32240 Federal Register / Vol. 65, No. 99 / Monday, May 22, 2000 / Proposed Rules

DEPARTMENT OF HOUSING AND

URBAN DEVELOPMENT

24 CFR Part 2003

[Docket No. FR–4575–P–02]

RIN 2508–AA11

Implementation of the Privacy Act of

1974

AGENCY: Office of Inspector General,

HUD.

ACTION: Proposed rule.

SUMMARY: This proposed rule would

amend 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 adding

two new systems of records to the four

systems of records already in existence.

DATES: Comment Due Date: July 21,

2000.

ADDRESSES: Interested persons are

invited to submit comments regarding

this proposed rule to the Rules Docket

Clerk, Office of General Counsel, Room

10278, Department of Housing and

Urban Development, 451 Seventh Street,

SW, Washington, DC 20410.

Communications should refer to the

above docket number and title. A copy

of each communication submitted will

be available for public inspection and

copying between 7:30 a.m. and 5:30

p.m. weekdays at the above address.

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 hearingand 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 proposed rule would amend

these regulations consistent with the

OIG notice, published elsewhere in this

Federal Register, that adds two new

systems of records to the four systems

of records already in existence.

Findings and Certifications

Environmental Review

This proposed 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 proposing to

make a conforming amendment to

existing regulations.

While HUD has determined that this

rule would not have a significant

economic impact on a substantial

number of small entities, HUD

welcomes any comments regarding

alternatives to this rule that would meet

HUD’s objectives, as described in this

preamble, and would be less

burdensome to small entities.

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 (Pub. L. 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 proposed 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 proposed to be 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 § 2003.8, the introductory text of

paragraph (a) is revised to read as

follows:

§ 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 below.

* * * * *

3. In § 2003.9, the introductory text of

paragraph (a) is revised, and paragraph

(b) is revised, to read as follows:

§ 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

Federal Register / Vol. 65, No. 99 / Monday, May 22, 2000 / Proposed Rules 32241

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 below.

* * * * *

(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: April 25, 2000.

Susan Gaffney,

Inspector General.

[FR Doc. 00–12711 Filed 5–19–00; 8:45 am]

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