[Federal Register Volume 68, Number 232 (Wednesday, December 3, 2003)]
[Notices]
[Pages 67782-67785]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-30031]



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Part IV





Department of Education





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Privacy Act of 1974; System of Records; Notice

  Federal Register / Vol. 68, No. 232 / Wednesday, December 3, 2003 / 
Notices  

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DEPARTMENT OF EDUCATION


Privacy Act of 1974; System of Records

AGENCY: Office of Intergovernmental and Interagency Affairs, Department 
of Education.

ACTION: Notice of an altered system of records.

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SUMMARY: In accordance with the Privacy Act of 1974, as amended 
(Privacy Act), the Department of Education (Department) publishes this 
notice of an altered system of records entitled ``Presidential Scholars 
Program Files and PSAonline Application System (18-06-03),'' last 
published in the Federal Register on December 27, 1999 (64 FR 72392-
72393). The system contains information about the current and former 
candidates and finalists in the Presidential Scholars recognition 
program, including the name, Social Security number, address, phone 
number, and other biographical information provided by the student, 
such as SAT/ACT scores, school transcripts, and essays. A new 
component, the ``PSAonline'' application system, which will be made 
available to the public in 2004, replicates exactly the content of the 
existing paper-based application system, but allows applicants and 
school staff to submit applications electronically through links on the 
Department's Web site. The paper-based option for submitting 
applications remains available.

DATES: The Department seeks comments on the altered 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 2, 
2004.
    The Department filed a report describing the revisions to the 
system of records covered by this notice with the Chair of the 
Committee on Governmental Affairs of the United States Senate, the 
Chair of the Committee on Government Reform of the United States House 
of Representatives, and the Administrator of the Office of Information 
and Regulatory Affairs, Office of Management and Budget (OMB) on 
November 26, 2003. The changes made in this notice will become 
effective on the later of-- (1) the expiration of the 40-day period for 
OMB review on January 5, 2004, or (2) January 2, 2004, unless the 
system of records requires changes as a result of public comment or OMB 
review. The Department will publish any changes resulting from public 
comment or OMB review.

ADDRESSES: Address all comments about this altered system of records to 
Melissa Apostolides, Office of Intergovernmental and Interagency 
Affairs, 400 Maryland Avenue, SW., room 5E229, Washington, DC 20202-
3521. Telephone: 202-205-0512. If you prefer to send your comments 
through the Internet, use the following address: [email protected].
    You must include the term ``U.S. PSP'' in the subject line of the 
electronic message.
    During and after the comment period, you may inspect all public 
comments about this notice in room 5E229, 400 Maryland Avenue, SW., 
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 
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, please contact the person listed 
under FOR FURTHER INFORMATION CONTACT.

FOR FURTHER INFORMATION CONTACT: Melissa Apostolides. Telephone: (202) 
205-0512. 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.

SUPPLEMENTARY INFORMATION: 

Introduction

    The Privacy Act (5 U.S.C. 552a) requires the Department to publish 
in the Federal Register this notice of an altered 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 information 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 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 for OMB whenever the agency publishes a new system of 
records or makes a significant change to an established system of 
records. Each agency is also required to send copies to the Chair of 
the Senate Committee on Governmental Affairs and the Chair of the House 
Committee on Government Reform. These reports are intended to permit an 
evaluation of the probable or potential effect of the proposal on the 
privacy or other rights of individuals.

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/news/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.gpoaccess.gov/nara/index.html.


    Dated: November 26, 2003.
Laurie M. Rich,
Assistant Secretary for Intergovernmental and Interagency Affairs.
    For the reasons discussed in the preamble, the Assistant Secretary 
for the Office of Intergovernmental and Interagency Affairs of the U.S. 
Department of Education publishes a notice of an altered system of 
records to read as follows:
18-06-03

SYSTEM NAME:
    Presidential Scholars Program Files and PSAonline Application 
System.

SECURITY CLASSIFICATION:
    None.

SYSTEM LOCATIONS:
    U.S. Presidential Scholars Program, Community Services, 
Partnerships and Recognition Programs Team, Office of Intergovernmental 
and Interagency Affairs, U.S. Department of Education, 400 Maryland 
Avenue, SW., Washington, DC 20202-3521.

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    American College Testing, Inc., Recognition Program Services, 301 
ACT Drive, Iowa City, Iowa 52243-4030.
    General Dynamics, Information Technology Service Division, 3040 
Williams Drive, Suite 200, Fairfax, Virginia, 22031.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    This system contains records on individuals who are participants in 
the U.S. Presidential Scholars Program (the program).

