Privacy Act of 1974; Systems of Records

Federal RegisterJun 4, 1999

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SUMMARY: The Acting Chief Information Officer for the Department of

Education publishes this notice of New, Amended, Altered and Deleted

Systems of Records. On May 14, 1998, the President directed executive

departments and agencies to, among other things, review all systems for

accuracy, completeness and to ensure that all routine uses are needed

and consistent with the purposes for which the records were collected

in each system. This document is a result of that review.

DATES: Comments on the proposed routine uses for the systems of records

included in this notice must be received by the Department on or before

July 6, 1999. 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 May 14, 1999. The changes made

in this notice will become effective after the 30-day period for OMB

review of the systems expires on June 14, 1999; 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: All comments on the proposed routine uses should be

addressed to Bill Burrow, Office of Chief Information Officer, Acting

Information Management Group Leader, U.S. Department of Education, Room

5624 Regional Office Building, 400 Maryland Avenue, SW., Washington, DC

20202-4580. Telephone: 202-401-0250. Comments may also be sent through

the Internet to:

C[email protected]

You must include the term ``System of Records'' in the subject line of

the electronic comment.

All comments submitted in response to this notice will be available

for public inspection, during and after the comment period, in Room

5624 Regional Office Building, 7th and D Streets, S.W., 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.

On request the Department supplies 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 docket for this notice. An individual with a disability who

wants to schedule an appointment for this type of aid may call (202)

205-9265 or (202) 260-0250. An individual who uses a TDD may call the

Federal Information Relay Service at 1-800-877-8339 between 8 a.m. and

8 p.m., Eastern Time, Monday through Friday.

FOR FURTHER INFORMATION CONTACT: Bill Burrow, Office of Chief

Information Officer, Acting Information Management Group Leader, U.S.

Department of Education, Room 5624 Regional Office Building, 400

Maryland Avenue, SW., Washington, DC 20202-4580. Telephone: 202-401-

0250. Individuals who use a telecommunications device for the deaf

(TDD) may call the Federal Information Relay Service (FIRS) at 1-800-

877-8339 between 8 a.m. and 8 p.m., Eastern time, Monday through

Friday.

Individuals with disabilities may obtain this document in an

alternate format (e.g., Braille, large print, audiotape, or computer

diskette) on request to the contact person listed in the preceding

paragraph.

SUPPLEMENTARY INFORMATION:

Electronic Access to This Document

Anyone may view this document, as well as all other Department of

Education documents published in the Federal Register, in text or

Portable Document Format (PDF) on the World Wide Web 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 PDF, call the U.S. Government Printing

Office toll free at 1-888-293-6498.

Anyone may also view these documents in text copy only on an

electronic bulletin board of the Department. Telephone: (202) 219-1511

or, toll free, 1-800-222-4922. The documents are located under Option

G--Files/Announcements, Bulletins and Press Releases.

Note: The official version of this document is the document

published in the Federal Register.

Introduction

In a memorandum dated May 14, 1998, President Clinton directed

executive departments and agencies (agencies) to conduct a thorough

review for accuracy and completeness of all agency systems of records.

The President specifically directed agencies to consider changes in

technology, function and organization that may have made the systems

out of date and to review the routine uses published in the system

notices to make sure that they continue to be necessary and compatible

with the purposes for which they were collected. He also directed

agencies to identify systems that may not have been described in a

notice published in the Federal Register and to publish notices for any

changes to the agency systems of records and report to the Office of

Management and Budget within one year regarding the results of their

efforts.

The Act (5 U.S.C. 552a)(e)(4) requires the Department to publish in

the Federal Register this notice of changes to 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-driven, 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.

Most of the changes made by this notice are technical in nature,

reflecting the current name and address of the office responsible for

each system. Every effort has been made to update the notices to make

them more ``reader friendly,'' dispensing with traditional bureaucratic

language. As part of that process, all the routine uses have been

updated and, where the Department

[[Page 30107]]

intends to apply the same routine use to more than one system, the same

language is used for all systems that use the routine use. The intent

is not to substantively change any of the routine uses but to make them

clearer and consistent. However, because the Department is applying

these revisions to all of its systems of records, the Chief Information

Officer decided to treat all systems included in this notice as altered

systems of records.

Many of the system notices included in this Federal Register notice

have not been updated since they were published in a Federal Register

compilation of Department system notices on April 20, 1982. As a

result, revisions are needed to accurately describe the current systems

of records.

Deleted Systems

The Department identified 22 systems to be deleted after finding

that they are either no longer needed to administer the Department's

programs or activities or that they duplicate other systems maintained

by the Department or other agencies such as the Office of Personnel

Management. The numbers for these systems are based on the

identification system used by the Department up to this date.

18-07-0002 Congressional Correspondence.

18-11-0005 Safety Management Information System (Department of

Education Accident, Injury and Illness Reporting System).

18-11-0007 Applicants for Employment Records.

18-11-0010 Employee Alcoholism, Drug Abuse and Emotional Problem

Counseling and Referral Records.

18-11-0011 Employee Appraisal Program Records.

18-11-0012 Executive Development Records System.

18-11-0018 Personnel Records in Operating Offices.

18-11-0019 Special Employment Programs.

18-11-0020 Suitability for Employment Records.

18-11-0025 Employee Suggestion Program Records.

18-20-0001 Fund for the Improvement of Postsecondary Education;

FIPSE Field Readers to Review Proposals for the Department.

18-40-0002 Registry of Deaf-Blind Children/Regional-National.

18-40-0003 Students Participation in Deaf-Blind Programs Under

Centers and Services for Deaf-Blind Children.

18-40-0004 Parent Participants in Deaf-Blind Programs Provided by

Regional Centers for Deaf-Blind Children.

18-40-0005 Participant Waiting List for Projects Serving Severely

Handicapped Children and Youth.

18-40-0006 Participants of Projects Serving Severely Handicapped

Children and Youth.

18-40-0007 Participants in Workshops Concerning Severely

Handicapped Children and Youth.

18-40-0009 Selective Service Registration Compliance File.

18-40-0021 Student Financial Assistance--Compliance Files.

18-40-0032 Record of Advances of Funds for Employees Traveling for

the Department of Education.

18-40-0038 National Science Scholars Program.

18-42-0065 NIE Outside Experts.

New Numbering System

The Department establishes a new numbering system for its systems

of records. The following list identifies each system notice published

in this document based on the new numbering system.

18-01-01 Secretary's Communication Control System.

18-01-02 Education Senior Management Biographies.

18-02-01 Even Start Performance Information Reporting System and

Experimental Design Study.

18-03-01 Debarment and Suspension Proceedings Under Executive Order

12549, the Drug-Free Workplace Act, and the Federal Acquisition

Regulations.

18-03-02 Education's Central Automated Processing System (EDCAPS).

18-03-03 Receivables Management System.

18-03-04 Files and Lists of Potential and Current Consultants,

Grant Application Reviewers, Peer Reviewers, and Site Visitors.

18-04-01 Freedom of Information, Correspondence and Case Files.

18-04-02 Freedom of Information Act and Privacy Act Tracking

System.

18-05-01 Departmental Parking Control Policy.

18-05-02 Family Educational Rights and Privacy Act (FERPA) and

Protection of Pupil Rights Amendment (PPRA) Record Systems.

18-05-03 Federal Personnel Payroll System.

18-05-04 Discrimination Complaints Records System.

18-05-05 Grievances Filed Formally Under the Administrative

Grievance Procedures.

18-05-06 Grievance Records Filed Under Procedures Established by

Labor-Management Negotiations.

18-05-07 Unfair Labor Practice Records.

18-05-08 Official Time Records of Union Officials and Bargaining

Unit Employees at the Department of Education.

18-05-09 Voluntary Leave Transfer Program.

18-05-10 General Performance Appraisal System (GPAS).

18-05-11 Training Registration and Information System (TRAINS).

18-05-12 Grievances Filed Informally through the Informal Dispute

Resolution Center (IDR).

18-06-01 Federal Advisory Committee Membership Files.

18-06-02 Telephone Directory/Locator System.

18-06-03 Presidential Scholars Files of Selected Participants.

18-07-01 Congressional Members' Biographies.

18-07-02 Congressional Grant Notification Control System.

18-08-01 Case Information System.

18-08-02 Complaint Files and Log.

18-09-01 Administrative Claims.

18-09-02 OGC-Attorney Applicant Files.

18-09-03 Employee Conduct--Government Ethics.

18-09-04 Litigation Files, Administrative Complaints, and Adverse

Personnel Actions.

18-10-01 Investigative Files of the Inspector General.

18-10-02 Investigatory Material Complied for Personnel Security and

Suitability Purposes.

18-10-03 OIG Non-Federal Auditor Referral, Suspension, and

Debarment File.

18-10-04 Hotline Complaint Files of the Inspector General.

18-11-01 Federal Student Aid Application File.

18-11-02 Recipient Financial Management System.

18-11-03 Student Financial Assistance Validation File.

18-11-04 Student Financial Assistance-- Student Complaint Files.

18-11-05 Title IV Program Files.

18-11-06 National Student Loan Data System.

18-11-07 Student Financial Assistance Collection Files.

18-11-08 Student Account Management System. (Previously published

in the Federal Register of June 1, 1999).

18-11-09 Postsecondary Education Participants System (PEPS).

18-12-01 Title IV Foreign Language and Area Studies Program.

18-12-02 Fulbright-Hays Doctoral Dissertation Research Abroad,

Fulbright-Hays Faculty Research Abroad, and Fulbright-Hays Seminars

Abroad.

18-12-03 Jacob K. Javits Fellows System.

18-12-04 Title VI International Research and Studies Program.

18-13-01 National Center for Education Statistics Longitudinal

Studies and the School and Staffing Surveys.

18-13-02 National Center for Education Statistics Affidavits of

Nondisclosure.

18-13-03 National Center for Education Statistics' National

Assessment of Educational Progress.

18-13-04 Outcomes of Diversity in Higher Education Surveys.

18-14-01 Educationally Disadvantaged Students Attending Private

Schools Served Through Bypass Contracts.

18-14-02 Fellowships for Indian Students--Applications and Awards.

18-15-01 Bilingual Education Graduate Fellowship Program.

New Systems of Records

Of the systems identified in the preceding list, the following

systems of records have been identified as new:

[[Page 30108]]

18-02-01 Even Start Performance Information Reporting System and

Experimental Design Study.

18-04-02 Freedom of Information Act and Privacy Act Tracking

System.

18-05-09 Official Time Records of Union Officials and Bargaining

Unit Employees at the Department of Education.

18-05-10 Voluntary Leave Transfer Program.

18-05-11 General Performance Appraisal System (GPAS).

