Office of Inspector General; Privacy Act of 1974; Systems of Records, 58448-58451 [05-20038]
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58448
Federal Register / Vol. 70, No. 193 / Thursday, October 6, 2005 / Notices
study involving a potential new patient
population for an ICD with an approved
functional indication.
II. Significance of Guidance
This draft guidance is being issued
consistent with FDA’s good guidance
practices regulation (21 CFR 10.115).
The draft guidance, when finalized will
represent the agency’s current thinking
on functional indications for ICDs. It
does not create or confer any rights for
or on any person and does not operate
to bind FDA or the public. An
alternative approach may be used if
such approach satisfies the
requirements of the applicable statute
and regulations.
III. Electronic Access
To receive ‘‘Functional Indications for
Implantable Cardioverter Defibrillators ‘‘
by fax, call the CDRH Facts-On-Demand
system at 800–899–0381 or 301–827–
0111 from a touch-tone telephone. Press
1 to enter the system. At the second
voice prompt, press 1 to order a
document. Enter the document number
1304 followed by the pound sign (#).
Follow the remaining voice prompts to
complete your request.
Persons interested in obtaining a copy
of the draft guidance may also do so by
using the Internet. CDRH maintains an
entry on the Internet for easy access to
information including text, graphics,
and files that may be downloaded to a
personal computer with Internet access.
Updated on a regular basis, the CDRH
home page includes device safety alerts,
Federal Register reprints, information
on premarket submissions (including
lists of approved applications and
manufacturers’ addresses), small
manufacturer’s assistance, information
on video conferencing and electronic
submissions, Mammography Matters,
and other device-oriented information.
The CDRH Web site may be accessed at
https://www.fda.gov/cdrh. A search
capability for all CDRH guidance
documents is available at https://
www.fda.gov/cdrh/guidance.html.
Guidance documents are also available
on the Division of Dockets Management
Internet site at https://www.fda.gov/
ohrms/dockets.
IV. Paperwork Reduction Act of 1995
This draft guidance contains
information collection provisions that
are subject to review by the Office of
Management and Budget (OMB) under
the Paperwork Reduction Act of 1995
(the PRA) (44 U.S.C. 3501–3520). The
collections of information addressed in
the draft guidance document have been
approved by OMB in accordance with
the PRA under the regulations
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governing IDEs (21 CFR part 812, OMB
control number 0910–0078) and PMAs
(21 CFR part 814, OMB control number
0910–0231). The labeling provisions
addressed in the guidance have been
approved by OMB under OMB control
number 0910–0485.
V. Comments
Interested persons may submit to the
Division of Dockets Management (see
ADDRESSES), written or electronic
comments regarding this document on
or before January 4, 2006. Submit a
single copy of electronic comments or
two paper copies of any mailed
comments, except that individuals may
submit one copy. Comments are to be
identified with the docket number
found in brackets in the heading of this
document. Received comments may be
seen in the Division of Dockets
Management between 9 a.m. and 4 p.m.,
Monday through Friday.
Dated: September 29, 2005.
Jeffrey Shuren,
Assistant Commissioner for Policy.
[FR Doc. 05–20092 Filed 10–5–05; 8:45 am]
BILLING CODE 4160–01–S
DEPARTMENT OF HOMELAND
SECURITY
[DHS–2005–0066]
Office of Inspector General; Privacy
Act of 1974; Systems of Records
Office of Investigations, Office
of Inspector General, Department of
Homeland Security.
ACTION: Notice of revised Privacy Act
systems of records.
AGENCY:
SUMMARY: In accordance with the
Privacy Act of 1974, the Department of
Homeland Security Office of Inspector
General is giving notice of a revised and
updated system of records titled,
‘‘Investigations Data Management
System (IDMS).’’
DATES: Comments must be received on
or before November 7, 2005.
ADDRESSES: You may submit comments,
identified by Docket Number DHS–
2005–0066, by one of the following
methods:
EPA Federal Partner EDOCKET Web
site: https://www.epa.gov/feddocket.
Follow instructions for submitting
comments on the Web site. DHS has
joined the Environmental Protection
Agency (EPA) online public docket and
comment system on its Partner
Electronic Docket System (Partner
EDOCKET).
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Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
Fax: (202) 254–4285 (This is not a
toll-free number).
Mail: Richard N. Reback, DHS, Office
of Inspector General/STOP 2600, 245
Murray Drive, SW., Building 410,
Washington, DC 20528.
Hand Delivery/Courier: Richard N.
Reback, DHS, Office of Inspector
General/STOP 2600, 245 Murray Drive,
SW., Building 410, Washington, DC
20528.
Instructions: All submissions received
must include the agency name and
docket number for this notice. All
comments received will be posted
without change to https://www.epa.gov/
feddocket, including any personal
information provided.
