[Federal Register Volume 65, Number 196 (Tuesday, October 10, 2000)]
[Notices]
[Pages 60172-60174]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-25942]


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DEPARTMENT OF EDUCATION


Privacy Act of 1974; System of Records

AGENCY: Office of Postsecondary Education, ED.

ACTION: Notice of a New System of Records.

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SUMMARY: In accordance with the Privacy Act of 1974, as amended, the 
Department of Education (ED) publishes this notice of a new system of 
records entitled ``Teacher Quality Recruitment Scholarship System (18-
12-06).'' The system will contain information about the current and 
former scholarship recipients, scholarship awards, terms of the 
scholarship, data about the amount and percentage of teaching time, 
certification and employing information about the employing school and 
school district. The Department seeks comment on this new system of 
records described in this notice, in accordance with the requirements 
of the Privacy Act.

DATES: We must receive your comments on the proposed routine uses for 
the system of records included in this notice on or before November 9, 
2000. The Department filed a report describing the new system of 
records covered by this notice with the Chair of the Committee on 
Governmental Affairs of the Senate, the Chair of the Committee on 
Government Reform and Oversight of the House, and the Administrator of 
the Office of Information and Regulatory Affairs, Office of Management 
and Budget (OMB) on October 4, 2000. The changes made in this notice 
will become effective after the 30-day period for OMB review of the 
system expires on November 3, 2000, unless OMB gives specific notice 
within the 30 days that the changes are not approved for implementation 
or requests an additional 10 days for its review. The routine uses 
become effective November 9, 2000 unless they need to be changed as a 
result of public comment or OMB review. The Department will publish any 
changes to the routine uses.

ADDRESSES: Address all comments about the proposed routine uses to John 
Tressler, Office of Chief Information Officer, U.S. Department of 
Education, 400 Maryland Avenue, SW., room 4082 ROB-3, Washington, DC 
20202-4580. Telephone: (202) 708-8900. If you prefer to send comments 
through the Internet, use the following address: [email protected].
    You must include the term ``SOR Teacher Quality'' in the subject 
line of the electronic message.
    During and after the comment period, you may inspect all comments 
about this notice in room 4082 ROB-3, Seventh and D Streets, SW., 
Washington, DC, between the hours of 8:00 a.m. and 4:30 p.m., Eastern 
time, Monday through Friday of each week except Federal holidays.

Assistance to Individuals With Disabilities in Reviewing the 
Rulemaking Record

    On request, we supply an appropriate aid, such as a reader or print 
magnifier, to an individual with a disability who needs assistance to 
review the comments or other documents in the public rulemaking record 
for this notice. If you want to schedule an appointment for this type 
of aid, you may call (202) 205-8113 or (202) 260-9895. If you use a 
TDD, you may call the Federal Information Relay Service at 1-800-877-
8339.

FOR FURTHER INFORMATION CONTACT: Edward Crowe, U.S. Department of 
Education, 1990 K Street, NW., room 6150, Washington, DC 20202-8525. 
Telephone: 202-502-7762. If you use a telecommunications device for the 
deaf (TDD), you may call the Federal Information Relay Service (FIRS) 
at 1-800-877-8339.
    Individuals with disabilities may obtain this document in an 
alternative format (e.g., Braille, large print, audiotape, or computer 
diskette) on request to the contact person listed in the preceding 
paragraph.

Introduction

    The Privacy Act (5 U.S.C. 552a) (Privacy Act) requires the 
Department to publish in the Federal Register this notice of a new 
system of records managed by the Department. The Department's 
regulations implementing the Act are contained in the Code of Federal 
Regulations (CFR) in 34 CFR Part 5b.
    The Privacy Act applies to information about individuals that 
contain individually identifiable information and that may be retrieved 
by a unique identifier associated with each individual, such as a name 
or social security number. The information about each individual is 
called a ``record'' and the system, whether manual or computer-based, 
is called a ``system of records.'' The Privacy Act requires each agency 
to publish notices of systems of records in the Federal Register and to 
prepare reports to the Office of Management and Budget (OMB) whenever 
the agency publishes a new system of records.

Electronic Access to This Document

    You may view this document, as well as all other Department of 
Education documents published in the Federal Register, in text or Adobe 
Portable Document Format (PDF) on the Internet at either of the 
following sites:

http://ocfo.ed.gov/fedreg.htm
http://www.ed.gov/news.html

    To use PDF you must have Adobe Acrobat Reader, which is available 
free at either of the previous sites. If you have questions about using 
PDF, call the U.S. Government Printing Office (GPO), toll free, at 1-
888-293-6498, or in the Washington, DC area at (202) 512-1530.

