30146 Federal Register / Vol. 64, No. 107 / Friday, June 4, 1999 / Notices 

(c) Administrative Disclosures. If the 

Department or one of its components 

determines that disclosure of certain 

records to an adjudicative body before 

which the Department or one of its 

components 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 or one 

of its components 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 or its component may 

disclose those records as a routine use 

to the party, counsel, representative or 

witness. 

(6) Freedom of Information Act 

Advice Disclosure. The Department may 

disclose records to the Department of 

Justice if the Department determines 

that disclosure is desirable or necessary 

in determining whether particular 

records are required to be disclosed 

under the FOIA. 

(7) 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. 

(8) Congressional Member Disclosure. 

The Department may disclose 

individual records to a member of 

Congress from the record of an 

individual in response to an inquiry 

from the member made 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. 

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 in this system are 

contained in file folders. 

RETRIEVABILITY: 

The records in this system are 

indexed by and retrievable by the name 

of the case or the complaint number. 

SAFEGUARDS: 

OCR keeps case files in lockable 

cabinets located in lockable storage 

rooms. Access to offices in which 

storage rooms are located is restricted to 

OCR staff and authorized visitors. 

RETENTION AND DISPOSAL: 

Pursuant to the Department’s Record 

Disposition Schedules, files at the 

Headquarters Office will be transferred 

to the Federal Records Center (FRC) 

after the case has been inactive for five 

years. Files at the regional offices are 

transferred to the FRC after the file has 

been inactive for two years. All files are 

destroyed fifteen years after the end of 

the fiscal year in which the case is 

resolved. 

SYSTEM MANAGER(S) AND ADDRESS: 

Deputy Assistant Secretary for Civil 

Rights, U.S. Department of Education, 

400 Maryland Avenue, SW., Room , 

Switzer Building, Washington, DC 

20202. 

RECORD SOURCE CATEGORIES: 

Records are derived from information 

in complaint investigation files. 

NOTIFICATION PROCEDURES: 

This system is exempted from 5 

U.S.C. 552a (e)(4)(G) pursuant to 34 CFR 

5b.11(c)(2)(iii). 

RECORD ACCESS PROCEDURES: 

This system is exempted from 5 

U.S.C. 552a(e)(4)(H) pursuant to 34 CFR 

5b.11(c)(2)(iii). 

CONTESTING RECORD PROCEDURES: 

This system is exempted from 5 

U.S.C. 552a(e)(4)(H) pursuant to 34 CFR 

5b.11(c)(2)(iii). 

SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS 

OF THE ACT: 

The Secretary has by regulations 

exempted the Complaint Files and Log, 

Office for Civil Rights from the 

following provisions of the Privacy Act 

pursuant to 5 U.S.C. 552(k)(2) (civil 

enforcement): 

(1) 5 U.S.C. 552a(c)(3), regarding 

access to an accounting of disclosures of 

records. 

(2) 5 U.S.C. 552a(d)(1) through (4) and 

(f), regarding notification of and access 

to records and correction or amendment 

of records. 

(3) 5 U.S.C. 552a(e)(1), regarding the 

requirement to maintain only relevant 

and necessary information. 

(4) 5 U.S.C. 552a(e)(4)(G), (H), and (I), 

regarding inclusion of information in 

the system notice about procedures for 

notification, access, correction, and 

source of records. These exemptions are 

stated in 34 CFR 5b.11. As indicated in 

34 CFR 5b.11(c)(2), individuals will be 

provided information from this record 

system except when in accordance with 

the provisions of 5 U.S.C. 552a(k)(2), 

unless: 

(1) Disclosure of such information 

would reveal the identity of a source 

who furnished information to the 

Government under an express promise 

that the identity of the source would be 

held in confidence, or 

(2) If the information was obtained 

prior to September 28, 1975, disclosure 

of such information would reveal the 

identity of the source under an implied 

promise that the identity of the source 

would be held in confidence. 

Appendix to 18–08–02 

Additional System Locations and System 

Managers 

OCR, Boston Office, J.W. McCormack Post 

Office and Court House Building, Room 

222, Boston, MA 02109-4557. 

OCR, New York Office, 75 Park Place, 14th 

Floor, New York, NY 10007. 

OCR, Philadelphia Office, 100 Penn Square 

East, Suite 515, Philadelphia, PA 19107. 

OCR, Chicago Office, 111 North Canal Street, 

Room 1053, Chicago, IL 60606–7204. 

OCR, Cleveland Office, Bank One Center, 600 

Superior Avenue, East, Suite 750, 

Cleveland, OH 44114–2611. 

OCR, Atlanta Office, Sam Nunn Federal 

Office Building, 61 Forsyth Street SW, 

Suite 19T70, Atlanta, GA 30303. 

OCR, Dallas Office, 1999 Bryan Street, Suite 

2600, Dallas, TX 75201. 

OCR, Kansas City Office, 10220 N. Executive 

Hills Boulevard, Kansas City, MO 

64153–1367. 

OCR, Denver Office, Colonnade Building, 

1244 Speer Boulevard, Suite 300, 

Denver, CO 80204–3582. 

OCR, San Francisco Office, Old Federal 

Building, 50 United Nations Plaza, Room 

239, San Francisco, CA 94102. 

OCR, Seattle Office, Henry M. Jackson 

Federal Building, 915 Second Avenue, 

Room 3310, Seattle, WA 98174–1099. 

OCR, District of Columbia Office, PO Box 

14620, Washington, DC 20004–4620. 

18–09–01 

SYSTEM NAME: 

Administrative Claims. 

SECURITY CLASSIFICATION: 

None. 
Federal Register / Vol. 64, No. 107 / Friday, June 4, 1999 / Notices 30147 

SYSTEM LOCATION: 

Office of General Counsel, U.S. 

