Privacy Act of 1974: Implementation of Exemptions; U.S. Department of Homeland Security/Office of Inspector General-002 Investigative Records System of Records, 4125-4126 [2022-01559]

Download as PDF 4125 Rules and Regulations Federal Register Vol. 87, No. 18 Thursday, January 27, 2022 This section of the FEDERAL REGISTER contains regulatory documents having general applicability and legal effect, most of which are keyed to and codified in the Code of Federal Regulations, which is published under 50 titles pursuant to 44 U.S.C. 1510. The Code of Federal Regulations is sold by the Superintendent of Documents. DEPARTMENT OF HOMELAND SECURITY Office of the Secretary 6 CFR Part 5 [Docket No. DHS–2022–0007] Privacy Act of 1974: Implementation of Exemptions; U.S. Department of Homeland Security/Office of Inspector General–002 Investigative Records System of Records Office of Inspector General, U.S. Department of Homeland Security. ACTION: Final rule. AGENCY: The U.S. Department of Homeland Security (DHS) is issuing a final rule to amend its regulations to exempt portions of a modified system of records titled, ‘‘DHS/Office of Inspector General (OIG)–002 Investigative Records System of Records’’ from certain provisions of the Privacy Act. Specifically, the Department exempts portions of the system of records from one or more provisions of the Privacy Act because of criminal, civil, and administrative enforcement requirements. SUMMARY: This final rule is effective January 27, 2022. DATES: For general and privacy questions, please contact: Lynn Parker Dupree, (202) 343– 1717, Privacy@hq.dhs.gov, Chief Privacy Officer, Privacy Office, U.S. Department of Homeland Security, Washington, DC 20528–0655. SUPPLEMENTARY INFORMATION: FOR FURTHER INFORMATION CONTACT: lotter on DSK11XQN23PROD with RULES1 Background The U.S. Department of Homeland Security (DHS) Office of Inspector General (OIG) published a notice of proposed rulemaking in the Federal Register, 86 FR 58226 (October 21, 2021), proposing to exempt portions of the system of records from one or more provisions of the Privacy Act because of VerDate Sep<11>2014 16:00 Jan 26, 2022 Jkt 256001 criminal, civil, and administrative enforcement requirements. The system of records is the DHS/OIG–002 Investigative Records System of Records. The DHS/OIG–002 Investigative Records System of Records notice was published concurrently in the Federal Register, 86 FR 58292 (October 21, 2021), and comments were invited on both the Notice of Proposed Rulemaking (NPRM) and System of Records Notice (SORN). DHS OIG is responsible for a wide range of oversight functions, including to initiate, conduct, supervise, and coordinate audits, investigations, inspections, and other reviews relating to the programs and operations of DHS. The DHS/OIG–002 Investigative Records System of Records assists DHS OIG with receiving and processing allegations of misconduct, including violations of criminal and civil laws, as well as administrative policies and regulations pertaining to DHS employees, contractors, grantees, and other individuals and entities within DHS. The system includes complaints and investigation-related files. DHS OIG manages information provided during the course of its investigations to: Create records showing dispositions of allegations; audit actions taken by DHS management regarding employee misconduct; audit legal actions taken following referrals to the U.S. Department of Justice (DOJ) for criminal prosecution or civil action; calculate and report statistical information; manage OIG investigators’ training; and manage Government-issued investigative property and other resources used for investigative activities. Public Comments DHS received one comment on the System of Records Notice and zero comments on the Notice of Proposed Rulemaking. The comment received was in agreement with the Department moving forward with the rulemaking and notice. As such, the Department will implement the rulemaking as proposed. List of Subjects in 6 CFR Part 5 Freedom of information, Privacy. For the reasons stated in the preamble, DHS amends chapter I of title 6, Code of Federal Regulations, as follows: PO 00000 Frm 00001 Fmt 4700 Sfmt 4700 PART 