65FR38265 Privacy Act of 1974; System of Records
robop...@us.govnews.org
Posting-number: Volume 65, Issue 119, Page 38265
[Federal Register: June 20, 2000 (Volume 65, Number 119)]
[Notices]
[Page 38265-38268]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr20jn00-51]
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DEPARTMENT OF EDUCATION
Privacy Act of 1974; System of Records
AGENCY: Office of Management.
ACTION: Notice of a new system of records.
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SUMMARY: In accordance with the Privacy Act of 1974, as amended, the
Department of Education (ED) publishes this notice of a new system of
records entitled ``Child Care Subsidy Program System.'' The system will
contain information about employees who apply for a subsidy for child
care expenses, their spouses and the children who are enrolled in
government-subsidized child care, the employee's application for, and
participation in, the child care subsidy program, including the
employee's name, their spouse's name, the employee's title, grade and
salary, the employee's home and work telephone numbers, the employee's
home and work addresses, the organization in which the employee works,
the employee's social security number, their spouse's social security
number, the employee's tax returns, their spouse's tax returns, the
name and social security number of the child on whose behalf the parent
is applying for a subsidy, the child's date of birth, the date of entry
into the Child Care Subsidy Program, and the amount of subsidy
received; the name, address, telephone number, employer identification
number (EIN), license and accreditation status of the child care center
in which the employee's child(ren) is (are) enrolled, and the dates of
attendance.
The Department seeks comment on this new system of records
described in this notice, in accordance with the requirements of the
Privacy Act.
DATES: We must receive your comments on the proposed routine uses for
the systems of records included in this notice on or before July 20,
2000. The Department filed a report describing the new system of
records covered by this notice with the Chair of the Committee on
Governmental Affairs of the Senate, the Chair of the Committee on
Government Reform and Oversight of the House, and the Administrator of
the Office of Information and Regulatory Affairs, Office of Management
and Budget (OMB) on June 16, 2000. The changes made in this notice will
become effective after the 30-day period for OMB review of the systems
expires on July 17, 2000; unless OMB gives specific notice within the
30 days that the changes are not approved for implementation or
requests an additional 10 days for its review. The routine uses become
effective 30 days after publication unless they need to be changed as a
result of public comment or OMB review. The Department will publish any
changes to the routine uses.
ADDRESSES: Address all comments about the proposed routine uses to
Elizabeth Mackenzie, Office of the General Counsel, U.S. Department of
Education, 400 Maryland Avenue, SW., room 6E236, Washington, DC 20202.
Telephone: 202-401-6700. If you prefer to send comments through the
Internet, use the following address: Comm...@ed.gov. You must include
the term ``SOR Child Care'' in the subject line of the electronic
message.
During and after the comment period, you may inspect all comments
about this notice in room 6E236, 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 supply an appropriate aid, such as a reader or print
magnifier,
[[Page 38266]]
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,
you may call (202) 205-8113 or (202) 260-9895. If you use a TDD, you
may call the Federal Information Relay Service at 1-800-877-8339.
FOR FURTHER INFORMATION CONTACT: Ray Van Buskirk, Work/Life Programs
Group Director, Office of Management, U.S. Department of Education, 400
Maryland Avenue, SW., room 2W305, Washington, DC 20202. Telephone:
(202) 260-8979.
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.
Introduction
The Privacy Act (5 U.S.C. 552a) (Privacy Act) 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 Act are contained in the Code of Federal
Regulations (CFR) in 34 CFR part 5b.
The Privacy Act applies to information about individuals that
contain individually identifiable information and that may be 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 all other Department of
Education documents published in the Federal Register, in text or Adobe
Portable Document Format (PDF) on the Internet at either of the
following sites:
http://ocfo.ed.gov.fedreg.htm.
http://www.ed.gov/news.html.
To use PDF you must have Adobe Acrobat Reader, which is available
free at either of the previous sites. 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.access.gpo.gov/nara/index.html.
Dated: June 15, 2000.
Willie H. Gilmore,
Director, Office of Management.
The Office of Management of the U.S. Department of Education
publishes a notice of a new system of records to read as follows:
System Identification Number:
18-05-13.
System Name:
Child Care Subsidy Program System.
Security Classification:
None.
System Location:
U.S. Department of Education, Office of Management, 400 Maryland
Avenue, SW., room 2W200, Washington, DC 20202.
Categories of Individuals Covered by the System:
This system contains records on employees who apply for a subsidy
for child care expenses, their spouses and the children who are
enrolled in government-subsidized child care.
