Federal Register / Vol. 87, No. 113 / Monday, June 13, 2022 / Notices 35723 

recommendations of the Committee 

have taken in account the needs of the 

diverse groups served by USDA, 

membership shall include to the extent 

possible, individuals with demonstrated 

ability to represent minorities, women, 

and persons with disabilities. USDA is 

an equal opportunity provider, 

employer, and lender. 

Dated: June 7, 2022. 

Cikena Reid, 

USDA Committee Management Officer. 

[FR Doc. 2022–12664 Filed 6–10–22; 8:45 am] 

BILLING CODE 3411–15–P 

COMMISSION ON CIVIL RIGHTS 

Notice of Public Meeting of the 

Minnesota Advisory Committee to the 

U.S. Commission on Civil Rights 

AGENCY: U.S. Commission on Civil 

Rights. 

ACTION: Announcement of virtual 

business meeting. 

SUMMARY: Notice is hereby given, 

pursuant to the provisions of the rules 

and regulations of the U.S. Commission 

on Civil Rights (Commission) and the 

Federal Advisory Committee Act, that 

the Minnesota Advisory Committee 

(Committee) to the U.S. Commission on 

Civil Rights will hold a virtual business 

meeting via Webex at 11:00 a.m. CT on 

Thursday, July 28, 2022. The purpose of 

this meeting is to discuss the 

Committee’s project on policing 

practices in the state. 

DATES: The meeting will take place on 

Thursday, July 28, 2022, from 11:00 

a.m.–12:00 p.m. CT. 

ADDRESSES: 

Link to Join (Audio/Visual): https://

tinyurl.com/4t2vm9b2 

Telephone (Audio Only): Dial (800) 

360–9505 USA Toll Free; Access 

Code: 2762 387 5157 

FOR FURTHER INFORMATION CONTACT: 

David Barreras, DFO, at dbarreras@

usccr.gov or (202) 656–8937. 

SUPPLEMENTARY INFORMATION: 

Committee meetings are available to the 

public through the conference link 

above. Any interested member of the 

public may listen to the meeting. An 

open comment period will be provided 

to allow members of the public to make 

a statement as time allows. If joining via 

phone, callers can expect to incur 

regular charges for calls they initiate 

over wireless lines, according to their 

wireless plan. The Commission will not 

refund any incurred charges. 

Individuals who are deaf, deafblind, and 

hard of hearing may also follow the 

proceedings by first calling the Federal 

Relay Service at (800) 877–8339 and 

providing the Service with the 

conference details found through 

registering at the web link above. To 

request additional accommodations, 

please email dbarreras@usccr.gov at 

least ten (10) days prior to the meeting. 

Members of the public are also 

entitled to submit written comments; 

the comments must be received within 

30 days following the meeting. Written 

comments may be emailed to Liliana 

Schiller at lschiller@usccr.gov. Persons 

who desire additional information may 

contact the Regional Programs 

Coordination Unit at (312) 353–8311. 

Records generated from this meeting 

may be inspected and reproduced at the 

Regional Programs Coordination Unit, 

as they become available, both before 

and after the meeting. Records of the 

meeting will be available via 

www.facadatabase.gov under the 

Commission on Civil Rights, Minnesota 

Advisory Committee link. Persons 

interested in the work of this Committee 

are directed to the Commission’s 

website, http://www.usccr.gov, or may 

contact the Regional Programs 

Coordination Unit at the above phone 

number. 

Agenda 

I. Welcome & Roll Call 

II. Civil Rights Discussion 

III. Public Comment 

IV. Next Steps 

V. Adjournment 

Dated: June 7, 2022. 

David Mussatt, 

Supervisory Chief, Regional Programs Unit. 

[FR Doc. 2022–12597 Filed 6–10–22; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF COMMERCE 

[Docket No. 220324–0077] 

Privacy Act of 1974; System of 

Records 

AGENCY: Department of Commerce, 

Office of Inspector General. 

ACTION: Notice of a modified system of 

records. 

SUMMARY: In accordance with the 

Privacy Act of 1974, as amended 

(Privacy Act), and the Office of 

Management and Budget (OMB) 

Circular A–108, ‘‘Federal Agency 

Responsibilities for Review, Reporting, 

and Publication under the Privacy Act,’’ 

the Department of Commerce (the 

Department) is issuing this notice of its 

intent to amend the system of records 

under ‘‘COMMERCE/DEPT–12, OIG 

Investigative Records’’ to change the 

system name to ‘‘COMMERCE/OIG–1, 

OIG Investigative Records,’’ and to 

generally update the system’s notice. 

This system of records is used by the 

Department’s Office of Inspector 

General (OIG) to carry out its statutory 

responsibilities under the Inspector 

General Act of 1978, as amended 

(Inspector General Act) to conduct and 

supervise investigations, prevent and 

detect fraud, waste, mismanagement, 

and abuse, and promote economy, 

efficiency, and effectiveness in 

Department programs and operations. 

We invite public comment on the 

system amendments announced in this 

publication. 

DATES: This amended system of records 

will become effective upon publication, 

subject to a 30-day comment period in 

which to comment on new or amended 

routine uses. To be considered, written 

comments must be submitted on or 

before July 13, 2022. 

ADDRESSES: Please address comments to 

the Office of Inspector General Office of 

Counsel, Room 7896, U.S. Department 

of Commerce, 1401 Constitution Avenue 

NW, Washington, DC 20230; by email to 

OIGCounsel@oig.doc.gov; or by 

facsimile to (202) 501–7335. 

