Federal Register / Vol. 64, No. 107 / Friday, June 4, 1999 / Notices 30173 

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. 

(10) 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. 

(11) 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. 

(12) 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: 

Disclosures pursuant to 5 U.S.C. 

552a(b)(12): The Department may 

disclose to a consumer reporting agency 

information regarding a claim by the 

Department which is determined to be 

valid and overdue as follows: (a) The 

name, address, taxpayer identification 

number and other information necessary 

to establish the identity of the 

individual responsible for the claim; (b) 

the amount, status, and history of the 

claim; and (c) the program under which 

the claim arose. The Department may 

disclose the information specified in 

this paragraph under 5 U.S.C. 

552a(b)(12) and the procedures 

contained in subsection 31 U.S.C. 

3711(e). A consumer reporting agency to 

which these disclosures may be made is 

defined at 31 U.S.C. 3701(a)(3). 

POLICIES AND PRACTICES FOR STORING, 

RETRIEVING, ACCESSING, RETAINING, AND 

DISPOSING OF RECORDS IN THE SYSTEM: 

STORAGE: 

The records are maintained on 

electronic data files on a server. 

RETRIEVABILITY: 

The records are indexed by the name 

of the institution or organization, and 

may be retrieved by the OPEID of 

school, EIN (Entity Identification 

Number) of the school or entity; or the 

name or TIN (Tax Identification Number 

or social security number) of the 

individual. 

SAFEGUARDS: 

All physical access to the Department 

of Education 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 of Education offers a high 

degree of resistance to tampering and 

circumvention. This security system 

limits data access to staff of the 

Department of Education, guarantors,. 

accrediting agencies, State agencies, and 

Department contractors on a ‘‘need-toknow’’ 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: 

History records are kept in PEPS 

indefinitely, or archived. Records are 

maintained and destroyed in accordance 

with the Department of Education 

Records Disposition Schedules (ED/ 

RDS). 

SYSTEM MANAGER(S) AND ADDRESS: 

Director, Postsecondary Education 

Participants System, Office of Student 

Financial Assistance Programs, U.S. 

Department of Education, Seventh and 

D Streets, SW., Room 4629, ROB–3, 

Washington, DC 20202. 

NOTIFICATION PROCEDURE: 

If you wish to determine whether a 

record exists regarding you in the PEPS, 

provide the system manager with your 

name and social security number. Your 

request must meet the requirements of 

the regulations at 34 CFR 5b.5, 

including proof of identity. You may 

address your request, or present that 

request in person, to the system 

manager at the address above. 

RECORD ACCESS PROCEDURES: 

You may gain access to any record in 

the PEPS that pertain to you by 

contacting the system manager and 

following the procedures for notification 

listed above and must meet the 

requirements of 34 CFR 5b.5. 

CONTESTING RECORD PROCEDURES: 

You may contest the content of a 

record in PEPS pertaining to you by 

presenting to the system manager, either 

in writing or in person, a request to 

amend or correct that information. The 

request to amend, or for an appointment 

to present an oral request, must be made 

in writing mailed to the system manager 

at the address provided above. The 

request must identify the particular 

record within the PEPS that you wish to 

have changed, state whether you wish to 

have the record amended, corrected or 

deleted, and explain the reasons why 

you wish to have the record changed. 

RECORD SOURCE CATEGORIES: 

Information is obtained from 

applications submitted by institutions 

and entities that seek to participate in 

the student financial assistance 

programs and from components of the 

Department, from other Federal, State 

and non-governmental agencies and 

organizations that acquire information 

relevant to the purposes of the PEPS. 

SYSTEM EXEMPTED FROM CERTAIN PROVISIONS 

OF THE ACT: 

None. 

18–12–01 

SYSTEM NAME: 

Title VI Foreign Language and Area 

Studies Fellowships (FLAS). 

SECURITY CLASSIFICATION: 

None. 

SYSTEM LOCATION: 

International Education and Graduate 

Programs Service, Office of 

Postsecondary Education, U.S. 

Department of Education, 1250 

Maryland Avenue, SW, Room 600, 

Portals Building, Washington, DC 

20202–5331. 

AppNet, 103 W. Broad Street, Fifth 

Floor, Falls Church, VA 22046. 

CATEGORIES OF INDIVIDUALS COVERED BY THE 

SYSTEM: 

Graduate Students, who have been 

nominated for FLAS fellowships by 

grantee institutions of higher education. 

CATEGORIES OF RECORDS IN THE SYSTEM: 

The Title VI FLAS Records System 

consists of a variety of records relating 

to an individual’s applications for, and 

participation in, the FLAS program. In 

addition to the individual’s name, the 

system contains the participant’s 

grantee institution, degree status, award 

period, amount of the award, language 

of the award, title of language course 

taken, major discipline, career goal, 

foreign language proficiency self­
30174 Federal Register / Vol. 64, No. 107 / Friday, June 4, 1999 / Notices 

evaluation, and a brief description and 

evaluation of the study program. 

AUTHORITY FOR MAINTENANCE OF THE SYSTEM: 

The Higher Education Act of 1965, as 

amended, Part A, Title VI, Section 

602(b). 

PURPOSE(S): 

The information contained in this 

system is used to determine the 

eligibility of nominees for FLAS 

fellowships; to monitor compliance and 

accomplishments; and to use the data to 

demonstrate program effectiveness. 

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. 

