Privacy Act of 1974; as Amended; Notice To Amend an Existing System of Records, 60519-60522 [2011-25069]
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Federal Register / Vol. 76, No. 189 / Thursday, September 29, 2011 / Notices
Visa Exit Program must depart from one
of those ports and submit certain
biographical and biometric information
at one of the kiosks established for this
purpose.
On December 19, 2008, CBP
published a second notice in the
Federal Register, ‘‘Notice of Expansion
of Temporary Worker Visa Exit Program
Pilot to Include H–2B Temporary
Workers.’’ 73 FR 77817.2
CBP published a third notice in the
Federal Register on August 25, 2009
announcing the postponement of the
commencement date of the H–2A and
H–2B temporary Worker Visa Exit
Program Pilot until December 8, 2009.
74 FR 42909.
The pilot has been operating for more
than a year. The pilot tested the
processes and technology used to
monitor compliance and record the final
departures of persons admitted under
temporary worker visas as well as its
general design and implementation.
During this period, DHS gathered
enough data to assess the pilot’s
technology, design and implementation
and to identify lessons learned that can
be applied to programs that may have
similar requirements. The duration of
the pilot has also allowed for the
seasonal work cycle during which H–2A
and H–2B visa holders typically enter
and depart from the United States for
agricultural or other temporary
employment.
Among the challenges that arose
during the pilot were that the persons
subject to the pilot had trouble
understanding the requirements and
using the kiosks; although the pilot was
designed to be an automated system,
considerable time and resources by CBP
field personnel were needed to assist
the pilot participants in recording their
exit; kiosk operability was unreliable
and inconsistent due in large part to the
harsh desert climate; and, the physical
layout of the departure area at the
border crossing limited CBP’s ability to
ensure compliance. The pilot reinforced
the need to gain a full understanding of
the covered population’s skill sets in
order to craft effective public
information materials and to utilize
appropriate technology that will support
a high degree of compliance. For future
programs, DHS will seek to ensure that
the physical requirements for software
and hardware reflect the extremes that
can be faced in harsh border climates.
The pilot also demonstrated that DHS
must evaluate carefully the considerable
time and resources that may be required
by field personnel in order to
continually support and explain
processes used infrequently by a nonimmigrant population subject to a
program specific to that population.
Accordingly, this notice announces
that the H–2A and H–2B Temporary
Worker Visa Exit Program Pilot is being
discontinued immediately. Any alien
that is admitted on an H–2A or H–2B
visa into the United States at the ports
of San Luis, Arizona, and Douglas,
Arizona, will no longer be subject to the
requirements of the program pilot.
Aliens who have already been admitted
on an H–2A or H–2B visa to the United
States at the ports of San Luis, Arizona
and Douglas, Arizona will not be
required to depart the United States
from San Luis or Douglas and will not
have to submit the biographical or
biometric information that was required
under the pilot program.
Regardless of their date or place of
admission to the U.S., all H–2 workers
are subject to the procedures governing
H–2 nonimmigrants generally. H–2
workers are issued a Form I–94, Arrival/
Departure Record, upon admission to
the U.S. The form indicates the date of
admission to the United States, the
nonimmigrant classification, and the
authorized period of admission. Once
admitted to the United States, H–2
workers are required to comply with all
terms and conditions of their admission
and depart the United States on or
before the expiration of the authorized
period of stay unless the worker
properly extends his or her status or
changes his or her status and extends
his or her period of authorized
admission. H–2 workers must surrender
the departure portion of the Form I–94
upon final exit from the United States.
Dated: September 21, 2011.
Alan D. Bersin,
Commissioner, U.S. Customs and Border
Protection.
[FR Doc. 2011–24716 Filed 9–28–11; 8:45 am]
BILLING CODE 9111–14–P
DEPARTMENT OF THE INTERIOR
Privacy Act of 1974; as Amended;
Notice To Amend an Existing System
of Records
Office of Inspector General,
Interior.
ACTION: Notice of amendment to an
existing system of records.
AGENCY:
2 The
H–2B nonimmigrant classification applies
to foreign workers entering the United States to
perform temporary, non-agricultural labor or
services. INA sec. 101(a)(15)(H)(ii)(b), 8 U.S.C.
1101(a)(15)(H)(ii)(b); see generally 8 CFR
214.1(a)(2)(h)(62) (designation for H–2B
classification).
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Pursuant to the provisions of
the Privacy Act of 1974, as amended (5
SUMMARY:
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60519
U.S.C. 552a), the Department of the
Interior (DOI) is issuing a public notice
of its intent to amend the Office of
Inspector General (OIG) Investigative
Records system of records notice. The
amendment includes a consolidated and
updated list of routine uses. The
amended system of records is captioned
‘‘Investigative Records—Interior, Office
of Inspector General—2 (OIG–2).’’ This
system of records OIG–2 was first
published in the Federal Register on
April 11, 1977 (42 FR 19014). The
system was last revised on August 18,
1983 (48 FR 37536).
DATES: Comments must be received by
November 8, 2011. This system will be
effective November 8, 2011.
ADDRESSES: Any person interested in
commenting on this amendment may do
so by any of the following methods
listed below.
Electronic Comments
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions on the Web site for
submitting comments.
