[Federal Register: December 27, 1999 (Volume 64, Number 247)]
[Notices]
[Page 72383-72408]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr27de99-116]
[[Page 72383]]
_______________________________________________________________________
Part II
Department of Education
_______________________________________________________________________
Privacy Act of 1974; Systems of Records and Corrections; Notice
[[Page 72384]]
DEPARTMENT OF EDUCATION
Privacy Act of 1974; System of Records
AGENCY: Office of the Chief Information Officer, Department of
Education.
ACTION: Notice of new and altered systems of records and corrections.
-----------------------------------------------------------------------
SUMMARY: The Chief Information Officer for the Department of Education
publishes this notice of new and altered systems of records and
corrections.
DATES: We must receive your comments on the proposed routine uses for
the systems of records included in this notice on or before January 26,
2000. The Department filed a report describing the new and altered
systems of records covered by this notice with the Chair of the
Committee on Governmental Affairs of the Senate, the Chair of the
Committee on Government Reform and Oversight of the House, and the
Administrator of the Office of Information and Regulatory Affairs,
Office of Management and Budget (OMB) on December 17, 1999. The changes
made in this notice will become effective after the 30-day period for
OMB review of the systems expires on January 16, 2000; unless OMB gives
specific notice within the 30 days that the changes are not approved
for implementation or requests an additional 10 days for its review.
The routine uses become effective 30 days after publication unless they
need to be changed as a result of public comment or OMB review. The
Department will publish any changes to the routine uses.
ADDRESSES: Address all comments about the proposed routine uses to
Chiquitta Thomas, Office of Chief Information Officer, Information
Management Group, U.S. Department of Education, room 5624 Regional
Office Building, 400 Maryland Avenue, SW., Washington, DC 20202-4580.
Telephone: 202-708-9265. If you prefer to send through the Internet,
use the following address: Comments@ed.gov
You must include the term ``System of Records'' in the subject line
of the electronic message.
During and after the comment period, you may inspect all comments
about this notice in room 5624, Regional Office Building, Seventh and D
Streets, SW., 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 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, you may call (202) 205-8113 or (202) 260-9895. If you use a
TDD, you may call the Federal Information Relay Service at 1-800-877-
8339.
FOR FURTHER INFORMATION CONTACT: Elizabeth Mackenzie, Office of the
General Counsel, U.S. Department of Education, 400 Maryland Avenue, SW,
room 6E103, Washington, DC 20202. Telephone: 202-401-6700. 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 in the preceding
paragraph.
Introduction
The Act (5 U.S.C. 552a)(e)(4)) requires the Department to publish
in the Federal Register this notice of new or revised systems of
records managed by the Department. The Department's regulations
implementing the Act are contained in the Code of Federal Regulations
(CFR) in 34 CFR part 5b.
The Privacy Act of 1974 (Privacy Act), 5 U.S.C. 552a, applies to
information about individuals that contain individually identifiable
information and that may be 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 Act requires each agency to publish notices of systems
of records in the Federal Register and to prepare reports to the Office
of Management and Budget (OMB) whenever the agency publishes a new or
``altered'' system of records. A system is considered altered whenever
certain fundamental changes are made to the system such as changing
from a manual to automated system of records or whenever certain
disclosures, called ``routine uses,'' are changed in the system of
records.
New Systems of Records
The following systems of records have been identified as new:
18-06-04 Satellite Event Participant Registration System
18-11-10 Title IV Wide Area Network (Title IV WAN)
18-11-11 Office of the Student Loan Ombudsman Records
18-11-12 The Department of Education (ED) PIN (Personal
Identification Number) Registration System
18-12-05 Graduate Assistance in Areas of National Need (GAANN)
Program Assessment System
18-13-05 Education Publications Center (ED PUBS)
Altered Systems of Records
Although they do not describe new systems of records, three
additional system notices are included in this Federal Register notice.
The Department has made a significant number of revisions to these
notices. Most of the revisions are technical in nature; for example,
the current name and address of the office responsible for each system
has been updated. Additionally, every effort has been made to update
the notices to make them more ``reader friendly,'' dispensing with
traditional bureaucratic language. In particular, the Department has
revised the descriptions of each system's routine uses. The intent is
not to substantively change any of the routine uses but to make them
clearer and consistent. However, because of the risk that these
revisions would be viewed as substantive changes, the Chief Information
Officer decided to treat these three systems as altered systems of
records.
A list of these updated system notices follows:
18-05-03 Federal Personnel Payroll System
18-06-03 Presidential Scholars Files of Selected Participants
18-11-06 National Student Loan Data System (NSLDS)
Clarifications of the June 4, 1999 Publication
In the June 4, 1999 edition of the Federal Register, the Department
published a Notice of New, Amended, Altered and Deleted System of
Records. The Department determined that the June 4, 1999 publication
included two system notices containing inaccuracies: Freedom of
Information Act and Privacy Act Case Files (18-04-01) and Freedom of
Information Act and Privacy Act Tracking System (18-04-02). In an
effort to avoid any confusion that these errors may cause, the
Department is republishing these two notices in the Federal Register.
As several routine uses have been added to these notices,
[[Page 72385]]
the Department is treating these system notices as ``altered'' systems
of records.
Finally, the Department is also publishing in the Federal Register
several corrections to the June 4, 1999 publication. These corrections
will clarify several ambiguities in the June publication.
Electronic Access to this Document
You may view this document, as well as all other Department of
Education documents published in the Federal Register, in text or Adobe
Portable Document Format (PDF) on the Internet at either of the
following sites:
http://ocfo.ed.gov.fedreg.htm
http://www.ed.gov/news.html
To use the PDF you must have the Adobe Acrobat Reader Program with
Search, which is available free at either of the previous sites. If you
have questions about using the 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.access.gpo.gov/nara/index.html.
Dated: December 17, 1999.
Craig B. Luigart,
Chief Information Officer.
For the reasons discussed in the preamble, the Chief Information
Officer of the U.S. Department of Education publishes notice of the
following systems of records managed by the Department:
18-04-01
SYSTEM NAME:
Freedom of Information Act and Privacy Act Case Files.
SECURITY CLASSIFICATION:
None.
SYSTEM LOCATION:
Information Management Group, Office of the Chief Information
Officer, U.S. Department of Education, Seventh and D Streets, Room
5624, ROB-3, Washington, DC 20202-4651. See the Appendix at the end of
this notice for additional system locations.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
This system contains records and related correspondence on
individuals who have submitted requests for information under the
provisions of the Freedom of Information Act (FOIA) (5 U.S.C. 552) or
the Privacy Act (5 U.S.C. 552a), as well as individuals whose records
have been the subject of a FOIA or Privacy Act request.
CATEGORIES OF RECORDS IN THE SYSTEM:
This system contains correspondence and other documents related to
requests made by individuals pursuant to the Freedom of Information Act
and the Privacy Act.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
The Freedom of Information Act, 5 U.S.C. 552, as amended; The
Privacy Act of 1974, 5 U.S.C. 552a, as amended.
PURPOSE(S):
These records are maintained to process individuals' requests made
under the provisions of the Freedom of Information Act and the Privacy
Act. The records are also used by the Department of Education (the
Department) to prepare its reports to OMB and Congress as required by
the Freedom of Information Act and the Privacy Act.
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) Disclosure for Use by Other Law Enforcement Agencies. The
Department may disclose information to any Federal, State, local, or
foreign agency or other public authority responsible for enforcing,
investigating, or prosecuting violations of administrative, civil, or
criminal law or regulation if that information is relevant to any
enforcement, regulatory, investigative, or prosecutive responsibility
within the receiving entity's jurisdiction.
(2) 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.
(3) Litigation and Alternative Dispute Resolution (ADR)
Disclosures.
(a) Introduction. In the event that one of the parties listed below
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 component of the Department; or
(ii) Any Department employee in his or her official capacity; or
(iii) Any Department employee in his or her individual capacity if
the Department of Justice (DOJ) has agreed to provide or arrange for
representation for the employee;
(iv) Any Department employee in his or her individual capacity
where the agency has agreed to represent the employee; or
(v) The United States where 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, the Department may disclose those records as a
routine use to the DOJ.
(c) Administrative Disclosures. If the Department determines that
disclosure of certain records to an adjudicative body before which the
Department is authorized to appear, an individual or entity designated
by the Department or otherwise empowered to resolve or mediate disputes
is relevant and necessary to the administrative litigation, the
Department may disclose those records as a routine use to the
adjudicative body, individual, or entity.
(d) Parties, counsels, representatives and witnesses. If the
Department determines that disclosure of certain records to a party,
counsel, representative or witness in an administrative proceeding is
relevant and necessary to the litigation, the Department may disclose
those records as a routine use to the party, counsel, representative or
witness.
(4) Employment, Benefit, and Contracting Disclosure.
(a) For Decisions by the Department. The Department may disclose a
record to a Federal, State, or local agency maintaining civil,
criminal, or other relevant enforcement or other pertinent records, or
to another public authority or professional organization, if necessary
to obtain information relevant to a Department decision concerning the
hiring or retention of an employee or
[[Page 72386]]
other personnel action, the issuance of a security clearance, the
letting of a contract, or the issuance of a license, grant, or other
benefit.
(b) For Decisions by Other Public Agencies and Professional
Organizations. The Department may disclose a record to a Federal,
State, local, or foreign agency or other public authority or
professional organization, in connection with the hiring or retention
of an employee or other personnel action, the issuance of a security
clearance, the reporting of an investigation of an employee, the
letting of a contract, or the issuance of a license, grant, or other
benefit, to the extent that the record is relevant and necessary to the
receiving entity's decision on the matter.
(5) Employee Grievance, Complaint or Conduct Disclosure. The
Department may disclose a record in this system of records to another
agency of the Federal Government if the record is relevant to one of
the following proceedings regarding a present or former employee of the
Department: complaint, grievance, discipline or competence
determination proceedings. The disclosure may only be made during the
course of the proceeding.
(6) Freedom of Information Act (FOIA) Advice Disclosure. The
Department may disclose records to the Department of Justice and the
Office of Management and Budget if the Department concludes that
disclosure is desirable or necessary in determining whether particular
records are required to be disclosed under the FOIA.
(7) Disclosure to the Department of Justice (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.
(8) Congressional Member Disclosure. The Department may disclose
records 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.
(9) 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 such
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.
DISCLOSURE TO CONSUMER REPORTING AGENCIES: Not applicable.
POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
Records are maintained in hard copy and in word processing
software.
RETRIEVABILITY:
Records are retrieved by the name of the individual.
SAFEGUARDS:
Records are stored in locked metal filing cabinets or in a secured
room, with access limited to personnel whose duties require access. All
physical access to the Department's sites, and the sites of Department
contractors where this system of records is maintained, is controlled
and monitored by security personnel who check each individual entering
the building for an employee or visitor badge.
RETENTION AND DISPOSAL:
Records relating to the agency's implementation of the FOIA and the
Privacy Act are disposed of in accordance with the General Records
Schedule (GRS) 14 issued by the National Archives and Records
Administration.
SYSTEM MANAGER(S) AND ADDRESS:
Freedom of Information Officer, Room 5624, ROB-3, 400 Maryland
Avenue, SW., Washington, DC 20202-4651. Privacy Act Officer, Room 5624,
ROB-3, 400 Maryland Avenue, SW., Washington, DC 20202-4651. See the
Appendix at the end of this notice for additional system managers.
NOTIFICATION PROCEDURE:
If you wish to inquire whether a record exists regarding you in
this system, you should contact the appropriate system manager at the
appropriate office or region where the original FOIA or Privacy Act
requests were sent, or from where the response was received. You must
provide your name, date of the request, name of organization, and
subject matter. Your request must meet the requirements of the
Department's Privacy Act regulations at 34 CFR 5b.5, including proof of
identity.
RECORD ACCESS PROCEDURES:
If you wish to request access to your records, you should contact
the appropriate system manager at the appropriate office or region
where the original FOIA or Privacy Act requests were sent, or from
where the response was received. You must comply with the Department's
Privacy Act regulations at 34 CFR 5b.5, including proof of identity.
CONTESTING RECORD PROCEDURES:
If you wish to request an amendment to your records, you should
contact the appropriate system manager at the appropriate office or
region where the original FOIA or Privacy Act requests were sent, or
from where the response was received. Your request must meet the
requirements of the Department's Privacy Act regulations at 34 CFR
5b.7.
RECORD SOURCE CATEGORIES:
Information in this system of records is obtained from the
individual to whom the information applies, officials of the
Department, and official Department documents.
SYSTEM EXEMPTED FROM CERTAIN PROVISIONS OF THE ACT:
The Department has claimed exemptions for several of its other
systems of records under 5 U.S.C. 552a(k) (1), (2), (3), (4), (5),(6),
and (7). During the course of processing a Freedom of Information Act
or Privacy Act request, exempt materials from those other systems may
be included in the Freedom of Information Act and Privacy Act Case
Files; these materials maintain their exempt status.
Appendix to 18-04-01
Additional System Locations
Office of the Secretary, U.S. Department of Education, 400
Maryland Avenue, SW, room 7C122, Washington, DC 20202.
Office of the Deputy Secretary, U.S. Department of Education,
400 Maryland Avenue, SW, room 7W310, Washington, DC 20202.
Office of the Under Secretary, U.S. Department of Education, 400
Maryland Avenue, SW, room 6W300, Washington, DC 20202.
Office of Postsecondary Education, U.S. Department of Education,
Seventh and D Streets, SW, room 4913, ROB-3, Washington, DC 20202.
Office of the Chief Financial Officer, U.S. Department of
Education, 400 Maryland Avenue, SW, room 4E223, Washington, DC
20202.
Office of Educational Research and Improvement, 555 New Jersey
Avenue, NW, room 602E, Capitol Place, Washington, DC 20208.
Office of Special Education and Rehabilitative Services, U.S.
Department of Education, 330 C Street, SW, Room 3613, Switzer
Building, Washington, DC 20202.
Office of Vocational and Adult Education, U.S. Department of
Education, 330 C Street, SW, room 4064, Switzer Building,
Washington, DC 20202.
