[Federal Register: April 8, 2004 (Volume 69, Number 68)]
[Notices]
[Page 18723-18726]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr08ap04-132]
[[Page 18723]]
-----------------------------------------------------------------------
Part III
Department of Education
-----------------------------------------------------------------------
Privacy Act of 1974; System of Records--RSA-911 Case Service Report;
Notice
[[Page 18724]]
-----------------------------------------------------------------------
DEPARTMENT OF EDUCATION
Privacy Act of 1974; System of Records--RSA-911 Case Service
Report
AGENCY: Office of Special Education and Rehabilitative Services,
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 Office of Special Education and Rehabilitative
Services in the U.S. Department of Education (Department), publishes
this notice of a new system of records entitled the RSA-911 Case
Service Report. The RSA-911 Case Service Report is an annual report of
demographic and caseload information, including financial information,
related to all individuals who have exited the State Vocational
Rehabilitation Services program (VR program).
DATES: The Department seeks comments 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 May 10, 2004.
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 April 2,
2004. 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 May
12, 2004, or (2) May 10, 2004, unless the system of records needs to be
changed as a result of public comment or OMB review.
ADDRESSES: Address all comments about this new system of records to
Hugh Berry, Office of Policy and Planning, Office of the Assistant
Secretary, Office of Special Education and Rehabilitative Services,
U.S. Department of Education, 400 Maryland Avenue, SW., room 3131, Mary
E. Switzer Building, Washington, DC 20202-2524. If you prefer to send
your comments through the Internet, use the following address:
comments@ed.gov.
You must include the term ``RSA-911 Case Service Report'' in the
subject line of the electronic message.
During and after the comment period, you may inspect all public
comments about this notice in room 3131, Mary E. Switzer Building, 330
C Street, SW., Washington, DC, between the hours of 9 a.m. and 5:30
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: Hugh Berry. Telephone: (202) 205-8121.
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 in the preceding
paragraph.
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
maintained 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 the 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 a notice of a system of records in the Federal Register and to
prepare a report to OMB whenever the agency publishes a new or altered
system of records. Each agency is also required to send copies of the
report to the Chair of the Senate Committee on Governmental Affairs and
the Chair of the House Committee on Government Reform.
Electronic Access to This Document
You may view this document, as well as other Department 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/news/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.gpoaccess.gov/nara/index.html
.
Dated: April 2, 2004.
Troy R. Justesen,
Acting Deputy Assistant Secretary for Special Education and
Rehabilitative Services.
For the reasons discussed in the preamble, the Office of Special
Education and Rehabilitative Services of the U.S. Department of
Education publishes a notice of a new system of records to read as
follows:
18-16-02
SYSTEM NAME:
RSA-911 Case Service Report.
SECURITY CLASSIFICATION:
None.
SYSTEM LOCATION(S):
Office of Policy and Planning, Office of the Assistant Secretary,
Office of Special Education and Rehabilitative Services, U.S.
Department of Education, 330 C Street, SW., Mary E. Switzer Building,
room 3131, Washington, DC 20202-2524.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
The RSA-911 Case Service Report database includes information on
all persons exiting the State Vocational Rehabilitation Services
program (VR program) during each fiscal year.
CATEGORIES OF RECORDS IN THE SYSTEM:
This system consists of records relating to individuals who have
exited the VR program, including, but not limited to--the individual's
social security number, disability characteristics, services and
training, health insurance, employment outcomes, and earnings.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
Sections 13(b) and 101(a)(10) of the Rehabilitation Act of 1973, as
amended (29 U.S.C. 712(b) and 721(a)(10)).
[[Page 18725]]
PURPOSE(S):
This system of records is maintained for program research and
evaluation purposes.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSES OF SUCH USES:
The U.S. 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. The Department may make these
disclosures on a case-by-case basis or, if the Department has complied
with the computer matching requirements of the Computer Matching and
Privacy Protection Act of 1988, under a computer matching agreement.
(1) Freedom of Information Act (FOIA) Advice Disclosure. The
Department may disclose records to the Department of Justice (DOJ) and
the Office of Management and Budget (OMB) if the Department seeks
advice regarding whether records maintained in the system of records
must be released under the FOIA and the Privacy Act of 1974, as amended
(Privacy Act).
(2) Disclosure to the 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
program covered by this system.
(3) 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.
(4) 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, or any of its components; or
(ii) Any Department employee in his or her official capacity; or
(iii) Any Department employee in his or her individual capacity if
the DOJ agrees or has been requested to provide or to arrange for
representation of the employee;
(iv) Any Department employee in his or her individual capacity if
the Department 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.
(a) Disclosure to the DOJ. If the Department determines that
disclosure of certain records to the DOJ is relevant and necessary to
litigation or ADR and is compatible with the purpose for which the
records were collected, the Department may disclose those records as a
routine use to the DOJ.
(b) Adjudicative Disclosures. If the Department determines that
disclosure of certain records to an adjudicative body before which the
Department is authorized to appear or to an individual or an entity
designated by the Department or otherwise empowered to resolve or
mediate disputes is relevant and necessary to the litigation or ADR,
the Department may disclose those records as a routine use to the
adjudicative body, individual, or entity.
(c) Parties, Counsels, Representatives, and Witnesses.
If the Department determines that disclosure of certain records to
a party, counsel, representative, or witness is relevant and necessary
to the litigation or ADR, the Department may disclose those records as
a routine use to the party, counsel, representative, or witness.
(5) 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.
(6) Congressional Member Disclosure. The Department may disclose
information 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.
