[Federal Register: January 30, 2002 (Volume 67, Number 20)]
[Notices]
[Page 4415-4417]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr30ja02-53]
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DEPARTMENT OF EDUCATION
Privacy Act of 1974; System of Records--Investigative Files of
the Inspector General (18-10-01)
AGENCY: Department of Education.
ACTION: Correction.
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SUMMARY: We publish this notice to correct the Investigative Files of
the Inspector General (18-10-01) by restoring two items to the purpose
clause, correcting the numbering of the routine uses, moving the
substance of the computer matching routine use to the general list of
routine uses and amending the introduction to the routine uses to
include a statement that any of the routine use disclosures may be made
on a case-by-case basis or through computer matching if the
requirements for computer matching have been met, eliminating language
in Disclosure 5, and clarifying the language of the Debarment and
Suspension Disclosure. Our regular review of our system notices
revealed the need for these clarifications and corrections.
DATES: The corrections in this notice are effective on January 30,
2002.
FOR FURTHER INFORMATION CONTACT: John Tressler, Office of Chief
Information Officer, U.S. Department of Education, 400 Maryland Avenue,
SW., room 5624 Regional Office Building 3, Washington, DC 20202-4580.
Telephone: (202) 708-8900. 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.
Corrections
The following corrections 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):
On pages 30152 and 30153, beginning with the ``PURPOSE(S)'' section
through the end of the ``ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES OF USERS AND THE PURPOSES OF SUCH USES:''
section on page 30153, first column, the notice is revised to read as
follows:
Purpose(s):
Pursuant to the Inspector General Act, the system is maintained for
the purposes of: (1) Conducting and documenting investigations by the
Office of Inspector General (OIG) or other investigative agencies
regarding Department of Education programs and operations and reporting
the results of investigations to other Federal agencies, other public
authorities or professional organizations which have the authority to
bring criminal prosecutions or civil or administrative actions, or to
impose other disciplinary sanctions; (2) documenting the outcome of OIG
investigations; (3) maintaining a record of the activities that were
the subject of investigations; (4) reporting investigative findings to
other
[[Page 4416]]
Department of Education components for their use in operating and
evaluating their programs or operations, and in the imposition of civil
or administrative sanctions; (5) maintaining a record of complaints and
allegations received relative to Department of Education programs and
operations and documenting the outcome of OIG reviews of such
complaints and allegations; (6) coordinating relationships with other
Federal agencies, State and local governmental agencies, and
nongovernmental entities in matters relating to the statutory
responsibilities of the OIG; and (7) acting as a repository and source
for information necessary to fulfill the reporting requirements of the
Inspector General Act, 5 U.S.C. Appendix 3, 5.
Routine Uses of Records Maintained in the System, Including Categories
of Users and the Purposes of Such Uses:
Information contained in a record in this system of records may be
disclosed 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 requirements of the
Computer Matching and Privacy Protection Act have been met under a
computer matching agreement.
(1) Disclosure for Use by Other Law Enforcement Agencies.
Information from this system of records may be disclosed as a routine
use 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
where that information is relevant to any enforcement, regulatory,
investigative, or prosecutorial responsibility of the receiving entity.
(2) Disclosure to Public and Private Entities to Obtain Information
Relevant to Department of Education Functions and Duties. Information
from this system of records may be disclosed as a routine use to public
or private sources to the extent necessary to obtain information from
those sources relevant to a Department investigation, audit, inspection
or other inquiry.
(3) Disclosure for Use in Employment, Employee Benefit, Security
Clearance, and Contracting Decisions.
(a) For Decisions by the Department. Information from this system
of records may be disclosed as a routine use to a Federal, State,
local, or foreign 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 or retention of a
security clearance, the letting of a contract, or the issuance or
retention of a license, grant, or other benefit.
(b) For Decisions by Other Public Agencies and Professional
Organizations. Information from this system of records may be disclosed
as a routine use 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 or retention of a security clearance, the letting of a
contract, or the issuance or retention of a license, grant or other
benefit.
(4) Disclosure to Public and Private Sources in Connection with the
Higher Education Act of 1965, as Amended (``HEA''). Information from
this system of records may be disclosed as a routine use to any
accrediting agency which is or was recognized by the Secretary of
Education pursuant to the HEA; to any guaranty agency which is or was a
party to an agreement with the Secretary of Education pursuant to the
HEA; or to any agency which is or was charged with licensing or legally
authorizing the operation of any educational institution or school
which was eligible, is currently eligible, or may become eligible to
participate in any program of Federal student assistance authorized by
the HEA.
(5) Litigation Disclosure.
(a) Disclosure to the Department of Justice. If the disclosure of
certain records to the Department of Justice is relevant and necessary
to litigation and is compatible with the purpose for which the records
were collected, those records may be disclosed as a routine use to the
Department of Justice. Such a disclosure may be made in the event that
one of the parties listed below is involved in the litigation, or has
an interest in the litigation:
(i) The Department, or any component of the Department;
(ii) Any employee of the Department in his or her official
capacity;
(iii) Any employee of the Department in his or her individual
capacity where the Department of Justice has agreed to represent the
employee or in connection with a request for such representation; or
(iv) The United States, where the Department determines that the
litigation is likely to affect the Department or any of its components.
(b) Other Litigation Disclosure. If disclosure of certain records
to a court, adjudicative body before which the Department is authorized
to appear, individual or entity designated by the Department or
otherwise empowered to resolve disputes, counsel or other
representative, or potential witness is relevant and necessary to
litigation and is compatible with the purpose for which the records
were collected, those records may be disclosed as a routine use to the
court, adjudicative body, individual or entity, counsel or other
representative, or potential witness. Such a disclosure may be made in
the event that one of the parties listed below is involved in the
litigation, or has an interest in the litigation:
(i) The Department, or any component of the Department;
(ii) Any employee of the Department in his or her official
capacity;
(iii) Any employee of the Department in his or her individual
capacity where the Department has agreed to represent the employee; or
(iv) The United States, where the Department determines that the
litigation is likely to affect the Department or any of its components.
(6) Disclosure to Contractors and Consultants. Information from
this system of records may be disclosed as a routine use to the
employees of any entity or individual with whom or with which the
Department contracts for the purpose of performing any functions or
analyses that facilitate or are relevant to an OIG investigation,
audit, inspection, or other inquiry. 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.
(7) Debarment and Suspension Disclosure. Information from this
system of records may be disclosed as a routine use to another Federal
agency considering suspension or debarment action where the information
is relevant to the suspension or debarment action. Information may also
be disclosed to another agency to gain information in support of the
Department's own debarment and suspension actions.
(8) Disclosure to the Department of Justice. Information from this
system of records may be disclosed as a routine use to the Department
of Justice, to the extent necessary for obtaining its advice on any
matter relevant to Department of Education operations.
(9) Congressional Member Disclosure. Information from this system
of records may be disclosed to a member of Congress from the record of
an individual in response to an inquiry
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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.
(10) Benefit Program Disclosure. Records may be disclosed as a
routine use to any Federal, State, local or foreign agency, or other
public authority, if relevant to the prevention or detection of fraud
and abuse in benefit programs administered by any agency or public
authority.
(11) Overpayment Disclosure. Records may be disclosed as a routine
use to any Federal, State, local or foreign agency, or other public
authority, if relevant to the collection of debts and overpayments owed
to any agency or public authority.
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
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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: January 25, 2002.
Craig B. Luigart,
Chief Information Officer.
[FR Doc. 02-2226 Filed 1-29-02; 8:45 am]
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