FOR FURTHER INFORMATION CONTACT: OIG 

Office of Counsel Phone: (202) 792– 

3317. 

SUPPLEMENTARY INFORMATION: This 

notice announces several changes to the 

system of records for OIG investigative 

records. The sections of the system’s 

notice to be updated are: System Name; 

Security Classification; System 

Locations; Categories of Individuals 

Covered by the System; Categories of 

Records in the System; Authority for 

Maintenance of the System; Purposes; 

Routine Uses of Records Maintained in 

the System; Storage; Safeguards; 

Retention and Disposal; System 

Manager and Address; Record Access 

Procedures; Record Source Categories; 

and System Exemptions. Newly 

proposed routine use (RU) numbers 8 

and 25 are being added to permit, 

respectively, disclosures to the Office of 

Government Information Services 

(OGIS), National Archives and Records 

Administration (NARA) in connection 

with OGIS’s responsibilities under the 

Freedom of Information Act, 5 U.S.C. 

552, and to public authorities for use in 

computer matching programs. In 

addition, RU 21 is updated, and new RU 

22 is added in accordance with Office 

of Management and Budget (OMB) 

Memorandum M–17–12. This 

amendment also moves part of existing 

RU 9 (COMMERCE/DEPT–12) (now RU 

10) to a separately numbered new RU 5, 

with no substantive change, and makes 


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clarifying changes to RUs numbered 

below as 1, 5, and 23. Throughout the 

notice, this amendment makes other 

minor changes or administrative edits, 

including the reordering of sections 

consistent with OMB guidance, the 

deletion of RU 1 (COMMERCE/DEPT– 

12), which is duplicative as 

encompassed by RU 10 (COMMERCE/ 

DEPT–12) (now RU 11), and the 

renumbering of RUs as needed to reflect 

that deletion as well as the addition of 

the newly proposed RUs described 

above. 

The changes are needed to ensure that 

the notice for this system of records is 

up-to-date, accurate, and current, as 

required by the Privacy Act. OMB 

Circular A–108 requires agencies to 

periodically review systems of records 

notices for accuracy and completeness, 

paying special attention to changes in 

the manner in which records are 

organized, indexed, or retrieved that 

result in a change in the nature or scope 

of these records. When any of the 

aforementioned changes occur, the 

Privacy Act requires agencies to publish 

in the Federal Register upon revision of 

a system of records, a notice that 

describes the amendments to the system 

of records. 

The Privacy Act also requires each 

agency that proposes to establish a new 

system of records, or significantly 

modify an existing system of records 

(such as by adding new routine uses), to 

provide adequate advance notice of any 

such proposal to the OMB, the 

Committee on Oversight and Reform of 

the House of Representatives, and the 

Committee on Homeland Security and 

Governmental Affairs of the Senate (5 

U.S.C. 552a(r)). The purpose of 

providing the advance notice to OMB 

and Congress is to permit an evaluation 

of the potential effect of the proposal on 

the privacy and other rights of 

individuals. The Department filed a 

report describing the amended system of 

records covered by this notice with the 

Chair of the Senate Committee on 

Homeland Security and Governmental 

Affairs, the Chair of the House 

Committee on Oversight and Reform, 

and the Deputy Administrator of the 

Office of Information and Regulatory 

Affairs, OMB, on March 29, 2022. 

SYSTEM NAME AND NUMBER: 

COMMERCE/OIG–1, OIG 

Investigative Records. 

SECURITY CLASSIFICATION: 

Controlled Unclassified Information 

(CUI). 

SYSTEM LOCATIONS: 

U.S. Department of Commerce, Office 

of Inspector General, 1401 Constitution 

Avenue NW, Washington, DC 20230, 

and U.S. Department of Commerce, 

Office of Inspector General, regional and 

field offices. 

SYSTEM MANAGER AND ADDRESS: 

Assistant Inspector General for 

Investigations, Room 7886B, Office of 

Inspector General, United States 

Department of Commerce, 1401 

Constitution Ave. NW, Washington, DC 

20230. 

AUTHORITY FOR MAINTENANCE OF THE SYSTEM: 

The Inspector General Act of 1978, as 

amended, 5 U.S.C. App. (Inspector 

General Act). 

PURPOSE(S) OF THE SYSTEM: 

The records contained in this system 

are used or are available for use by the 

Office of Inspector General (OIG) to 

carry out its statutory responsibilities 

under the Inspector General Act to 

conduct and supervise investigations, 

prevent and detect fraud, waste, 

mismanagement, and abuse, and 

promote economy, efficiency, and 

effectiveness in the programs and 

operations of the Department of 

Commerce (the Department). The 

records may be used in the course of 

investigating individuals and entities 

suspected of criminal, civil, or 

administrative misconduct and in 

supporting related judicial and 

administrative proceedings or in 

conducting preliminary inquiries 

undertaken to determine whether to 

commence an investigation. 

CATEGORIES OF INDIVIDUALS COVERED BY THE

SYSTEM: 

In connection with its investigative 

duties, OIG maintains records in its 

records system on the following 

categories of individuals insofar as they 

may be relevant to any investigation or 

preliminary inquiry undertaken to 

determine whether to commence an 

investigation: subjects of investigations; 

complainants; witnesses; confidential 

and non-confidential informants; 

contractors; subcontractors; recipients of 

Federal funds and their contractors/ 

subcontractors and employees; 

individuals interacting with Department 

employees or management; current, 

former, and prospective Department 

employees; alleged violators of 

Department rules and regulations; union 

officials; individuals who are 

investigated and/or interviewed; 

persons suspected of violations of 

administrative, civil, and/or criminal 

provisions; grantees; sub-grantees; 

lessees; licensees; persons engaged in 

official business with the Department; 

or other persons identified by OIG or by 

other agencies, constituent units of the 

Department, and members of the general 

public in connection with the 

authorized functions of the OIG. 

