Privacy Act of 1974: Implementation of Exemptions, 67931-67933 [05-21952]
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67931
Proposed Rules
Federal Register
Vol. 70, No. 216
Wednesday, November 9, 2005
This section of the FEDERAL REGISTER
contains notices to the public of the proposed
issuance of rules and regulations. The
purpose of these notices is to give interested
persons an opportunity to participate in the
rule making prior to the adoption of the final
rules.
DEPARTMENT OF HOMELAND
SECURITY
Office of Inspector General
6 CFR Part 5
[DHS–2005–0065]
Privacy Act of 1974: Implementation of
Exemptions
Office of Investigations, Office
of Inspector General, Department of
Homeland Security.
ACTION: Notice of proposed rulemaking.
AGENCY:
SUMMARY: The Department of Homeland
Security is giving notice of a revised and
updated system of records pursuant to
the Privacy Act of 1974 for the Office of
Inspector General, Office of
Investigations. In this proposed
rulemaking, the Department proposes to
exempt portions of this system of
records from one or more provisions of
the Privacy Act because of criminal,
civil and administrative enforcement
requirements.
Comments must be received on
or before December 9, 2005.
ADDRESSES: You may submit comments,
identified by docket number DHS–
2005–0065, by one of the following
methods:
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://
DATES:
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www.regulations.gov, including any
personal information provided.
Docket: For access to the docket to
read background documents or
comments received, go to 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; Maureen
Cooney, Acting Chief Privacy Officer,
Department of Homeland Security, 601
South 12th Street, Arlington, VA 22202–
4220 by telephone (571) 227–3813 or
facsimile (571) 227–4171.
SUPPLEMENTARY INFORMATION:
Background
On October 6, 2005, the Department
of Homeland Security (DHS) updated
and republished under the Privacy Act
of 1974, 5 U.S.C. 552a, a system of
records within Office of Inspector
General (OIG), United States
Department of Homeland Security
(DHS) Headquarters for its investigative
files. (See 70 FR 58448.) 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). In its Federal
Register notice of October 6, 2005, the
DHS OIG updated and republished
under its own nomenclature, the system
notice to cover these records. The
system is the DHS OIG ‘‘Investigations
Data Management System’’ (IDMS). In
this notice of proposed rulemaking,
DHS now is proposing to exempt this
system, in part, from certain provisions
of the Privacy Act and to add that
exemption to its proposed Appendix C
to Part 5, DHS Systems of Records
Exempt from the Privacy Act.
The Privacy Act embodies fair
information principles in a statutory
framework governing the means by
which the United States Government
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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.
Individuals may request their own
records that are maintained in a system
of records in the possession or under the
control of DHS by complying with DHS
Privacy Act regulations, 6 CFR part 5.
The Privacy Act requires each agency
to publish in the Federal Register a
description of 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 individuals in finding such files
within the agency.
The Privacy Act allows government
agencies to exempt certain records from
the access and amendment provisions. If
an agency claims an exemption,
however, it must issue a Notice of
Proposed Rulemaking to make clear to
the public the reasons why a particular
exemption is claimed.
DHS OIG is claiming exemption from
certain requirements of the Privacy Act
for IDMS. Information in this system
relates to official OIG investigations and
law enforcement activities. These
exemptions are needed to protect
information relating to OIG
investigations from disclosure to
subjects of investigations and others
who could interfere with OIG’s law
enforcement activities. Specifically, the
exemptions are required to preclude
subjects of investigations from
frustrating the investigative process; to
avoid disclosure of investigative
techniques; protect the identities and
physical safety of confidential
informants and of law enforcement
personnel; ensure OIG’s ability to obtain
information from third parties and other
sources; protect the privacy of third
parties; and safeguard classified
information. Disclosure of information
to the subject of the inquiry could also
permit the subject to avoid detection or
apprehension.
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67932
Federal Register / Vol. 70, No. 216 / Wednesday, November 9, 2005 / Proposed Rules
In addition, because OIG
investigations arise out of DHS
programs and activities, information in
this records system may pertain to
national security and related law
enforcement matters. In such cases,
allowing access to such information
could alert subjects of OIG
investigations into actual or potential
criminal, civil, or regulatory violations,
and could reveal in an untimely
manner, OIG’s and other agencies’
investigative interests in law
enforcement efforts to preserve national
security.