Docket: For access to the docket to
read background documents or
comments received, go to https://
www.epa.gov/feddocket. You may also
access the Federal eRulemaking Portal
at https://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT:
Richard N. Reback, Department of
Homeland Security, Office of Inspector
General/STOP 2600, 245 Murray Drive,
SW., Building 410, Washington, DC
20528 by telephone (202) 254–4100 or
facsimile (202) 254–4285; Nuala
O’Connor Kelly, Chief Privacy Officer,
Department of Homeland Security, 601
S. 12th Street, Arlington, VA 22202–
4202 by telephone (571) 227–3813 or
facsimile (571) 227–4171.
SUPPLEMENTARY INFORMATION:
The Privacy Act embodies fair
information principles in a statutory
framework governing the means by
which the United States Government
collects, maintains, uses and
disseminates personally identifiable
information. The Privacy Act applies to
information that is maintained in a
‘‘system of records.’’ A ‘‘system of
records’’ is a group of any records under
the control of an agency from which
information is retrieved by the name of
the individual or by some identifying
number, symbol, or other identifying
particular assigned to the individual.
The Privacy Act requires each agency to
publish in the Federal Register a
description denoting the type and
character of each system of records that
the agency maintains, and the routine
uses that are contained in each system
in order to make agency record keeping
practices transparent, to notify
individuals regarding the uses to which
personally identifiable information is
put, and to assist the individual in
finding such files within the agency.
The Department of Homeland
Security (DHS), Office of Inspector
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Federal Register / Vol. 70, No. 193 / Thursday, October 6, 2005 / Notices
General (OIG) is updating and
republishing a Privacy Act system of
records within OIG Headquarters for its
investigative files. Pursuant to the
savings clause in the Homeland Security
Act of 2002, Public Law 107–296, sec.
1512, 116 Stat. 2310 (Nov. 25, 2002) (6
U.S.C. 552), DHS components and
offices could continue to rely on
completed administrative actions after
creation of the Department until those
actions were amended, modified,
superseded, terminated, set aside, or
revoked. Two system notices previously
supported the collection of investigation
information by the DHS OIG, FEMA/IG–
1 (General Investigative Files) and
Treasury/DO .190 (Investigation Data
Management System). The DHS OIG is
now updating and republishing under
its own nomenclature a system notice
the Investigations Data Management
System to cover the same records
previously covered by these legacy
system notices.
The DHS Inspector General is
responsible for conducting and
supervising audits, investigations, and
inspections relating to the programs and
operations of the Department. The OIG
examines, evaluates and, where
necessary, critiques these operations
and activities, recommending ways for
the Department to carry out its
responsibilities in the most effective,
efficient, and economical manner
possible.
The Investigations Data Management
System (IDMS) allows the OIG to
receive and process allegations of
violations of criminal, civil, or
administrative laws and regulations
relating to DHS employees, contractors
and other individuals and entities
associated with the DHS. IDMS also
allows the OIG to manage information
provided during the course of such
investigations and, in the process, to
facilitate its management of
investigations. Through the IDMS, the
OIG can create a record showing the
disposition of allegations; track actions
taken by DHS management regarding
misconduct; track legal actions taken
after referrals to the United States
Department of Justice for prosecution;
provide a system for creating reporting
statistical information; and track OIG
investigators’ firearms qualification
records and government property
records.
This system notice makes several
changes to the existing record systems
on which DHS had been relying. It
changes the address of the system
location, revises the routine uses to
conform them more closely to the needs
and requirements of DHS, and more
fully describes the categories of
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individuals and of records that are
maintained in IDMS.
In accordance with 5 U.S.C. 552a(r), a
report of this revised system of records
has been provided to the Office of
Management and Budget (OMB) and to
the Congress.
DHS–OIG–002
SYSTEM NAME:
Department of Homeland Security
(DHS) Office of Inspector General (OIG)
Investigations Data Management System
(IDMS).
SECURITY CLASSIFICATION:
Classified, sensitive.
SYSTEM LOCATION:
This system of records is located in
the OIG Office of Investigations in
Washington, DC and in OIG field offices
nationwide.
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
Individuals filing complaints of
criminal, civil, or administrative
violations, including, but not limited to,
fraud, waste, or mismanagement;
individuals alleged to have been
involved in such violations; individuals
identified as having been adversely
affected by matters investigated by the
OIG; individuals who have been
identified as possibly relevant to, or
who are contacted as part of an OIG
investigation, including: (A) Current
and former employees of DHS; United
States Department of the Treasury,
United States Department of Justice, and
Federal Emergency Management
Administration legacy employees; and
persons whose association with current
and former employees relate to alleged
violations which affect the integrity or
facilities of the DHS; and, (B) witnesses,
complainants, confidential or nonconfidential informants, suspects,
defendants, or parties who have been
identified by the DHS OIG, other DHS
units, other agencies, or members of the
general public in connection with
authorized OIG functions; and DHS OIG
Office of Investigations employees who
are required to qualify with firearms and
receive government property.
