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66158
Federal Register
/Vol. 72, No. 227/Tuesday, November 27, 2007/Notices
Maryland Avenue, SW., room 6E227,Washington, DC 20202
–
6110.
NOTIFICATION PROCEDURE
:
If you wish to determine whether arecord exists regarding you in thesystem of records, contact the systemmanager. Your request must meet therequirements of regulations in 34 CFR5b.5, including proof of identity.
RECORD ACCESS PROCEDURES
:
If you wish to gain access to yourrecord in the system of records, contactthe system manager at the address listedunder
SYSTEM MANAGER AND ADDRESS
.Requests should contain your full name,address, and telephone number. Yourrequest must meet the requirements of regulations in 34 CFR 5b.5, includingproof 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 therequirements of the regulations in 34CFR 5b.7, including proof of identity.
RECORD SOURCE CATEGORIES
:
Information maintained in this systemof records is obtained from anyone whochooses to voluntarily submit a publiccomment or supporting materials inresponse to a Department rulemakingdocument or notice, includingindividuals and representatives of Federal, State or local governments, businesses, and other organizations.
EXEMPTIONS CLAIMED FOR THE SYSTEM
:
None.
[FR Doc. E7
–
23058 Filed 11
–
26
–
07; 8:45 am]
BILLING CODE 4000
–
01
–
P
DEPARTMENT OF EDUCATIONPrivacy Act of 1974; System ofRecords
—
Investigatory MaterialCompiled for Personnel Security,Suitability, Positive IdentificationVerification and Access Control for theDepartment of Education SecurityTracking and Reporting System(EDSTAR)
AGENCY
:
Office of Management,Department of Education.
ACTION
:
Notice of altered and deletedsystems of records.
SUMMARY
:
In accordance with thePrivacy Act of 1974, as amended(Privacy Act), the Department of Education (Department), publishes thisnotice to amend and rename the systemof records entitled
‘‘
InvestigatoryMaterial Compiled for PersonnelSecurity and Suitability Purposes
’’
(18
–
 05
–
17) as
‘‘
Investigatory MaterialCompiled for Personnel Security,Suitability, Positive IdentificationVerification and Access Control for theDepartment of Education SecurityTracking and Reporting System(EDSTAR)
’’
(18
–
05
–
17) and to delete thesystem of records entitled
‘‘
Identification Media Records
’’
(18
–
05
–
 16). The Department is taking theseactions because these systems of recordshave been merged into and consolidatedwith the EDSTAR system of records.EDSTAR is designed to implement therequirements of Homeland SecurityPresidential Directive (HSPD)
–
12.HSPD
–
12 is a Presidential directive thatrequires the promulgation of a Federalstandard to ensure a common,governmentwide standard for secureand reliable forms of Personal IdentityVerification (PIV). On February 25,2005, the National Institute of Standardsand Technology
’
s (NIST
’
s) ComputerSecurity Division issued FederalInformation Processing Standard (FIPS)201, entitled
‘‘
Personal IdentityVerification of Federal Employees andContractors
’’
, in order to satisfy therequirements of HSPD
–
12 to improvethe identification and authentication of Federal employees and contractors foraccess to Federal facilities andinformation systems.The Department maintains records inEDSTAR for the purpose of makingindividual positive identificationverification, adjudicationdeterminations concerning suitabilityfor Federal employment and contractpositions, decisions concerning accessto the Department
’
s facilities andinformation systems, and informationrelated to the issuance of PIV and FIPScompliant identification media andaccess to restricted areas. Because manyof these records are currently covered bythe systems of records entitled
‘‘
Identification Media Records
’’
(18
–
05
–
 16) and
‘‘
Investigatory MaterialCompiled for Personnel Security andSuitability Purposes
’’
(18
–
05
–
17), theDepartment is merging andconsolidating these systems of records by amending and renaming the
‘‘
Investigatory Material Compiled forPersonnel Security and SuitabilityPurposes
’’
(18
–
05
–
17) system asEDSTAR and deleting the system of records for
‘‘
Identification MediaRecords
’’
(18
–
05
–
16).
DATES
:
We must receive your commentsabout the altered and deleted systems of records notice on or before December27, 2007.The Department filed a reportdescribing the altered system of recordscovered by this notice with the Chair of the Senate Committee on HomelandSecurity and Governmental Affairs, theChair of the House Committee onOversight and Government Reform, andthe Administrator of the Office of Information and Regulatory Affairs,Office of Management and Budget(OMB) on November 21, 2007. Thealtered system of records will becomeeffective at the later date of 
—
(1) Theexpiration of the 40-day period for OMBreview on December 31, 2007 or (2)December 27, 2007, unless the system of records needs to be changed as a resultof public comment or OMB review.