• E-mail: Privacy@doioig.gov. Please
submit Internet comments as an ASCII
file and avoid the use of special
characters and any form of encryption.
Paper Comments
• Regular U.S. Mail: Sandra Evans,
FOIA/Privacy Act Officer, Office of
Inspector General, U.S. Department of
the Interior, 1849 C Street, NW., Mail
Stop—4428, Washington, DC 20240.
• Overnight mail, courier, or hand
delivery: Sandra Evans, FOIA/Privacy
Act Officer, Office of Inspector General,
U.S. Department of the Interior, 1849 C
Street, NW., Mail Stop–4428,
Washington, DC 20240.
The OIG will post all comments on
the OIG Web site (https://
www.doioig.gov). Comments will be
posted without change, and therefore
submissions should only contain
information that the commenter wishes
to make publicly available.
FOR FURTHER INFORMATION CONTACT:
Sandra Evans, FOIA/Privacy Act
Officer, Office of Inspector General, U.S.
Department of the Interior, 1849 C
Street, NW., Mail Stop—4428,
Washington, DC 20240,
Sandra_Evans@doioig.gov.
SUPPLEMENTARY INFORMATION: The Office
of Inspector General—Office of
Investigations, and Regional Offices,
maintain the above-entitled system of
records. The purpose of this system is
to store certain investigative case files
and other materials created or gathered
in the course of an official investigation.
Records maintained in the system are
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sensitive but unclassified. The
amendments to the system will be
effective as proposed at the end of the
comment period (the comment period
will end 40 days after the publication of
this notice in the Federal Register),
unless comments are received which
would require a contrary determination.
DOI will publish a revised notice if
changes are made based upon a review
of the comments received.
Dated: September 23, 2011.
Sandra Evans,
FOIA/Privacy Act Officer, Office of Inspector
General
SYSTEM NAME:
Investigative Records—Interior, Office
of Inspector General—2 (OIG–2).
SYSTEM LOCATIONS:
(1) U.S. Department of the Interior,
Office of Inspector General, 1849 C
Street, NW., Washington DC 20240; (2)
Office of Inspector General, 12030
Sunrise Valley Drive, Reston, VA 20191;
(3) Office of Inspector General Regional
Offices, Regional sub-offices (a current
listing of these offices may be obtained
by writing to the System Manager); and
(4) Investigative site during the course
of an investigation.
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
Current former and prospective
employees of the Department of the
Interior (‘‘DOI’’), complainants,
witnesses, confidential and nonconfidential informants, contractors,
subcontractors, recipients of federal
assistance or funds and their contractor/
subcontractors and employees, alleged
violators of DOI rules and regulations,
union officials, individuals investigated
and interviewed, persons suspected of
violations of administrative, civil and
criminal provisions, grantees, subgrantees, lessees, licensees, and other
persons engaged in business with the
DOI or having contact with the DOI or
geographical areas under its
jurisdiction.
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CATEGORIES OF RECORDS IN THE SYSTEM:
Records related to investigations
conducted by the OIG, including:
(1) Complaints, requests to
investigate, and administrative referrals;
(2) Records of case initiation
including the following data fields: case
number, title of case, dates, offices/
personnel assigned, summary;
(3) Documents, statements, and
information of any kind gathered
through investigation;
(4) Reports, correspondence, notes
and memoranda generated by OIG
regarding investigations;
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(5) Records on complainants, subjects,
victims, witnesses containing the
following data fields: name, status as
government employee, social security
number, birth date, birth place, aliases,
group affiliation, employment
information, government employment
information, government employee
type, grade, agency, address, phone
number, e-mail address, and photo.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
Inspector General Act of 1978, 5
U.S.C. App. 3, 1–12, as amended.
ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES OF USERS AND
THE PURPOSES OF SUCH USES:
The primary use of the records is to
facilitate the OIG’s various
responsibilities under the Inspector
General Act of 1978, as amended. The
OIG is statutorily directed to conduct
and supervise investigations relating to
programs and operations of the
Department of the Interior (DOI), to
promote economy, efficiency, and
effectiveness in the administration of
such programs and operations, and to
prevent and detect fraud, waste, and
abuse in such programs and operations.
Accordingly, records in this system are
used within the DOI and OIG in the
course of investigating individuals and
entities suspected of misconduct, waste,
fraud, and abuse, other illegal or
unethical acts and in conducting related
criminal prosecutions, civil
proceedings, and administrative actions.
These records are also used to fulfill
reporting requirements, to maintain
records related to the OIG’s activities,
and to prepare and issue reports to
Congress, the DOI and its components,
the Department of Justice, the public
and other entities as appropriate within
the mission of the OIG.
DISCLOSURES OUTSIDE DOI MAY BE MADE
WITHOUT THE CONSENT OF THE INDIVIDUAL TO
WHOM THE RECORD PERTAINS UNDER THE
ROUTINE USES LISTED BELOW:
For purposes of these routine uses,
references to DOI or the Department
shall include OIG.