    Note: The official version of this document is the document 
published in the Federal Register. Free Internet access to the 
official edition of the Federal Register and the Code of Federal 
Regulations is available on GPO Access at: http://www.access.gpo.gov/nara/index.html.


    Dated: October 4, 2000.
A. Lee Fritschler,
Assistant Secretary, Office of Postsecondary Education.
    The Office of Postsecondary Education of the U.S. Department of 
Education publishes a notice of a new system of records to read as 
follows:
18-12-06

SYSTEM NAME:
    Teacher Quality Recruitment Scholarship System.

SECURITY CLASSIFICATION:
    None.

SYSTEM LOCATION:
    Teacher Quality Enhancement Grants Program, Office of Policy, 
Planning, and Innovation, Office of Postsecondary Education, U.S. 
Department of Education, 1990 K Street, NW., room 6151, Washington, DC 
20006-8525.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    This system contains records on individuals who have been awarded

[[Page 60173]]

scholarships with funds provided under Title II of the Higher Education 
Act by States or partnerships to prepare to become kindergarten through 
twelfth-grade teachers.

CATEGORIES OF RECORDS IN THE SYSTEM:
    This system consists of information about scholarship recipients, 
including the amount and period of their scholarships and the 
institution that awarded them; information about former recipients, 
including data about the amount and percentage of time the teacher 
spends teaching; information about the awarding entity; information 
about the terms of the scholarship; the amount of the scholarship and 
information about the employing school and the school district, 
including a certification by the employing school or school district 
that it meets the regulatory definition of high-need.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    Title II, Section 204(e) of the Higher Education Act of 1965, as 
amended by the 1998 Higher Education Amendments, and 31 U.S.C. Chapter 
37.

PURPOSE(S):
    The information in this system will be used to ensure that 
recipients of scholarships provided with funds under Title II of the 
Higher Education Act who complete teacher education programs 
subsequently (1) teach in a high-need school of a high-need local 
educational agency for a period of time equivalent to the period for 
which the recipient received scholarship assistance; or (2) repay the 
amount of the scholarship. The information, therefore, is a tracking 
mechanism that will be used to carry out the statutory requirement 
found in Title II, Section 204(e). In addition the system information 
will be used to determine the success of the Teacher Recruitment 
component of the Teacher Quality Enhancement Grant Programs in 
preparing new teachers for employment in high-need schools and school 
districts.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND THE PURPOSE OF SUCH USES:
    The Department of Education (the Department) may disclose 
information contained in a record in this system of records under the 
routine uses listed in this system of records without the consent of 
the individual if the disclosure is compatible with the purposes for 
which the record was collected. These disclosures may be made on a 
case-by-case basis or, if the Department has complied with the computer 
matching requirements of the Act, under a computer matching agreement.
    (1) Disclosure for Use by Other Law Enforcement Agencies. The 
Department may disclose information to any Federal, State, local, or 
foreign agency or other public authority responsible for enforcing, 
investigating, or prosecuting violations of administrative, civil, or 
criminal law or regulation if that information is relevant to any 
enforcement, regulatory, investigative, or prosecutive responsibility 
within the receiving entity's jurisdiction.
    (2) Enforcement Disclosure. In the event that information in this 
system of records indicates, either on its face or in connection with 
other information, a violation or potential violation of any applicable 
statute, regulation, or order of a competent authority, the Department 
may disclose the relevant records to the appropriate agency, whether 
foreign, Federal, State, Tribal, or local, charged with the 
responsibility of investigating or prosecuting that violation or 
charged with enforcing or implementing the statute, Executive order, 
rule, regulation, or order issued pursuant thereto.
    (3) Litigation and Alternative Dispute Resolution (ADR) 
Disclosures.
    (a) Introduction. In the event that one of the parties listed below 
is involved in litigation or ADR, or has an interest in litigation or 
ADR, the Department may disclose certain records to the parties 
described in paragraphs (b), (c), and (d) of this routine use under the 
conditions specified in those paragraphs:
    (i) The Department 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 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