CATEGORIES OF RECORDS IN THE SYSTEM: 

The system contains investigative 

reports and materials received, gathered, 

or created regarding or supporting 

investigations, or preliminary inquiries 

undertaken to determine whether to 

commence an investigation, of 

administrative, civil, and criminal 

matters by OIG and/or other Federal, 

State, local, tribal, territorial, nongovernmental, international, foreign 

regulatory, or foreign law enforcement 

agencies or entities. Categories of 

records may include: complaints; 

requests to investigate; information 

contained in criminal, civil, or 

administrative referrals; statements from 

subjects and/or witnesses; affidavits, 

transcripts, police reports, photographs, 

and/or documents relative to a subject’s 

prior criminal record; medical records; 

accident reports; materials and 

intelligence information from other 

governmental investigatory or law 

enforcement organizations; information 

relative to the status of a particular 

complaint or investigation, including 

any determination relative to criminal 

prosecution, civil, or administrative 

action; general case management 

documentation; subpoenas and 

evidence obtained in response to 

subpoenas; evidence logs; pen registers; 

correspondence; personal information, 

including financial, employment, and 

biometric data and Social Security 

Numbers; forensic computer images; 

records of investigation; and other data 

and evidence received, collected, or 

generated by OIG’s Office of 

Investigations while conducting its 

official duties. Social Security Numbers 

are maintained in the system pursuant 

to authority under the Inspector General 

Act and are collected or received and 

maintained in the system as necessary 

by OIG to carry out its statutory 

responsibilities under the Inspector 

General Act. 

RECORD SOURCE CATEGORIES: 

As described below in ‘‘Exemptions 

Promulgated for the System,’’ the OIG 

claims an exemption from disclosure of 

record source categories under 5 U.S.C. 

552a(e)(4)(I). Notwithstanding the 

foregoing, OIG may collect information 

from a wide variety of sources, 

including information from the 

Department and other Federal, State, 

and local agencies, subjects, witnesses, 

complainants, victims, confidential and 

non-confidential sources, individuals, 

and non-governmental entities. 


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ROUTINE USES OF RECORDS MAINTAINED IN THE

SYSTEM, INCLUDING CATEGORIES OF USERS AND

PURPOSES OF SUCH USES: 

In addition to those disclosures 

generally permitted under 5 U.S.C. 

552a(b), all or a portion of the records 

or information contained in this system 

may be disclosed to authorized 

individuals and/or entities, as is 

determined to be compatible with the 

purposes for which the record was 

collected, as a routine use pursuant to 

5 U.S.C. 552a(b)(3) as follows: 

1. In the course of presenting 

evidence to a court, magistrate, or 

administrative tribunal, including 

disclosures to duly-authorized 

investigators or opposing parties in the 

course of discovery or settlement 

negotiations. 

2. To a Member of Congress 

submitting a request involving an 

individual when the individual has 

requested assistance from the Member 

with respect to the subject matter of the 

record. 

3. To the Office of Management and 

Budget (OMB) in connection with the 

review of private relief legislation as set 

forth in OMB Circular No. A–19 at any 

stage of the legislative coordination and 

clearance process as set forth in that 

Circular. 

4. To the Department of Justice (DOJ) 

or any other Federal agency that has an 

interest in the record in connection with 

determining whether disclosure thereof 

is required by the Freedom of 

Information Act (5 U.S.C. 552) (FOIA). 

5. To DOJ or any other Federal 

agency, to the extent necessary to obtain 

their advice on any matter relevant to an 

OIG investigation, including matters 

concerning the FOIA and the Privacy 

Act (5 U.S.C. 552a). 

6. To the Office of Personnel 

Management (OPM) for personnel 

research purposes; as a data source for 

management information; for the 

production of summary descriptive 

statistics and analytical studies in 

support of the function for which the 

records are collected and maintained; or 

for related manpower studies. 

7. To the General Services 

Administration (GSA) or the National 

Archives and Records Administration 

(NARA) during an inspection of records 

conducted by GSA or NARA under the 

authority of 44 U.S.C. 2904 and 2906. 

Such disclosure shall be made in 

accordance with the GSA or NARA 

regulations governing inspection of 

records for this purpose and any other 

relevant (i.e., GSA, NARA, or 

Department) directive. Such disclosure 

shall not be used to make 

determinations about individuals. 

8. To the Office of Government 

Information Services (OGIS), NARA, to 

the extent necessary to fulfill its 

responsibilities in 5 U.S.C. 552(h) to 

review administrative policies, 

procedures, and compliance with the 

FOIA, and to facilitate OGIS’ offering of 

mediation services to resolve disputes 

between persons making FOIA requests 

and administrative agencies. 

9. To the appropriate agency or entity, 

whether Federal, State, local, tribal, 

territorial, foreign, or international, 

charged with the responsibility for 

investigating or prosecuting a violation 

of any law, rule, regulation, or order. 

Routine use for law enforcement 

purposes also includes disclosure to 

individuals or to agencies, whether 

Federal, State, local, tribal, territorial, 

foreign, or international, when 

necessary to further the ends of an 

investigation. 