CATEGORIES OF RECORDS IN THE SYSTEM:
    This system consists of information about program candidates, 
including name, date of birth, Social Security number, address, e-mail 
address, high school, biographical information provided by the students 
such as work experience and awards received, SAT and ACT scores, school 
transcripts, and essays, as well as name and contact information for 
the teacher the candidate is nominating for the Department's Teacher 
Recognition Award. The system will also include the unique user 
identification and password issued to system users by the Department of 
Education (Department) in its invitation package (application to the 
program is by invitation only.)

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    Executive Order 11155 (1964), as amended by Executive Order 12158 
(1979).

PURPOSE(S):
    The information in this system will be used to-- (1) Determine the 
eligibility of candidates and review their applications in order to 
determine program semifinalists and finalists on an annual basis; (2) 
develop and implement the program's annual recognition component; and 
(3) carry out the authorizing Executive Order 11155, as amended by 
Executive Order 12158 (1979).

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND THE PURPOSES 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 
without the consent of the individual if the disclosure is compatible 
with the purposes for which the record was collected. The Department 
may make disclosures on a case-by-case basis or, if the Department has 
complied with the computer matching requirements of the Computer 
Matching and Privacy Protection Act of 1988, under a computer matching 
agreement.
    (1) Disclosure for Use by Other Law Enforcement Agencies. The 
Department may disclose information to any Federal, State, local, 
tribal, or foreign agency or other public authority responsible for 
enforcing, investigating, or prosecuting violations of administrative, 
civil, or criminal law or regulations if that information is relevant 
to any enforcement, regulatory, investigative, or prosecutorial 
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, regulations, 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, regulations, or order issued pursuant thereto.
    (3) Litigation and Alternative Dispute Resolution (ADR) 
Disclosures.
    (a) Introduction. In the event that one of the parties described in 
paragraphs (a)(i) through (v) 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 or been requested 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 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) Adjudicative Disclosures. If the Department determines that 
disclosure of certain records to an adjudicative body before which the 
Department is authorized to appear or to an individual or entity 
designated by the Department or otherwise empowered to resolve or 
mediate disputes is relevant and necessary to litigation or ADR, 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 is relevant and necessary to 
litigation or ADR, 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, local, tribal, or foreign 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, tribal, 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 be made only during the 
course of the proceeding.
    (6) Freedom of Information Act (FOIA) Advice Disclosure. The 
Department may disclose records to the DOJ and the OMB if the 
Department concludes that disclosure is desirable or necessary in 
determining whether particular records are required to be disclosed 
under the FOIA.
    (7) Disclosure to the DOJ. The Department may disclose records to 
the DOJ to the extent necessary for

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obtaining DOJ advice on any matter relevant to an audit, inspection, or 
other inquiry related to the program covered by this system.
    (8) 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.
    (9) Congressional Member Disclosure. The Department may disclose 
information 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.
    (10) Routine Programmatic Purposes. The Department may disclose 
records from this system of records in order to promote the selection 
and recognition of students and the visibility of the program. In order 
to honor participants and finalists (Scholars) pursuant to programmatic 
requirements, disclosures of records from this system will be made to 
the following entities for the purposes specified:
    (a) Disclosures to the Review Committee and the Commission on 
Presidential Scholars. The program will provide copies of each 
candidate's complete application package to members of the program's 
review committee for selection of semifinalists and complete copies of 
each semifinalist's application package to the Commission on 
Presidential Scholars (Commission) for selection of the Scholars and 
for in-state recognition ceremonies held for semifinalists and 
Scholars.
    (b) Disclosures to the General Public Announcing the Program's 
Candidates, Semifinalists, and Scholars. The program will provide the 
name, State, town, and school name of each candidate, semifinalist, and 
Scholar on the Presidential Scholars Program section of the 
Department's Web site.
    (c) Disclosures to the General Public of the Annual Presidential 
Scholars Yearbook. For recognition purposes as well as informational 
and, on rare occasions, research requests, the program will provide 
copies of the Presidential Scholars Yearbook, which includes student 
photos, names, school, city, State, college of choice, and student-
written essays, to Scholars, families, teachers, Commissioners, 
sponsors, potential candidates, researchers, and other interested 
parties. Due to limited numbers, copies are provided first to program 
participants and, if additional copies remain, in response to other 
inquiries.
    (d) Disclosures to Contractors for Production of Program 
Recognition Materials and the Presidential Scholars Yearbook. The 
program will provide records to contractors for the printing of 
certificates, the engraving of Scholar medallions, and the printing of 
the Presidential Scholars Yearbook. The Executive order states that 
Scholars are to receive medallions, and occasionally the Administration 
wishes to provide certificates signed by the President.
    (e) Disclosures to Contractors and College-age Interns to Arrange 
Scholar Accommodations, Transportation, and Other Services. The program 
may provide records to area vendors in preparation for the program's 
``National Recognition Week,'' held annually in Washington, DC, each 
June. During that week, Scholars travel to the Nation's Capital at the 
program's expense to participate in educational and celebratory 
activities. At the same time, former Scholars return to the program as 
``Advisors'' to assist with the program during National Recognition 
Week.These Advisors also receive information relevant to the Scholars 
assigned to them.
    (f) Disclosures to National, State, and Local Media To Publicize 
the Scholars and Respond to Press Inquiries About Them. Records are 
provided to national, State, and local media for the purpose of 
publicizing the Scholars and responding to press inquiries.
    (g) Disclosures to the White House and Federal Agencies for 
Briefings, Speechwriting, or To Obtain Security Clearances. Records are 
provided to the White House and Federal agencies for the purpose of 
speechwriting and briefings for officials addressing the Scholars and 
guests at recognition events or for security clearances at events 
attended by Government officials or in buildings with limited access.
    (h) Disclosures to National, State, and Locally Elected Officials 
and Their Staff To Notify Them of Candidates, Semifinalists, and 
Scholars in their States or Districts and To Assist With Other 
Activities To Recognize These Individuals. Records are provided for the 
purpose of notifying elected officials of candidates, semifinalists, 
and Scholars in their States or districts and to assist with preparing 
congratulatory letters, certificates, and other honors or scheduling 
events or office visits in Washington, DC, or at home.
    (i) Disclosures to State and Local Education Officials To Notify 
Them of Candidates, Semifinalists, and Scholars in Their States, 
Districts, or Schools. Records are provided to Chief State School 
Officers, Superintendents of school districts, principals, and guidance 
counselors for the purpose of notifying them of the candidates, 
semifinalists, and Scholars in their States, districts, or schools.

