Federal Register / Vol. 64, No. 107 / Friday, June 4, 1999 / Notices 30131 

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. 

(4) 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. 

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 SYSTEMS: 

STORAGE: 

Records are maintained in hard copy 

and electronic media after transcription 

from hard copy. 

RETRIEVABILITY: 

Records are retrievable by name. 

SAFEGUARDS: 

Records are stored in electronic 

databases stored in secured rooms with 

access limited to those whose official 

duties require access. 

RETENTION AND DISPOSAL: 

According to the National Archives 

and Records Administration’s General 

Records Schedules, records are 

maintained for 5 years. 

SYSTEM MANAGER(S) AND ADDRESS: 

Director, Labor Relations Group, 

Office of Management, U.S. Department 

of Education, 400 Maryland Avenue, 

SW., Room 2C136, Washington, DC 

20202-4754. 

NOTIFICATION PROCEDURE: 

If you wish to determine whether a 

record exists regarding you in the 

system of records, provide the system 

manager with your name, approximate 

date of grievance, and management 

component or individual or both against 

whom the grievance was filed. 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 

in this system, contact the system 

manager at the above address. 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 

records regarding you in this system, 

contact the system manager at the above 

address and reasonably identify the 

record and specify the information 

contested. Your request must meet the 

requirements of the regulations at 34 

CFR 5b.7. 

RECORD SOURCE CATEGORIES: 

Information in this system of records 

is: 

(1) Supplied directly by the 

individual, or 

(2) Supplied by union officials, or 

(3) Supplied by Department officials. 

SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS 

OF THE ACT: 

None. 

Appendix to 18-05-08 

Additional system Locations 

Employee Relations Team, Office of 

Management, U.S. Department of 

Education, 400 Maryland Avenue, SW., 

Room 2E233, Washington, DC 20202­

4737. 

Informal Dispute Resolution Center, Office of 

Hearings and Appeals, U.S. Department 

of Education, L’Enfant Plaza, Room 

2100A, Washington, DC 20202. 

Regional Personnel Office, U.S. Department 

of Education, O’Neill Federal Building, 

10 Causeway Street, Room 1095, Boston, 

MA 02222. 

Regional Personnel Office, U.S. Department 

of Education, 75 Park Place, 12th Floor, 

New York, NY 10007. 

Regional Personnel Office, U.S. Department 

of Education, Wanamaker Building, 100 

Penn Square East, Suite 503, 

Philadelphia, PA 10107. 

Regional Personnel Office, U.S. Department 

of Education, 61 Forsyth Street, SW, 

Suite 8T55, Atlanta, GA 30303. 

Regional Personnel Office, U.S. Department 

of Education, 111 N. Canal Street, Room 

1084, Chicago, IL 60606. 

Regional Personnel Office, U.S. Department 

of Education, 1999 Bryan Street, Suite 

2710, Dallas, TX 75201-6817. 

Regional Personnel Office, U.S. Department 

of Education, 10220 North Executive 

Hills Boulevard, 9th Floor, Kansas City, 

MO 64153. 

Regional Personnel Office, U.S. Department 

of Education, 1244 Speer Boulevard, 

Room 353, Denver, CO 80204-3582. 

Regional Personnel Office, U.S. Department 

of Education, 50 United Nations Plaza, 

Room 207, San Francisco, CA 94102­

4987. 

Regional Personnel Office, U.S. Department 

of Education, 915 Second Avenue, Room 

3388, Seattle, WA 98174-1099. 

18-05-09 

SYSTEM NAME: 

Voluntary Leave Transfer (VLT) 

Program. 

SECURITY CLASSIFICATION: 

None. 

SYSTEM LOCATION: 

Director, Office of Management, U.S. 

Department of Education, 400 Maryland 

Avenue, SW., Room 2W300, 

Washington, DC 20202. 

CATEGORIES OF INDIVIDUALS COVERED BY THE 

SYSTEM: 

This system contains records on 

Department of Education employees 

seeking voluntary donations of annual 

leave from other federal employees in 

order to cover leave shortfalls brought 

about by documented medical 

emergencies. 

CATEGORIES OF RECORDS IN THE SYSTEM: 

This system consists of written 

applications of employees seeking 

assistance from the program, medical 

statements certifying need, agency 

approvals or denials, leave donation 

records, leave transfer records, 

supervisor/timekeeper approvals, 

payroll notification records, leave 

program termination records, and other 

related documents. Most of these 

records contain individual Social 

Security numbers. 

AUTHORITY FOR MAINTENANCE OF THE SYSTEM: 

Pub. L. 100–566; 5 CFR 630.913.1. 

PURPOSE(S): 

The information contained in this 

system is used for the purposes of 

determining program eligibility and for 

documenting voluntary transfers of 

leave to program recipients. 

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) Program Disclosures. The 

Department may disclose records to (1) 

the Office for Personnel Management in 

order to respond to requests for 

information or other official inquiries; 
30132 Federal Register / Vol. 64, No. 107 / Friday, June 4, 1999 / Notices 

and (2) the staff of the Department of 

Interior responsible for preparation of 

payroll documents, 

(2) 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. 

(3) 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. 

(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) 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. 

(6) 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 the 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. 

(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) 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. 

DISCLOSURE TO CONSUMER PROTECTION 

AGENCIES: 

Not applicable to this system of 

records. 