18-05-12 Training Registration and Information System (TRAINS).

18-07-01 Congressional Members' Biographies.

18-07-01 Congressional Grant Notification Control System.

18-11-07 Student Account Manager.

18-11-08 Postsecondary Education Participants System (PEPS).

18-12-03 Title VI International Research and Studies Program.

18-13-04 Outcomes of Diversity in Higher Education Surveys.

18-15-01 Bilingual Education Graduate Fellowship Program.

The following systems of records are in the current compilation of

systems of records and continue to be necessary for operation of

Department programs or activities. However, technical issues delayed

their inclusion in this publication. The Department will publish

revised notices for these systems as soon as the technical issues can

be resolved.

18-05-03 Federal Personnel Payroll System.

18-06-03 Presidential Scholars Files of Selected Participants.

18-11-04 Student Financial Assistance--Student Complaint Files.

18-11-06 National Student Loan Data System.

Dated: May 14, 1999.

Thomas P. Skelly,

Acting Chief Information Officer.

The Chief Information Officer of the U.S. Department of Education

publishes notice of the following systems of records managed by the

Department:

18-01-01

SYSTEM NAME:

Secretary's Communications Control System.

SECURITY CLASSIFICATION:

None.

SYSTEM LOCATION:

Office of the Executive Secretariat, Office of the Secretary, U.S.

Department of Education, 400 Maryland Avenue, SW., Room 7C114,

Washington, DC 20202. 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 about individuals who have contacted

the Secretary, Deputy Secretary, Senior Officers or other officials of

the Department for whom the Department controls responses.

CATEGORIES OF RECORDS IN THE SYSTEM:

This system includes the following types of records: (1) The

official correspondence files of each principal office within the

Department, and where applicable, a principal office's component

office, specifically the hard copies of official documents and

electronic images of certain incoming and outgoing documents; (2)

control information from the Secretary's, Deputy Secretary's, Senior

Officers' and other officials' correspondence that include a subject

narrative, the name of the organization drafting the response and the

type of action required from the Department; and (3) records of

responses to some telephone inquiries where officials determine that a

written response should be controlled.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:

5 U.S.C. 301.

PURPOSE(S):

This system of records is maintained to account for the

correspondence received by the Department, including correspondence

regarding individual concerns and complaints regarding programs

administered by the Secretary.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES

OF USERS AND THE PURPOSE 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 purpose 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) Government and Privacy Organization Disclosure. The Department

may disclose records to governmental entities and private organizations

as necessary to resolve complaints, provide guidance, respond to

requests for documents and information, and address concerns regarding

those entities and organizations.

(2) Congressional 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.

(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) or (d) of this routine use under the

conditions specified in those paragraphs:

(i) The Department of Education, 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; or

(iv) Any Department employee in his or her official 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 Disclosure. 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 litigation or an administrative

proceeding in which the Department has an interest is relevant and

necessary to the litigation or proceeding, the Department may disclose

those records as a routine use to the party, counsel, representative or

witness.

DISCLOSURE TO CONSUMER REPORTING AGENCIES:

Disclosures pursuant to 5 U.S.C. 552a(b) (12): The Department may

disclose to a consumer reporting agency

[[Page 30109]]

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:

The records are maintained in hard copy filed in standard file

cabinets; those stored electronically are located on computer disks and

on backup media.

RETRIEVABILITY:

Files are indexed and retrievable by subject, name of the

individual or by the document's control number that is assigned at the

time the correspondence is logged into the Department.

SAFEGUARDS:

All physical access to the Department of Education sites are

controlled and monitored by security personnel who check each

individual entering the building for his or her employee or visitor

badge. During working hours, direct access to the file cabinets is

limited to authorized staff. During non-working hours, the rooms in

which the file cabinets are located are locked and only those

individuals with access to those rooms can access the hard copies of

records.

The computer systems employed by the Department of Education offer

a high degree of resistance to tampering and circumvention.

RETENTION AND DISPOSAL:

Hard copy records are transferred to the Washington National

Records Center one year after cutoff then transferred to the National

Archives and Records Administration 10 years after cutoff. Control

records on computer are stored indefinitely. Electronic images are

retained based on regular records disposal or retention policies

identical to hard copies.

SYSTEM MANAGER(S) AND ADDRESS:

Executive Secretariat, Office of the Secretary, 400 Maryland

Avenue, SW., Room 7C114, Washington, DC 20202. See Appendix the end of

this system notice for additional system managers.

NOTIFICATION PROCEDURE:

If you wish to determine whether a record exists regarding you in

this system of records, contact the system manager at the address

listed in the Appendix at the end of this system notice. You should

indicate your name, the date of the subject documents and reasonable

description of the subject matter of the issue involved. Your request

must meet the requirements of the regulations at 34 CFR 5b.5, including

proof of identity.

RECORD ACCESS PROCEDURES:

To gain access to records regarding you in this system of records,

follow the Notification Procedure described above. Your request must

meet the requirements of the 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

this system of records, contact the system manager at the address

listed in the Appendix at the end of this system notice, and reasonably

identify the record and specify the information to be contested. Your

request must meet the requirements of the regulations at 34 CFR 5b.7.

RECORD SOURCE CATEGORIES:

Records are derived from documents addressed to or by the

Secretary, the Deputy Secretary, Senior Officials or other officials of

the Department.

SYSTEM EXEMPTED FROM CERTAIN PROVISIONS OF THE ACT:

None.

Appendix to 18-01-01

Additional System Locations and System Managers

Director, Correspondence & Communication Control Unit, Office of the

Executive Secretariat, Office of the Secretary, U.S. Department of

Education, 400 Maryland Avenue, SW., Room 7C114, Washington, DC

20202.

Management Analyst, Office of Chief Financial and Chief Information

Office, U.S. Department of Education, 400 Maryland Avenue, SW., Room

4E213, Washington, DC 20202.

Supervisor, Management and Program Analyst, Office for Civil Rights,

U.S. Department of Education, 330 C Street, SW., Room 5026,

Washington, DC 20202.

Staff Assistant, Office of the Deputy Secretary, U.S. Department of

Education, 400 Maryland Avenue, SW., Room 7W210, Washington, DC

20202.

Program Management Analyst, Office of Educational Research and

Improvement, U.S. Department of Education, 555 New Jersey Avenue,

NE., Room 602, Washington, DC 20202.

Policy Coordinator Analyst, Office of Elementary and Secondary

Education, U.S. Department of Education, 400 Maryland Avenue, SW.,

Room 3W337, Washington, DC 20202.

Operations Officer, Office of General Counsel, U.S. Department of

Education, 400 Maryland Avenue, SW., Room 6E353, Washington, DC

20202.

Staff Assistant, Office of Intergovernmental and Interagency

Affairs, U.S. Department of Education, 400 Maryland Avenue, SW.,

Room 5E317, Washington, DC 20202.

Director, Congressional Affairs, Office of Legislation and

Congressional Affairs, U.S. Department of Education, 400 Maryland

Avenue, SW., Room 7E301, Washington, DC 20202.

Director, Office of Management, U.S. Department of Education, 400

Maryland Avenue, SW., Room 2W300, Washington, DC 20202.

Deputy Director, Office of Public Affairs, U.S. Department of

Education, 400 Maryland Avenue, SW., Room 7E231, Washington, DC

20202.

Management and Program Analyst, Office of Postsecondary Education,

U.S. Department of Education, 400 Maryland Avenue, SW., Room 4082,

Washington, DC 20202.

Customer Service Specialist, Office of Special Education and

Rehabilitative Services, U.S. Department of Education, 400 Maryland

Avenue, SW., Room 3113, Washington, DC 20202.

Executive Secretariat Liaison, Office of Vocational and Adult

Education, U.S. Department of Education, 400 Maryland Avenue, SW.,

Room 4090, Washington, DC 20202.

18-01-02

SYSTEM NAME:

Education Senior Management Biographies.

SECURITY CLASSIFICATION:

None.

SYSTEM LOCATION:

Office of the Secretary, Office of Public Affairs (OPA), U.S.

Department of Education, 400 Maryland Avenue, SW., Room 7E200,

Washington, DC 20202.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:

This system contains information on Department of Education

(Department)senior management officials, including the Secretary,

Deputy Secretary, Under Secretary, General Counsel, and Assistant

Secretaries.

[[Page 30110]]

CATEGORIES OF RECORDS IN THE SYSTEM:

This system consists of a short biography and a standard portrait

photograph, both of which the senior Department official may elect to

provide. The biography includes the official's name, title, office, and

a brief overview of the duties performed at the Department.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:

5 U.S.C. 301

PURPOSES(S):

The information contained in this system is made available to the

public and staff of the Department who have an interest in seeing the

photographs or reading the background information on senior Department

officials.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES

OF USERS AND THE PURPOSE OF SUCH USES:

The Department (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) General Interest Disclosure. The records in this system may be

released to the public who have an interest in the background or

photographs or both of Department senior officials.

(2) Media Disclosure. The Department may disclose records in this

system for use by the news media and education organizations when

preparing articles, interviews or presentations at meetings with senior

Department officials.

DISCLOSURE TO CONSUMER REPORTING AGENCIES:

Not applicable to this system notice.

POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING,

AND DISPOSING OF RECORDS IN THE SYSTEM:

STORAGE:

The biographies and photographs are available in electronic format

on the Department's Internet website (http://www.ed.gov). Hard copies

of the biographies and photographs are kept in file cabinets in OPA and

in the individual offices of the respective Department senior

officials.

RETRIEVABILITY:

The biographies and photographs are indexed by the officials' last

names in alphabetical order. The general public is encouraged to access

this information via the Department's website (http://www.ed.gov). Hard

copies are retrieved by the last name of the senior Department

official.

SAFEGUARDS:

No safeguards are in place since the Department senior management

officials agree to the release of this information to the general

public.

RETENTION AND DISPOSAL:

Paper copies of biographical information of senior level officials

are transferred to the National Archives and Records Administration for

permanent preservation at the end of each calendar year. Electronic

copies of biographical information are periodically updated as

circumstances warrant due to promotions, reassignments, resignations

and death.

SYSTEM MANAGER AND ADDRESS:

Deputy Director, Office of Public Affairs (OPA), U.S. Department of

Education, 400 Maryland Avenue, SW., 7E200, 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,

title and office at the time your biographical information was

submitted. Requests for notification about an individual must meet the

requirements of the regulations at 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 the information described above in the

Notification Procedure.

CONTESTING RECORD PROCEDURES:

If you wish to contest the content of a record, contact the system

manager. Any requests to amend a record must meet the regulations at 34

CFR 5b.7.

