[Federal Register: June 6, 2002 (Volume 67, Number 109)]
[Notices]               
[Page 39201-39204]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr06jn02-155]                         


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Part III





Department of Education





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Privacy Act of 1974; System of Records; Notice


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DEPARTMENT OF EDUCATION

 
Privacy Act of 1974; System of Records

AGENCY: Office of Elementary and Secondary Education, School 
Improvement Programs, 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, 
(Privacy Act) the Department of Education (the Department) publishes 
this notice of a new system of records entitled ``Native Hawaiian 
Education Council (18-14-03).'' The system will contain information on 
individuals who have been nominated and are interested in serving on 
the Native Hawaiian Education Council. The information maintained in 
the system of records entitled ``Native Hawaiian Education Council'' 
will consist of one or more of the following: Name, title, sex, place 
and date of birth, home address, business address, organizational 
affiliation, phone numbers, fax numbers, e-mail addresses, degrees 
held, general educational background, ethnic background, resume, 
curriculum vitae, previous or current membership on the Native Hawaiian 
Education Council, source who recommended the individual for membership 
on the council, and miscellaneous correspondence. 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 with letters of recommendation 
describing the qualifications of those individuals for service on the 
Native Hawaiian Education Council, and addresses and telephone numbers 
of those individuals. The information will be used to fulfill the 
requirement outlined in section 7204 of the Elementary and Secondary 
Education Act of 1965 (ESEA), as amended by the No Child Left Behind 
Act of 2001 (Pub. L. 107-110).

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 July 8, 2002.
    The Department filed a report describing the new 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 May 31, 
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 
July 10, 2002, or (2) July 8, 2002, unless the system of records needs 
to be changed as a result of public comment or OMB review.

ADDRESSES: Address all comments about the proposed routine uses to Lynn 
Thomas, Program Officer, Native Hawaiian Education Program, Office of 
Elementary and Secondary Education, School Improvement Programs, U.S. 
Department of Education, 400 Maryland Avenue, SW., Federal Building 6, 
Room 3C126, Washington, DC 20202-4160. If you prefer to send comments 
through the Internet, use the following address: comments@ed.gov.
    You must include the term ``Native Hawaiian Education Council'' in 
the subject line of your electronic comment.
    During and after the comment period, you may inspect all comments 
about this notice in room 3C126, 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 
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: Lynn Thomas. Telephone: (202) 260-
1541. 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 
managed 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 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 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: May 31, 2002.
Susan B. Neuman,
Assistant Secretary for Elementary and Secondary Education.
    For the reasons discussed in the preamble, the Office of Elementary 
and Secondary Education of the U.S. Department of Education publishes a 
notice of a new system of records to read as follows:
18-14-03

SYSTEM NAME:
    Native Hawaiian Education Council Membership.

SECURITY CLASSIFICATION:
    None.

SYSTEM LOCATION:
    School Improvement Programs, Office of Elementary and Secondary 
Education, U.S. Department of Education, 400 Maryland Avenue, SW., Room 
3C126, Washington, DC 20202-6140.

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CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Individuals who have been or are presently members of or are being 
considered for membership on the Native Hawaiian Education Council.

CATEGORIES OF RECORDS IN THE SYSTEM:
    Records in this system consist of one or more of the following: 
Name, title, sex, place and date of birth, home address, business 
address, organizational affiliation, phone numbers, fax numbers, e-mail 
addresses, degrees held, general educational background, ethnic 
background, resume, curriculum vitae, previous or current membership on 
the Native Hawaiian Education Council, source who recommended the 
individual for membership on the advisory council, and miscellaneous 
correspondence.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    Section 7204 of the Elementary and Secondary Education Act of 1965 
(ESEA), as amended by the No Child Left Behind Act of 2001 (Pub. L. 
107-110).

PURPOSE(S):
    To establish a Native Hawaiian Education Council to help coordinate 
the educational and related services available to Native Hawaiians, 
including programs receiving funding under the Native Hawaiian 
Education 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) 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 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) 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) 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.
    (4) 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.
    (5) 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.
    (6) 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:
    Records are maintained in hard copy filed in file cabinets and on 
personal computers.

RETRIEVABILITY:
    Records are retrieved by the name of the individual.

SAFEGUARDS:
    Direct access to records is restricted to authorized personnel 
through locked files, rooms, and buildings, as well as building pass 
and security guard sign-in systems. 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.

RETENTION AND DISPOSAL:
    Records are disposed of in accordance with the Department's Records 
Disposition Schedules (ED/RDS), Part 5 and the National Archives and 
Records Administration's General Records Schedules (GRS) 16, item 8.

SYSTEM MANAGER(S) AND ADDRESS:
    Native Hawaiian Program Manager, School Improvement Programs, U.S. 
Department of Education, 400 Maryland Avenue, SW., Room 3E126, 
Washington, DC 20202-6140.

NOTIFICATION PROCEDURE:
    If you wish to determine whether a record exists regarding you in 
this

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system of records, contact the system manager. Your request must meet 
the requirements of the Department's Privacy Act regulations in 34 CFR 
5b.7, including proof of identity. You may present your request in 
person at any of the locations identified for this system of records or 
address your request to the system manager at the following address: 
School Improvement Programs, U.S. Department of Education, 400 Maryland 
Avenue, SW., Room 3E126, Washington, DC 20202-6140.

RECORD ACCESS PROCEDURES:
    Same as notification procedures. Requestors should also reasonably 
specify the record contents being sought. These access procedures are 
in accordance with Department regulations (34 CFR 5b.5(a)(2)).

CONTESTING RECORD PROCEDURES:
    Contact the official at the address specified under notification 
procedures, reasonably identify the record, and specify the information 
to be contested. Your request must meet the regulatory requirements of 
34 CFR 5b.7, including proof of identity.

RECORD SOURCE CATEGORIES:
    Information in this system of records will be obtained from the 
individuals, references, recommendations, private organizations, 
Members of Congress, and other government sources.

SYSTEM EXEMPTED FROM CERTAIN PROVISIONS OF THE ACT:
    None.

[FR Doc. 02-14126 Filed 6-5-02; 8:45 am]
BILLING CODE 4000-01-P