80 FR 44372 - Privacy Act of 1974; Department of Homeland Security Office of the Inspector General-002 Investigative Records System of Records

DEPARTMENT OF HOMELAND SECURITY
Office of the Secretary

Federal Register Volume 80, Issue 143 (July 27, 2015)

Page Range		44372-44375
FR Document		2015-18385

In accordance with the Privacy Act of 1974 the Department of Homeland Security proposes to update and reissue a current Department of Homeland Security system of records titled, ``Department of Homeland Security/Office of Inspector General-002 Investigative Records System of Records.'' This system of records was previously titled, ``Department of Homeland Security Office of Inspector General-002 Investigations Data Management System of Records.'' As a result of a biennial review of this system and changes to the application software, the Department of Homeland Security is proposing changes to the system name, category of individuals, and category of records in the system. Additionally, this notice includes non-substantive changes to simplify the formatting and text of the previously published notice. There will be no change to the Privacy Act exemptions currently in place for this system of records. This updated system will be included in the Department of Homeland Security's inventory of record systems.

Federal Register, Volume 80 Issue 143 (Monday, July 27, 2015)

[Federal Register Volume 80, Number 143 (Monday, July 27, 2015)]
[Notices]
[Pages 44372-44375]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2015-18385]

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DEPARTMENT OF HOMELAND SECURITY

Office of the Secretary

[Docket No. DHS-2015-0040]

Privacy Act of 1974; Department of Homeland Security Office of
the Inspector General-002 Investigative Records System of Records

AGENCY: Department of Homeland Security, Privacy Office.

ACTION: Notice of Privacy Act System of Records.

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

SUMMARY: In accordance with the Privacy Act of 1974 the Department of
Homeland Security proposes to update and reissue a current Department
of Homeland Security system of records titled, ``Department of Homeland
Security/Office of Inspector General-002 Investigative Records System
of Records.'' This system of records was previously titled,
``Department of Homeland Security Office of Inspector General-002
Investigations Data Management System of Records.'' As a result of a
biennial review of this system and changes to the application software,
the Department of Homeland Security is proposing changes to the system
name, category of individuals, and category of records in the system.
Additionally, this notice includes non-substantive changes to simplify
the formatting and text of the previously published notice. There will
be no change to the Privacy Act exemptions currently in place for this
system of records. This updated system will be included in the
Department of Homeland Security's inventory of record systems.

DATES: Submit comments on or before August 26, 2015. This updated
system will be effective August 26, 2015.

ADDRESSES: You may submit comments, identified by Docket Number DHS-
2015-0040, by one of the following methods:
Federal e-Rulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
Fax: 202-343-4010.
Mail: Karen L. Neuman, Chief Privacy Officer, Privacy
Office, Department of Homeland Security, Washington, DC 20528.
Instructions: All submissions received must include the agency name
and docket number for this notice. All comments received will be posted
without change to http://www.regulations.gov, including any personal
information provided.
Docket: For access to the docket to read background documents or
comments received, go to http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: For general questions please contact:
Melinda D. Holliday McDonald, Esq. (202) 254-4284, Department of
Homeland Security, Office of Inspector General, Mail Stop 2600, 245
Murray Drive SW., Building 410, Washington, DC 20528; or by facsimile
(202) 254-4299. For privacy issues please contact: Karen L. Neuman
(202) 343-1717, Chief Privacy Officer, Privacy Office, Department of
Homeland Security, Washington, DC 20528.

