FR Doc 04-4514
[Federal Register: March 1, 2004 (Volume 69, Number 40)]
[Notices]
[Page 9602-9605]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr01mr04-58]
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DEPARTMENT OF EDUCATION
Privacy Act of 1974; System of Records; What Works Clearinghouse
(18-13-06)
AGENCY: Institute of Education Sciences, Department of Education.
ACTION: Notice of a new system of records.
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SUMMARY: In accordance with the Privacy Act of 1974, as amended
(Privacy Act), the U.S. Department of Education (the Department or ED)
publishes this notice of a new system of records for the Institute of
Education Sciences (IES or the Institute) ``What Works Clearinghouse''
(WWC or Clearinghouse). The Clearinghouse is a web-based system that
will maintain a national registry of educational interventions--
educational programs, products, and practices that are claimed to
enhance important student outcomes. In particular, the Clearinghouse
will assess and report on the strength of research-based evidence of
the effectiveness of these educational programs.
The Institute anticipates that the Clearinghouse will gather
personal information in two ways. First, the Clearinghouse will be
collecting identifying information from members of the public when--
1. The public voluntarily and anonymously suggests studies,
interventions, and topics for WWC review, and provides optional contact
information.
2. The public voluntarily subscribes to receive e-mail updates
about new information on the WWC Web site.
In both cases, access to contact information will be restricted to
authorized WWC staff on a need-to-know basis. In the case of e-mail
addresses, this information will only be available to the Web site
administrator.
Second, evaluators--individuals and organizations--may use the Web
site to voluntarily submit contact information and information about
their services and experience in evaluating educational programs. The
purpose of this information is to create a public listing to assist
people in identifying those evaluators who are potentially qualified to
conduct rigorous studies of the effectiveness of education programs.
Interested evaluators will sign a letter giving their written
permission for this information to be used in the registry.
DATES: The Department seeks comment on the new system of records
described in this notice, in accordance with the requirements of the
Privacy Act. We must receive your comments on or before March 31, 2004.
The Department filed a report describing the system of records
covered by this notice with the Chair of the Senate Committee on
Governmental Affairs, the Chair of the House Committee on Government
Reform, and the Administrator of the Office of Information and
Regulatory Affairs, OMB, on February 25, 2004. This system of records
will become effective at the later date of--(1) the expiration of the
40-day period for OMB review on April 5, 2004 or (2) March 31, 2004,
unless the system of records needs to be changed as a result of public
comment or OMB review.
ADDRESSES: Address all comments about this system of records to Nancy
Loy, Ph.D., Contracting Officer's Technical Representative (COR), What
Works Clearinghouse, U.S. Department of Education, Institute of
Education Sciences, 555 New Jersey Avenue, NW., suite 504, Washington,
DC 20208. If you prefer to send comments through the Internet, use the
following address: comments@ed.gov.
You must include the term ``What
Works Clearinghouse'' in the subject line of the electronic comment.
During and after the comment period, you may inspect all public
comments about this notice in suite 504, 555 New Jersey Avenue, NW.,
Washington, DC, between the hours of 8 a.m. and 4:30 p.m., Eastern
time, Monday through Friday of each week except Federal holidays.
Assistance to Individuals With Disabilities in Reviewing the Rulemaking
Record
On request, we will supply an appropriate aid, such as a reader or
print magnifier, to an individual with a disability who needs
assistance to review the comments or other documents in the public
rulemaking record for this notice. If you want to schedule an
appointment for this type of aid, please contact the person listed
under FOR FURTHER INFORMATION CONTACT.
FOR FURTHER INFORMATION CONTACT: Nancy Loy. Telephone: (202) 208-3680.
If you use a telecommunications device for the deaf (TDD), you may call
the Federal Information Relay Service (FIRS) at 1-800-877-8339.
Individuals with disabilities may obtain this document in an
alternative format (e.g., Braille, large print, audiotape, or computer
diskette) on request to the contact person listed under FOR FURTHER
INFORMATION CONTACT.
[[Page 9603]]
SUPPLEMENTARY INFORMATION:
Introduction
The Privacy Act (5 U.S.C. 552a(e)(4)) requires the Department to
publish in the Federal Register this notice of a new system of records
maintained by the Department. The Department's regulations implementing
the Privacy Act are contained in the Code of Federal Regulations (CFR)
in 34 CFR part 5b.
