[Federal Register Volume 59, Number 207 (Thursday, October 27, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-26614]


[[Page Unknown]]

[Federal Register: October 27, 1994]


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FEDERAL ELECTION COMMISSION

11 CFR Part 1

[Notice 1994-15]

 

Privacy Act; Implementation

AGENCY: Federal Election Commission.

ACTION: Proposed rule with request for comments.

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SUMMARY: The Federal Election Commission (``Commission'' or ``FEC'') is 
establishing a new system of records under the Privacy Act of 1974, 
``Inspector General Investigative Files (FEC 12)'', to consist of the 
investigatory files of the Commission's Office of the Inspector General 
(``OIG''). The Commission proposes to exempt this new system of records 
from certain provisions of the Privacy Act of 1974 (``Act'').

DATES: Comments must be received on or before November 28, 1994.

ADDRESSES: Comments must be in writing and addressed to: Ms. Susan E. 
Propper, Assistant General Counsel, 999 E Street, NW., Washington, DC 
20463.

FOR FURTHER INFORMATION CONTACT:
Ms. Susan E. Propper, Assistant General Counsel, 999 E Street, NW., 
Washington, DC 20463, (202) 219-3690 or (800) 424-9530.

SUPPLEMENTARY INFORMATION: Elsewhere in today's Federal Register, the 
Commission is publishing a notice to establish a proposed system notice 
to establish a new system of records, FEC 12, ``Office of Inspector 
General Investigative Files,'' under the Privacy Act, 5 U.S.C. 552a, as 
amended. The following proposed amendment of the Commission's Privacy 
Act regulations at 11 CFR 1.14 is necessary to exempt the new system of 
records from certain provisions of that Act.
    The Privacy Act and the implementing regulations require, among 
other things, that the Commission provide notice when collecting 
information, account for certain disclosures, permit individuals access 
to their records, and allow them to request that the records be 
amended. These provisions could interfere with the conduct of OIG 
investigations if applied to the OIG's maintenance of the proposed 
system of records.
    Accordingly, the Commission proposes to exempt FEC 12 from these 
requirements under sections (j)(2) and (k)(2) of the Act. Section 
(j)(2), 5 U.S.C. 552a(j)(2), exempts a system of records maintained by 
``the agency or component thereof which performs as its principal 
function any activity pertaining to enforcement of criminal laws * * 
*.'' Section (k)(2), 5 U.S.C. 552a(k)(2), exempts a system of records 
consisting of ``investigatory materials compiled for law enforcement 
purposes,'' where such materials are not within the scope of the (j)(2) 
exemption pertaining to criminal law enforcement.
    The proposed system of records consists of information covered by 
the (j)(2) and (k)(2) exemptions. the OIG investigatory files are 
maintained pursuant to official investigational and law enforcement 
functions of the Commission's Office of Inspector General under 
authority of the 1988 amendments to the Inspector General Act of 1978. 
See Public Law 100-504, amending Public Law 95-452, 5 U.S.C. app. The 
OIG is an office within the Commission that performs as one of its 
principal functions activities relating to the enforcement of criminal 
laws. In addition, the OIG is responsible for investigating a wide 
range of non-criminal law enforcement matters, including civil, 
administrative, or regulatory violations and similar wrongdoing. Access 
by subject individuals and others to this system of records could 
substantially compromise the effectiveness of OIG investigations, and 
thus impede the apprehension and successful prosecution or discipline 
of persons engaged in fraud or other illegal activity.
    For these reasons, the Commission is proposing to exempt proposed 
FEC 12 under exemptions (j)(2) and (k)(2) of the Privacy Act, by adding 
a new paragraph (b) to 11 CFR 1.14, the section in which the Commission 
specifies its systems of records that are exempt under the Act. Where 
applicable, section (j)(2) may be invoked to exempt a system of records 
from any Privacy Act provision except: 5 U.S.C. 552a(b) (conditions of 
disclosure); (c) (1) and (2) (accounting of disclosures and retention 
of accounting, respectively); (e)(4) (A) through (F) (system notice 
requirements); (e) (6), (7), (8), (10) and (11) (certain agency 
requirements relating to system maintenance); and (i) (criminal 
penalties). Section (k)(2) may be invoked to exempt a system of records 
from: 5 U.S.C. 552a(c)(3) (making accounting of disclosures available 
to the subject individual); (d) (access to records); (e)(1) 
(maintaining only relevant and necessary information; (e)(4) (G), (H), 
and (I) (notice of certain procedures), and (f) (promulgation of 
certain Privacy Act rules). The proposed language notes these specific 
exceptions and exemptions.
    The Commission welcomes comments on any aspect of this proposed 
rule.

Certification of No Effect Pursuant to 5 U.S.C. 605(b) (Regulatory 
Flexibility Act)

    The Commission certifies that the proposed rules will not, if 
adopted, have a significant impact on a substantial number of small 
entities. The basis for this certification is that the Privacy Act 
applies only to ``individuals,'' and individuals are not ``small 
entities'' within the meaning of the Regulatory Flexibility Act.

List of Subjects in 11 CFR Part 1

    Privacy.

    For the reasons set out in the preamble, it is proposed to amend 
chapter I of title 11 of the Code of Federal Regulations as follows:

PART 1--PRIVACY ACT

    1. The authority citation for part 1 would continue to read as 
follows:

    Authority: 5 U.S.C. 552a.

    2. Section 1.14 would be amended by redesignating paragraph (b) as 
paragraph (c), and by adding new paragraph (b) to read as follows:


Sec. 1.14  Specific exemptions.

* * * * *
    (b)(1) Pursuant to 5 U.S.C. 552a(j)(2), records contained in FEC 
12, Office of Inspector General Investigative Files, are exempt from 
the provisions of 5 U.S.C. 552a, except subsections (b), (c) (1) and 
(2), (e)(4) (A) through (F), (e) (6), (7), (9), (10), and (11), and 
(i), and the corresponding provisions of 11 CFR part 1, to the extent 
this system of records relates in any way to the enforcement of 
criminal laws.
    (2) Pursuant to 5 U.S.C. 552a(k)(2), FEC 12, Office of Inspector 
General Investigative Files, is exempt from 552a (c)(3), (d), (e)(1), 
(e)(4) (G), (H), and (I), and (f), and the corresponding provisions of 
11 CFR part 1, to the extent the system of records consists of 
investigatory material compiled for law enforcement purposes, except 
for material that falls within the exemption included in paragraph 
(b)(1) of this section.
* * * * *
    Dated: October 24, 1994.
Trevor Potter,
Chairman.
[FR Doc. 94-26614 Filed 10-26-94; 8:45 am]
BILLING CODE 6715-01-M