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]
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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