The Privacy Act applies to a record about an individual that
contains individually identifiable information that is retrieved by a
unique identifier associated with each individual, such as a name or
social security number. The information about each individual is called
a ``record'' and the system, whether manual or computer-based, is
called a ``system of records.'' The Privacy Act requires each agency to
publish notices of systems of records in the Federal Register and to
prepare reports to OMB whenever the agency publishes a new or altered
system of records. Each agency is also required to send copies to the
Chair of the Senate Committee on Governmental Affairs and the Chair of
the House Committee on Government Reform. These reports are intended to
permit an evaluation of the probable or potential effect of the
proposal on the privacy or other rights of individuals.
Electronic Access to This Document
You may view this document, as well as other Department of
Education documents published in the Federal Register, in text or Adobe
Portable Document Format (PDF) on the Internet at the following site:
http://www.ed.gov/news/fedregister.
To use PDF you must have Adobe Acrobat Reader, which is available
free at this site. If you have questions about using PDF, call the U.S.
Government Printing Office (GPO), toll-free, at 1-888-293-6498; or in
the Washington, DC, area at (202) 512-1530.
Note: The official version of this document is the document
published in the Federal Register. Free Internet access to the
official edition of the Federal Register and the Code of Federal
Regulations is available on GPO access at: http://www.gpoaccess.gov/nara/index.html.
Dated: February 25, 2004.
Grover J. Whitehurst,
Director, Institute of Education Sciences.
For reasons discussed in the preamble, the Director of the
Institute of Education Sciences (IES or the Institute) of the U.S.
Department of Education (the Department or ED) publishes a notice of a
new system of records to read as follows:
18-13-06
SYSTEM NAME:
What Works Clearinghouse (WWC) Database.
SECURITY CLASSIFICATION:
None.
SYSTEM LOCATION:
Aspen Systems Corporation, 2277 Research Boulevard, Rockville, MD
20850.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
This web-based system will maintain a national registry of
educational interventions--educational programs, products, and
practices that are claimed to enhance important student outcomes. In
particular, the WWC will assess and report on the strength of research-
based evidence of the effectiveness of these educational programs.
There are two categories of individuals covered by the system.
First, the WWC will be collecting identifying information from members
of the public if the public voluntarily and anonymously suggests
studies, interventions, and topics for WWC review, and provides
optional contact information. The WWC will also collect information
from the public if an individual voluntarily subscribes to receive e-
mail updates about new information on the WWC Web site.
Second, evaluators--individuals and organizations--may use the Web
site to voluntarily submit contact information and information about
their services and experience in evaluating educational programs. The
purpose of this information is to create a public listing to assist
people in identifying those evaluators who are potentially qualified to
conduct rigorous studies of the effectiveness of education programs.
CATEGORIES OF RECORDS IN THE SYSTEM:
For members of the public who suggest a study, intervention, or
topic for WWC review, and choose to provide contact information, the
form will include name, title, organization, mailing address, e-mail
address, phone number, URL and comments. The individual will be able to
choose whether or not to submit any contact information at all, provide
just a contact name and e-mail address, or give more detailed contact
information, including title, organization, mailing address, phone
number, URL, or comments.
For members of the public who voluntarily subscribe to receive e-
mail updates from the WWC Web site, an automated system will collect
and retain the e-mail addresses of subscribers.
Finally, evaluators may use the Web site to voluntarily submit
contact information--name, work mailing and e-mail addresses, phone
number--together with information about their services and experience,
if they would like this information to be included in the public-
access, web-based registry of evaluators.
This notice does not cover records, including but not limited to
letters, e-mails, and facsimiles, sent by individuals to the Secretary,
Deputy Secretary, Senior Officers, such as the Director of IES, for
whom the Department controls responses to these inquiries. Further,
this notice does not cover the official correspondence files of IES,
specifically the hard copies of official documents and electronic
images of certain incoming and outgoing documents.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
Education Sciences Reform Act of 2002, Pub. L. 107-279 (2002),
sections 172(a)(2) and (3).
