Privacy Act Regulations; Implementation

Part IV

Department of Education

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34 CFR Part 5b

Privacy Act of 1974; Implementation; Final Rule

Proposed Rules

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.

ington, 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

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.

e 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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