[Federal Register Volume 67, Number 248 (Thursday, December 26, 2002)]
[Notices]
[Pages 78794-78796]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-32573]


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DEPARTMENT OF EDUCATION


Privacy Act of 1974; System of Records

AGENCY: Office of Management, Department of Education.

ACTION: Notice of a new system of records.

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SUMMARY: In accordance with the Privacy Act of 1974, as amended (Act), 
the Department of Education (Department) publishes this notice of a new 
system of records for the collection and maintenance of information on 
the issuance of Identification Media for Department of Education 
employees, retirees, and contractors.

DATES: The Department seeks comment on the new system of records 
described in this notice, in accordance with the requirements of the 
Privacy Act. We must receive your comments on or before January 27, 
2003.
    The Department filed a report describing the system of records 
covered by this notice with the Chair of the Senate Committee on 
Governmental Affairs, the Chair of the House Committee on Government 
Reform, and the Administrator of the Office of Information and 
Regulatory Affairs, Office of Management and Budget (OMB) on December 
20, 2002. This system of records will become effective at the later 
date of-- (1) the expiration of the 40-day period for OMB review on 
January 29, 2003 or (2) January 27, 2003, unless the system of records 
needs to be changed as a result of public comment or OMB review.

ADDRESSES: Address all comments about this system of records to 
Director, Security Services, Office of Management, U.S. Department of 
Education, 400 Maryland Avenue, SW., room 2W229, FB6, Washington, DC 
20202. If you prefer to send comments through the Internet, use the 
following address: [email protected].
    You must include the term ``Security Notice'' in the subject line 
of the electronic comment.
    During and after the comment period, you may inspect all comments 
about this notice in room 2W229, 400 Maryland Avenue, SW., Federal 
Building 6, Washington, DC, between the hours of 8 a.m. and 4:30 p.m., 
Eastern time, Monday through Friday of each week except Federal 
holidays.

Assistance to Individuals With Disabilities in Reviewing the Rulemaking 
Record

    On request, we will supply an appropriate aid, such as a reader or 
printer magnifier, to an individual with a disability who needs 
assistance to review the comments or other documents in the public 
rulemaking record for this notice. If you want to schedule an 
appointment for this type of aid, please contact the person listed 
under FOR FURTHER INFORMATION CONTACT.

FOR FURTHER INFORMATION CONTACT: Jerry Shepherd. Telephone: (202) 260-
7754. If you use a telecommunications device for the deaf (TDD), you 
may call the Federal Information Relay Service (FIRS) at 1-800-877-
8339.
    Individuals with disabilities may obtain this document in an 
alternative format (e.g., Braille, large print, audiotape, or computer 
diskette) on request to the contact person listed under FOR FURTHER 
INFORMATION CONTACT.

SUPPLEMENTARY INFORMATION:

Introduction

    The Privacy Act (5 U.S.C. 552a(e)(4)) requires the Department to 
publish in the Federal Register this notice of a new system of records 
maintained by the Department. The Department's regulations implementing 
the Privacy Act are contained in the Code of Federal Regulations (CFR) 
in 34 CFR part 5b.
    The Privacy Act applies to a record about an individual that 
contains individually identifiable information that is retrieved by a 
unique identifier associated with each individual, such as a name or 
social security number. The information about each individual is

[[Page 78795]]

called a ``record'' and the system, whether manual or computer-based, 
is called a ``system of records.'' The Privacy Act requires each agency 
to publish notices of systems of records in the Federal Register and to 
prepare reports to the Office of Management and Budget (OMB) whenever 
the agency publishes a new or altered system of records.

Electronic Access to This Document

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

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


    Dated: December 20, 2002.
William J. Leidinger,
Assistant Secretary for Management.
    For the reasons discussed in the preamble, the Assistant Secretary 
for the Office of Management, U.S. Department of Education publishes a 
notice of a new system of records to read as follows:
18-05-16

System Name:
    Identification Media Records.