Office of the General Counsel, U.S. Department of Education, 400
Maryland Avenue, SW, room 6C142, Washington, DC 20202.
[[Page 72387]]
Office of Management, U.S. Department of Education, 400 Maryland
Avenue, SW, room 2W211, Washington, DC 20202.
Office of Inspector General, U.S. Department of Education, 330 C
Street, SW, room 4200, Switzer Building, Washington, DC 20202.
Office of Elementary and Secondary Education, U.S. Department of
Education, 400 Maryland Avenue, SW, room 3W341, Washington, DC
20202.
Office of Public Affairs, U.S. Department of Education, 400
Maryland Avenue, SW, room 7E201, Washington, DC 20202.
Office of Student Financial Assistance, U.S. Department of
Education, Seventh and D Streets, SW, room 4913, ROB-3, Washington,
DC 20202.
Office for Civil Rights, U.S. Department of Education, 330 C
Street, SW, room 5424, Switzer Building, Washington, DC 20202.
Office of Bilingual Education and Minority Affairs, U.S.
Department of Education, 330 C Street, SW, room 5616, Switzer
Building, Washington, DC 20202.
Office of Educational Research and Improvement, U.S. Department
of Education, 400 Maryland Avenue, SW, room 4W332, Washington, DC
20202.
Office of Legislation and Congressional Affairs, U.S. Department
of Education, 400 Maryland Avenue, SW, room 7E307, Washington, DC
20202.
Region I: U.S. Department of Education, John W. McCormack P.O.
and Courthouse, Room 540, Post Office Square, Boston, MA 02109-4557.
Region II: U.S. Department of Education, 75 Park Place, 12th
Floor, New York, NY 10278-0043.
Region III: U.S. Department of Education, 3535 Market Street,
Room 16350, Philadelphia, PA 19104-3398.
Region IV: U.S. Department of Education, 61 Forsyth Street, SW.,
Suite 19T40, Atlanta, GA 30303.
Region V: U.S. Department of Education, 111 N. Canal Street,
Suite 1094, Chicago, IL 60606.
Region VI: U.S. Department of Education, 1200 Main Tower
Building, #2260, Dallas, TX 75202-4309.
Region VII: U.S. Department of Education, 10220 N. Executive
Hills Blvd., 8th Floor, Kansas City, MO 64153-1367.
Region VIII: U.S. Department of Education, Federal Office
Building, 1244 Speer Blvd., Room 300, Denver, CO 80204-3582.
Region IX: U.S. Department of Education, 50 United Nations
Plaza, San Francisco, CA 94102.
Region X: U.S Department of Education, room 3362, Mail Code 10-
9060, 915 2nd Avenue, Seattle, WA 98174-1099.
Metro Region: U.S. Department of Education, Office for Civil
Rights, 1100 Pennsylvania Avenue, NW., Washington, DC 20044.
Additional System Managers
Region I: Deputy Regional Director, U.S. Department of
Education, John W. McCormack PO and Courthouse, Room 540, Post
Office Square, Boston, MA 02105-4557.
Region II: Secretary's Regional Representative, U.S. Department
of Education, 75 Park Place, 12th Floor, New York, NY 10278-0043.
Region III: Assistant to the Secretary's Regional
Representative, U.S. Department of Education, 3535 Market Street,
Room 16350, Philadelphia, PA 19104-3398.
Region IV: Deputy Secretary's Regional Representative, U.S.
Department of Education, 61 Forsyth Street, SW., Suite 19T40,
Atlanta, GA 30303.
Region V: Secretary's Regional Representative , U.S. Department
of Education, 111 N. Canal Street, Suite 1094, Chicago, IL 60606.
Region VI: Administrative Officer, U.S. Department of Education,
1200 Main Tower Building, #2260, Dallas, TX 75202-4309.
Region VII: Secretary's Regional Representative, U.S. Department
of Education, 10220 N. Executive Hills Blvd., 8th Floor, Kansas
City, MO 64153-1367.
Region VIII: Secretary's Regional Representative, U.S.
Department of Education, Federal Office Building, 1244 Speer Blvd.,
room 300, Denver, CO 80204-3582.
Region IX: Secretary's Regional Representative, U.S. Department
of Education, 50 United Nations Plaza, San Francisco, CA 94102.
Region X: Secretary's Regional Representative, U.S. Department
of Education, room 3362, Mail Code 10-9060, 915 2nd Avenue, Seattle,
WA 98174-1099.
Metro Region: Program Specialist, Office for Civil Rights, U.S.
Department of Education, 1100 Pennsylvania Avenue, NW., Washington,
DC 20044.
18-04-02
SYSTEM NAME:
Freedom of Information Act and Privacy Act Tracking System.
SECURITY CLASSIFICATION:
None.
SYSTEM LOCATION:
Office of the Chief Information Officer, Information Management
Group, U.S. Department of Education, 400 Maryland Avenue, SW., ROB-3,
Room 5624, Washington, DC 20202-4651. See the Appendix at the end of
this system notice for additional system locations.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
This system contains records on individuals who have submitted
requests made under the provisions of the Freedom of Information Act
and under the Privacy Act of 1974.
CATEGORIES OF RECORDS IN THE SYSTEM:
This system consists of names, addresses, dates of request and
responses, descriptions or identifications of records requested, amount
of fees paid, if any; payment delinquencies, if any; final
determinations of appeals or denials and summary of log. Copies of
requested records are not maintained in the system.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
The Freedom of Information Act, 5 U.S.C. 552, as amended; The
Privacy Act of 1974, 5 U.S.C. 552a, as amended; and 5 U.S.C. 301.
PURPOSE(S):
This system is used to document and track the status of requests
made under both the Freedom of Information Act and the Privacy Act.
This system is also used to generate the annual report to the
Department of Justice (DOJ) as required by the Freedom of Information
Act and the biennial report to the Office of Management and Budget
(OMB) and Congress as required by the Privacy Act.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSES OF SUCH USES:
The Department of Education (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) Disclosure for Use by Other Law Enforcement Agencies. The
Department may disclose information to any Federal, State, local, or
foreign agency or other public authority responsible for enforcing,
investigating, or prosecuting violations of administrative, civil, or
criminal law or regulation if that information is relevant to any
enforcement, regulatory, investigative, or prosecutive responsibility
within the receiving entity's jurisdiction.
(2) 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.
(3) Litigation and Alternative Dispute Resolution (ADR)
Disclosures.
[[Page 72388]]
(a) Introduction. In the event that one of the parties listed below
is involved in litigation or ADR, or has an interest in litigation 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 component of the Department; or
(ii) Any Department employee in his or her official capacity; or
(iii) Any Department employee in his or her individual capacity if
the Department of Justice (DOJ) has agreed to provide or arrange for
representation for the employee;
(iv) Any Department employee in his or her individual capacity
where the agency has agreed to represent the employee; or
(v) The United States where 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, the Department may disclose those records as a
routine use to the DOJ.
(c) Administrative Disclosures. If the Department determines that
disclosure of certain records to an adjudicative body before which the
Department is authorized to appear, an individual or entity designated
by the Department or otherwise empowered to resolve or mediate disputes
is relevant and necessary to the administrative litigation, the
Department may disclose those records as a routine use to the
adjudicative body, individual, or entity.
(d) Parties, counsels, representatives and witnesses. If the
Department determines that disclosure of certain records to a party,
counsel, representative or witness in an administrative proceeding is
relevant and necessary to the litigation, the Department may disclose
those records as a routine use to the party, counsel, representative or
witness.
(4) Employment, Benefit, and Contracting Disclosure.
(a) For Decisions by the Department. The Department may disclose a
record to a Federal, State, or local agency maintaining civil,
criminal, or other relevant enforcement or other pertinent records, or
to another public authority or professional organization, if necessary
to obtain information relevant to a Department decision concerning the
hiring or retention of an employee or other personnel action, the
issuance of a security clearance, the letting of a contract, or the
issuance of a license, grant, or other benefit.
(b) For Decisions by Other Public Agencies and Professional
Organizations. The Department may disclose a record to a Federal,
State, local, or foreign agency or other public authority or
professional organization, in connection with the hiring or retention
of an employee or other personnel action, the issuance of a security
clearance, the reporting of an investigation of an employee, the
letting of a contract, or the issuance of a license, grant, or other
benefit, to the extent that the record is relevant and necessary to the
receiving entity's decision on the matter.
(5) Employee Grievance, Complaint or Conduct Disclosure. The
Department may disclose a record in this system of records to another
agency of the Federal Government if the record is relevant to one of
the following proceedings regarding a present or former employee of the
Department: complaint, grievance, discipline or competence
determination proceedings. The disclosure may only be made during the
course of the proceeding.
(6) Disclosure to the Department of Justice (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.
(7) 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 such
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.
(8) Freedom of Information Act (FOIA) Advice Disclosure. The
Department may disclose records to the Department of Justice and the
Office of Management and Budget if the Department concludes that
disclosure is desirable or necessary in determining whether particular
records are required to be disclosed under the FOIA.
(9) Congressional Member Disclosure. The Department may disclose
records 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.
DISCLOSURE TO CONSUMER REPORTING AGENCIES:
Not Applicable.
POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
These records are maintained on electronic media.
RETRIEVABILITY:
Records are retrieved by the name of the individual and the control
tracking number.
SAFEGUARDS:
All physical access to the Department site, and the sites of
Department contractors where this system of records is maintained, is
controlled and monitored by security personnel who check each
individual entering the building for his or her employee or visitor
badge.
The computer system employed by the Department offers a high degree
of resistance to tampering and circumvention. This security system
limits data access to Department and contract staff on a ``need to
know'' basis, and controls individual users'' ability to access and
alter records within the system. All users of this system of records
are given a unique user ID with personal identifiers. All interactions
by individual users with the system are recorded.
RETENTION AND DISPOSAL:
Files maintained for control purposes in responding to requests,
including registers and similar records listing date, nature, and
purpose of request and name and address of requester are destroyed by
erasure 6 years after the date of the last entry. (GRS 14, Item 13)
SYSTEM MANAGER(S) AND ADDRESS:
Freedom of Information Officer, Room 5624, ROB-3, 400 Maryland
Avenue, SW., Washington, DC 20202-4651. Privacy Act Officer, Room 5624,
ROB-3, 400 Maryland Avenue, SW., Washington, DC 20202-4651. See the
Appendix at the end of this notice for additional system managers.
NOTIFICATION PROCEDURE:
If you wish to determine whether a record exists regarding you in
the system of records, contact the system manager at the appropriate
office or region where the original FOIA or Privacy Act requests were
sent, or from where the response was received. Your request must meet
the requirements of the Department's Privacy Act regulations at 34 CFR
5b.5, including proof of identity.
RECORD ACCESS PROCEDURES:
If you wish to gain access to a record regarding you in the system
of records,
[[Page 72389]]
contact the system manager at the appropriate office or region where
the original FOIA or Privacy Act requests were sent, or from where the
response was received. Your request must meet the requirements of the
Department's Privacy Act regulations at 34 CFR 5b.5, including proof of
identity.
CONTESTING RECORD PROCEDURES:
If you wish to contest the content of a record regarding you in the
system of records, contact the system manager at the appropriate office
or region where the original FOIA or Privacy Act requests were sent, or
from where the response was received. Your request must meet the
requirements of the Department's Privacy Act regulations at 34 CFR
5b.7.
RECORD SOURCE CATEGORIES:
Information in this system of records is obtained from the
individual who submitted the request, officials of the Department, and
official Department documents.
SYSTEM EXEMPTED FROM CERTAIN PROVISIONS OF THE ACT:
None.
Appendix to 18-04-02
Additional System Locations
Office of the Secretary, U.S. Department of Education, 400
Maryland Avenue, SW, room 7C122, Washington, DC 20202.
Office of the Deputy Secretary, U.S. Department of Education,
400 Maryland Avenue, SW, room 7W310, Washington, DC 20202.
Office of the Under Secretary, U.S. Department of Education, 400
Maryland Avenue, SW, room 6W300, Washington, DC 20202.
Office of Postsecondary Education, U.S. Department of Education,
Seventh and D Streets, SW, room 4913, ROB-3, Washington, DC 20202.
Office of the Chief Financial Officer, U.S. Department of
Education, 400 Maryland Avenue, SW, room 4E223, Washington, DC
20202.
Office of Educational Research and Improvement, 555 New Jersey
Avenue, NW, room 602E, Capitol Place, Washington, DC 20208.
Office of Special Education and Rehabilitative Services, U.S.
Department of Education, 330 C Street, SW, Room 3613, Switzer
Building, Washington, DC 20202.
Office of Vocational and Adult Education, U.S. Department of
Education, 330 C Street, SW, room 4064, Switzer Building,
Washington, DC 20202.
Office of the General Counsel, U.S. Department of Education, 400
Maryland Avenue, SW, room 6C142, Washington, DC 20202.
Office of Management, U.S. Department of Education, 400 Maryland
Avenue, SW, room 2W211, Washington, DC 20202.
Office of Inspector General, U.S. Department of Education, 330 C
Street, SW, room 4200, Switzer Building, Washington, DC 20202.
Office of Elementary and Secondary Education, U.S. Department of
Education, 400 Maryland Avenue, SW, room 3W341, Washington, DC
20202.
Office of Public Affairs, U.S. Department of Education, 400
Maryland Avenue, SW, room 7E201, Washington, DC 20202.
Office of Student Financial Assistance, U.S. Department of
Education, Seventh and D Streets, SW, room 4913, ROB-3, Washington,
DC 20202.
Office for Civil Rights, U.S. Department of Education, 330 C
Street, SW, room 5424, Switzer Building, Washington, DC 20202.
Office of Bilingual Education and Minority Affairs, U.S.
Department of Education, 330 C Street, SW, room 5616, Switzer
Building, Washington, DC 20202.
Office of Educational Research and Improvement, U.S. Department
of Education, 400 Maryland Avenue, SW, room 4W332, Washington, DC
20202.
