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.

Rules and Regulations Federal Register

4125 

Vol. 87, No. 18 

Thursday, January 27, 2022 

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, Privacy@hq.dhs.gov, 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 

■ 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 


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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 

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 

AGENCY: Food and Nutrition Service 

(FNS), Department of Agriculture 

(USDA). 

ACTION: Correcting amendments. 

SUMMARY: 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 

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: 


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