(1)(a) To any of the following entities
or individuals, when the circumstances
set forth in subparagraph (b) are met:
(i) The U.S. Department of Justice
(DOJ);
(ii) A court or an adjudicative or other
administrative body;
(iii) A party to litigation or
prosecution or anticipate litigation or
prosecution before a court or an
adjudicative or other administrative
body; or
(iv) Any DOI employee acting in his
or her individual capacity if DOI or DOJ
has agreed to represent that employee or
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pay for private representation of the
employee;
(b) When:
(i) One of the following is a party to
the proceeding or matter or has an
interest in the proceeding or matter:
(A) DOI or any component of DOI;
(B) Any other Federal agency
appearing before the Office of Hearings
and Appeals;
(C) Any DOI employee acting in his or
her official capacity;
(D) Any DOI employee acting in his
or her individual capacity if DOI or DOJ
has agreed to represent that employee or
pay for private representation of the
employee; or
(E) The United States, or a State,
District, Tribe, Territory or other
government or entity vested with
prosecution authority; and
(ii) OIG deems the disclosure to be:
(A) Relevant and necessary to the
proceeding or matter, including
settlement discussions; and
(B) Compatible with the purpose for
which the records were compiled.
(2) To a congressional office in
response to a written inquiry that an
individual covered by the system, or the
heir of such individual if the covered
individual is deceased, has made to the
office.
(3) To any criminal, civil, or
regulatory law enforcement authority
(whether federal, state, territorial, local,
tribal or foreign) when a record, either
alone or in conjunction with other
information, indicates a violation or
potential violation of law—criminal,
civil, or regulatory in nature, and the
disclosure is compatible with the
purpose for which the records were
compiled.
(4) To an official of another federal
agency to provide information needed
in the performance of official duties
related to reconciling or reconstructing
data files or to enable that agency to
respond to an inquiry by the individual
to whom the record pertains.
(5) To federal, state, territorial, local,
tribal, or foreign agencies that have
requested information relevant or
necessary to the hiring, firing or
retention of an employee or contractor,
or the issuance of a security clearance,
license, contract, grant or other benefit,
when the disclosure is compatible with
the purpose for which the records were
compiled.
(6) To representatives of the National
Archives and Records Administration to
conduct records management
inspections under the authority of 44
U.S.C. §§ 2904 and 2906.
(7) To state and local governments
and tribal organizations to provide
information needed in response to court
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order and/or discovery purposes related
to litigation, when the disclosure is
compatible with the purpose for which
the records were compiled.
(8) To an expert, consultant, or
contractor (including employees of the
contractor) of DOI, that performs
services requiring access to these
records on DOI’s behalf to carry out the
purposes of the system.
(9) To appropriate agencies, entities,
and persons when:
(a) It is suspected or confirmed that
the security or confidentiality of
information in the system of records has
been compromised; and
(b) The Department has determined
that as a result of the suspected or
confirmed compromise there is a risk of
harm to economic or property interest,
identity theft or fraud, or harm to the
security or integrity of this system or
other systems or programs (whether
maintained by the Department or
another agency or entity) that rely upon
the compromised information; and
(c) The disclosure is made to such
agencies, entities and persons who are
reasonably necessary to assist in
connection with the Department’s
efforts to respond to the suspected or
confirmed compromise and prevent,
minimize, or remedy such harm.
(10) To the Office of Management and
Budget during the coordination and
clearance process in connection with
legislative affairs as mandated by OMB
Circular A–19.
(11) To the Department of the
Treasury to recover debts owed to the
United States.
(12) To the news media when the
disclosure is compatible with the
purpose for which the records were
compiled.
(13) To a consumer reporting agency
if the disclosure requirements of the
Debt Collection Act, as outlined at 31
U.S.C. 3711(e)(1), have been met.
(14) To an individual or entity, to the
extent necessary in order to seek
information relevant to a decision by
DOI concerning the hiring, assignment
or retention of an individual or other
personnel action, the issuance, renewal,
or retention or revocation of a security
clearance, the execution of a security or
suitability investigation, the letting of a
contract, or the issuance, retention or
revocation of a license, grant, or other
benefit.
(15) To an individual or entity, to the
extent necessary in order to seek
information or assistance relevant to an
OIG investigation, audit, or evaluation.
(16) To a foreign government pursuant
to an international treaty, convention, or
executive agreement entered into by the
United States.
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(17) To an authorized appeal
grievance examiner, formal complaints
examiner, equal employment
opportunity investigator, arbitrator or
other person properly engaged in an
investigation or settlement of an
administrative grievance, complaint,
claim, or appeal filed by an employee,
special studies of the civil service and
other merit systems, review of Human
Resources or component rules and
regulations, investigation of alleged or
possible prohibited personnel practices,
including administrative proceedings
involving any individual subject of an
OIG or DOI investigation, and such
other functions promulgated in 5 U.S.C.
1205–06.
(18) To a grand jury agent pursuant to
a federal or state grand jury subpoena or
in response to a prosecution request that
such record or information is released
for the purpose of its introduction to a
grand jury.
(19) To the Office of Personnel
Management (OPM) concerning
information on pay and leave, benefits,
retirement deductions, or other
information necessary for OPM to carry
out its personnel management functions
and studies.
(20) To Treasury and to the DOJ,
when the information is subject to an ex
parte court order permitting the
disclosure of return or return
information (26 U.S.C. 6103(b)) by the
Internal Revenue Service (IRS), or when
disclosure is necessary to facilitate
obtaining such an order.
(21) To the Federal Labor Relations
Authority (FLRA) when requested in
connection with investigations of
allegations of unfair labor practices or
matters before the Federal Service
Impasses Panel.