SUPPLEMENTARY INFORMATION:

[[Page 44373]]

I. Background

The Department of Homeland Security (DHS) Office of Inspector
General (OIG) is revising a system of records under the Privacy Act of
1974 (5 U.S.C. 552a), for its investigative files.
The DHS Inspector General is responsible for conducting and
supervising independent and objective audits, inspections, and
investigations of the programs and operations of DHS. The OIG promotes
economy, efficiency, and effectiveness within the Department and
prevents and detects employee corruption, fraud, waste, and abuse in
its programs and operations. The OIG's Office of Investigations (OI)
investigates allegations of criminal, civil, and administrative
misconduct involving DHS employees, contractors, grantees, and
Departmental programs and activities. These investigations can result
in criminal prosecutions, fines, civil monetary penalties, and
administrative sanctions. Additionally, OI provides oversight and
monitors the investigative activity of DHS's various internal affairs
offices.
The DHS/OIG-002 Investigative Records System of Records assists the
OIG with receiving and processing allegations of violations of criminal
and civil law as well as administrative policies and regulations
relating to DHS employees, contractors, grantees, and other individuals
and entities associated with DHS. The system includes both paper
complaint and investigation-related files as well as the Enterprise
Data System (EDS). The OIG uses EDS to: Manage information received
concerning allegations (i.e., complaints) provided during the course of
its investigations; 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 in investigative activities. This system of records notice makes
several changes to the existing system of records. DHS/OIG is updating
this system of records notice to: (1) Rename this system of records
notice ``DHS/OIG-002 Investigative Records System of Records'' and (2)
include DHS OIG employees as a category of individuals covered by the
system.
Consistent with DHS's information sharing mission, information
stored in the DHS/OIG-002 Investigative Records System of Records may
be shared with other DHS Components that have a need to know the
information to carry out their national security, law enforcement,
immigration, intelligence, or other homeland security functions. In
addition, information may be shared with appropriate federal, state,
local, tribal, territorial, foreign, or international government
agencies consistent with the routine law enforcement related uses set
forth in this system of records notice.
In accordance with the Privacy Act of 1974, DHS proposes to revise
a system of records titled, Department of Homeland Security Office of
Inspector General-002 Investigations Data Management System of Records
and rename the system of records DHS/OIG-002 Investigative Records
System of Records. There will be no change to the Privacy Act
exemptions currently in place for this system of records. This revised
system will be included in DHS's inventory of record systems.

II. Privacy Act

The Privacy Act embodies fair information practice principles in a
statutory framework governing the means by which Federal Government
agencies collect, maintain, use, and disseminate individuals' records.
The Privacy Act applies to information that is maintained in a ``system
of records.'' A ``system of records'' is a group of any records under
the control of an agency from which information is retrieved by the
name of the individual or by some identifying number, symbol, or other
identifying particular assigned to the individual. In the Privacy Act,
an individual is defined to encompass United States citizens and lawful
permanent residents. As a matter of policy, DHS extends administrative
Privacy Act protections to all individuals when systems of records
maintain information on U.S. citizens, lawful permanent residents, and
visitors.
Below is the description of the DHS/OIG-002 Investigative Records
System of Records.
In accordance with 5 U.S.C. 552a(r), DHS has provided a report of
this revised system of records to the Office of Management and Budget
and to Congress.
System of Records
Department of Homeland Security (DHS)/Office of the Inspector
General (OIG)-002

System name:
DHS/OIG-002 Investigative Records System of Records.

Security classification:
Classified, sensitive, unclassified.

System location:
Records are maintained at the OIG Headquarters in Washington, DC
and in OIG offices nationwide. Generally, OIG maintains electronic
records in EDS.

Categories of individuals covered by the system:
Categories of individuals in this system include:
Individuals filing complaints of criminal, civil, or
administrative violations, including, employee corruption, fraud,
waste, or mismanagement;
Individuals alleged to have been involved in such
violations;
Individuals identified as having been adversely affected
by matters investigated by the OIG;
Individuals who have been identified as possibly relevant
to, or who are contacted as part of, an OIG investigation, including:
Current and former employees of DHS, other federal
agencies, and DHS contractors, grantees, and persons whose association
with current and former employees relate to alleged violations under
investigation; and
Witnesses, complainants, sources of information, suspects,
defendants, or parties who have been identified by DHS OIG, other DHS
Components, other agencies, or members of the general public in
connection with authorized OIG audits, inspections, and/or
investigations.