Office of Legislation and Congressional Affairs, U.S. Department
of Education, 400 Maryland Avenue, SW, room 7E307, Washington, DC
20202.
Region I: U.S. Department of Education, John W. McCormack P.O.
and Courthouse, Room 540, Post Office Square, Boston, MA 02109-4557.
Region II: U.S. Department of Education, 75 Park Place, 12th
Floor, New York, NY 10278-0043.
Region III: U.S. Department of Education, 3535 Market Street,
Room 16350, Philadelphia, PA 19104-3398.
Region IV: U.S. Department of Education, 61 Forsyth Street, SW.,
Suite 19T40, Atlanta, GA 30303.
Region V: U.S. Department of Education, 111 N. Canal Street,
Suite 1094, Chicago, IL 60606.
Region VI: U.S. Department of Education, 1200 Main Tower
Building, #2260, Dallas, TX 75202-4309.
Region VII: U.S. Department of Education, 10220 N. Executive
Hills Blvd., 8th Floor, Kansas City, MO 64153-1367.
Region VIII: U.S. Department of Education, Federal Office
Building, 1244 Speer Blvd., Room 300, Denver, CO 80204-3582.
Region IX: U.S. Department of Education, 50 United Nations
Plaza, San Francisco, CA 94102.
Region X: U.S Department of Education, room 3362, Mail Code 10-
9060, 915 2nd Avenue, Seattle, WA 98174-1099.
Metro Region: U.S. Department of Education, Office for Civil
Rights, 1100 Pennsylvania Avenue, NW., Washington, DC 20044.
Additional System Managers
Region I: Deputy Regional Director, U.S. Department of
Education, John W. McCormack PO and Courthouse, Room 540, Post
Office Square, Boston, MA 02105-4557.
Region II: Secretary's Regional Representative, U.S. Department
of Education, 75 Park Place, 12th Floor, New York, NY 10278-0043.
Region III: Assistant to the Secretary's Regional
Representative, U.S. Department of Education, 3535 Market Street,
Room 16350, Philadelphia, PA 19104-3398.
Region IV: Deputy Secretary's Regional Representative, U.S.
Department of Education, 61 Forsyth Street, SW., Suite 19T40,
Atlanta, GA 30303.
Region V: Secretary's Regional Representative , U.S. Department
of Education, 111 N. Canal Street, Suite 1094, Chicago, IL 60606.
Region VI: Administrative Officer, U.S. Department of Education,
1200 Main Tower Building, #2260, Dallas, TX 75202-4309.
Region VII: Secretary's Regional Representative, U.S. Department
of Education, 10220 N. Executive Hills Blvd., 8th Floor, Kansas
City, MO 64153-1367.
Region VIII: Secretary's Regional Representative, U.S.
Department of Education, Federal Office Building, 1244 Speer Blvd.,
room 300, Denver, CO 80204-3582.
Region IX: Secretary's Regional Representative, U.S. Department
of Education, 50 United Nations Plaza, San Francisco, CA 94102.
Region X: Secretary's Regional Representative, U.S. Department
of Education, room 3362, Mail Code 10-9060, 915 2nd Avenue, Seattle,
WA 98174-1099.
Metro Region: Program Specialist, Office for Civil Rights, U.S.
Department of Education, 1100 Pennsylvania Avenue, NW, Washington,
DC 20044.
18-05-03
SYSTEM NAME:
Federal Personnel Payroll System
SECURITY CLASSIFICATION:
None.
SYSTEM LOCATION:
Department of Interior, Bureau of Reclamation, Management
Operations Center, Division of Payroll Operations, 7333 West Jefferson
Ave., Academy Place 1, Denver, CO 80235
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEMS:
This system contains records on all employees of U.S. Department of
Education, the National Commission of Library and Learning and the
National Goals Panel.
CATEGORIES OF RECORDS IN THE SYSTEMS:
This system consists of a variety of records relating to pay and
leave determinations made about each employee of the Department of
Education, the National Commission of Library and Learning and the
National Goals Panel, including the name of the employee, the
employee's date of birth, social security number, home address, grade,
employing organization, timekeeper number, salary, Civil Service
retirement fund contributions, pay plan, number of hours worked, annual
and sick leave accrual rate and usage, annual and sick leave balance,
FICA
[[Page 72390]]
withholdings, Federal, state, and local tax withholdings, Federal
Employees Government Life Insurance withholdings, garnishment
documents, savings allotments, union and management association dues
withholding, savings bonds allotments, and Combined Federal Campaign
allotments.
AUTHORITY FOR MAINTENANCE OF THE SYSTEMS:
5 U.S.C. 5101, et seq; 31 U.S.C. 3512; 20 U.S.C. 3461.
PURPOSE(S):
The records in this system are maintained in order to facilitate
fiscal operations for payroll, attendance, leave, insurance, tax,
retirement and cost accounting programs; and to prepare related reports
to other Federal agencies including the Department of the Treasury and
the Office of Personnel Management.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSE OF SUCH USES:
The Department of Education (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) Disclosure for Use by Other Law Enforcement Agencies. The
Department may disclose information to any Federal, State, local, or
foreign agency or other public authority responsible for enforcing,
investigating, or prosecuting violations of administrative, civil, or
criminal law or regulation if that information is relevant to any
enforcement, regulatory, investigative, or prosecutive responsibility
within the receiving entity's jurisdiction.
(2) 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.
(3) Litigation and Alternative Dispute Resolution (ADR)
Disclosures.
(a) Introduction. In the event that one of the parties listed below
is involved in litigation or ADR, or has an interest in litigation 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 component of the Department; or
(ii) Any Department employee in his or her official capacity; or
(iii) Any Department employee in his or her individual capacity if
the Department of Justice (DOJ) has agreed to provide or arrange for
representation for the employee;
(iv) Any Department employee in his or her individual capacity
where the agency has agreed to represent the employee; or
(v) The United States where 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, the Department may disclose those records as a
routine use to the DOJ.
(c) Administrative Disclosures. If the Department determines that
disclosure of certain records to an adjudicative body before which the
Department is authorized to appear, an individual or entity designated
by the Department or otherwise empowered to resolve or mediate disputes
is relevant and necessary to the administrative litigation, the
Department may disclose those records as a routine use to the
adjudicative body, individual, or entity.
(d) Parties, counsels, representatives and witnesses. If the
Department determines that disclosure of certain records to a party,
counsel, representative or witness in an administrative proceeding is
relevant and necessary to the litigation, the Department may disclose
those records as a routine use to the party, counsel, representative or
witness.
(4) Employment, Benefit, and Contracting Disclosure.
(a) For Decisions by the Department. The Department may disclose a
record to a Federal, State, or local agency maintaining civil,
criminal, or other relevant enforcement or other pertinent records, or
to another public authority or professional organization, if necessary
to obtain information relevant to an a Department decision concerning
the hiring or retention of an employee or other personnel action, the
issuance of a security clearance, the letting of a contract, or the
issuance of a license, grant, or other benefit.
(b) For Decisions by Other Public Agencies and Professional
Organizations. The Department may disclose a record to a Federal,
State, local, or foreign agency or other public authority or
professional organization, in connection with the hiring or retention
of an employee or other personnel action, the issuance of a security
clearance, the reporting of an investigation of an employee, the
letting of a contract, or the issuance of a license, grant, or other
benefit, to the extent that the record is relevant and necessary to the
receiving entity's decision on the matter.
(5) Employee Grievance, Complaint or Conduct Disclosure. The
Department may disclose a record in this system of records to another
agency of the Federal Government if the record is relevant to one of
the following proceedings regarding a present or former employee of the
Department: Complaint, grievance, discipline or competence
determination proceedings. The disclosure may only be made during the
course of the proceeding.
(6) Labor Organization Disclosure. A component of the Department
may disclose records to a labor organization if a contract between the
component and a labor organization recognized under Title V of the
United States Code, Chapter 71, provides that the Department will
disclose personal records relevant to the organization's mission. The
disclosures will be made only as authorized by law.
(7) Freedom of Information Act (FOIA) Advice Disclosure. The
Department may disclose records to the Department of Justice and the
Office of Management and Budget if the Department concludes that
disclosure is desirable or necessary in determining whether particular
records are required to be disclosed under the FOIA.
(8) Disclosure to the Department of Justice (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.
(9) 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 such
a contract, the Department shall require the contractor to maintain
Privacy Act safeguards as
[[Page 72391]]
required under 5 U.S.C. 552a(m) with respect to the records in the
system.
(10) 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.
(11) Congressional Member Disclosure. The Department may disclose
records 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.
(12) Disclosure to the Office of Management and Budget (OMB) for
Credit Reform Act (CRA) Support. The Department may disclose records to
OMB as necessary to fulfill CRA requirements.
(13) Payroll Disclosure. The Department may disclose records to the
Department of the Treasury for preparation of payroll checks, payroll
deductions, U.S. Saving bonds, and other checks to Federal, State, and
local government agencies, non-governmental organizations and
individuals.
(14) Tax Disclosure. The Department may disclose records to the
Internal Revenue Service and to state and local government agencies
having taxing authority in order to prepare W-2 Forms.
(15) Personnel Management Disclosure. The Department may disclose
records to the Office of Personnel Management, Merit Systems Protection
Board, Equal Employment Opportunity Commission, and the Federal Labor
Relations Authority (including the General Counsel of the Authority and
Federal Service Impasses Panel) to carry out their functions.
(16) Workers' Compensation Disclosure. The Department may disclose
records to the Department of Labor to make a compensation determination
in connection with a claim filed by an employee for compensation on
account of a job-connected injury or disease.
(17) Wage Garnishment Disclosure. The Department may disclose
records to the IRS in order to respond to orders from IRS for
garnishment of an employee's pay for Federal income tax purposes.
(18) Unemployment Compensation Disclosure. The Department may
disclose records to state offices of unemployment compensation in
connection with claims filed by former Department employees for
unemployment compensation.
(19) Association Dues Disclosure. The Department may disclose
records to financial organizations designated to receive labor
organization or management association dues withheld from an employee's
pay, in order to account for the amounts of the withheld dues which
they receive.
DISCLOSURE TO CONSUMER REPORTING AGENCIES:
Disclosures pursuant to 5 U.S.C. 552a(b)(12): The Department may
disclose to a consumer reporting agency information regarding a claim
by the Department which is determined to be valid and overdue as
follows: (1) The name, address, taxpayer identification number and
other information necessary to establish the identity of the individual
responsible for the claim; (2) the amount, status, and history of the
claim; and (3) the program under which the claim arose. The Department
may disclose the information specified in this paragraph under 5 U.S.C.
552a(b)(12) and the procedures contained in subsection 31 U.S.C.
3711(e). A consumer reporting agency to which these disclosures may be
made is defined at 31 U.S.C. 3701(a)(3).
POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING,
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
Records are maintained on electronic media and in hard copy.
RETRIEVABILITY:
Records are retrieved by the employee's name and Social Security
number.
SAFEGUARDS:
Access to and use of these records are limited to personnel whose
official duties require such access. Personnel screening is employed to
prevent unauthorized disclosure. All physical access to the
Department's sites, and the sites of Department contractors where this
system of records is maintained, is controlled and monitored by
security personnel who check each individual entering the building for
an employee or visitor badge.
The computer system employed by the Department offers a high degree
of resistance to tampering and circumvention. This security system
limits data access to Department and contract staff on a ``need to
know'' basis, and controls individual users' ability to access and
alter records within the system. All users of this system of records
are given a unique user ID with user defined password. All interactions
by individual users with the system are recorded.
RETENTION AND DISPOSAL:
Records submitted by the individual, such as allotment
authorization forms, home address forms, and tax withholding forms are
retained until superseded by new updated transactions whether
electronically or paper, or until the individual leaves the Department.
Some of these records must be retained for an additional period, or
forwarded to the new employing agency. Records are retired to the
Federal Personnel Records Center and subsequently disposed of in
accordance with the General Records Schedules issued by the National
Archives and Records Administration.
SYSTEM MANAGER(S) AND ADDRESS:
Director, Human Resources Systems, Human Resources Group, Office of
Management, Department of Education, 400 Maryland Ave., SW, Room 2E108,
Washington, DC 20202.
NOTIFICATION PROCEDURES:
If you wish to determine whether a record exists regarding you in
the system of records, contact the executive officer in your office.
Your request must meet the requirements of the Department's Privacy Act
regulations at 34 CFR 5b.5, including proof of identity.
RECORD ACCESS PROCEDURES:
If you wish to gain access to a record regarding you in the system
of records, contact the executive officer in your office. Your request
must meet the requirements of the Department's Privacy Act regulations
at 34 CFR 5b.5, including proof of identity.
CONTESTING RECORD PROCEDURES:
If you wish to contest the content of a record regarding you in the
system of records, contact the executive officer in your office. Your
request must meet the requirements of the Department's Privacy Act
regulations at 34 CFR 5b.7.
RECORDS SOURCE CATEGORIES:
Information in this system of records is obtained from individual
employees, timekeepers and supervisors.
SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS OF THE ACT:
None.
[[Page 72392]]
18-06-03
SYSTEM NAME:
Presidential Scholars Program--Files of Selected Participants.
SECURITY CLASSIFICATION:
None.
SYSTEM LOCATIONS:
U.S. Department of Education, Office of Intergovernmental and
Interagency Affairs, Regional Services, Community Services, 400
Maryland Avenue, SW., Washington, DC 20202-3500.
American College Testing, Inc., Recognition Program Services, 2255
North Dubuque Road, Tyler Building, Iowa City, Iowa 52243-4030.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Individuals covered by the system are participants in the
Presidential Scholars Program.
CATEGORIES OF RECORDS IN THE SYSTEM:
Information contained in the system includes the name, Social
Security number, address, and other biographical information provided
by the student, such as SAT/ACT scores, school transcripts, and essays.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
Executive Order No. 11,555, 29 FR 6,909, 3 CFR 198 (1964).