CATEGORIES OF RECORDS IN THE SYSTEM:
Records include: (A) letters,
memoranda, and other documents citing
complaints of alleged criminal or
administrative misconduct; (B)
investigative files, which include: (1)
Reports of investigation resulting from
allegations of misconduct or violations
of law with related exhibits, statements,
affidavits, records or other pertinent
documents (including those obtained
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58449
from other sources, such as Federal,
State, local, or foreign investigative or
law enforcement agencies and other
government agencies) obtained during
investigations; (2) transcripts and
documentation concerning requests and
approval for consensual (telephone and
non-telephone) monitoring; (3) reports
from or to other law enforcement
bodies; (4) prior criminal or noncriminal records of individuals as they
relate to investigations; (5) subpoenas
issued pursuant to OIG investigations
and legal opinions, advice, and other
legal documents provided by agency
counsel; (6) reports of actions taken by
management personnel regarding
misconduct allegations and reports of
legal actions, including actions resulting
from violations of statutes referred to
the United States Department of Justice
for prosecution; (7) records involving
the disposition of investigations and
resulting agency actions (e.g., criminal
prosecutions, civil proceedings,
administrative action); and (8) other
documentation and materials created
during the course of or arising out of
OIG investigations; and (C) property
records and Firearms and Training
qualification records for all OIG Office
of Investigations employees;
Records contain the name and/or
other personal identifying information
for OIG Office of Investigations
employees; names and other personal
identifying information for individuals
who are investigated or involved as
complainants, witnesses, informants, or
otherwise in OIG investigations; and
details relating to investigations and
complaints, such as the date of the
complaint; case number(s); name of the
complainant; matters alleged; referral
documents; research materials; and
other documentation.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
5 U.S.C.A. App. 3; 5 U.S.C. 301; 6
U.S.C. 101, 113(b), 555.
PURPOSE(S):
The records and information collected
and maintained in this system are used
to receive and process allegations of
violations of criminal, civil, and
administrative laws and regulations
relating to DHS programs, operations,
and employees, as well as contractors
and other individuals and entities
associated with the DHS; monitor case
assignments, disposition, status, and
results; manage investigations and
information provided during the course
of such investigations; track actions
taken by management regarding
misconduct and other allegations; track
legal actions taken following referrals to
the United States Department of Justice
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Federal Register / Vol. 70, No. 193 / Thursday, October 6, 2005 / Notices
for prosecution or litigation; provide
information relating to any adverse
action or other proceeding that may
occur as a result of the findings of an
investigation; retrieve investigation
results performed on individuals
covered in this system; provide a system
for creating and reporting statistical
information; and to provide a system to
track OIG investigator’s firearms
qualification records and property
records.
ROUTINE USES OF THESE RECORDS:
In addition to those disclosures
generally permitted under 5 U.S.C. 552a
(b) of the Privacy Act, all or a portion
of the records or information contained
in this system may be disclosed outside
DHS as a routine use pursuant to 5
U.S.C. 552a(b)(3) as follows:
(A) To an appropriate Federal, State,
territorial, tribal, local, or foreign law
enforcement agency, licensing entity, or
other appropriate authority charged
with investigating, enforcing,
prosecuting, or implementing a law
(criminal, civil, administrative, or
regulatory), where DHS becomes aware
of an indication of a violation or
potential violation of such law or where
required in response to a compulsory
legal process.
(B) To Federal intelligence
community agencies and other Federal
agencies to further the mission of those
agencies relating to persons who may
pose a risk to homeland security.
(C) To international governmental
authorities in accordance with law and
formal or informal international
agreement.
(D) To a court, magistrate, or
administrative tribunal in the course of
presenting evidence, including
disclosures to opposing counsel or
witnesses in the course of civil or
criminal discovery or proceedings,
litigation, and settlement negotiations.
(E) To Federal, State, local, or foreign
government entities or professional
licensing authorities responsible for
investigating or prosecuting the
violations of, or for enforcing or
implementing, a statute, rule,
regulation, order, or license, or where
DHS OIG becomes aware of an
indication of a violation or potential
violation of civil or criminal law or
regulation or where DHS has received a
request for information that is relevant
or necessary to the requesting entity’s
hiring or retention of an employee, or
the issuance of a security clearance,
license, contract, grant, or other benefit.
(F) To contractors, grantees, experts,
consultants, students, and others
performing or working on a contract,
service, grant, cooperative agreement, or
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other assignment for the Federal
Government, when necessary to
accomplish an agency function related
to this system of records.
(G) To the United States Department
of Justice or other Federal agency
conducting litigation or in proceedings
before any court, adjudicative or
administrative body, when: (a) DHS; (b)
any employee of DHS in his/her official
capacity; (c) any employee of DHS in
his/her individual capacity where the
Department of Justice or DHS has agreed
to represent the employee; or, (d) the
United States or any agency thereof, is
a party to the litigation or has an interest
in such litigation.
(H) To third parties during the course
of an investigation to the extent
necessary to obtain information
pertinent to the investigation.
(I) To a congressional office from the
record of an individual in response to
an inquiry from that congressional office
made at the request of the individual to
whom the record pertains.