10. To the DOJ or any other Federal 

agency that is responsible for 

representing Department interests in 

connection with judicial, 

administrative, or other proceedings. 

This includes circumstances in which: 

(1) the Department or OIG, or any 

component thereof; 

(2) any employee of the Department or 

OIG in his or her official capacity; 

(3) any employee of the Department or 

OIG in his or her individual capacity, 

where DOJ or any other agency that is 

responsible for representing Department 

interests has agreed to represent or is 

considering a request to represent the 

employee; or 

(4) the United States, or any of its 

components, is a party to a pending or 

potential judicial, administrative, or 

other proceeding or has an interest in 

such proceeding; the Department or OIG 

is likely to be affected by the 

proceeding; or the Department or OIG 

determines that the use of such records 

by the DOJ or any other Federal agency 

that is responsible for representing 

Department interests is relevant and 

necessary to the proceeding. 

11. To any source from which 

additional information is requested in 

order to obtain information relevant to: 

A decision by either the Department or 

OIG concerning the hiring, assignment, 

or retention of an individual or other 

personnel action; the issuance, renewal, 

retention, or revocation of a security 

clearance; the execution of a security or 

suitability investigation; the letting of a 

contract; or the issuance, retention, or 

revocation of a license, grant, award, 

contract, or other benefit to the extent 

the information is relevant and 

necessary to a decision by the 

Department or OIG on the matter. 

12. To a Federal, State, local, tribal, 

territorial, foreign, international, or 

other public authority in response to its 

request in connection with: The hiring, 

assignment, or retention of an 

individual; the issuance, renewal, 

retention, or revocation of a security 

clearance; the reporting of an 

investigation of an individual; the 

execution of a security or suitability 

investigation; the letting of a contract; or 

the issuance, retention, or revocation of 

a license, grant, award, contract, or 

other benefit conferred by that entity to 

the extent that the information is 

relevant and necessary to the requesting 

entity’s decision on the matter. 

13. In the event that a record, either 

by itself or in combination with other 

information, indicates a violation or 

potential violation of law or contract, 

whether civil, criminal or regulatory in 

nature, and whether arising by general 

statute or particular program statute or 

contract, or rule, regulation, or order 

issued pursuant thereto, or the necessity 

to protect an interest of the Department 

or OIG, the relevant records in the 

system of records may be referred, as a 

routine use, to the appropriate agency or 

entity, whether federal, state, local, 

tribal, territorial, or foreign, or 

international, charged with the 

responsibility of investigating or 

prosecuting such violation or charged 

with enforcing or implementing the 

statute or contract, or rule, regulation or 

order issued pursuant thereto, or 

protecting the interest of the Department 

or OIG. 

14. To any source from which 

additional information is requested, 

either private or governmental, to the 

extent necessary to solicit information 

relevant to any investigation, audit, or 

evaluation. 

15. To a foreign government or 

international organization pursuant to 

an international treaty, convention, 

implementing legislation, or executive 

agreement entered into by the United 

States. 

16. To contractors, grantees, 

consultants, or volunteers performing or 

working on a contract, service, grant, 

cooperative agreement, job, or other 

activity for the Department or OIG, who 

have a need to access the information in 

the performance of their duties or 

activities. When appropriate, recipients 

will be required to comply with the 

requirements of the Privacy Act as 

provided in 5 U.S.C. 552a(m). 

17. To representatives of OPM, the 

Office of Special Counsel, the Merit 

Systems Protection Board, the Federal 

Labor Relations Authority, the Equal 

Employment Opportunity Commission, 

the Office of Government Ethics, and 


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other Federal agencies in connection 

with their efforts to carry out their 

responsibilities to conduct 

examinations, investigations, and/or 

settlement efforts, in connection with 

administrative grievances, complaints, 

claims, or appeals filed by an employee, 

or as may be authorized by law. 

18. To a grand jury agent pursuant to 

a Federal or State grand jury subpoena 

or to a prosecution request that such 

record be released for the purpose of its 

introduction to a grand jury. 

19. To the Departments of the 

Treasury and Justice in circumstances in 

which OIG seeks to obtain, or has in fact 

obtained, an ex parte court order to 

obtain tax return information from the 

Internal Revenue Service. 

20. To any Federal official charged 

with the responsibility to conduct 

qualitative assessment reviews of 

internal safeguards and management 

procedures employed in investigative 

operations for purposes of reporting to 

the President and Congress on the 

activities of OIG. This disclosure 

category includes other Federal Offices 

of Inspectors General and members of 

the Council of the Inspectors General on 

Integrity and Efficiency, and officials 

and administrative staff within their 

investigative chain of command, as well 

as authorized officials of DOJ and its 

component, the Federal Bureau of 

Investigation. 

21. To appropriate agencies, entities, 

and persons when (1) the Department or 

the OIG suspects or has confirmed that 

there has been a breach of the system of 

records; (2) the Department or the OIG 

has determined that as a result of the 

suspected or confirmed breach there is 

a risk of harm to individuals, the 

Department, the OIG (including its 

information systems, programs, and 

operations), the Federal Government, or 

national security; and (3) the disclosure 

made to such agencies, entities, and 

persons is reasonably necessary to assist 

in connection with the Department’s or 

OIG’s efforts to respond to the suspected 

or confirmed breach or to prevent, 

minimize, or remedy such harm. 