PURPOSE(S):
The Presidential Scholars files are kept for purposes of the annual
selection of scholars and for historical archive purposes.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSE OF SUCH USES:
The Department of Education (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) Disclosure for Use by Other Law Enforcement Agencies. The
Department may disclose information to any Federal, State, local, or
foreign agency or other public authority responsible for enforcing,
investigating, or prosecuting violations of administrative, civil, or
criminal law or regulation if that information is relevant to any
enforcement, regulatory, investigative, or prosecutive responsibility
within the receiving entity's jurisdiction.
(2) 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.
(3) Litigation and Alternative Dispute Resolution (ADR)
Disclosures.
(a) Introduction. In the event that one of the parties listed below
is involved in litigation or ADR, or has an interest in litigation 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 component of the Department; or
(ii) Any Department employee in his or her official capacity; or
(iii) Any Department employee in his or her individual capacity if
the Department of Justice (DOJ) has agreed to provide or arrange for
representation for the employee;
(iv) Any Department employee in his or her individual capacity
where the agency has agreed to represent the employee; or
(v) The United States where 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, the Department may disclose those records as a
routine use to the DOJ.
(c) Administrative Disclosures. If the Department determines that
disclosure of certain records to an adjudicative body before which the
Department is authorized to appear, an individual or entity designated
by the Department or otherwise empowered to resolve or mediate disputes
is relevant and necessary to the administrative litigation, the
Department may disclose those records as a routine use to the
adjudicative body, individual, or entity.
(d) Parties, counsels, representatives and witnesses. If the
Department determines that disclosure of certain records to a party,
counsel, representative or witness in an administrative proceeding is
relevant and necessary to the litigation, the Department may disclose
those records as a routine use to the party, counsel, representative or
witness.
(4) Employment, Benefit, and Contracting Disclosure.
(a) For Decisions by the Department. The Department may disclose a
record to a Federal, State, or local agency maintaining civil,
criminal, or other relevant enforcement or other pertinent records, or
to another public authority or professional organization, if necessary
to obtain information relevant to a Department decision concerning the
hiring or retention of an employee or other personnel action, the
issuance of a security clearance, the letting of a contract, or the
issuance of a license, grant, or other benefit.
(b) For Decisions by Other Public Agencies and Professional
Organizations. The Department may disclose a record to a Federal,
State, local, or foreign agency or other public authority or
professional organization, in connection with the hiring or retention
of an employee or other personnel action, the issuance of a security
clearance, the reporting of an investigation of an employee, the
letting of a contract, or the issuance of a license, grant, or other
benefit, to the extent that the record is relevant and necessary to the
receiving entity's decision on the matter.
(5) Employee Grievance, Complaint or Conduct Disclosure. The
Department may disclose a record in this system of records to another
agency of the Federal Government if the record is relevant to one of
the following proceedings regarding a present or former employee of the
Department: complaint, grievance, discipline or competence
determination proceedings. The disclosure may only be made during the
course of the proceeding.
(6) Freedom of Information Act (FOIA) Advice Disclosure. The
Department may disclose records to the Department of Justice and the
Office of Management and Budget if the Department concludes that
disclosure is desirable or necessary in determining whether particular
records are required to be disclosed under the FOIA.
(7) Disclosure to the Department of Justice (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.
(8) 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
[[Page 72393]]
contractor, the Department may disclose the records to those employees.
Before entering into such 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.
(9) Congressional Member Disclosure. The Department may disclose
records 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.
(10) Media Purposes. The Department may disclose records from this
system of records in order to promote the program and recognition of
local students. Partial file disclosures will be made on a case-by-case
basis to state and local governments, officials, and institutions;
congressional offices; and program sponsors and affiliates.
DISCLOSURE TO CONSUMER REPORTING AGENCIES:
Disclosures pursuant to 5 U.S.C. 552a(b)(12): The Department may
disclose to a consumer reporting agency information regarding a claim
by the Department which is determined to be valid and overdue as
follows: (1) The name, address, taxpayer identification number and
other information necessary to establish the identity of the individual
responsible for the claim; (2) the amount, status, and history of the
claim; and (3) the program under which the claim arose. The Department
may disclose the information specified in this paragraph under 5 U.S.C.
552a(b)(12) and the procedures contained in subsection 31 U.S.C.
3711(e). A consumer reporting agency to which these disclosures may be
made is defined at 31 U.S.C. 3701(a)(3).
POLICIES AND PRACTICES FOR STORING AND RETRIEVING, ACCESSING,
RETAINING, AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
Records in this system are maintained in hard copy in paper files
in metal file cabinets and in data files on computers.
RETRIEVEABILITY:
The data is retrieved by name, Social Security number, state, high
school, and year of selection.
SAFEGUARDS:
All physical access to the Department site, and the sites of
Department contractors where this system of records is maintained, is
controlled and monitored by security personnel who check each
individual entering the building for his or her employee or visitor
badge.
The computer systems employed by the Department and contractors
offer a high degree of resistance to tampering and circumvention. These
security systems limit data access to Department and contract personnel
on a ``need to know'' basis, and controls individual users' ability to
access and alter records within the system. All users of these systems
are given a unique user ID and interactions by individual users with
the system are recorded.
RETENTION AND DISPOSAL:
Records are maintained for four years and are then destroyed.
SYSTEM MANAGER(S) AND ADDRESS:
Director, Presidential Scholars Program, Office of
Intergovernmental and Interagency Affairs, U. S. Department of
Education, 400 Maryland Avenue, SW., Room 5E223, Washington, DC 20202-
3500.
NOTIFICATION PROCEDURE:
If you wish to determine whether a record exists regarding you in
this system of records, you should provide the system manager your
name, Social Security number, and year of high school graduation. Your
requests for notification must meet the requirements in the
Department's Privacy Act regulations at 34 CFR 5b.5, including proof of
identity.
RECORD ACCESS PROCEDURES:
If you wish to gain access to a record in this system, you should
contact the system manager and provide information described in the
notification procedure. Your requests for access to a record must meet
the requirements in the Department's Privacy Act regulations at 34 CFR
5b.5, including proof of identity.
CONTESTING RECORD PROCEDURES:
If you wish to change the content of a record in the system of
records, you should contact the system manager with the information
described in the notification procedure, identify the specific item(s)
to be changed, and provide a written request for the change. Your
request to amend a record must meet the requirements of the
Department's Privacy Act regulations at 34 CFR 5b.7, including proof of
identity.
RECORD SOURCE CATEGORIES:
Information in this system of records is obtained from the
individuals' applications, testing records of the American College
Testing, Inc., and the Educational Testing Service and questionnaires
completed by school officials at the request of the individual.
EXEMPTIONS CLAIMED FOR THE SYSTEM:
None.
18-06-04
SYSTEM NAME:
Satellite Event Participant Registration System.
SECURITY CLASSIFICATION:
None.
SYSTEM LOCATION:
Information Resource Center, Intergovernmental and Interagency
Affairs, U.S. Department of Education, Room 5E233, FOB-6, 400 Maryland
Avenue, SW., Washington, DC 20202-0498.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
This system contains records on individuals and contact persons
from organizations that register for participation in selected events
hosted by the U.S. Department of Education (such as the monthly
Satellite Town Meeting) as well as individuals who have requested
regular information on such events.
CATEGORIES OF RECORDS IN THE SYSTEM:
This system consists of a variety of records including the name of
the individual, his or her e-mail address, telephone number, fax
number, mailing address, the name of organization with whom the
individual is affiliated, name of the technical satellite contact, the
name of the event, the event location and broadcast information.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
20 U.S.C. Sec. 1231a.
PURPOSE(S):
The information contained in this system is used to serve those
individuals and organizations participating in Department of Education
events and satellite broadcast events as well as to provide selected
information to the public about such events.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSE OF SUCH USES:
The Department of Education (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
[[Page 72394]]
made on a case-by-case basis or, if the Department has complied with
the computer matching requirements of the Act, under a computer
matching agreement.
(1) Press Disclosure. The Department may disclose information from
this system to potential viewers of the event or to the press in order
to provide a list of event participants. Such disclosures are made only
at the request of the event participants whose information is
disclosed.
(2) Event Planning Disclosure. The Department may disclose
information from this system to government and non-government entities
involved with hosting or producing the event in order to assist in the
planning of the event.
(3) Disclosure for Use by Other Law Enforcement Agencies. The
Department may disclose information to any Federal, State, local, or
foreign agency or other public authority responsible for enforcing,
investigating, or prosecuting violations of administrative, civil, or
criminal law or regulation if that information is relevant to any
enforcement, regulatory, investigative, or prosecutive responsibility
within the receiving entity's jurisdiction.
(4) 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.
(5) Litigation and Alternative Dispute Resolution (ADR)
Disclosures.
(a) Introduction. In the event that one of the parties listed below
is involved in litigation or ADR, or has an interest in litigation 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 component of the Department; or
(ii) Any Department employee in his or her official capacity; or
(iii) Any Department employee in his or her individual capacity if
the Department of Justice (DOJ) has agreed to provide or arrange for
representation for the employee;
(iv) Any Department employee in his or her individual capacity
where the agency has agreed to represent the employee; or
(v) The United States where 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, the Department may disclose those records as a
routine use to the DOJ.
(c) Administrative Disclosures. If the Department determines that
disclosure of certain records to an adjudicative body before which the
Department is authorized to appear, an individual or entity designated
by the Department or otherwise empowered to resolve or mediate disputes
is relevant and necessary to the administrative litigation, the
Department may disclose those records as a routine use to the
adjudicative body, individual, or entity.
(d) Parties, counsels, representatives and witnesses. If the
Department determines that disclosure of certain records to a party,
counsel, representative or witness in an administrative proceeding is
relevant and necessary to the litigation, the Department may disclose
those records as a routine use to the party, counsel, representative or
witness.
(6) Employment, Benefit, and Contracting Disclosure.
(a) For Decisions by the Department. The Department may disclose a
record to a Federal, State, or local agency maintaining civil,
criminal, or other relevant enforcement or other pertinent records, or
to another public authority or professional organization, if necessary
to obtain information relevant to a Department decision concerning the
hiring or retention of an employee or other personnel action, the
issuance of a security clearance, the letting of a contract, or the
issuance of a license, grant, or other benefit.
(b) For Decisions by Other Public Agencies and Professional
Organizations. The Department may disclose a record to a Federal,
State, local, or foreign agency or other public authority or
professional organization, in connection with the hiring or retention
of an employee or other personnel action, the issuance of a security
clearance, the reporting of an investigation of an employee, the
letting of a contract, or the issuance of a license, grant, or other
benefit, to the extent that the record is relevant and necessary to the
receiving entity's decision on the matter.
(7) Employee Grievance, Complaint or Conduct Disclosure. The
Department may disclose a record in this system of records to another
agency of the Federal Government if the record is relevant to one of
the following proceedings regarding a present or former employee of the
Department: complaint, grievance, discipline or competence
determination proceedings. The disclosure may only be made during the
course of the proceeding.
(8) 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 such
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.
(9) 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.
(10) Congressional Member Disclosure. The Department may disclose
records 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.
(11) Freedom of Information Act (FOIA) Advice Disclosure. The
Department may disclose records to the Department of Justice and the
Office of Management and Budget if the Department concludes that
disclosure is desirable or necessary in determining whether particular
records are required to be disclosed under the FOIA.
DISCLOSURE TO CONSUMER REPORTING AGENCIES:
Not applicable.
POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING,
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
The records are maintained in electronic form on hard drives and
[[Page 72395]]
when appropriate, in hard copy for a short time.
RETRIEVABILITY:
Records are retrievable by all fields in the database.
SAFEGUARDS:
All physical access to the Department site, and the sites of
Department contractors where this system of records is maintained, is
controlled and monitored by security personnel who check each
individual entering the building for his or her employee or visitor
badge.
The computer systems employed by the Department and contractors
offer a high degree of resistance to tampering and circumvention. These
security systems limit data access to Department and contract personnel
on a ``need to know'' basis, and controls individual users' ability to
access and alter records within the system. All users of these systems
are given a unique user ID and interactions by individual users with
the system are recorded.
RETENTION AND DISPOSAL:
Records are destroyed after the appropriate revisions are made or
after three months, whichever is sooner.
SYSTEM MANAGER(S) AND ADDRESS:
System Administrator, Information Resource Center,
Intergovernmental and Interagency Affairs, U.S. Department of
Education, Room 5E233, FOB-6, 400 Maryland Avenue, SW, Washington, DC
20202-0498.
NOTIFICATION PROCEDURE:
If you wish to determine whether a record exists regarding you in
this system of records, you should provide the system manager your
name, Social Security number, and year of high school graduation. Your
requests for notification must meet the requirements in the
Department's Privacy Act regulations at 34 CFR 5b.5, including proof of
identity.
RECORD ACCESS PROCEDURES:
If you wish to gain access to a record in this system, you should
contact the system manager and provide information described in the
notification procedure. Your requests for access to a record must meet
the requirements in the Department's Privacy Act regulations at 34 CFR
5b.5, including proof of identity.
CONTESTING RECORD PROCEDURES:
If you wish to change the content of a record in the system of
records, you should contact the system manager with the information
described in the notification procedure, identify the specific item(s)
to be changed, and provide a written request for the change. Your
request to amend a record must meet the requirements of the
Department's Privacy Act regulations at 34 CFR 5b.7, including proof of
identity.
RECORD SOURCE CATEGORIES:
Information contained in the system are obtained from the event
participants as well as those individuals who have requested
information about the events.
SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS OF THE ACT:
None.
18-11-06
SYSTEM NAME:
National Student Loan Data System (NSLDS).
SECURITY CLASSIFICATION:
None.
SYSTEM LOCATION:
Computer Sciences Corporation, 71 Deerfield Lane, Meriden, CT
06450-7151.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
The NSLDS contains records on borrowers who have applied for and
received loans under the William D. Ford Federal Direct Loan Program,
the Federal Family Education Loan (FFEL) Program, the Federal Insured
Student Loan (FISL) Program, and the Federal Perkins Loan Program
(including National Defense Student Loans, National Direct Student
Loans, Perkins Expanded Lending and Income Contingent Loans). The NSLDS
also contains records on recipients of Federal Pell Grants and persons
who owe an overpayment on a Federal Pell Grant, Federal Supplemental
Educational Opportunity Grant or Federal Perkins Loans.