(J) To the National Archives and
Records Administration or other Federal
Government agencies pursuant to
records management inspections being
conducted under the authority of 44
U.S.C. 2904 and 2906.
(K) To appropriate persons engaged in
conducting and reviewing internal and
external peer reviews of the OIG to
ensure adequate internal safeguards and
management procedures exist or to
ensure that auditing standards
applicable to Government audits are
applied and followed.
(L) To the President’s Council on
Integrity and Efficiency (PCIE) and other
Federal agencies, as necessary, if the
records respond to an audit,
investigation or review which is
conducted pursuant to an authorizing
law, rule or regulation, and in particular
those conducted at the request of the
PCIE pursuant to Executive Order No.
12993.
DISCLOSURE TO CONSUMER REPORTING
AGENCIES:
None.
POLICIES AND PRACTICES FOR STORING,
RETRIEVING, ACCESSING, RETAINING, AND
DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
special agent name and/or employee
identifying number. Electronic media
are retrieved by the name or identifying
number for a complainant, subject,
victim, or witness; by case number; by
special agent name or other personal
identifier; or by regional office
designation.
SAFEGUARDS:
Information in this system is
safeguarded in accordance with
applicable laws, rules and policies,
including the DHS Information
Technology Security Program
Handbook. All records are protected
from unauthorized access through
appropriate administrative, physical,
and technical safeguards. These
safeguards include restricting access to
authorized personnel who have a needto-know and using locks and password
protection identification features. IDMS
file areas are locked at all times, and
facilities are protected from the outside
by security personnel.
RETENTION AND DISPOSAL:
Investigative files are stored at OIG’s
Office of Investigations in Washington,
DC, and in OIG field offices. OIG is in
the process of developing a records
retention schedule in conjunction with
the National Archives and Records
Administration (NARA).
SYSTEM MANAGER(S) AND ADDRESSES:
The System Manager is the Assistant
Inspector General for Investigations,
OIG Office of Investigations/STOP 2600,
245 Murray Drive, SW., Building 410,
Washington, DC 20528.
NOTIFICATION PROCEDURES:
To determine whether this system
contains records relating to you, write to
the System Manager identified above.
RECORD ACCESS PROCEDURES:
Same as ‘‘Notification Procedures’’
above. Provide your full name and a
description of information that you
seek, including the time frame during
which the record(s) may have been
generated. Individuals requesting access
must comply with the Department of
Homeland Security’s Privacy Act
regulations on verification of identity (6
CFR 5.21(d)).
Records in this system are stored on
paper media and in digital or other
electronic form in a secure Local Area
Network (LAN) server and/or Wide Area
Network (WAN) environment.
CONTESTING RECORD PROCEDURES:
RETRIEVABILITY:
The information in this system of
records is obtained from sources
including, but not limited to, the
individual record subjects; DHS officials
Paper media are retrieved
alphabetically by name of subject or
complainant, by case number, and/or by
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See ‘‘Notification procedures’’ and
‘‘Record access procedures’’ stated
above.
RECORD SOURCE CATEGORIES:
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Federal Register / Vol. 70, No. 193 / Thursday, October 6, 2005 / Notices
and employees; employees of Federal,
State, local, and foreign agencies; and
other persons and entities.
EXEMPTIONS CLAIMED FOR THE SYSTEM:
Pursuant to 5 U.S.C. 552a(j)(2) this
system is exempt from the following
provisions of the Privacy Act: 5 U.S.C.
552a (c)(3) and (4); (d); (e)(1), (e)(2),
(e)(3), (e)(4)(G), (e)(4)(H), (e)(5) and
(e)(8); (f)(2) through (5); and (g).
Pursuant to 5 U.S.C. 552a (k)(1), (k)(2)
and (k)(5), this system is exempt from
the following provisions of the Privacy
Act, subject to the limitations set forth
in those subsections: 5 U.S.C. 552a
(c)(3), (d), (e)(1), (e)(4)(G), (e)(4)(H), and
(f).
Dated: September 26, 2005.
Nuala O’Connor Kelly,
Chief Privacy Officer, Department of
Homeland Security.
[FR Doc. 05–20038 Filed 10–5–05; 8:45 am]
BILLING CODE 4410–10–P
DEPARTMENT OF HOMELAND
SECURITY
Bureau of Customs and Border
Protection
Proposed Collection; Comment
Request Application for Extension of
Bond for Temporary Importation
Customs and Border Protection
(CBP), Department of Homeland
Security.
ACTION: Notice and request for
comments.
AGENCY:
SUMMARY: As part of its continuing effort
to reduce paperwork and respondent
burden, CBP invites the general public
and other Federal agencies to comment
on an information collection
requirement concerning the Application
for Extension of Bond for Temporary
Importation. This request for comment
is being made pursuant to the
Paperwork Reduction Act of 1995 (Pub.
L. 104–13; 44 U.S.C. 3505(c)(2)).
DATES: Written comments should be
received on or before December 5, 2005,
to be assured of consideration.