(22) To the Office of Government
Ethics (OGE) for any purpose consistent
with that office’s mission including the
compilation of statistical data.
(23) To the public when the Inspector
General determines that the disclosure
would not reasonably be expected to
constitute an unwarranted invasion of
personal privacy, and:
(a) The matter under investigation or
audit becomes public knowledge; or
(b) Disclosure is necessary to:
(1) Preserve confidence in the
integrity of the OIG audit or
investigative process: or
(2) Demonstrate the accountability of
DOI officers, employees, or individuals
covered by this system.
(24) To complainants and/or victims
to the extent necessary to provide such
persons with information and
explanations concerning the progress
and/or results of the investigation or
case arising from the matters of which
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they complained and/or of which they
were a victim.
(25) To an individual who has been
interviewed or contacted by OIG
pursuant to an audit, investigation or
evaluation, OIG may provide copies of
that individual’s statements, testimony,
or records produced.
(26) To appropriate agencies, entities,
and persons when OIG determines that
disclosure may prevent or minimize a
risk of harm to DOI programs, personnel
or property, including but not limited to
a risk of loss or misuse of funds granted
or paid by the DOI to any other agency,
entity or person.
(27) To the Council of the Inspectors
General on Integrity and Efficiency
(CIGIE), any successor entity, and other
Federal agencies and Offices of
Inspectors General, as necessary to
respond to an authorized audit,
investigation or review.
(28) To the Recovery Accountability
and Transparency Board as necessary
for any matters within the Board’s
jurisdiction.
POLICIES AND PRACTICES FOR STORING,
RETRIEVING, ACCESSING, RETAINING AND
DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
Paper records and all other media
including but not limited to
(photographs, audio recordings,
diskettes, and CD’s) are stored in file
cabinets in a secured area. Electronic
records are maintained on a file server
that is protected with user account
access controls and other appropriate
electronic security measures, and is
physically located in locked facilities
that are secured at all times by alarm
systems and video surveillance cameras.
RETRIEVABILITY:
Records are retrievable by
individual’s name, case number, or
document title.
SAFEGUARDS:
Access to paper records is restricted
to authorized personnel on a need-toknow basis. During duty hours, paper
records are located in file cabinets in
OIG space occupied by authorized
personnel. During non-duty hours,
paper records and other physical media
are maintained in locked cabinets
located in appropriately secured OIG
space. Access to electronic records is
restricted to authorized personnel who
use them for official purposes. Each
person granted access to the system
must be individually authorized to use
the system. Security of the system and
records therein is maintained through
the use of passwords and other
electronic security measures. Passwords
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are changed on a cyclical basis. These
computer servers are located in locked
facilities that are secured at all times by
alarm systems and video surveillance
cameras. During non-duty hours the
alarm system provides immediate
notification of any attempted intrusion
to OIG Information Technology
personnel. All data exchanged between
the servers and individual personal
computers is encrypted. Backup tapes
are stored in a locked and controlled
room in a secure, off-site location.
Measures have been taken to ensure that
the handling of this information meets
the requirements of the Department of
the Interior’s Privacy Act regulations, 43
CFR 2.51. A Privacy Impact Assessment
was conducted and recently updated
regarding the electronic records within
OIG–2. The assessment verified that
appropriate controls and safeguards are
in place. Safeguards include, but are not
limited to, a requirement restricting
access to the system to OIG personnel
who have a ‘‘need to know’’ and have
been granted authority by the System
Manager. The records and system
security plan is prepared in a way to
reduce the impact to the individual’s
privacy and to manage the system on a
‘‘need to know’’ basis according to the
Privacy Act.
All personnel within OIG, including
all personnel with access to records in
OIG–2, are required to complete Privacy
Act, Records Management, and IT
Security Awareness training on an
annual basis.
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Records relating to persons covered
by this system are retained for ten years
after the completion of the investigation
and/or action based thereon at the U.S.
Department of the Interior, Office of
Inspector General, 1849 C St., NW.,
Washington DC 20240. After ten years
records are transferred to the National
Archives and Records Administration.
Subpoena log and subpoenaed records
are destroyed or returned when no
longer needed for agency use. Records
are disposed of under applicable
guidelines. See 384 DM 1. The records
control schedule and disposal standards
may be obtained by writing to the
Systems Manager at the address below.
The specific records schedule covering
the system is found in the United States
Department of the Interior, Office of
Secretary, Comprehensive Records
Disposal Schedule, Subcategory G,
Audit and Investigation, Item 2,
Investigative Records.
SYSTEM MANAGER AND ADDRESS:
Assistant Inspector General for
Investigations, Office of Inspector
15:29 Sep 28, 2011
RECORD SOURCE CATEGORIES:
As an investigative agency focusing
on the activities of the DOI, OIG collects
information from all relevant sources.
These include (1) The DOI, its bureaus
and components, and all employees and
agents; (2) other federal and non-federal
government agencies, and their
employees and agents, having business
with the DOI; (3) non-government
entities, and their employees and
agents, having business with the DOI;
(4) any entity or individual, including
members of the public, who make
complaints to OIG regarding activities of
the DOI or who have information that is
relevant to our investigations.