CATEGORIES OF RECORDS IN THE SYSTEM:
The NSLDS contains records regarding: (1) Student/borrower
identifier information including Social Security number, date of birth
and name; (2) the information on borrowers' loans covering the entire
life cycle of a loan from origination through final payment,
cancellation, discharge or other final disposition including details
regarding each loan received by a student such as information on loan
amounts, educational status, disbursements, balances, loan status,
collections, claims, deferments, refunds and cancellations; (3)
enrollment information including school(s) attended, anticipated
completion date, enrollment status and effective dates; (4) student
demographic information such as course of study, dependency,
citizenship, gender, data on family income, expected family
contribution, and address; (5) Federal Pell Grant amounts and dates;
and (6) Federal Pell Grant, Federal Supplemental Educational
Opportunity Grant, and Federal Perkins Loan Program overpayments.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
20 U.S.C. 1092b (1993).
PURPOSE(S):
This system of records is used for the following purposes: (1) To
provide pre-screening and post-screening for Title IV aid eligibility;
(2) to provide default rate calculations for educational institutions,
guaranty agencies, and lenders; (3) to report changes in student/
borrower enrollment status via a Student Status Confirmation Report
(SSCR) or other means; (4) to prepare electronic financial aid history
information; (5) to assist guaranty agencies, educational institutions,
financial institutions and servicers collect loans; (6) to provide
audit and program review planning; (7) to support research studies and
policy development; (8) to conduct budget analysis and development; (9)
to track loan transfers from one entity to another; (10) to assess
Title IV Program administration of guaranty agencies, educational
institutions, financial institutions and servicers; (11) to track loan
borrowers and overpayment debtors; (12) to provide information that
supports Credit Reform Act of 1992 requirements; (13) to provide
information to track refunds/cancellations; and (14) to assist in the
collection of debts owed to the Department under Title IV of the Higher
Education Act, as amended.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSES OF SUCH USERS:
The Department of Education (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) Program Purposes. The Department may disclose records for the
following program purposes:
[[Page 72396]]
(a) To verify the identity of the applicant involved, the accuracy
of the record, or to assist with the determination of program
eligibility and benefits, the Department may disclose records to the
applicant, guaranty agencies, educational institutions, financial
institutions and servicers, and to Federal and State agencies;
(b) To provide default rate calculations, the Department may
disclose records to guaranty agencies, educational institutions,
financial institutions and servicers, and to State agencies;
(c) To provide a standardized method for educational institutions
to efficiently submit student enrollment status information, the
Department may disclose records to guaranty agencies, educational
institutions, financial institutions and servicers;
(d) To provide financial aid history information, the Department
may disclose records to educational institutions and servicers;
(e) To assist loan holders in the collection of loans and to
support pre-claims/supplemental pre-claims assistance, the Department
may disclose records to guaranty agencies, educational institutions,
financial institutions and servicers, and to Federal, State or Local
agencies;
(f) To support auditors and program reviewers in planning and
carrying out their assessments of Title IV Program compliance, the
Department may disclose records to guaranty agencies, educational
institutions, financial institutions and servicers, and to Federal,
State and Local agencies;
(g) To support researchers and policy analysts, the Department may
disclose records to guaranty agencies, educational institutions,
financial institutions and servicers, and to Federal, State and Local
agencies; using safeguards to ensure compliance with the Privacy Act,
disclosures may also be made to other researchers and policy analysts
not associated with guaranty agencies, educational institutions,
financial institutions or servicers;
(h) To support budget analysts in the development of budget needs
and forecasts, the Department may disclose records to Federal and State
agencies;
(i) To assist in locating holders of loan(s), the Department may
disclose records to students/borrowers, guaranty agencies, educational
institutions, financial institutions and servicers, and to Federal,
State or Local agencies;
(j) To assist analysts in assessing Title IV Program administration
of guaranty agencies, educational institutions, financial institutions
and servicers, the Department may disclose records to Federal and State
agencies;
(k) To assist loan holders in locating borrowers and overpayment
holders in locating debtors, the Department may disclose records to
guaranty agencies, educational institutions, financial institutions and
servicers, and to Federal agencies;
(l) To assist with meeting Credit Reform Act of 1992 requirements,
the Department may disclose records to Federal agencies;
(m) To assist program administrators with tracking refunds and
cancellations, the Department may disclose records to guaranty
agencies, educational institutions, financial institutions and
servicers, and to Federal and State agencies;
(n) To enforce the terms of a loan, assist in the collection of a
loan and assist in the collection of an aid overpayment, the Department
may disclose records to guaranty agencies, educational institutions,
financial institutions and servicers, and to Federal, State, or Local
agencies.
(2) Litigation and Alternative Dispute Resolution (ADR)
Disclosures.
(a) Introduction. In the event that one of the parties listed below
is involved in litigation, or has an interest in litigation, 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 component of the Department; or
(ii) Any Department employee in his or her official capacity; or
(iii) Any employee of the Department in his or her individual
capacity where the Department of Justice has agreed to provide or
arrange for representation for the employee; or
(iv) Any employee of the Department in his or her individual
capacity where the agency has agreed to represent the employee; or
(v) The United States where the Department determines that the
litigation is likely to affect the Department or any of its components.
(b) Disclosure to the Department of Justice. If the Department
determines that disclosure of certain records to the Department of
Justice or attorneys engaged by the Department of Justice is relevant
and necessary to litigation and is compatible with the purpose for
which the records were collected, the Department may disclose those
records as a routine use to the Department of Justice.
(c) Administrative Disclosures. If the Department determines that
disclosure of certain records to an adjudicative body before which the
Department is authorized to appear, individual or entity designated by
the Department or otherwise empowered to resolve disputes is relevant
and necessary to the administrative litigation and is compatible with
the purpose for which the records were collected, the Department may
disclose those records as a routine use to the adjudicative body,
individual or entity.
(d) Parties, counsels, representatives and witnesses. If the
Department determines that disclosure of certain records to an opposing
counsel, representative or witness in an administrative proceeding is
relevant and necessary to the litigation, the Department may disclose
those records as a routine use to the party, counsel, representative or
witness.
(3) 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 relevant
records in the system of records may be referred, as a routine use, to
the appropriate agency, whether foreign, Federal, State, Tribal, or
local, charged with the responsibility of investigating or prosecuting
such violation or charged with enforcing or implementing the statute,
or executive order or rule, regulation, or order issued pursuant
thereto.
(4) Contract Disclosure. If the Department contracts with an entity
for the purpose of performing any function that requires disclosure of
records in this system to employees of the contractor, the Department
may disclose the records as a routine use to those employees. Before
entering into such 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.
(5) Disclosure to the Office of Management and Budget (OMB) for
Credit Reform Act (CRA) Support. The Department may disclose
individually identifiable information to OMB as necessary to fulfill
CRA requirements. (These requirements currently include transfer of
data on lender interest benefits and special allowance payments,
defaulted loan balances, and supplemental pre-claims assistance
payments information.).
(6) Employee Grievance, Complaint or Conduct Disclosure. If a
record is relevant and necessary to an employee grievance, complaint,
or disciplinary action, the Department may disclose the record in the
course of investigation,
[[Page 72397]]
fact-finding, or adjudication to any witness, designated fact-finder,
mediator, or other person designated to resolve issues or decide the
matter.
(7) Labor Organization Disclosure. Where a contract between a
component of the Department and a labor organization recognized under 5
U.S.C., Chapter 71, provides that the Department will disclose personal
records relevant and necessary to the organization's mission, records
in this system of records may be disclosed as a routine use to such an
organization.
(8) Freedom of Information Act (FOIA) Advice Disclosure. In the
event that the Department deems it desirable or necessary in
determining whether particular records are required to be disclosed
under the Freedom of Information Act, disclosure may be made to the
Department of Justice for the purpose of obtaining its advice.
(9) Disclosure to the Department of Justice. The Department may
disclose information from this system of records as a routine use to
the Department of Justice to the extent necessary for obtaining its
advice on any matter relevant to an audit, inspection, or other inquiry
related to the Department's responsibilities under Title IV of the
Higher Education Act of 1965.
(10) Congressional Member Disclosure. The Department may disclose
information from this system of records to a congressional office from
the record of an individual in response to an inquiry from the
congressional office 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.
DISCLOSURE TO CONSUMER REPORTING AGENCIES:
Disclosure pursuant to 5 U.S.C. 552a(b)(12): The Department may
disclose to a consumer-reporting agency information regarding a claim
which is determined to be valid and overdue as follows: (1) The name,
taxpayer identification number and other information necessary to
establish the identity of the individual responsible for the claim; (2)
the amount, status, and history of the claim; and (3) the program under
which the claim arose. The Department may disclose the information
specified in this paragraph under 5 U.S.C. 552a(b)(12) and the
procedures contained in 31 U.S.C. 3711(f). A consumer reporting agency
to which these the Department may disclose records is defined at 15
U.S.C. 1681a(f), and 31 U.S.C. 3701 (a)(3).
POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING,
AND DISCLOSING OF RECORDS IN THE SYSTEM:
STORAGE:
The records are maintained on magnetic tape and computer disk
media.
RETRIEVABILITY:
Student/Borrower data are retrieved by matching Social Security
number and, as needed to reliably identify an individual, name and date
of birth.
SAFEGUARDS:
All physical access to the sites of the contractor where this
system of records is maintained, is controlled and monitored by
security personnel who check each individual entering the building for
his or her employee or visitor badge.
The computer system employed by the Department offers a high degree
of resistance to tampering and circumvention by use of software that
requires user access to be defined to specific online functions. This
security system limits data access to users on a ``need to know'' basis
and controls individual users' ability to access and alter records
within the system. All users of this system are given a unique user ID
with a personal identifier. Most data is loaded into NSLDS via a batch
process. The security utilized ensures that only data from authorized
data providers can add or update records in NSLDS.
RETENTION AND DISPOSAL:
Records of individual closed loans and aid overpayments will be
transferred to tape/disk for retention and storage at the system
location. All records are retained permanently due to research needs,
budget projections, and legislative analysis.
SYSTEM MANAGER AND ADDRESS:
Director, Program Systems Service, U.S. Department of Education,
Office of Student Financial Assistance, 400 Maryland Ave., SW, ROB-3,
room 4640, Washington, DC 20202.
NOTIFICATION PROCEDURE:
If you wish to determine whether a record exists regarding you in
this system of records, you must provide the system manager your name,
date of birth, Social Security number, and the name of the school or
lender from which the loan or grant was obtained. Requests for
notification must meet the requirements of the Department's Privacy Act
regulations at 34 CFR 5b.5.
RECORD ACCESS PROCEDURES:
If you wish to gain access to a record in this system, you must
contact the system manager and provide information as described in the
notification procedures. Such requests must meet the requirements of
the Department's Privacy Act regulations at 34 CFR 5b.5.
CONTESTING RECORD PROCEDURES:
If you wish to change the content of a record in the system of
records, you must contact the system manager with the information
described in the notification procedures, identify the specific item(s)
to be changed, and provide a written justification for the change,
including any supporting documentation. Requests to amend a record must
meet the requirements of the Department's Privacy Act regulations at 34
CFR 5b.7.
RECORD SOURCE CATEGORIES:
Information is obtained from guaranty agencies, educational
institutions, financial institutions and servicers. Information is also
obtained from other Department systems such as the Direct Loan
Servicing System, Debt Management Collection System, Pell Grant System,
Postsecondary Education Participant System and Central Processing
System.
SYSTEM EXEMPTED FROM CERTAIN PROVISIONS OF THE ACT:
None.
18-11-10
SYSTEM NAME:
Title IV Wide Area Network (Title IV WAN).
SECURITY CLASSIFICATION:
None.
SYSTEM LOCATION:
National Computer Systems (NCS), 2510 N. Dodge St, Iowa City, IA
52245.
General Electric Information Services (GEIS), 1001 Windward
Concourse, Alpharetta, GA 30005-4154.
Virtual Data Center (VDC), c/o Computer Science Corporation 71
Deerfield Lane, Medriden, CT 06450-7151.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
This system contains records on those individuals who are eligible
to enroll in Title IV WAN, which include financial aid administrators,
authorized individuals of postsecondary institutions, authorized
individuals of third-party servicers, authorized individuals of
software providers, authorized individuals of lenders, authorized
individuals of guaranty agencies, and authorized individuals of state
scholarship programs.
[[Page 72398]]
CATEGORIES OF RECORDS IN THE SYSTEM:
This system consists of demographic contact information that the
Title IV WAN customers provide to request electronic access to Title IV
Student Aid Systems. Demographic information includes customer name,
customer address, authentication information (mother's maiden name,
Social Security number, and date of birth), and billing and
distribution information.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
20 U.S.C. 1082, 1085, 1094, 1099C (1993).
PURPOSE(S):
The Title IV WAN is used for the following purposes:
(1) To providing telecommunications support for the delivery and
administration of the Title IV student aid programs;
(2) For billing non-Direct Loan users for customer service calls
and year-to-date ISIRs data requests;
(3) To handle the processing of the Title IV WAN Enrollment
Documents and managing the assignment of Title IV WAN ID numbers;
(4) To provide Title IV WAN users with the capability to query CPS,
NSLDS and Title IV WAN systems; and
(5) To coordinate and hosting various conferences and workshops to
educate and promote the electronic initiatives sponsored by the Office
of Student Financial Assistance (OSFA).
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSE OF SUCH USES:
The Department of Education (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) Disclosure for Use by Other Law Enforcement Agencies. The
Department may disclose information to any Federal, State, local, or
foreign agency or other public authority responsible for enforcing,
investigating, or prosecuting violations of administrative, civil, or
criminal law or regulation if that information is relevant to any
enforcement, regulatory, investigative, or prosecutive responsibility
within the receiving entity's jurisdiction.
(2) 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.
(3) Litigation and Alternative Dispute Resolution (ADR)
Disclosures.