Categories of records in the system:
Categories of records in this system include:
Individual's name and aliases;
Date of birth;
Social Security number;
Telephone and cell phone numbers;
Physical and mailing addresses;
Electronic mail addresses;
Physical description;
Citizenship;
Biometrics;
Photographs;
Education;
Medical history;
Travel history including passport information;
Financial data;
Criminal history;
Work experience;
Relatives and associates;
Any other personal information relevant to the subject
matter of an OIG investigation;
Investigative files containing allegations and complaints;
witness statements; transcripts of electronic

[[Page 44374]]

monitoring; subpoenas and legal opinions and advice; reports of
investigation; reports of criminal, civil, and administrative actions
taken as a result of the investigation; and other relevant evidence;
Training records and firearms qualification records of
employees responsible for performing investigative functions; and
Government owned and issued investigative property
records.

Authority for maintenance of the system:
5 U.S.C. 301; 6 U.S.C. 113(b); the Inspector General Act of 1978,
as amended.

Purpose(s):
DHS OIG uses records and information collected and maintained in
this system to receive and adjudicate allegations of violations of
criminal, civil, and administrative laws and regulations relating to
DHS programs, operations, and employees, as well as contractors and
other individuals and entities associated with DHS; monitor complaint
and investigation assignments, status, disposition, and results; manage
investigations and information provided during the course of such
investigations; audit actions taken by DHS management regarding
employee misconduct and other allegations; audit legal actions taken
following referrals to DOJ for criminal prosecution or litigation;
provide information relating to any adverse action or other proceeding
that may occur as a result of the findings of an investigation; and
provide a system for calculating and reporting statistical information.

Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
In addition to those disclosures generally permitted under the
Privacy Act, all or a portion of the records or information contained
in this system may be disclosed outside DHS as a routine use pursuant
to 5 U.S.C. 552a(b)(3) as follows:
A. To DOJ, including Offices of the U.S. Attorneys, or other
federal agency conducting litigation or in proceedings before any
court, adjudicative, or administrative body, when it is relevant or
necessary to the litigation and one of the following is a party to the
litigation or has an interest in such litigation:
1. DHS or any Component thereof;
2. Any employee or former employee of DHS in his/her official
capacity;
3. Any employee or former employee of DHS in his/her individual
capacity when DOJ or DHS has agreed to represent the employee; or,
4. the United States or any agency thereof.
B. To a congressional office from the record of an individual in
response to an inquiry from that congressional office made at the
request of the individual to whom the record pertains.
C. To the National Archives and Records Administration or General
Services Administration pursuant to records management inspections
being conducted under the authority of 44 U.S.C. 2904 and 2906.
D. To an agency or organization for the purpose of performing audit
or oversight operations as authorized by law, but only such information
as is necessary and relevant to such audit or oversight function.
E. To appropriate agencies, entities, and persons when:
1. DHS suspects or has confirmed that the security or
confidentiality of information in the system of records has been
compromised;
2. The Department has determined that as a result of the suspected
or confirmed compromise, there is a risk of identity theft or fraud,
harm to economic or property interests, harm to an individual, or harm
to the security or integrity of this system or other systems or
programs (whether maintained by DHS or another agency or entity) that
rely upon the compromised information; and
3. The disclosure made to such agencies, entities, and persons is
reasonably necessary to assist in connection with DHS's efforts to
respond to the suspected or confirmed compromise and prevent, minimize,
or remedy such harm.
F. To contractors and their agents, grantees, experts, consultants,
and others performing or working on a contract, service, grant,
cooperative agreement, or other assignment for DHS, when necessary to
accomplish an agency function related to this system of records.
Individuals provided information under this routine use are subject to
the same Privacy Act requirements and limitations on disclosure as are
applicable to DHS officers and employees.
G. To an appropriate federal, state, tribal, local, international,
or foreign law enforcement agency or other appropriate authority
charged with investigating or prosecuting a violation or enforcing or
implementing a law, rule, regulation, or order, when a record, either
on its face or in conjunction with other information, indicates a
violation or potential violation of law, which includes criminal,
civil, or regulatory violations and such disclosure is proper and
consistent with the official duties of the person making the
disclosure.
H. To a federal, state, or local agency, or other appropriate
entity or individual, or through established liaison channels to
selected foreign governments, in order to provide intelligence,
counterintelligence, or other information for the purposes of
intelligence, counterintelligence, or antiterrorism activities
authorized by U.S. law, Executive Order, or other applicable national
security directive when the security of the borders which DHS is tasked
with maintaining are at risk of being compromised.
I. To international and foreign governmental authorities in
accordance with law and formal or informal international agreements.
J. To an appropriate federal, state, local, tribal, foreign, or
international agency, pursuant to a request, if the information is
relevant and necessary to a requesting agency's decision concerning the
hiring or retention of an individual or issuance of a security
clearance, license, contract, grant, or other benefit, or if the
information is relevant and necessary to a DHS decision concerning the
hiring or retention of an employee, the issuance of a security
clearance, the reporting of an investigation of an employee, the
letting of a contract, or the issuance of a license, grant, or other
benefit and when disclosure is appropriate to the proper performance of
the official duties of the person making the request.
K. To third parties during the course of a law enforcement
investigation to the extent necessary to obtain information pertinent
to the investigation, provided disclosure is appropriate to the proper
performance of the official duties of the officer making the
disclosure.
L. To the Council of the Inspectors General on Integrity and
Efficiency (CIGIE) and other federal agencies, as necessary, if the
records respond to an audit, investigation, or review conducted
pursuant to an authorizing law, rule, or regulation, and in particular
those conducted at the request of the CIGIE's Integrity Committee
pursuant to statute.
M. To complainants and victims to the extent necessary to provide
such persons with information and explanations concerning the progress
or results of the investigation arising from the matters of which they
complained or of which they were a victim.
N. To the news media and the public, with the approval of the Chief
Privacy Officer in consultation with counsel, when there exists a
legitimate public interest in the disclosure of the