(7) 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, regulations, 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, regulations, or order issued pursuant thereto.
(8) Disclosure for Use By Other Law Enforcement Agencies. The
Department may disclose information to any Federal, State, tribal,
local, or foreign agency or other public authority responsible for
enforcing, investigating, or prosecuting violations of administrative,
civil, or criminal law or regulations if that information is relevant
to any enforcement, regulatory, investigative, or prosecutorial
responsibility within the receiving entity's jurisdiction.
(9) Disclosure to Other Federal Agencies, Including the Social
Security Administration and the Department of Veterans Affairs. The
Department may disclose records to other Federal agencies, including
the Social Security Administration and the Department of Veterans
Affairs, for program research and evaluation purposes.
(10) Disclosure to the Veterans' Disability Benefits Commission.
The Department may disclose records to the Veterans' Disability
Benefits Commission if requested to do so by this commission in order
to carry out the provisions of Title XV of Pub. L. 108-136, the
National Defense Authorization Act for Fiscal Year 2004.
DISCLOSURES TO CONSUMER REPORTING AGENCIES:
Not applicable to this system of records.
POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING,
AND DISCLOSING OF RECORDS IN THE SYSTEM:
STORAGE:
The Office of Special Education and Rehabilitative Services (OSERS)
maintains all data on a computer mainframe and CD-ROMs. Printed reports
containing sensitive data produced from this system are maintained
within the locked filing cabinets within the access-restricted Basic
State Grants Branch within OSERS Headquarters.
RETRIEVABILITY:
This system will be accessible only to employees of OSERS. Each
record in
[[Page 18726]]
this system can be retrieved by any of the categories of information
listed under the CATEGORIES OF RECORDS IN THE SYSTEM section in this
notice.
SAFEGUARDS:
Access to this system will require a unique user identification as
well as a password to enter the system. Users will be required to
change their passwords periodically, and they will not be allowed to
repeat old passwords. Any individual attempting to log on who fails is
locked out of the system after three attempts. Access after that time
requires intervention by the system manager.
The computer system employed by the Department offers a high degree
of resistance to tampering and circumvention. This security system
limits data access to Department and contract staff on a ``need to
know'' basis and controls individual users' ability to access and alter
records within the system.
The location of the server includes safeguards and firewalls,
including the physical security of the server room. In addition, the
server is located in a secure room, with limited access only through a
special pass. Further, all physical access to the site where the server
is maintained is controlled and monitored by security personnel who
check each individual entering the building for his or her employee or
visitor badge.
All printed reports containing sensitive data produced from this
system are immediately used for data clearing procedures and then
shredded or placed into a confidential security file. The files are
maintained within the locked filing cabinets within the access-
restricted Basic State Grants Branch within OSERS Headquarters. In
addition to these controls, computers are not left on and unattended
when users access the database, and sensitive information is placed out
of sight if visitors are present.
Shared output does not contain sensitive information. Aggregated
data cannot be used to identify individuals. For individual-level data
that are shared with researchers, all identifying information is
removed from the file before the data are shared.
In addition, the following guidelines and procedures have been
implemented for protecting sensitive data and resources in this system:
Backup CDs are properly labeled ``For Official
Use Only--Property of the OSERS Basic State Grants Branch.''
Electronic data (e.g., copies of the database on
CDs with identifying information and edit reports with identifying
information) are stored in the locked file cabinets in the OSERS Basic
State Grants Branch. Management, operational, and technical controls
for ensuring the safety of confidential information are detailed within
the Case Services System Security Plan.
RETENTION AND DISPOSAL:
Records in this system will be retained in accordance with the
National Archives and Records Administration (NARA) General Records
Schedule 20, Item 1.c, which provides disposal authorization for
electronic files and hard-copy printouts created to monitor system
usage. Records will be deleted or destroyed when the agency determines
they are no longer needed for administrative, legal, audit, or other
operational purposes.
SYSTEM MANAGER AND ADDRESS:
RSA-911 Case Service Report System Manager, Rehabilitation Services
Administration, Office of Special Education and Rehabilitative
Services, U.S. Department of Education, 400 Maryland Avenue, SW., room
3226, Mary E. Switzer Building, Washington, DC 20202-2524.
NOTIFICATION PROCEDURE:
If you wish to determine whether a record exists about you in the
system of records, provide the system manager with your name, address,
and social security number. Your request for notification must also
meet the requirements of the regulations in 34 CFR 5b.5, including
proof of identity. You may also present your request in person or make
your request in writing to the system manager at the above address.
RECORD ACCESS PROCEDURES:
Request to access a record must also reasonably specify the record
contents sought and otherwise meet the requirements of the regulations
in 34 CFR 5b.5, including proof of identity.
CONTESTING RECORD PROCEDURES:
If you wish to change the content of a record in this system of
records, you must contact the system manager at the above address and
follow the steps outlined in the NOTIFICATION PROCEDURE section of this
notice. Requests to amend a record must also reasonably identify the
record, specify the information being contested, provide in writing
your reasons for requesting the change, and otherwise meet the
regulations in 34 CFR 5b.7.
RECORD SOURCE CATEGORIES:
Records in this system are obtained from State vocational
rehabilitation agencies pursuant to Federal reporting requirements.
These agencies collect data from individuals with disabilities who exit
their programs.
SYSTEM EXEMPTED FROM CERTAIN PROVISIONS OF THE ACT:
None.
[FR Doc. 04-7894 Filed 4-7-04; 8:45 am]
BILLING CODE 4000-01-P