RECORD SOURCE CATEGORIES:

Information in this system is obtained from the Offices of the

Secretary, the Deputy Secretary, the Under Secretary, the General

Counsel and the Assistant Secretaries.

SYSTEM EXEMPTED FROM CERTAIN PROVISIONS OF THE ACT:

None.

18-02-01

SYSTEM NAME:

Even Start Performance Information Reporting System and

Experimental Design Study.

SECURITY CLASSIFICATION:

None.

SYSTEM LOCATION(S):

Division of the Planning and Evaluation Service, Office of

Elementary and Secondary Education, U.S. Department of Education, 400

Maryland Avenue, SW., Room 6W231, Washington, DC 20202.

Fu Associates, Ltd., 2300 Clarendon Boulevard, Suite 1400,

Arlington, VA 22201.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:

This system contains records on the families and individuals

(parents and children) who are participants in the study.

CATEGORIES OF RECORDS IN THE SYSTEM:

This system consists of the names and addresses of the program

participants as well as their responses to interview questions.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:

20 U.S.C. 6369.

PURPOSE(S):

The information in this system is used for the following purposes:

(1) To fulfill the requirement in the Even Start legislation for

evaluation of the effectiveness of the Even Start program; (2) To

respond to the requirements of the Government Performance and Results

Act (GPRA) to report out annually on indicators of program performance;

(3) To meet the evaluation requirements of the Education Department's

General Administrative Regulations (EDGAR) which stipulate that all

grantees conduct annual evaluations; (4) To provide performance data

useful to local, State, and Federal administrators, legislators, and

policy-makers for program improvement and policy development; (5) To

improve on performance indicators that can be used to review the

program's implementation and impact; (6) To add to the knowledge base

on the effects of family literacy programs by investigating the

relationships between program processes and outcomes; (7) To provide

evaluation data that can serve as a base on which additional evaluation

studies that might be funded separately could build; and (8) To provide

an analysis of changes over time in areas such as the types of families

served by Even Start, the nature of Even Start projects, and the

estimated gains made by adults and children while in the program.

[[Page 30111]]

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES

OF USERS AND THE PURPOSE 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) 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 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

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.

(2) 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.

(3) 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.

(4) 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.

(5) Research Disclosure. The Department may disclose records to a

researcher if an appropriate official of the Department determines that

the individual or organization to which the disclosure would be made is

qualified to carry out specific research related to functions or

purposes of this system of records. The official may disclose records

from this system of records to that researcher solely for the purpose

of carrying out that research related to the functions or purposes of

this system of records. The researcher shall be required to maintain

Privacy Act safeguards with respect to the disclosed records.

(6) 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.

(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) 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.

DISCLOSURE TO CONSUMER REPORTING AGENCIES:

Not applicable to this system notice.

POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING,

AND DISPOSING OF RECORDS IN THE SYSTEM:

STORAGE:

The Department maintained records on CD-ROM and the contractor

maintains data for this system on computers and in hard copy.

RETRIEVABILITY:

Records in this system are indexed by a number assigned to each

individual which is cross referenced by the individual's name on a

separate list.

SAFEGUARDS:

All physical access to the Department of Education 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

[[Page 30112]]

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 maintained and disposed of in accordance with the

Department of Education's Records Disposition Schedules (ED/RDS).

SYSTEM MANAGER(S) AND ADDRESS:

Director, Division of the Planning and Evaluation Service, Office

of the Elementary and Secondary Education, U.S. Department of

Education, 400 Maryland Avenue, SW., Room 6W231, 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 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 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 regulations at 34 CFR 5b.7.

RECORD SOURCE CATEGORIES:

Responses from program participants.

SYSTEM EXEMPTED FROM CERTAIN PROVISIONS OF THE ACT:

None.

18-03-01

SYSTEM NAME:

Debarment and Suspension Proceedings under Executive Order (E.O.)

12549, the Drug-Free Workplace Act, and the Federal Acquisition

Regulation.

SECURITY CLASSIFICATION:

None.

SYSTEM LOCATION:

For records regarding actions under E.O. 12549 against individuals

who are involved in nonprocurement transactions related to Department

of Education programs, actions under the Drug-Free Workplace Act, and

actions under the FAR 9.4: Contracts & Purchasing Office, Office of the

Chief Financial Officer, U.S. Department of Education, Seventh and D

Streets, SW., Room 3600, ROB-3, Washington, DC 20202-4249.

For records regarding actions under E.O. 12549 against an

individual certified public accountant or principals of a CPA firm:

Planning, Analysis, and Management Services, Office of Inspector

General, U.S. Department of Education, 330 C Street, SW., Room 4022,

Switzer Building, Washington, DC 20202-1510.

For records regarding actions under E.O. 12549 against principals

of institutions of higher education, principals of lenders, or

principals of guarantee agencies: Administrative Actions and Appeals

Division, Institutional Participation and Oversight Service, Office of

Student Financial Assistance Programs, U.S. Department of Education,

Seventh & D Streets, SW., Room 3082, ROB-3, Washington, DC 20202-5267.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:

Principals undergoing debarment or suspension proceedings and

principals that have been debarred or suspended. Principals are

officers, directors, owners, partners, key employees, or other persons

who have a critical influence on or substantive control over a covered

transaction, whether or not employed by a participant. A participant is

any person who submits a proposal for, enters into, or reasonably may

be expected to enter into a covered transaction. A covered transaction

is described in the Department's regulations at 34 CFR 85.110(a)(1).

Individuals receiving grants subject to requirements under the Drug-

Free Workplace Act. Individual contractors undergoing debarment or

suspension proceedings and contractors that have been debarred or

suspended. Contractors covered by this system of records are

individuals that directly or indirectly submit offers for or are

awarded, or may reasonably be expected to submit offers for or be

awarded, a government contract, or who conduct business, or may

reasonably be expected to conduct business with the Department as an

agent or representative of another contractor.

CATEGORIES OF RECORDS IN THE SYSTEM:

Contains documents including written referrals, communications

between the Department and the respondent, intra-agency and inter-

agency communications regarding proposed or completed debarments or

suspensions, and a record of any findings from debarment or suspension

proceedings against individuals under E.O. 12549, the Drug-Free

Workplace Act, and the FAR 9.4.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:

Executive Order 12549, Debarment and Suspension; secs. 5151-5160 of

the Drug-Free Workplace Act; and the Federal Acquisition Regulation, 48

CFR part 9, subpart 9.4, Debarment, Suspension, and Ineligibility; Pub.

L. 103-355, sec. 2455.

PURPOSE(S):

Information contained in this system of records is used to protect

the Federal Government from the actions prohibited under the Department

of Education (Department) debarment and suspension regulations, Drug-

Free Workplace regulations, and the FAR; make decisions regarding

debarments and suspensions; and ensure that other Federal agencies give

effect to debarment or suspension decisions rendered by the Department.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES

OF USERS AND THE PURPOSE 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 Act, under

a computer matching agreement.

(1) Litigation Disclosure. 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 (2), (3), and (4) 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 employee of Department in his or her individual capacity

where the Department of Justice has agreed to provide or arrange for

representation for the employee; or

[[Page 30113]]

(iv) Any employee of Department in his or her individual capacity

where the agency has agreed to represent the employee; or

(v) The United States where Department determines that the

litigation is likely to affect the Department or any of its components.

(2) 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.

(3) 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 purposes for which the records were collected, the Department may

disclose those records as a routine use to the adjudicative body,

individual or entity.

(4) Opposing 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 and is compatible with the

purpose for which the records were collected, the Department may

disclose those records as a routine use to the counsel, representative

or witness.

(5) Disclosure to the General Services Administration. The

Department makes information contained in this system of records

available to the General Services Administration for inclusion in the

Lists of Parties Excluded from Federal Procurement or Nonprocurement

Programs.

(6) Disclosure to the Public. The Department provides information

to persons inquiring about individuals who have been debarred or

suspended by the Department as necessary to enforce debarment and

suspension actions.

(7) Enforcement Disclosure. In the event that information in this

system of records indicates, either on its face or in connection with

other information, a violation or potential violation of any applicable

statute, regulation, or order of a competent authority, the 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.

(8) FOIA Advice Disclosure. In the event 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) 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 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. Where the appropriate official of the

Department determines that an individual or organization is qualified

to carry out specific research, that official may disclose information

from this system of records to that researcher solely for the purpose

of carrying out that research. The researcher shall be required to

maintain Privacy Act safeguards with respect to such 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.

POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING,

AND DISPOSING OF RECORDS IN THE SYSTEM:

STORAGE:

Records are kept in file folders in locked file cabinets.

RETRIEVABILITY:

The records are indexed by the names of the individuals.

SAFEGUARDS:

All physical access to the site 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 badge.

Files are kept in locked file cabinets. Immediate access to these

records is restricted to authorized staff.

RETENTION AND DISPOSAL:

Pending disposal, Debarment and Suspension records are retained at

the system location. The Department will retain and dispose of the

records in accordance with the Department of Education Records

Disposition Schedules (ED/RDS).

SYSTEM MANAGER(S) AND ADDRESS:

Director, Grants Policy & Oversight Staff, Contracts & Purchasing

Office, Office of the Chief Financial Officer, U.S. Department of

Education, 400 Maryland Avenue, SW., Room 3652, ROB-3, Washington, DC

20202-0498.

Assistant Inspector General for Planning, Analysis, and Management

Services, Office of Inspector General, U.S. Department of Education,

Maryland Avenue, SW., Room 4022, Mary E. Switzer Building, Washington,

DC 20202-1510.

Director, Administrative Actions and Appeals Division,

Institutional Participation and Oversight Service, Office of Student

Financial Assistance Programs, U.S. Department of Education, 400

Maryland Avenue, SW., Room 3082, ROB-3, Washington, DC 20202-5267.

NOTIFICATION PROCEDURE:

If an individual wishes to determine whether a record exists

regarding him or her in this system of records, the individual must

provide the system manager his or her name, date of birth and social

security number. Requests for notification about an individual record

must meet the requirements of the regulations at 34 CFR 5b.5.

RECORD ACCESS PROCEDURES:

If an individual wishes to gain access to a record in this system,

he or she must contact the system manager and provide information as

described in the notification procedure. Requests for access to an

individual's record must meet the requirements of the regulations at 34

CFR 5b.5. Consistent with 5 U.S.C. 552a(e)(5), the Department retains

the discretion not to disclose records to an individual during the

course of a debarment or suspension proceeding against the individual.

CONTESTING RECORD PROCEDURES:

If an individual wishes to change the content of a record in the

system of records, he or she must contact the system manager with the

information described in the notification procedure, identify the

specific item(s) to be changed, and provide a written justification for

the change, including

[[Page 30114]]

any supporting documentation. Requests to amend a record must meet the

requirements of the regulations at 34 CFR 5b.7.