ADDRESSES: Direct all written comments
to the Bureau of Customs and Border
Protection, Information Services Group,
Room 3.2.C, 1300 Pennsylvania Avenue,
NW., Washington, DC 20229.
FOR FURTHER INFORMATION CONTACT:
Requests for additional information
should be directed to the Bureau of
Customs and Border Protection, Attn.:
Tracey Denning, Room 3.2.C, 1300
Pennsylvania Avenue NW., Washington,
DC 20229, Tel. (202) 344–1429.
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Jkt 208001
CBP
invites the general public and other
Federal agencies to comment on
proposed and/or continuing information
collections pursuant to the Paperwork
Reduction Act of 1995 (Pub. L. 104–13;
44 U.S.C. 3505(c)(2)). The comments
should address: (a) Whether the
collection of information is necessary
for the proper performance of the
functions of the agency, including
whether the information shall have
practical utility; (b) the accuracy of the
agency’s estimates of the burden of the
collection of information; (c) ways to
enhance the quality, utility, and clarity
of the information to be collected; (d)
ways to minimize the burden including
the use of automated collection
techniques or the use of other forms of
information technology; and (e) the
annual cost burden to respondents or
record keepers from the collection of
information (a total capital/startup costs
and operations and maintenance costs).
The comments that are submitted will
be summarized and included in the CBP
request for Office of Management and
Budget (OMB) approval. All comments
will become a matter of public record.
In this document CBP is soliciting
comments concerning the following
information collection:
Title: Application for Extension of
Bond for Temporary Importation.
OMB Number: 1651–0015.
Form Number: CBP Form 3173.
Abstract: Imported merchandise that
is to remain in the Customs territory for
one year or less without duty payment
is entered as a temporary importation.
The importer may apply for an
extension of this period on CBP Form
3173.
Current Actions: There are no changes
to the information collection. This
submission is being submitted to extend
the expiration date.
Type of Review: Extension (without
change).
Affected Public: Business or other forprofit institutions.
Estimated Number of Respondents:
16,800.
Estimated Time Per Respondent: 1
minute.
Estimated Total Annual Burden
Hours: 348.
Estimated Total Annualized Cost on
the Public: N/A.
SUPPLEMENTARY INFORMATION:
Dated: September 28, 2005.
Tracey Denning,
Agency Clearance Officer, Information
Services Branch.
[FR Doc. 05–20112 Filed 10–5–05; 8:45 am]
BILLING CODE 9110–06–P
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58451
DEPARTMENT OF HOMELAND
SECURITY
Bureau of Customs and Border
Protection
Proposed Collection; Comment
Request; NAFTA Regulations and
Certificate of Origin
Customs and Border Protection
(CBP), Department of Homeland
Security
ACTION: Notice and request for
comments.
AGENCY:
SUMMARY: As part of its continuing effort
to reduce paperwork and respondent
burden, CBP invites the general public
and other Federal agencies to comment
on an information collection
requirement concerning the NAFTA
Regulations and Certificate of Origin.
This request for comment is being made
pursuant to the Paperwork Reduction
Act of 1995 (Pub. L. 104–13; 44 U.S.C.
3505(c)(2)).
DATES: Written comments should be
received on or before December 5, 2005,
to be assured of consideration.
ADDRESSES: Direct all written comments
to the Bureau of Customs and Border
Protection, Tracey Denning, Information
Services Group, Room 3.2.C, 1300
Pennsylvania Avenue, NW.,
Washington, DC 20229.
FOR FURTHER INFORMATION CONTACT:
Requests for additional information
should be directed to the Bureau of
Customs and Border Protection, Attn.:
Tracey Denning, Room 3.2.C, 1300
Pennsylvania Avenue, NW.,
Washington, DC 20229, Tel. (202) 344–
1429.
SUPPLEMENTARY INFORMATION: CBP
invites the general public and other
Federal agencies to comment on
proposed and/or continuing information
collections pursuant to the Paperwork
Reduction Act of 1995 (Pub. L. 104–13;
44 U.S.C. 3505(c)(2)). The comments
should address: (a) Whether the
collection of information is necessary
for the proper performance of the
functions of the agency, including
whether the information shall have
practical utility; (b) the accuracy of the
agency’s estimates of the burden of the
collection of information; (c) ways to
enhance the quality, utility, and clarity
of the information to be collected; (d)
ways to minimize the burden including
the use of automated collection
techniques or the use of other forms of
information technology; and (e) the
annual cost burden to respondents or
record keepers from the collection of
information (a total capital/startup costs
and operations and maintenance costs).
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]]>Agencies
[Federal Register Volume 70, Number 193 (Thursday, October 6, 2005)]
[Notices]
[Pages 58448-58451]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-20038]
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DEPARTMENT OF HOMELAND SECURITY
[DHS-2005-0066]
Office of Inspector General; Privacy Act of 1974; Systems of
Records
AGENCY: Office of Investigations, Office of Inspector General,
Department of Homeland Security.