ADDRESSES
:
Address all comments aboutthe altered and deleted systems of records to Cecelia E. Briscoe, SeniorProgram Analyst, Security Services,Office of Management, Room 2W312,U.S. Department of Education, 400Maryland Avenue, SW., Washington,DC 20202
–
5345. If you prefer to sendcomments through the Internet, use thefollowing address:
Security.Services@Ed.gov.
You must include the term
‘‘
EDSTARComments
’’
in the subject line of yourelectronic message.During and after the comment period,you may inspect all public commentsabout this notice at the U.S. Departmentof Education in room 2W330, 400Maryland Avenue, SW., Washington,DC, between the hours of 8 a.m. and4:30 p.m., Eastern time, Mondaythrough Friday of each week exceptFederal holidays.
Assistance to Individuals WithDisabilities in Reviewing theRulemaking Record
On request, we will supply anappropriate aid, such as a reader orprint magnifier, to an individual with adisability who needs assistance toreview the comments or otherdocuments in the public rulemakingrecord for this notice. If you want toschedule an appointment for this type of aid, please contact the person listedunder
FOR FURTHER INFORMATION
 
CONTACT
.
FOR FURTHER INFORMATION CONTACT
:
Colette Hawley, Security Services,Office of Management, room 2W312,U.S. Department of Education, 400Maryland Avenue, SW., Washington,DC 20202
–
5345. Telephone number:(202) 401
–
2993. If you use atelecommunications device for the deaf (TDD), you may call the Federal RelayService (FRS) at 1
–
800
–
877
–
8339.Individuals with disabilities mayobtain this document in an alternativeformat (e.g., Braille, large print,audiotape, or computer diskette) on
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66159
Federal Register
/Vol. 72, No. 227/Tuesday, November 27, 2007/Notices
request to the contact person listed inthe preceding paragraph.
SUPPLEMENTARY INFORMATION
:
Introduction
The Privacy Act (5 U.S.C. 552a(e)(4))requires the Department to publish inthe
Federal Register
this notice of analtered system of records maintained bythe Department. The Department
’
sregulations implementing the PrivacyAct are contained in part 5b of title 34of the Code of Federal Regulations(CFR).The Privacy Act applies toinformation about individuals that ismaintained in a system of records fromwhich individually identifyinginformation is retrieved by a uniqueidentifier associated with eachindividual, such as a name or socialsecurity number. The information abouteach individual is called a
‘‘
record,
’’
 and the system, whether manual orcomputer-based, is called a
‘‘
system of records.
’’
The Privacy Act requires eachagency to publish notices of new oraltered systems of records in the
FederalRegister
and to submit reports to theAdministrator of the Office of Information and Regulatory Affairs,OMB, the Chair of the House Committeeon Oversight and Government Reform,and the Chair of the Senate Committeeon Homeland Security andGovernmental Affairs, whenever theagency publishes a new or alteredsystem of records.
Electronic Access to This Document
You can view this document, as wellas all other documents of thisDepartment published in the
FederalRegister
, in text or Adobe PortableDocument Format (PDF) on the Internetat the following site:
www.ed.gov/news/  fedregister.
To use PDF you must have AdobeAcrobat Reader, which is available freeat this site. If you have questions aboutusing PDF, call the U.S. GovernmentPrinting 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 documentis the document published in the
FederalRegister
. Free Internet access to the officialedition of the
Federal Register
and the Codeof Federal Regulations is available on GPOAccess at:
www.gpoaccess.gov/nara/ index.html.
Dated: November 21, 2007.
Michell C. Clark,
Assistant Secretary for Management.
For the reasons discussed in thepreamble, the Assistant Secretary forManagement of the Departmentpublishes a notice of altered and deletedsystems of records to read as follows:
DELETED SYSTEM OF RECORDS
The Department identifies the systemof records entitled Identification MediaRecords (18
–
05
–
16), as published in the
Federal Register
on December 26, 2002(67 FR 78794
–
96), to be deleted becauseit has been merged into andconsolidated with the following systemof records:
ALTERED SYSTEM OF RECORDS
18
–
05
–
17
 
SYSTEM NAME
:
Investigatory Material Compiled forPersonnel Security, Suitability, PositiveIdentification Verification and AccessControl for the Department of EducationSecurity Tracking and Reporting System(EDSTAR).
SECURITY CLASSIFICATION
:
None.