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 filed in lockable standard 
filing cabinets; on access-controlled personal computers; and in the 
Network Operations Center at the General Dynamics host site.

RETRIEVABILITY:
    The data are retrieved by name, Social Security number, State, high 
school, and year of selection. Various reports on multiple candidates, 
semifinalists, and Scholars can also be run.

SAFEGUARDS:
    All physical access to the Department 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 systems employed by the Department and its contractors 
offer a high degree of security against tampering and circumvention. 
These security systems limit data access to Department and contract 
personnel on a ``need to know'' basis and control individual users' 
ability to access and alter records within the system. All users of 
these systems are given a unique user ID, and interactions by 
individual users with the system are recorded.
    In accordance with the Privacy Act, all candidates or their legal 
guardians, if they are minors, must read a privacy advisory statement. 
Candidates or their legal guardians also must provide a signature 
affirming their candidacy and authorizing the release of specific 
information in relation to the program. PSAonline will use assigned 
electronic identifications and passwords for these authorizations. 
Applicants or their legal guardians will sign the program's

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release form electronically. The program will issue unique user 
identifications and passwords to all system users (candidates, legal 
guardians, school staff, and principals) in their invitation packets. 
Users will access the system by entering their assigned user 
identifications and passwords, and the system will validate the user 
and his or her role (candidate, legal guardian, administrator) against 
the database. If invalid information is entered, an error message will 
be displayed, and access will be denied. Users may edit their passwords 
after they have logged in using the federally assigned user 
identifications and passwords. Access to various parts of the system 
and the application is restricted based on user role and level of 
authorization.

RETENTION AND DISPOSAL:
    Files are retained for four years in order to verify yearbook and 
alumni publications and to choose current Scholars as future Advisors 
to the Commission. In accordance with the Department of Education's 
Records Disposition Schedules (ED/RDS, Part 5, Item 6), both paper and 
electronic files are destroyed in four-year blocks when the most recent 
record is four years old.

SYSTEM MANAGER AND ADDRESS:
    Executive Director, U.S. Presidential Scholars Program, Community 
Services, Partnerships and Recognition Programs Team, Office of 
Intergovernmental and Interagency Affairs, U.S. Department of 
Education, 400 Maryland Avenue, SW., Washington, DC 20202-3521.

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 American College Testing and the 
College Board/Educational Testing Service, individual candidates, their 
legal guardians if they are minors, and school officials (principals, 
teachers, and guidance counselors) in public and private secondary 
institutions attended by the candidates.

SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS OF THE PRIVACY ACT:
    None.

[FR Doc. 03-30031 Filed 12-2-03; 8:45 am]
BILLING CODE 4000-01-P