Federal Register / Vol. 64, No. 107 / Friday, June 4, 1999 / Notices 30123 

(v) The United States where the 

Department determines that the 

litigation is likely to affect the 

Department or any of its components. 

(3) 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. 

(4) 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. 

POLICIES AND PRACTICES FOR STORING, 

RETRIEVING, ACCESSING, RETAINING, AND 

DISPOSING OF RECORDS IN THE SYSTEM: 

STORAGE: 

Records are stored in binders in file 

cabinets. 

RETRIEVABILITY: 

Records are filed alphabetically by 

location. 

SAFEGUARDS: 

All physical access to the Department 

of Education site 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. 

RETENTION AND DISPOSAL: 

Superseded policy materials are 

maintained by the Director, Quality 

Workplace Group for historical 

purposes. Records at other Department 

locations are maintained until the 

Parking Control purpose has been met, 

and the records are then destroyed. 

SYSTEM MANAGER(S) AND ADDRESS: 

Director, Quality Work Group (QWG), 

Office of Management, U.S. Department 

of Education, 400 Maryland Avenue, 

SW., Room 2E315, Washington, DC 

20202. 

NOTIFICATION PROCEDURE: 

If you wish to determine whether a 

record exists regarding you in this 

system of records, provide the system 

manager with your name, social security 

number, agency and office and the 

location where Department parking is 

provided. Your request must meet the 

requirements of the regulations at 34 

CFR 5b.5, including proof of identity. 

RECORD ACCESS PROCEDURES: 

Same as Notification Procedure. 

Requesters should also reasonably 

specify the record contents sought. Your 

request must meet the requirements of 

the regulations at 34 CFR 5b.5, 

including proof of identity. 

CONTESTING RECORD PROCEDURES: 

Contact the system manager at the 

address specified under notification 

procedure above, and reasonably 

identify the record and specify the 

information to be contested. Your 

request must meet the requirements of 

the regulations at 34 CFR 5b.7. 

RECORD SOURCE CATEGORIES: 

Information in this system are 

obtained from reports submitted by 

Department Staff, Principal Offices and 

Regional Offices, GSA–Federal 

Management circulars and Federal 

Property Management Regulations. 

SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS 

OF THE ACT: 

None. 

18–05–02 

SYSTEM NAME: 

Family Educational Rights and 

Privacy Act (FERPA) and the Protection 

of Pupil Rights Amendment (PPRA) 

Record Systems. 

SECURITY CLASSIFICATION: 

None. 

SYSTEM LOCATION: 

Family Policy Compliance Office, 

Office of Management, U.S. Department 

of Education, Room 2W100, 

Washington, DC 20202–4506. 

CATEGORIES OF INDIVIDUALS COVERED BY THE 

SYSTEM: 

Individuals who have made inquiries 

or who have filed complaints alleging 

violations of provisions in FERPA and 

PPRA; and those who have commented 

to the Department on its proposed rules 

and practices. 

CATEGORIES OF RECORDS IN THE SYSTEM: 

This system consists of 

correspondence alleging violations of 

FERPA and PPRA as well as comments 

submitted to the Department on its 

proposed rules and practices. 

AUTHORITY OF MAINTENANCE OF SYSTEM: 

Family Educational Rights and 

Privacy Act (20 U.S.C. 1232g) and 

Protection of Pupil Rights Amendment 

(20 U.S.C. 1232h). 

PURPOSE(S): 

Information contained in this system 

is used to resolve disputes regarding 

violations of FERPA and PPRA. 

ROUTINE USES OF RECORDS MAINTAINED IN THE 

SYSTEM, INCLUDING CATEGORIES OF USERS AND 

THE PURPOSE 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) Member of Congress 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. 

(2) Educational Agency or Institution. 

The Department may disclosure records 

from this system of records to an 

educational agency or institution against 

which a complaint has been made. 

(3) State Educational Agency. The 

Department may disclose records to a 

State educational agency relative to an 

educational agency or institution in that 

State against which a complaint has 

been filed. 