POLICIES AND PRACTICES FOR STORING, 

RETRIEVING, ACCESSING, RETAINING, AND 

DISPOSING OF RECORDS IN THE SYSTEM: 

STORAGE: 

Records are stored in file folders in a 

manual filing system. 

RETRIEVABILITY: 

Records are retrievable by name of 

program recipient. 

SAFEGUARDS: 

Access to and use of these records are 

limited to personnel whose official 

duties require such access. Personnel 

screening is employed to prevent 

unauthorized disclosure. 

RETENTION AND DISPOSAL: 

Records are retained for one year after 

the end of the year in which the file is 

closed and are then destroyed. 

SYSTEM MANAGER AND ADDRESS: 

Director, Office of Management, U.S. 

Department of Education, 400 Maryland 

Avenue, SW., Room 2W300, 

Washington, DC 20202. 

NOTIFICATION PROCEDURE: 

If you wish to determine whether a 

record exists regarding you in the 

system of records, provide the system 

manager with your name, approximate 

date of grievance, and management 

component and/or individual against 

whom the grievance was filed. 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 

in this system, contact the system 
Federal Register / Vol. 64, No. 107 / Friday, June 4, 1999 / Notices 30133 

manager at the above address. 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 

records regarding you in this system, 

contact the system manager at the above 

address and reasonably identify the 

record and specify the information 

contested. Your request must meet the 

requirements of the regulations at 34 

CFR 5b.7. 

RECORD SOURCE CATEGORIES: 

Information in this system of records 

is provided by the individual to whom 

it applies, is derived from information 

he or she supplied or is obtained from 

information supplied by others. 

SYSTEM EXEMPTED FROM CERTAIN PROVISIONS 

OF THIS ACT: 

None. 

18–05–10 

SYSTEM NAME: 

General Performance Appraisal 

System (GPAS). 

SECURITY CLASSIFICATION: 

None. 

SYSTEM LOCATION: 

Human Resources Group, Office of 

Management, U.S. Department of 

Education, 400 Maryland Avenue, SW., 

Room 2E300, Washington, DC 20202– 

4737. See the Appendix at the end of 

this system notice for additional system 

locations. 

CATEGORIES OF INDIVIDUALS COVERED BY THE 

SYSTEM: 

The U.S. Department of Education 

(Department), General Performance 

Appraisal System (GPAS) contains the 

performance appraisal of all Department 

employees in General Schedule (GS), 

General Merit (GM), Administratively 

Determined (AD), and prevailing rate 

plans. 

CATEGORIES OF RECORDS IN THE SYSTEM: 

The Department GPAS software holds 

two categories of data on employees 

participating in Department’s 

performance appraisal process. These 

records include: 

(1) Personnel data, such as name, 

social security number, organizational 

entity, supervisor, position title, series 

and grade; and 

(2) Performance appraisal data: GPAS 

Employee Performance Agreement, 

evaluation standards, list of evaluators, 

scores and comments. 

Hard copies of an employee’s GPAS 

Employee Performance Agreement, 

Rating of Record, and any required 

comments are maintained in an 

Employee Performance File (EPF). 

These files are located in cabinets in a 

locked secure room with Department 

employees’ Official Personnel Folders. 

Hard copies of the ‘‘Summary 

Evaluation and Comments Reports’’, are 

generated by the GPAS System/Group 

Administrator. These reports are treated 

with utmost confidentiality. They are 

provided to the employee’s supervisor 

and shared with the employee, 

approving official and with other 

appropriate management employees on 

a ‘‘need-to-know’’ basis. The GPAS 

System/Group Administrator retains a 

hard copy of the Summary and 

Comments Reports for each employee 

for one year. 

The GPAS System/Group 

Administrator maintains hard copies of 

the feedback and comments reports for 

one year. 

Hard copies of the GPAS Employee 

Performance Agreement, Rating of 

Record, and any required comments are 

maintained in the employee’s Employee 

Performance File for four years. 

AUTHORITY FOR MAINTENANCE OF THE SYSTEM: 

5 U.S.C. 43; Title 5, Code of Federal 

Regulations (CFR), part 430, 

Performance Management, subparts A 

and B. 

PURPOSE(S): 

The information in this system is used 

to generate feedback reports on 

employees which are taken into 

consideration when the employee’s 

supervisor provides the summary rating 

incorporated in the ‘‘Rating of Record,’’ 

which is the official rating document 

placed in an employee’s Employee 

Performance File (EPF). 

ROUTINE USES OF RECORDS MAINTAINED IN THE 

SYSTEM, INCLUDING CATEGORIES OF USERS AND 

THE PURPOSE OF SUCH USES: 

The 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 

purpose 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) Employment-Related Disclosures. 

The Department may disclose records to 

Department supervisors and other 

management personnel on a ‘‘need-toknow’’ basis. The records may be used 

as a basis for, or in conjunction with, 

Reduction-in-Force, performance-based 

actions, within-grade actions, adverse 

actions, decisions regarding retention of 

employees during probationary period, 

recognition, promotions, reassignments 

and other appropriate personnel actions. 

When the Official Personnel Folder 

(OPF) and EPF of a GPAS employee are 

sent to another agency or to the National 

Personnel Records Center, the Servicing 

Personnel Office shall include all 

Ratings of Record that are four years old 

or less, any required comments, and the 

associated GPAS Employee Performance 

Agreements in the EPF. 

(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 prosecute 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: 

(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