[Federal Register: June 20, 2000 (Volume 65, Number 119)]
[Notices]               
[Page 38265-38268]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr20jn00-51]                         

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DEPARTMENT OF EDUCATION

 
Privacy Act of 1974; System of Records

AGENCY: Office of Management.

ACTION: Notice of a new system of records.

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SUMMARY: In accordance with the Privacy Act of 1974, as amended, the 
Department of Education (ED) publishes this notice of a new system of 
records entitled ``Child Care Subsidy Program System.'' The system will 
contain information about employees who apply for a subsidy for child 
care expenses, their spouses and the children who are enrolled in 
government-subsidized child care, the employee's application for, and 
participation in, the child care subsidy program, including the 
employee's name, their spouse's name, the employee's title, grade and 
salary, the employee's home and work telephone numbers, the employee's 
home and work addresses, the organization in which the employee works, 
the employee's social security number, their spouse's social security 
number, the employee's tax returns, their spouse's tax returns, the 
name and social security number of the child on whose behalf the parent 
is applying for a subsidy, the child's date of birth, the date of entry 
into the Child Care Subsidy Program, and the amount of subsidy 
received; the name, address, telephone number, employer identification 
number (EIN), license and accreditation status of the child care center 
in which the employee's child(ren) is (are) enrolled, and the dates of 
attendance.
    The Department seeks comment on this new system of records 
described in this notice, in accordance with the requirements of the 
Privacy Act.

DATES: We must receive your comments on the proposed routine uses for 
the systems of records included in this notice on or before July 20, 
2000. The Department filed a report describing the new system of 
records covered by this notice with the Chair of the Committee on 
Governmental Affairs of the Senate, the Chair of the Committee on 
Government Reform and Oversight of the House, and the Administrator of 
the Office of Information and Regulatory Affairs, Office of Management 
and Budget (OMB) on June 16, 2000. The changes made in this notice will 
become effective after the 30-day period for OMB review of the systems 
expires on July 17, 2000; unless OMB gives specific notice within the 
30 days that the changes are not approved for implementation or 
requests an additional 10 days for its review. The routine uses become 
effective 30 days after publication unless they need to be changed as a 
result of public comment or OMB review. The Department will publish any 
changes to the routine uses.

ADDRESSES: Address all comments about the proposed routine uses to 
Elizabeth Mackenzie, Office of the General Counsel, U.S. Department of 
Education, 400 Maryland Avenue, SW., room 6E236, Washington, DC 20202. 
Telephone: 202-401-6700. If you prefer to send comments through the 
Internet, use the following address: Comments@ed.gov. You must include 
the term ``SOR Child Care'' in the subject line of the electronic 
message.
    During and after the comment period, you may inspect all comments 
about this notice in room 6E236, 400 Maryland Avenue, SW., 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 supply an appropriate aid, such as a reader or print 
magnifier,

[[Page 38266]]

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, 
you may call (202) 205-8113 or (202) 260-9895. If you use a TDD, you 
may call the Federal Information Relay Service at 1-800-877-8339.

FOR FURTHER INFORMATION CONTACT: Ray Van Buskirk, Work/Life Programs 
Group Director, Office of Management, U.S. Department of Education, 400 
Maryland Avenue, SW., room 2W305, Washington, DC 20202. Telephone: 
(202) 260-8979.
    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.

Introduction

    The Privacy Act (5 U.S.C. 552a) (Privacy Act) 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 Act are contained in the Code of Federal 
Regulations (CFR) in 34 CFR part 5b.
    The Privacy Act applies to information about individuals that 
contain individually identifiable information and that may be 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 all other Department of 
Education documents published in the Federal Register, in text or Adobe 
Portable Document Format (PDF) on the Internet at either of the 
following sites:

http://ocfo.ed.gov.fedreg.htm.
http://www.ed.gov/news.html.

    To use PDF you must have Adobe Acrobat Reader, which is available 
free at either of the previous sites. 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 edition 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: June 15, 2000.
Willie H. Gilmore,
Director, Office of Management.
    The Office of Management of the U.S. Department of Education 
publishes a notice of a new system of records to read as follows:
  

System Identification Number:
    18-05-13.

System Name:
    Child Care Subsidy Program System.

Security Classification:
    None.

System Location:
    U.S. Department of Education, Office of Management, 400 Maryland 
Avenue, SW., room 2W200, Washington, DC 20202.

Categories of Individuals Covered by the System:
    This system contains records on employees who apply for a subsidy 
for child care expenses, their spouses and the children who are 
enrolled in government-subsidized child care.