5—DISCLOSURE OF RECORDS AND INFORMATION 1. The authority citation for part 5 continues to read as follows: ■ Authority: 6 U.S.C. 101 et seq.; Pub. L. 107–296, 116 Stat. 2135; 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. In appendix C to part 5, revise section 5 to read as follows: ■ Appendix C to Part 5—DHS Systems of Records Exempt From the Privacy Act * * * * * 5. The DHS/OIG–002 Investigative Records System of Records consists of electronic and paper records and will be used by DHS and its components. The DHS/OIG–002 Investigative Records System of Records is a repository of information held by DHS in connection with its several and varied missions and functions, including, but not limited to the enforcement of civil and criminal laws; investigations, inquiries, and proceedings there under; national security and intelligence activities; and protection of the President of the U.S. or other individuals pursuant to Section 3056 and 3056A of Title 18. The DHS/OIG–002 Investigative Records System of Records contains information that is collected by, on behalf of, in support of, or in cooperation with DHS and its components and may contain personally identifiable information collected by other Federal, State, local, tribal, foreign, or international government agencies. The Secretary of Homeland Security, pursuant to 5 U.S.C. 552a(j)(2), has exempted this system from the following provisions of the Privacy Act: 5 U.S.C. 552a(c)(3), (c)(4); (d); (e)(1), (e)(2), (e)(3), (e)(4)(G), (e)(4)(H), (e)(4)(I), (e)(5), (e)(8), (f); and (g)(1). Additionally, the Secretary of Homeland Security, pursuant to 5 U.S.C. 552a(k)(1), (k)(2), and (k)(5), has exempted this system from the following provisions of the Privacy Act, 5 U.S.C. 552a(c)(3); (d); (e)(1), (e)(4)(G), (e)(4)(H), (e)(4)(I), and (f). Exemptions from these particular subsections are justified, on a caseby-case basis to be determined at the time a request is made, for the following reasons: (a) From subsection (c)(3) and (4) (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 that 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 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, to tamper with witnesses or E:\FR\FM\27JAR1.SGM 27JAR1 lotter on DSK11XQN23PROD with RULES1 4126 Federal Register / Vol. 87, No. 18 / Thursday, January 27, 2022 / Rules and Regulations evidence, and to avoid detection or apprehension, which would undermine the entire investigative process. When an investigation has been completed, information on disclosures made may continue to be exempted if the fact that an investigation occurred remains sensitive after completion. (b) From subsection (d) (Access and Amendment 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 that 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, to tamper with witnesses or evidence, and to avoid detection or apprehension. Amendment of the records could interfere with ongoing investigations and law enforcement activities and would impose an unreasonable administrative burden by requiring investigations to be continually 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 to the nature or existence of the investigation, thereby interfering with that investigation and related law enforcement activities. (e) From subsection (e)(3) (Notice to Subjects) because providing such detailed information could impede law enforcement by compromising the existence of a confidential investigation or reveal the identity of witnesses or confidential informants. (f) From subsections (e)(4)(G), (H), and (I) (Agency Requirements) and (f) (Agency Rules), because portions of this system are exempt from the individual access provisions of subsection (d) for the reasons noted above, and therefore DHS is not required to establish requirements, rules, or procedures with respect to such access. Providing notice to individuals with respect to existence of records pertaining to them in the system of records or otherwise setting up procedures pursuant to which individuals may access and view records pertaining to themselves in the system would undermine investigative efforts and reveal the identities of witnesses, and potential witnesses, and confidential informants. (g) From