[Federal Register: July 31, 2001 (Volume 66, Number 147)]
[Notices]
[Page 39503-39506]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr31jy01-64]
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DEPARTMENT OF EDUCATION
Privacy Act of 1974; System of Records
AGENCY: Office of Management, Department of Education.
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 (Department) publishes this notice of a new
system of records entitled ``Individual Development Planning (IDP)
System.'' The system will be used by employees and supervisors to
identify career development opportunities for employees to ensure that
employees receive appropriate training and development to enhance job
performance.
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 the notice on or before August 30,
2001. 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 July 26, 2001. This new system will become
effective after the 30-day period for OMB review of the system expires
on August 25, 2001, 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
August 30, 2001 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 on the proposed routine uses to
Chiquitta Thomas, Privacy Act Officer, Office of the Chief Information
Officer, U.S. Department of Education, 400 Maryland Avenue, SW., room
4082, Washington, DC 20202-4580. Telephone: (202) 708-9265. If you
prefer to send comments through the Internet, use the following
address: Comments@ed.gov.
You must include the term ``IDP'' 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 8:00 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, to an individual with a disability who needs
[[Page 39504]]
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 (FIRS) at 1-800-877-8339.
FOR FURTHER INFORMATION CONTACT: Darlene Holly, Training and
Development Center (TDC), Office of Management, U.S. Department of
Education, room 2W218 FB6, 400 Maryland Avenue, SW., Washington, DC
20202-4614. Telephone: 202-401-4956. If you use a telecommunications
device for the deaf (TDD), you may call the 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 by contacting the contact person listed in the
preceding paragraph.
SUPPLEMENTARY INFORMATION:
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 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.
The Individual Development Planning (IDP) System will help
employees improve their current job performance and achieve future
career goals. The system will guide employees through a process of
setting short-term goals by identifying areas where performance
improvement is needed and provide resources for improving performance.
The system will also help employees establish long-term career goals
and develop a plan for achieving those goals.
This system employs a computer-aided analysis of the employee's job
performance as per the self and group scores obtained from the General
Performance Appraisal System (GPAS). The results of the analysis, along
with the employee's long-term and short-term goals, yield a set of
three GPAS standards, which the employee wishes to improve. A self-
designated standard may be substituted for one of the standards.
Once the employee has identified the standards to improve, he/she
may then use the IDP system to link 1 or 2 career-building activities
for each standard. Activities may be (1) training courses from other
Government agencies, (2) Department-sponsored training, (3) outside
courses, (4) self-study, or (5) non-traditional activities such as
joining a community service organization. These activity types are
supported by links to database tables, Department Intranet sites, or
Internet sites for other agencies.
Once the career-building plan is complete, the employee may submit
an on-line version of his/her Individual Development Plan document--the
output of the IDP process. The supervisor then reviews the document,
offers suggestions for change, and finally approves it when the
employee and supervisor come to an agreement. This agreement outlines
steps the employee plans to take to work towards improving specific
skills, and encourages support from management with training, access to
materials, job rotation, etc.
Once a career-building activity has been completed, the employee
updates the system with an evaluative comment as to the usefulness of
the activity.
GPAS records are derived from the GPAS system but do not include
comments. GPAS standards are presented to facilitate analysis and
planning. When the employee initiates contact with his/her supervisor,
the employee's supervisor may access the employee's selection of
standards and career-building activities. Once the employee and
supervisor come to an agreement on the individual development plan,
both sign the document.
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 the following site:
www.ed.gov/legislation/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 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: July 26, 2001.
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:
18-05-14
System Name:
Individual Development Planning System.
Security Classification:
None.
System Location:
U.S. Department of Education, Training and Development Center
(TDC), Office of Management, 400 Maryland Avenue, SW., room 2W218,
Washington, DC 20202-4614.
Categories of Individuals Covered by the System:
The U.S. Department of Education's (Department) Individual
Development Planning (IDP) System covers all Department employees.
However, it does not cover temporary employees serving on appointments
of 120 calendar days or less in a consecutive 12-month period.
Categories of Records in the System:
This system contains the following information about each employee
of the Department: The name of the employee, employee social security
number, organizational entity, supervisor, and hire date. The system
also includes information from the General Performance Appraisal System
(GPAS), including each employee's self-evaluation scores, and
evaluation scores of customers, co-workers and supervisors. This system
also may contain a computer-aided analysis of the employee's job
performance derived from the scores contained in the employee's GPAS,
the employee's long-term and short-term career development goals, the
employee's individual development plan, and the employee's evaluative
comments as to the usefulness of the career-building activities.
[[Page 39505]]
Authority for Maintenance of the System:
Title 5, United States Code (U.S.C.), Chapter 43, Subchapter I.
Purpose(s):
The information contained in this system is used for the purposes
of improving employee job performance and helping employees to achieve
future career goals. The system will guide employees through a process
of setting short-term goals by identifying areas where performance
improvement is needed and will provide resources for improving
performance. The system also will help employees establish long-term
career goals and develop a plan for achieving those goals. This system
is also designed to automate the career development process.
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, 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. 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 prosecution 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) 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:
(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.
(4) 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.
(5) 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.
(6) 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.
(7) 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.
(8) 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.
(9) 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.
(10) Research Disclosure. The Department may disclose records to a
researcher if an appropriate official of the Department determines that
the
[[Page 39506]]
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.
(11) 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.
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:
The database is protected by stringent security mechanisms that
include a combination of hardware, operating system, application
software, database software, and procedures. This ensures that every
employee's Individual Development Planning (IDP) system career planning
records are handled with utmost privacy and confidentiality.
Access to the employee's records is controlled through the IDP
application by use of a login/password authentication process. The
employee is able to change his/her password at will. Status changes of
the IDP record set are tracked, and are available in the form of an
audit trail.
Retention and Disposal:
An employee's career-planning information for a semi-annual review
period remains in the IDP database until four semi-annual cycles have
passed. Each cycle is six months in length. The database is purged on a
semi-annual basis of any data that is older than two years.
System Manager(s) and Address:
Training and Development Center, Office of Management, U.S.
Department of Education, 400 Maryland Avenue, SW., room 2W218, FB6,
Washington, DC 20202-4614.
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.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 following address:
Training and Development Center, Office of Management, U.S. Department
of Education, room 2W218, FB-6, 400 Maryland Avenue, SW., Washington,
DC 20202.
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 under
Notification Procedures.
Contesting of Records Procedures:
If you wish to contest the contents of records 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 under
System Manager and Address.
Record Source Categories:
Information in this system of records is derived from the
Department's General Performance Appraisal System (GPAS).
System Exempted From Certain Provisions of the Act:
None.
[FR Doc. 01-18985 Filed 7-30-01; 8:45 am]
BILLING CODE 4000-01-P