[[Page 44375]]

information or when disclosure is necessary to preserve confidence in
the integrity of DHS, or is necessary to demonstrate the accountability
of DHS's officers, employees, or individuals covered by the system,
except to the extent the Chief Privacy Officer determines that release
of the specific information in the context of a particular case would
constitute an unwarranted invasion of personal privacy.

Disclosure to consumer reporting agencies:
None.

Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
DHS OIG stores records in this system electronically or on paper in
secure facilities in a locked drawer behind a locked door. The
electronic records are stored on magnetic disc, tape, digital media,
and CD-ROM.

Retrievability:
DHS OIG retrieves paper media alphabetically by name of subject or
complainant, by complaint or investigation number, or by investigator's
name and/or employee identifying number. DHS OIG retrieves electronic
media by the name or identifying number for a complainant, subject,
victim, or witness; by case complaint or investigation number; by
investigator's name or other personal identifier; or by investigating
office designation.

Safeguards:
DHS OIG safeguards information in this system in accordance with
applicable laws, rules, and policies, including all applicable DHS
automated systems security and access policies. DHS imposes strict
controls to minimize the risk of compromising the information that is
being stored. Access to the computer system containing the records in
this system is limited to those individuals who have a need to know the
information for the performance of their official duties and who have
appropriate clearances or permissions.

Retention and disposal:
Complaint and investigative record files that involve substantive
information relating to national security or allegations against senior
DHS officials, that attract national media or congressional attention,
or that result in substantive changes in DHS policies or procedures are
permanent and are transferred to the National Archives and Records
Administration 20 years after completion of the investigation and all
actions based thereon. All other complaint and investigative record
files are destroyed 20 years after completion of the investigation and
all actions based thereon. Government issued investigative property
records and management reports are destroyed when no longer needed for
business purposes.

System manager(s) and address:
The System Manager is the Policy Specialist, Office of
Investigations, DHS OIG, Mail Stop 2600, 245 Murray Drive SW., Building
410, Washington, DC 20528.

