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Federal Register / Vol. 69, No.

50 / Monday, March 15, 2004 / Notices 12247

DEPARTMENT OF EDUCATION 2. On page 30154, first and second 85P, Questionnaire for Public Trust
columns, make the following Positions.
Privacy Act of 1974; System of amendments: 3. On page 30155, first and second
Records—Investigatory Material a. Under the heading SYSTEM columns, make the following
Compiled for Personnel Security and LOCATION, paragraphs one and two are amendments:
Suitability Purposes (18–10–02) revised to read as follows: a. Under the heading ROUTINE USES OF
Security Services, Office of RECORDS MAINTAINED IN THE SYSTEM,
AGENCY: Department of Education.
ACTION:Notice of new, amended, altered Education, 400 Maryland Avenue, SW., PURPOSES OF SUCH USE, routine use (8)
and deleted systems of records; Washington, DC 20202.
amendments. is revised to read as follows:
U.S. Office of Personnel Management,
(8) Disclosure for Use by Other Law
Federal Investigations Processing
SUMMARY: We publish this notice to Enforcement and Intelligence Agencies.
Center, PO Box 618, 1137 Branchton
amend the system of records The Department may disclose
Road, Boyers, PA 16018–0618.
‘‘Investigatory Material Compiled for information to any Federal, State, local
Personnel Security and Suitability b. Under the heading CATEGORIES OF
or foreign agency or other public
RECORDS IN THE SYSTEM, a footnote is
Purposes’’ (18–10–02) by changing its authority responsible for enforcing,
numbering to 18–05–17, changing its added at the end of the paragraph to
investigating, or prosecuting violations
system location from the Office of read as follows:
of administrative, civil, or criminal law
Inspector General to the Office of Note 1. To the extent that the Department or regulation if that information is
Management, adding a note to the of Education has records of a personnel relevant to any enforcement,
categories of records in this system investigative nature that come from OPM or investigative, or prosecutorial
its contractors, they are covered by OPM/
notice explaining that, to the extent that responsibility within the receiving
CENTRAL–9, Personnel Investigations
the Department has records of a Records, and are not covered by this system entity’s jurisdiction. Under this routine
personnel investigative nature that come notice. use, the Department may also disclose
from the Office of Personnel information to Federal intelligence
Management or its contractors, they are c. Under the heading PURPOSE(S), the agencies for use in intelligence
covered by OPM/CENTRAL–9, paragraph is revised to read as follows: activities.
Personnel Investigations Records, and Records in this system are maintained
b. Under the heading STORAGE, the
not this system notice, changing its to provide the Office of Management
paragraph is revised to read as follows:
purpose statement, routine uses, and and other responsible Department
officials with information to assist them Records are maintained in secured
system manager to reflect the move of space either in locked lektrievers, in a
the security program from the Office of in making individual personnel
determinations concerning suitability room accessible by access control card;
Inspector General to the Office of or in fire resistant safes with
Management, and updating the for Federal employment, security
clearances, access to classified manipulation proof combination locks,