22. To another Federal agency or 

Federal entity, when the OIG 

determines that information from this 

system of records is reasonably 

necessary to assist the recipient agency 

or entity in (1) responding to a 

suspected or confirmed breach or (2) 

preventing, minimizing, or remedying 

the risk of harm to individuals, the 

recipient agency or entity (including its 

information systems, programs, and 

operations), the Federal Government, or 

national security, resulting from a 

suspected or confirmed breach. 

23. To the public or to the media for 

release to the public when (1) the matter 

under investigation has become public 

knowledge or the Inspector General 

determines that such disclosure is 

necessary to preserve confidence in the 

integrity of the Inspector General audit, 

inspection, review, or investigative 

process, or is necessary to demonstrate 

the accountability of Department 

employees, officers, or individuals 

covered by the system; and (2) the 

Inspector General, after receipt of a 

written recommendation from Counsel 

to the Inspector General, makes a 

written determination that the release of 

the specific information in the context 

of a particular case would not constitute 

an unwarranted invasion of personal 

privacy. 

24. To Congress, congressional 

committees, or the staffs thereof, in 

order to fulfill the Inspector General’s 

responsibility, as mandated by the 

Inspector General Act, to keep the 

Congress fully and currently informed 

concerning fraud and other serious 

problems, abuses, and deficiencies 

concerning the administration of 

programs and operations administered 

or financed by the Department. 

25. To a Federal, State, local, or 

foreign agency, or other public 

authority, for use in computer matching 

programs or similar activities, as 

authorized by the Inspector General Act, 

to prevent and detect fraud, waste, and 

abuse and to support civil and criminal 

law enforcement activities of any agency 

or its components. 

POLICIES AND PRACTICES FOR STORAGE OF

RECORDS: 

Paper records and other media 

(photographs, audio recording, 

diskettes, CDs, etc.) are kept in limitedaccess areas during duty hours, which 

are locked during nonduty hours. 

Electronic records are maintained on 

servers, which house OIG’s case 

management system and electronic 

discovery tool. Servers are maintained 

in a secured, restricted-area facility. 

POLICIES AND PRACTICES FOR RETRIEVAL OF

RECORDS: 

Electronic searches may be performed 

by search criteria that include case 

numbers, names of individuals or 

organizations, and other key word 

search variations. Paper records are 

retrieved by indices cross-referenced to 

file numbers. 

POLICIES AND PRACTICES FOR RETENTION AND

DISPOSAL OF RECORDS: 

Records are retained and disposed of 

in accordance with OIG Records 

Retention Schedules approved by 

NARA. 

ADMINISTRATIVE, TECHNICAL, AND PHYSICAL

SAFEGUARDS: 

Paper records are kept in limitedaccess areas during duty hours and in 

locked offices during nonduty hours, 

and are used only by authorized, 

screened personnel. Electronic records 

are stored on servers maintained in a 

locked facility that is secured at all 

times by security systems and video 

cameras. Data in the system are 

encrypted and password protected. 

Access to electronic records is restricted 

to OIG staff and contractors individually 

authorized to access the case 

management or electronic discovery 

system. Passwords are changed 

periodically, in accordance with OIG 

policy. Backup tapes are stored in a 

locked and controlled room in a secure 

off-site facility. 

RECORD ACCESS PROCEDURES: 

The Inspector General has exempted 

this system from the access procedures 

of the Privacy Act. 

CONTESTING RECORD PROCEDURES: 

The Inspector General has exempted 

this system from the contest procedures 

of the Privacy Act. 

NOTIFICATION PROCEDURES: 

The Inspector General has exempted 

this system from the procedures of the 

Privacy Act relating to individuals’ 

requests for notification of the existence 

of records on themselves. 

EXEMPTIONS PROMULGATED FOR THE SYSTEM: 

Under 5 U.S.C. 552a(j)(2), the head of 

any agency may exempt any system of 

records within the agency from certain 

provisions of the Privacy Act, if the 

agency or component that maintains the 

system performs as its principal 

function any activities pertaining to the 

enforcement of criminal laws. The 

Inspector General Act mandates that the 

Inspector General recommend policies 

for, and conduct, supervise and 

coordinate activities in the Department 

and between the Department and other 

Federal, State, and local government 

agencies with respect to all matters 

relating to the prevention and detection 

of fraud in programs and operations 

administered or financed by the 

Department, and to the identification 

and prosecution of participants in such 

fraud. Under the Inspector General Act, 

whenever the Inspector General has 

reasonable grounds to believe there has 

been a violation of Federal criminal law, 

the Inspector General must report the 

matter expeditiously to the Attorney 

General. In addition to these principal 

functions pertaining to the enforcement 

of criminal laws, the Inspector General 


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Federal Register / Vol. 87, No. 113 / Monday, June 13, 2022 / Notices 35727 

may receive and investigate complaints 

on information from various sources 

concerning the possible existence of 

activities constituting violations of law, 

rules, or regulations, or 

mismanagement, gross waste of funds, 

abuses of authority, or substantial and 

specific danger to the public health and 

safety. The provisions of the Privacy Act 

from which exemptions are claimed 

under 5 U.S.C. 552a(j)(2) are as follows: 

5 U.S.C. 552a(c)(3) and (4); 5 U.S.C. 

552a(d); 5 U.S.C. 552a(e)(1), (2) and (3); 

5 U.S.C. 552a(e)(4)(G), (H), and (I); 5 

U.S.C. 552a(e)(5) and (8); 5 U.S.C. 

552a(f); and 5 U.S.C. 552a(g). 