PURPOSE(S):
This system of records is maintained to provide the WWC with the
means to:
1. Contact members of the public who suggest a study, intervention,
or topic for review and who choose voluntarily to provide optional
contact information, if their suggestions need clarification.
2. Send e-mail updates about new information on the WWC Web site to
subscribers.
3. Provide contact information for evaluators who wish to have
their services, experience, and contact information included in the
public-access, web-based registry of evaluators.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSES OF SUCH USES:
The Department may disclose information contained in a record in
this system of records under the routine uses listed in this system of
records without the consent of the individual if the disclosure is
compatible with the purposes for which the record was collected. These
disclosures may be made on a case-by-case basis or, if the Department
has complied with the computer matching requirements of the Privacy
Act, under a computer matching agreement.
1. Freedom of Information Act (FOIA) Advice Disclosure. The
Department may disclose records to the Department of Justice (DOJ) and
OMB if the Department concludes that disclosure is desirable or
necessary in determining whether particular records are required to be
disclosed under the FOIA.
[[Page 9604]]
2. Disclosure to the DOJ. The Department may disclose records to
the DOJ to the extent necessary for obtaining DOJ advice on any matter
relevant to an audit, inspection, or other inquiry related to the
programs covered by this system.
3. Contract Disclosure. If the Department contracts with an entity
for the purposes of performing any function that requires disclosure of
records in this system to employees of the contractor, the Department
may disclose the records to those employees. Before entering into a
contract, the Department shall require the contractor to maintain
Privacy Act safeguards as required under 5 U.S.C. 552a(m) with respect
to the records in the system.
4. Litigation and Alternative Dispute Resolution (ADR) Disclosures.
(a) Introduction. In the event that one of the parties described in
(a)(i) through (v) is involved in litigation or ADR, or has an interest
in litigation or ADR, the Department may disclose certain records to
the parties described in paragraphs (b), (c), and (d) of this routine
use under the conditions specified in those paragraphs:
(i) The Department, or any of its components; or
(ii) Any Department employee in his or her official capacity; or
(iii) Any Department employee in his or her official capacity if
the DOJ has agreed or been requested to provide or arrange for
representation for the employee; or
(iv) Any Department employee in his or her individual capacity if
the Department has agreed to represent the employee; or
(v) The United States if the Department determines that the
litigation is likely to affect the Department or any of its components.
(b) Disclosure to the DOJ. If the Department determines that
disclosure of certain records to the DOJ is relevant and necessary to
litigation or ADR, and is compatible with the purpose for which the
records were collected, the Department may disclose those records as a
routine use to the DOJ.
(c) Adjudicative disclosures. If the Department determines that
disclosure of certain records to an adjudicative body before which the
Department is authorized to appear or to an individual or entity
designated by the Department or otherwise empowered to resolve or
mediate disputes is relevant and necessary to the litigation or ADR,
the Department may disclose those records as a routine use to the
adjudicative body, individual, or entity.
(d) Parties, counsel, representatives and witnesses. If the
Department determines that disclosure of certain records to a party,
counsel, representative or witness is relevant and necessary to the
litigation or ADR, the Department may disclose those records as a
routine use to the party, counsel, representative or witness.
5. Research Disclosure. The Department may disclose records to a
researcher if an appropriate official of the Department determines that
the individual or organization to which the disclosure would be made is
qualified to carry out specific research related to functions or
purposes of this system of records. The official may disclose records
from this system of records to that researcher solely for the purpose
of carrying out that research related to the functions or purposes of
this system of records. The researcher shall be required to maintain
Privacy Act safeguards with respect to the disclosed records.
6. Congressional Member Disclosure. The Department may disclose
information to a Member of Congress from the record of an individual in
response to an inquiry from the Member made at the written request of
that individual. The Member's right to the information is no greater
than the right of the individual who requested it.
7. Enforcement Disclosure. In the event that information in this
system of records indicates, either on its face or in connection with
other information, a violation or potential violation of any applicable
statute, regulation, or order of a competent authority, the Department
may disclose the relevant records to the appropriate agency, whether
foreign, Federal, State, Tribal, or local, charged with the
responsibility of investigating or prosecuting that violation or
charged with enforcing or implementing the statute, Executive order,
rule, regulation, or order issued pursuant thereto.
