[Code of Federal Regulations]

[Title 34, Volume 1]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 34CFR5b.12]



[Page 23]

 

                           TITLE 34--EDUCATION

 

PART 5b_PRIVACY ACT REGULATIONS--Table of Contents

 

Sec.  5b.12  Contractors.



    (a) All contracts entered into on or after September 27, 1975 which 

require a contractor to maintain or on behalf of the Department to 

maintain, a system of records to accomplish a Department function must 

contain a provision requiring the contractor to comply with the Act and 

this part.

    (b) All unexpired contracts entered into prior to September 27, 1975 

which require the contractor to maintain or on behalf of the Department 

to maintain, a system of records to accomplish a Department function 

will be amended as soon as practicable to include a provision requiring 

the contractor to comply with the Act and this part. All such contracts 

must be so amended by July 1, 1976 unless for good cause the appeal 

authority identified in Sec.  5b.8 of this part authorizes the 

continuation of the contract without amendment beyond that date.

    (c) A contractor and any employee of such contractor shall be 

considered employees of the Department only for the purposes of the 

criminal penalties of the Act, 5 U.S.C. 552a(i), and the employee 

standards of conduct listed in appendix A of this part where the 

contract contains a provision requiring the contractor to comply with 

the Act and this part.

    (d) This section does not apply to systems of records maintained by 

a contractor as a result of his management discretion, e.g., the 

contractor's personnel records.