[Federal Register Volume 65, Number 162 (Monday, August 21, 2000)]
[Rules and Regulations]
[Pages 50904-50905]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-21218]



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Part VIII





Department of Housing and Urban Development





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24 CFR Part 2003



Implementation of the Privacy Act of 1974; Final Rule

  Federal Register / Vol. 65, No. 162 / Monday, August 21, 2000 / Rules 
and Regulations  

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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

24 CFR Part 2003

[Docket No. FR-4575-F-03]
RIN 2508-AA11


Implementation of the Privacy Act of 1974

AGENCY: Office of Inspector General, HUD.

ACTION: Final rule.

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SUMMARY: This final rule amends the regulations of the Office of 
Inspector General (OIG) that implement the Privacy Act of 1974 to 
conform these regulations to the OIG's notice, published on May 22, 
2000, that added two new systems of records to the four systems of 
records already in existence. This final rule follows publication of a 
proposed rule and the May 22, 2000 notice, both of which solicited 
public comments. No public comments were received on either the rule or 
notice.

DATES: Effective Date: September 20, 2000.

FOR FURTHER INFORMATION CONTACT: Bryan Saddler, Acting Counsel to the 
Inspector General, Room 8260, Department of Housing and Urban 
Development, 451 Seventh Street, SW., Washington, DC 20410, (202) 708-
1613. (This is not a toll free number.) A telecommunications device for 
hearing-and speech-impaired persons (TTY) is available at 1-800-877-
8339 (Federal Information Relay Services). (This is a toll-free 
number.)

SUPPLEMENTARY INFORMATION:

Background

    The Inspector General Act of 1978 (5 U.S.C. App. 3) was enacted to 
create independent and objective units to perform various investigative 
and monitoring functions in several Executive Agencies of the Federal 
Government, including the Department of Housing and Urban Development 
(HUD). This Act confers broad authority upon the Inspector General to 
conduct independent investigations, audits, and other activities. 
Consistent with its statutory independence, the OIG of HUD adopted 
separate regulations at 24 CFR Chapter XII. Chapter XII is applicable 
to such OIG matters as availability of information to the public (part 
2002) and production of information in response to subpoenas or demands 
of courts or other authorities (part 2004). See 57 FR 2225, January 21, 
1992.
    In June 1992, the Inspector General of HUD also adopted part 2003 
of Chapter XII, for the purpose of implementing the requirements of the 
Privacy Act of 1974 (5 U.S.C. 552a) with respect to OIG records. Part 
2003 generally incorporated the Department's existing Privacy Act 
regulations (24 CFR part 16), but also contained a series of general 
and specific exemptions for three of OIG's four existing systems of 
records.
    This final rule amends these regulations consistent with the OIG 
notice, published in the Federal Register on May 22, 2000 (65 FR 
33242), that added two new systems of records to the four systems of 
records already in existence. This final rule follows publication of a 
May 22, 2000 proposed rule and the May 22, 2000 notice, both of which 
solicited public comments. No public comments were received either on 
the proposed rule or the notice. This final rule makes no changes to 
the proposed rule.
    The notice took effect on June 21, 2000.

Findings and Certifications

Environmental Review

    This rule does not direct, provide for assistance or loan and 
mortgage insurance for, or otherwise govern or regulate real property 
acquisition, disposition, leasing, rehabilitation, alteration, 
demolition, or new construction, or establish , revise, or provide for 
standards for construction or construction materials, manufactured 
housing or occupancy. Accordingly, under 24 CFR 50.19(c)(1), this 
issuance is categorically excluded from environmental review under the 
National Environmental Policy Act of 1969, as amended (42 U.S.C. 4321).

Regulatory Flexibility Act

    This rule would not create a significant economic impact on a 
substantial number of small entities. This rule is limited to making 
conforming amendments to existing regulations.