EXEMPTIONS CLAIMED FOR THE SYSTEM:
Pursuant to 5 U.S.C. 552a(j)(2) the
system is exempt from all of 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 (i) and regulations implementing
these provisions. 43 CFR 2.79(a); see
also 48 FR 37536–03 (August 18, 1983);
48 FR 37411–01 (August 18, 1983).
Pursuant to 5 U.S.C. 552a(k)(2), the
system is exempt from 5 U.S.C. 552a
subsections (c)(3), (d), (e)(1), (e)(4)(G),
(H), and (I), and (f) and regulations
implementing these provisions. 43 CFR
2.79(b).
[FR Doc. 2011–25069 Filed 9–28–11; 8:45 am]
BILLING CODE 4310–10–P
RETENTION AND DISPOSAL:
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General, U.S. Department of the Interior,
1849 C St., NW., Mail Stop 4428,
Washington, DC 20240.
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS–R7–R–2011–N136; 70133–1265–0000–
S3]
Selawik National Wildlife Refuge,
Kotzebue, AK; Revised
Comprehensive Conservation Plan and
Finding of No Significant Impact for
Environmental Assessment
Fish and Wildlife Service,
Interior.
ACTION: Notice of availability.
AGENCY:
We, the Fish and Wildlife
Service (Service, USFWS), announce the
availability of our revised
comprehensive conservation plan (CCP)
and finding of no significant impact
(FONSI) for the Selawik National
Wildlife Refuge (Refuge). In this revised
CCP, we describe how we will manage
the Refuge for the next 15 years.
ADDRESSES: You may view or obtain
copies of the revised CCP and FONSI by
SUMMARY:
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any of the following methods. You may
request a paper copy, a summary, or a
CD–ROM containing both.
You may request hard copies or a CD–
ROM of the document.
Agency Web Site: Download a copy of
the document at https://alaska.fws.gov/
nwr/planning/plans.htm.
E-mail: selawik_planning@fws.gov;
please include ‘‘Selawik National
Wildlife Refuge CCP’’ in the subject line
of the message.
Fax: Attn: Jeffrey Brooks, (907) 786–
3965, or Lee Anne Ayres, (907) 442–
3124.
U.S. Mail: Jeffrey Brooks, U.S. Fish
and Wildlife Service Regional Office,
1011 E. Tudor Road Mailstop 231,
Anchorage, AK 99503.
In-Person Viewing or Pickup: Call
(907) 786–3357 to make an appointment
during regular business hours at the
above address; or call (907) 442–3799 to
make an appointment during regular
business hours at the Selawik Refuge
Headquarters in Kotzebue, AK.
FOR FURTHER INFORMATION CONTACT:
Jeffrey Brooks, Planning Team Leader, at
the above address, by phone at (907)
786–3839, or by e-mail at
selawik_planning@fws.gov.
SUPPLEMENTARY INFORMATION:
Introduction
With this notice, we finalize the
revised CCP for Selawik National
Wildlife Refuge. We started this process
through a notice of intent in the Federal
Register (73 FR 57143; October 1, 2008).
We made available our draft CCP and
Environmental Assessment (EA) and
requested comments in a notice of
availability in the Federal Register (75
FR 65026, October 21, 2010). The draft
CCP and EA evaluated three alternatives
for managing the Refuge for the next 15
years.
The Selawik National Wildlife Refuge
was established by the Alaska National
Interest Lands Conservation Act
(ANILCA) in 1980. Selawik Refuge
straddles the Arctic Circle in
northwestern Alaska, encompassing an
area approximately the size of
Connecticut. Refuge boundaries
encompass approximately 3.2 million
acres, of which approximately 2.5
million acres are administered by the
U.S. Fish and Wildlife Service. Section
302(7)(B) of ANILCA states the purposes
for which the Selawik Refuge was
established: (1) To conserve fish and
wildlife populations and habitats in
their natural diversity; (2) to fulfill
international treaty obligations of the
United States with respect to fish and
wildlife and their habitats; (3) to
provide the opportunity for continued
E:\FR\FM\29SEN1.SGM
29SEN1
]]>Agencies
[Federal Register Volume 76, Number 189 (Thursday, September 29, 2011)]
[Notices]
[Pages 60519-60522]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-25069]
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DEPARTMENT OF THE INTERIOR
Privacy Act of 1974; as Amended; Notice To Amend an Existing
System of Records
AGENCY: Office of Inspector General, Interior.
ACTION: Notice of amendment to an existing system of records.
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SUMMARY: Pursuant to the provisions of the Privacy Act of 1974, as
amended (5 U.S.C. 552a), the Department of the Interior (DOI) is
issuing a public notice of its intent to amend the Office of Inspector
General (OIG) Investigative Records system of records notice. The
amendment includes a consolidated and updated list of routine uses. The
amended system of records is captioned ``Investigative Records--
Interior, Office of Inspector General--2 (OIG-2).'' This system of
records OIG-2 was first published in the Federal Register on April 11,
1977 (42 FR 19014). The system was last revised on August 18, 1983 (48
FR 37536).
DATES: Comments must be received by November 8, 2011. This system will
be effective November 8, 2011.
ADDRESSES: Any person interested in commenting on this amendment may do
so by any of the following methods listed below.
Electronic Comments
Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions on the Web site for submitting comments.
E-mail: Privacy@doioig.gov. Please submit Internet
comments as an ASCII file and avoid the use of special characters and
any form of encryption.