paragraphs on storage, retrievability, and in a computer database.
retention and disposal and safeguards to information or restricted areas, and
evaluations as to acceptability for c. Under the heading SAFEGUARDS, the
reflect current retention and security
performance under Federal contracts or paragraph is revised to read as follows:
other agreements with the Federal Folders are maintained in secured
DATES: The amendments in this notice Government. Incidental to this purpose, space in locked lektrievers, in a room
are effective on March 15, 2004. these records may also be disclosed to accessible by access control card, or in
FOR FURTHER INFORMATION CONTACT: other Federal and non-Federal fire resistant safes with manipulation
Sandra H. Warren, Chief, Personnel & investigatory agencies to protect the proof combination locks. All records,
Information (Non-Cyber) Security, public or Federal interest, or both. including those records that are
Office of Management, Security d. Under the heading ROUTINE USES OF maintained on the computer database,
Services, 400 Maryland Avenue, SW., RECORDS MAINTAINED IN THE SYSTEM, are in limited access rooms. All
room 2W229, Washington, DC 20202. INCLUDING CATEGORIES OF USERS AND THE employees are required to have an
Telephone: (202) 205–0127. If you use a PURPOSES OF SUCH USE, routine use (3) appropriate security clearance before
telecommunications device for the deaf is revised to read as follows: they are allowed access, on a ‘‘need-to-
(TDD), you may call the Federal (3) To a Federal, State, local, or know’’ basis, to the records. Computer
Information Relay Service (FIRS) at 1– foreign entity or other public authority databases are kept on a local area
800–877–8339. responsible for the investigation, network that is not connected to any
Individuals with disabilities may prosecution, enforcement, or outside network including the Internet.
obtain this document in an alternative implementation of a statute, rule, Database accessibility is restricted to
format (e.g., Braille, large print, regulation, or order, when a record on hard wire network connection from
audiotape, or computer diskette) on its face or in combination with any within the office or via modem.
request to the contact person listed other information indicates a violation Authorized log-on codes and passwords
under FOR FURTHER INFORMATION or potential violation of law (whether prevent unauthorized users from
CONTACT. civil, criminal, or regulatory in nature) gaining access to data and system
Amendments: The following if that information is relevant to any resources. All users have unique log-on
amendments are made in the notice of enforcement, regulatory, investigative, codes and passwords. The password
new, amended, altered and deleted or prosecutorial responsibility of the scheme requires that users must change
systems of records published in the receiving entity. It is Office of passwords every 90 days and may not
Federal Register on June 4, 1999 (64 FR Management policy not to disclose repeat the old password. Any individual
30105): records under this routine use that attempting to log on who fails is locked
1. On page 30153, third column, the pertain to those questions for which the out of the system after three attempts.
identification number 18–10–02 is Office of Management has promised Access after that time requires
revised to read 18–05–17. confidentiality under Standard Form intervention by the system manager.