Security Classification:
    None.

System Location:
    Security Services, Office of Management, U.S. Department of 
Education, 400 Maryland Avenue, SW., room 2C103, Washington, DC 20202.

Categories of Individuals Covered by the System:
    Current employees, Department of Education (Department) retirees, 
and other persons doing business with the Department.

Categories of Records in the System:
    This system contains records including an individual's name, home 
address, social security number, date of birth, contract expiration 
date, security clearance level and access, digital picture, office 
location, and telephone number.

Authority for Maintenance of the System:
    Executive Order 12977 (October 19, 1995) establishing the 
Interagency Security Committee (ISC) to develop and oversee the 
implementation of security standards for federal facilities); Title 40 
U.S.C. Sections 19, 285, & 490; 41 CFR 101-20.302, Department of 
Justice Vulnerability Assessment of Federal Facilities Report at table 
2-8 (June 28, 1995); and the U.S. Department of Education, Departmental 
Directive OM: 4-112 (August 30, 2002).

Purpose(s):
    Records in this system are maintained to provide the Department 
with information related to the issuance of identification media and 
access to restricted areas. This system will not be utilized as a means 
of tracking employee working hours.

Routine Uses of Records Maintained in the System, Including Categories 
of Users and the Purposes of Such Uses:
    The Department of Education (Department) may disclose information 
contained in a record in this system of records under the routine uses 
listed in this system of records without the consent of the individual 
if the disclosure is compatible with the purposes for which the record 
was collected. These disclosures may be made on a case-by-case basis 
or, if the Department has complied with the computer matching 
requirements of the Act, under a computer matching agreement.
    1. Disclosure for Use by Law Enforcement Agencies. The Department 
may disclose information contained in a record in this system of 
records to appropriate Federal, State, or local agencies responsible 
for enforcing, investigating, or prosecuting violations of 
administrative, civil, or criminal law or regulation if that 
information is relevant to any enforcement, regulatory, investigative, 
or prosecutorial responsibility within the receiving entity's 
jurisdiction.
    2. Contract Disclosure. If the Department contracts with an entity 
for the purposes of performing any function that requires disclosure of 
records in this system to employees of the contractor, the Department 
may disclose the records to those employees. Before entering into such 
a contract, the Department shall require the contractor to maintain 
Privacy Act safeguards as required under 5 U.S.C. 552a(m) with respect 
to the records in the system.
    3. Litigation and Alternative Dispute Resolution (ADR) Disclosure.
    (a) Introduction. In the event that one of the following parties is 
involved in litigation or ADR, or has an interest in litigation or ADR, 
the Department may disclose certain records to the parties described in 
paragraphs b, c, and d of this routine use under the conditions 
specified in those paragraphs:
    (i) The Department or any of its components.
    (ii) Any Department employee in his or her official capacity.
    (iii) Any employee of the Department in his or her official 
capacity where the Department of Justice (DOJ) is requested to provide 
or arrange for representation of the employee.
    (iv) Any employee of the Department in his or her individual 
capacity where the Department has agreed to represent the employee.
    (v) The United States where the Department determines that the 
litigation is likely to affect the Department or any of its components.
    (b) Disclosure to the Department of Justice (DOJ). If the 
Department determines that disclosure of certain records to the DOJ or 
attorneys engaged by DOJ is relevant and necessary to litigation or ADR 
and is compatible with the purpose for which the records were 
collected, the Department may disclose those records as a routine use 
to DOJ.
    (c) Administrative Disclosures. If the Department determines that 
disclosure of certain records to an adjudicative body before which the 
Department is authorized to appear, individual, or entity designated by 
the Department or otherwise empowered to resolve disputes is relevant 
and necessary to the administrative litigation or ADR and is compatible 
with the purpose for which the records were collected, the Department 
may disclose those records as a routine use to the adjudicative body, 
individual, or entity.
    (d) Parties, Counsel, Representatives, and Witnesses. If the 
Department determines that disclosure of certain records to a party, 
counsel, representative, or witness is relevant and necessary to the 
litigation or ADR and is compatible with the purpose for which the 
records were collected, the Department may disclose those records as a 
routine use to the party, counsel, representative, or witness.
    (4) Freedom of Information Act (FOIA) Advice Disclosure. To the 
Department of Justice and the Office of Management and Budget (OMB) if 
the Department seeks advice regarding whether records maintained in 
this system of records are required to be released under the FOIA and 
the Privacy Act of 1974.

