[Federal Register Volume 67, Number 20 (Wednesday, January 30, 2002)]
[Notices]
[Pages 4642-4644]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-2227]



[[Page 4641]]

-----------------------------------------------------------------------

Part V





Department of Education





-----------------------------------------------------------------------



Privacy Act of 1974; System of Records, Notice

  Federal Register / Vol. 67, No. 20 / Wednesday, January 30, 2002 / 
Notices  

[[Page 4642]]


-----------------------------------------------------------------------

DEPARTMENT OF EDUCATION


Privacy Act of 1974; System of Records

AGENCY: White House Initiative on Educational Excellence for Hispanic 
Americans, Office of Intergovernmental and Interagency Affairs, 
Department of Education.

ACTION: Notice of a new system of records.

-----------------------------------------------------------------------

SUMMARY: In accordance with the Privacy Act of 1974, as amended, the 
Department of Education (the Department) publishes this notice of a new 
system of records entitled ``Partners in Education (18-06-05).'' The 
system will contain information on individuals who have indicated an 
interest in receiving information about the White House Initiative, its 
publications and programs, and ways in which they can become partners. 
The information maintained in the system includes the individual's 
name, affiliation, mailing address, telephone number, fax, e-mail 
address, and system-generated identifiers. The information that will 
form the new system of records will be collected through various 
sources, including telephone, written, and e-mail inquiries, as well as 
written requests to be included in the Partners in Education system of 
records database submitted at meetings, conferences, and events at 
which the White House Initiative is present or participating. The 
information will be entered into a database on a computer in order to 
generate mailing labels, for the purpose of mailing out publications 
and program information, and lists to Federal, State, or local agencies 
to fulfill that Federal, State, or local agency's responsibilities 
under Executive Order 13230, 66 FR 52841. The Department seeks comment 
on this new system of records described in this notice, in accordance 
with the requirements of the Privacy Act.

DATES: We must receive your comments on the proposed routine uses for 
this system of records included in this notice on or before March 1, 
2002.
    The Department filed a report describing the new system of records 
covered by this notice with the Chair of the Committee on Governmental 
Affairs of the Senate, the Chair of the Committee on Government Reform 
and Oversight of the House, and the Administrator of the Office of 
Information and Regulatory Affairs, Office of Management and Budget 
(OMB) on January 25, 2002. This new system of records will become 
effective at the later date of-- (1) the expiration of the 40-day 
period for OMB review on March 6, 2002, or (2) March 1, 2002, unless 
the system of records needs to be changed as a result of public comment 
or OMB review.

ADDRESSES: Address all comments on the proposed routine uses of this 
system to Leslie Sanchez, Executive Director, White House Initiative on 
Educational Excellence for Hispanic Americans, Office of 
Intergovernmental and Interagency Affairs, U.S. Department of 
Education, 400 Maryland Avenue, SW., Federal Building 6, Room 5E110, 
Washington, DC 20202. If you prefer to send comments through the 
Internet, use the following address: [email protected].
    You must include the term ``Partners in Education'' in the subject 
line of your electronic comment.
    During and after the comment period, you may inspect all public 
comments about this notice in room 5E110, 400 Maryland Avenue, SW., 
Federal Building 6, Washington, DC, between the hours of 8:00 a.m. and 
4:30 p.m., Eastern time, Monday through Friday of each week except 
Federal holidays.

Assistance to Individuals With Disabilities in Reviewing the 
Rulemaking Record

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

FOR FURTHER INFORMATION CONTACT: Leslie Sanchez. Telephone: (202) 401-
1411. If you use a telecommunications device for the deaf (TDD), you 
may call the Federal Information Relay Service (FIRS) at 1-800-877-
8339.
    Individuals with disabilities may obtain this document in an 
alternative format (e.g., Braille, large print, audiotape, or computer 
diskette) on request to the contact person listed under FOR FURTHER 
INFORMATION CONTACT.

SUPPLEMENTARY INFORMATION:

Introduction

    The Privacy Act of 1974 (5 U.S.C. 552a(e)(4)) requires the 
Department to publish in the Federal Register this notice of a new 
system of records managed by the Department. The Department's 
regulations implementing the Privacy Act of 1974 are contained in the 
Code of Federal Regulations (CFR) in 34 CFR part 5b.
    The Privacy Act of 1974 (Privacy Act), 5 U.S.C. 552a, applies to a 
record about an individual that is maintained in a system of records 
from which information is retrieved by a unique identifier associated 
with each individual, such as a name or social security number. The 
information about each individual is called a ``record,'' and the 
system, whether manual or computer-driven, is called a ``system of 
records.'' The Privacy Act requires each agency to publish notices of 
systems of records in the Federal Register and to prepare reports to 
the Office of Management and Budget (OMB) whenever the agency publishes 
a new or ``altered'' system of records.