RECORD SOURCE CATEGORIES:

Department employees involved in the management of grants and

contracts, and other organizations or persons that may have relevant

information regarding participants and their principals.

SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS OF THE ACT:

None.

18-03-02

SYSTEM NAME:

Education's Central Automated Processing System (EDCAPS).

SECURITY CLASSIFICATION:

None.

SYSTEM LOCATION(S):

Recipient System (RS), Payment Management Service & Reporting Unit,

Financial Payments & Cash Management Operations, Office of the Chief

Financial Officer, U.S. Department of Education, 400 Maryland Avenue,

SW., Room 4W202, Washington, DC 20202.

Financial Management Software System (FMSS), General Ledger Systems

Group, Financial Reporting and Systems Operations, Office of the Chief

Financial Officer, U.S. Department of Education, 400 Maryland Avenue,

SW., Room 4W202, Washington, DC 20202.

Contracts and Purchasing Support System, Support Services Group,

Contracts and Purchasing Operations, Office of the Chief Financial

Officer, U.S. Department of Education, Seventh & D Streets, SW., Room

3616, ROB-3, Washington, DC 20202-4651. Contracts and Purchasing

Support System (CPSS) National Finance Center, Department of

Agriculture, New Orleans, Louisiana.

Grants Administration and Payments System (GAPS) Grants and

Contract Management System (GCMS) and the Payment Management System

(PMS). The grant application portion of GAPS will be managed by the

Grants Policy & Oversight Staff, Office of the Chief Financial Officer,

GSA Regional Office Building 3, Seventh & D Streets, SW, Room 3652,

Washington, DC 20202-4651. The GAPS payment process will be managed by

Payment Management Service & Reporting Unit, Financial Payments & Cash

Management Operations, Office of the Chief Financial Officer,

Washington, DC 20202.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:

Categories of individuals include employees of the Department,

consultants, contractors, grantees, advisory committee members, and

other individuals receiving funds from the department for performing

services for the Department. Although EDCAPS contains information about

institutions associated with individuals, the purpose for which the

Department collects and maintains information under this system of

records, and its usage of this information, pertains only to

individuals protected under the Privacy Act of 1974 (5 U.S.C. 552a).

CATEGORIES OF RECORDS IN THE SYSTEM:

Records in this system contain the individual's name, address,

Social Security number, eligibility codes, detailed and summary

obligation data, reports of expenditures, and grant management data,

including application and close out information.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:

44 U.S.C. 301.

PURPOSE(S):

The purpose of EDCAPS is to maintain financial and management

records associated with the normal operations of the Department.

Records are used for managing grant and contract awards, making

payments, accounting for goods and services provided and received,

enforcing eligibility requirements, conditions in awards and U.S. law

relating to transactions covered by the system, and defending the

Department in actions relating to those transactions. EDCAPS consists

of four subsystems, as follows:

RS (Recipient System)

RS serves as the recipient database for EDCAPS land the central

repository of recipients having a relationship with the Department

(e.g., receiving grantees.) It maintains core information about a

recipient and tracks reference data to support information on

recipients (e.g., countries, states, and congressional districts).

FMSS (Financial Management Software System)

The purpose of FMSS is to serve as the official general ledger for

the Department. It also performs all funds control checks for all

EDCAPS obligations, either by the GAPS or by a contractor of the

Department. FMSS maintains detailed information about obligations paid

to the contractor and maintains general ledger level balance

information for obligations paid directly by the Department through

GAPS.

GAPS (Grants Administration and Payment System)

The purpose of GAPS is to administer the grants award processing

from planning through closeout including disbursing funds to grants

recipients for certain Department programs. Summary payment data are

returned to FMSS for processing. GAPS maintains a record of grant

awards by the Department, including management information collected

during the award process. Payment information is retrievable in GAPS by

Taxpayer Identification Number (TIN). The TIN for an individual is the

social security number. The name, mailing address and other

characteristic data related to federal grants or institutional loans

are also maintained.

CPSS (Contract and Purchasing Support System)

The purpose of CPSS is to administer the contracts award process

from planning to closeout. CPSS shares information with FMSS. CPSS

maintains a record of contact awards by the Department, including

management information collected during the award process.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES

OF USERS AND THE PURPOSE 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

agreement.

(a) Litigation disclosure.

(1) Disclosure to the Department of Justice. If the Department

determines that disclosure of certain records to 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.

Such a disclosure may be made in the event that one of the parties

listed below is involved in the litigation, or has an interest in such

litigation:

(i) The Department or any component of the Department; or

(ii) Any employee of the Department 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 represent the

employee; or

[[Page 30115]]

(iv) Any employee of the Department in his or her individual

capacity where the agency has agreed to represent the employer; or

(v) The United States where the Department determines that the

litigation is likely to affect the Department or any of its components.

(2) Other litigation disclosures. If the Department determine that

disclosure of certain records to a court, adjudicative body before

which the Department is authorized to appear, individual or entity

designated by the Department or otherwise empowered to resolve

disputes, counsel or other representative, or potential witness 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 court, adjudicative body individual or

entity, counsel or other representative, or witness. Such a disclosure

may be made in the event that one of the parties listed below is

involved in the litigation, or has an interest in the litigation;

(i) The Department or any component of the Department; or

(ii) Any employee of the Department in his or her official

capacity; or

(iii) Any employee of the Department in his or her individual

capacity where the Department has agreed to represent the employee; or

(iv) The United States where the Department determines that

litigation is likely to affect the Department or any of its components.

(b) FOIA advice of disclosure. In the event the Department deems it

desirable or necessary, in determining whether particular records are

required to be disclosed under the Freedom of Information Act or other

authority permitting disclosure of records, disclosure may be made to

the Department of Justice for the purpose of obtaining its advice.

(c) Contract disclosure. The Department may disclose information

from this system of records as a routine use to the private firm or

contractor with which the Department contemplates it will contract or

with which it has contracted for the purpose of performing any

functions or analyses that facilitate or are relevant to an

investigation, audit, inspection, or other inquiry. Such contract or

private firm shall be required to maintain Privacy Act safeguards with

respect to such information.

(d) 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 or 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.

(e) 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 A CONSUMER REPORTING AGENCY:

Disclosures pursuant to 5 U.S.C. 552(a)(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(e)(4) 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 SYSTEMS:

STORAGE:

Records are maintained on microfilm, microfiche, disk packs and

magnetic tapes and stored in a retrievable file system.

RETRIEVABILITY:

Records are indexed by name, or other individual identifier, and

TIN. The records are retrieved by a manual or computer search by

indices.

SAFEGUARDS:

Direct access is restricted to authorized Department staff

performing official duties. Authorized staff are assigned passwords

which must be used for access to computerized data. Also, an additional

password is necessary to gain access to the system. The system-access

password is changed frequently. The data is maintained in a secured-

access area.

RETENTION AND DISPOSAL:

Files are regularly updated. Records are maintained for ten years.

Inactive records are purged from the automated file every five years.

SYSTEM MANAGER(S) AND ADDRESS:

The Registry System is managed by the Payment Management Service &

Reporting Unit, Financial Payments & Cash Management Operations, Office

of the Chief Financial Officer, U.S. Department of Education,

Washington, DC 20202.

The Financial Management Software System is managed by the General

Ledger Systems Group, Financial Reporting and Systems Operations,

Office of the Chief Financial Officer, U.S. Department of Education,

400 Maryland Avenue, SW., Washington, DC 20202.

The Contracts and Purchasing Support System is managed by the

Support Services Group, Contracts and Purchasing Operations, Office of

the Chief Financial Officer, U.S. Department of Education, 400 Maryland

Avenue, SW., Room 3616, ROB-3, Washington, DC 20202-4651.

The grant application portion of the Grants Administration and

Payments System will be managed by the Grants Policy & Oversight Staff,

Office of the Chief Financial Officer, U.S. Department of Education,

Room 3652, ROB-3, Washington, DC 20202-4651. The GAPS payment process

will be managed by Payment Management Service & Reporting Unit,

Financial Payments & Cash Management Operations, Office of the Chief

Financial Officer, U.S. Department of Education, 400 Maryland Avenue,

SW., Room 3332, Washington, DC 20202.

NOTIFICATION PROCEDURE:

If an individual wishes to determine whether a record pertaining to

him or herself is the system of records, the individual should provide

his or her name and Social Security number to the appropriate system

manager. Such request must meet the requirements in the regulations at

34 CFR 5b.5.

RECORD ACCESS PROCEDURES:

If an individual wishes to gain access to a record in this system,

he or she should contact the appropriate system manager and provide

information as described in the notification procedure. Requests by an

individual for access to a record must meet the requirements in the

regulations at 34 CFR 5b.5.

[[Page 30116]]

CONTESTING RECORD PROCEDURES:

If an individual wishes to change the content of a record

pertaining to himself or herself that is contained in the system or

records, he or she should contact the appropriate system manager with

the information described in the notification procedure, identify the

specific items requested to be changed, and provide a justification for

such change. A request to amend a record must meet the requirements in

the regulations at 34 CFR 5b.7.

RECORD SOURCE CATEGORIES:

Information in this system will be obtained from applicants

applying for a Department contract, grant, or loan at the time of

application. Information will also be obtained from Department program

offices, employees, consultants, and others performing personnel

services for the Department.

SYSTEM EXEMPTED FROM CERTAIN PROVISIONS OF THE ACT:

None.

18-03-03

SYSTEM NAME:

Receivables Management System.

SECURITY CLASSIFICATION:

None.

SYSTEM LOCATIONS:

Office of the Chief Financial Officer, Financial Improvement and

Receivables Group, U.S. Department of Education, 400 Maryland Avenue,

SW., Washington, DC 20202-4330.

Office of the Chief Information Officer, U.S. Department of

Education, Seventh and D Streets, SW., Washington, DC 20202.

Nationwide Credit, Inc., Credit Claims and Collection, 2253

Northwest Parkway, Marietta, GA 30067.

Payco American Corporation, 180 N. Executive Drive, Brookfield, WI

53005-6011.

CSC Credit Services, Inc., 7909 Parkwood Circle, Suite 200,

Houston, TX 77036-6565.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:

Individuals covered by the system include: Persons billed by the

Department of Education (Department) for materials and services such as

Freedom of Information Act requests and computer tapes of statistical

data, persons ordered by a court of law to pay restitutions to the

Department, individuals who received grants under the Bilingual

Education Fellowship Program and who have not provided evidence to the

Department of fulfilling their work requirements as described in the

Bilingual Education Fellowship Program Contract, individuals who have

received funds through the Rehabilitation Services Administration (RSA)

Scholarship program and who have not provided evidence of fulfilling

their obligations under that program, current and former Department

employees who received overpayments on travel allowances or who

received salary overpayments and the overpayments have not been waived

by the Department, individuals who were overpaid or inappropriately

paid under grant programs administered by the Department other than

Title IV of the Higher Education Act of 1965, as amended (HEA) and

claims against individuals, including orders by a court or other

authority to make restitution for the misuse of Federal funds in

connection with any program administered by the Department.