Notification procedure:
The Secretary of Homeland Security has exempted this system from
the notification, access, and amendment procedures of the Privacy Act
because it is a law enforcement system. However, the Office of
Inspector General will consider individual requests to determine
whether or not information may be released. Thus, individuals seeking
notification of and access to any record contained in this system of
records, or seeking to contest its content may submit a request in
writing to the Headquarters or Office of Inspector General's FOIA
Officer, whose contact information can be found at http://www.dhs.gov/foia under ``Contacts.'' If an individual believes more than one
component maintains Privacy Act records concerning him or her, the
individual may submit the request to the Chief Privacy Officer and
Chief Freedom of Information Act Officer, Department of Homeland
Security, 245 Murray Drive SW., Building 410, STOP-0655, Washington, DC
20528-0655.
When seeking records about yourself from this system of records or
any other Departmental system of records your request must conform with
the Privacy Act regulations set forth in 6 CFR part 5. You must first
verify your identity, meaning that you must provide your full name,
current address, and date and place of birth. You must sign your
request, and your signature must either be notarized or submitted under
28 U.S.C. 1746, a law that permits statements to be made under penalty
of perjury as a substitute for notarization. While no specific form is
required, you may obtain forms for this purpose from the Chief Privacy
Officer and Chief Freedom of Information Act Officer, http://www.dhs.gov or 1-866-431-0486. In addition you should provide the
following:
An explanation of why you believe the Department would
have information on you;
Identify which Component(s) of the Department you believe
may have the information about you;
Specify when you believe the records would have been
created; and
Provide any other information that will help the FOIA
staff determine which DHS component agency may have responsive records.
If your request is seeking records pertaining to another living
individual, you must include a statement from that individual
certifying his/her agreement for you to access his/her records.
Without this bulleted information the Component(s) may not be able
to conduct an effective search, and your request may be denied due to
lack of specificity or lack of compliance with applicable regulations.

Record access procedures:
See ``Notification Procedure'' above.

Contesting record procedures:
See ``Notification procedure'' above.

Record source categories:
Records are obtained from sources including the individual record
subjects; DHS officials and employees; employees of federal, state,
local, and foreign agencies; and other persons and entities.

Exemptions claimed for the system:
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, subject to the limitations set forth in 5 U.S.C.
552a(c)(3) and (4); (d); (e)(1), (e)(2), (e)(3), (e)(4)(G), (e)(4)(H),
(e)(5), and (e)(8); (f); and (g). 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, subject to the limitations set forth in 5 U.S.C. 552a(c)(3); (d);
(e)(1), (e)(4)(G), (e)(4)(H); and (f).

Dated: July 10, 2015.
Karen L. Neuman,
Chief Privacy Officer, Department of Homeland Security.
[FR Doc. 2015-18385 Filed 7-24-15; 8:45 am]
BILLING CODE 9110-9B-P

44372 Federal Register / Vol. 80, No. 143 / Monday, July 27, 2015 / Notices

Location and case Effective date of Community
State and county Chief executive officer of community Community map repository
No. modification No.

Santa Clara City of Santa Clara The Honorable Jamie L. Matthews, Mayor, Planning and Inspection Depart- April 16, 2015 ....... 060350
(FEMA Docket (15–09–0127P). City of Santa Clara, 1500 Warburton Av- ment, 1500 Warburton Avenue,
No.: B–1474). enue, Santa Clara, CA 95050. Santa Clara, CA 95050.
Solano (FEMA City of Dixon (14–09– The Honorable Jack Batchelor, Jr., Mayor, Engineering Department, 600 East April 2, 2015 ......... 060369
Docket No.: B– 2494P). City of Dixon, 600 East A Street, Dixon, A Street, Dixon, CA 95620.
1474). CA 95620.
Nevada:
Douglas (FEMA Unincorporated areas The Honorable Doug N. Johnson, Chair- Douglas County Public Works De- May 28, 2015 ....... 320008
Docket No.: B– of Douglas County man, Douglas County Board of Commis- partment, 1615 8th Street,
1505). (14–09–4114P). sioners, P.O. Box 218, Minden, NV Minden, NV 89423.
89423.
Washoe (FEMA Unincorporated areas The Honorable David Humke, Chairman, Washoe County, Public Works De- April 27, 2015 ....... 320019
Docket No.: B– of Washoe County Washoe County Board of Commis- partment, 1001 East 9th Street,
1474). (14–09–2693P). sioners, P.O. Box 11130, Reno, NV Reno, NV 89512.
89512.

