FR Doc E8-10775[Federal Register: May 14, 2008 (Volume 73, Number 94)]
[Rules and Regulations]
[Page 27747-27748]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr14my08-12]
Download: 
-----------------------------------------------------------------------
DEPARTMENT OF EDUCATION
34 CFR Part 8
[Docket ID ED-2007-OS-0138]
Demands for Testimony or Records in Legal Proceedings
AGENCY: Office of the Secretary, Department of Education.
ACTION: Final regulations.
-----------------------------------------------------------------------
SUMMARY: The Secretary amends the regulations regarding the production
of information pursuant to demands in judicial or administrative
proceedings. The changes are intended to promote consistency in the
Department's assertion of privileges and objections, and thereby
prevent harm that may result from inappropriate disclosure of
confidential information or inappropriate allocation of agency
resources. These changes apply only where employees are subpoenaed in
litigation to which the agency is not a party. Former Department
employees are expressly required to seek the Secretary's approval prior
to responding to subpoenas that seek non-public materials and
information acquired during their employment at the Department.
DATES: These regulations are effective June 13, 2008.
FOR FURTHER INFORMATION CONTACT: Christine M. Rose, U.S. Department of
Education, 400 Maryland Avenue, SW., room 6C122, Washington, DC 20202-
2110. Telephone: (202) 401-6700.
If you use a telecommunications device for the deaf (TDD), you may
call the Federal Relay Service (FRS) at 1-800-877-8339.
Individuals with disabilities can 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.
SUPPLEMENTARY INFORMATION: On December 26, 2007 the Secretary published
a notice of proposed rulemaking (NPRM) for this part in the Federal
Register (72 FR 72976). In the preamble to the NPRM, the Secretary
discussed on pages 72976 and 72977 the major changes proposed in that
document to clarify the instructions and procedures to be followed by
current and former Department employees with respect to the production
and disclosure of material or information acquired as a result of
performance of the person's official duties or because of the person's
official status in response to judicially enforceable subpoenas or
demands in judicial or administrative proceedings, except demands from
the Congress. These included the following:
Amending Sec. 8.1 to modify the definition of employee to
include both current and former employees.
Amending Sec. 8.3(a)(2) to provide that a demand for
testimony or records expressly include a statement of why the release
of information would not be contrary to an interest of the Department
or the United States.
There are no differences between the NPRM and these final
regulations.
Analysis of Comments and Changes
In response to the Secretary's invitation in the NPRM, two parties
submitted comments on the proposed regulations. An analysis of the
comments follows.
Comment: One commenter expressed support for the proposed changes.
Discussion: We appreciate this statement of support.
Change: None.
Comment: One commenter requested that we clarify the definition of
employee in Sec. 8.2 by changing the definition's structure to a
listing so that former employees are a specific category under the
definition.
Discussion: In the definition of employee in Sec. 8.2, we added
the words ``or former'' between the words ``current'' and ``employee''
to clarify that the regulations concerning disclosure or production of
agency materials or information in judicial or administrative
proceedings in response to a judicially enforceable subpoena or demand
apply to both current and former employees. We do not believe that a
listing, within this definition, would add additional clarity.
Change: None.
Executive Order 12866
We have reviewed these final regulations in accordance with
Executive Order 12866. Under the terms of the order we have assessed
the potential costs and benefits of this regulatory action.
The potential costs associated with the final regulations are those
resulting from statutory requirements and those we have determined to
be necessary for administering this program effectively and
efficiently.
In assessing the potential costs and benefits--both quantitative
and qualitative--of these final regulations, we have determined that
the benefits of the regulations justify the costs.
We have also determined that this regulatory action does not unduly
interfere with State, local, and tribal governments in the exercise of
their governmental functions.
We summarized the potential costs and benefits of these final
regulations in the preamble to the NPRM at 72 FR 72977 and 72978.
Paperwork Reduction Act of 1995
These regulations do not contain any information collection
requirements.
Electronic Access to This Document
You can view this document, as well as all other documents of this
Department 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 edition of the Federal Register and the Code of Federal
Regulations is available on GPO
[[Page 27748]]
Access at: http://www.gpoaccess.gov/nara/index.html.
(Catalog of Federal Domestic Assistance Number does not apply.)
List of Subjects in 34 CFR Part 8
Courts, Government employees, Reporting and recordkeeping
requirements.
Dated: May 8, 2008.
Margaret Spellings,
Secretary of Education.
0
For the reasons discussed in the preamble, the Secretary amends part 8
of title 34 of the Code of Federal Regulations as follows:
PART 8--DEMANDS FOR TESTIMONY OR RECORDS IN LEGAL PROCEEDINGS
0
1. The authority citation for part 8 continues to read as follows:
Authority: 5 U.S.C. 301; 5 U.S.C. 552; 20 U.S.C. 3474, unless
otherwise noted.
Sec. 8.1 [Amended]
0
2. The introductory text of Sec. 8.1(a) is amended by removing the
words ``if the Department or any departmental employee'' and adding, in
their place, the words ``when the Department or any employee of the
Department''.
Sec. 8.2 [Amended]
0
3. The definition of ``Employee'' in Sec. 8.2 is amended by adding the
words ``or former'' between the words ``current'' and ``employee''.
Sec. 8.3 [Amended]
0
4. Section 8.3 is amended by:
0
A. In the introductory text of paragraph (a), removing the words ``or
former employee,''.
0
B. In paragraph (a)(2), removing the words ``and why the information
sought is unavailable by any other means'' and adding, in their place,
the words ``, why the information sought is unavailable by any other
means, and the reason why the release of the information would not be
contrary to an interest of the Department or the United States''.
0
C. In paragraph (b), removing the words ``or former employee'' each
time they appear.
0
D. In paragraph (b), removing the words ``room 4083, FOB-6,'' and
adding, in their place, the words ``room 6E300, Lyndon Baines Johnson
Building,''.
0
E. In paragraph (c), removing the words ``or former employee''.
0
F. In paragraph (c), removing the words ``Records Management Branch
Chief, Office of Information Resources Management, U.S. Department of
Education, 7th and D Streets, SW., ROB-3'' and adding, in their place,
the words ``Records Officer, Information Policy and Standards Team,
Regulatory Information Management Services, Office of Management, U.S.
Department of Education, 400 Maryland Avenue, SW., room 9161, PCP''.
[FR Doc. E8-10775 Filed 5-13-08; 8:45 am]
BILLING CODE 4000-01-P