Categories of Records in the System:
    This system consists of records relating to an employee's 
application for, and participation in, the child care subsidy program, 
including the employee's name, their spouse's name, the employee's 
title, grade and salary, the employee's home and work telephone 
numbers, the employee's home and work addresses, the organization in 
which the employee works, the employee's social security number, their 
spouse's social security number, the employee's tax returns, their 
spouse's tax returns, the name and social security number of the child 
on whose behalf the parent is applying for a subsidy, the child's date 
of birth, the date of entry into the Child Care Subsidy Program, and 
the amount of subsidy received; the name, address, telephone number, 
employer identification number (EIN), license and accreditation status 
of the child care center in which the employee's child(ren) is (are) 
enrolled, and the dates of attendance.

Authority for Maintenance of the System:
    Pub. L. 106-58 (113 Stat. 477).

Purpose(s):
    The information contained in this system is used for the purposes 
of determining program eligibility and benefits, verifying the identity 
of the individual, verifying the eligibility of the child care center, 
investigating possible fraud and verifying compliance with regulations.

Routine Uses of Records Maintained in the System, Including Categories 
of Users and the Purpose of Such Uses:
    The Department of Education (the Department) may disclose 
information contained in a record in the systems 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.
    (1) Disclosures to Child Care Providers. The Department may 
disclose information from this system of records to child care 
providers in order to verify a child's dates of attendance at the 
provider's facility.
    (2) Disclosure for Use by Other Law Enforcement Agencies. The 
Department 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.
    (3) 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.
    (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 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:

[[Page 38267]]

    (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.
    (5) 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.
    (6) Employee Grievance, Complaint or Conduct Disclosure. The 
Department may disclose a record in this system of records to another 
agency of the Federal Government if the record is relevant to one of 
the following proceedings regarding a present or former employee of the 
Department: Complaint, grievance, discipline or competence 
determination proceedings. The disclosure may only be made during the 
course of the proceeding.
    (7) Labor Organization Disclosure. A component of the Department 
may disclose records to a labor organization if a contract between the 
component and a labor organization recognized under Title V of the 
United States Code, Chapter 71, provides that the Department will 
disclose personal records relevant to the organization's mission. The 
disclosures will be made only as authorized by law.
    (8) Freedom of Information Act (FOIA) Advice Disclosure. The 
Department may disclose records to the Department of Justice and the 
Office of Management and Budget if the Department concludes that 
disclosure is desirable or necessary in determining whether particular 
records are required to be disclosed under the FOIA.
    (9) Disclosure to the Department of Justice (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 programs covered by this system.
    (10) 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.
    (11) 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.
    (12) 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.
    (13) Disclosure to the Office of Management and Budget (OMB) for 
Credit Reform Act (CRA) Support. The Department may disclose records to 
OMB as necessary to fulfill CRA requirements.

Disclosure to Consumer Reporting Agencies:
    Not applicable.

Policies and Practices for Storing, Retrieving, Accessing, Retaining, 
and Disposing of Records in the System:
Storage
    The records are maintained in hard copy and on a computer database.

Retrievability:
    The files in this system are retrievable by social security number 
or name.

Safeguards:
    All physical access to the Department site, and the sites of 
Department contractors where this system of records is maintained, is 
controlled and monitored by security personnel who check each 
individual entering the building for his or her employee or visitor 
badge. 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. All users of this system of records are 
given a unique user ID with personal identifiers. All interactions by 
individual users with the system are recorded.

Retention and Disposal:
    Records of individual are destroyed after five years.

System Manager(s) and Address:
    Lead Program Specialist, Family-Friendly Programs, Work/Life 
Programs Group, Office of Management, 400 Maryland Avenue SW., room 
2W200 Washington, DC 20202.

[[Page 38268]]

Notification Procedures:
    If you wish to determine whether a record exists regarding you in 
this system of records, contact the system manager. Your request must 
meet the requirements of the Department's Privacy Act regulations at 34 
CFR 5b.5, 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 address listed above.

Record Access Procedures:
    If you wish to access a record regarding you in this system of 
records, contact the system manager. Your request must meet the 
requirements of the Department's Privacy Act regulations at 34 CFR 
5b.5, 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 address listed above.

Contesting of Records Procedures:
    If you wish to contest a record regarding you in this system of 
records, contact the system manager. Your request must meet the 
requirements of the Department's Privacy Act regulations at 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 address listed above.

Record Source Categories:
    Information is provided by Department employees who apply for a 
child care subsidy and from the child care providers.

System Exempted From Certain Provisions of the Act:
    None.

[FR Doc. 00-15499 Filed 6-19-00; 8:45 am]
BILLING CODE 4000-01-U