[FR Doc. 2015–18282 Filed 7–24–15; 8:45 am] Individuals and Households In Presidentially to simplify the formatting and text of the
BILLING CODE 9110–12–P
Declared Disaster Areas; 97.049, previously published notice. There will
Presidentially Declared Disaster Assistance— be no change to the Privacy Act
Disaster Housing Operations for Individuals
and Households; 97.050 Presidentially
exemptions currently in place for this
DEPARTMENT OF HOMELAND Declared Disaster Assistance to Individuals system of records. This updated system
SECURITY and Households—Other Needs; 97.036, will be included in the Department of
Disaster Grants—Public Assistance Homeland Security’s inventory of
Federal Emergency Management (Presidentially Declared Disasters); 97.039, record systems.
Agency Hazard Mitigation Grant.
DATES: Submit comments on or before
[Internal Agency Docket No. FEMA–4227– W. Craig Fugate, August 26, 2015. This updated system
DR; Docket ID FEMA–2015–0002] Administrator, Federal Emergency will be effective August 26, 2015.
Management Agency.
Wyoming; Amendment No. 1 to Notice [FR Doc. 2015–18268 Filed 7–24–15; 8:45 am]
ADDRESSES: You may submit comments,
of a Major Disaster Declaration identified by Docket Number DHS–
BILLING CODE 9111–23–P
2015–0040, by one of the following
AGENCY: Federal Emergency methods:
Management Agency, DHS.
DEPARTMENT OF HOMELAND • Federal e-Rulemaking Portal:
ACTION: Notice.
SECURITY http://www.regulations.gov. Follow the
SUMMARY: This notice amends the notice instructions for submitting comments.
Office of the Secretary
of a major disaster declaration for the • Fax: 202–343–4010.
State of Wyoming (FEMA–4227–DR), [Docket No. DHS–2015–0040] • Mail: Karen L. Neuman, Chief
dated July 7, 2015, and related Privacy Officer, Privacy Office,
determinations. Privacy Act of 1974; Department of
Department of Homeland Security,
Homeland Security Office of the
DATES: Effective Date: July 15, 2015. Inspector General-002 Investigative Washington, DC 20528.
FOR FURTHER INFORMATION CONTACT: Records System of Records Instructions: All submissions received
Dean Webster, Office of Response and must include the agency name and
Recovery, Federal Emergency AGENCY: Department of Homeland docket number for this notice. All
Management Agency, 500 C Street SW., Security, Privacy Office. comments received will be posted
Washington, DC 20472, (202) 646–2833. ACTION: Notice of Privacy Act System of without change to http://
SUPPLEMENTARY INFORMATION: The notice
Records. www.regulations.gov, including any
of a major disaster declaration for the SUMMARY: In accordance with the personal information provided.
State of Wyoming is hereby amended to Privacy Act of 1974 the Department of Docket: For access to the docket to
include the following areas among those Homeland Security proposes to update read background documents or
areas determined to have been adversely and reissue a current Department of comments received, go to http://
affected by the event declared a major Homeland Security system of records www.regulations.gov.
disaster by the President in his titled, ‘‘Department of Homeland
declaration of July 7, 2015. FOR FURTHER INFORMATION CONTACT: For
Security/Office of Inspector General-002
general questions please contact:
Albany and Platte Counties for Public Investigative Records System of
Melinda D. Holliday McDonald, Esq.
Assistance. Records.’’ This system of records was
Johnson and Niobrara Counties for Public (202) 254–4284, Department of
previously titled, ‘‘Department of
Assistance (already designated for Individual Homeland Security, Office of Inspector
Homeland Security Office of Inspector
Assistance). General, Mail Stop 2600, 245 Murray
General-002 Investigations Data
The following Catalog of Federal Domestic Drive SW., Building 410, Washington,
Management System of Records.’’ As a
Assistance Numbers (CFDA) are to be used DC 20528; or by facsimile (202) 254–
tkelley on DSK3SPTVN1PROD with NOTICES