SYSTEM LOCATIONS
:
(1) Security Services, Office of Management, U.S. Department of Education, 400 Maryland Avenue, SW.,Washington, DC 20202
–
5345.(2) U.S. Department of Education,Data Center, 6710 Oxon Hill Road, OxonHill, MD 20745
–
1117.(3) U.S. Office of PersonnelManagement (OPM), FederalInvestigations Processing Center, P.O.Box 618, 1137 Branchton Road, Boyers,PA 16018
–
0618.(4) Verisign, 487 E. Middlefield Road,Mountain View, CA 94043
–
4047.(5) U.S. Department of Justice (DOJ),DOJ Rockville Data Center, 1151
–
DSeven Locks Road, Rockville, MD20854
–
0001.
CATEGORIES OF INDIVIDUALS COVERED BY THE
 
SYSTEM
:
This system contains information onapplicants seeking Federal or contractemployment with the Department,current Federal employees andcontractors, and other persons orentities doing business with theDepartment, or persons either seekingunescorted access to the facilities, oraccess to the information systems of theDepartment, or both. The system doesnot cover term employees of less than30 calendar days with monitored accessto either the Department
’
s facilities orinformation system, or both. Nor does itcover occasional visitors or short-termguests to the Department to the extentthat they are issued non-PersonalIdentity Verification (PIV) temporaryidentification.
CATEGORIES OF RECORDS IN THE SYSTEM
:
This system consists of recordscontaining investigative informationpertaining to current and formerDepartment employees, current andformer contractor personnel, andcurrent employees of entities makingoffers to the Department for purposes of doing business. This information mayinclude information pertaining to theindividuals
’
character, conduct, andloyalty to the United States as relevantto determination of their suitability foremployment in the Department. Thissystem of records may include anindividual
’
s name, former names, birthdate, birth place, Social Securitynumber, home address, phone numbers,employment history, residential history,education and degrees earned, names of associates and references and theircontact information, citizenship, namesof relatives, birth dates and birth placesof relatives, citizenship of relatives,names of relatives who work for theFederal government, mental healthhistory, drug use, financial information,summary report of investigation, resultsof suitability decisions, level of securityclearance, date of issuance of securityclearance, requests for appeal, witnessstatements, investigator
’
s notes, taxreturn information, credit reports,security violations, circumstances of violation, and agency action taken.These records also may, asappropriate to the individual beinginvestigated, include the followingtypes of information:(1) Documentation as to his or herarrests and convictions for violations of the law.(2) Reporting as to interviews heldwith the individual, his or her presentand former supervisors, co-workers,associates, neighbors, educators, etc.(3) Correspondence relating toadjudication matters involving theindividual.(4) Reports of inquiries made of lawenforcement agencies for informationabout the individual contained in theagencies
’
records.(5) Information provided byorganizations having association withthe individual, such as employers,educational institutions attended,professional or fraternal or socialorganizations to which the individual isor was a member, etc.(6) Reports of action following anOPM investigation or a Federal Bureauof Investigation Section 8(d) full fieldinvestigation.(7) Personal access logs of individualsentering access controlled space.(8) Public Key Infrastructure (PKI)Certificates issued under directguidance from Homeland Security
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66160
Federal Register
/Vol. 72, No. 227/Tuesday, November 27, 2007/Notices
Presidential Directive (HSPD)
–
12 andFederal Information ProcessingStandard (FIPS)
–
201.(9) Personal fingerprint records foridentification and criminal recordschecks.(10) Other information developedfrom the previous sources.In addition, this system containsrecords maintained on individualsissued PIV credentials by theDepartment. These records may includethe following data fields: Full name;Social Security number; date of birth;signature; image (photograph);fingerprints; hair color; eye color;height; weight; organization or office of assignment; company name; copy of  background investigation form; PIV cardissuance and expiration dates; personalidentification number (PIN); results of  background investigation; PIV requestform; PIV registrar approval signature;PIV card serial number; emergencyresponder designation (if applicable);copies of documents used to verifyidentification or information derivedfrom those documents such asdocument title, document issuingauthority, document number, documentexpiration date, document otherinformation); level of national securityclearance and expiration date; computersystem user name; user access andpermission rights, authenticationcertificates; and digital signatureinformation. For those issued non-PIVidentification these fields do not apply.
Note 1:
OPM and DOJ issue the standardforms used to collect information in thissystem, i.e. Standard Form (SF) 85, SF
–
85P,SF
–
85PS, SF
–
86, SF
–
87, and Fingerprintcard FD
–
258.
