30182 Federal Register / Vol. 64, No. 107 / Friday, June 4, 1999 / Notices
transcripts are appended to the records DISCLOSURE TO CONSUMER REPORTING Your requests must meet the
as well. AGENCIES: requirements in the regulations at 34
The records for schools and local Not applicable to this system of CFR 5b.5, including proof of identity.
education agencies contain information records.
CONTESTING RECORDS PROCEDURE:
on numbers and characteristics of POLICIES AND PRACTICES FOR STORING,
teaching staff, administrators, financial If you wish to contest the content of
RETRIEVING, ACCESSING, RETAINING, AND
and demographic data, and data related DISPOSING OF RECORDS IN THE SYSTEM:
a record regarding you, contact the
to student performance.The records system manager. Your request must
STORAGE: meet the requirements in the regulations
related to teachers and administrators
contain, in addition to the above, The research files will be stored on at 34 CFR 5b.7.
information on training and experience, computer tapes and diskettes. The
location files will be kept on computer RECORD SOURCE CATEGORIES:
salary history, and attitudes and
tapes. Information in the records comes form
opinions on educational and operational
responses to survey instruments.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
The records are retrievable by title of SYSTEM EXEMPTED FROM CERTAIN PROVISIONS
survey and name of person. OF THE ACT:
20 U.S.C. 1221e–1. None.
PURPOSE(S): Appendix to 18–13–01
The research files and location files
This system is used to describe the are not directly mergeable in the form Additional System Locations
critical influences, contexts, and maintained and stored. The U.S. Bureau of the Census, Federal Office
transitions of students in elementary, identification codes on each file are Building 3, Washington, DC 20233.
secondary, and postsecondary education different. They can be related by use of WESTAT, 1650 Research Boulevard,
and into employment and adult an encryption algorithm known to only Rockville, Maryland 20850.
experience. a few authorized staff. Copies of the Research Triangle Institute, P.O. Box 12194,
computer tapes and discs containing the Research Triangle Park, North Carolina
ROUTINE USES OF RECORDS MAINTAINED IN THE
location files are stored with three levels 27709.
SYSTEM, INCLUDING CATEGORIES OF USERS AND
of password protection. Hence, National Opinion Research Center, 1155 E.
THE PURPOSES OF SUCH USES:
immediate access to the location files is 60th Street, Chicago, Illinois 60637–
The Department of Education 2799.
possible only by authorized staff. When
(Department) may disclose information Educational Testing Service, 1825 Eye Street,
in active use for editing, tabulation and NW, Suite 475, Washington, DC 20006.
contained in a record in this system of
analysis, files of information and The Gallup Organization, One Church Street,
records under the routine uses listed in
identifiers will not be kept together Suite 900, Rockville, MD 20850.
this system of records without the
unless necessary for processing the data. MPR Associates, 1995 University Avenue,
consent of the individual if the
The files will be accessed only through Suite 225, Berkeley, California 94704.
disclosure is compatible with the Abt Associates, 55 Wheeler Street,
approved identification of the user and
purpose for which the record was Cambridge, Massachusetts 02138.
the use of passwords. Passwords will be
collected. These disclosures may be Pelavin Research Institute, 1,000 Thomas
changed at the conclusion of each
made on a case-by-case basis or, if the Jefferson Street, Suite 400, Washington,
period of use and returned to storage.
Department has complied with the Tapes, discs and questionnaires will be
computer matching requirements of the Institute for Social Research, Survey
kept in locked files in locked rooms. Research Associates, University of
Act, under a computer matching
agreement. RETENTION AND DISPOSAL: Michigan, 426 Thompson, Ann Arbor,
(1) Contract Disclosure. When the The records will be kept for five years School of Education, University of Michigan,
National Center for Education Statistics after the final survey administration, 610 E. University, Ann Arbor, MI 48109.
intends to contract with a private firm including the base year survey and any
for the purpose of collating, analyzing, following surveys and then transferred 18–13–02
aggregating, maintaining, appending, or to the Federal Records Center, where,
otherwise refining records in this after 15 years, they will be destroyed.
system, the Commissioner of Education National Center for Education
SYSTEM MANAGER(S) AND ADDRESS: Statistics Affidavits of Nondisclosure.
