[Federal Register Volume 79, Number 128 (Thursday, July 3, 2014)]
[Rules and Regulations]
[Pages 37927-37928]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-14194]
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Rules and Regulations
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Federal Register / Vol. 79, No. 128 / Thursday, July 3, 2014 / Rules
and Regulations
[[Page 37927]]
SPECIAL INSPECTOR GENERAL FOR AFGHANISTAN RECONSTRUCTION
5 CFR Part 9301
Freedom of Information Act and Privacy Act Procedures
AGENCY: Special Inspector General for Afghanistan Reconstruction.
ACTION: Interim final rule.
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SUMMARY: Notice is hereby given that the Special Inspector General for
Afghanistan Reconstruction (SIGAR) proposes to amend its Privacy Act
regulation exempting portions of an existing system of records from
certain provisions of the Privacy Act of 1974, as amended. Certain
portions of the Investigations Records, SIGAR-08, system of records
contain criminal investigation records, investigatory material for law
enforcement purposes, confidential source information and are proposed
to be exempted under the Privacy Act.
DATES: This interim final rule is effective July 3, 2014. Written
comments may be submitted by August 4, 2014.
ADDRESSES: Any persons interested in commenting on the proposed
exemptions to SIGAR's system of records may do so by writing to Adam
Weaver, Special Inspector General for Afghanistan Reconstruction, 2530
Crystal Drive, Arlington, VA 22202-3934. Comments will be made
available for inspection up written request. SIGAR will make such
comments available for public inspection in the Office of Privacy,
Records, and Disclosure, 9th Floor, 1550 Crystal Drive, Arlington, VA
22202, on official business days between the hours of 9 a.m. and 5 p.m.
Eastern time. You can make an appointment to inspect comments by
telephoning (703) 545-6000. All comments, including attachments and
other supporting materials, received are part of the public record and
subject to public disclosure. You should submit only information that
you wish to make available publicly.
FOR FURTHER INFORMATION CONTACT: Shamelle Tarver, Special Inspector
General for Afghanistan Reconstruction, 2530 Crystal Drive, Arlington,
VA 22202-3934, (703) 545-6046.
SUPPLEMENTARY INFORMATION: On January 28, 2008, the President signed
into law the National Defense Authorization Act for Fiscal Year 2008
(Pub. L. 110-181), which created SIGAR. The Freedom of Information Act
(FOIA), the Privacy Act of 1974, as amended (5 U.S.C. 522a) (PA), and
certain portions of the Ethics in Government Act and Executive Order
12958, as amended, provide for access by the public to records of
executive branch agencies, subject to certain restrictions and
exemptions. In order to establish procedures to facilitate public
interaction with SIGAR, 5 CFR part 9301 sets forth the SIGAR's
regulations implementing the access provisions of those statutes and
the Executive Order. The modification to the system, Investigations
Records, SIGAR-08, will support the vetting of directors, officers, or
other employees of organizations who apply for U.S. Government
contracts, grants, cooperative agreements, or other funding. The
information collected from these organizations and individuals is
specifically used to conduct screening to ensure that U.S. Government
funds are not used to provide support to entities or individuals deemed
to be a risk to U.S. national security interests. The records may
contain criminal investigation records, investigatory material for law
enforcement purposes, and confidential source information. SIGAR
proposes to amend 5 CFR part 9301 to exempt portions of the
Investigations Records system of records from subsections (c)(3) and
(4), (d), (e)(1), (2), and (3), (e)(4)(G), (H), and (I), (e)(5) and
(8), (f), (g), and (h) of the Privacy Act of 1974, as amended (5 U.S.C.
552a), pursuant to 5 U.S.C. 552a (j)(2) and from subsections (c)(3),
(d), (e)(1), (e)(4)(G), (H), and (I), and (f) of the Privacy Act
pursuant to 5 U.S.C. 552a (k)(1), (k)(2), and (k)(5).
II. The Interim Final Rule
This interim final rule establishes exemptions to SIGAR's existing
regulations implementing the provisions of the FOIA (5 U.S.C. 552) and
the PA. The provisions of this subpart shall apply to all components of
SIGAR. The FOIA provides for the disclosure of agency records and
information to the public, unless that information is exempted under
delineated statutory exemptions under the FOIA. The Privacy Act serves
to safeguard public interest in informational privacy by delineating
the duties and responsibilities of federal agencies that collect,
store, and disseminate personal information about individuals. The
procedures established here are intended to ensure that SIGAR fully
satisfies its responsibility to the public to disclose agency
information while simultaneously safeguarding individual privacy.
The Privacy Act serves to balance the Government's need to maintain
information about individuals with the rights of individuals to be
protected against unwarranted invasions of their privacy stemming from
federal agencies' collection, maintenance, use, and disclosure of
personal information about them. Agencies are required to issue
regulations outlining the agency's rules and procedures for
implementation of the Privacy Act and its provisions within the agency.
This includes procedures on how individuals may request access to
information about themselves, request amendment or correction of those
records, and request an accounting of disclosures of their records by
SIGAR.
Procedural Requirements
This Interim Final rule amends SIGAR's implementing the FOIA and
the Privacy Act to facilitate the interaction of the public with SIGAR.