result of a biennial review of this system
for reporting and drawing funds: 97.030, 4299. For privacy issues please contact:
and changes to the application software,
Community Disaster Loans; 97.031, Cora Karen L. Neuman (202) 343–1717, Chief
Brown Fund; 97.032, Crisis Counseling;
the Department of Homeland Security is
Privacy Officer, Privacy Office,
97.033, Disaster Legal Services; 97.034, proposing changes to the system name,
Department of Homeland Security,
Disaster Unemployment Assistance (DUA); category of individuals, and category of
Washington, DC 20528.
97.046, Fire Management Assistance Grant; records in the system. Additionally, this
97.048, Disaster Housing Assistance to notice includes non-substantive changes SUPPLEMENTARY INFORMATION:

VerDate Sep<11>2014 18:58 Jul 24, 2015 Jkt 235001 PO 00000 Frm 00050 Fmt 4703 Sfmt 4703 E:\FR\FM\27JYN1.SGM 27JYN1

44374 Federal Register / Vol. 80, No. 143 / Monday, July 27, 2015 / Notices

monitoring; subpoenas and legal 4. the United States or any agency and consistent with the official duties of
opinions and advice; reports of thereof. the person making the disclosure.
investigation; reports of criminal, civil, B. To a congressional office from the H. To a federal, state, or local agency,
and administrative actions taken as a record of an individual in response to or other appropriate entity or
result of the investigation; and other an inquiry from that congressional office individual, or through established
relevant evidence; made at the request of the individual to liaison channels to selected foreign
• Training records and firearms whom the record pertains. governments, in order to provide
qualification records of employees C. To the National Archives and intelligence, counterintelligence, or
responsible for performing investigative Records Administration or General other information for the purposes of
functions; and Services Administration pursuant to intelligence, counterintelligence, or
• Government owned and issued records management inspections being antiterrorism activities authorized by
investigative property records. conducted under the authority of 44 U.S. law, Executive Order, or other
U.S.C. 2904 and 2906. applicable national security directive
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
D. To an agency or organization for when the security of the borders which
5 U.S.C. 301; 6 U.S.C. 113(b); the DHS is tasked with maintaining are at
Inspector General Act of 1978, as the purpose of performing audit or
oversight operations as authorized by risk of being compromised.
amended. I. To international and foreign
law, but only such information as is
PURPOSE(S): necessary and relevant to such audit or governmental authorities in accordance
oversight function. with law and formal or informal
DHS OIG uses records and
E. To appropriate agencies, entities, international agreements.
information collected and maintained in
J. To an appropriate federal, state,
this system to receive and adjudicate and persons when:
local, tribal, foreign, or international
allegations of violations of criminal, 1. DHS suspects or has confirmed that agency, pursuant to a request, if the
civil, and administrative laws and the security or confidentiality of information is relevant and necessary to
regulations relating to DHS programs, information in the system of records has a requesting agency’s decision
operations, and employees, as well as been compromised; concerning the hiring or retention of an
contractors and other individuals and 2. The Department has determined individual or issuance of a security
entities associated with DHS; monitor that as a result of the suspected or clearance, license, contract, grant, or
complaint and investigation confirmed compromise, there is a risk of other benefit, or if the information is
assignments, status, disposition, and identity theft or fraud, harm to relevant and necessary to a DHS
results; manage investigations and economic or property interests, harm to decision concerning the hiring or
information provided during the course an individual, or harm to the security or retention of an employee, the issuance
of such investigations; audit actions integrity of this system or other systems of a security clearance, the reporting of
taken by DHS management regarding or programs (whether maintained by an investigation of an employee, the
employee misconduct and other DHS or another agency or entity) that letting of a contract, or the issuance of
allegations; audit legal actions taken rely upon the compromised a license, grant, or other benefit and
following referrals to DOJ for criminal information; and when disclosure is appropriate to the
prosecution or litigation; provide 3. The disclosure made to such proper performance of the official duties
information relating to any adverse agencies, entities, and persons is of the person making the request.
action or other proceeding that may reasonably necessary to assist in K. To third parties during the course
occur as a result of the findings of an connection with DHS’s efforts to of a law enforcement investigation to
investigation; and provide a system for respond to the suspected or confirmed the extent necessary to obtain
calculating and reporting statistical compromise and prevent, minimize, or information pertinent to the
information. remedy such harm. investigation, provided disclosure is
F. To contractors and their agents, appropriate to the proper performance
ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES OF USERS AND
grantees, experts, consultants, and of the official duties of the officer
THE PURPOSES OF SUCH USES: others performing or working on a making the disclosure.
In addition to those disclosures contract, service, grant, cooperative L. To the Council of the Inspectors
generally permitted under the Privacy agreement, or other assignment for DHS, General on Integrity and Efficiency
Act, all or a portion of the records or when necessary to accomplish an (CIGIE) and other federal agencies, as
information contained in this system agency function related to this system of necessary, if the records respond to an
may be disclosed outside DHS as a records. Individuals provided audit, investigation, or review
routine use pursuant to 5 U.S.C. information under this routine use are conducted pursuant to an authorizing
552a(b)(3) as follows: subject to the same Privacy Act law, rule, or regulation, and in
A. To DOJ, including Offices of the requirements and limitations on particular those conducted at the
U.S. Attorneys, or other federal agency disclosure as are applicable to DHS request of the CIGIE’s Integrity
conducting litigation or in proceedings officers and employees. Committee pursuant to statute.
before any court, adjudicative, or G. To an appropriate federal, state, M. To complainants and victims to
administrative body, when it is relevant tribal, local, international, or foreign law the extent necessary to provide such
or necessary to the litigation and one of enforcement agency or other appropriate persons with information and
the following is a party to the litigation authority charged with investigating or explanations concerning the progress or
or has an interest in such litigation: prosecuting a violation or enforcing or results of the investigation arising from
tkelley on DSK3SPTVN1PROD with NOTICES