Statistics may release relevant records to
the contractor. The contractor will be Commissioner, National Center for
required to maintain safeguards under Education Statistics, Office of
Educational Research and Improvement, None.
the Privacy Act of 1974 and under
section 406(d)(4) of GEPA (20 U.S.C. U.S. Department of Education, 555 New SYSTEM LOCATION:
1221e–1(d)(4)) with respect to such Jersey Avenue, NW., Room 400,
Washington, DC 20208–5574. See the Appendix to this system
(2) Research Disclosure. Where the NOTIFICATION PROCEDURE:
Commissioner of Education Statistics If you wish to determine whether a CATEGORIES OF INDIVIDUALS COVERED BY THE
determines that an individual or SYSTEM:
record exists regarding you in the
organization is qualified to carry out system of records, contact the system This system contains information on
specific research, the Commissioner manager at the address listed above. employees of the National Center for
may disclose information from these Your request must meet the Education Statistics (NCES) or other
systems of records to that researcher requirements in the regulations at 34 persons who assist NCES in the
solely for the purpose of carrying out CFR 5b.5, including proof of identity. performance of its work, who have
that research. The researcher shall be access to any record, response form,
required to maintain under the Privacy RECORD ACCESS PROCEDURE: completed survey or aggregation thereof
Act of 1974 and 20 U.S.C. 1221–e1(d)(4) If you wish to gain access to a record from which information about
safeguards with respect to such records. regarding you, contact system manager. individual students, teachers,
Federal Register / Vol. 64, No. 107 / Friday, June 4, 1999 / Notices 30183
administrators, or other individual Commissioner to assist in the collection (6) Parties, counsels, representatives
persons may be revealed, and who have of data on behalf of NCES to ensure that and witnesses. If the Department
signed a pledge not to disclose such these entities maintain an accurate file determines that disclosure of certain
information. Other persons who may of individuals who have access to records to a party, counsel,
assist NCES include employees of individually identifiable information in representative or witness in an
companies, profit or nonprofit performance of their duties under the administrative proceeding is relevant
organizations, State agencies, local contract or other agreement. and necessary to the litigation, the
agencies or instrumentalities having a (2) Enforcement Disclosure. In the Department may disclose those records
contract, task order, interagency event that information in this system of as a routine use to the party, counsel,
agreement, or some other formal records indicates, either on its face or in representative or witness.
agreement with NCES and who have connection with other information, a (7) Employee Grievance, Complaint or
access to individually identifiable violation or potential violation of any Conduct Disclosure. The Department
information. applicable statute, regulation, or order may disclose a record in this system of
of a competent authority, the records to another agency of the Federal
CATEGORIES OF RECORDS IN THE SYSTEM:
Department may disclose the relevant Government if the record is relevant to
This system contains the following records to the appropriate agency, one of the following proceedings
information: whether foreign, Federal, State, Tribal, regarding a present or former employee
(1) The affidavit of nondisclosure that
or local, charged with the responsibility of the Department: Complaint,
includes the individual’s name, place of
of investigating or prosecuting that grievance, discipline or competence
work (company, agency, etc.), signature,
violation or charged with enforcing or determination proceedings. The
and date signed; and
implementing the statute, executive disclosure may only be made during the
(2) the name of the project or survey
order, rule, regulation, or order issued course of the proceeding.
in which the entity employing the
pursuant thereto. (8) Freedom of Information Act
individual was involved.
(3) Litigation and Alternative Dispute (FOIA) Advice Disclosure. The
AUTHORITY FOR MAINTENANCE OF THE SYSTEM: Resolution (ADR) Disclosures. Department may disclose records to the
Section 406(d)(4) of the General (a) Introduction. In the event that one Department of Justice and the Office of
Education Provisions Act, as amended of the parties listed below is involved in Management and Budget if the
by Title III, Part A, Section 3001, of litigation or ADR, or has an interest in Department concludes that disclosure is
Public Law 100–297, April 28, 1988 (20 litigation ADR, the Department may desirable or necessary in determining
U.S.C. 1221e–1(d)(4)). disclose certain records to the parties whether particular records are required
described in paragraphs (b), (c) and (d) to be disclosed under the FOIA.