ACTION: Notice of revised Privacy Act systems of records.
-----------------------------------------------------------------------
SUMMARY: In accordance with the Privacy Act of 1974, the Department of
Homeland Security Office of Inspector General is giving notice of a
revised and updated system of records titled, ``Investigations Data
Management System (IDMS).''
DATES: Comments must be received on or before November 7, 2005.
ADDRESSES: You may submit comments, identified by Docket Number DHS-
2005-0066, by one of the following methods:
EPA Federal Partner EDOCKET Web site: https://www.epa.gov/feddocket.
Follow instructions for submitting comments on the Web site. DHS has
joined the Environmental Protection Agency (EPA) online public docket
and comment system on its Partner Electronic Docket System (Partner
EDOCKET).
Federal eRulemaking Portal: https://www.regulations.gov. Follow the
instructions for submitting comments.
Fax: (202) 254-4285 (This is not a toll-free number).
Mail: Richard N. Reback, DHS, Office of Inspector General/STOP
2600, 245 Murray Drive, SW., Building 410, Washington, DC 20528.
Hand Delivery/Courier: Richard N. Reback, DHS, Office of Inspector
General/STOP 2600, 245 Murray Drive, SW., Building 410, Washington, DC
20528.
Instructions: All submissions received must include the agency name
and docket number for this notice. All comments received will be posted
without change to https://www.epa.gov/feddocket, including any personal
information provided.
Docket: For access to the docket to read background documents or
comments received, go to https://www.epa.gov/feddocket. You may also
access the Federal eRulemaking Portal at https://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: Richard N. Reback, Department of
Homeland Security, Office of Inspector General/STOP 2600, 245 Murray
Drive, SW., Building 410, Washington, DC 20528 by telephone (202) 254-
4100 or facsimile (202) 254-4285; Nuala O'Connor Kelly, Chief Privacy
Officer, Department of Homeland Security, 601 S. 12th Street,
Arlington, VA 22202-4202 by telephone (571) 227-3813 or facsimile (571)
227-4171.
SUPPLEMENTARY INFORMATION:
The Privacy Act embodies fair information principles in a statutory
framework governing the means by which the United States Government
collects, maintains, uses and disseminates personally identifiable
information. The Privacy Act applies to information that is maintained
in a ``system of records.'' A ``system of records'' is a group of any
records under the control of an agency from which information is
retrieved by the name of the individual or by some identifying number,
symbol, or other identifying particular assigned to the individual. The
Privacy Act requires each agency to publish in the Federal Register a
description denoting the type and character of each system of records
that the agency maintains, and the routine uses that are contained in
each system in order to make agency record keeping practices
transparent, to notify individuals regarding the uses to which
personally identifiable information is put, and to assist the
individual in finding such files within the agency.
The Department of Homeland Security (DHS), Office of Inspector
[[Page 58449]]
General (OIG) is updating and republishing a Privacy Act system of
records within OIG Headquarters for its investigative files. Pursuant
to the savings clause in the Homeland Security Act of 2002, Public Law
107-296, sec. 1512, 116 Stat. 2310 (Nov. 25, 2002) (6 U.S.C. 552), DHS
components and offices could continue to rely on completed
administrative actions after creation of the Department until those
actions were amended, modified, superseded, terminated, set aside, or
revoked. Two system notices previously supported the collection of
investigation information by the DHS OIG, FEMA/IG-1 (General
Investigative Files) and Treasury/DO .190 (Investigation Data
Management System). The DHS OIG is now updating and republishing under
its own nomenclature a system notice the Investigations Data Management
System to cover the same records previously covered by these legacy
system notices.
The DHS Inspector General is responsible for conducting and
supervising audits, investigations, and inspections relating to the
programs and operations of the Department. The OIG examines, evaluates
and, where necessary, critiques these operations and activities,
recommending ways for the Department to carry out its responsibilities
in the most effective, efficient, and economical manner possible.
The Investigations Data Management System (IDMS) allows the OIG to
receive and process allegations of violations of criminal, civil, or
administrative laws and regulations relating to DHS employees,
contractors and other individuals and entities associated with the DHS.
IDMS also allows the OIG to manage information provided during the
course of such investigations and, in the process, to facilitate its
management of investigations. Through the IDMS, the OIG can create a
record showing the disposition of allegations; track actions taken by
DHS management regarding misconduct; track legal actions taken after
referrals to the United States Department of Justice for prosecution;
provide a system for creating reporting statistical information; and
track OIG investigators' firearms qualification records and government
property records.
This system notice makes several changes to the existing record
systems on which DHS had been relying. It changes the address of the
system location, revises the routine uses to conform them more closely
to the needs and requirements of DHS, and more fully describes the
categories of individuals and of records that are maintained in IDMS.
In accordance with 5 U.S.C. 552a(r), a report of this revised
system of records has been provided to the Office of Management and
Budget (OMB) and to the Congress.
