Privacy Act of 1974; System of Records--Investigatory Material Compiled for Personnel Securityand Suitability Purposes (18-10-02); Notice of new, amended, altered and deleted systems ofrecords; amendments [OM]

FR Doc 04-5674
[Federal Register: March 15, 2004 (Volume 69, Number 50)]
[Notices]               
[Page 12247-12248]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr15mr04-136]                         



[[Page 12247]]

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DEPARTMENT OF EDUCATION

 
Privacy Act of 1974; System of Records--Investigatory Material 
Compiled for Personnel Security and Suitability Purposes (18-10-02)

AGENCY: Department of Education.

ACTION: Notice of new, amended, altered and deleted systems of records; 
amendments.

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SUMMARY: We publish this notice to amend the system of records 
``Investigatory Material Compiled for Personnel Security and 
Suitability Purposes'' (18-10-02) by changing its numbering to 18-05-
17, changing its system location from the Office of Inspector General 
to the Office of Management, adding a note to the categories of records 
in this system notice explaining that, to the extent that the 
Department has records of a personnel investigative nature that come 
from the Office of Personnel Management or its contractors, they are 
covered by OPM/CENTRAL-9, Personnel Investigations Records, and not 
this system notice, changing its purpose statement, routine uses, and 
system manager to reflect the move of the security program from the 
Office of Inspector General to the Office of Management, and updating 
the paragraphs on storage, retrievability, retention and disposal and 
safeguards to reflect current retention and security measures.

DATES: The amendments in this notice are effective on March 15, 2004.

FOR FURTHER INFORMATION CONTACT: Sandra H. Warren, Chief, Personnel & 
Information (Non-Cyber) Security, Office of Management, Security 
Services, 400 Maryland Avenue, SW., room 2W229, Washington, DC 20202. 
Telephone: (202) 205-0127. 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 under FOR FURTHER 
INFORMATION CONTACT.
    Amendments: The following amendments are made in the notice of new, 
amended, altered and deleted systems of records published in the 
Federal Register on June 4, 1999 (64 FR 30105):
    1. On page 30153, third column, the identification number 18-10-02 
is revised to read 18-05-17.
    2. On page 30154, first and second columns, make the following 
amendments:
    a. Under the heading SYSTEM LOCATION, paragraphs one and two are 
revised to read as follows:
    Security Services, Office of Management, U.S. Department of 
Education, 400 Maryland Avenue, SW., Washington, DC 20202.
    U.S. Office of Personnel Management, Federal Investigations 
Processing Center, PO Box 618, 1137 Branchton Road, Boyers, PA 16018-
0618.
    b. Under the heading CATEGORIES OF RECORDS IN THE SYSTEM, a 
footnote is added at the end of the paragraph to read as follows:

    Note 1. To the extent that the Department of Education has 
records of a personnel investigative nature that come from OPM or 
its contractors, they are covered by OPM/CENTRAL-9, Personnel 
Investigations Records, and are not covered by this system notice.

    c. Under the heading PURPOSE(S), the paragraph is revised to read 
as follows:
    Records in this system are maintained to provide the Office of 
Management and other responsible Department officials with information 
to assist them in making individual personnel determinations concerning 
suitability for Federal employment, security clearances, access to 
classified information or restricted areas, and evaluations as to 
acceptability for performance under Federal contracts or other 
agreements with the Federal Government. Incidental to this purpose, 
these records may also be disclosed to other Federal and non-Federal 
investigatory agencies to protect the public or Federal interest, or 
both.
    d. Under the heading ROUTINE USES OF RECORDS MAINTAINED IN THE 
SYSTEM, INCLUDING CATEGORIES OF USERS AND THE PURPOSES OF SUCH USE, 
routine use (3) is revised to read as follows:
    (3) To a Federal, State, local, or foreign entity or other public 
authority responsible for the investigation, prosecution, enforcement, 
or implementation of a statute, rule, regulation, or order, when a 
record on its face or in combination with any other information 
indicates a violation or potential violation of law (whether civil, 
criminal, or regulatory in nature) if that information is relevant to 
any enforcement, regulatory, investigative, or prosecutorial 
responsibility of the receiving entity. It is Office of Management 
policy not to disclose records under this routine use that pertain to 
those questions for which the Office of Management has promised 
confidentiality under Standard Form 85P, Questionnaire for Public Trust 
Positions.
    3. On page 30155, first and second columns, make the following 
amendments:
    a. Under the heading ROUTINE USES OF RECORDS MAINTAINED IN THE 
SYSTEM, INCLUDING CATEGORIES OF USERS AND THE PURPOSES OF SUCH USE, 
routine use (8) is revised to read as follows:
    (8) Disclosure for Use by Other Law Enforcement and Intelligence 
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, investigative, or 
prosecutorial responsibility within the receiving entity's 
jurisdiction. Under this routine use, the Department may also disclose 
information to Federal intelligence agencies for use in intelligence 
activities.
    b. Under the heading STORAGE, the paragraph is revised to read as 
follows:
    Records are maintained in secured space either in locked 
lektrievers, in a room accessible by access control card; or in fire 
resistant safes with manipulation proof combination locks, and in a 
computer database.
    c. Under the heading SAFEGUARDS, the paragraph is revised to read 
as follows:
    Folders are maintained in secured space in locked lektrievers, in a 
room accessible by access control card, or in fire resistant safes with 
manipulation proof combination locks. All records, including those 
records that are maintained on the computer database, are in limited 
access rooms. All employees are required to have an appropriate 
security clearance before they are allowed access, on a ``need-to-
know'' basis, to the records. Computer databases are kept on a local 
area network that is not connected to any outside network including the 
Internet. Database accessibility is restricted to hard wire network 
connection from within the office or via modem. Authorized log-on codes 
and passwords prevent unauthorized users from gaining access to data 
and system resources. All users have unique log-on codes and passwords. 
The password scheme requires that users must change passwords every 90 
days and may not repeat the old password. 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.

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    d. Under the heading RETENTION AND DISPOSAL, the paragraph is 
revised to read as follows:
    Most background investigative records are maintained no later than 
5 years after separation or transfer of employee or no later than 5 
years after contract relationship expires, whichever is applicable in 
accordance with General Records Schedule 18, Item 22. Reports of 
background investigations that were conducted under delegated authority 
from the Office of Personnel Management by the Office of Inspector 
General are retained for 15 years after the last investigative 
activity, except for investigations involving potentially actionable 
issue(s), which are maintained for 25 years after the last 
investigative activity. The records are disposed of by electronic 
erasure or shredding.
    e. Under the heading SYSTEM MANAGER(S) AND ADDRESS, the paragraph 
is revised to read as follows:
    Security Services, Office of Management, U.S. Department of 
Education, 400 Maryland Avenue, SW., Room 2W229, Washington, DC 20202.

Electronic Access to This Document

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    Note: The official version of this document is the document 
published in the Federal Register. Free Internet access to the 
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Regulations is available on GPO Access at http://www.gpoaccess.gov/nara/index.html
.



    Dated: March 9, 2004.
William J. Leidinger,
Assistant Secretary for Management and Chief Information Officer.
[FR Doc. 04-5674 Filed 3-12-04; 8:45 am]

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