CATEGORIES OF RECORDS IN THE SYSTEM:

Documents maintained in the system include: activity logs, copies

of checks, contracts, court orders, letters of notice, promissory

notes, telephone logs, and related correspondence.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:

Federal Claims Collection Act of 1966; Debt Collection Act of 1982;

and the Debt Collection Improvement Act of 1996.

PURPOSE(S):

The Receivables Management System is a database system that is kept

for servicing general consumer debts owed to the Department and issuing

reports of operations and the status of accounts to the U.S. Department

of Treasury (Treasury) and the Office of Management and Budget. The

receivables are generated from bills to individuals for materials and

services from the Department, claims arising from court-ordered

restitutions for any program administered by the Department, loans and

overpayments to individuals under programs other than the student

financial assistance programs authorized under Title IV of the Higher

Education Act of 1965, as amended.

Records will be used by debt servicing staff to bill debtors to the

Department and collect the debts.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES

OF USERS AND THE PURPOSE 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. Disclosures under the following routine uses may be made

on a case-by-case basis or, in appropriate circumstances under computer

matching agreements authorized under the Privacy Act of 1974 (5 U.S.C.

552a). Records may be disclosed for the following debt servicing

program purposes:

(a) Program purposes: (1) To verify the identity and location of

the debtor, disclosures may be made to credit agencies and Federal

agencies. (2) To enforce the terms of a loan or where disclosure is

required by Federal law, disclosure may be made to credit agencies,

educational and financial institutions, and Federal, State, or local

agencies.

(b) Debt servicing. Records under routine use may be disclosed to

the United States Department of the Treasury and privately contracted

collection companies for debt servicing.

(c) Litigation disclosure. (1) 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 (2), (3) and (4) of this routine use under the

conditions specified in those paragraphs:

(i) The Department, or any component of the Department;

(ii) Any Department employee in his or her official capacity;

(iii) Any employee of the Department in his or her individual

capacity where the Department of Justice (DOJ) has agreed to provide or

arrange for representation for the employee;

(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.

(2) Disclosure to the DOJ. If the Department determines that

disclosure of certain records to the DOJ 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 DOJ.

(3) 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 disputes is

relevant and necessary to the

[[Page 30117]]

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.

(4) Opposing counsel, 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 and is compatible with the

purpose for which the records were collected, the Department may

disclose those records as a routine use to the counsel, representative

or witness.

(5) 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

this violation or charged with enforcing or implementing the statute,

or executive order or rule, regulation, or order issued pursuant

thereto.

(6) 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 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) 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.

(8) Employee grievance, complaint or conduct disclosure. Records

may be disclosed if a record maintained in this system of records is

relevant to present or former employee grievance, complaint, discipline

or competence determination proceedings of another agency of the

Federal Government. In this case, the Department may disclose the

record as a routine use in the course of the proceedings if the

disclosure is compatible with the purposes for this system of records.

(9) Labor organization disclosure. Records under this routine use

may be disclosed whenever a contract between a component of the

Department 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.

(10) Research disclosure. Records under this routine use may be

disclosed whenever an appropriate official of the Department determines

that an individual or organization 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

is required to maintain Privacy Act safeguards with respect to these

records.

(11) Freedom of Information Act (FOIA) Advice Disclosure. Records

under this routine use may be disclosed to the DOJ and the OMB in the

event that the Department deems it desirable or necessary in

determining whether particular records are required to be disclosed

under the FOIA.

(12) Disclosure to the Department of Justice. Records may be

disclosed under this routine use to the DOJ from this system of records

as a routine use 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.

(13) Congressional member disclosure. The Department may disclose

information from this system of 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 Members' right to

the information is no greater than the right of the individual who

requested it.

POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING,

AND DISPOSING OF RECORDS IN THE SYSTEM:

STORAGE:

Records under this system will be kept on paper files in metal file

cabinets and in data files in computers. They are stored in desk top

and mainframe computers with records backed up on magnetic media.

RETRIEVABILITY:

The data will be retrieved by name, loan or case number, or Social

Security number.

SAFEGUARDS:

All physical access to the sites of the Department of Education and

the contractors where this system of records is maintained, are

controlled and monitored by security personnel who check each

individual entering the building for an employee's or visitor's 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 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

are given a unique user ID. All interactions by individual users with

the system are recorded.

At contractor sites, access to all automated data processing

facilities are restricted by photo identification, sign-in and out

logs, CYPHER locks, or ID card readers. Smoke and fire detection

devices are installed and maintained operational on all facilities

including tape and disk library areas. Physical security of the

building involves restricted access as well as 24-hour security guard

at the ground-floor entrance to the building. Access to building is

obtained through the use of key entry doors. The system permits entry

to an individual only with an access code.

RETENTION AND DISPOSAL:

Records are disposed of in accordance with the National Archives

and Records Administration's General Records Schedule (GRS) 6, items

1a, 10b, and 10c; and GRS 7.

SYSTEM MANAGERS AND ADDRESS:

Director, Financial Improvement and Receivables Group, Office of

the Chief Financial Officer, U.S. Department of Education, 400 Maryland

Avenue, SW., Room 3117, Washington, DC 20202-4330.

NOTIFICATION PROCEDURE:

If an individual wishes to determine whether a record exists

regarding him or her in this system of records, the individual should

provide the system manager his or her name, Social Security number,

case or loan number, or other debt identifying number. Requests for

notification about an individual must meet the requirements in the

regulations at 34 CFR 5b.5.

RECORD ACCESS PROCEDURES:

If an individual wishes to gain access to a record in this system,

he or she should contact the system manager and

[[Page 30118]]

provide information described in the notification procedure. Requests

by an individual for access to a record must meet the requirements in

the regulations at 34 CFR 5b.5.

CONTESTING RECORD PROCEDURES:

If an individual wishes to change the content of a record in the

system of records, he or she 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 justification for

the change. Requests to amend a record must meet the requirements of

the regulations at 34 CFR 5b.7.

RECORD SOURCE CATEGORIES:

Information is obtained from Department program offices, debtors,

court orders, and probation officers.

EXEMPTIONS CLAIMED FOR THE SYSTEM:

None.

18-03-04

SYSTEM NAME:

Files and Lists of Potential and Current Consultants, Grant

Application Reviewers Peer Reviewers, and Site Visitors.

SECURITY CLASSIFICATION:

None.

SYSTEM LOCATION:

See the Appendix attached to this system notice.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:

Individuals who have been or may be used by the Department as

consultants, field readers, grant application reviewers, peer reviewers

or site visitors, to review and evaluate various program activities.

CATEGORIES OF RECORDS IN THE SYSTEM:

Name, address, telephone number, title, institutional or agency

affiliation, resume, social security number or other individual

identifier, compensation and/or reimbursement information (if any), and

area(s) of individual expertise of each individual serving as a

consultant, field reader, grant application reviewer or site visitor.

Records of past performance of individuals covered by this notice.

Disability (if special arrangement need to be made).

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:

20 U.S.C. 1221e-3(a)(1), (b), 1232, and 3474.

PURPOSE(S):

The Department uses the information in this system of records to

determine qualification and fitness of individuals the Department may

use to review and evaluate documents, programs, and projects of the

Department of Education, its grantees and contractors.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES

OF USERS AND PURPOSES OF SUCH USES:

The Department may disclose personally identifiable information

from this record system for the following purposes:

(1) 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.

(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 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

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.

(4) Employment, benefit, and contracting disclosure.

(5) For decisions by the Department. A record from this system of

records may be disclosed as a ``routine use'' to a Federal, state, or

local agency maintaining civil, criminal or other relevant enforcement

records or other pertinent records, such as current licenses, if

necessary to obtain a record relevant to an agency decision concerning

the hiring or retention of an employee, the issuance of a security

clearance, the letting of a contract, or the issuance of a license,

grant, or other benefit.

(6) For decisions by other Federal agencies. A record from this

system of records may be disclosed to a Federal agency, in response to

its request, in connection with the hiring or retention of an employee,

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 by the requesting agency, to the

extent that the record is relevant and necessary to the requesting

agency's decision on the matter.

(7) Employee conduct disclosure. If a record maintained by The

Department is relevant to an employee discipline or competence

determination proceeding of another agency of the Federal Government,

The Department may disclose the record in the course of the proceeding.

(8) Labor organization disclosure. Where a contract between a

component of the Department and a labor organization recognized under

Chapter 71, U.S.C. Title V provides that the agency will disclose

personal records relevant to the organization's mission, records in

this system of records may be disclosed to such an organization.

(9) FOIA advice disclosure. In the event 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.

(10) Contract disclosure. When the Department contemplates that it

will contract with a private firm for the purpose of collating,

analyzing, aggregating or otherwise refining records in this system.

Relevant records will be disclosed to such a contractor. The contractor

shall be required to maintain Privacy Act safeguards with respect to

such records.

[[Page 30119]]

(11) Research disclosure. The Department may, if the disclosure of

a record is compatible with the purpose for which the record was

collected, disclose a record from this system of records as a routine

use to individuals and organizations deemed qualified by the Secretary

to carry out specific research solely for the purpose of carrying out

such research.

POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING,

AND DISPOSING OF RECORDS IN THE SYSTEM:

STORAGE:

Records are maintained in file cabinets or card files and (in

limited locations) computer tapes and disks.

RETRIEVABILITY:

By name, title, area(s) of individual expertise, dates served,

institutional or agency affiliation, or social security number of

potential, current or past consultant, field reader, grant application

reviewer, or site visitor.

SAFEGUARDS:

Direct access is restricted to persons designated by system

managers to be responsible for maintenance of file(s) or decisions

regarding selection of consultants, field readers, grant application

reviewers, or site visitors. Automated locations are protected by

requiring a password as well as ID users' code.

RETENTION AND DISPOSAL:

Records regarding an individual are destroyed 5 years after the

last time the Department makes use of the individual's services.

SYSTEM MANAGER(S) AND ADDRESS:

Executive Office, Office of Chief Financial and Chief Information

Office, U.S. Department of Education, 400 Maryland Avenue, SW., Room

4E213, Washington, DC 20202. See the Appendix to this system notice for

additional system managers.

NOTIFICATION PROCEDURE:

Contact system manager of pertinent organizational component(s) and

provide identification information required under 34 CFR 5b.5.