1. DHS or any Component thereof; implementing a law, rule, regulation, or the matters of which they complained or
2. Any employee or former employee order, when a record, either on its face of which they were a victim.
of DHS in his/her official capacity; or in conjunction with other N. To the news media and the public,
3. Any employee or former employee information, indicates a violation or with the approval of the Chief Privacy
of DHS in his/her individual capacity potential violation of law, which Officer in consultation with counsel,
when DOJ or DHS has agreed to includes criminal, civil, or regulatory when there exists a legitimate public
represent the employee; or, violations and such disclosure is proper interest in the disclosure of the

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Document Created: 2018-02-23 09:26:51
Document Modified: 2018-02-23 09:26:51

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		Notice of Privacy Act System of Records.
Dates		Submit comments on or before August 26, 2015. This updated system will be effective August 26, 2015.
Contact		For general questions please contact: Melinda D. Holliday McDonald, Esq. (202) 254-4284, Department of Homeland Security, Office of Inspector General, Mail Stop 2600, 245 Murray Drive SW., Building 410, Washington, DC 20528; or by facsimile (202) 254-4299. For privacy issues please contact: Karen L. Neuman (202) 343-1717, Chief Privacy Officer, Privacy Office, Department of Homeland Security, Washington, DC 20528.
FR Citation		80 FR 44372

80 FR 44372 - Privacy Act of 1974; Department of Homeland Security Office of the Inspector General-002 Investigative Records System of Records

DEPARTMENT OF HOMELAND SECURITYOffice of the Secretary

Federal Register Volume 80, Issue 143 (July 27, 2015)

DEPARTMENT OF HOMELAND SECURITY
Office of the Secretary