The exemptions proposed here are
standard law enforcement and national
security exemptions exercised by a large
number of federal law enforcement and
intelligence agencies. In appropriate
circumstances, where compliance
would not appear to interfere with or
adversely affect the law enforcement
purposes of this system and the overall
law enforcement process, the applicable
exemptions may be waived.
List of Subjects in 6 CFR Part 5
Privacy, Freedom of information.
For the reasons stated in the
preamble, DHS proposes to amend
Chapter I of Title 6, Code of Federal
Regulations, as follows:
PART 5—DISCLOSURE OF RECORDS
AND INFORMATION
1. The authority citation for Part 5
continues to read as follows:
Authority: Pub. L. 107–296, 116 Stat. 2135,
6 U.S.C. 101 et seq.; 5 U.S.C. 301.
Subpart A also issued under 5 U.S.C. 552.
Subpart B also issued under 5 U.S.C. 552a.
2. At the end of Appendix C to Part
5, which was proposed to be added at
70 FR 14428, March 22, 2005, add the
following new paragraph ‘‘2’’ to read as
follows:
Appendix C to Part 5—DHS Systems
of Records Exempt From the Privacy Act
*
*
*
*
*
2. DHS–OIG–2005–002, the Office of
Inspector General Investigations Data
Management System (IDMS) consists of
records and information collected and
maintained 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. The
system allows the DHS Office of
Inspector General to monitor case
assignments, disposition, status, and
results; manage investigations and
information provided during the course
of such investigations; track actions
taken by management regarding
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misconduct; track legal actions taken
following referrals to the United States
Department of Justice 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; provide a system
for creating and reporting statistical
information; and to provide a system to
track Office of Inspector General
investigators’ firearms qualification
records and property records. Pursuant
to exemptions 5 U.S.C. 552a(j)(2) of the
Privacy Act, portions of this system are
exempt from 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).
Exemptions from these particular
subsections are justified, on a case-bycase basis to be determined at the time
a request is made, for the following
reasons:
(a) From subsection (c)(3) (Accounting
for Disclosures) because release of the
accounting of disclosures could alert the
subject of an investigation of an actual
or potential criminal, civil, or regulatory
violation, to the existence of the
investigation; and reveal investigative
interest on the part of DHS as well as
the recipient agency. Disclosure of the
accounting would therefore present a
serious impediment to law enforcement
efforts and/or efforts to preserve
national security. Disclosure of the
accounting would also permit the
individual who is the subject of a record
to impede the investigation, tamper
with witnesses or evidence, and avoid
detection or apprehension, which
would undermine the entire
investigative process.
(b) From subsection (d) (Access to
Records) because access to the records
contained in this system of records
could inform the subject of an
investigation of an actual or potential
criminal, civil, or regulatory violation,
to the existence of the investigation, and
reveal investigative interest on the part
of DHS or another agency. Access to the
records could permit the individual
who is the subject of a record to impede
the investigation, tamper with witnesses
or evidence, and avoid detection or
apprehension. Amendment of the
records could interfere with ongoing
investigations and law enforcement
activities and would impose an
impossible administrative burden by
requiring investigations to be
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continuously reinvestigated. In
addition, permitting access and
amendment to such information could
disclose security-sensitive information
that could be detrimental to homeland
security.
(c) From subsection (e)(1) (Relevancy
and Necessity of Information) because
in the course of investigations into
potential violations of federal law, the
accuracy of information obtained or
introduced occasionally may be unclear
or the information may not be strictly
relevant or necessary to a specific
investigation. In the interests of effective
law enforcement, it is appropriate to
retain all information that may aid in
establishing patterns of unlawful
activity.
(d) From subsection (e)(2) (Collection
of Information from Individuals)
because requiring that information be
collected from the subject of an
investigation would alert the subject as
to the nature or existence of an
investigation, thereby interfering with
the related investigation and law
enforcement activities.
