Federal Register Vol No Friday June Notices DISCLOSURE TO CONSUMER

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Federal Register Vol No Friday June Notices DISCLOSURE TO CONSUMER Powered By Docstoc
					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.
questions.                                   RETRIEVABILITY:

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.
                                             SAFEGUARDS:
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
                                                                                                DC 20007.
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,
                                                                                                MI 48106.
  (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,
                                                                                           SYSTEM NAME:
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
                                                                                           SECURITY CLASSIFICATION:
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
records.                                                                                   notice.
  (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.
PURPOSE(S):
                                            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
                                                      DC 20007.
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
  None.
                                                 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–
    2799.
                                                 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