Department of Education, 400 Maryland 

Avenue, SW, Room 6E301, Washington, 

DC 20202. 

CATEGORIES OF INDIVIDUALS COVERED BY THE 

SYSTEM: 

This system contains records about 

Department employees, recipients of 

Federal assistance under Department 

funded programs, and members of the 

public who have a claim against the 

Department or against whom the 

Department has a claim under the 

Federal Torts Claims Act, Military 

Personnel and Civilian Employees 

Claims Act, Federal Claims Collection 

Act or Act for Waiver of Overpayment 

of Pay. 

CATEGORIES OF RECORDS IN THE SYSTEM: 

This system contains information that 

is pertinent to the particular claim being 

asserted, including accident reports, 

hospital records, charges for medical 

service; certifications of overpayments, 

audits of payroll accounts during period 

of overpayments, earning and leave 

statements; claims officers 

memorandum, final determinations 

made on claims, identity of debtors and 

information pertaining to how debts 

arose. 

AUTHORITY FOR MAINTENANCE OF THE SYSTEM: 

Federal Torts Claims Act (28 U.S.C. 

2671–2680, 1346(b); Waiver of 

Overpayment of Pay Act (5 U.S.C. 5584; 

Military Personnel and Civilian 

Employees Claims Act, 31 U.S.C. 240 et 

seq.; Federal Claims Collection Act, 31 

U.S.C. 951–953. 

PURPOSE(S): 

The information in this system is used 

to adjudicate claims between the U.S. 

and private parties. 

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) Program Disclosure. The 

Department may disclose information to 

Federal, State, and local law 

enforcement agencies, private 

individuals, private and public 

hospitals, allegedly negligent parties, 

private attorneys, insurance companies, 

the United States Attorney and other 

Federal officials and agencies, 

individual law enforcement officers, 

and tribal officials for the purpose of 

investigating, settling, or litigating 

claims. 

(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) 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. 

(5) 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 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 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 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. 

(6) 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. 

(7) 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 
30148 Federal Register / Vol. 64, No. 107 / Friday, June 4, 1999 / Notices 

written request of that individual. The 

member’s right to the information is no 

greater than the right of the individual 

who requested it. 

POLICIES AND PRACTICES FOR STORING, 

RETRIEVING, ACCESSING, RETAINING, AND 

DISPOSING OF RECORDS IN THE SYSTEM: 

STORAGE: 

Records are maintained in legal size 

files in filing cabinets. 

RETRIEVABILITY: 

Records can be retrieved by the name 

of the non-Government party, whether 

claimant, plaintiff, or alleged debtor. In 

some instances, these records are 

retrievable by cross reference to index 

cards, containing name of the party 

involved and the subject matter. 

SAFEGUARDS: 

Office buildings in which files are 

kept are locked after the close of the 

business day. These files are only 

accessible to General Counsel staff. 

RETENTION AND DISPOSAL: 

The records are maintained in 

accordance with the Department of 

Education Records Disposition 

Schedules (ED/RDS). 

SYSTEM MANAGER(S) AND ADDRESS: 

The General Counsel, Office of the 

General Counsel, U.S. Department of 

Education, 400 Maryland Avenue, SW., 

Room 6E301, Washington, DC 20202. 

NOTIFICATION PROCEDURE: 

If you wish to determine whether a 

record exists regarding you in the 

system of records, contact the system 

manager. Your request must meet the 

requirements of the regulations at 34 

CFR 5b.5, including proof of identity. 

RECORD ACCESS PROCEDURES: 

If you wish to gain access to a record 

regarding you in the system of records, 

contact the system manager. Your 

request must meet the requirements of 

the regulations at 34 CFR 5b.5, 

including proof of identity. 

CONTESTING RECORD PROCEDURES: 

If you wish to contest the content of 

a record regarding you in the system of 

records, contact the system manager. 

Your request must meet the 

requirements of the regulations at 34 

CFR 5b.7. 

RECORD SOURCE CATEGORIES: 

The information in this system comes 

from a number of sources including 

private individuals, private and public 

hospitals, doctors, law enforcement 

agencies and officials, private attorneys, 

accident reports, third parties, claimants 

for beneficiaries and their relatives, 

other Federal agencies, State and local 

governments, agencies and 

instrumentalities. 

SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS 

OF THE ACT: 

None. 

18–09–02 

SYSTEM NAME: 

OGC Attorney Applicant Files. 

SECURITY CLASSIFICATION: 

None. 

SYSTEM LOCATION: 

Office of the General Counsel, U.S. 

Department of Education, 400 Maryland 

Avenue, SW., Room 6E301, Washington, 

DC 20202. 

CATEGORIES OF INDIVIDUALS COVERED BY THE 

SYSTEM: 

This system contains records on 

current Attorney Applicants for 

positions in the Office of the General 

Counsel. 

CATEGORIES OF RECORDS IN THE SYSTEM: 

The Attorney Applicant system 

consists of a variety of records relating 

to persons applying for attorney 

positions. These records contain 

information about an individual’s birth 

date; home address; telephone number; 

Social Security number; educational 

background (e.g., law schools attended 

and grades); past work experience; 

writing samples furnished on request; 

recommendations from past employers 

and academic officials. 

AUTHORITY FOR MAINTENANCE OF THE SYSTEM: 

5 U.S.C. 3301 et seq. 

PURPOSE(S): 

The information in this system is used 

to evaluate the qualifications of those 

individuals who apply for attorney 

positions in the Office of the General 

Counsel. 

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 parties listed below is involved in 

litigation or ADR, or has an interest in 

litigation 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 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. 

(2) 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.