To the extent that the exemption 

under 5 U.S.C. 552a(j)(2) is held to be 

invalid, then the exemptions under 5 

U.S.C. 552a(k)(1), (k)(2), and (k)(5) are 

claimed for all material which meets the 

criteria of these three subsections. 

The provisions of the Privacy Act 

from which exemptions are claimed 

under 5 U.S.C. 552a(k)(1), (k)(2) and 

(k)(5) are as follows: 5 U.S.C. 552a(c)(3); 

5 U.S.C. 552a(d); 5 U.S.C. 552a(e)(1); 5 

U.S.C. 552a(e)(4)(G), (H), and (I); and 5 

U.S.C. 552a(f). 

Reasons for exemptions: In general, 

the exemption of this information and 

material is necessary to accomplish the 

law enforcement function of the Office 

of Inspector General, to prevent subjects 

of investigations from frustrating the 

investigatory process, to prevent the 

disclosure of investigative techniques, 

to fulfill commitments made to protect 

the confidentiality of sources, to 

maintain access to sources of 

information, and to avoid endangering 

these sources and law enforcement 

personnel. Additional details are as 

follows: 

Reasons for exemptions under 5 

U.S.C. 552a(j)(2) and (k)(2): 

(1) 5 U.S.C. 552a(c)(3) requires that 

upon request, an agency must give an 

individual named in a record an 

accounting which reflects the disclosure 

of the record to other persons or 

agencies. This accounting must state the 

date, nature, and purpose of each 

disclosure of the record and the name 

and address of the recipient. The 

application of this provision would alert 

subjects of an investigation to the 

existence of the investigation and that 

such persons are subjects of that 

investigation. Since release of such 

information to subjects of an 

investigation would provide the subjects 

with significant information concerning 

the nature of the investigation, it could 

result in the altering or destruction of 

documentary evidence, improper 

influencing of witnesses, and other 

activities that could impede or 

compromise the investigation. More 

broadly, the application of this 

provision could reveal the OIG’s 

investigative interests, which could 

compromise those investigative 

interests. Application of this provision 

could also disclose the confidentiality 

or privacy interests of others. 

(2) 5 U.S.C. 552a(c)(4), (d), (e)(4)(G) 

and (H), (f) and (g) relate to an 

individual’s right to be notified of the 

existence of records pertaining to such 

individual; requirements for identifying 

an individual who requests access to 

records; the agency procedures relating 

to access to records and the contest of 

information contained in such records; 

and the civil remedies available to the 

individual in the event of adverse 

determinations by an agency concerning 

access to or amendment of information 

contained in records systems. This 

system is exempt from the foregoing 

provisions for the reasons set forth in 

this paragraph. Notifying an individual 

at the individual’s request of the 

existence of investigative records 

pertaining to such individual, or 

granting access to an investigative file, 

could interfere with investigative and 

enforcement proceedings, deprive codefendants of a right to a fair trial or 

other impartial adjudication, constitute 

an unwarranted invasion of personal 

privacy of others, disclose the identity 

of confidential sources, reveal 

confidential information supplied by 

these sources, and disclose investigative 

techniques and procedures. 

(3) 5 U.S.C. 552a(e)(4)(I) requires the 

publication of the categories of sources 

of records in each system of records. 

The application of this provision could 

require disclosure of investigative 

techniques and procedures and cause 

sources to refrain from giving such 

information because of fear of reprisal, 

or fear of breach of promises of 

anonymity and confidentiality. This 

would compromise the ability to 

conduct investigations, and to identify, 

detect, and apprehend violators. 

(4) 5 U.S.C. 552a(e)(1) requires each 

agency to maintain in its records only 

such information about an individual 

that is relevant and necessary to 

accomplish a purpose of the agency 

required by statute or Executive Order. 

An exemption from the foregoing is 

needed: 

a. Because it is not possible to 

determine relevance or necessity of 

specific information in the early stages 

of a criminal or other investigation. 

b. Relevance and necessity are 

questions of judgment and timing. What 

appears relevant and necessary when 

collected may ultimately be determined 

to be unnecessary. It is only after the 

information is evaluated that the 

relevance and necessity of such 

information can be established. 

c. In any investigation the Inspector 

General may obtain information 

concerning the violations of laws other 

than those within the scope of his or her 

jurisdiction. In the interest of effective 

law enforcement, the Inspector General 

should retain this information as it may 

aid in establishing patterns of criminal 

activity and provide leads for those law 

enforcement agencies charged with 

enforcing other segments of criminal or 

civil law. 

d. In interviewing persons, or 

obtaining other forms of evidence 

during an investigation, information 

may be supplied to the investigator 

which relates to matters incidental to 

the main purpose of the investigation, 

but which may relate to matters under 

the investigative jurisdiction of another 

agency. Such information cannot readily 

be segregated. 

(5) 5 U.S.C. 552a(e)(2) requires an 

agency to collect information to the 

greatest extent practicable directly from 

the subject individual when the 

information may result in adverse 

determinations about an individual’s 

rights, benefits, and privileges under 

Federal programs. The application of 

the provision would impair 

investigations of illegal acts, violations 

of the rules of conduct, merit system, 

and any other misconduct for the 

following reasons: 

a. In certain instances the subject of 

an investigation cannot be required to 

supply information to investigators. In 

those instances, information relating to 

a subject’s illegal acts, violations of 

rules of conduct, or any other 

misconduct, etc., must be obtained from 

other sources. 

b. Most information collected about 

an individual under investigation is 

obtained from third parties such as 

witnesses and informers. It is not 

feasible to rely upon the subject of the 

investigation as a source for information 

regarding his or her activities. 

c. The subject of an investigation will 

be alerted to the existence of an 

investigation if any attempt is made to 

obtain information from the subject. 