subsection (e)(5) (Collection of Information) because with the collection of VerDate Sep<11>2014 16:00 Jan 26, 2022 Jkt 256001 information for law enforcement purposes, it is impossible to determine in advance what information is accurate, relevant, timely, and complete. Compliance with subsection (e)(5) would preclude DHS 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 DHS’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. (j) From subsection (g)(1) (Civil Remedies) to the extent that the system is exempt from other specific subsections of the Privacy Act. * * * * * Lynn P. Dupree, Chief Privacy Officer, U.S. Department of Homeland Security. [FR Doc. 2022–01559 Filed 1–26–22; 8:45 am] BILLING CODE 9110–9B–P DEPARTMENT OF AGRICULTURE Food and Nutrition Service 7 CFR Parts 210 and 226 [FNS–2011–0029] RIN 0584–AE18 CACFP Meal Pattern Revisions Related to the Healthy, Hunger-Free Kids Act of 2010; Correcting Amendments Food and Nutrition Service (FNS), Department of Agriculture (USDA). ACTION: Correcting amendments. AGENCY: On October 18, 2021, the Food and Nutrition Service revised rules concerning meal pattern tables for the National School Lunch Program and the Child and Adult Care Food Program. The document contained incorrect table entries. This document corrects the final regulations. DATES: Effective January 27, 2022 and applicable beginning October 1, 2021. FOR FURTHER INFORMATION CONTACT: Alice McKenney, Branch Chief, Child Nutrition Division, 703–305–2590. SUPPLEMENTARY INFORMATION: This is a correcting amendment to the Food and Nutrition Service’s (FNS’s) technical amendments published October 18, 2021 (86 FR 57544). The technical amendments inadvertently omitted a distinct value for ready-to-eat cereal requirements in two of the tables and misprinted the amount of yogurt required in one of the tables. This amendment also corrects a typographical error related to the SUMMARY: PO 00000 Frm 00002 Fmt 4700 Sfmt 4700 amount of milk required in one of the tables. Prior to the technical amendment published on October 18, 2021, both infant cereal and ready-to-eat breakfast cereal requirements were presented in tablespoons; 0–4 tablespoons of either type of cereal were required for infants when cereal was served as a snack. In Table 6 to 7 CFR 210.10(o)(4)(ii) for Infant Snack Meal Pattern and Table 1 to 7 CFR 226.20(b)(5) for Infant Meal Patterns, the correct conversion of 0–4 tablespoons of ready-to-eat breakfast cereal to ounces is 0 to 1⁄4 ounce equivalents, not 0 to 1⁄2 ounce equivalents as was erroneously printed in the October 18, 2021, amendment. In Table 4 to 7 CFR 226.20(c)(3) for Child and Adult Care Food Program Snack, four of the columns (Ages 1–2, 3–5, 6– 12, and 13–18) included misprints for yogurt amounts; ‘‘2 ounces or 1⁄2 cup’’ is being corrected to ‘‘2 ounces or 1⁄4 cup’’ and ‘‘4 ounces or 3⁄4 cup’’ is being corrected to ‘‘4 ounces or 1⁄2 cup’’. In the same table, the amount of milk for ages 3–5 is being corrected from 6 fluid ounces to 4 fluid ounces. The reference to 6 fluid ounces was an error when converting 1⁄2 cup to fluid ounces in the Child Nutrition Programs: Flexibilities for Milk, Whole Grains, and Sodium Requirements (83 FR 63775 (Dec. 12, 2018)) which inadvertently carried forward into the October 18, 2021, technical correction. List of Subjects 7 CFR Part 210 Grant programs—education, Grant programs—health, Infants and children, Nutrition, Penalties, Reporting and recordkeeping requirements, School breakfast and lunch programs, Surplus agricultural commodities. 7 CFR Part 226 Accounting, Aged, American Indians, Day care, Food assistance programs, Grant programs, Grant programs— health, Individuals with disabilities, Infants and children, Intergovernmental relations, Loan programs, Reporting and recordkeeping requirements, Surplus agricultural commodities. Accordingly, FNS amends 7 CFR parts 210 and 226 by making the following correcting amendments: PART 210—NATIONAL SCHOOL LUNCH PROGRAM 1. The authority citation for part 210 continues to read as follows: ■ Authority: 42 U.S.C. 1751–1760, 1779. 2. Amend § 210.10 by revising table 6 to paragraph (o)(4)(ii) to read as follows: ■ E:\FR\FM\27JAR1.SGM 27JAR1