(e) From subsection (e)(3) (Notice to
Subjects) because providing such
detailed information would impede law
enforcement in that it could
compromise the existence of a
confidential investigation or reveal the
identity of witnesses or confidential
informants.
(f) From subsections (e)(4)(G) and (H)
(Agency Requirements), (f) (Agency
Rules), and (g) (Civil Remedies) because
portions of this system are exempt from
the individual access provisions of
subsection (d).
(g) From subsection (e)(5) (Collection
of Information) because in the collection
of information for law enforcement
purposes it is impossible to determine
in advance what information is
accurate, relevant, timely, and complete.
Compliance with (e)(5) would preclude
OIG special agents from using their
investigative training and exercise of
good judgment to both conduct and
report on investigations.
(h) From subsection (e)(8) (Notice on
Individuals) because compliance would
interfere with OIG’s ability to obtain,
serve, and issue subpoenas, warrants
and other law enforcement mechanisms
that may be filed under seal, and could
result in disclosure of investigative
techniques, procedures, and evidence.
(i) From subsection (g) to the extent
that the system is exempt from other
specific subsections of the Privacy Act.
E:\FR\FM\09NOP1.SGM
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Federal Register / Vol. 70, No. 216 / Wednesday, November 9, 2005 / Proposed Rules
Dated: October 28, 2005.
Maureen Cooney,
Acting Chief Privacy Officer, Department of
Homeland Security.
[FR Doc. 05–21952 Filed 11–8–05; 8:45 am]
BILLING CODE 4410–10–P
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection
Service
9 CFR Part 93
[Docket No. 05–041–1]
Importation of Cattle From Mexico
Animal and Plant Health
Inspection Service, USDA.
ACTION: Proposed rule.
AGENCY:
SUMMARY: We are proposing to amend
the regulations regarding the
importation of cattle from Mexico by
adding San Luis, AZ, as a port through
which cattle that have been infested
with fever ticks or exposed to fever ticks
or tick-borne diseases may be imported
into the United States. A new facility for
the handling of animals is to be
constructed on the Mexican side of the
border at the port of San Luis, AZ, that
will be equipped with facilities
necessary for the proper chute
inspection, dipping, and testing that are
required for such cattle under the
regulations. We would also amend the
regulations to remove provisions that
limit the admission of cattle that have
been infested with fever ticks or
exposed to fever ticks or tick-borne
diseases to the State of Texas and that
prohibit the movement of such cattle
into areas of Texas quarantined because
of fever ticks. The statutory requirement
that limited the admission of those
cattle to the State of Texas has been
repealed, and we believe that the
current provisions of our domestic fever
tick quarantine regulations will
effectively address any risk of the
spread of tick-borne diseases associated
with the subsequent movement of
imported cattle from the quarantined
area of Texas. These proposed changes
would make an additional port of entry
available and relieve restrictions on the
movement of imported Mexican cattle
within the United States.
DATES: We will consider all comments
that we receive on or before January 9,
2006.
ADDRESSES: You may submit comments
by either of the following methods:
• Federal eRulemaking Portal: Go to
https://www.regulations.gov and, in the
‘‘Search for Open Regulations’’ box,
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16:05 Nov 08, 2005
Jkt 208001
select ‘‘Animal and Plant Health
Inspection Service’’ from the agency
drop-down menu, then click on
‘‘Submit.’’ In the Docket ID column,
select APHIS–2005–0101 to submit or
view public comments and to view
supporting and related materials
available electronically. After the close
of the comment period, the docket can
be viewed using the ‘‘Advanced Search’’
function in Regulations.gov.
• Postal Mail/Commercial Delivery:
Please send four copies of your
comment (an original and three copies)
to Docket No. 05–041–1, Regulatory
Analysis and Development, PPD,
APHIS, Station 3C71, 4700 River Road
Unit 118, Riverdale, MD 20737–1238.
Please state that your comment refers to
Docket No. 05–041–1.
Reading Room: You may read any
comments that we receive on this
docket in our reading room. The reading
room is located in room 1141 of the
USDA South Building, 14th Street and
Independence Avenue SW.,
Washington, DC. Normal reading room
hours are 8 a.m. to 4:30 p.m., Monday
through Friday, except holidays. To be
sure someone is there to help you,
please call (202) 690–2817 before
coming.
