95-1476. Privacy Act; Implementation

[Federal Register Volume 60, Number 13 (Friday, January 20, 1995)]
[Rules and Regulations]
[Pages 4072-4073]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-1476]



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FEDERAL ELECTION COMMISSION

11 CFR Part 1

[Notice 1995-4]


Privacy Act; Implementation

AGENCY: Federal Election Commission.

ACTION: Final rule.

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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)'', consisting of the 
investigatory files of the Commission's Office of the Inspector General 
(``OIG''). The Commission is exempting this new system of records from 
certain provisions of the Privacy Act of 1974 (``Act'').

EFFECTIVE DATE: February 21, 1995.

FOR FURTHER INFORMATION CONTACT:
Ms. Susan E. Propper, Assistant General Counsel, 999 E Street NW., 
Washington, DC 20463, [phone] or [phone].

SUPPLEMENTARY INFORMATION: Elsewhere in today's Federal Register, the 
Commission is publishing a Notice of Effective Date of the Notice of 
New and/or Revised Systems of Records under the Privacy Act, 5 U.S.C. 
552a, as amended (published at 59 FR 53977, October 27, 1994). That 
Notice established a new system of records, FEC 12, ``Office of 
Inspector General Investigative Files.''
    On October 27, 1994, the Commission published a Notice of Proposed 
Rulemaking seeking comments on a proposal to exempt this new system of 
records from certain provisions of the Act. 59 FR 53946. No comments 
were received in response to this Notice.

Statement of Basis and Purpose

    Section 1.14. Specific exemptions. 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 new system of records.
    Accordingly, the Commission is exempting 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 
``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.
    FEC 12 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 Pub. L. 100-504, 
amending Pub. L. 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 exempting 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 (f) (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). New paragraph (b) notes these specific 
exceptions and exemptions. [[Page 4073]] 

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

    The Commission certifies that this rule will not 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, chapter I of title 11 of 
the Code of Federal Regulations is amended to read as follows:

PART 1--PRIVACY ACT

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

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

    2. Section 1.14 is 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 (f) , 
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: January 17, 1995.
Danny Lee McDonald,
Chairman.
[FR Doc. 95-1476 Filed 1-19-95; 8:45 am]
BILLING CODE 6715-01-M