Paper Comments
Regular U.S. Mail: Sandra Evans, FOIA/Privacy Act Officer,
Office of Inspector General, U.S. Department of the Interior, 1849 C
Street, NW., Mail Stop--4428, Washington, DC 20240.
Overnight mail, courier, or hand delivery: Sandra Evans,
FOIA/Privacy Act Officer, Office of Inspector General, U.S. Department
of the Interior, 1849 C Street, NW., Mail Stop-4428, Washington, DC
20240.
The OIG will post all comments on the OIG Web site (https://www.doioig.gov). Comments will be posted without change, and therefore
submissions should only contain information that the commenter wishes
to make publicly available.
FOR FURTHER INFORMATION CONTACT: Sandra Evans, FOIA/Privacy Act
Officer, Office of Inspector General, U.S. Department of the Interior,
1849 C Street, NW., Mail Stop--4428, Washington, DC 20240, Sandra_Evans@doioig.gov.
SUPPLEMENTARY INFORMATION: The Office of Inspector General--Office of
Investigations, and Regional Offices, maintain the above-entitled
system of records. The purpose of this system is to store certain
investigative case files and other materials created or gathered in the
course of an official investigation. Records maintained in the system
are
[[Page 60520]]
sensitive but unclassified. The amendments to the system will be
effective as proposed at the end of the comment period (the comment
period will end 40 days after the publication of this notice in the
Federal Register), unless comments are received which would require a
contrary determination. DOI will publish a revised notice if changes
are made based upon a review of the comments received.
Dated: September 23, 2011.
Sandra Evans,
FOIA/Privacy Act Officer, Office of Inspector General
System Name:
Investigative Records--Interior, Office of Inspector General--2
(OIG-2).
System Locations:
(1) U.S. Department of the Interior, Office of Inspector General,
1849 C Street, NW., Washington DC 20240; (2) Office of Inspector
General, 12030 Sunrise Valley Drive, Reston, VA 20191; (3) Office of
Inspector General Regional Offices, Regional sub-offices (a current
listing of these offices may be obtained by writing to the System
Manager); and (4) Investigative site during the course of an
investigation.
Categories Of Individuals Covered By The System:
Current former and prospective employees of the Department of the
Interior (``DOI''), complainants, witnesses, confidential and non-
confidential informants, contractors, subcontractors, recipients of
federal assistance or funds and their contractor/subcontractors and
employees, alleged violators of DOI rules and regulations, union
officials, individuals investigated and interviewed, persons suspected
of violations of administrative, civil and criminal provisions,
grantees, sub-grantees, lessees, licensees, and other persons engaged
in business with the DOI or having contact with the DOI or geographical
areas under its jurisdiction.
Categories Of Records In The System:
Records related to investigations conducted by the OIG, including:
(1) Complaints, requests to investigate, and administrative
referrals;
(2) Records of case initiation including the following data fields:
case number, title of case, dates, offices/personnel assigned, summary;
(3) Documents, statements, and information of any kind gathered
through investigation;
(4) Reports, correspondence, notes and memoranda generated by OIG
regarding investigations;
(5) Records on complainants, subjects, victims, witnesses
containing the following data fields: name, status as government
employee, social security number, birth date, birth place, aliases,
group affiliation, employment information, government employment
information, government employee type, grade, agency, address, phone
number, e-mail address, and photo.
Authority For Maintenance of the System:
Inspector General Act of 1978, 5 U.S.C. App. 3, 1-12, as amended.
Routine Uses of Records Maintained in the System, Including Categories
of Users and the Purposes of Such Uses:
The primary use of the records is to facilitate the OIG's various
responsibilities under the Inspector General Act of 1978, as amended.
The OIG is statutorily directed to conduct and supervise investigations
relating to programs and operations of the Department of the Interior
(DOI), to promote economy, efficiency, and effectiveness in the
administration of such programs and operations, and to prevent and
detect fraud, waste, and abuse in such programs and operations.
Accordingly, records in this system are used within the DOI and OIG in
the course of investigating individuals and entities suspected of
misconduct, waste, fraud, and abuse, other illegal or unethical acts
and in conducting related criminal prosecutions, civil proceedings, and
administrative actions. These records are also used to fulfill
reporting requirements, to maintain records related to the OIG's
activities, and to prepare and issue reports to Congress, the DOI and
its components, the Department of Justice, the public and other
entities as appropriate within the mission of the OIG.
Disclosures outside DOI may be made without the consent of the
individual to whom the record pertains under the routine uses listed
below:
For purposes of these routine uses, references to DOI or the
Department shall include OIG.
(1)(a) To any of the following entities or individuals, when the
circumstances set forth in subparagraph (b) are met:
(i) The U.S. Department of Justice (DOJ);
(ii) A court or an adjudicative or other administrative body;
(iii) A party to litigation or prosecution or anticipate litigation
or prosecution before a court or an adjudicative or other
administrative body; or
(iv) Any DOI employee acting in his or her individual capacity if
DOI or DOJ has agreed to represent that employee or pay for private
representation of the employee;
(b) When:
(i) One of the following is a party to the proceeding or matter or
has an interest in the proceeding or matter:
(A) DOI or any component of DOI;
(B) Any other Federal agency appearing before the Office of
Hearings and Appeals;
(C) Any DOI employee acting in his or her official capacity;
(D) Any DOI employee acting in his or her individual capacity if
DOI or DOJ has agreed to represent that employee or pay for private
representation of the employee; or
(E) The United States, or a State, District, Tribe, Territory or
other government or entity vested with prosecution authority; and
(ii) OIG deems the disclosure to be:
(A) Relevant and necessary to the proceeding or matter, including
settlement discussions; and
(B) Compatible with the purpose for which the records were
compiled.
