[Federal Register Volume 67, Number 20 (Wednesday, January 30, 2002)]
[Notices]
[Pages 4415-4417]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-2226]


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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

[[Page 4417]]

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

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Education documents published in the Federal Register, in text or Adobe 
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www.ed.gov/legislation/FedRegister
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free at this site. If you have questions about using PDF, call the U.S. 
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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]
BILLING CODE 4000-01-U