[Federal Register: December 26, 2002 (Volume 67, Number 248)]
[Notices]
[Page 78794-78796]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr26de02-53]
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DEPARTMENT OF EDUCATION
Privacy Act of 1974; System of Records
AGENCY: Office of Management, Department of Education.
ACTION: Notice of a new system of records.
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SUMMARY: In accordance with the Privacy Act of 1974, as amended (Act),
the Department of Education (Department) publishes this notice of a new
system of records for the collection and maintenance of information on
the issuance of Identification Media for Department of Education
employees, retirees, and contractors.
DATES: The Department seeks comment on the new system of records
described in this notice, in accordance with the requirements of the
Privacy Act. We must receive your comments on or before January 27,
2003.
The Department filed a report describing the system of records
covered by this notice with the Chair of the Senate Committee on
Governmental Affairs, the Chair of the House Committee on Government
Reform, and the Administrator of the Office of Information and
Regulatory Affairs, Office of Management and Budget (OMB) on December
20, 2002. This system of records will become effective at the later
date of-- (1) the expiration of the 40-day period for OMB review on
January 29, 2003 or (2) January 27, 2003, unless the system of records
needs to be changed as a result of public comment or OMB review.
ADDRESSES: Address all comments about this system of records to
Director, Security Services, Office of Management, U.S. Department of
Education, 400 Maryland Avenue, SW., room 2W229, FB6, Washington, DC
20202. If you prefer to send comments through the Internet, use the
following address: comments@ed.gov.
You must include the term ``Security Notice'' in the subject line
of the electronic comment.
During and after the comment period, you may inspect all comments
about this notice in room 2W229, 400 Maryland Avenue, SW., Federal
Building 6, Washington, DC, between the hours of 8 a.m. and 4:30 p.m.,
Eastern time, Monday through Friday of each week except Federal
holidays.
Assistance to Individuals With Disabilities in Reviewing the Rulemaking
Record
On request, we will supply an appropriate aid, such as a reader or
printer magnifier, to an individual with a disability who needs
assistance to review the comments or other documents in the public
rulemaking record for this notice. If you want to schedule an
appointment for this type of aid, please contact the person listed
under FOR FURTHER INFORMATION CONTACT.
FOR FURTHER INFORMATION CONTACT: Jerry Shepherd. Telephone: (202) 260-
7754. If you use a telecommunications device for the deaf (TDD), you
may call the Federal Information Relay Service (FIRS) at 1-800-877-
8339.
Individuals with disabilities may obtain this document in an
alternative format (e.g., Braille, large print, audiotape, or computer
diskette) on request to the contact person listed under FOR FURTHER
INFORMATION CONTACT.
SUPPLEMENTARY INFORMATION:
Introduction
The Privacy Act (5 U.S.C. 552a(e)(4)) requires the Department to
publish in the Federal Register this notice of a new system of records
maintained by the Department. The Department's regulations implementing
the Privacy Act are contained in the Code of Federal Regulations (CFR)
in 34 CFR part 5b.
The Privacy Act applies to a record about an individual that
contains individually identifiable information that is retrieved by a
unique identifier associated with each individual, such as a name or
social security number. The information about each individual is
[[Page 78795]]
called a ``record'' and the system, whether manual or computer-based,
is called a ``system of records.'' The Privacy Act requires each agency
to publish notices of systems of records in the Federal Register and to
prepare reports to the Office of Management and Budget (OMB) whenever
the agency publishes a new or altered system of records.
Electronic Access to This Document
You may view this document, as well as other Department of
Education documents published in the Federal Register in text or Adobe
Portable Document Format (PDF) on the Internet at the following site:
http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=http://www.ed.gov/legislation/FedRegister.
To use PDF you must have Adobe Acrobat Reader, which is available
free at this site. If you have questions about using PDF, call the U.S.
Government Printing Office (GPO), toll-free, at 1-888-293-6498; or in
the Washington DC, area at (202) 512-1530.
Note: The official version of this document is the document
published in the Federal Register. Free Internet access to the
official version 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 20, 2002.
William J. Leidinger,
Assistant Secretary for Management.
For the reasons discussed in the preamble, the Assistant Secretary
for the Office of Management, U.S. Department of Education publishes a
notice of a new system of records to read as follows:
18-05-16
System Name:
Identification Media Records.
Security Classification:
None.
System Location:
Security Services, Office of Management, U.S. Department of
Education, 400 Maryland Avenue, SW., room 2C103, Washington, DC 20202.
Categories of Individuals Covered by the System:
Current employees, Department of Education (Department) retirees,
and other persons doing business with the Department.
Categories of Records in the System:
This system contains records including an individual's name, home
address, social security number, date of birth, contract expiration
date, security clearance level and access, digital picture, office
location, and telephone number.
Authority for Maintenance of the System:
Executive Order 12977 (October 19, 1995) establishing the
Interagency Security Committee (ISC) to develop and oversee the
implementation of security standards for federal facilities); Title 40
U.S.C. Sections 19, 285, & 490; 41 CFR 101-20.302, Department of
Justice Vulnerability Assessment of Federal Facilities Report at table
2-8 (June 28, 1995); and the U.S. Department of Education, Departmental
Directive OM: 4-112 (August 30, 2002).