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12248 Federal Register / Vol. 69, No. 50 / Monday, March 15, 2004 / Notices

d. Under the heading RETENTION AND ACTION: Notice of an altered system of Monday through Friday of each week
DISPOSAL, the paragraph is revised to records. except Federal holidays.
read as follows:
SUMMARY: In accordance with the Assistance to Individuals With
Most background investigative Disabilities in Reviewing the
records are maintained no later than 5 Privacy Act of 1974, as amended
(Privacy Act), the Department of Rulemaking Record
years after separation or transfer of
employee or no later than 5 years after Education (Department) publishes this On request we will supply an
contract relationship expires, whichever notice of proposed alterations to its appropriate aid, such as a reader or
is applicable in accordance with system of records for the Complaint print magnifier, to an individual with a
General Records Schedule 18, Item 22. Files and Log (18–08–01). These disability who needs assistance to
Reports of background investigations alterations serve to update the system of review the comments or other
that were conducted under delegated records to reflect current administrative documents in the public rulemaking
authority from the Office of Personnel and related procedures, the record for this notice. If you want to
Management by the Office of Inspector implementation of a new computer schedule an appointment for this type of
General are retained for 15 years after system to maintain what formerly and aid, please contact the person listed
the last investigative activity, except for exclusively were paper files, the under FOR FURTHER INFORMATION
investigations involving potentially deletion and consolidation of the Case CONTACT.
actionable issue(s), which are Information System into the Complaint FOR FURTHER INFORMATION CONTACT:
maintained for 25 years after the last Files and Log system, the renumbering Sandra G. Battle. Telephone: (202) 205–
investigative activity. The records are of the Complaint Files and Log system 5526. If you use a telecommunications
disposed of by electronic erasure or notice from 18–08–02 to 18–08–01, device for the deaf (TDD), you may call
shredding. revisions to the purpose statement, and the Federal Information Relay Service
e. Under the heading SYSTEM the addition of a new routine use (FIRS) at 1–800–877–8339.
MANAGER(S) AND ADDRESS, the paragraph disclosure. Individuals with disabilities may
is revised to read as follows: DATES: The Department seeks comments obtain this document in an alternative
Security Services, Office of on the altered system of records format (e.g., Braille, large print,
Management, U.S. Department of described in this notice, in accordance audiotape, or computer diskette) on
Education, 400 Maryland Avenue, SW., with the requirements of the Privacy request to the contact person listed in
Room 2W229, Washington, DC 20202. Act. We must receive your comments on the preceding paragraph.
Electronic Access to This Document or before April 14, 2004. SUPPLEMENTARY INFORMATION:
The Department filed a report Introduction
You may view this document, as well describing the altered system of records
as all other Department of Education covered by this notice with the Chair of The Privacy Act (5 U.S.C. 552a(e)(4))
documents published in the Federal the Senate Committee on Governmental requires the Department to publish in
Register, in text or Adobe Portable Affairs, the Chair of the House the Federal Register this notice of an
Document Format (PDF) on the Internet Committee on Government Reform, and altered system of records maintained by
at the following site: the Administrator of the Office of the Department. The Department’s
news/FedRegister. Information and Regulatory Affairs, regulations implementing the Privacy
To use PDF you must have Adobe Office of Management and Budget Act are contained in the Code of Federal
Acrobat Reader, which is available free (OMB) on March 9, 2004. This altered Regulations (CFR) in 34 CFR part 5b.
at this site. If you have questions about system of records will become effective The Privacy Act applies to a record
using PDF, call the U.S. Government at the later date of—(1) the expiration of about an individual that contains
Printing Office (GPO); toll free, at 1– the 40-day period for OMB review on individually identifiable information
888–293–6498; or in the Washington, April 18, 2004, or (2) April 14, 2004, that is retrieved by a unique identifier
DC, area at (202) 512–1530. unless the system of records needs to be associated with each individual, such as
Note: The official version of this document changed as a result of public comment a name or social security number. The
is the document published in the Federal or OMB review. information about each individual is
Register. Free Internet access to the official called a ‘‘record’’ and the system,
edition of the Federal Register and the Code ADDRESSES: Address all comments about whether manual or computer-based, is
of Federal Regulations is available on GPO this altered system of records to Sandra called a ‘‘system of records.’’ The
Access at G. Battle, Director, Program Legal Privacy Act requires each agency to
index.html. Group, Office for Civil Rights, room publish notices of systems of records in
5036, MES Building, 400 Maryland the Federal Register and to prepare
Dated: March 9, 2004. Avenue, SW., Washington, DC 20202– reports for OMB whenever the agency
William J. Leidinger, 6132. The fax number for submitting publishes a new or altered system of
Assistant Secretary for Management and comments is (202) 260–3040. If you records. Each agency is also required to
Chief Information Officer. prefer to send your comments through send copies of the report to the Chair of
[FR Doc. 04–5674 Filed 3–12–04; 8:45 am] the Internet, use the following address: the Senate Committee on Governmental
BILLING CODE 4000–01–P Affairs and the Chair of the House
You must include the term Committee on Government Reform.
‘‘Complaint Files and Log’’ in the Examples of when a system of records
DEPARTMENT OF EDUCATION subject line of the electronic message. is considered altered include an
Privacy Act of 1974; System of During and after the comment period, expansion of the types or categories of
Records—Office for Civil Rights you may inspect all public comments information or an addition of a new
Complaint Files and Log about this notice in room 5036, MES routine use for information maintained
Building, 330 C Street, SW., in the system. Since the last publication
AGENCY: Office for Civil Rights, Washington, DC, between the hours of of these system of records notices in the
Department of Education. 9:30 a.m. and 5 p.m., eastern time, Federal Register on June 4, 1999 (64 FR

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