RECORD ACCESS PROCEDURES:

Same as notification procedure above.

RECORD SOURCE CATEGORIES:

Information provided voluntarily by individuals interested in

serving as consultants, field readers, grant application reviewers, or

site visitors.

SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS OF THE ACT:

None.

Appendix to 18-03-04

Additional System Managers and System Locations

Supervisor, Management and Program Analyst, Office for Civil Rights,

U.S. Department of Education, 330 C Street, SW., Room 5026,

Washington, DC 20202.

Supervisor, Management and Program Analyst, Office for Civil Rights,

U.S. Department of Education, 330 C Street, SW., Room 5026,

Washington, DC 20202.

Policy Coordinator Analyst, Office of Elementary and Secondary

Education, U.S. Department of Education, 400 Maryland Avenue, SW.,

Room 3W337, Washington, DC 20202.

Director, Office of Management, U.S. Department of Education, 400

Maryland Avenue, SW., Room 2W300, Washington, DC 20202.

Management and Program Analyst, Office of Postsecondary Education,

U.S. Department of Education, 400 Maryland Avenue, SW., Room 4082,

Washington, DC 20202.

Customer Service Specialist, Office of Special Education and

Rehabilitative Services, U.S. Department of Education, 400 Maryland

Avenue, SW., Room 3113, Washington, DC 20202.

Executive Secretariat Liaison, Office of Vocational and Adult

Education, U.S. Department of Education, 400 Maryland Avenue, SW.,

Room 4090, Washington, DC 20202.

Director, International Education and Graduate Programs Service,

Office of Postsecondary Education, U.S. Department of Education, 400

Maryland Avenue, SW., Washington, DC 20202-5247.

Director, Office of Indian Education, Office of Elementary and

Secondary Education, 400 Maryland Avenue, SW., Room 4300, Portal

Building, Washington, DC 20202-6335.

18-04-02

SYSTEM NAME:

Freedom of Information Act and Privacy Act Tracking System.

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 at Headquarters and

Regional Offices.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:

This system contains records on individuals who have submitted or

were the subjects of 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) and the Privacy Act

of 1974 (5 U.S.C. 552a).

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 (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) 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.

(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 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 of Education, or any component of the

Department; or

[[Page 30120]]

(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.

(3) 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.

(4) 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.

(5) 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) 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 in machine-readable media.

RETRIEVABILITY:

Records are retrieved by the name of the individual, the date of

the request, the control tracking number and the associated principal

office.

SAFEGUARDS:

Access to the tracking system requires a user-ID and is strictly

limited to authorized individuals.

RETENTION AND DISPOSAL:

Information in the system is erased after 2 years.

SYSTEM MANAGER(S) AND ADDRESS:

Freedom of Information Officer and Privacy Act Officer, Information

Management Group, Office of the Chief Information Officer, 400 Maryland

Avenue, SW., Room 5624, ROB-3, Washington, DC 20202-2651. See the

Appendix at the end of this notice for a list of FOIA Coordinators.

NOTIFICATION PROCEDURE:

If you wish to inquire whether a record exists regarding you in

this system, you should contact the appropriate system manager.

Inquiries 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.

RECORD ACCESS PROCEDURES:

The Department systems of records that are exempt from certain

Privacy Act requirements may be included in this system as part of a

FOIA/PA case record. Such material retains its exemption if it is

included in this system of records. The section of this notice titled,

``Systems Exempted from Certain Provisions of the Act,'' explains the

exemptions for this system. Individuals wishing to request access to

their records should contact the system manager at the appropriate

office or region where their original Privacy Act and/or Freedom of

Information Act request was sent or from which they received responses

to such requests. Individuals requesting access must comply with the

Department's Privacy Act regulations regarding verification of identity

and access to records 34 CFR 5b.5.

CONTESTING RECORD PROCEDURES:

The Department systems of records that are exempt from certain

Privacy Act requirements may be included in this system as part of a

FOIA/PA case record. Such material retains its exemption if it is

included in this system of records. The section of this notice titled,

``Systems Exempted from Certain Provisions of the Act,'' explains the

exemptions for this system. Individuals wishing to request amendment to

their records should contact the system manager at the appropriate

office or region where their original Freedom of Information and/or

Privacy Act requests were sent or from which they received responses to

such requests. Individuals must furnish the following information for

their records to be located and identified:

RECORD SOURCE CATEGORIES:

Information in this system of records is obtained from the

individual to whom the information applies, officials of the

Department, 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 a FOIA/PA action, exempt materials from

those other systems may become part of the case records in this system.

To the extent that copies of exempt records from those other systems

are entered into these FOIA/PA case records, the office has claimed the

same exemptions for the records as they have in the original primary

systems of records of which they are a part.

Appendix to 18-04-02

FOIA Coordinators

Office of the Secretary, U.S. Department of Education, 400 Maryland

Avenue, SW., 400 Maryland Avenue, SW., Room 7C122, FOB-6,

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, FOB-6, Washington, DC 20202.

Office of Management, U.S. Department of Education, 400 Maryland

Avenue, SW., Room 2W211, FOB-6, Washington, DC 20202.

Office of Special Education and Rehabilitative Services, U.S.

Department of Education, 330 C Street, SW., Room 3112, Switzer

Building, Washington, DC 20202.

Office of Inspector General, U.S. Department of Education, 330 C

Street, SW., Room 4200, Switzer Building, Washington, DC 20202.

[[Page 30121]]

Office of Elementary and Secondary Education, U.S. Department of

Education, 400 Maryland Avenue, SW., Room 3W341, FOB-6, Washington,

DC 20202.

Office of Public Affairs, U.S. Department of Education, 400 Maryland

Avenue, SW., Room 7E201, FOB-6, Washington, DC 20202.

Office of Student Financial Assistance Programs, 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, FOB-6, Washington,

DC 20202.

Regional FOIA Review Officers

Region I: Deputy Regional Director, OCR, John W. McCormack P.O. and

Courthouse, Room 540, Post Office Square, Boston, MA 02105-4557.

Region II: Regional Director, OCR, 75 Park Place, 12th Floor, New

York NY 10278-0043.

Region III: Assistant to the Secretary's Regional Representative,

3535 Market Street, Room 16350, Philadelphia 19104-3398.

Region IV: Regional Director, OCR, 61 Forsyth Street, SW, Suite

19T40, Atlanta, GA 30303.

Region V: Education Program Specialist, Division of Dissemination,

OSFAP, 111 N. Canal Street, Suite 1094, Chicago, IL 60606.

Region VI: Education Program Specialist, 1200 Main Tower Building,

#2260, Dallas, TX 75202-4309.

Region VII: Education Program Specialist, OSFAP, 10220 N. Executive

Hills Blvd., 8th Floor, Kansas City, MO 64153-1367.

Region VIII: Public Information Specialist, Federal Office Building,

1244 Speer Blvd., Room 300, Denver, CO 80204-3582.

Region IX: Education Program Specialist, OSFAP, 50 United Nations

Plaza, San Francisco, CA 94102

Region X: Education Program Specialist, OSFAP, 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, Room

5624, ROB-3, 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 and related correspondence on

individuals who have submitted: Requests for information under the

provisions of the Freedom of Information Act (5 U.S.C. 552), including

requests for review of initial denials. Requests under the provisions

of the Privacy Act (5 U.S.C. 552a) for records about themselves,

including: Requests for notification of the existence of records about

them. Requests for access to these records. Requests for amendment of

these records. Requests for review of initial denials of such requests

for notification, access, and amendment. Requests for an accounting of

disclosure of records about them.

Note: Since these FOIA/PA case records contain inquiries and

requests regarding any of the Department's other systems of records

subject to the Privacy Act, information about individuals from any

of these other systems may become part of this Freedom of

Information Act and Privacy Act System.

CATEGORIES OF RECORDS IN THE SYSTEM:

This system contains correspondence and other documents related to

requests by individuals to the Department for: Information under the

provisions of the Privacy Act (5 U.S.C. 552), including requests for

review of initial denials of such requests. Information under the

provisions of the Privacy Act (5 U.S.C. 552a) and requests for review

of initial denials of such requests made under the Department's Privacy

Act regulations, including requests for: Notification of the existence

of records about them. Access to records about them. Amendment of

records about them. Review of initial denials of such requests for

notification, access, or amendment. Requests for an accounting of

disclosure of records about them.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:

Includes the following with any revisions or amendments: The

Freedom of Information Act (5 U.S.C. 552), the Privacy Act of 1974 (5

U.S.C. 552a), and the Department's Public Information Regulation (34

CFR part 5).

PURPOSE(S):

These records are maintained to process an individual's request

made under the provisions of the Freedom of Information and Privacy

Acts. The records are also used by the Department to prepare its

reports to OMB and Congress required by the Freedom of Information and

Privacy Acts.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES

OF USERS AND THE PURPOSES OF SUCH USES:

Information will be released for the purposes cited in Appendix B

of the Department's Privacy Act regulations (34 CFR part 5b).

Disclosure may be made to a Congressional office from the record of an

individual in response to an Inquiry from the Congressional office made

at the request of that individual. In the event of litigation where the

defendant is (a) the Department, any component of the Department, or

any employee of the Department in his or her official capacity; (b) the

United States where the Department determines that the claim, if

successful, is likely to affect directly the operations of the

Department or any of its components; or (c) any Department employee in

his or her individual capacity where the Department of Justice has

agreed to represent such employee. The Department may disclose such

records as it deems desirable or necessary to the Department of Justice

to enable that Department to present an effective defense, provided

such disclosure is compatible with the purpose for which the records

were collected.

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 machine-readable media and/or as

paper copies in file folders or binders.

RETRIEVABILITY:

For the most part, records are retrieved by the name of the

individual on whom they are maintained, the year of the request, and

the control tracking number. Records are available to FOIA staff

involved in correspondence and investigative processes, including

appeals officials and staff members of the OGC.

SAFEGUARDS:

Records are maintained in Conserva-File cabinets in the Office of

the Department's FOIA Officer and the Privacy Act Officer, and in the

offices of Department personnel whose duties require access. Access to

the FOIAS System, and to the associated paper

[[Page 30122]]

records is strictly limited to these individuals.

RETENTION AND DISPOSAL:

These records will be disposed of 5 years after the date of final

Department action on the case. Records are destroyed by shredding,

burning magnetic erasure, or the equivalent.

SYSTEM MANAGER(S) AND ADDRESS:

Freedom of Information Officer and Privacy Act Officer, Room 5624,

ROB-3, 400 Maryland Avenue, SW., Washington, DC 20202, are responsible

for Departmental records, including both FOIAS and paper records. The

appropriate Assistant Secretary, the General Counsel, the Office of the

Inspector General, and the Secretary's Regional Representatives are the

system managers for the Freedom of Information and Privacy Act records

maintained in their offices.