(a) Introduction. In the event that one of the parties listed below
is involved in litigation or ADR, or has an interest in litigation 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 component of the Department; or
(ii) Any Department employee in his or her official capacity; or
(iii) Any Department employee in his or her individual capacity if
the Department of Justice (DOJ) has agreed to provide or arrange for
representation for the employee;
(iv) Any Department employee in his or her individual capacity
where the agency has agreed to represent the employee; or
(v) The United States where 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, the Department may disclose those records as a
routine use to the DOJ.
(c) Administrative Disclosures. If the Department determines that
disclosure of certain records to an adjudicative body before which the
Department is authorized to appear, an individual or entity designated
by the Department or otherwise empowered to resolve or mediate disputes
is relevant and necessary to the administrative litigation, the
Department may disclose those records as a routine use to the
adjudicative body, individual, or entity.
(d) Parties, counsels, representatives and witnesses. If the
Department determines that disclosure of certain records to a party,
counsel, representative or witness in an administrative proceeding is
relevant and necessary to the litigation, the Department may disclose
those records as a routine use to the party, counsel, representative or
witness.
(4) Freedom of Information Act (FOIA) Advice Disclosure. The
Department may disclose records to the Department of Justice and the
Office of Management and Budget if the Department concludes that
disclosure is desirable or necessary in determining whether particular
records are required to be disclosed under the FOIA.
DISCLOSURE TO CONSUMER REPORTING AGENCIES:
Disclosure pursuant to 5 U.S.C. 552a(b)(12): The Department may
disclose to a consumer reporting agency information regarding a claim,
which is determined to be valid and overdue as follows: (1) The name,
address, and other information necessary to establish the identity of
the individual responsible for the claim; and (2) the program under
which the claim arose. The Department may disclose the information
specified in this paragraph under 5 U.S.C. 552a(b)(12) and the
procedures and the procedures contained in subsection 31 U.S.C. 3711
(f). A consumer-reporting agency to which these disclosures may be made
is defined at 31 U.S.C. 3701 (a)(3).
POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING,
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
Records are maintained on a computer database as well as in hard
copy.
RETRIEVABILITY:
The records are retrieved by customer name and/or TIV WAN User ID.
SAFEGUARDS:
All physical access to the Department site, and the sites of
Department contractors where this system of records is maintained, is
controlled and monitored by security personnel who check each
individual entering the building for his or her employee or visitor
badge.
The computer system employed by the Department offers a high degree
of resistance to tampering and circumvention. This security system
limits data access to Department and contract staff on a ``need to
know'' basis, and controls individual users'' ability to access and
alter records within the system. All users of this system of records
are given a unique user ID with personal identifiers. All interactions
by individual users with the system are recorded.
RETENTION AND DISPOSAL:
Title IV WAN enrollment documents will be retained for the 6 years
and three
[[Page 72399]]
months after the final payment of the contract that expires in
September 2001.
SYSTEM MANAGER(s) AND ADDRESS:
Director, Program Systems Service, U.S. Department of Education,
Office of Student Financial Assistance, 400 Maryland Avenue, SW, ROB-3,
room 4640, Washington, DC 20202.
NOTIFICATION PROCEDURE:
If you wish to determine whether a record exists regarding you in
the system of records, contact the system manager. Your request must
meet the requirements of the Department's Privacy Act regulations at 34
CFR 5b.5, including proof of identity.
RECORD ACCESS PROCEDURES:
If you wish to gain access to a record regarding you in the system
of records, contact the system manager. Your request must meet the
requirements of the Department's Privacy Act regulations at 34 CFR
5b.5, including proof of identity.
CONTESTING RECORD PROCEDURES:
If you wish to contest the content of a record regarding you in the
system of records, contact the system manager. Your request must meet
the requirements of the Department's Privacy Act regulations at 34 CFR
5b.7.
RECORD SOURCE CATEGORIES:
Information in this system is obtained from the following entities:
Financial Aid Administrators, Postsecondary Institutions, Third-Party
Servicers, Software Providers, Lenders, Guaranty Agencies, and State
Scholarship Programs.
SYSTEM EXEMPTED FROM CERTAIN PROVISION OF THE ACT:
None.
18-11-11
SYSTEM NAME:
Office of the Student Loan Ombudsman Records.
SECURITY CLASSIFICATION:
None.
SYSTEM LOCATION:
Office of the Student Loan Ombudsman, Student Financial Assistance,
400 Maryland Avenue, SW., ROB-3, Room 3717, Washington, DC 20202.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
This system contains records on individuals who are, were, or may
be participants in any of the Title IV Student Financial Assistance
Programs and who request assistance from the Ombudsman.
CATEGORIES OF RECORDS IN THE SYSTEM:
This system consists of a variety of records that identify the
individuals' complaints, requests for assistance, or other inquiries.
Records include, but are not limited to: Written documentation of the
individual's complaint; request for assistance or other inquiry; and
information pertaining to the student's or parent's Title IV student
financial assistance program account(s), such as the person's name,
Social Security number, date of birth, address, telephone number(s),
and personal identification number. Additionally, records will include
the name, address, and phone numbers of school(s), lender(s), secondary
holder(s) or lender(s), guaranty agency(ies), and servicer(s)
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
20 U.S.C. 1018(f) (1998).
PURPOSE(S):
The information contained in this system will be used for a number
of purposes related to the duties and responsibilities of the SFA
Ombudsman, including: Verifying the identities of individuals;
recording complaints and problems; tracking individual cases through
final resolution; reporting complaint trends; analyzing the data to
recommend improvements in student financial assistance programs; and
assisting in the informal resolution of disputes.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSES OF SUCH USES:
The Department of Education (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) Program Disclosure. The Department may disclose records to
schools, lenders, guaranty agencies, and servicers when it is necessary
to obtain further information about the complaint, request for
assistance, or other inquiry before it can be resolved.
(2) Disclosure for Use by Other Law Enforcement Agencies Concerning
Possible Violations of the Criminal Laws or Actions Initiated for Civil
Fraud. The Department may disclose information to any Federal, State,
local or foreign agency or other public authority responsible for
enforcing, investigating, or prosecuting violations of the criminal
laws or actions initiated for civil fraud, if that information is
relevant to any enforcement, regulatory, investigative, or prosecutive
responsibility within the receiving entity's jurisdiction.
(3) Enforcement Disclosure Concerning Violations of the Criminal
Laws or Actions Initiated for Civil Fraud. 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 the criminal laws or actions initiated for civil fraud,
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.
(4) Litigation and Alternative Dispute Resolution (ADR)
Disclosures.
(a) Introduction. In the event that one of the parties listed below
is involved in litigation or ADR concerning the actions of the
Ombudsman's office or its employees, or has an interest in such
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 component of the Department; or
(ii) Any Department employee in his or her official capacity; or
(iii) Any Department employee in his or her individual capacity if
the Department of Justice (DOJ) has agreed to provide or arrange for
representation for the employee;
(iv) Any Department employee in his or her individual capacity
where the agency has agreed to represent the employee; or
(v) The United States where 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, the Department may disclose those records as a
routine use to the DOJ.
(c) Administrative Disclosures. If the Department determines that
disclosure of certain records to an adjudicative body before which the
Department is authorized to appear, an individual or entity designated
by the Department or otherwise empowered to resolve or mediate disputes
is relevant and necessary to the administrative
[[Page 72400]]
litigation, the Department may disclose those records as a routine use
to the adjudicative body, individual, or entity.
(d) Parties, counsels, representatives and witnesses. If the
Department determines that disclosure of certain records to a party,
counsel, representative or witness in an administrative proceeding is
relevant and necessary to the litigation, the Department may disclose
those records as a routine use to the party, counsel, representative or
witness.
(5) Disclosure to the Department of Justice (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.
(6) 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 such
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.
(7) 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.
(8) Congressional Member Disclosure. The Department may disclose
records 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.
DISCLOSURE TO CONSUMER REPORTING AGENCIES:
Not applicable.
POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING,
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
These records will be maintained either in hard copy or in an
electronic database.
RETRIEVABILITY:
Records are indexed by Social Security number, name, date of birth
and case tracking number.
SAFEGUARDS:
Access to and use of these records shall be limited to those
persons whose official duties require access. This includes staff
members of the Office of the Student Loan Ombudsman, other Department
offices and agents of the Department. All physical access to the sites
where this system of records is maintained, is controlled and monitored
by security personnel who check each individual entering the building
for his or her employee or visitor badge.
The computer system offers a high degree of resistance to tampering
and circumvention. This security system limits data access to staff on
a ``need to know'' basis, and controls individual users' ability to
access and alter records within the system. All users of this system of
records are given unique user IDs with personal identifiers. All
interactions by individual users with the system are recorded.
RETENTION AND DISPOSAL:
The records on all student loans are retained for a period of five
years after the loan has been repaid, cancelled or otherwise forgiven
or the account closed. Records pertaining to grants awarded by the
Department are destroyed five years after the initial disbursement.
Records are maintained for the period of time needed to resolve cases,
conduct analyses and prepare reports.
SYSTEM MANAGER(S) AND ADDRESS:
Ombudsman, Office of Student Financial Assistance, U.S. Department
of Education, 400 Maryland Avenue, SW., ROB-3, Room 3717, Washington,
DC 20202.
NOTIFICATION PROCEDURE:
If you wish to determine whether a record exists regarding you in
the system of records, contact the system manager. Your request must
meet the requirements of the Department's Privacy Act regulations at 34
CFR 5b.5, including proof of identity.
RECORD ACCESS PROCEDURES:
If you wish to gain access to a record regarding you in the system
of records, contact the system manager. Your request must meet the
requirements of the Department's Privacy Act regulations at 34 CFR
5b.5, including proof of identity.
CONTESTING RECORD PROCEDURES:
If you wish to contest the content of a record regarding you in the
system of records, contact the system manager. Your request must meet
the requirements of the Department's Privacy Act regulations at 34 CFR
5b.7.
RECORD SOURCE CATEGORIES:
Information is obtained from the individuals (e.g. borrowers)
schools, lenders, and guaranty agencies.
SYSTEM EXEMPTED FROM CERTAIN PROVISIONS OF THE ACT:
None.
SYSTEM NAME:
The Department of Education (ED) PIN (Personal Identification
Number) Registration System.
SECURITY CLASSIFICATION:
None.
SYSTEM LOCATION:
National Computer Systems (NCS), 2510 North Dodge Street, Iowa
City, IA 52240.
Virtual Data Center, Meriden Data Center, 71 Deerfield Lane
Meriden, CT 06450 (after Spring 2000).
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
The ED PIN Registration System contains records about former,
current and prospective students, and parents who apply for an ED PIN
number. The ED PIN number is used for identification purposes when PIN
holders access other Department of Education systems.
CATEGORIES OF RECORDS IN THE SYSTEM:
This system contains identification information such as name,
Social Security Number (SSN), date of birth and address.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
The Higher Education Act of 1965, as amended, 20 U.S.C. 1092b.
PURPOSE(S):
This information contained in this system will be used to generate
and confirm PIN numbers for those individuals wishing to access various
student financial assistance systems (including FAFSA, Access America
and the Direct Loan Program) to obtain information about their personal
records. The ED PIN number that is generated and stored by this system
can
[[Page 72401]]
be used by individuals to electronically sign various student aid
applications including the FAFSA and the Renewal FAFSA, and to initiate
loan deferments or forbearance. The Department has plans to expand the
use of the PIN to allow access to student financial aid systems outside
of the Department.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSE OF SUCH USES:
The Department of Education (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 Act, under a computer matching agreement.
(1) Disclosure for Use by Other Law Enforcement Agencies. The
Department may disclose information to any Federal, State, local, or
foreign agency or other public authority responsible for enforcing,
investigating, or prosecuting violations of administrative, civil, or
criminal law or regulation if that information is relevant to any
enforcement, regulatory, investigative, or prosecutive responsibility
within the receiving entity's jurisdiction.
(2) 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.
(3) Litigation and Alternative Dispute Resolution (ADR)
Disclosures.
(a) Introduction. In the event that one of the parties listed below
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 component of the Department; or
(ii) Any Department employee in his or her official capacity; or
(iii) Any Department employee in his or her individual capacity if
the Department of Justice (DOJ) has agreed to provide or arrange for
representation for the employee;
(iv) Any Department employee in his or her individual capacity
where the agency has agreed to represent the employee; or
(v) The United States where 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, the Department may disclose those records as a
routine use to the DOJ.
(c) Administrative Disclosures. If the Department determines that
disclosure of certain records to an adjudicative body before which the
Department is authorized to appear, an individual or entity designated
by the Department or otherwise empowered to resolve or mediate disputes
is relevant and necessary to the administrative litigation, the
Department may disclose those records as a routine use to the
adjudicative body, individual, or entity.
(d) Parties, counsels, representatives and witnesses. If the
Department determines that disclosure of certain records to a party,
counsel, representative or witness in an administrative proceeding is
relevant and necessary to the litigation, the Department may disclose
those records as a routine use to the party, counsel, representative or
witness.
(4) Employment, Benefit, and Contracting Disclosure.
(a) For Decisions by the Department. The Department may disclose a
record to a Federal, State, or local agency maintaining civil,
criminal, or other relevant enforcement or other pertinent records, or
to another public authority or professional organization, if necessary
to obtain information relevant to a Department decision concerning the
hiring or retention of an employee or other personnel action, the
issuance of a security clearance, the letting of a contract, or the
issuance of a license, grant, or other benefit.
(b) For Decisions by Other Public Agencies and Professional
Organizations. The Department may disclose a record to a Federal,
State, local, or foreign agency or other public authority or
professional organization, in connection with the hiring or retention
of an employee or other personnel action, the issuance of a security
clearance, the reporting of an investigation of an employee, the
letting of a contract, or the issuance of a license, grant, or other
benefit, to the extent that the record is relevant and necessary to the
receiving entity's decision on the matter.
