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. 
Federal Register / Vol. 64, No. 107 / Friday, June 4, 1999 / Notices 30149 

POLICIES AND PRACTICES FOR STORING, 

RETRIEVING, ACCESSING, RETAINING, AND 

DISPOSING OF RECORDS IN THE SYSTEM: 

STORAGE: 

These records are maintained in file 

folders, alphabetized by name, and in 

some cases the records are separated by 

individual law school affiliation and by 

the date the application is received. In 

some instances records are located in 

lockable conserva-file cabinets and in a 

locked secured room with access 

limited to those officials whose duties 

require access. In other instances 

records are maintained in file rooms or 

with other Office of General Counsel 

files. 

RETRIEVABILITY: 

These records are retrievable by name. 

SAFEGUARDS: 

Access is limited to those Department 

officials whose duties require access. 

RETENTION AND DISPOSAL: 

These records are retained in 

accordance with the Department of 

Education Records Disposition 

Schedules (ED/RDS). 

SYSTEM MANAGER(S) AND ADDRESS: 

The General Counsel, U.S. 

Department of Education, Office of the 

General Counsel, 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: 

Information in this system of records 

comes from the individual to whom it 

applies, law school officials and past 

employers. 

SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS 

OF THE ACT: 

None. 

18-09-03 

SYSTEM NAME: 

Employee Conduct—Government 

Ethics. 

SECURITY CLASSIFICATION: 

None. 

SYSTEM LOCATION: 

Ethics Counsel Division, Office of the 

General Counsel, U.S. Department of 

Education, 400 Maryland Avenue, SW., 

Room 6E231, Washington, DC 20202. 

CATEGORIES OF INDIVIDUALS COVERED BY THE 

SYSTEM: 

This system contains information 

about current and past Department 

employees who have requested or 

received advice or guidance in subject 

matter areas relating to employee 

conduct. 

CATEGORIES OF RECORDS IN THE SYSTEM: 

This system contains information 

relating to acceptance or offer of gifts, 

entertainment and favors, outside 

employment; financial interests; use of 

government funds, property or official 

information; partisan political activity; 

or other matters relating to employee 

conduct. 

AUTHORITY FOR MAINTENANCE OF THE SYSTEM: 

18 U.S.C. 202, 203, 205, 207, 208, 209; 

Executive Order 11222; and 5 CFR parts 

735, 104; 34 CFR Part 73. 

PURPOSE(S): 

The information in this system is used 

in providing advice or guidance in 

subject matter areas relating to 

employee conduct. 

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) Disclosure for Use by Other Law 

Enforcement Agencies. 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) 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. 

(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 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