This could afford the individual the 

opportunity to conceal any criminal 

activities to avoid apprehension. 

d. In any investigation, it is necessary 

to obtain evidence from a variety of 

sources other than the subject of the 

investigation to verify the evidence 

necessary for successful litigation. 

(6) 5 U.S.C. 552a(e)(3) requires that an 

agency must inform an individual who 

is asked to supply information of: 

a. The authority under which the 

information is sought and whether 


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35728 Federal Register / Vol. 87, No. 113 / Monday, June 13, 2022 / Notices 

disclosure of the information is 

mandatory or voluntary, 

b. The purposes for which the 

information is intended to be used, 

c. The routine uses which may be 

made of the information, and 

d. The effects on the individual, if 

any, of not providing the requested 

information. The reasons for exempting 

this system of records from the 

foregoing provision are as follows: 

(i) The disclosure to the subject of the 

investigation as stated in (b) above 

would provide the subject with 

substantial information relating to the 

nature of the investigation and could 

impede or compromise the 

investigation. 

(ii) If the subject were informed of the 

information required by this provision, 

it could seriously interfere with 

undercover activities requiring 

disclosure of undercover agents’ 

identity and impairing their safety, as 

well as impairing the successful 

conclusion of the investigation. 

(iii) Individuals may be contacted 

during preliminary informationgathering in investigations before any 

individual is identified as the subject of 

an investigation. Informing the 

individual of the matters required by 

this provision would hinder or 

adversely affect any present or 

subsequent investigations. 

(7) 5 U.S.C. 552a(e)(5) requires that 

records be maintained with such 

accuracy, relevance, timeliness, and 

completeness as is reasonably necessary 

to assure fairness to the individual in 

making any determination about an 

individual. Because the law defines 

‘‘maintain’’ to include the collection of 

information, complying with this 

provision would prevent the collection 

of any data not shown to be accurate, 

relevant, timely, and complete at the 

moment of its collection. In gathering 

information during the course of an 

investigation it is not possible to 

determine this prior to collection of the 

information. Facts are first gathered and 

then placed into a logical order which 

objectively proves or disproves criminal 

behavior on the part of the suspect. 

Material which may seem unrelated, 

irrelevant, incomplete, untimely, etc., 

may take on added meaning as an 

investigation progresses. The 

restrictions in this provision could 

interfere with the preparation of a 

complete investigative report. 

(8) 5 U.S.C. 552a(e)(8) requires an 

agency to make reasonable efforts to 

serve notice on an individual when any 

record of such individual is made 

available to any persons under 

compulsory legal process when such 

process becomes a matter of public 

record. The notice requirements of this 

provision could prematurely reveal an 

ongoing criminal investigation to the 

subject of the investigation. 

Reasons for exemptions under 5 

U.S.C. 552a(k)(1): 

(1) 5 U.S.C. 552a(c)(3) requires that 

upon request, an agency must give an 

individual named in a record an 

accounting which reflects the disclosure 

of the record to other persons or 

agencies. This accounting must state the 

date, nature, and purpose of each 

disclosure of the record and the name 

and address of the recipient. The 

application of this provision would alert 

subjects of an investigation to the 

existence of the investigation, and that 

such persons are subjects of that 

investigation, information which if 

known might cause damage to national 

defense or foreign policy. 

(2) 5 U.S.C. 552a(d), (e)(4)(G) and (H), 

and (f) relate to an individual’s right to 

be notified of the existence of records 

pertaining to such individual; 

requirements for identifying an 

individual who requests access to 

records; and the agency procedures 

relating to access to records and the 

contest of information contained in such 

records. This system is exempt from the 

foregoing provisions for the following 

reasons: To notify an individual at the 

individual’s request of the existence of 

records in an investigative file 

pertaining to such individual or to grant 

access to an investigative file could 

interfere with investigations undertaken 

in connection with national security; or 

could disclose the identity of sources 

kept secret to protect national defense or 

foreign policy or reveal confidential 

information supplied by these sources. 

(3) 5 U.S.C. 552a(e)(4)(I) requires the 

publication of the categories of sources 

of records in each system of records. 

The application of this provision could 

disclose the identity of sources kept 

secret to protect national defense or 

foreign policy. 

(4) 5 U.S.C. 552a(e)(1) requires each 

agency to maintain in its records only 

such information about an individual 

that is relevant and necessary to 

accomplish a purpose of the agency 

required by statute or Executive Order. 

An exemption from the foregoing is 

needed: 

a. Because it is not possible to 

determine relevance or necessity of 

specific information in the early stages 

of an investigation involving national 

defense or foreign policy matters. 

b. Relevance and necessity are 

questions of judgment and timing. What 

appears relevant and necessary when 

collected may ultimately be determined 

to be unnecessary. It is only after the 

information is evaluated that the 

relevance and necessity of such 

information can be established. 

c. In any investigation the Inspector 

General may obtain information 

concerning the violations of laws other 

than those within the scope of his or her 

jurisdiction. In the interests of effective 

law enforcement, the Inspector General 

should retain this information as it may 

aid in establishing patterns of criminal 

activity and provide leads for those law 

enforcement agencies charged with 

enforcing other segments of criminal or 

civil law. 

d. In interviewing persons, or 

obtaining forms of evidence during an 

investigation, information may be 

supplied to the investigator which relate 

to matters incidental to the main 

purpose of the investigation, but which 

may relate to matters under the 

investigative jurisdiction of another 

agency. Such information cannot readily 

be segregated. 