Agencies

[Federal Register Volume 87, Number 18 (Thursday, January 27, 2022)]
[Rules and Regulations]
[Pages 4125-4126]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-01559]



========================================================================
Rules and Regulations
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains regulatory documents 
having general applicability and legal effect, most of which are keyed 
to and codified in the Code of Federal Regulations, which is published 
under 50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by the Superintendent of Documents. 

========================================================================


Federal Register / Vol. 87, No. 18 / Thursday, January 27, 2022 / 
Rules and Regulations

[[Page 4125]]



 DEPARTMENT OF HOMELAND SECURITY

Office of the Secretary

6 CFR Part 5

[Docket No. DHS-2022-0007]


Privacy Act of 1974: Implementation of Exemptions; U.S. 
Department of Homeland Security/Office of Inspector General-002 
Investigative Records System of Records

AGENCY: Office of Inspector General, U.S. Department of Homeland 
Security.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY:  The U.S. Department of Homeland Security (DHS) is issuing a 
final rule to amend its regulations to exempt portions of a modified 
system of records titled, ``DHS/Office of Inspector General (OIG)-002 
Investigative Records System of Records'' from certain provisions of 
the Privacy Act. Specifically, the Department exempts portions of the 
system of records from one or more provisions of the Privacy Act 
because of criminal, civil, and administrative enforcement 
requirements.

DATES:  This final rule is effective January 27, 2022.

FOR FURTHER INFORMATION CONTACT: For general and privacy questions, 
please contact: Lynn Parker Dupree, (202) 343-1717, [email protected], 
Chief Privacy Officer, Privacy Office, U.S. Department of Homeland 
Security, Washington, DC 20528-0655.

SUPPLEMENTARY INFORMATION:

Background

    The U.S. Department of Homeland Security (DHS) Office of Inspector 
General (OIG) published a notice of proposed rulemaking in the Federal 
Register, 86 FR 58226 (October 21, 2021), proposing to exempt portions 
of the system of records from one or more provisions of the Privacy Act 
because of criminal, civil, and administrative enforcement 
requirements. The system of records is the DHS/OIG-002 Investigative 
Records System of Records. The DHS/OIG-002 Investigative Records System 
of Records notice was published concurrently in the Federal Register, 
86 FR 58292 (October 21, 2021), and comments were invited on both the 
Notice of Proposed Rulemaking (NPRM) and System of Records Notice 
(SORN).
    DHS OIG is responsible for a wide range of oversight functions, 
including to initiate, conduct, supervise, and coordinate audits, 
investigations, inspections, and other reviews relating to the programs 
and operations of DHS. The DHS/OIG-002 Investigative Records System of 
Records assists DHS OIG with receiving and processing allegations of 
misconduct, including violations of criminal and civil laws, as well as 
administrative policies and regulations pertaining to DHS employees, 
contractors, grantees, and other individuals and entities within DHS. 
The system includes complaints and investigation-related files. DHS OIG 
manages information provided during the course of its investigations 
to: Create records showing dispositions of allegations; audit actions 
taken by DHS management regarding employee misconduct; audit legal 
actions taken following referrals to the U.S. Department of Justice 
(DOJ) for criminal prosecution or civil action; calculate and report 
statistical information; manage OIG investigators' training; and manage 
Government-issued investigative property and other resources used for 
investigative activities.

Public Comments

    DHS received one comment on the System of Records Notice and zero 
comments on the Notice of Proposed Rulemaking. The comment received was 
in agreement with the Department moving forward with the rulemaking and 
notice. As such, the Department will implement the rulemaking as 
proposed.

List of Subjects in 6 CFR Part 5

    Freedom of information, Privacy.