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 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 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 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. 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 a FOIA/PA action, exempt materials from

those other systems may become a part of the case records in this

system. To the extent that copies of exempt records from those other

systems are entered into these FOIA/PA case records, the office has

claimed the same exemptions for the records as they have in the

original primary systems of records of which they are a part.

Appendix to 18-04-02

Additional System Locations and System Managers

Region I: Deputy Regional Director, OCR, John W. McCormack PO and

Courthouse, Room 540, Post Office Square, Boston, MA 02105-4557.

Region II: Regional Director, OCR, 75 Park Place, 12th Floor, New

York NY 10278-0043.

Region III: Assistant to the Secretary's Regional Representative,

3535 Market Street, Room 16350, Philadelphia 19104-3398.

Region IV: Regional Director, OCR, 61 Forsyth Street, SW., Suite

19T40, Atlanta, GA 30303.

Region V: Education Program Specialist, Division of Dissemination,

OSFAP, 111 N. Canal Street, Suite 1094, Chicago, IL 60606.

Region VI: Education Program Specialist, 1200 Main Tower Building,

#2260, Dallas, TX 75202-4309.

Region VII: Education Program Specialist, OSFAP, 10220 N. Executive

Hills Blvd., 8th Floor, Kansas City, MO 64153-1367.

Region VIII: Public Information Specialist, Federal Office Building,

1244 Speer Blvd., Room 300, Denver, CO 80204-3582.

Region IX: Education Program Specialist, OSFAP, 50 United Nations

Plaza, San Francisco, CA 94102.

Region X: Education Program Specialist, OSFAP, 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.

18-05-01

SYSTEM NAME:

Departmental Parking Control Policy.

SECURITY CLASSIFICATION:

None.

SYSTEM LOCATION:

Director, Quality Workplace Group, Office of Management, U.S.

Department of Education, 400 Maryland Avenue, SW., Room 2E315,

Washington, DC 20202.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:

All Department employees and non-Department carpool members

utilizing parking facilities.

CATEGORIES OF RECORDS IN THE SYSTEM:

This system includes the following information on all persons

applying for a parking permit: Name, office room number, office phone

number, agency, home address, and automobile license number.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:

63 Stat. 377;41 CFR 101-20.111.

PURPOSE(S):

The information contained in this system is used to: (1) Provide

standards for apportionment and assignment of parking spaces on

Department-managed and Department-controlled property and on property

assigned to the Department by the General Services Administration or

any other Agency, and (2) allocate and check parking spaces assigned to

government vehicles, visitors, handicapped personnel, executive

personnel, carpool and van pools and others.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES

OF USERS ND THE PURPOSES OF SUCH USE:

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) Congressional Member Disclosure. The Department may disclosure

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.

(2) Litigation and Alternative Dispute Resolution (ADR) Disclosure.

(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 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

where the agency has agreed to represent the employee; or

[[Page 30123]]

(v) The United States where the Department determines that the

litigation is likely to affect the Department or any of its components.

(3) 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.

(4) 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.

POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING,

AND DISPOSING OF RECORDS IN THE SYSTEM:

STORAGE:

Records are stored in binders in file cabinets.

RETRIEVABILITY:

Records are filed alphabetically by location.

SAFEGUARDS:

All physical access to the Department of Education site 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.

RETENTION AND DISPOSAL:

Superseded policy materials are maintained by the Director, Quality

Workplace Group for historical purposes. Records at other Department

locations are maintained until the Parking Control purpose has been

met, and the records are then destroyed.

SYSTEM MANAGER(S) AND ADDRESS:

Director, Quality Work Group (QWG), Office of Management, U.S.

Department of Education, 400 Maryland Avenue, SW., Room 2E315,

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,

social security number, agency and office and the location where

Department parking is provided. Your request must meet the requirements

of the regulations at 34 CFR 5b.5, including proof of identity.

RECORD ACCESS PROCEDURES:

Same as Notification Procedure. Requesters should also reasonably

specify the record contents sought. Your request must meet the

requirements of the regulations at 34 CFR 5b.5, including proof of

identity.

CONTESTING RECORD PROCEDURES:

Contact the system manager at the address specified under

notification procedure above, and reasonably identify the record and

specify the information to be contested. Your request must meet the

requirements of the regulations at 34 CFR 5b.7.

RECORD SOURCE CATEGORIES:

Information in this system are obtained from reports submitted by

Department Staff, Principal Offices and Regional Offices, GSA-Federal

Management circulars and Federal Property Management Regulations.

SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS OF THE ACT:

None.

18-05-02

SYSTEM NAME:

Family Educational Rights and Privacy Act (FERPA) and the

Protection of Pupil Rights Amendment (PPRA) Record Systems.

SECURITY CLASSIFICATION:

None.

SYSTEM LOCATION:

Family Policy Compliance Office, Office of Management, U.S.

Department of Education, Room 2W100, Washington, DC 20202-4506.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:

Individuals who have made inquiries or who have filed complaints

alleging violations of provisions in FERPA and PPRA; and those who have

commented to the Department on its proposed rules and practices.

CATEGORIES OF RECORDS IN THE SYSTEM:

This system consists of correspondence alleging violations of FERPA

and PPRA as well as comments submitted to the Department on its

proposed rules and practices.

AUTHORITY OF MAINTENANCE OF SYSTEM:

Family Educational Rights and Privacy Act (20 U.S.C. 1232g) and

Protection of Pupil Rights Amendment (20 U.S.C. 1232h).

PURPOSE(S):

Information contained in this system is used to resolve disputes

regarding violations of FERPA and PPRA.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES

OF USERS AND THE PURPOSE 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) Member of Congress 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.

(2) Educational Agency or Institution. The Department may

disclosure records from this system of records to an educational agency

or institution against which a complaint has been made.

(3) State Educational Agency. The Department may disclose records

to a State educational agency relative to an educational agency or

institution in that State against which a complaint has been filed.

(4) 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.

(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 FERPA or PPRA investigations or

other enforcement responsibilities under FERPA or PPRA;

(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.

[[Page 30124]]

(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) 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.

(9) 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 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

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.

DISCLOSURE TO CONSUMER REPORTING AGENCIES:

Not applicable to this system of records.

POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING,

AND DISPOSING OF RECORDS IN THE SYSTEM:

STORAGE:

The records are maintained in hard-copy form filed in standard

lockable file cabinets, or on electronic files in which case document

disks are kept in lockable file cabinets.

RETRIEVABILITY:

Records are indexed under the names of institutions against which

individuals are alleging violations of FERPA.

SAFEGUARDS:

Direct access is restricted to FPCO staff; main files are left in

locked file cabinets when not in use.

RETENTION AND DISPOSAL:

Inquiry records are maintained a minimum of three years; complaint

and investigative records are maintained a minimum of five years after

the case is closed.

SYSTEM MANAGER(S) AND ADDRESS:

Director, Family Policy Compliance Office, U.S. Department of

Education, 400 Maryland Avenue, SW., Room 2W100, Washington, DC 20202-

4056.

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 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 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 regulations at 34 CFR 5b.7.

RECORD SOURCE CATEGORIES:

The information in this system is obtained from incoming

correspondence, responses and material obtained during the course of

any investigation.

SYSTEM EXEMPTED FROM CERTAIN PROVISIONS OF THE ACT:

None.

18-05-04

SYSTEM NAME:

Discrimination Complaints Records System.

SECURITY CLASSIFICATION:

None.

SYSTEM LOCATION:

Equal Employment Opportunity Group, Office of Management, U.S.

Department of Education, 400 Maryland Avenue SW, Room 2W228,

Washington, DC 20202-4550.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:

This system contains records on individuals--employees as well as

applicants for employment--or groups of individuals who have filed

Equal Employment Opportunity (EEO) complaints of discrimination on the

basis of race, color, religion, sex (including sexual harassment or

sexual orientation), national origin, age, disability, or reprisal for

having engaged in a prior EEO activity.

CATEGORIES OF RECORDS IN THE SYSTEM:

This system of records consists of records concerning the

Department's formal complaints of discrimination processes, including

counselor' reports, the initial allegations and efforts at resolution,

letters or notices to the individual or class agent, materials placed

into the record to support or refute the decision or determination,

statements to witnesses, investigative reports, instructions about

action to be taken to comply with decisions, and related

correspondence, opinions and recommendations.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:

42 U.S.C. 2000e; 29 U.S.C. 633a; Executive Order 11478; 29 CFR

1614.

PURPOSE(S):

The Equal Employment Opportunity Group uses the information

contained in this system to adjudicate complaints or appeals, to

provide a basis for a corrective action related to the discrimination

situation and as a data source for management information for

production of descriptive statistics and analytical studies.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES

OF USERS AND THE PURPOSES OF SUCH USES:

The Department (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 to OMB, MSPB and EEOC. The Department may disclose

records to the Office of Personnel Management, Merit Systems Protection

Board (including its Office of the Special Counsel), or the Equal

[[Page 30125]]

Employment Opportunity Commission for the purpose of carrying out their

functions.

(2) 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.

(3) Litigation and Alternative Dispute Resolution (ADR)

Disclosures.

(a) Introduction. In the event of litigation where 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; or

(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 directly 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.

DISCLOSURE TO CONSUMER REPORTING AGENCIES:

Not applicable to this system of records.

POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING,

AND DISPOSING OF RECORDS IN THE SYSTEM:

STORAGE:

The records are maintained in file folders and binders inside a

file room centrally situated within the EEOG office.

RETRIEVABILITY:

The records are indexed by formal complaint case numbers, and

cross-referenced by a separate log identifying the names of the

individuals or class agents on whom they are maintained.

SAFEGUARDS:

Access to and use of these records are limited to those persons

whose official duties require access. Physical security of the file

room and entire office area involves lockable entry doors with off-the-

master keys.

RETENTION AND DISPOSAL:

The complaint cases of discrimination may be retired to the Federal

Records Center three years after their final disposition through the

administrative (and judicial, as applicable) processes.

SYSTEM MANAGERS AND ADDRESS:

Director, Equal Employment Opportunity Group, Office of Management,

U.S. Department of Education, 400 Maryland Avenue, SW., Washington, DC

20202-4550.

NOTIFICATION PROCEDURE:

If you wish to determine if a record exists regarding you in this

system of records, contact the system manager at the address listed

above. You should include your name, date of birth, Departmental

principal office in which the situation arose, the approximate date,

and the type of action taken. Your request must meet the requirements

of the regulations at 34 CFR 5b.5, including proof of identity.