Other Information: Additional
information about APHIS and its
programs is available on the Internet at
https://www.aphis.usda.gov.
FOR FURTHER INFORMATION CONTACT: Dr.
Arnaldo Vaquer, Senior Staff
Veterinarian, National Center for Import
and Export, Technical Trade Services
Team, VS, APHIS, 4700 River Road Unit
43, Riverdale, MD 20737–1231; (301)
734–8364.
SUPPLEMENTARY INFORMATION:
Background
The regulations in 9 CFR part 93
prohibit or restrict the importation of
certain animals, birds, and poultry into
the United States to prevent the
introduction of communicable diseases
of livestock and poultry. Subpart D of
part 93 (§§ 93.400 through 93.435,
referred to below as the regulations)
governs the importation of ruminants;
within subpart D, §§ 93.424 through
94.429 specifically address the
importation of various ruminants from
Mexico into the United States.
In § 93.426, paragraph (a) states that
all ruminants offered for entry into the
United States from Mexico must be
inspected at the port of entry and found
to be free from communicable diseases
and fever tick infestation and to not
have been exposed to communicable
diseases and fever tick infestation.
Ruminants found to be affected with or
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67933
to have been exposed to a
communicable disease, or infested with
fever ticks, are to be refused entry
except as provided in § 93.427(b)(2).
Under § 93.427(b)(2), cattle that have
been exposed to splenetic, southern, or
tick fever, or that have been infested
with or exposed to fever ticks, may be
imported from Mexico for admission
into the State of Texas, except that
portion of the State quarantined because
of fever ticks, either at one of the land
border ports in Texas listed in
§ 93.403(c) of the regulations, or at the
port of Santa Teresa, NM, provided that
certain conditions are met. Those
conditions are spelled out in paragraphs
(b)(2)(i) through (b)(2)(v) of § 93.427.
In this document, we are proposing to
amend § 93.427(b)(2) by:
• Removing the limitation that allows
the imported cattle admission only into
the State of Texas;
• Removing the limitation that
prohibits the imported cattle from being
moved into areas in Texas quarantined
because of fever ticks; and
• Adding San Luis, AZ, as an
additional port through which the cattle
may be imported into the United States.
Each of these proposed changes is
explained in more detail below.
Admission Only Into the State of Texas
The limitation that allows the
imported cattle admission only into the
State of Texas originated in statutory
language (21 U.S.C. 104) that, prior to
1993, authorized the Secretary of
Agriculture to permit ‘‘the admission
into the State of Texas of cattle which
have been infested with or exposed to
ticks upon being freed therefrom.’’
However, in 1993, as part of the North
American Free Trade Agreement
(NAFTA) Implementation Act (Public
Law 103–182), 21 U.S.C. 104 was
amended to state more generally that the
Secretary may permit the importation of
cattle, sheep, or other ruminants, and
swine from Canada and Mexico,
effectively removing the restriction that
prohibited cattle from moving into
States other than Texas. The provisions
of 21 U.S.C. 104 were subsequently
repealed by the Animal Health
Protection Act, which constitutes the
Secretary’s current authority and places
no restrictions on the destination within
the United States of cattle imported
from Mexico.
Following the passage of the NAFTA
Implementation Act, our permitting
procedures were modified to allow
cattle that had been infested with or
exposed to fever ticks to be moved into
States other than Texas under the
conditions described in § 93.427(b)(2),
but we did not make a corresponding
E:\FR\FM\09NOP1.SGM
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]]>Agencies
[Federal Register Volume 70, Number 216 (Wednesday, November 9, 2005)]
[Proposed Rules]
[Pages 67931-67933]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-21952]
========================================================================
Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
========================================================================
Federal Register / Vol. 70, No. 216 / Wednesday, November 9, 2005 /
Proposed Rules
[[Page 67931]]
DEPARTMENT OF HOMELAND SECURITY
Office of Inspector General
6 CFR Part 5
[DHS-2005-0065]
Privacy Act of 1974: Implementation of Exemptions
AGENCY: Office of Investigations, Office of Inspector General,
Department of Homeland Security.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Department of Homeland Security is giving notice of a
revised and updated system of records pursuant to the Privacy Act of
1974 for the Office of Inspector General, Office of Investigations. In
this proposed rulemaking, the Department proposes to exempt portions of
this system of records from one or more provisions of the Privacy Act
because of criminal, civil and administrative enforcement requirements.