[[Page 60174]]

mission. The disclosures will be made only as authorized by law.
    (7) Freedom of Information Act (FOIA) Advice Disclosure. The 
Department may disclose records to the Department of Justice and the 
Office of Management and Budget if the Department concludes that 
disclosure is desirable or necessary in determining whether particular 
records are required to be disclosed under the FOIA.
    (8) Disclosure to the Department of Justice (DOJ). The Department 
may disclose records to the DOJ to the extent necessary for obtaining 
DOJ advice on any matter relevant to an audit, inspection, or other 
inquiry related to the programs covered by this system.
    (9) Contract Disclosure. If the Department contracts with an entity 
for the purposes of performing any function that requires disclosure of 
records in this system to employees of the contractor, the Department 
may disclose the records to those employees. Before entering into such 
a contract, the Department shall require the contractor to maintain 
Privacy Act safeguards as required under 5 U.S.C. 552a(m) with respect 
to the records in the system.
    (10) Research Disclosure. The Department may disclose records to a 
researcher if an appropriate official of the Department determines that 
the individual or organization to which the disclosure would be made is 
qualified to carry out specific research related to functions or 
purposes of this system of records. The official may disclose records 
from this system of records to that researcher solely for the purpose 
of carrying out that research related to the functions or purposes of 
this system of records. The researcher shall be required to maintain 
Privacy Act safeguards with respect to the disclosed records.
    (11) Congressional Member Disclosure. The Department may disclose 
records to a member of Congress from the record of an individual in 
response to an inquiry from the member made at the written request of 
that individual. The Member's right to the information is no greater 
than the right of the individual who requested it.
    (12) Disclosure to the Office of Management and Budget (OMB) for 
Credit Reform Act (CRA) Support. The Department may disclose records to 
OMB as necessary to fulfill CRA requirements.

DISCLOSURE TO CONSUMER REPORTING AGENCIES:
    Disclosures pursuant to 5 U.S.C. 552a(b)(12): The Department may 
disclose to a consumer reporting agency information regarding a claim 
by the Department which is determined to be valid and overdue as 
follows: (1) The name, address, taxpayer identification number and 
other information necessary to establish the identity of the individual 
responsible for the claim; (2) the amount, status, and history of the 
claim; and (3) the program under which the claim arose. The Department 
may disclose the information specified in this paragraph under 5 U.S.C. 
552a(b)(12) and the procedures contained in subsection 31 U.S.C. 
3711(e). A consumer reporting agency to which these disclosures may be 
made is defined at 31 U.S.C. 3701(a)(3).

POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, 
AND DISPOSING OF RECORDS IN THE SYSTEM: STORAGE:
    The records are maintained in hard copy, filed in standard filing 
cabinets; on access controlled personal computers; and on personal 
computer diskettes that are stored in filing cabinets.

RETRIEVABILITY:
    Hardcopy files are retrieved by individual names, institutions of 
higher education and employing school districts. Electronic files may 
be accessed by using an individual's social security number, 
individual's name, name of institution of higher education, or name of 
employing school district.

SAFEGUARDS:
    All physical access to the program location where this system of 
records is maintained is controlled and monitored by security 
personnel. The computers used by program staff to store any system data 
offer a high degree of resistance to tampering and circumvention. This 
security system limits data access to program staff and any contract 
staff that may be hired in the future. The system is available on a 
``need to know'' basis. Controls are in place on individual's ability 
to access and alter records within the system. All users of this system 
are given unique user IDs with personal identifiers. All interactions 
by individual users with the system are recorded.

RETENTION AND DISPOSAL:
    Disposition: Destroy five years after audit or ED's determination 
either that the scholarship recipient fulfills the service obligation 
or the indebtedness has been repaid or forgiven, whichever is later. 
(ED/RDS, Part 10, Item 3a)

SYSTEM MANAGER AND ADDRESS:
    Director, Teacher Quality Enhancement Grant Programs, Office of 
Postsecondary Education, 1990 K Street, NW., room 6150, Washington, DC 
20006-8525.

NOTIFICATION PROCEDURE:
    If you wish to determine if you have a record in this system, 
provide the system manager with your name, date of birth, and social 
security number. Your request must meet the regulatory requirements of 
34 CFR 5b.5, including proof of identity.

RECORD ACCESS PROCEDURE:
    If you wish to gain access to your record in this system, provide 
the system manager with your name, date of birth, and social security 
number. Your request must meet the regulatory requirements of 34 CFR 
5b.5, including proof of identity.

CONTESTING RECORD PROCEDURE:
    If you wish to contest the content of a record, contact the system 
manager. Your request must meet the regulatory requirements of 34 CFR 
5b.7, including proof of identity.

RECORD SOURCE CATEGORIES:
    Information is obtained from individual scholarship recipients, 
institutions of higher education attended by the recipients, and school 
districts that have employed the recipients.

SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS OF THE ACT:
    None.
[FR Doc. 00-25942 Filed 10-6-00; 8:45 am]
BILLING CODE 4000-01-P