    For the reasons stated in the preamble, DHS amends chapter I of 
title 6, Code of Federal Regulations, as follows:

PART 5--DISCLOSURE OF RECORDS AND INFORMATION

0
1. The authority citation for part 5 continues to read as follows:

    Authority:  6 U.S.C. 101 et seq.; Pub. L. 107-296, 116 Stat. 
2135; 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.


0
2. In appendix C to part 5, revise section 5 to read as follows:

Appendix C to Part 5--DHS Systems of Records Exempt From the Privacy 
Act

* * * * *
    5. The DHS/OIG-002 Investigative Records System of Records 
consists of electronic and paper records and will be used by DHS and 
its components. The DHS/OIG-002 Investigative Records System of 
Records is a repository of information held by DHS in connection 
with its several and varied missions and functions, including, but 
not limited to the enforcement of civil and criminal laws; 
investigations, inquiries, and proceedings there under; national 
security and intelligence activities; and protection of the 
President of the U.S. or other individuals pursuant to Section 3056 
and 3056A of Title 18. The DHS/OIG-002 Investigative Records System 
of Records contains information that is collected by, on behalf of, 
in support of, or in cooperation with DHS and its components and may 
contain personally identifiable information collected by other 
Federal, State, local, tribal, foreign, or international government 
agencies. The Secretary of Homeland Security, pursuant to 5 U.S.C. 
552a(j)(2), has exempted this system from the following provisions 
of the Privacy Act: 5 U.S.C. 552a(c)(3), (c)(4); (d); (e)(1), 
(e)(2), (e)(3), (e)(4)(G), (e)(4)(H), (e)(4)(I), (e)(5), (e)(8), 
(f); and (g)(1). Additionally, the Secretary of Homeland Security, 
pursuant to 5 U.S.C. 552a(k)(1), (k)(2), and (k)(5), has exempted 
this system from the following provisions of the Privacy Act, 5 
U.S.C. 552a(c)(3); (d); (e)(1), (e)(4)(G), (e)(4)(H), (e)(4)(I), 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) and (4) (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 that 
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 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, to tamper with witnesses or

[[Page 4126]]

evidence, and to avoid detection or apprehension, which would 
undermine the entire investigative process. When an investigation 
has been completed, information on disclosures made may continue to 
be exempted if the fact that an investigation occurred remains 
sensitive after completion.
    (b) From subsection (d) (Access and Amendment 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 that 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, to tamper with witnesses or evidence, and to avoid 
detection or apprehension. Amendment of the records could interfere 
with ongoing investigations and law enforcement activities and would 
impose an unreasonable administrative burden by requiring 
investigations to be continually 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 to the 
nature or existence of the investigation, thereby interfering with 
that investigation and related law enforcement activities.
    (e) From subsection (e)(3) (Notice to Subjects) because 
providing such detailed information could impede law enforcement by 
compromising the existence of a confidential investigation or reveal 
the identity of witnesses or confidential informants.
    (f) From subsections (e)(4)(G), (H), and (I) (Agency 
Requirements) and (f) (Agency Rules), because portions of this 
system are exempt from the individual access provisions of 
subsection (d) for the reasons noted above, and therefore DHS is not 
required to establish requirements, rules, or procedures with 
respect to such access. Providing notice to individuals with respect 
to existence of records pertaining to them in the system of records 
or otherwise setting up procedures pursuant to which individuals may 
access and view records pertaining to themselves in the system would 
undermine investigative efforts and reveal the identities of 
witnesses, and potential witnesses, and confidential informants.
    (g) From subsection (e)(5) (Collection of Information) because 
with 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 subsection (e)(5) 
would preclude DHS 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 DHS'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.
    (j) From subsection (g)(1) (Civil Remedies) to the extent that 
the system is exempt from other specific subsections of the Privacy 
Act.
* * * * *

Lynn P. Dupree,
Chief Privacy Officer, U.S. Department of Homeland Security.
[FR Doc. 2022-01559 Filed 1-26-22; 8:45 am]
BILLING CODE 9110-9B-P


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