DISCLOSURES TO CONSUMER REPORTING AGENCIES:
Not applicable to this system of records.
POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING,
AND DISPOSING OF RECORDS IN THE SYSTEM: STORAGE:
The information in the tracking system will be stored on a server
maintained by the WWC subcontractor staff. Records generated by the
system will be maintained electronically on the server.
RETRIEVABILITY:
The public will have access to the searchable, web-based registry
of evaluators, containing information voluntarily submitted by
evaluators about their services and experience, as well as contact
information, after the evaluators have signed a letter giving their
written permission for this information to be used in the registry.
The data are retrieved by searching by record number, type of
suggestion, study author, title, reference type, publisher, topic, type
of intervention, and organization.
The data for the evaluator registry will be searchable on the WWC
public-access Web site by topic, type of research, geographic area,
study title, intervention title, years of experience, and contact
information.
SAFEGUARDS:
Access to this system will be restricted to authorized WWC
contractors, subcontractors, consultants, and ED employees on a need-
to-know basis. Authorized users of this system will enter a unique user
ID as well as a password to enter the system. They will be required to
change their passwords periodically, and they will not be allowed to
repeat old passwords. Any individual who attempts to log in to the
system three times and fails will be locked out of the system. Access
after that time requires intervention by the system manager.
The computer system employed by the WWC offers a high degree of
resistance to tampering and circumvention. This security system limits
data access to authorized WWC staff and controls individual users'
ability to access and alter records within the system.
All file servers, routers/hubs, tape back-up stations, and
communications servers are located in secure rooms at the
subcontractor's Headquarters site, and only authorized personnel have
access via key or magnetic card.
All files will be password-protected and back-up files will be
secured in a locked area. Access to the data files and software on the
WWC site are controlled through the Microsoft NT Server operating
system by providing all staff with user accounts (user IDs). All secure
user accounts will require passwords that must be changed every six
months. Passwords for ongoing data processing will be changed
frequently, and users will be blocked from gaining access to certain
types of data and programs based on their IDs and passwords.
RETENTION AND DISPOSAL:
Records in this system will be retained in accordance with the
National Archives and Records Administration (NARA) General Records
Schedule 20, Item 1.c which
[[Page 9605]]
provides disposal authorization for electronic files and hard-copy
printouts created to monitor system usage. Records will be deleted or
destroyed when the agency determines they are no longer needed for
administrative, legal, audit, or other operational purposes.
SYSTEM MANAGER AND ADDRESS:
Contracting Officer's Representative (COR), What Works
Clearinghouse, U.S. Department of Education, Institute of Education
Sciences, 555 New Jersey Avenue, NW., suite 504, Washington, DC 20208.
NOTIFICATION PROCEDURE:
If you wish to determine whether a record exists about you in the
system of records, provide the system manager with your name or e-mail
address. Your request for notification must also meet the requirements
of the regulations in 34 CFR 5b.5, including proof of identity. You may
also present your request in person or make your request in writing to
the system manager at the above address.
RECORD ACCESS PROCEDURES:
Request to access a record also must reasonably specify the record
contents sought and otherwise meet the requirements of the regulations
in 34 CFR 5b.5, including proof of identity.
CONTESTING RECORD PROCEDURES:
If you wish to change the content of a record in this system of
records, you must contact the system manager at the above address and
follow the steps outlined in the NOTIFICATION PROCEDURE section.
Requests to amend a record must also reasonably identify the record,
specify the information being contested, provide in writing your
reasons for requesting the change, and otherwise meet the regulations
in 34 CFR 5b.7.
RECORD SOURCE CATEGORIES:
Information in this system is obtained from members of the public
and evaluators who voluntarily provide information. The primary way for
the public and evaluators to contact the WWC is electronically through
the WWC Web site, although they also could contact the WWC by
telephone, by mail, or in person.
SYSTEM EXEMPTED FROM CERTAIN PROVISIONS OF THE PRIVACY ACT:
None.
[FR Doc. 04-4514 Filed 2-27-04; 8:45 am]
BILLING CODE 4000-01-P