[Federal Register: January 30, 2002 (Volume 67, Number 20)]
[Notices]
[Page 4641-4644]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr30ja02-109]
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Part V
Department of Education
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Privacy Act of 1974; System of Records, Notice
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DEPARTMENT OF EDUCATION
Privacy Act of 1974; System of Records
AGENCY: White House Initiative on Educational Excellence for Hispanic
Americans, Office of Intergovernmental and Interagency Affairs,
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, the
Department of Education (the Department) publishes this notice of a new
system of records entitled ``Partners in Education (18-06-05).'' The
system will contain information on individuals who have indicated an
interest in receiving information about the White House Initiative, its
publications and programs, and ways in which they can become partners.
The information maintained in the system includes the individual's
name, affiliation, mailing address, telephone number, fax, e-mail
address, and system-generated identifiers. The information that will
form the new system of records will be collected through various
sources, including telephone, written, and e-mail inquiries, as well as
written requests to be included in the Partners in Education system of
records database submitted at meetings, conferences, and events at
which the White House Initiative is present or participating. The
information will be entered into a database on a computer in order to
generate mailing labels, for the purpose of mailing out publications
and program information, and lists to Federal, State, or local agencies
to fulfill that Federal, State, or local agency's responsibilities
under Executive Order 13230, 66 FR 52841. The Department seeks comment
on this new system of records described in this notice, in accordance
with the requirements of the Privacy Act.
DATES: We must receive your comments on the proposed routine uses for
this system of records included in this notice on or before March 1,
2002.
The Department filed a report describing the new system 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 January 25, 2002. This new system of records will become
effective at the later date of-- (1) the expiration of the 40-day
period for OMB review on March 6, 2002, or (2) March 1, 2002, unless
the system of records needs to be changed as a result of public comment
or OMB review.
ADDRESSES: Address all comments on the proposed routine uses of this
system to Leslie Sanchez, Executive Director, White House Initiative on
Educational Excellence for Hispanic Americans, Office of
Intergovernmental and Interagency Affairs, U.S. Department of
Education, 400 Maryland Avenue, SW., Federal Building 6, Room 5E110,
Washington, DC 20202. If you prefer to send comments through the
Internet, use the following address: comments@ed.gov.
You must include the term ``Partners in Education'' in the subject
line of your electronic comment.
During and after the comment period, you may inspect all public
comments about this notice in room 5E110, 400 Maryland Avenue, SW.,
Federal Building 6, Washington, DC, between the hours of 8:00 a.m. and
4:30 p.m., Eastern time, Monday through Friday of each week except
Federal holidays.
Assistance to Individuals With Disabilities in Reviewing the
Rulemaking Record
On request, we will supply an appropriate aid, such as a reader or
print magnifier, to an individual with a disability who needs
assistance to review the comments or other documents in the public
rulemaking record for this notice. If you want to schedule an
appointment for this type of aid, you may call (202) 205-8113 or (202)
260-9895. If you use a telecommunications device the deaf (TDD), you
may call the Federal Information Relay Service (FIRS) at 1-800-877-
8339.
FOR FURTHER INFORMATION CONTACT: Leslie Sanchez. Telephone: (202) 401-
1411. 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 of 1974 (5 U.S.C. 552a(e)(4)) requires the
Department to publish in the Federal Register this notice of a new
system of records managed by the Department. The Department's
regulations implementing the Privacy Act of 1974 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 a
record about an individual that is maintained in a system of records
from which information is retrieved by a unique identifier associated
with each individual, such as a name or social security number. The
information about each individual is called a ``record,'' and the
system, whether manual or computer-driven, 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 all other Department of
Education documents published in the Federal Register, in text or Adobe
Portable Document Format (PDF) on the Internet at the following site:
http://www.ed.gov/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 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: January 25, 2002.
Laurie Rich,
Assistant Secretary for Intergovernmental and Interagency, Affairs.
For the reasons discussed in the preamble, the Executive Director
of the White House Initiative on Educational Excellence for Hispanic
Americans of the U.S. Department of Education publishes a notice of a
new system of records to read as follows:
18-06-05
System Name:
Partners in Education.
Security Classification:
None.
System Locations:
The White House Initiative Partners in Education is located at the
White House Initiative on Educational Excellence for Hispanic
Americans, Office of Intergovernmental and
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Interagency Affairs, U.S. Department of Education, 400 Maryland Avenue,
SW., Federal Building 6, Room 5E110, Washington, DC 20202.