DHS-OIG-002
System name:
Department of Homeland Security (DHS) Office of Inspector General
(OIG) Investigations Data Management System (IDMS).
Security classification:
Classified, sensitive.
System location:
This system of records is located in the OIG Office of
Investigations in Washington, DC and in OIG field offices nationwide.
Categories of individuals covered by the system:
Individuals filing complaints of criminal, civil, or administrative
violations, including, but not limited to, fraud, waste, or
mismanagement; individuals alleged to have been involved in such
violations; individuals identified as having been adversely affected by
matters investigated by the OIG; individuals who have been identified
as possibly relevant to, or who are contacted as part of an OIG
investigation, including: (A) Current and former employees of DHS;
United States Department of the Treasury, United States Department of
Justice, and Federal Emergency Management Administration legacy
employees; and persons whose association with current and former
employees relate to alleged violations which affect the integrity or
facilities of the DHS; and, (B) witnesses, complainants, confidential
or non-confidential informants, suspects, defendants, or parties who
have been identified by the DHS OIG, other DHS units, other agencies,
or members of the general public in connection with authorized OIG
functions; and DHS OIG Office of Investigations employees who are
required to qualify with firearms and receive government property.
Categories of records in the system:
Records include: (A) letters, memoranda, and other documents citing
complaints of alleged criminal or administrative misconduct; (B)
investigative files, which include: (1) Reports of investigation
resulting from allegations of misconduct or violations of law with
related exhibits, statements, affidavits, records or other pertinent
documents (including those obtained from other sources, such as
Federal, State, local, or foreign investigative or law enforcement
agencies and other government agencies) obtained during investigations;
(2) transcripts and documentation concerning requests and approval for
consensual (telephone and non-telephone) monitoring; (3) reports from
or to other law enforcement bodies; (4) prior criminal or non-criminal
records of individuals as they relate to investigations; (5) subpoenas
issued pursuant to OIG investigations and legal opinions, advice, and
other legal documents provided by agency counsel; (6) reports of
actions taken by management personnel regarding misconduct allegations
and reports of legal actions, including actions resulting from
violations of statutes referred to the United States Department of
Justice for prosecution; (7) records involving the disposition of
investigations and resulting agency actions (e.g., criminal
prosecutions, civil proceedings, administrative action); and (8) other
documentation and materials created during the course of or arising out
of OIG investigations; and (C) property records and Firearms and
Training qualification records for all OIG Office of Investigations
employees;
Records contain the name and/or other personal identifying
information for OIG Office of Investigations employees; names and other
personal identifying information for individuals who are investigated
or involved as complainants, witnesses, informants, or otherwise in OIG
investigations; and details relating to investigations and complaints,
such as the date of the complaint; case number(s); name of the
complainant; matters alleged; referral documents; research materials;
and other documentation.
Authority for maintenance of the system:
5 U.S.C.A. App. 3; 5 U.S.C. 301; 6 U.S.C. 101, 113(b), 555.
Purpose(s):
The records and information collected and maintained in this system
are used to receive and process allegations of violations of criminal,
civil, and administrative laws and regulations relating to DHS
programs, operations, and employees, as well as contractors and other
individuals and entities associated with the DHS; monitor case
assignments, disposition, status, and results; manage investigations
and information provided during the course of such investigations;
track actions taken by management regarding misconduct and other
allegations; track legal actions taken following referrals to the
United States Department of Justice
[[Page 58450]]
for prosecution or litigation; provide information relating to any
adverse action or other proceeding that may occur as a result of the
findings of an investigation; retrieve investigation results performed
on individuals covered in this system; provide a system for creating
and reporting statistical information; and to provide a system to track
OIG investigator's firearms qualification records and property records.
ROUTINE USES OF THESE RECORDS:
In addition to those disclosures generally permitted under 5 U.S.C.
552a (b) of the Privacy Act, all or a portion of the records or
information contained in this system may be disclosed outside DHS as a
routine use pursuant to 5 U.S.C. 552a(b)(3) as follows:
(A) To an appropriate Federal, State, territorial, tribal, local,
or foreign law enforcement agency, licensing entity, or other
appropriate authority charged with investigating, enforcing,
prosecuting, or implementing a law (criminal, civil, administrative, or
regulatory), where DHS becomes aware of an indication of a violation or
potential violation of such law or where required in response to a
compulsory legal process.
(B) To Federal intelligence community agencies and other Federal
agencies to further the mission of those agencies relating to persons
who may pose a risk to homeland security.
(C) To international governmental authorities in accordance with
law and formal or informal international agreement.
(D) To a court, magistrate, or administrative tribunal in the
course of presenting evidence, including disclosures to opposing
counsel or witnesses in the course of civil or criminal discovery or
proceedings, litigation, and settlement negotiations.