RECORD ACCESS PROCEDURES:

If you wish to gain access to records regarding you in this system

of records, follow the procedures described above under Notification

Procedure. You should also reasonably specify the record contents being

sought. Your request must meet the requirements of the regulations at

34 CFR 5b.5, including proof of identity.

CONTESTING RECORD PROCEDURES:

If you wish to contest information contained in this system of

records, you should contact the system manager at the address listed

above. You should reasonably identify the record and specify the

information to be contested. Your request should satisfy the

requirements of the regulations at 34 CFR 5b.7.

RECORD SOURCE CATEGORIES:

Information in this system is obtained from individuals to whom the

record pertains, Department officials or other officials, statements

from employees or other witnesses, official documents pertinent to the

complaint and correspondence from specific organizations or persons.

SYSTEM EXEMPTED FROM CERTAIN PROVISIONS OF THE ACT:

None.

18-05-05

SYSTEM NAME:

Grievances Filed Formally Under the Administrative Grievance

Procedure.

SECURITY CLASSIFICATION:

None.

SYSTEM LOCATION:

Human Resources Group, Office of Management, U.S. Department of

Education, 400 Maryland Avenue, SW., Room 2E200, Washington, DC 20202.

See the Appendix at the end of this system notice for additional

locations.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:

This system contains records on non-bargaining unit employees of

the Department regardless of type of appointment, who individually or

as a group, request personal relief in a matter of concern or

dissatisfaction which is subject to the control of Department

management. This includes former employees of the Department for whom a

remedy can be provided as well as applicants.

CATEGORIES OF RECORDS IN THE SYSTEM:

Information or documents relating to the grievance and personal

relief sought, materials used in consideration of the grievance, and

correspondence related to disposition of the grievance, including but

not limited to the formal grievance, fact finder's report, final

decision, and all other related documents.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:

5 U.S.C. 1302.

PURPOSE(S):

The information contained in this system is to consider and settle

matters of dissatisfaction or concern of covered individuals.

[[Page 30126]]

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES

OF USERS AND THE PURPOSE 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 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 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

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 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

[[Page 30127]]

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 to this system of records.

POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING,

AND DISPOSING OF RECORDS IN THE SYSTEM:

STORAGE:

Records are maintained in hard copy stored in file folders, on

computers and in handwritten logs for Human Resources. Summary data of

records are also maintained in a computerized tracking system.

RETRIEVABILITY:

Records are indexed alphabetically by organization and year.

SAFEGUARDS:

Access to and use of these records are limited to those persons

with a ``need-to-know'' and whose official duties require such access.

Personnel screening is employed to prevent unauthorized disclosure.

Computers are password protected for individuals with access. All data

bases are designed with stringent security measures to control

individual users' ability to access and alter records within the

system.

RETENTION AND DISPOSAL:

Records are retained for three (3) years after the grievance case

is closed, and are then destroyed, as set forth in the General Records

Schedule 1, Civilian Personnel Records, Item 30(a).

SYSTEM MANAGER(S) AND ADDRESS:

Director, Labor Relations Group, Office of Management, U.S.

Department of Education, 400 Maryland Avenue, SW., Room 2W300,

Washington, DC 20202. See the Appendix at the end of this system 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. Your request must

meet the requirements of the regulations at 34 CFR 5b.5, including

proof of identity.

RECORD ACCESS PROCEDURES:

If you wish to gain access to records regarding you in this system

of records, contact the system manager at the address listed above and

follow the steps outlined in the Notification Procedure. Your request

must meet the requirements of the regulations at 34 CFR 5b.5, including

proof of identity.

CONTESTING RECORD PROCEDURES:

If you wish to contest the content of a record in this system of

records, contact the system manager at the address listed above. Your

request must meet the requirements of the regulations at 34 CFR 5b.7,

including proof of identity.

RECORD SOURCE CATEGORIES:

Information in this system of records is supplied from the

following sources: Directly by the individual filing the grievance,

from information supplied by the individual, by testimony of witnesses,

employee representatives, Department employees or officials.

SYSTEM EXEMPTED FROM CERTAIN PROVISIONS OF THE ACT:

None.

Appendix to 18-05-05

Additional System Locations and System Managers

Director, Human Resources Group, Office of Management, U.S.

Department of Education, 400 Maryland Avenue, SW., Washington, DC

20202.

Employee Relations Team, Office of Management, U.S. Department of

Education, 400 Maryland Avenue, SW., Room 2E233, Washington, DC

20202-4737.

U.S. Department of Education, Regional Personnel Office O'Neill

Federal Building, 10 Causeway Street, Room 1095 Boston, MA 02222.

U.S. Department of Education, Regional Personnel Office 75 Park

Place, 12th Floor, New York, NY 10007.

U.S. Department of Education, Regional Personnel Office 3535 Market

Street, Room 16300, Philadelphia, PA 19104.

U.S. Department of Education, Regional Personnel Office 61 Forsyth

Street, SW, Suite 18T55, Atlanta, GA 30303.

U.S. Department of Education, Regional Personnel Office 111 N. Canal

Street, Room 1084, Chicago, IL 60606.

U.S. Department of Education, Regional Personnel Office 1999 Bryan

Street, Suite 2710, Dallas, TX 75201-6817.

U.S. Department of Education, Regional Personnel Office 10220 North

Executive Hills Boulevard, 9th Floor, Kansas City, MO 64153.

U.S. Department of Education, Regional Personnel Office 1244 Speer

Boulevard, Room 353, Denver, CO 80204-3582.

U.S. Department of Education, Regional Personnel Office 50 United

Nations Plaza, Room 207, San Francisco, CA 94102-4987.

U.S. Department of Education, Regional Personnel Office 915 Second

Avenue, Room 3388, Seattle, WA 98174-1099.

18-05-06

SYSTEM NAME:

Grievance Records Filed under Procedures Established By Labor-

Management Negotiations.

SECURITY CLASSIFICATION:

None.

SYSTEM LOCATION:

Labor Relations Group, Office of Management, U.S. Department of

Education, 400 Maryland Ave., SW., Room 2C136, Washington, DC 20202-

4754.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:

This system contains records on present and past bargaining unit

employees of the Department covered by the Collective Bargaining

Agreement between the Department and American Federation of Government

Employees Council 252.

CATEGORIES OF RECORDS IN THE SYSTEM:

This system of records consists of a variety of records relating to

an employee's grievance filed under procedures established by labor-

management negotiations including employee's name, Social Security

number, grade, job title, testimony of witnesses, material placed into

the record to support the decision, the arbitrator's decision, the

arbitrator's report, and a record of an appeal to the Federal Labor

Relations Authority.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:

5 U.S.C. 7101.

PURPOSE(S):

The information in this system is used to make determinations and

to document a decision made on a grievance filed by an employee under

the negotiated grievance procedures. Information from this system may

be used by Department officials for preparing statistical summary or

management 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

[[Page 30128]]

Act, under a computer matching agreement.

(1) Agency Disclosure. The Department may disclose information from

this system to the Office of Personnel Management, Merit Systems

Protection Board (including its Office of Special Counsel), Equal

Employment Opportunity Commission, and the Federal Labor Relations

Authority (including the General Counsel of the Authority and the

Federal Systems Impasses Panel) to facilitate their administrative or

enforcement functions.

(2) 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.

(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 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) 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.

(5) 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.

(6) 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.

(7) 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.

(8) 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 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

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;

(vi) The arbitrator that the Department and AFGE Council 252

contracts to hear arbitration hearings as the result of invocation of

arbitration under the collective bargaining agreement between them.

(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.

DISCLOSURE TO CONSUMER REPORTING AGENCIES:

Not applicable to this system of records.

POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING,

AND DISPOSING OF RECORDS IN THE SYSTEM:

STORAGE:

Records are maintained in hard copy and a list of individual names

is maintained in electronic media.

RETRIEVABILTY:

Records are retrievable by file number which are cross-referenced

by individual names.

SAFEGUARDS:

When not in use by authorized persons, these records are stored in

metal file cabinets stored within the secured suite of the Labor

Relations Group. Access to and use of these records are limited to

personnel who have a need for the records in the performance of their

duties.

RETENTION AND DISPOSAL:

Records are destroyed 5 years after final resolution of case.

SYSTEM MANAGER(s) AND ADDRESS:

Director, Labor Relations Group, Office of Management, U.S.

Department of Education, 400 Maryland Ave., SW., Room 2C136,

Washington, DC 20202-4754.

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,

approximate date of grievance, and management

[[Page 30129]]

component and/or individual against whom the grievance was filed. Your

request must meet the requirements of the 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, contact the

system manager at the above address. Your request must meet the

requirements of the at 34 CFR 5b.5, including proof of identity.

CONTESTING RECORD PROCEDURES:

If you wish to contest the content of records regarding you in this

system, contact the system manager at the above address and reasonably

identify the record and specify the information contested. Your request

must meet the requirements of the regulations at 34 CFR 5b.7.

RECORD SOURCE CATEGORIES:

Information in this system of records is obtained directly from

information supplied by the individual; testimony of witnesses, union

officials, or by Department officials.

SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS OF THE ACT:

None.

18-05-07

SYSTEM NAME:

Unfair Labor Practice Records.

SYSTEM CLASSIFICATION:

None.

SYSTEM LOCATION:

Labor Relations Group, Office of Management, U.S. Department of

Education, 400 Maryland Ave., SW., Room 2C136, Washington, DC 20202-

4754.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:

This system contains records on present and past Department

employees and union officials.

CATEGORIES OF RECORDS IN THE SYSTEM:

This system of records consists of a variety of records relating to

an unfair labor practice charge including the employee's name, Social

Security number, grade, job title, employment history and a variety of

work and personnel records associated with the charges and required

under proceedings established by 5 U.S.C. 7101 and Department of Labor

Regulations.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:

5 U.S.C. 7101.

PURPOSES:

The information in this system is used in the processing,

investigation and litigation of unfair labor practice charges that may

be filed by the AFGE Council 252, any of the AFGE Local offices located

at Department Headquarters and each of 10 regional offices and by

bargaining unit employees 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 (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) Agency Disclosure. The Department may disclose information from

this system to the Office of Personnel Management, Merit Systems

Protection Board (including its Office of Special Counsel), Equal

Employment Opportunity Commission, and the Federal Labor Relations

Authority (including the General Counsel of the Authority and the

Federal Systems Impasses Panel) to facilitate their administrative or

enforcement functions.

(2) 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.

(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 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

where the agency has agreed to represent the employee; or

1(v) The United States where the Department determines that the

litigation is likely to affect the Department or any of its components;

(vi) The arbitrator that the Department and AFGE Council 252

contracts to he

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Privacy Act of 1974; Systems of Records · 64 FR 30106 | Frix