(2) To a congressional office in response to a written inquiry that
an individual covered by the system, or the heir of such individual if
the covered individual is deceased, has made to the office.
(3) To any criminal, civil, or regulatory law enforcement authority
(whether federal, state, territorial, local, tribal or foreign) when a
record, either alone or in conjunction with other information,
indicates a violation or potential violation of law--criminal, civil,
or regulatory in nature, and the disclosure is compatible with the
purpose for which the records were compiled.
(4) To an official of another federal agency to provide information
needed in the performance of official duties related to reconciling or
reconstructing data files or to enable that agency to respond to an
inquiry by the individual to whom the record pertains.
(5) To federal, state, territorial, local, tribal, or foreign
agencies that have requested information relevant or necessary to the
hiring, firing or retention of an employee or contractor, or the
issuance of a security clearance, license, contract, grant or other
benefit, when the disclosure is compatible with the purpose for which
the records were compiled.
(6) To representatives of the National Archives and Records
Administration to conduct records management inspections under the
authority of 44 U.S.C. Sec. Sec. 2904 and 2906.
(7) To state and local governments and tribal organizations to
provide information needed in response to court
[[Page 60521]]
order and/or discovery purposes related to litigation, when the
disclosure is compatible with the purpose for which the records were
compiled.
(8) To an expert, consultant, or contractor (including employees of
the contractor) of DOI, that performs services requiring access to
these records on DOI's behalf to carry out the purposes of the system.
(9) To appropriate agencies, entities, and persons when:
(a) It is suspected or confirmed that the security or
confidentiality of information in the system of records has been
compromised; and
(b) The Department has determined that as a result of the suspected
or confirmed compromise there is a risk of harm to economic or property
interest, identity theft or fraud, or harm to the security or integrity
of this system or other systems or programs (whether maintained by the
Department or another agency or entity) that rely upon the compromised
information; and
(c) The disclosure is made to such agencies, entities and persons
who are reasonably necessary to assist in connection with the
Department's efforts to respond to the suspected or confirmed
compromise and prevent, minimize, or remedy such harm.
(10) To the Office of Management and Budget during the coordination
and clearance process in connection with legislative affairs as
mandated by OMB Circular A-19.
(11) To the Department of the Treasury to recover debts owed to the
United States.
(12) To the news media when the disclosure is compatible with the
purpose for which the records were compiled.
(13) To a consumer reporting agency if the disclosure requirements
of the Debt Collection Act, as outlined at 31 U.S.C. 3711(e)(1), have
been met.
(14) To an individual or entity, to the extent necessary in order
to seek information relevant to a decision by DOI concerning the
hiring, assignment or retention of an individual or other personnel
action, the issuance, renewal, or retention or revocation of a security
clearance, the execution of a security or suitability investigation,
the letting of a contract, or the issuance, retention or revocation of
a license, grant, or other benefit.
(15) To an individual or entity, to the extent necessary in order
to seek information or assistance relevant to an OIG investigation,
audit, or evaluation.
(16) To a foreign government pursuant to an international treaty,
convention, or executive agreement entered into by the United States.
(17) To an authorized appeal grievance examiner, formal complaints
examiner, equal employment opportunity investigator, arbitrator or
other person properly engaged in an investigation or settlement of an
administrative grievance, complaint, claim, or appeal filed by an
employee, special studies of the civil service and other merit systems,
review of Human Resources or component rules and regulations,
investigation of alleged or possible prohibited personnel practices,
including administrative proceedings involving any individual subject
of an OIG or DOI investigation, and such other functions promulgated in
5 U.S.C. 1205-06.
(18) To a grand jury agent pursuant to a federal or state grand
jury subpoena or in response to a prosecution request that such record
or information is released for the purpose of its introduction to a
grand jury.
(19) To the Office of Personnel Management (OPM) concerning
information on pay and leave, benefits, retirement deductions, or other
information necessary for OPM to carry out its personnel management
functions and studies.
(20) To Treasury and to the DOJ, when the information is subject to
an ex parte court order permitting the disclosure of return or return
information (26 U.S.C. 6103(b)) by the Internal Revenue Service (IRS),
or when disclosure is necessary to facilitate obtaining such an order.
(21) To the Federal Labor Relations Authority (FLRA) when requested
in connection with investigations of allegations of unfair labor
practices or matters before the Federal Service Impasses Panel.
(22) To the Office of Government Ethics (OGE) for any purpose
consistent with that office's mission including the compilation of
statistical data.
(23) To the public when the Inspector General determines that the
disclosure would not reasonably be expected to constitute an
unwarranted invasion of personal privacy, and:
(a) The matter under investigation or audit becomes public
knowledge; or
(b) Disclosure is necessary to:
(1) Preserve confidence in the integrity of the OIG audit or
investigative process: or
(2) Demonstrate the accountability of DOI officers, employees, or
individuals covered by this system.
