FR Doc 04-7894
[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]                         


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Download: PDF Version
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Part III





Department of Education





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Privacy Act of 1974; System of Records--RSA-911 Case Service Report; 
Notice


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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.

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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)).

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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

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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]

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