(4) 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. 

(5) 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 FERPA or PPRA 

investigations or other enforcement 

responsibilities under FERPA or PPRA; 

(6) 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. 
30124 Federal Register / Vol. 64, No. 107 / Friday, June 4, 1999 / Notices 

(7) 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. 

(8) 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. 

(9) 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. 

DISCLOSURE TO CONSUMER REPORTING 

AGENCIES: 

Not applicable to this system of 

records. 

POLICIES AND PRACTICES FOR STORING, 

RETRIEVING, ACCESSING, RETAINING, AND 

DISPOSING OF RECORDS IN THE SYSTEM: 

STORAGE: 

The records are maintained in hardcopy form filed in standard lockable file 

cabinets, or on electronic files in which 

case document disks are kept in 

lockable file cabinets. 

RETRIEVABILITY: 

Records are indexed under the names 

of institutions against which individuals 

are alleging violations of FERPA. 

SAFEGUARDS: 

Direct access is restricted to FPCO 

staff; main files are left in locked file 

cabinets when not in use. 

RETENTION AND DISPOSAL: 

Inquiry records are maintained a 

minimum of three years; complaint and 

investigative records are maintained a 

minimum of five years after the case is 

closed. 

SYSTEM MANAGER(S) AND ADDRESS: 

Director, Family Policy Compliance 

Office, U.S. Department of Education, 

400 Maryland Avenue, SW., Room 

2W100, Washington, DC 20202-4056. 

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 is 

obtained from incoming 

correspondence, responses and material 

obtained during the course of any 

investigation. 

SYSTEM EXEMPTED FROM CERTAIN PROVISIONS 

OF THE ACT: 

None. 

18-05-04 

SYSTEM NAME: 

Discrimination Complaints Records 

System. 

SECURITY CLASSIFICATION: 

None. 

SYSTEM LOCATION: 

Equal Employment Opportunity 

Group, Office of Management, U.S. 

Department of Education, 400 Maryland 

Avenue SW, Room 2W228, Washington, 

DC 20202–4550. 

CATEGORIES OF INDIVIDUALS COVERED BY THE 

SYSTEM: 

This system contains records on 

individuals—employees as well as 

applicants for employment—or groups 

of individuals who have filed Equal 

Employment Opportunity (EEO) 

complaints of discrimination on the 

basis of race, color, religion, sex 

(including sexual harassment or sexual 

orientation), national origin, age, 

disability, or reprisal for having engaged 

in a prior EEO activity. 

CATEGORIES OF RECORDS IN THE SYSTEM: 

This system of records consists of 

records concerning the Department’s 

formal complaints of discrimination 

processes, including counselor’ reports, 

the initial allegations and efforts at 

resolution, letters or notices to the 

individual or class agent, materials 

placed into the record to support or 

refute the decision or determination, 

statements to witnesses, investigative 

reports, instructions about action to be 

taken to comply with decisions, and 

related correspondence, opinions and 

recommendations. 

AUTHORITY FOR MAINTENANCE OF THE SYSTEM: 

42 U.S.C. 2000e; 29 U.S.C. 633a; 

Executive Order 11478; 29 CFR 1614. 

PURPOSE(S): 

The Equal Employment Opportunity 

Group uses the information contained in 

this system to adjudicate complaints or 

appeals, to provide a basis for a 

corrective action related to the 

discrimination situation and as a data 

source for management information for 

production of descriptive statistics and 

analytical studies. 

ROUTINE USES OF RECORDS MAINTAINED IN THE 

SYSTEM, INCLUDING CATEGORIES OF USERS AND 

THE PURPOSES OF SUCH USES: 

The Department (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-bycase basis or, if the Department has 

complied with the computer matching 

requirements of the Act, under a 

computer matching agreement. 

(1) Disclosure to OMB, MSPB and 

EEOC. The Department may disclose 

records to the Office of Personnel 

Management, Merit Systems Protection 

Board (including its Office of the 

Special Counsel), or the Equal