Categories of Individuals Covered by the System:
The system will contain information on individuals who have
indicated an interest in receiving information about the White House
Initiative, its publications and programs, and ways in which they can
become partners.
This system contains records containing an individual's name,
title, affiliation, mailing address, telephone number, fax, e-mail, and
representational category (e.g. parents, educators, schools, school
districts, businesses, etc.). The system generated identifier or
``key'' will consist of a combination of numbers and letters and is
produced by the system of records automatically.
Authority for Maintenance of the System:
Executive Order 13230, 66 FR 52841.
Purpose(s):
The information contained in the records maintained in this system
is used for the purposes of conducting individual, mass, and targeted
mailings of White House Initiative program information, publications,
and reports.
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) Other Agencies and Institutions. The Department may disclose
records from the representational categories to Federal, State, or
local agencies if the requested use is intended to fulfill that
Federal, State, or local agency's responsibilities under Executive
Order 13230, 66 FR 52841.
(2) Litigation and Alternative Dispute Resolution (ADR)
Disclosures.
(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 of Education, 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 if
the agency has agreed to represent the employee; or
(v) The United States if the Department determines that the
litigation is likely to affect the Department or any of its components.
(b) Disclosure to the Department of Justice. 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 or Judicial Disclosures. If the Department
determines that disclosure of certain records to an adjudicative body
before which the Department is authorized to appear, to an individual,
or to an entity designated by the Department or otherwise empowered to
mediate or resolve disputes is relevant and necessary to the
litigation, the Department may disclose those records as a routine use
to the adjudicative or judicial 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 in an administrative or judicial
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) 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.
(4) 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 that is compatible with the
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 that is compatible with the purposes of
this system of records. The researcher shall be required to maintain
Privacy Act safeguards with respect to the disclosed records.
(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.
(6) 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 or the Office of Management and Budget for the
purpose of obtaining their advice.
(7) Disclosure to the Department of Justice. 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.
Policies and Practices for Storing, Retrieving, Accessing, Retaining,
and Disposing of Records in the System:
Storage:
The records are maintained on a computer and backed up on magnetic
tape or other electronic media.
Retrievability:
Records will be retrieved by name, group, organization, and/or the
requestor's regional location for the purpose of conducting targeted
mailings.
Safeguards:
The system of records will be secured by permitting only designated
individuals within the White House Initiative program staff access to
the database. Furthermore, the designated individuals' access to
personal computers, the network, and the system of records will require
personal identifiers and unique passwords, which will be periodically
changed to prevent unauthorized access. The building in which the
system of records is housed is monitored by security personnel during
business and non-business hours.
Retention and Disposal:
The Department will retain and dispose of these records in
accordance
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with National Archives and Records Administration General Records
Schedule 20, Item 14 for electronic mail requests and General Records
Schedule 13, Item 14 for all other requests for information.
System Manager(s) and Address:
Associate Director, White House Initiative on Educational
Excellence for Hispanic Americans, Office of Intergovernmental and
Interagency Affairs, U.S. Department of Education, 400 Maryland Avenue,
SW., Room 5E110, Washington, DC 20202.
Notification Procedure:
If you wish to determine whether a record exists regarding you in
this system of records, provide the system manager with your name,
address, phone number, and affiliation. Requests must meet the
requirements of the regulations in 34 CFR 5b.5.
Record Access Procedures:
If you wish to gain access to a record in this system, contact the
system manager and provide information as described in the notification
procedure. Requests by an individual for access to a record must meet
the requirements of the regulations in 34 CFR 5b.5.
Contesting Record Procedures:
If you wish to contest a record in the system of records, contact
the system manager with the information described in the notification
procedure, identify the specific items you are contesting, and provide
a written justification for each item. Requests to amend a record must
meet the requirements of the regulations in 34 CFR 5b.7.
Record Source Categories:
Information in this system of records is obtained from individuals
who request, in writing, verbally, or electronically, to be listed on
the system of records in order to receive information. The individual's
affiliation will comprise the representational category. The system
generated identifier or ``key'' will consist of a combination numbers
and letters and is produced by the system of records automatically.
System Exempted From Certain Provisions of the Act:
None.
[FR Doc. 02-2227 Filed 1-29-02; 8:45 am]
BILLING CODE 4000-01-U