SIGAR's policy of disclosure follows the Presidential Memorandum of
January 21, 2009, ``Transparency and Openness,'' 74 FR 4685, and the
Attorney General's March 19, 2009 FOIA policy guidance, advising
Federal agencies to apply a presumption of disclosure in FOIA decision
making. This Interim Final Rule parallels the procedures currently used
by other agencies to implement the FOIA and the Privacy Act. SIGAR has
determined that good cause exists to publish this amendment to its FOIA
and Privacy Act regulations as an interim final rule. This amendment
clarifies exemptions regarding the public's access to
[[Page 37928]]
information about SIGAR and about themselves maintained by SIGAR. The
absence of well-defined exemptions to the Privacy Act regulations could
impair the confidentiality and privacy rights of those who submit
sensitive information to SIGAR as well as the ability of SIGAR to use
that information to carry out its statutory mission. SIGAR has
determined that this interim rule should be issued without a delayed
effective date pursuant to 5 U.S.C. 553(d)(3).
Finally, notice of proposed rulemaking is not required, because the
provisions of the Regulatory Flexibility Act (5 U.S.C. Chapter 6) do
not apply. It has been determined that this rulemaking is not a
significant regulatory action for the purposes of Executive Order
12866. Accordingly, a regulatory impact analysis is not required.
Dated: June 6, 2014.
John F. Sopko,
Inspector General.
List of Subjects in 5 CFR Part 9301
Administrative practice and procedure, Freedom of information,
Privacy.
Authority and Issuance
For the reasons set forth above, SIGAR amends 5 CFR part 9301 as
follows:
PART 9301--[AMENDED]
0
1. The authority citation for part 9301 continues to read as follows:
Authority: 5 U.S.C. 552; Pub. L. 110-175, 121 Stat. 2524
(2007); 5 U.S.C. 301 and 552; Exec. Order 12600, 52 FR 23781, 3 CFR,
1987 Comp., p. 235; Exec. Order No. 13392, 70 FR 75373-75377, 3 CFR,
2006 Comp., pp. 216-200.
0
2. Section 9301.20 is added to read as follows:
Sec. 9301.20 Exemptions.
Systems of records maintained by SIGAR are authorized to be
exempted from certain provisions of the Privacy Act under the general
and specific exemptions set forth in the Act. In utilizing these
exemptions, SIGAR is exempting only those portions of systems that are
necessary for the proper functioning of SIGAR and that are consistent
with the Privacy Act. Where compliance would not appear to interfere
with or adversely affect the law enforcement process, and/or where it
may be appropriate to permit individuals to contest the accuracy of the
information collected, e.g., public source materials, the applicable
exemption may be waived, either partially or totally, by SIGAR, in the
sole discretion of SIGAR, as appropriate.
(a) General exemptions. (1) Individuals may not have access to
records maintained by SIGAR that were provided by another agency that
has determined by regulation that such information is subject to
general exemption under 5 U.S.C. 552a(j)(1). If such exempt records are
the subject of an access request, SIGAR will advise the requester of
their existence and of the name and address of the source agency,
unless that information is itself exempt from disclosure.
(2) The systems of records maintained by the Investigations
Directorate (SIGAR-08), are subject to general exemption under 5 U.S.C.
552a(j)(2). All records contained in record system SIGAR-08,
Investigations Records, are exempt from all provisions of the Privacy
Act except sections (b), (c)(1) and (2), (e)(4)(A) through (F), (e)(6),
(7), (9), (10), and (11), and (i) to the extent to which they meet the
criteria of section (j)(2). These exemptions are necessary to ensure
the effectiveness of the investigative, judicial, and protective
processes. These exemptions are necessary to ensure the proper
functions of the law enforcement activity, to protect confidential
sources of information, to fulfill promises of confidentiality, to
prevent interference with the enforcement of criminal laws, to avoid
the disclosure of investigative techniques, to avoid the endangering of
the life and safety of any individual, to avoid premature disclosure of
the knowledge of potential criminal activity and the evidentiary bases
of possible enforcement actions, and to maintain the integrity of the
law enforcement process.
(3) The systems of records maintained by the Investigations
Directorate (SIGAR-08) are exempted from 5 U.S.C. 552a (c)(3), (d),
(e)(1), (e)(4)(G), (H), and (I), and (f) pursuant to the provisions of
5 U.S.C. 552a(k)(1), (2), and (5). These exemptions are necessary to
protect material required to be kept secret in the interest of national
defense and foreign policy; to prevent individuals that are the subject
of investigation from frustrating the investigatory process; to ensure
the proper functioning and integrity of law enforcement activities; to
prevent disclosure of investigative techniques; to maintain the
confidence of foreign governments in the integrity of the procedures
under which privileged or confidential information may be provided; to
fulfill commitments made to sources to protect their identities and the
confidentiality of information and to avoid endangering these sources
and law enforcement personnel; and to ensure the proper functioning of
the investigatory process, to ensure effective determination of
suitability, eligibility, and qualification for employment and to
protect the confidentiality of sources of information.
(b) [Reserved]
[FR Doc. 2014-14194 Filed 7-2-14; 8:45 am]
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