of this routine use under the conditions (9) Contract Disclosure. If the
This system of records is used for the specified in those paragraphs: Department contracts with an entity for
following purposes: (1) To maintain (i) The Department of Education, or the purposes of performing any function
information necessary for internal any component of the Department; or that requires disclosure of records in
control and monitoring of those having (ii) Any Department employee in his this system to employees of the
access to individually identifiable or her official capacity; or contractor, the Department may disclose
information; (2) to provide evidence in (iii) Any Department in his or her the records to those employees. Before
disciplinary actions or prosecution of individual capacity if the Department of entering into such a contract, the
individuals who disclose individually Justice (DOJ) has agreed to provide or Department shall require the contractor
identifiable information protected from arrange for representation for the to maintain Privacy Act safeguards
disclosure under Section 406(d)(4) of employee; or under 5 U.S.C. 552a(m) with respect to
the General Education Provisions Act, (iv) Any Department employee in his such records.
as amended; and (3) to ensure that or her individual capacity where the
individuals utilized by the agency has agreed to represent the DISCLOSURE TO CONSUMER REPORTING
Commissioner of NCES protect the employee; or AGENCIES:
individually identifiable data of NCES. (v) The United States where the Not applicable to this system of
ROUTINE USES OF RECORDS MAINTAINED IN THE Department determines that the records.
SYSTEM, INCLUDING THE CATEGORIES OF USERS litigation is likely to affect the
POLICIES AND PRACTICES FOR STORING,
AND THE PURPOSES OF THOSE USERS: Department or any of its components.
RETRIEVING, ACCESSING, RETAINING, AND
The Department of Education (4) Disclosure to the DOJ. If the DISPOSING OF RECORDS IN THE SYSTEM:
(Department) may disclose information Department determines that disclosure
contained in a record in this system of of certain records to the DOJ is relevant STORAGE:
records under the routine uses listed in and necessary to litigation and ADR, the Information will be kept in file folders
this system of records without the Department may disclose those records and on computer diskettes or computer
consent of the individual if the as a routine use to the DOJ. tapes.
disclosure is compatible with the (5) Administrative Disclosures. If the
purpose for which the record was Department determines that disclosure RETRIEVABILITY:
collected. These disclosures may be of certain records to an adjudicative The records will be retrievable by
made on a case-by-case basis or, if the body before which the Department is name, date, and place of work of the
Department has complied with the authorized to appear, an individual or individual.
computer matching requirements of the entity designated by the Department or
otherwise empowered to resolve or SAFEGUARDS:
Act, under a computer matching
agreement. mediate disputes is relevant and The records will be kept in locked
(1) Contractor Disclosure. A record necessary to the administrative files. The computer tapes and diskettes
may be disclosed from this system of litigation, the Department may disclose will be accessible by authorized
records to employees of entities having those records as a routine use to the personnel through identification
a contract or other agreement with the adjudicative body, individual, or entity. number and password.
30184 Federal Register / Vol. 64, No. 107 / Friday, June 4, 1999 / Notices
RETENTION AND DISPOSAL: MPR Associates, 1995 University Avenue, ROUTINE USES OF RECORDS MAINTAINED IN THE
Each affidavit will be kept for 5 years Suite 225, Berkeley, CA 94704. SYSTEM, INCLUDING CATEGORIES OF USERS AND
after the individual access to NCES Abt Associates, 55 Wheeler Street, THE PURPOSES OF SUCH USES:
Cambridge, MA 02138. The Department of Education
confidential data has ceased and then
Pelavin Research Institute, 1,000 Thomas (Department) may disclose information
will be transferred to the Federal Jefferson Street, Suite 400, Washington,
Records Center, where it can remain up contained in a record in this system of
to 15 years before it is destroyed. Institute for Social Research, Survey records under the routine uses listed in
Research Associates, University of this system of records without the
SYSTEM MANAGER(S) AND ADDRESS: consent of the individual if the
Michigan, 426 Thompson, Ann Arbor,
Chief Statistician & Individual Survey MI 48106. disclosure is compatible with the
Project Officers, National Center for School of Education, University of Michigan, purposes for which the record was
Education Statistics, U.S. Department of 610 E. University, Ann Arbor, MI 48109. collected. These disclosures may be
Education, 555 New Jersey Avenue, made on a case-by-case basis or, if the
NW., Washington, DC 20208-5574. 18–13–03
Department has complied with the
NOTIFICATION PROCEDURE: SYSTEM NAME: computer matching requirements of the
National Center for Education Act, under a computer matching
If you wish to determine whether a
Statistics’ National Assessment of agreement.
record exists regarding you in this During a six-month verification
system of records, contact the system Educational Progress.
period, individually identifiable
manager at the address listed above and SECURITY CLASSIFICATION: information about individuals who
provide your name, place of work (i.e. leave school early or are young adults is
company, agency, etc.), and the dates of None.
subject to the Privacy Act, and may be
employment. Your request must meet SYSTEM LOCATION: disclosed under routine uses that are
the requirements in the regulations at 34 consistent with the Commissioner’s
WESTAT, 1650 Research Boulevard,
CFR 5b.5, including proof of identity. authority under section 406(d)(4) of
Rockville, MD 20850.
