Thursday, 

June 6, 2002 

Part III 

Department of 

Education 

Privacy Act of 1974; System of Records; 

Notice 

39202 Federal Register / Vol. 67, No. 109 / Thursday, June 6, 2002 / Notices 

DEPARTMENT OF EDUCATION 

Privacy Act of 1974; System of 

Records 

AGENCY: Office of Elementary and 

Secondary Education, School 

Improvement Programs, Department of 

Education. 

ACTION: Notice of a new system of 

records. 

SUMMARY: In accordance with the 

Privacy Act of 1974, as amended, 

(Privacy Act) the Department of 

Education (the Department) publishes 

this notice of a new system of records 

entitled ‘‘Native Hawaiian Education 

Council (18–14–03).’’ The system will 

contain information on individuals who 

have been nominated and are interested 

in serving on the Native Hawaiian 

Education Council. The information 

maintained in the system of records 

entitled ‘‘Native Hawaiian Education 

Council’’ will consist of one or more of 

the following: Name, title, sex, place 

and date of birth, home address, 

business address, organizational 

affiliation, phone numbers, fax 

numbers, e-mail addresses, degrees 

held, general educational background, 

ethnic background, resume, curriculum 

vitae, previous or current membership 

on the Native Hawaiian Education 

Council, source who recommended the 

individual for membership on the 

council, and miscellaneous 

correspondence. The information that 

will form the new system of records will 

be collected through various sources, 

including telephone, written, and e-mail 

inquiries, as well as written requests to 

be included with letters of 

recommendation describing the 

qualifications of those individuals for 

service on the Native Hawaiian 

Education Council, and addresses and 

telephone numbers of those individuals. 

The information will be used to fulfill 

the requirement outlined in section 

7204 of the Elementary and Secondary 

Education Act of 1965 (ESEA), as 

amended by the No Child Left Behind 

Act of 2001 (Pub. L. 107–110). 

DATES: The Department seeks comment 

on the new system of records described 

in this notice, in accordance with the 

requirements of the Privacy Act. We 

must receive your comments on or 

before July 8, 2002. 

The Department filed a report 

describing the new system of records 

covered by this notice with the Chair of 

the Senate Committee on Governmental 

Affairs, the Chair of the House 

Committee on Government Reform, and 

the Administrator of the Office of 

Information and Regulatory Affairs, 

Office of Management and Budget 

(OMB) on May 31, 2002. This new 

system of records will become effective 

at the later date of— (1) the expiration 

of the 40-day period for OMB review on 

July 10, 2002, or (2) July 8, 2002, unless 

the system of records needs to be 

changed as a result of public comment 

or OMB review. 

ADDRESSES: Address all comments about 

the proposed routine uses to Lynn 

Thomas, Program Officer, Native 

Hawaiian Education Program, Office of 

Elementary and Secondary Education, 

School Improvement Programs, U.S. 

Department of Education, 400 Maryland 

Avenue, SW., Federal Building 6, Room 

3C126, Washington, DC 20202–4160. If 

you prefer to send comments through 

the Internet, use the following address: 

comments@ed.gov. 

You must include the term ‘‘Native 

Hawaiian Education Council’’ in the 

subject line of your electronic comment. 

During and after the comment period, 

you may inspect all comments about 

this notice in room 3C126, 400 

Maryland Avenue, SW., Federal 

Building 6, 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 will supply an 

appropriate aid, such as a reader or 

print magnifier, 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, please contact the person listed 

under FOR FURTHER INFORMATION 

CONTACT. 

FOR FURTHER INFORMATION CONTACT: 

Lynn Thomas. Telephone: (202) 260– 

1541. 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 

under FOR FURTHER INFORMATION 

CONTACT. 

SUPPLEMENTARY INFORMATION: 

Introduction 

The Privacy Act (5 U.S.C. 552a(e)(4)) 

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 Privacy 

Act are contained in the Code of Federal 

Regulations (CFR) in 34 CFR part 5b. 

The Privacy Act applies to a record 

about an individual that contains 

individually identifiable information 

that is 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 other Department of Education 

documents published in the Federal 

Register in text or Adobe Portable 

Document Format (PDF) on the Internet 

at the following site: http://www.ed.gov/ 

legislation/FedRegister. 

To use PDF you must have Adobe 

Acrobat Reader, which is available free 

at this site. 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 

version 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: May 31, 2002. 

Susan B. Neuman, 

Assistant Secretary for Elementary and 

Secondary Education. 

For the reasons discussed in the 

preamble, the Office of Elementary and 

Secondary Education of the U.S. 

Department of Education publishes a 

notice of a new system of records to 

read as follows: 

18–14–03 

SYSTEM NAME: 

Native Hawaiian Education Council 

Membership. 

SECURITY CLASSIFICATION: 

None. 