Electronic Access to This Document

    You may view this document, as well as all other Department of 
Education documents published in the Federal Register, in text or Adobe 
Portable Document Format (PDF) on the Internet at the following site: 
http://www.ed.gov/legislation/FedRegister/
    To use PDF you must have Adobe Acrobat Reader, which is available 
free at this site. If you have questions about using PDF, call the U.S. 
Government Printing Office (GPO), toll free, at 1-888-293-6498; or in 
the Washington, DC, area at (202) 512-1530.

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


    Dated: January 25, 2002.
Laurie Rich,
Assistant Secretary for Intergovernmental and Interagency, Affairs.
    For the reasons discussed in the preamble, the Executive Director 
of the White House Initiative on Educational Excellence for Hispanic 
Americans of the U.S. Department of Education publishes a notice of a 
new system of records to read as follows:
18-06-05

System Name:
    Partners in Education.

Security Classification:
    None.

System Locations:
    The White House Initiative Partners in Education is located at the 
White House Initiative on Educational Excellence for Hispanic 
Americans, Office of Intergovernmental and

[[Page 4643]]

Interagency Affairs, U.S. Department of Education, 400 Maryland Avenue, 
SW., Federal Building 6, Room 5E110, Washington, DC 20202.

Categories of Individuals Covered by the System:
    The system will contain information on individuals who have 
indicated an interest in receiving information about the White House 
Initiative, its publications and programs, and ways in which they can 
become partners.
    This system contains records containing an individual's name, 
title, affiliation, mailing address, telephone number, fax, e-mail, and 
representational category (e.g. parents, educators, schools, school 
districts, businesses, etc.). The system generated identifier or 
``key'' will consist of a combination of numbers and letters and is 
produced by the system of records automatically.

Authority for Maintenance of the System:
    Executive Order 13230, 66 FR 52841.

Purpose(s):
    The information contained in the records maintained in this system 
is used for the purposes of conducting individual, mass, and targeted 
mailings of White House Initiative program information, publications, 
and reports.

Routine Uses of Records Maintained in the System, Including Categories 
of Users and the Purposes of Such Uses:
    The Department of Education (Department) may disclose information 
contained in a record in this system of records under the routine uses 
listed in this system of records without the consent of the individual 
if the disclosure is compatible with the purposes for which the record 
was collected. These disclosures may be made on a case-by-case basis 
or, if the Department has complied with the computer matching 
requirements of the Act, under a computer matching agreement.
    (1) Other Agencies and Institutions. The Department may disclose 
records from the representational categories to Federal, State, or 
local agencies if the requested use is intended to fulfill that 
Federal, State, or local agency's responsibilities under Executive 
Order 13230, 66 FR 52841.
    (2) Litigation and Alternative Dispute Resolution (ADR) 
Disclosures.
    (a) Introduction. In the event that one of the following parties is 
involved in litigation or ADR, or has an interest in litigation or ADR, 
the Department may disclose certain records to the parties described in 
paragraphs (b), (c), and (d) of this routine use under the conditions 
specified in those paragraphs:
    (i) The Department of Education, or any component of the 
Department; or
    (ii) Any Department employee in his or her official capacity; or
    (iii) Any Department employee in his or her individual capacity if 
the Department of Justice (DOJ) has agreed to provide or arrange for 
representation for the employee;
    (iv) Any Department employee in his or her individual capacity if 
the agency has agreed to represent the employee; or
    (v) The United States if the Department determines that the 
litigation is likely to affect the Department or any of its components.
    (b) Disclosure to the Department of Justice. If the Department 
determines that disclosure of certain records to the DOJ is relevant 
and necessary to litigation or ADR, the Department may disclose those 
records as a routine use to the DOJ.
    (c) Administrative or Judicial Disclosures. If the Department 
determines that disclosure of certain records to an adjudicative body 
before which the Department is authorized to appear, to an individual, 
or to an entity designated by the Department or otherwise empowered to 
mediate or resolve disputes is relevant and necessary to the 
litigation, the Department may disclose those records as a routine use 
to the adjudicative or judicial body, individual, or entity.
    (d) Parties, Counsel, Representatives, and Witnesses. If the 
Department determines that disclosure of certain records to a party, 
counsel, representative, or witness in an administrative or judicial 
proceeding is relevant and necessary to the litigation, the Department 
may disclose those records as a routine use to the party, counsel, 
representative, or witness.
    (3) Contract Disclosure. If the Department contracts with an entity 
for the purposes of performing any function that requires disclosure of 
records in this system to employees of the contractor, the Department 
may disclose the records to those employees. Before entering into such 
a contract, the Department shall require the contractor to maintain 
Privacy Act safeguards as required under 5 U.S.C. 552a(m) with respect 
to the records in the system.
    (4) Research Disclosure. The Department may disclose records to a 
researcher if an appropriate official of the Department determines that 
the individual or organization to which the disclosure would be made is 
qualified to carry out specific research that is compatible with the 
purposes of this system of records. The official may disclose records 
from this system of records to that researcher solely for the purpose 
of carrying out that research that is compatible with the purposes of 
this system of records. The researcher shall be required to maintain 
Privacy Act safeguards with respect to the disclosed records.
    (5) Congressional Member Disclosure. The Department may disclose 
records to a member of Congress from the record of an individual in 
response to an inquiry from the member made at the written request of 
that individual. The member's right to the information is no greater 
than the right of the individual who requested it.
    (6) Freedom of Information Act (FOIA) Advice Disclosure. In the 
event that the Department deems it desirable or necessary, in 
determining whether particular records are required to be disclosed 
under the Freedom of Information Act, disclosure may be made to the 
Department of Justice or the Office of Management and Budget for the 
purpose of obtaining their advice.
    (7) Disclosure to the Department of Justice. The Department may 
disclose records to the DOJ to the extent necessary for obtaining DOJ 
advice on any matter relevant to an audit, inspection, or other inquiry 
related to the programs covered by this system.