Executive Order 13132, Federalism

    This rule does not have Federalism implications and does not impose 
substantial direct compliance costs on State and local governments or 
preempt State law within the meaning of Executive Order 13132.

Unfunded Mandates Reform Act

    Title II of the Unfunded Mandates Reform Act of 1995 (Public Law 
104-4, 109 Stat. 48, 64, codified at 2 U.S.C. 1531-1538) (UMRA) 
requires Federal agencies to assess the effects of their regulatory 
actions on State, local, and tribal governments and on the private 
sector. This rule does not impose, within the meaning of the UMRA, any 
Federal mandates on any State, local, or, tribal governments or on the 
private sector.

List of Subjects in 24 CFR Part 2003

    Privacy.

    Accordingly, 24 CFR chapter XII, part 2003, is amended to read as 
follows:

PART 2003--IMPLEMENTATION OF THE PRIVACY ACT OF 1974

    1. The authority citation for part 2003 is revised to read as 
follows:

    Authority: 5 U.S.C. 552a; 5 U.S.C. App. 3 (Inspector General Act 
of 1978); 42 U.S.C. 3535(d).

    2. In Sec. 2003.8, the introductory text of paragraph (a) is 
revised to read as follows:


Sec. 2003.8  General Exemptions.

    (a) The systems of records entitled ``Investigative Files of the 
Office of Inspector General,'' ``Hotline Complaint Files of the Office 
of Inspector General,'' ``Name Indices System of the Office of 
Inspector General,'' and ``AutoInvestigation of the Office of Inspector 
General'' consist, in part, of information compiled by the OIG for the 
purpose of criminal law enforcement investigations. Therefore, to the 
extent that information in these systems falls within the scope of 
exemption (j)(2) of the Privacy Act, 5 U.S.C. 552a(j)(2), these systems 
of records are exempt from the requirements of the following 
subsections of the Privacy Act, for the reasons stated in paragraphs 
(a)(1) through (6) of this section.
* * * * *

    3. In Sec. 2003.9, the introductory text of paragraph (a) is 
revised, and paragraph (b) is revised, to read as follows:


Sec. 2003.9  Specific Exemptions.

    (a) The systems of records entitled ``Investigative Files of the 
Office of Inspector General,'' ``Hotline Complaint Files of the Office 
of Inspector General,'' ``Name Indices System of the Office of 
Inspector General,'' and ``AutoInvestigation of the Office of Inspector 
General'' consist, in part, of investigatory material compiled by the 
OIG for law enforcement purposes. Therefore, to the extent that 
information in these systems falls within the coverage of exemption 
(k)(2) of the Privacy Act, 5 U.S.C. 552a(k)(2), these systems of 
records are exempt from the requirements of the following subsections 
of the Privacy Act, for the reasons stated in paragraphs (a) (1) 
through (4) of this section.
* * * * *

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    (b) The systems of records entitled ``Investigative Files of the 
Office of Inspector General,'' ``Hotline Complaint Files of the Office 
of Inspector General,'' ``Name Indices System of the Office of 
Inspector General,'' and ``Autoinvestigation of the Office of Inspector 
General'' consist in part of investigatory material compiled by the OIG 
for the purpose of determining suitability, eligibility, or 
qualifications for Federal civilian employment or Federal contracts, 
the release of which would reveal the identity of a source who 
furnished information to the Government under an express promise that 
the identity of the source would be held in confidence. Therefore, to 
the extent that information in these systems fall within the coverage 
of exemption (k)(5) of the Privacy Act, 5 U.S.C. 552a(k)(5), these 
systems of records are exempt from the requirements of subsection 
(d)(1), because release would reveal the identity of a source who 
furnished information to the Government under an express promise of 
confidentiality. Revealing the identity of a confidential source could 
impede future cooperation by sources, and could result in harassment or 
harm to such sources.

    Dated: August 7, 2000.
Susan Gaffney,
Inspector General.
[FR Doc. 00-21218 Filed 8-18-00; 8:45 am]
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