[Federal Register: June 9, 1999 (Volume 64, Number 110)]
[Proposed Rules]
[Page 31065-31066]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr09jn99-19]
[[Page 31065]]
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Part IV
Department of Education
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34 CFR Part 5b
Privacy Act of 1974; Implementation; Final Rule
[[Page 31066]]
DEPARTMENT OF EDUCATION
34 CFR Part 5b
RIN 1880-AA78
Privacy Act Regulations; Implementation
AGENCY: Office of Inspector General, Department of Education.
ACTION: Final regulations.
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SUMMARY: The Secretary amends the Department's regulations implementing
the Privacy Act of 1974 (the Act). These amendments are needed to
modify existing departmental regulations to exempt from certain
provisions of the Act a new system of records known as the Office of
Inspector General (OIG) Hotline Complaints Files (System No. 18-10-
0004) (ED/OIG Hotline Complaint Files). These exemptions are needed to
protect information regarding Hotline complaints from disclosure to
target individuals and others who could interfere with the processing
and disposition of the information and with law enforcement activities
relating to the Hotline complaints.
DATES: These regulations are effective July 9, 1999.
FOR FURTHER INFORMATION CONTACT: Gary Mathison, Acting Assistant
Inspector General for Investigations, U.S. Department of Education, 400
Maryland Avenue, SW., room 4106, Switzer Building, Washington, DC
20202-1530. Telephone: (202) 205-8762. 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
alternate format (e.g., Braille, large print, audiotape, or computer
diskette) on request to the contact person listed in the preceding
paragraph.
SUPPLEMENTARY INFORMATION: On November 24, 1997, the Secretary
published a notice of proposed rulemaking (NPRM) for this amendment in
the Federal Register (62 FR 62670). The NPRM included a detailed
summary of major issues on pages 62670-62672. In the same issue of the
Federal Register, the Secretary published a Notice of a New System of
Records entitled ``Hotline Complaint Files of the Inspector General''
(62 FR 62673). The Secretary stated that the new system would not be
implemented until the proposed exemptions became final. The exemptions
become final on the effective date of these final regulations.
Except for minor editorial and technical revisions, there are no
differences between the NPRM and these final regulations.
The exemptions are authorized under the Privacy Act, 5 U.S.C.
552a(j)(2) and (k)(2). Under subsection (j)(2) of the Act, the
Secretary through rulemaking may exempt from certain provisions of the
Act those systems of records maintained by a component of the
Department that performs as its principal function any activity
pertaining to the enforcement of criminal laws, if the information in
the system is compiled for the purpose of criminal investigation. Under
5 U.S.C. 552a(k)(2), the Secretary through rulemaking may exempt from a
more limited number of Privacy Act requirements a system of records
that contains investigatory materials compiled for civil and
administrative law enforcement purposes.
Public Comment
In the NPRM the Secretary invited comments on the proposed
regulations. We did not receive any comments.
Paperwork Reduction Act of 1995
These regulations do not contain any information collection
requirements.
Intergovernmental Review
This program is not subject to the requirements of Executive Order
12372 and the regulations in 34 CFR Part 79.
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 the PDF you must have the Adobe Acrobat Reader Program with
Search, which is available free at either of the previous sites. If you
have questions about using the 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.
(Catalogue of Federal Domestic Assistance Number does not apply)
List of Subjects in 34 CFR Part 5b
Privacy.
Dated: June 4, 1999.
Richard W. Riley,
Secretary of Education.
The Secretary amends part 5b of title 34 of the Code of Federal
Regulations as follows:
PART 5b--PRIVACY ACT REGULATIONS
1. The authority citation for part 5b is revised to read as
follows:
Authority: 5 U.S.C. 301 and 552a.
2. Section 5b.11 is amended by revising paragraphs (b),
introductory text, and (c)(1), introductory text, to read as follows:
Sec. 5b.11 Exempt systems.
* * * * *
(b) Specific systems of records exempted under (j)(2). The
Department exempts the Investigative Files of the Inspector General ED/
OIG (18-10-0001) and the Hotline Complaint Files of the Inspector
General ED/OIG (18-10-0004) systems of records from the following
provisions of 5 U.S.C. 552a and this part:
* * * * *
(c) * * *
(1) The Department exempts the Investigative Files of the Inspector
General ED/OIG (18-10-0001) and the Hotline Complaint Files of the
Inspector General ED/OIG (18-10-0004) from the following provisions of
5 U.S.C. 552a and this part to the extent that these systems of records
consist of investigatory material and complaints that may be included
in investigatory material compiled for law enforcement purposes:
* * * * *
[FR Doc. 99-14585 Filed 6-8-99; 8:45 am]
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