Department of Education personnel, 

field readers, and grantee institutions 

use the information to determine the 

eligibility of nominees and to monitor 

the progress of foreign language and 

area studies training. Department of 

Education personnel and AppNet use 

some of the data to demonstrate 

program effectiveness. Disclosure may 

be made to the following entities as 

well: 

(1) 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. 

(2) 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. 

(3) 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. 

(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) 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. 

(6) 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. 

(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) 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. 

(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 
Federal Register / Vol. 64, No. 107 / Friday, June 4, 1999 / Notices 30175 

to maintain Privacy Act safeguards as 

required under 5 U.S.C. 552a(m) with 

respect to the records in the system. 

(10) 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. 

(11) 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. 

(12) 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: 

Disclosures pursuant to 5 U.S.C. 

552a(b)(12): The Department may 

disclose to a consumer reporting agency 

information regarding a claim by the 

Department which is determined to be 

valid and overdue as follows: (1) The 

name, address, taxpayer identification 

number and other information necessary 

to establish the identity of the 

individual responsible for the claim; (2) 

the amount, status, and history of the 

claim; and (3) the program under which 

the claim arose. The Department may 

disclose the information specified in 

this paragraph under 5 U.S.C. 

552a(b)(12) and the procedures 

contained in subsection 31 U.S.C. 

3711(e). A consumer reporting agency to 

which these disclosures may be made is 

defined at 31 U.S.C. 3701(a)(3). 

POLICIES AND PRACTICES FOR STORING, 

RETRIEVING, ACCESSING, RETAINING, AND 

DISPOSING OF RECORDS IN THE SYSTEM: 

STORAGE: 

The records are maintained in 

hardcopy, filed in standard filing 

cabinets and in an electronic data 

warehouse maintained by AppNet and 

accessible by AppNet, individual 

participants, participants’ institutions 

and US Department of Education 

personnel. 

RETRIEVABILITY: 

Hardcopy files are retrieved by 

individual names and educational 

institution. Electronic files can be 

accessed through all data elements. 

SAFEGUARDS: 

All physical access to the Department 

of Education site, and the site of 

Department contractors where this 

system of records is maintained, is 

controlled and monitored by personnel 

who check each individual entering the 

building. 

The computer system employed by 

AppNet offers a high degree of 

resistance to tampering and 

circumvention. This security system 

limits data access to Department of 

Education and contract staff grantees 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: 

Hardcopy records are maintained for 

five years and then destroyed. Data 

stored in the electronic data warehouse 

are maintained until the need for 

longitudinal studies to demonstrate 

program effectiveness is no longer 

required. 

SYSTEM MANAGER(S) AND ADDRESS: 

Director, International Education and 

Graduate Programs Service, Office of 

Postsecondary Education, U.S. 

Department of Education, 400 Maryland 

Avenue, SW., Room 600B, Portals 

Building, Washington, DC 20202–5247. 

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, the year of the 

award, the name of the grantee 

institution, and language of the award. 

Your request must meet the 

requirements of the regulations at 34 

CFR 5b.5, including proof of identity. 

RECORD ACCESS PROCEDURES: 

Contact the system manager. 

CONTESTING RECORD PROCEDURES: 

Contact the system managers. 

RECORD SOURCE CATEGORIES: 

Information is obtained from the 

individual and grantee institutions on 

approved forms in hardcopy or 

electronic format. 

SYSTEM EXEMPTED FROM CERTAIN PROVISIONS 

OF THE ACT: 

None. 

18–12–02 

SYSTEM NAME: 

Fulbright-Hays—Doctoral Dissertation 

Research Abroad (DDRA), Faculty 

Research Abroad (FRA), Seminars 

Abroad (SA), Fellows. 

SECURITY CLASSIFICATION: 

None. 

SYSTEM LOCATION: 

International Education and Graduate 

Programs Service, Office of 

Postsecondary Education, U.S. 

Department of Education, 1250 

Maryland Avenue, SW., Room 600, 

Portals Building, Washington, DC 

20202–5331. 

AppNet, 103 W. Broad Street, Fifth 

Floor, Falls Church, VA 22046. 

CATEGORIES OF INDIVIDUALS COVERED BY THE 

SYSTEM: 

This system contains records on 

teachers or prospective teachers who 

have been selected to be recipients for 

Fulbright-Hays awards to enable them to 

engage in foreign language and area 

studies projects overseas. 

CATEGORIES OF RECORDS IN THE SYSTEM: 

The Fulbright-Hays Records System 

consists of a variety of records relating 

to an individual’s applications for, and 

participation in, the Fulbright-Hays 

DDRA, FRA or SA programs. In addition 

to the individual’s name, the system 

contains the participant’s address, 

telephone number, educational 

institution, date and place of birth, 

citizenship, social security number, 

veteran’s status, names of accompanying 

dependents, previous overseas travel, 

educational and employment 

background, student loan default status, 

a health statement, transcripts, 

references, project description and 

project cost based on either the cost-ofliving in the host country or the 

annualized salary of a faculty member, 

field reader and US Embassy comments, 

award documents, and final project 

reports. 

AUTHORITY FOR MAINTENANCE OF THE SYSTEM: 

The Mutual Educational and Cultural 

Exchange Act of 1961, as amended (22 

U.S.C. 2451–2458). 

PURPOSE(S): 

The information contained in this 

system is used for the following 

purposes: (1) To determine the