Categories of Records in the System:
This system consists of records relating to an employee's
application for, and participation in, the child care subsidy program,
including the employee's name, their spouse's name, the employee's
title, grade and salary, the employee's home and work telephone
numbers, the employee's home and work addresses, the organization in
which the employee works, the employee's social security number, their
spouse's social security number, the employee's tax returns, their
spouse's tax returns, the name and social security number of the child
on whose behalf the parent is applying for a subsidy, the child's date
of birth, the date of entry into the Child Care Subsidy Program, and
the amount of subsidy received; the name, address, telephone number,
employer identification number (EIN), license and accreditation status
of the child care center in which the employee's child(ren) is (are)
enrolled, and the dates of attendance.
Authority for Maintenance of the System:
Pub. L. 106-58 (113 Stat. 477).
Purpose(s):
The information contained in this system is used for the purposes
of determining program eligibility and benefits, verifying the identity
of the individual, verifying the eligibility of the child care center,
investigating possible fraud and verifying compliance with regulations.
Routine Uses of Records Maintained in the System, Including Categories
of Users and the Purpose of Such Uses:
The Department of Education (the Department) may disclose
information contained in a record in the systems 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.
(1) Disclosures to Child Care Providers. The Department may
disclose information from this system of records to child care
providers in order to verify a child's dates of attendance at the
provider's facility.
(2) Disclosure for Use by Other Law Enforcement Agencies. The
Department may disclose information to any Federal, State, local, or
foreign agency or other public authority 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 prosecutive responsibility
within the receiving entity's jurisdiction.
(3) 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, regulation, 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, regulation, or order issued pursuant thereto.
(4) Litigation and Alternative Dispute Resolution (ADR)
Disclosures.
(a) Introduction. In the event that one of the parties listed below
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:
[[Page 38267]]
(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
where the agency has agreed to represent the employee; or
(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 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.
(5) Employment, Benefit, and Contracting Disclosure.
(a) For Decisions by the Department. The Department may disclose a
record to a Federal, State, or local 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 Department 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, 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.
(6) 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 only be made during the
course of the proceeding.
(7) Labor Organization Disclosure. A component of the Department
may disclose records to a labor organization if a contract between the
component and a labor organization recognized under Title V of the
United States Code, Chapter 71, provides that the Department will
disclose personal records relevant to the organization's mission. The
disclosures will be made only as authorized by law.
(8) Freedom of Information Act (FOIA) Advice Disclosure. The
Department may disclose records to the Department of Justice and the
Office of Management and Budget if the Department concludes that
disclosure is desirable or necessary in determining whether particular
records are required to be disclosed under the FOIA.
(9) Disclosure to the Department of Justice (DOJ). 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.
(10) 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.
(11) 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 related to functions or
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 related to the functions or purposes of
this system of records. The researcher shall be required to maintain
Privacy Act safeguards with respect to the disclosed records.
(12) 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.
(13) Disclosure to the Office of Management and Budget (OMB) for
Credit Reform Act (CRA) Support. The Department may disclose records to
OMB as necessary to fulfill CRA requirements.
Disclosure to Consumer Reporting Agencies:
Not applicable.
Policies and Practices for Storing, Retrieving, Accessing, Retaining,
and Disposing of Records in the System:
Storage
The records are maintained in hard copy and on a computer database.
Retrievability:
The files in this system are retrievable by social security number
or name.
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 system employed by the Department offers a high
degree of resistance to tampering and circumvention. This security
system limits data access to Department and contract staff on a need to
know basis, and controls individual users' ability to access and alter
records within the system. All users of this system of records are
given a unique user ID with personal identifiers. All interactions by
individual users with the system are recorded.
Retention and Disposal:
Records of individual are destroyed after five years.
System Manager(s) and Address:
Lead Program Specialist, Family-Friendly Programs, Work/Life
Programs Group, Office of Management, 400 Maryland Avenue SW., room
2W200 Washington, DC 20202.
[[Page 38268]]
Notification Procedures:
If you wish to determine whether a record exists regarding you in
this system of records, contact the system manager. Your request must
meet the requirements of the Department's Privacy Act regulations at 34
CFR 5b.5, 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 address listed above.
Record Access Procedures:
If you wish to access a record regarding you in this system of
records, contact the system manager. Your request must meet the
requirements of the Department's Privacy Act regulations at 34 CFR
5b.5, 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 address listed above.
Contesting of Records Procedures:
If you wish to contest a record regarding you in this system of
records, contact the system manager. Your request must meet the
requirements of the Department's Privacy Act regulations at 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 address listed above.
Record Source Categories:
Information is provided by Department employees who apply for a
child care subsidy and from the child care providers.
System Exempted From Certain Provisions of the Act:
None.
[FR Doc. 00-15499 Filed 6-19-00; 8:45 am]
BILLING CODE 4000-01-U