RECORD ACCESS PROCEDURESS: Educational Testing Service, Rosedale GEPA (20 U.S.C. 1221e-1(d)(4)). The
If you wish to gain access to records Road, Princeton, NJ 08541. routine uses that apply to this period
regarding you in this system of records, National Computer Systems, 2510 N. permit disclosures to individuals who:
contact the system manager and provide Dodge Street, Iowa City, IA 52245. (1) Take the oath and sign an affidavit
your name, place of work (i.e. company, of nondisclosure required under 20
agency, etc.), and the dates of CATEGORIES OF INDIVIDUALS COVERED BY THE U.S.C. 9007;
SYSTEM: (2) Work for a contractor, grantee, or
employment. Your request must meet
the requirements in the regulations at 34 This system contains information on party to a cooperative agreement or
CFR 5b.5, including proof of identity. the following individuals: (1) other entity that has an agreement with
Individuals who leave school early as the Commissioner to conduct research
CONTESTING RECORD PROCEDURES: early graduates or as drop-outs (defined for National Center for Education
If you wish to contest the content of as 17-year-olds who are no longer in Statistics (NCES), or
a record regarding you, contact the school) and are covered during a six (3) Work under a research contract,
system manager. Your request to amend month data verification period; (2) grant, or cooperative agreement with a
a record must meet the requirements of young adults in the study who are Federal, State, or local agency that
43 CFR 5b.7. covered during a six month data requires the use of individually
verification period; and (3) individual identifiable information, and the
RECORD SOURCE CATEGORIES:
schools which are covered under the research is compatible with the purpose
Information in the records comes from National Assessment of Educational for which NCES collected the data, or
individuals who have signed the Progress (NAEP) statute (20 U.S.C. 9010 (4) Work under an agreement in
affidavits of nondisclosure. (c)(2)(A)). writing to:
SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS
(i) Use the information for statistical
CATEGORIES OF RECORDS IN THE SYSTEM: purposes only,
OF THE ACT:
Records contain responses to (ii) Maintain the data in accordance
assessment and survey instruments. The with applicable Federal laws,
Appendix to 18–13–02 contents of these instruments are of two (iii) Prohibit redisclosure in
Additional System Locations types: (1) Cognitive test items to assess identifiable form, and
the educational achievement of students (iv) Permit NCES’ periodic inspection
National Center for Education Statistics, U.S. to determine adherence to the contract
Department of Education, 555 New and young adults in various subject
Jersey Avenue, NW., Washington, DC areas taught in school; and (2) questions or agreement.
20202–5574. about student demographic and Regarding the records of individual
U.S. Bureau of the Census, Federal Office background variables as well as the schools, which, under 20 U.S.C.
Building 3, Washington, DC 20233. characteristics of teachers and schools. 9010(c)(2)(A), must be treated as
WESTAT, 1650 Research Boulevard, individuals subject to the Privacy Act,
Rockville, Maryland 20850. AUTHORITY FOR MAINTENANCE OF THE SYSTEM: NCES may make routine use
Research Triangle Institute, P.O. Box 12194, 20 U.S.C. 9010. disclosures, consistent with the
Research Triangle Park, North Carolina statistical purposes for which a record
27709. PURPOSE(S): was supplied, as follows:
National Opinion Research Center, 1155 E. The purpose of the National (1) Contract Disclosure. If the
60th Street, Chicago, Illinois 60637–
Assessment of Educational Progress Department contracts with an entity for
Educational Testing Service, 1825 Eye Street, (NAEP), funded by the Department of the purposes of performing any function
NW, Suite 475, Washington, DC 20006. Education, is to provide information on that requires disclosure of records in
The Gallup Organization, One Church Street, the educational achievement of young this system to employees of the
Suite 900, Rockville, MD 20850. Americans over time. contractor, the Department may disclose