(24) To complainants and/or victims to the extent necessary to
provide such persons with information and explanations concerning the
progress and/or results of the investigation or case arising from the
matters of which they complained and/or of which they were a victim.
(25) To an individual who has been interviewed or contacted by OIG
pursuant to an audit, investigation or evaluation, OIG may provide
copies of that individual's statements, testimony, or records produced.
(26) To appropriate agencies, entities, and persons when OIG
determines that disclosure may prevent or minimize a risk of harm to
DOI programs, personnel or property, including but not limited to a
risk of loss or misuse of funds granted or paid by the DOI to any other
agency, entity or person.
(27) To the Council of the Inspectors General on Integrity and
Efficiency (CIGIE), any successor entity, and other Federal agencies
and Offices of Inspectors General, as necessary to respond to an
authorized audit, investigation or review.
(28) To the Recovery Accountability and Transparency Board as
necessary for any matters within the Board's jurisdiction.
POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING
AND DISPOSING OF RECORDS IN THE SYSTEM:
Storage:
Paper records and all other media including but not limited to
(photographs, audio recordings, diskettes, and CD's) are stored in file
cabinets in a secured area. Electronic records are maintained on a file
server that is protected with user account access controls and other
appropriate electronic security measures, and is physically located in
locked facilities that are secured at all times by alarm systems and
video surveillance cameras.
Retrievability:
Records are retrievable by individual's name, case number, or
document title.
Safeguards:
Access to paper records is restricted to authorized personnel on a
need-to-know basis. During duty hours, paper records are located in
file cabinets in OIG space occupied by authorized personnel. During
non-duty hours, paper records and other physical media are maintained
in locked cabinets located in appropriately secured OIG space. Access
to electronic records is restricted to authorized personnel who use
them for official purposes. Each person granted access to the system
must be individually authorized to use the system. Security of the
system and records therein is maintained through the use of passwords
and other electronic security measures. Passwords
[[Page 60522]]
are changed on a cyclical basis. These computer servers are located in
locked facilities that are secured at all times by alarm systems and
video surveillance cameras. During non-duty hours the alarm system
provides immediate notification of any attempted intrusion to OIG
Information Technology personnel. All data exchanged between the
servers and individual personal computers is encrypted. Backup tapes
are stored in a locked and controlled room in a secure, off-site
location. Measures have been taken to ensure that the handling of this
information meets the requirements of the Department of the Interior's
Privacy Act regulations, 43 CFR 2.51. A Privacy Impact Assessment was
conducted and recently updated regarding the electronic records within
OIG-2. The assessment verified that appropriate controls and safeguards
are in place. Safeguards include, but are not limited to, a requirement
restricting access to the system to OIG personnel who have a ``need to
know'' and have been granted authority by the System Manager. The
records and system security plan is prepared in a way to reduce the
impact to the individual's privacy and to manage the system on a ``need
to know'' basis according to the Privacy Act.
All personnel within OIG, including all personnel with access to
records in OIG-2, are required to complete Privacy Act, Records
Management, and IT Security Awareness training on an annual basis.
Retention And Disposal:
Records relating to persons covered by this system are retained for
ten years after the completion of the investigation and/or action based
thereon at the U.S. Department of the Interior, Office of Inspector
General, 1849 C St., NW., Washington DC 20240. After ten years records
are transferred to the National Archives and Records Administration.
Subpoena log and subpoenaed records are destroyed or returned when no
longer needed for agency use. Records are disposed of under applicable
guidelines. See 384 DM 1. The records control schedule and disposal
standards may be obtained by writing to the Systems Manager at the
address below. The specific records schedule covering the system is
found in the United States Department of the Interior, Office of
Secretary, Comprehensive Records Disposal Schedule, Subcategory G,
Audit and Investigation, Item 2, Investigative Records.
System Manager And Address:
Assistant Inspector General for Investigations, Office of Inspector
General, U.S. Department of the Interior, 1849 C St., NW., Mail Stop
4428, Washington, DC 20240.
Record Source Categories:
As an investigative agency focusing on the activities of the DOI,
OIG collects information from all relevant sources. These include (1)
The DOI, its bureaus and components, and all employees and agents; (2)
other federal and non-federal government agencies, and their employees
and agents, having business with the DOI; (3) non-government entities,
and their employees and agents, having business with the DOI; (4) any
entity or individual, including members of the public, who make
complaints to OIG regarding activities of the DOI or who have
information that is relevant to our investigations.
EXEMPTIONS CLAIMED FOR THE SYSTEM:
Pursuant to 5 U.S.C. 552a(j)(2) the system is exempt from all of
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 (i) and
regulations implementing these provisions. 43 CFR 2.79(a); see also 48
FR 37536-03 (August 18, 1983); 48 FR 37411-01 (August 18, 1983).
Pursuant to 5 U.S.C. 552a(k)(2), the system is exempt from 5 U.S.C.
552a subsections (c)(3), (d), (e)(1), (e)(4)(G), (H), and (I), and (f)
and regulations implementing these provisions. 43 CFR 2.79(b).
[FR Doc. 2011-25069 Filed 9-28-11; 8:45 am]
BILLING CODE 4310-10-P