Policies and Practices for Storing, Retrieving, Accessing, Retaining, 
and Disposing of Records in the System:
Storage:
    The records are maintained on a computer and backed up on magnetic 
tape or other electronic media.

Retrievability:
    Records will be retrieved by name, group, organization, and/or the 
requestor's regional location for the purpose of conducting targeted 
mailings.

Safeguards:
    The system of records will be secured by permitting only designated 
individuals within the White House Initiative program staff access to 
the database. Furthermore, the designated individuals' access to 
personal computers, the network, and the system of records will require 
personal identifiers and unique passwords, which will be periodically 
changed to prevent unauthorized access. The building in which the 
system of records is housed is monitored by security personnel during 
business and non-business hours.

Retention and Disposal:
    The Department will retain and dispose of these records in 
accordance

[[Page 4644]]

with National Archives and Records Administration General Records 
Schedule 20, Item 14 for electronic mail requests and General Records 
Schedule 13, Item 14 for all other requests for information.

System Manager(s) and Address:
    Associate Director, White House Initiative on Educational 
Excellence for Hispanic Americans, Office of Intergovernmental and 
Interagency Affairs, U.S. Department of Education, 400 Maryland Avenue, 
SW., Room 5E110, Washington, DC 20202.

Notification Procedure:
    If you wish to determine whether a record exists regarding you in 
this system of records, provide the system manager with your name, 
address, phone number, and affiliation. Requests must meet the 
requirements of the regulations in 34 CFR 5b.5.

Record Access Procedures:
    If you wish to gain access to a record in this system, contact the 
system manager and provide information as described in the notification 
procedure. Requests by an individual for access to a record must meet 
the requirements of the regulations in 34 CFR 5b.5.

Contesting Record Procedures:
    If you wish to contest a record in the system of records, contact 
the system manager with the information described in the notification 
procedure, identify the specific items you are contesting, and provide 
a written justification for each item. Requests to amend a record must 
meet the requirements of the regulations in 34 CFR 5b.7.

Record Source Categories:
    Information in this system of records is obtained from individuals 
who request, in writing, verbally, or electronically, to be listed on 
the system of records in order to receive information. The individual's 
affiliation will comprise the representational category. The system 
generated identifier or ``key'' will consist of a combination numbers 
and letters and is produced by the system of records automatically.

System Exempted From Certain Provisions of the Act:
    None.

[FR Doc. 02-2227 Filed 1-29-02; 8:45 am]
BILLING CODE 4000-01-U