Purpose(s):
Records in this system are maintained to provide the Department
with information related to the issuance of identification media and
access to restricted areas. This system will not be utilized as a means
of tracking employee working hours.
Routine Uses of Records Maintained in the System, Including Categories
of Users and the Purposes of Such Uses:
The Department of Education (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 Law Enforcement Agencies. The Department
may disclose information contained in a record in this system of
records to appropriate Federal, State, or local agencies 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 prosecutorial responsibility within the receiving entity's
jurisdiction.
2. 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.
3. Litigation and Alternative Dispute Resolution (ADR) Disclosure.
(a) Introduction. In the event that one of the following parties is
involved in litigation or ADR, or has an interest in litigation or ADR,
the Department may disclose certain records to the parties described in
paragraphs b, c, and d of this routine use under the conditions
specified in those paragraphs:
(i) The Department or any of its components.
(ii) Any Department employee in his or her official capacity.
(iii) Any employee of the Department in his or her official
capacity where the Department of Justice (DOJ) is requested to provide
or arrange for representation of the employee.
(iv) Any employee of the Department in his or her individual
capacity where the Department has agreed to represent the employee.
(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 (DOJ). If the
Department determines that disclosure of certain records to the DOJ or
attorneys engaged by DOJ is relevant and necessary to litigation or ADR
and is compatible with the purpose for which the records were
collected, the Department may disclose those records as a routine use
to 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, individual, or entity designated by
the Department or otherwise empowered to resolve disputes is relevant
and necessary to the administrative litigation or ADR and is compatible
with the purpose for which the records were collected, the Department
may disclose those records as a routine use to the adjudicative body,
individual, or entity.
(d) Parties, Counsel, Representatives, and Witnesses. If the
Department determines that disclosure of certain records to a party,
counsel, representative, or witness is relevant and necessary to the
litigation or ADR and is compatible with the purpose for which the
records were collected, 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. To the
Department of Justice and the Office of Management and Budget (OMB) if
the Department seeks advice regarding whether records maintained in
this system of records are required to be released under the FOIA and
the Privacy Act of 1974.
[[Page 78796]]
(5) 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 to this system notice.
Policies and Practices of Storing, Retrieving, Accessing, Retaining,
and Disposing of Records in the System:
Storage:
Records are maintained in secured space either in locked
lektrievers, in a room accessible by access control card, or in fire
resistant safes with manipulation proof combination locks. Digital
records are maintained in a secure computer database.
Retrievability:
Electronic and paper records are retrieved by the name of the
individual.
Safeguards:
Paper records are maintained and secured in locked lektrievers or
in fire resistant safes with manipulation proof combination locks. All
records, including those records that are maintained on the computer
database, are in limited access rooms with access control. All users
are required to have an appropriate security clearance before they are
allowed access, on a ``need-to-know'' basis, to the records. Computer
databases are kept on a secured server. Authorized log-on codes and
passwords prevent unauthorized users from gaining access to data and
system resources. Users must have valid Security System accounts and
passwords before accessing the application. Users are required to
change their passwords periodically, and they are not allowed to repeat
any old passwords. Any individual attempting to log on who fails is
locked out of the system after three attempts. Access after that time
requires intervention by the system manager.
Retention and Disposal:
Electronic identification media records are destroyed/deleted when
no longer needed or after separation or transfer from the Department or
expiration of contract relationship with the Department, whichever is
earlier, in accordance with the National Archives and Records
Administration's General Records Schedule (GRS) 20, item (3)(b), with
the exception of Department retirees. Electronic identification media
records for retirees from the Department are maintained for not more
than five years or when no longer needed, whichever is earlier. All
paper ID records are maintained in the personnel security and
suitability files for not more than five years after separation or
transfer from the Department or expiration of contract relationship
with the Department in accordance with GRS 18, item 22. These paper
records are disposed of by electronic erasure, disintegrator, or
shredding.
System Manager(s) and Address:
Director, Security Services, U.S. Department of Education, Office
of Management, 400 Maryland Avenue, SW., room 2W229, Washington, DC
20202.
Notification Procedure:
If you wish to inquire whether a record exists regarding you in
this system, you should contact the system manager at the address
listed above. You must provide your name, 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 Procedure:
If you wish to request access to your records, you should contact
the system manager at the address listed under System Manager(s) and
Address. You must comply with the Department's Privacy Act regulations
at 34 CFR 5b.5, including proof of identity.
Contesting Record Procedure:
If you wish to request an amendment to your records, you should
contact the system manager at the address listed under System
Manager(s) and Address. Your request must meet the requirements of the
Department's Privacy Act regulations at 34 CFR 5b.7.
Record Source Categories:
Information contained in this system of records is obtained from
individuals, their employers, and contractors of the Department.
System Exempted from Certain Provisions of the Act:
None.
[FR Doc. 02-32573 Filed 12-24-02; 8:45 am]
BILLING CODE 4000-01-P