DATES: Comments must be received on or before December 9, 2005.
ADDRESSES: You may submit comments, identified by docket number DHS-
2005-0065, by one of the following methods:
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.regulations.gov, including any personal
information provided.
Docket: For access to the docket to read background documents or
comments received, go to 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; Maureen Cooney, Acting Chief Privacy
Officer, Department of Homeland Security, 601 South 12th Street,
Arlington, VA 22202-4220 by telephone (571) 227-3813 or facsimile (571)
227-4171.
SUPPLEMENTARY INFORMATION:
Background
On October 6, 2005, the Department of Homeland Security (DHS)
updated and republished under the Privacy Act of 1974, 5 U.S.C. 552a, a
system of records within Office of Inspector General (OIG), United
States Department of Homeland Security (DHS) Headquarters for its
investigative files. (See 70 FR 58448.) 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). In its Federal
Register notice of October 6, 2005, the DHS OIG updated and republished
under its own nomenclature, the system notice to cover these records.
The system is the DHS OIG ``Investigations Data Management System''
(IDMS). In this notice of proposed rulemaking, DHS now is proposing to
exempt this system, in part, from certain provisions of the Privacy Act
and to add that exemption to its proposed Appendix C to Part 5, DHS
Systems of Records Exempt from the Privacy Act.
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.
Individuals may request their own records that are maintained in a
system of records in the possession or under the control of DHS by
complying with DHS Privacy Act regulations, 6 CFR part 5.
The Privacy Act requires each agency to publish in the Federal
Register a description of 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
individuals in finding such files within the agency.
The Privacy Act allows government agencies to exempt certain
records from the access and amendment provisions. If an agency claims
an exemption, however, it must issue a Notice of Proposed Rulemaking to
make clear to the public the reasons why a particular exemption is
claimed.
DHS OIG is claiming exemption from certain requirements of the
Privacy Act for IDMS. Information in this system relates to official
OIG investigations and law enforcement activities. These exemptions are
needed to protect information relating to OIG investigations from
disclosure to subjects of investigations and others who could interfere
with OIG's law enforcement activities. Specifically, the exemptions are
required to preclude subjects of investigations from frustrating the
investigative process; to avoid disclosure of investigative techniques;
protect the identities and physical safety of confidential informants
and of law enforcement personnel; ensure OIG's ability to obtain
information from third parties and other sources; protect the privacy
of third parties; and safeguard classified information. Disclosure of
information to the subject of the inquiry could also permit the subject
to avoid detection or apprehension.
[[Page 67932]]
In addition, because OIG investigations arise out of DHS programs
and activities, information in this records system may pertain to
national security and related law enforcement matters. In such cases,
allowing access to such information could alert subjects of OIG
investigations into actual or potential criminal, civil, or regulatory
violations, and could reveal in an untimely manner, OIG's and other
agencies' investigative interests in law enforcement efforts to
preserve national security.
The exemptions proposed here are standard law enforcement and
national security exemptions exercised by a large number of federal law
enforcement and intelligence agencies. In appropriate circumstances,
where compliance would not appear to interfere with or adversely affect
the law enforcement purposes of this system and the overall law
enforcement process, the applicable exemptions may be waived.
List of Subjects in 6 CFR Part 5
Privacy, Freedom of information.
For the reasons stated in the preamble, DHS proposes to amend
Chapter I of Title 6, Code of Federal Regulations, as follows:
PART 5--DISCLOSURE OF RECORDS AND INFORMATION
1. The authority citation for Part 5 continues to read as follows:
Authority: Pub. L. 107-296, 116 Stat. 2135, 6 U.S.C. 101 et
seq.; 5 U.S.C. 301.