(E) To Federal, State, local, or foreign government entities or
professional licensing authorities responsible for investigating or
prosecuting the violations of, or for enforcing or implementing, a
statute, rule, regulation, order, or license, or where DHS OIG becomes
aware of an indication of a violation or potential violation of civil
or criminal law or regulation or where DHS has received a request for
information that is relevant or necessary to the requesting entity's
hiring or retention of an employee, or the issuance of a security
clearance, license, contract, grant, or other benefit.
(F) To contractors, grantees, experts, consultants, students, and
others performing or working on a contract, service, grant, cooperative
agreement, or other assignment for the Federal Government, when
necessary to accomplish an agency function related to this system of
records.
(G) To the United States Department of Justice or other Federal
agency conducting litigation or in proceedings before any court,
adjudicative or administrative body, when: (a) DHS; (b) any employee of
DHS in his/her official capacity; (c) any employee of DHS in his/her
individual capacity where the Department of Justice or DHS has agreed
to represent the employee; or, (d) the United States or any agency
thereof, is a party to the litigation or has an interest in such
litigation.
(H) To third parties during the course of an investigation to the
extent necessary to obtain information pertinent to the investigation.
(I) To a congressional office from the record of an individual in
response to an inquiry from that congressional office made at the
request of the individual to whom the record pertains.
(J) To the National Archives and Records Administration or other
Federal Government agencies pursuant to records management inspections
being conducted under the authority of 44 U.S.C. 2904 and 2906.
(K) To appropriate persons engaged in conducting and reviewing
internal and external peer reviews of the OIG to ensure adequate
internal safeguards and management procedures exist or to ensure that
auditing standards applicable to Government audits are applied and
followed.
(L) To the President's Council on Integrity and Efficiency (PCIE)
and other Federal agencies, as necessary, if the records respond to an
audit, investigation or review which is conducted pursuant to an
authorizing law, rule or regulation, and in particular those conducted
at the request of the PCIE pursuant to Executive Order No. 12993.
DISCLOSURE TO CONSUMER REPORTING AGENCIES:
None.
POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING,
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
Records in this system are stored on paper media and in digital or
other electronic form in a secure Local Area Network (LAN) server and/
or Wide Area Network (WAN) environment.
RETRIEVABILITY:
Paper media are retrieved alphabetically by name of subject or
complainant, by case number, and/or by special agent name and/or
employee identifying number. Electronic media are retrieved by the name
or identifying number for a complainant, subject, victim, or witness;
by case number; by special agent name or other personal identifier; or
by regional office designation.
SAFEGUARDS:
Information in this system is safeguarded in accordance with
applicable laws, rules and policies, including the DHS Information
Technology Security Program Handbook. All records are protected from
unauthorized access through appropriate administrative, physical, and
technical safeguards. These safeguards include restricting access to
authorized personnel who have a need-to-know and using locks and
password protection identification features. IDMS file areas are locked
at all times, and facilities are protected from the outside by security
personnel.
RETENTION AND DISPOSAL:
Investigative files are stored at OIG's Office of Investigations in
Washington, DC, and in OIG field offices. OIG is in the process of
developing a records retention schedule in conjunction with the
National Archives and Records Administration (NARA).
SYSTEM MANAGER(S) AND ADDRESSES:
The System Manager is the Assistant Inspector General for
Investigations, OIG Office of Investigations/STOP 2600, 245 Murray
Drive, SW., Building 410, Washington, DC 20528.
NOTIFICATION PROCEDURES:
To determine whether this system contains records relating to you,
write to the System Manager identified above.
RECORD ACCESS PROCEDURES:
Same as ``Notification Procedures'' above. Provide your full name
and a description of information that you seek, including the time
frame during which the record(s) may have been generated. Individuals
requesting access must comply with the Department of Homeland
Security's Privacy Act regulations on verification of identity (6 CFR
5.21(d)).
CONTESTING RECORD PROCEDURES:
See ``Notification procedures'' and ``Record access procedures''
stated above.
RECORD SOURCE CATEGORIES:
The information in this system of records is obtained from sources
including, but not limited to, the individual record subjects; DHS
officials
[[Page 58451]]
and employees; employees of Federal, State, local, and foreign
agencies; and other persons and entities.
EXEMPTIONS CLAIMED FOR THE SYSTEM:
Pursuant to 5 U.S.C. 552a(j)(2) this system is exempt from the
following provisions of the Privacy Act: 5 U.S.C. 552a (c)(3) and (4);
(d); (e)(1), (e)(2), (e)(3), (e)(4)(G), (e)(4)(H), (e)(5) and (e)(8);
(f)(2) through (5); and (g). Pursuant to 5 U.S.C. 552a (k)(1), (k)(2)
and (k)(5), this system is exempt from the following provisions of the
Privacy Act, subject to the limitations set forth in those subsections:
5 U.S.C. 552a (c)(3), (d), (e)(1), (e)(4)(G), (e)(4)(H), and (f).
Dated: September 26, 2005.
Nuala O'Connor Kelly,
Chief Privacy Officer, Department of Homeland Security.
[FR Doc. 05-20038 Filed 10-5-05; 8:45 am]
BILLING CODE 4410-10-P