Note 2:
To the extent that the Departmenthas records of a personnel investigativenature that come from OPM or itscontractors, these records are covered byOPM/CENTRAL
–
9, Personnel InvestigationsRecords, and are not covered by this systemnotice.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM
:
HSPD
–
12, Policy for a CommonIdentification Standard for FederalEmployees and Contractors (August 27,2004); Executive Orders 10450, 18 FR2489, 3 CFR 1949
–
1953 Comp., p. 936);10577 (3 CFR 1954
–
1958 Comp., p.218); and 12968 (Access to ClassifiedInformation); 5 U.S.C. 3301 and 7301;Federal Property and AdministrativeAct of 1949, as amended through PublicLaw 106
–
580; and 5 CFR parts 5, 731,732, and 736.
PURPOSE
(
S
):
Records in this system are maintainedto assist in making determinationsconcerning suitability for Federalemployment, security clearances, accessto classified information, unescortedaccess to Federal government ownedand Federal government leased facilitiesor restricted areas, and evaluations as toacceptability for performance underFederal contracts or other agreementswith the Federal government. Purposesof this system also include: Ensuring thesafety and security of Federal facilities,systems, and information resources, aswell as the safety and security of theoccupants and users of these facilities,systems, and information resources;verifying that persons entering Federalfacilities and using Federal systems andinformation resources, are authorized todo so; and tracking and controlling PIVcards issued to persons entering theFederal government
’
s facilities andusing its systems and informationresources.
ROUTINE USES OF RECORDS MAINTAINED IN THE
 
SYSTEM
,
INCLUDING CATEGORIES OF USERS AND
 
THE PURPOSES OF SUCH USES
:
The Department may discloseinformation contained in a record inthis system of records under the routineuses listed in this system of recordswithout the consent of the individual if the disclosure is compatible with thepurposes for which the record wascollected. The Department may makethese disclosures on a case-by-case basisor, if the Department has complied withthe computer matching requirements of the Computer Matching and PrivacyProtection Act of 1998, as amended,under a computer matching agreement.(1)
Program Purpose.
The Departmentmay disclose records from this system of records to any source or potential sourcefrom which information is requested inthe course of an investigationconcerning the suitability or retention of an employee or a contractor, or theretention of a security clearance,contract, grant, license, or other benefit,to the extent necessary to identify theindividual being investigated, informthe source of the nature and purpose of the investigation, and to identify thetype of information requested.(2)
Enforcement Disclosure.
TheDepartment may disclose relevantrecords to a Federal, State, local,foreign, or tribal entity or other publicauthority responsible for theinvestigation, prosecution, enforcement,or implementation of a statute, rule,regulation, or order, when a record onits face or in combination with anyother information indicates a violationor potential violation of law (whethercivil, criminal, or regulatory in nature)if that information is relevant to anyenforcement, regulatory, investigative,or prosecutorial responsibility of thereceiving entity. It is Office of Management policy not to discloserecords under this routine use thatpertain to those questions for which theOffice of Management has promisedconfidentiality under SF
–
85P,Questionnaire for Public TrustPositions.(3)
Contract Disclosure.
If theDepartment contracts with an entity forthe purpose of performing any functionthat requires disclosure of records inthis system to employees of thecontractor, the Department may disclosethe records as a routine use to thoseemployees. Before entering into such acontract, the Department shall requirethe contractor to maintain Privacy Actsafeguards as required under 5 U.S.C.552a(m) with respect to the records inthe system.(4)
Litigation or Alternative DisputeResolution (ADR) Disclosure.
(a)
Introduction.
In the event that one of thefollowing parties is involved inlitigation or ADR, or has an interest inlitigation or ADR, the Department maydisclose certain records to the partiesdescribed in paragraphs (b), (c), and (d)of this routine use under the conditionsspecified in those paragraphs:(i) The Department or any of itscomponents.(ii) Any Department employee in hisor her official capacity.(iii) Any employee of the Departmentin his or her individual capacity wherethe DOJ has agreed to or has beenrequested to provide or arrange forrepresentation of the employee.(iv) Any employee of the Departmentin his or her individual capacity wherethe Department has agreed to representthe employee.(v) The United States where theDepartment determines that thelitigation is likely to affect theDepartment or any of its components.(b)
Disclosure to the DOJ 
. If theDepartment determines that disclosureof certain records to the DOJ orattorneys engaged by DOJ is relevantand necessary to litigation or ADR andis compatible with the purpose forwhich the records were collected, theDepartment may disclose those recordsas a routine use to DOJ.(c)
Adjudicative Disclosure
. If theDepartment determines that disclosureof certain records to an adjudicative body before which the Department isauthorized to appear or to an individualor entity designated by the Departmentor otherwise empowered to resolve ormediate disputes is relevant andnecessary to litigation or ADR and iscompatible with the purpose for whichthe records were collected, theDepartment may disclose those records
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