62674
Federal Register
/Vol. 62, No. 226/Monday, November 24, 1997/Notices
investigations, inspections, and otherinquiries relating to programs andoperations of ED; to promote economy,efficiency, and effectiveness in theadministration of those programs andoperations; and to prevent and detectfraud and abuse in those programs andoperations.The personal data on individuals willbe maintained only to the extent that theinformation is considered necessary tomeet the purposes of the IG Act. Hotlinecalls not resulting in investigations aredestroyed when five years old inaccordance with the National Archivesand Records Administration’s GeneralRecords Schedules, GRS 22/item 1a. If OIG opens investigations based uponHotline information, the resultinginvestigation files will be part of anotherexisting system of records, theInvestigative Files of the OIG (18–10–0001). Investigative case files aredestroyed 10 years after close-out inaccordance with GRS 22/item 1b.The records will be kept in locked filecabinets and in computer terminals thatare secured in controlled areas. Accessto records is limited to authorizedpersonnel who must use a key toretrieve records in the file cabinets andhave a password to gain access torecords on the computer terminals.
Dated: November 18, 1997.
Thomas R. Bloom,
Inspector General.
The Inspector General of the U.S.Department of Education publishes anotice of a new system of records toread as follows:
18–10–0004
SYSTEM NAME
:
Hotline Complaint Files of theInspector General ED/OIG.
SECURITY CLASSIFICATION
:
None.
SYSTEM LOCATION
:
Office of Inspector General, U.S.Department of Education, 330 C Street,S.W., Room 4116, Switzer Building,Washington, D.C. 20202–1510.
CATEGORIES OF INDIVIDUALS COVERED BY THESYSTEM
:
Categories include individuals whoare sources of information or have madecomplaints to the OIG Hotline,individuals who allegedly haveknowledge regarding wrongdoingaffecting the programs and operations of the Department, and individuals aboutwhom complaints and allegations havebeen made concerning wrongdoinginvolving the programs and operationsof the Department of Education. Theseindividuals may include, but are notlimited to, current and former EDemployees, grantees, subgrantees,contractors, subcontractors, programparticipants, recipients of Federal fundsor federally insured funds, and officers,employees, or agents of institutionalrecipients or program participants.
CATEGORIES OF RECORDS IN THE SYSTEM
:
Records in this system containinformation obtained from complainantswho report allegations of wrongdoingrelating to ED programs and operations.Specific data may include name andaddress (if available) of thecomplainant, the date the complaintwas received, the affected program area,the nature and subject of the complaint,and any additional contacts and specificcomments provided by the complainant.In addition, information on the OIGdisposition of the complaint is includedin the system.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM
:
Inspector General Act of 1978, asamended (IG Act), 5 U.S.C. app. 3.
PURPOSES
:
Pursuant to the Inspector General Act,the system is maintained for thepurposes of maintaining a record of complaints and allegations receivedconcerning Department of Educationprograms and operations andconcerning the disposition of thosecomplaints and allegations.
ROUTINE USES OF RECORDS MAINTAINED IN THESYSTEM
,
INCLUDING CATEGORIES OF USERS ANDTHE PURPOSES OF SUCH USES
:
The Department of Education maydisclose information contained in arecord in this system of records withoutthe consent of the individual if thedisclosure is compatible with thepurpose for which the record wascollected, under the following routineuses:(a)
Disclosure for Use by Other Law Enforcement Agencies.
In the event thatinformation in this system of recordsindicates, either on its face or inconnection with other information, aviolation or potential violation of anyapplicable statute, regulation, or orderof a competent authority, the relevantrecords in the system of records may bereferred, as a routine use, to theappropriate agency, whether foreign,Federal, State, Tribal, or local, chargedwith the responsibility of investigatingor prosecuting such a violation orcharged with enforcing or implementingthe statute, Executive order or rule,regulation, or order issued pursuantthereto.(b)
Litigation Disclosure.
(1) Introduction. In the event that oneof the following parties is involved inlitigation, or has an interest in litigation,ED may disclose certain records to theparties described in paragraphs (2), (3),and (4) of this routine use under theconditions specified in thoseparagraphs:(i) ED, or any component of theDepartment; or(ii) Any ED employee in his or herofficial capacity; or(iii) Any employee of ED in his or herindividual capacity if the Department of Justice has agreed to provide or arrangefor representation for the employee; or(iv) Any employee of ED in his or herindividual capacity if the agency hasagreed to represent the employee; or(v) The United States if ED determinesthat the litigation is likely to affect theDepartment or any of its components.(2) Disclosure to the Department of Justice. If ED determines that disclosureof certain records to the Department of Justice or attorneys engaged by theDepartment of Justice is relevant andnecessary to litigation, ED may disclosethose records as a routine use to theDepartment of Justice.(3) Administrative Disclosures. If EDdetermines that disclosure of certainrecords to an adjudicative body beforewhich ED is authorized to appear or toan individual or an entity designated byED or otherwise empowered to resolvedisputes is relevant and necessary to theadministrative litigation, ED maydisclose those records as a routine useto the adjudicative body, individual, orentity.(4) Opposing Counsels,Representatives, and Witnesses. If EDdetermines that disclosure of certainrecords to an opposing counsel,representative, or witness in anadministrative proceeding is relevantand necessary to the litigation, ED maydisclose those records as a routine useto the counsel, representative, orwitness.(c)
Disclosure to Public and Private Entities to Obtain Information Relevant to ED/OIG Functions and Duties.
ED/ OIG may disclose information from thissystem of records as a routine use topublic or private sources to the extentnecessary to obtain information fromthose sources relevant to an ED/OIGinvestigation, audit, inspection, or otherinquiry.(d)
Disclosure to Public and PrivateSources in Connection with the Higher Education Act of 1965, as amended (HEA).
ED/OIG may discloseinformation from this system of recordsas a routine use to any accreditingagency that is or was recognized by theSecretary of Education pursuant to the
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