Appendix B to Part 5b - Routine Uses Applicable to More Than One System of Records Maintained by ED
34:1.1.1.1.5.0.1.13.2 : Appendix B
Appendix B to Part 5b - Routine Uses Applicable to More Than One
System of Records Maintained by ED
(1) In the event that a system of records maintained by this
agency to carry out its functions indicates a violation or
potential violation of law, whether civil, criminal or regulatory
in nature, and whether arising by general statute or particular
program statute, or by regulation, rule or order issued pursuant
thereto, the relevant records in the system of records may be
referred, as a routine use, to the appropriate agency, whether
federal, or foreign, charged with the responsibility of
investigating or prosecuting such violation or charged with
enforcing or implementing the statute, or rule, regulation or order
issued pursuant thereto.
(2) Referrals may be made of assignments of research
investigators and project monitors to specific research projects to
the Smithsonian Institution to contribute to the Smithsonian
Science Information Exchange, Inc.
(3) In the event the Department deems it desirable or necessary,
in determining whether particular records are required to be
disclosed under the Freedom of Information Act, disclosure may be
made to the Department of Justice for the purpose of obtaining its
advice.
(4) A record from this system of records may be disclosed as a
“routine use” to a federal, state or local agency maintaining
civil, criminal or other relevant enforcement records or other
pertinent records, such as current licenses, if necessary to obtain
a record relevant to an agency decision concerning the hiring or
retention of an employee, the issuance of a security clearance, the
letting of a contract, or the issuance of a license, grant or other
benefit.
A record from this system of records may be disclosed to a federal
agency, in response to its request, in connection with the hiring
or retention of an employee, the issuance of a security clearance,
the reporting of an investigation of an employee, the letting of a
contract, or the issuance of a license, grant, or other benefit by
the requesting agency, to the extent that the record is relevant
and necessary to the requesting agency's decision on the matter.
(5) In the event that a system of records maintained by this
agency to carry out its function indicates a violation or potential
violation of law, whether civil, criminal or regulatory in nature,
and whether arising by general statute or particular program
statute, or by regulation, rule or order issued pursuant thereto,
the relevant records in the system of records may be referred, as a
routine use, to the appropriate agency, whether state or local
charged with the responsibility of investigating or prosecuting
such violation or charged with enforcing or implementing the
statute, or rule, regulation or order issued pursuant thereto.
(6) Where federal agencies having the power to subpoena other
federal agencies' records, such as the Internal Revenue Service or
the Civil Rights Commission, issue a subpoena to the Department for
records in this system of records, the Department will make such
records available.
(7) Where a contract between a component of the Department and a
labor organization recognized under E.O. 11491 provides that the
agency will disclose personal records relevant to the
organization's mission, records in this system of records may be
disclosed to such organization.
(8) Where the appropriate official of the Department, pursuant
to the Department's Freedom of Information Regulation determines
that it is in the public interest to disclose a record which is
otherwise exempt from mandatory disclosure, disclosure may be made
from this system of records.
(9) The Department contemplates that it will contract with a
private firm for the purpose of collating, analyzing, aggregating
or otherwise refining records in this system. Relevant records will
be disclosed to such a contractor. The contractor shall be required
to maintain Privacy Act safeguards with respect to such
records.
(10) To individuals and organizations, deemed qualified by the
Secretary to carry out specific research solely for the purpose of
carrying out such research.
(11) Disclosures in the course of employee discipline or
competence determination proceedings.
[45 FR 30808, May 9, 1980; 45 FR 37426, June 3, 1980]