(5) Employee Grievance, Complaint or Conduct Disclosure. The
Department may disclose a record in this system of records to another
agency of the Federal Government if the record is relevant to one of
the following proceedings regarding a present or former employee of the
Department: complaint, grievance, discipline or competence
determination proceedings. The disclosure may only be made during the
course of the proceeding.
(6) Labor Organization Disclosure. A component of the Department
may disclose records to a labor organization if a contract between the
component and a labor organization recognized under Title V of the
United States Code, Chapter 71, provides that the Department will
disclose personal records relevant to the organization's mission. The
disclosures will be made only as authorized by law.
(7) Freedom of Information Act (FOIA) Advice Disclosure. The
Department may disclose records to the Department of Justice and the
Office of Management and Budget if the Department concludes that
disclosure is desirable or necessary in determining whether particular
records are required to be disclosed under the FOIA.
(8) Disclosure to the Department of Justice (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.
(9) 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 such
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.
(10) 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
[[Page 72402]]
required to maintain Privacy Act safeguards with respect to the
disclosed records.
(11) Congressional Member Disclosure. The Department may disclose
records 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.
(12) Disclosure to the Office of Management and Budget (OMB) for
Credit Reform Act (CRA) Support. The Department may disclose records to
OMB as necessary to fulfill CRA requirements.
(13) Identification Verification Disclosure. In order to verify the
identity of the applicant involved, the accuracy of the record, or to
assist with the determination of program eligibility and benefits or
potential eligibility or benefits, the Department may disclose records
from this system to the applicant, guaranty agencies, educational
institutions, financial institutions and servicers, and to Federal and
State agencies.
DISCLOSURE TO CONSUMER REPORTING AGENCIES:
Disclosures pursuant to 5 U.S.C. 552a(b)(12): The Department may
disclose to a consumer reporting agency information regarding a claim
by the Department which is determined to be valid and overdue as
follows: (1) The name, address, taxpayer identification number and
other information necessary to establish the identity of the individual
responsible for the claim; (2) the amount, status, and history of the
claim; and (3) the program under which the claim arose. The Department
may disclose the information specified in this paragraph under 5 U.S.C.
552a(b)(12) and the procedures contained in subsection 31 U.S.C.
3711(e). A consumer reporting agency to which these disclosures may be
made is defined at 31 U.S.C. 3701(a)(3).
POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING,
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
Records are stored electronically on magnetic tape.
RETRIEVABILITY:
The file is indexed by social security number or name.
SAFEGUARDS:
All physical access to the Department site, and the sites of
Department contractors where this system of records is maintained, is
controlled and monitored by security personnel who check each
individual entering the building for his or her employee or visitor
badge.
The computer system employed by the Department offers a high degree
of resistance to tampering and circumvention. This security system
limits data access to Department and contract staff on a ``need to
know'' basis, and controls individual users' ability to access and
alter records within the system. All users of this system of records
are given a unique user ID with personal identifiers. All interactions
by individual users with the system are recorded.
RETENTION AND DISPOSAL:
Records will be retained 3 years after payment of loan, or after
audit resolution.
SYSTEM MANAGER(S) AND ADDRESS:
PIN Web Site Development Manager, Program System Services, Office
of Student Financial Assistance, 400 Maryland Avenue, SW, ROB-3, room
4640, Washington, D.C. 20202.
NOTIFICATION PROCEDURE:
If you wish to determine whether a record exists regarding you in
the system of records, provide the system manager with your name, date
of birth, social security number. Your request must meet the
requirements of the Department's Privacy Act regulations at 34 CFR
5b.5, including proof of identity. You may present your request in
person at any of the locations identified for this system of records or
address your request to the system manager at the address above.
RECORD ACCESS PROCEDURES:
If you wish to gain access to a record regarding you in the system
of records, you can visit the ED PIN Web site, call the FAFSA on the
Web phone number listed on the Web site, or contact the system manager
at the address given above. Your request must meet the requirements of
the Department's Privacy Act regulations at 34 CFR 5b.5, including
proof of identity.
CONTESTING RECORD PROCEDURES:
If you wish to contest the content of a record regarding you in the
system of records, you can contact the Customer Service Department at
the telephone number listed on the ED PIN web site. Your request must
meet the requirements of the Department's Privacy Act regulations at 34
CFR 5b.7.
If your SSN does not match as a result of an incorrect SSN, you
will need to contact the local office of the Social Security
Administration (SSA) for a SSN correction.
RECORD SOURCE CATEGORIES:
The identifying information (SSN, DOB and name) is currently
collected from the ED PIN Registration Web site, from the FAFSA, and
the Direct Loan borrower database. In the future, the Department may
provide alternate means for collecting the identifying information.
SYSTEM EXEMPTED FROM CERTAIN PROVISIONS OF THE ACT:
None.
18-12-05
SYSTEM NAME:
Graduate Assistance in Areas of National Need (GAANN) Program
Assessment System.
SECURITY CLASSIFICATION:
None.
SYSTEM LOCATION:
U.S. Department of Education, Office of Postsecondary Education,
Program Monitoring and Information Technology Service, 1990 K St., NW,
Washington, DC 20006.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
This system contains records on individuals who apply for
fellowships and receive admission to a GAANN project.
CATEGORIES OF RECORDS IN THE SYSTEM:
This system contains information including the individual's name,
Social Security number, gender, ethnicity, field of study, source of
student's GAANN Fellowship, amount of stipend per year of student's
GAANN Fellowship, amount of institutional contribution to tuition per
year of student's GAANN Fellowship, amount of support the student
received after the GAANN Fellowship, year and term the student entered
institution's graduate program, current education status, current
employment status, how the fellow's financial need was determined,
whether Title IV financial need analysis was used, whether amount of
student's financial need is known, cost of education, and financial
need.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
20 U.S.C. 1135C (1993).
PURPOSE(S):
This system is used to provide performance data about the GAANN
Fellowship Program for the Department's use in responding to the
[[Page 72403]]
requirements of the GPRA. In addition, information obtained from the
system of records may also be used for the general purpose of
administering the GAANN Fellowship Program.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSE OF SUCH USES:
The Department of Education (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) Disclosure for Use by Other Law Enforcement Agencies. The
Department may disclose information to any Federal, State, local, or
foreign agency or other public authority responsible for enforcing,
investigating, or prosecuting violations of administrative, civil, or
criminal law or regulation if that information is relevant to any
enforcement, regulatory, investigative, or prosecutive responsibility
within the receiving entity's jurisdiction.
(2) 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.
(3) Litigation and Alternative Dispute Resolution (ADR)
Disclosures.
(a) Introduction. In the event that one of the parties listed below
is involved in litigation or ADR, or has an interest in litigation 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 component of the Department; or
(ii) Any Department employee in his or her official capacity; or
(iii) Any Department employee in his or her individual capacity if
the Department of Justice (DOJ) has agreed to provide or arrange for
representation for the employee;
(iv) Any Department employee in his or her individual capacity
where the agency has agreed to represent the employee; or
(v) The United States where 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, the Department may disclose those records as a
routine use to the DOJ.
(c) Administrative Disclosures. If the Department determines that
disclosure of certain records to an adjudicative body before which the
Department is authorized to appear, an individual or entity designated
by the Department or otherwise empowered to resolve or mediate disputes
is relevant and necessary to the administrative litigation, the
Department may disclose those records as a routine use to the
adjudicative body, individual, or entity.
(d) Parties, counsels, representatives and witnesses. If the
Department determines that disclosure of certain records to a party,
counsel, representative or witness in an administrative proceeding is
relevant and necessary to the litigation, the Department may disclose
those records as a routine use to the party, counsel, representative or
witness.
(4) Freedom of Information Act (FOIA) Advice Disclosure. The
Department may disclose records to the Department of Justice and the
Office of Management and Budget if the Department concludes that
disclosure is desirable or necessary in determining whether particular
records are required to be disclosed under the FOIA.
DISCLOSURE TO CONSUMER REPORTING AGENCIES:
Disclosure pursuant to 5 U.S.C. 552 (a)(b)(12), the Department may
disclose to a consumer reporting agency information regarding any
Federal claim which is determined to be valid and overdue as follows:
(1) The name, address, taxpayer identification number and other
information necessary to establish the identity of the individual
responsible for the claim; (2) the amount, status, and history of the
claim; and (3) the program under which the claim arose. The Department
may disclose the information specified in this paragraph under 5 U.S.C.
552a(b) (12) after completing the procedures contained in subsection 31
U.S.C. 3711(f). A consumer reporting agency to which these disclosures
may be made is defined at 31 U.S.C. 3701(a)(3).
POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING,
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
Information in this system is maintained in an electronic
centralized database on a computer server. Information extracted from
the system will be maintained on access-controlled personal computers
and in physical file folders.
RETRIEVABILITY:
Records in this system can be retrieved by name and Social Security
number.
SAFEGUARDS:
The computer system employed by the Department offers a high degree
of resistance to tampering and circumvention. This security system
limits data access to Department and contract staff on a ``need to
know'' basis, and controls individual users' ability to access and
alter records within the system. All users of this system of records
are given a unique user ID with personal identifiers. All interactions
by individual users with the system are recorded.
RETENTION AND DISPOSAL:
Records on successful applications are destroyed five years after
final payment from the Department to the institution, or after
completion of audit-related activities or litigation, whichever is
later.
SYSTEM MANAGER(S) AND ADDRESS:
Director, Program Monitoring and Information Technology Service,
Office of Postsecondary Education, U.S. Department of Education, 1990 K
St., NW, Washington, DC 20006.
NOTIFICATION PROCEDURE:
If you wish to determine whether a record exists regarding you in
this system of records, you should provide the system manager with your
name, Social Security number or nine-digit identification number. Your
request must meet the requirement of the Department's Privacy Act
regulations at 34 CFR 5b.5, including proof of identity.
RECORD ACCESS PROCEDURES:
If you wish to gain access to a record in this system of records,
you should contact the system manager and provide information as
described in the Notification Procedures. Requests for access to a
record should reasonably specify the particular record content being
sought. Your request must meet
[[Page 72404]]
the requirements of the Department's Privacy Act regulations at 34 CFR
5b.5, including proof of identity.
CONTESTING RECORD PROCEDURES:
If you wish to contest information contained in a record in this
system of records, you should contact the system manager. Your request
may be made either in writing or in person, and should specify: (1) The
system of records from which the record is to be retrieved; (2) the
particular record you are seeking to amend; (3) whether you are seeking
a deletion, an addition, or a substitution; and (4) the reason(s) for
the requested change(s). You should include any appropriate
documentation supporting the requested change(s). Your request must
meet the requirements of the Department's Privacy Act regulations at 34
CFR 5b.7, including proof of identity.
RECORD SOURCE CATEGORIES:
Information contained in this system is obtained from the
institutions the fellows attend.
SYSTEM EXEMPTED FROM CERTAIN PROVISIONS OF THE ACT:
None.
18-13-05
SYSTEM NAME:
Education Publications Center (ED PUBS).
SECURITY CLASSIFICATION:
None.
SYSTEM LOCATION:
Education Publications Center, U.S. Department of Education, 8242
Sandy Court, Jessup, MD 20794.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
This system contains records on individuals who contact ED PUBS to
request products from the U.S. Department of Education.
CATEGORIES OF RECORDS IN THE SYSTEM:
This system contains the name, address, and telephone number of the
individuals, as well as what product those individuals request.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
Goals 2000: Educate America Act, Pub. L. 103-227, 951, 20 U.S.C.
6051 (Supp. I, 1995).
PURPOSE(S):
The information in this system is used to disseminate the
Department's products to the public.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSE OF SUCH USES:
The Department of Education (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) Disclosure for Use by Other Law Enforcement Agencies. The
Department may disclose information to any Federal, State, local, or
foreign agency or other public authority responsible for enforcing,
investigating, or prosecuting violations of administrative, civil, or
criminal law or regulation if that information is relevant to any
enforcement, regulatory, investigative, or prosecutive responsibility
within the receiving entity's jurisdiction.
(2) 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.
(3) Litigation and Alternative Dispute Resolution (ADR)
Disclosures.
(a) Introduction. In the event that one of the parties listed below
is involved in litigation or ADR, or has an interest in litigation 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 component of the Department; or
(ii) Any Department employee in his or her official capacity; or
(iii) Any Department employee in his or her individual capacity if
the Department of Justice (DOJ) has agreed to provide or arrange for
representation for the employee;
(iv) Any Department employee in his or her individual capacity
where the agency has agreed to represent the employee; or
(v) The United States where 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, the Department may disclose those records as a
routine use to the DOJ.
(c) Administrative Disclosures. If the Department determines that
disclosure of certain records to an adjudicative body before which the
Department is authorized to appear, an individual or entity designated
by the Department or otherwise empowered to resolve or mediate disputes
is relevant and necessary to the administrative litigation, the
Department may disclose those records as a routine use to the
adjudicative body, individual, or entity.
(d) Parties, counsels, representatives and witnesses. If the
Department determines that disclosure of certain records to a party,
counsel, representative or witness in an administrative proceeding is
relevant and necessary to the litigation, the Department may disclose
those records as a routine use to the party, counsel, representative or
witness.
(4) Employment, Benefit, and Contracting Disclosure.
(a) For Decisions by the Department. The Department may disclose a
record to a Federal, State, or local agency maintaining civil,
criminal, or other relevant enforcement or other pertinent records, or
to another public authority or professional organization, if necessary
to obtain information relevant to a Department decision concerning the
hiring or retention of an employee or other personnel action, the
issuance of a security clearance, the letting of a contract, or the
issuance of a license, grant, or other benefit.
(b) For Decisions by Other Public Agencies and Professional
Organizations. The Department may disclose a record to a Federal,
State, local, or foreign agency or other public authority or
professional organization, in connection with the hiring or retention
of an employee or other personnel action, the issuance of a security
clearance, the reporting of an investigation of an employee, the
letting of a contract, or the issuance of a license, grant, or other
benefit, to the extent that the record is relevant and necessary to the
receiving entity's decision on the matter.