SYSTEM LOCATION: 

School Improvement Programs, Office 

of Elementary and Secondary 

Education, U.S. Department of 

Education, 400 Maryland Avenue, SW., 

Room 3C126, Washington, DC 20202– 

6140. 

Federal Register / Vol. 67, No. 109 / Thursday, June 6, 2002 / Notices 39203 

CATEGORIES OF INDIVIDUALS COVERED BY THE 

SYSTEM: 

Individuals who have been or are 

presently members of or are being 

considered for membership on the 

Native Hawaiian Education Council. 

CATEGORIES OF RECORDS IN THE SYSTEM: 

Records in this system consist of one 

or more of the following: Name, title, 

sex, place and date of birth, home 

address, business address, 

organizational affiliation, phone 

numbers, fax numbers, e-mail addresses, 

degrees held, general educational 

background, ethnic background, resume, 

curriculum vitae, previous or current 

membership on the Native Hawaiian 

Education Council, source who 

recommended the individual for 

membership on the advisory council, 

and miscellaneous correspondence. 

AUTHORITY FOR MAINTENANCE OF THE SYSTEM: 

Section 7204 of the Elementary and 

Secondary Education Act of 1965 

(ESEA), as amended by the No Child 

Left Behind Act of 2001 (Pub. L. 107– 

110). 

PURPOSE(S): 

To establish a Native Hawaiian 

Education Council to help coordinate 

the educational and related services 

available to Native Hawaiians, including 

programs receiving funding under the 

Native Hawaiian Education Act. 

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 following parties 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 if the agency 

has agreed to represent the employee; or 

(v) The United States if 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) 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. 

(3) 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 that is 

compatible with the 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 

that is compatible with the purposes of 

this system of records. The researcher 

shall be required to maintain Privacy 

Act safeguards with respect to the 

disclosed records. 

(4) 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. 

(5) Freedom of Information Act 

(FOIA) Advice Disclosure. In the event 

that the Department deems it desirable 

or necessary, in determining whether 

particular records are required to be 

disclosed under the Freedom of 

Information Act, disclosure may be 

made to the Department of Justice or the 

Office of Management and Budget for 

the purpose of obtaining their advice. 

(6) Disclosure to the Department of 

Justice. 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. 

POLICIES AND PRACTICES FOR STORING, 

RETRIEVING, ACCESSING, RETAINING, AND 

DISPOSING OF RECORDS IN THE SYSTEM: 

STORAGE: 

Records are maintained in hard copy 

filed in file cabinets and on personal 

computers. 

RETRIEVABILITY: 

Records are retrieved by the name of 

the individual. 

SAFEGUARDS: 

Direct access to records is restricted to 

authorized personnel through locked 

files, rooms, and buildings, as well as 

building pass and security guard sign-in 

systems. Furthermore, the designated 

individuals’ access to personal 

computers, the network, and the system 

of records will require personal 

identifiers and unique passwords, 

which will be periodically changed to 

prevent unauthorized access. 

RETENTION AND DISPOSAL: 

Records are disposed of in accordance 

with the Department’s Records 

Disposition Schedules (ED/RDS), Part 5 

and the National Archives and Records 

Administration’s General Records 

Schedules (GRS) 16, item 8. 

SYSTEM MANAGER(S) AND ADDRESS: 

Native Hawaiian Program Manager, 

School Improvement Programs, U.S. 

Department of Education, 400 Maryland 

Avenue, SW., Room 3E126, Washington, 

DC 20202–6140. 

NOTIFICATION PROCEDURE: 

If you wish to determine whether a 

record exists regarding you in this 

39204 Federal Register / Vol. 67, No. 109 / Thursday, June 6, 2002 / Notices 

system of records, contact the system 

manager. Your request must meet the 

requirements of the Department’s 

Privacy Act regulations in 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 following 

address: School Improvement Programs, 

U.S. Department of Education, 400 

Maryland Avenue, SW., Room 3E126, 

Washington, DC 20202–6140. 

RECORD ACCESS PROCEDURES: 

Same as notification procedures. 

Requestors should also reasonably 

specify the record contents being 

sought. These access procedures are in 

accordance with Department regulations 

(34 CFR 5b.5(a)(2)). 

CONTESTING RECORD PROCEDURES: 

Contact the official at the address 

specified under notification procedures, 

reasonably identify the record, and 

specify the information to be contested. 

Your request must meet the regulatory 

requirements of 34 CFR 5b.7, including 

proof of identity. 

RECORD SOURCE CATEGORIES: 

Information in this system of records 

will be obtained from the individuals, 

references, recommendations, private 

organizations, Members of Congress, 

and other government sources. 

SYSTEM EXEMPTED FROM CERTAIN PROVISIONS 

OF THE ACT: 

None. 

[FR Doc. 02–14126 Filed 6–5–02; 8:45 am] 

BILLING CODE 4000–01–P