[[Page 78796]]

    (5) Congressional Member Disclosure. The Department may disclose 
records to a member of Congress from the record of an individual in 
response to an inquiry from the member made at the written request of 
that individual. The member's right to the information is no greater 
than the right of the individual who requested it.

Disclosure to Consumer Reporting Agencies:
    Not applicable to this system notice.

Policies and Practices of Storing, Retrieving, Accessing, Retaining, 
and Disposing of Records in the System:
Storage:
    Records are maintained in secured space either in locked 
lektrievers, in a room accessible by access control card, or in fire 
resistant safes with manipulation proof combination locks. Digital 
records are maintained in a secure computer database.

Retrievability:
    Electronic and paper records are retrieved by the name of the 
individual.

Safeguards:
    Paper records are maintained and secured in locked lektrievers or 
in fire resistant safes with manipulation proof combination locks. All 
records, including those records that are maintained on the computer 
database, are in limited access rooms with access control. All users 
are required to have an appropriate security clearance before they are 
allowed access, on a ``need-to-know'' basis, to the records. Computer 
databases are kept on a secured server. Authorized log-on codes and 
passwords prevent unauthorized users from gaining access to data and 
system resources. Users must have valid Security System accounts and 
passwords before accessing the application. Users are required to 
change their passwords periodically, and they are not allowed to repeat 
any old passwords. Any individual attempting to log on who fails is 
locked out of the system after three attempts. Access after that time 
requires intervention by the system manager.

Retention and Disposal:
    Electronic identification media records are destroyed/deleted when 
no longer needed or after separation or transfer from the Department or 
expiration of contract relationship with the Department, whichever is 
earlier, in accordance with the National Archives and Records 
Administration's General Records Schedule (GRS) 20, item (3)(b), with 
the exception of Department retirees. Electronic identification media 
records for retirees from the Department are maintained for not more 
than five years or when no longer needed, whichever is earlier. All 
paper ID records are maintained in the personnel security and 
suitability files for not more than five years after separation or 
transfer from the Department or expiration of contract relationship 
with the Department in accordance with GRS 18, item 22. These paper 
records are disposed of by electronic erasure, disintegrator, or 
shredding.

System Manager(s) and Address:
    Director, Security Services, U.S. Department of Education, Office 
of Management, 400 Maryland Avenue, SW., room 2W229, Washington, DC 
20202.

Notification Procedure:
    If you wish to inquire whether a record exists regarding you in 
this system, you should contact the system manager at the address 
listed above. You must provide your name, name of organization, and 
subject matter. Your request must meet the requirements of the 
Department's Privacy Act regulations at 34 CFR 5b.5, including proof of 
identity.

Record Access Procedure:
    If you wish to request access to your records, you should contact 
the system manager at the address listed under System Manager(s) and 
Address. You must comply with the Department's Privacy Act regulations 
at 34 CFR 5b.5, including proof of identity.

Contesting Record Procedure:
    If you wish to request an amendment to your records, you should 
contact the system manager at the address listed under System 
Manager(s) and Address. Your request must meet the requirements of the 
Department's Privacy Act regulations at 34 CFR 5b.7.

Record Source Categories:
    Information contained in this system of records is obtained from 
individuals, their employers, and contractors of the Department.

System Exempted from Certain Provisions of the Act:
    None.

[FR Doc. 02-32573 Filed 12-24-02; 8:45 am]
BILLING CODE 4000-01-P