(5) Employee Grievance, Complaint or Conduct Disclosure. The
Department may disclose a record in this system of records to another
agency of the Federal Government if the record is relevant to
[[Page 72405]]
one of the following proceedings regarding a present or former employee
of the Department: complaint, grievance, discipline or competence
determination proceedings. The disclosure may only be made during the
course of the proceeding.
(6) Labor Organization Disclosure. A component of the Department
may disclose records to a labor organization if a contract between the
component and a labor organization recognized under Title V of the
United States Code, Chapter 71, provides that the Department will
disclose personal records relevant to the organization's mission. The
disclosures will be made only as authorized by law.
(7) Freedom of Information Act (FOIA) Advice Disclosure. The
Department may disclose records to the Department of Justice and the
Office of Management and Budget if the Department concludes that
disclosure is desirable or necessary in determining whether particular
records are required to be disclosed under the FOIA.
(8) Disclosure to the Department of Justice (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.
(9) 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 such
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.
(10) 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.
(11) Congressional Member Disclosure. The Department may disclose
records 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.
(12) Disclosure to the Office of Management and Budget (OMB) for
Credit Reform Act (CRA) Support. The Department may disclose records to
OMB as necessary to fulfill CRA requirements.
DISCLOSURE TO CONSUMER REPORTING AGENCIES:
Not applicable.
POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING,
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
The records are retained in hard copy and in a computer database.
RETRIEVABILITY:
The records are retrieved by name and by title of requested
product.
SAFEGUARDS:
Access to the ED PUBS records is limited to internal Department
designees, warehouse switchboard operators, and ED PUBS management
personnel. All physical access to the Department site, and the sites of
Department contractors where this system of records is maintained, is
controlled and monitored by security personnel who check each
individual entering the building for his or her employee or visitor
badge.
The computer system employed by the Department offers a high degree
of resistance to tampering and circumvention. This security system
limits data access to Department and contract staff on a ``need to
know'' basis, and controls individual users' ability to access and
alter records within the system. All users of this system of records
are given a unique user ID with personal identifiers. All interactions
by individual users with the system are recorded.
RETENTION AND DISPOSAL:
Records are deleted upon revision or update.
SYSTEM MANAGER(s) AND ADDRESS:
Executive Director of the National Library of Education, U.S.
Department of Education, 400 Maryland Ave, SW., Suite 4W317,
Washington, DC 20202-5523.
NOTIFICATION PROCEDURE:
If you wish to determine whether a record exists regarding you in
the system of records, contact the system manager. Your request must
meet the requirements of the Department's Privacy Act regulations at 34
CFR 5b.5, including proof of identity.
RECORD ACCESS PROCEDURES:
If you wish to access a record regarding you in the system of
records, contact the system manager. Your request must meet the
requirements of the Department's Privacy Act regulations at 34 CFR
5b.5, including proof of identity.
CONTESTING RECORD PROCEDURES:
If you wish to contest a record regarding you in the system of
records, contact the system manager. Your request must meet the
requirements of the Department's Privacy Act regulations at 34 CFR
5b.7, including proof of identity.
RECORD SOURCE CATEGORIES:
The information in this system is obtained from the individuals who
contact ED PUBS.
SYSTEM EXEMPTED FROM CERTAIN PROVISIONS OF THE ACT:
None.
Correction
In the Notice of New, Amended, Altered and Deleted Systems of
Records published in the Federal Register on June 4, 1999 (30105), make
the following corrections beginning on page 30105:
1. On page 30107, in the third column, under the heading ``New
Numbering System'', ``18-11-08 Student Account Management System''
should read ``18-11-08 Student Account Manager.''
2. On page 30108, in the first column, under the heading ``New
Systems of Records,'' ``18-11-07 Student Account Manager'' should read
``18-11-08'' and ``18-11-08 Postsecondary Education Participants System
(PEPS)'' should read ``18-11-09.''
3. On page 30109, in the second column, in the notice entitled
``Secretary's Communication Control System 18-01-01,'' under the
heading ``Additional System Locations and System Mangers,'' ``Director,
Correspondence and Communications Control Unit'' should read
``Director, Office of the Executive Secretariat.''
4. On page 30117, in the third column, in the notice entitled
``Receivables Management System 18-03-03,'' the information under the
heading ``System Manager(s) and Address'' should read ``Director,
Financial Improvements and Post-Audit Operations, Office of the Chief
Financial Officer, U.S. Department of Education, 400 Maryland Avenue,
SW., Room 4C135, DC 20202.''
[[Page 72406]]
5. On page 30118, in the second column, in the notice entitled
``Files and Lists of Potential and Current Consultants, Grant
Application Reviewers, Peer Reviewers and Site Visitors 18-03-04,''
under the heading ``Routine Uses of Records Maintained in the System,
Including Categories of Users and the Purpose of Such Uses,'' the
opening paragraph should read:
The Department of Education (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.
6. On page 30125, in the third column, in the notice entitled
``Grievances Filed Formally Under the Administrative Grievance
Procedures 18-05-05,'' under the heading ``System Location,'' delete
``Room 2E200.''
7. On page 30127, in the first column, in the notice entitled
``Grievances Filed Formally Under the Administrative Grievance
Procedures 18-05-05,'' under the heading ``System Manager(s) and
Address,'' ``Labor Relations Group'' should read, ``Human Resources
Group,'' and ``Room 2W300'' should read ``Room 2E314.''
8. On page 30142, in the first column, in the notice entitled
``Congressional Members'' Biographies System 18-06-02,'' under the
heading ``Routine Uses,'' insert the following at the end of the
opening paragraph of this section, ``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.''
9. On page 30142, in the third column, in the notice entitled
``Congressional Grant Notification Control System 18-07-02,'' under the
heading ``Routine Uses,'' the opening paragraph of this section should
read:
The Department of Education (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.
10. On page 30149, in the second column, in the notice entitled
``Employee Conduct--Government Ethics 18-09-03,'' the citations under
the heading ``Authority for Maintenance of the System'' should only
read ``5 U.S.C. 301.''
11. On page 30150, in the first and second columns, in the notice
entitled ``Employee Conduct--Government Ethics 18-09-03,'' under the
heading ``Retrievability,'' delete the second sentence that reads, ``In
some instances, these records are retrievable by cross-reference to
index cards containing the name of the party involved and the subject
matter.''
12. On page 30150, in the second column, in the notice entitled
``Employee Conduct--Government Ethics 18-09-03,'' under the heading
``Safeguards,'' delete the existing text and add ``These records are
only accessible to staff of the Ethics Division of the Office of the
General Counsel. The filing cabinets in which these records are
maintained are locked after the close of the business day.''
13. On page 30150, in the second column, in the notice entitled
``Employee Conduct--Government Ethics 18-09-03,'' under the heading
``System Manager(s) and Address,'' delete ``Counsel'' from ``Ethics
Counsel Division.''
14. On page 30152, in the first column, in the notice entitled
``Investigative Files of the Inspector General 18-10-01,'' under the
heading ``Routine Uses,'' the opening paragraph of this section should
read:
The Department of Education (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.
15. On page 30154, in the second column, in the notice entitled
``Investigatory Material Compiled for Personnel Security and
Suitability Purposes 18-10-02,'' under the heading ``Routine Uses,''
the opening paragraph of this section should read:
The Department of Education (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.
16. On page 30155, in the last column, in the notice entitled
``Non-Federal Auditor Referral, Suspension, and Debarment File 18-10-
03,'' under the heading ``Categories of Records in the System,'' the
text should read:
Information relating to the audit activity which led to the
referral, suspension or debarment action, including the referral,
suspension or debarment documents, and records on the substance, status
or outcome of each referral, suspension and debarment, including
voluntary exclusion settlement agreements.
17. On page 30156, in the first column, in the notice entitled
``Non-Federal Auditor Referral, Suspension, and Debarment File 18-10-
03,'' under the heading ``Routine Uses,'' the opening paragraph of this
section should read:
The Department of Education (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.
18. On page 30156, in the first column, in the notice entitled
``Non-Federal Auditor Referral, Suspension and Debarment File 18-10-
03,'' under the heading ``Routine Uses,'' in subsection (1), ``Audit
Oversight and Referral Disclosure,'' the text should read:
A record from this system of records may be disclosed to other
Federal agencies, the General Accounting Office, State agencies
responsible for audit oversight, State Boards of accountancy, the
American Institute of Certified Public Accountants, and other
professional accountancy associations, to make and support referrals
regarding inadequate audits performed by independent auditors, to track
the results of proceedings against those auditors, and to inform these
entities if other referrals have been made.
19. On page 30156, in the first column, in the notice entitled
``Non-
[[Page 72407]]
Federal Auditor Referral, Suspension and Debarment File 18-10-03,''
under the heading ``Routine Uses,'' in subsection (2), ``Suspension and
Debarment Disclosure,'' the text should read:
A record from this system of records may be disclosed to other
Federal agencies, the General Accounting Office, State agencies
responsible for audit oversight, State Boards of accountancy, the
American Institute of Certified Public Accountants, and other
professional accountancy associations, to inform these entities of the
substance, status or outcome of suspension and debarment proceedings,
including settlement, and as authorized under section 3 of Executive
Order 12549 for purposes of suspending and debarring an auditor
pursuant to 34 CFR part 85.
20. On page 30157, in the third column, in the notice entitled
``Hotline Complaint Files of the Inspector General 18-10-04,'' under
the heading ``Routine Uses,'' the opening paragraph of this section
should read:
The Department of Education (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.
21. On page 30159, in the second column, in the Notice entitled
``Federal Student Aid Application File 18-11-01,'' under the heading
``Categories of Records in the System,'' the first sentence should
read:
This system consists of the name, address, birth date, Social
Security number, parents' and students' personal identification numbers
assigned by the Department, and financial data necessary to identify
applicants, verify applicant data, and calculate their expected family
contributions for Federal student financial assistance.
22. On page 30161, in the first column, in the notice entitled
``Recipient Financial Management System 18-11-02,'' the paragraph under
the heading ``Categories of Records in the System,'' should read,
``This system consists of the financial data, personal identification
numbers assigned by the Department, and status of award for Pell Grant
recipients.''
23. On page 30161, in the third column, in the notice entitled
``Recipient Financial Management System 18-11-02,'' under the heading
``Safeguards,'' add the following paragraph:
The computer system employed by the Department of Education offers
a high degree of resistance to tampering and circumvention. This
security system limits data access to Department of Education and
contract staff on a ``need to know'' basis, and controls individual
users' ability to access and alter records within the system. All users
of this system of records are given a unique user ID with personal
identifiers. All interactions by individual users with the system are
recorded.
24. On page 30162, in the first column, in the notice entitled
``Recipient Management System 18-11-02,'' under the heading ``Record
Source Categories,'' the word after ``school'' should be ``and''
instead of ``or.''
25. On page 30162, in the second column, in the notice entitled
``Student Financial Assistance Validation File 18-11-03,'' the
paragraph under the heading ``Categories of Records in the System,''
should read: ``This system consists of student financial assistance
application, award and servicing forms and documentation, and parents'
and students' personal identification numbers assigned by the
Department.''
26. On page 30163, in the second column, in the notice entitled
``Title IV Program Files 18-11-05,'' the paragraph under the heading
``Categories of Records in the System,'' should read:
This system contains records regarding the amount of Pell Grant
applicant receives; applicant's demographic background, loan, and
educational status; family income; Social Security number; address and
telephone number; and employment information on borrowers and co-
signers; default claim number; amount of claim; information pertaining
to locating a borrower; collection and repayment history; information
pertaining to the amount of the loan and repayment obligation;
forbearance, cancellation, disability, and deferment information; and a
personal identification number assigned by the Department.
27. On page 30163, in the third column, in the notice entitled
``Title IV Program Files 18-11-05,'' under the heading ``Routine
Uses,'' the opening paragraph of this section should read:
The Department of Education (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.
28. On page 30167, in the first column, in the notice entitled
``Student Financial Assistance Collection Files 18-11-07,'' the
paragraph under the heading ``Categories of Records in the System,''
should read:
This system contains records regarding an applicant's demographic
background; loan, repayment history; and educational status; family
income; social security number; address and telephone numbers;
employment information on borrowers and co-signers; collection activity
on accounts; default claim number; amount of claim; information
pertaining to locating a borrower; collection and repayment obligation;
forbearance; cancellation; disability; deferment; administrative wage
garnishment; bankruptcy, death; close school discharge; hearings;
photocopy of all promissory notes; account collection records;
administrative resolutions and litigations; and parents' and students'
personal identification numbers assigned by the Department.
29. On page 30169, in the second column, in the notice entitled
``Student Account Manager 18-11-08,'' under the heading ``Categories of
Records in the System,'' the first sentence should read: ``The Student
Account Manager system contains records relating to a student and/or
borrower's originated awards and disbursements of Title IV financial
assistance and a personal identification number assigned by the
Department.''
30. On page 30172, in the first column, in the notice entitled
``Postsecondary Education Participants System (PEPS) 18-11-09,'' under
the heading ``Routine Uses,'' the opening paragraph of this section
should read:
The Department of Education (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.
31. On page 30179, in the third column, in the notice entitled
``Postsecondary Education Participants System (PEPS) 18-11-09,'' the
[[Page 72408]]
paragraph under the heading ``Categories of Records in the System,''
should read:
The PEPS contains information regarding the eligibility,
administrative capability, and financial responsibility of
postsecondary schools that participate in the student financial aid
programs, including the names, taxpayer identification numbers (Social
Security numbers), business addresses, phone numbers of the individuals
with substantial ownership interests in, or control over, those
institutions, and personal identification numbers assigned by the
Department.''
32. On page 30186, in the first column, in the notice entitled
``Outcomes of Diversity in Higher Education Surveys 18-13-04,'' under
the heading ``System Name,'' ``Surveys'' should read ``Study.''
33. On page 30186, in the first column, in the notice entitled
``Outcomes of Diversity in Higher Education Surveys 18-13-04,'' under
the heading ``Routine Uses,'' the opening paragraph of this section
should read:
The Department of Education (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.
[FR Doc. 99-33154 Filed 12-23-99; 8:45 am]
BILLING CODE 4000-01-U