Subpart A also issued under 5 U.S.C. 552. Subpart B also issued
under 5 U.S.C. 552a.
2. At the end of Appendix C to Part 5, which was proposed to be
added at 70 FR 14428, March 22, 2005, add the following new paragraph
``2'' to read as follows:
Appendix C to Part 5--DHS Systems of Records Exempt From the
Privacy Act
* * * * *
2. DHS-OIG-2005-002, the Office of Inspector General Investigations
Data Management System (IDMS) consists of records and information
collected and maintained 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.
The system allows the DHS Office of Inspector General to 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; track legal
actions taken following referrals to the United States Department of
Justice 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;
provide a system for creating and reporting statistical information;
and to provide a system to track Office of Inspector General
investigators' firearms qualification records and property records.
Pursuant to exemptions 5 U.S.C. 552a(j)(2) of the Privacy Act, portions
of this system are exempt from 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).
Exemptions from these particular subsections are justified, on a case-
by-case basis to be determined at the time a request is made, for the
following reasons:
(a) From subsection (c)(3) (Accounting for Disclosures) because
release of the accounting of disclosures could alert the subject of an
investigation of an actual or potential criminal, civil, or regulatory
violation, to the existence of the investigation; and reveal
investigative interest on the part of DHS as well as the recipient
agency. Disclosure of the accounting would therefore present a serious
impediment to law enforcement efforts and/or efforts to preserve
national security. Disclosure of the accounting would also permit the
individual who is the subject of a record to impede the investigation,
tamper with witnesses or evidence, and avoid detection or apprehension,
which would undermine the entire investigative process.
(b) From subsection (d) (Access to Records) because access to the
records contained in this system of records could inform the subject of
an investigation of an actual or potential criminal, civil, or
regulatory violation, to the existence of the investigation, and reveal
investigative interest on the part of DHS or another agency. Access to
the records could permit the individual who is the subject of a record
to impede the investigation, tamper with witnesses or evidence, and
avoid detection or apprehension. Amendment of the records could
interfere with ongoing investigations and law enforcement activities
and would impose an impossible administrative burden by requiring
investigations to be continuously reinvestigated. In addition,
permitting access and amendment to such information could disclose
security-sensitive information that could be detrimental to homeland
security.
(c) From subsection (e)(1) (Relevancy and Necessity of Information)
because in the course of investigations into potential violations of
federal law, the accuracy of information obtained or introduced
occasionally may be unclear or the information may not be strictly
relevant or necessary to a specific investigation. In the interests of
effective law enforcement, it is appropriate to retain all information
that may aid in establishing patterns of unlawful activity.
(d) From subsection (e)(2) (Collection of Information from
Individuals) because requiring that information be collected from the
subject of an investigation would alert the subject as to the nature or
existence of an investigation, thereby interfering with the related
investigation and law enforcement activities.
(e) From subsection (e)(3) (Notice to Subjects) because providing
such detailed information would impede law enforcement in that it could
compromise the existence of a confidential investigation or reveal the
identity of witnesses or confidential informants.
(f) From subsections (e)(4)(G) and (H) (Agency Requirements), (f)
(Agency Rules), and (g) (Civil Remedies) because portions of this
system are exempt from the individual access provisions of subsection
(d).
(g) From subsection (e)(5) (Collection of Information) because in
the collection of information for law enforcement purposes it is
impossible to determine in advance what information is accurate,
relevant, timely, and complete. Compliance with (e)(5) would preclude
OIG special agents from using their investigative training and exercise
of good judgment to both conduct and report on investigations.
(h) From subsection (e)(8) (Notice on Individuals) because
compliance would interfere with OIG's ability to obtain, serve, and
issue subpoenas, warrants and other law enforcement mechanisms that may
be filed under seal, and could result in disclosure of investigative
techniques, procedures, and evidence.
(i) From subsection (g) to the extent that the system is exempt
from other specific subsections of the Privacy Act.
[[Page 67933]]
Dated: October 28, 2005.
Maureen Cooney,
Acting Chief Privacy Officer, Department of Homeland Security.
[FR Doc. 05-21952 Filed 11-8-05; 8:45 am]
BILLING CODE 4410-10-P