Reasons for exemptions under 5 

U.S.C. 552a(k)(5): 

(1) 5 U.S.C. 552a(c)(3) requires that 

upon request, an agency must give an 

individual named in a record an 

accounting which reflects the disclosure 

of the record to other persons or 

agencies. This accounting must state the 

date, nature, and purpose of each 

disclosure of the record and the name 

and address of the recipient. The 

application of this provision would alert 

subjects of an investigation to the 

existence of the investigation and that 

such persons are subjects of that 

investigation. Since release of such 

information to subjects of an 

investigation would provide the subject 

with significant information concerning 

the nature of the investigation, it could 

result in the altering or destruction of 

documentary evidence, improper 

influencing of witnesses, and other 

activities that could impede or 

compromise the investigation. 

(2) 5 U.S.C. 552a(d), (e)(4)(G) and (H), 

and (f) relate to an individual’s right to 

be notified of the existence of records 

pertaining to such individual; 

requirements for identifying an 

individual who requests access to 

records; and the agency procedures 

relating to access to records and the 

contest of information contained in such 

records. This system is exempt from the 

foregoing provisions for the reasons set 

forth in this paragraph. Notifying an 

individual at the individual’s request of 

the existence of investigative records 

pertaining to such individual, or 

granting access to an investigative file, 

could interfere with investigative and 

enforcement proceedings, deprive codefendants of a right to a fair trial or 


khammond on DSKJM1Z7X2PROD with NOTICES
Federal Register / Vol. 87, No. 113 / Monday, June 13, 2022 / Notices 35729 

other impartial adjudication, constitute 

an unwarranted invasion of personal 

privacy of others, disclose the identity 

of confidential sources and reveal 

confidential information supplied by 

these sources, and disclose investigative 

techniques and procedures. 

(3) 5 U.S.C. 552a(e)(4)(I) requires the 

publication of the categories of sources 

of records in each system of records. 

The application of this provision could 

disclose investigative techniques and 

procedures and cause sources to refrain 

from giving such information because of 

fear of reprisal, or fear of breach of 

promises of anonymity and 

confidentiality. This would compromise 

the ability to conduct investigations, 

and to make fair and objective decisions 

on questions of suitability for Federal 

employment and related issues. 

(4) 5 U.S.C. 552a(e)(1) requires each 

agency to maintain in its records only 

such information about an individual 

that is relevant and necessary to 

accomplish a purpose of the agency 

required by statute or Executive Order. 

An exemption from the foregoing is 

needed: 

a. Because it is not possible to 

determine relevance or necessity of 

specific information in the early stages 

of an investigation. 

b. Relevance and necessity are 

questions of judgment and timing. What 

appears relevant and necessary when 

collected may ultimately be determined 

to be unnecessary. It is only after that 

information is evaluated that the 

relevance and necessity of such 

information can be established. 

c. In any investigation the Inspector 

General may obtain information 

concerning the violations of laws other 

than those within the scope of his or her 

jurisdiction. In the interest of effective 

law enforcement, the Inspector General 

should retain this information as it may 

aid in establishing patterns of criminal 

activity and provide leads for those law 

enforcement agencies charged with 

enforcing other segments of criminal or 

civil law. 

d. In interviewing persons, or 

obtaining other forms of evidence 

during an investigation, information 

may be supplied to the investigator 

which relate to matters incidental to the 

main purpose of the investigation, but 

which may relate to matters under 

investigative jurisdiction of another 

agency. Such information cannot readily 

be segregated. 

HISTORY: 

80 FR 34887, June 18, 2015, Effective 

Date Notice. 

80 FR 26217, May 7, 2015, Notice of 

Proposed Amendment. 

77 FR 15038, March 14, 2012, 

Effective Date Notice. 

77 FR 5234, February 2, 2012, Notice 

of Proposed Amendment. 

77 FR 2692, January 19, 2012, Notice 

of Proposed Amendment. 

March 29, 2022, Notice of New 

System of Record. 

Jennifer Goode, 

Department of Commerce, Deputy Director 

and Acting Chief Privacy Officer, and Director 

of the Office of Privacy and Open 

Government. 

[FR Doc. 2022–12565 Filed 6–10–22; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

Economic Development Administration 

Notice of National Advisory Council on 

Innovation and Entrepreneurship 

Meeting 

AGENCY: Economic Development 

Administration, U.S. Department of 

Commerce. 

ACTION: Notice of an open meeting. 

SUMMARY: The National Advisory 

Council on Innovation and 

Entrepreneurship (NACIE) will hold a 

public meeting on Tuesday, July 12, 

2022. In May 2022, U.S. Secretary of 

Commerce Gina M. Raimondo 

appointed a new cohort of 32 members 

who will serve two-year terms. Members 

will meet for the first time to hear from 

Federal innovation and 

entrepreneurship policymakers and 

discuss potential policies that would 

foster innovation, increase the rate of 

technology commercialization, and 

catalyze the creation of jobs in the 

United States. Topics to be covered 

include the development of a national 

entrepreneurship strategy, an overview 

of Federal support for technology 

innovation and entrepreneurship, and 

an exploration of critical emerging 

technologies. 

DATES: Tuesday July 12, 2022, 9:00 

a.m.–4:00 p.m. ET. 

ADDRESSES: Herbert Clark Hoover 

Building (HCHB), 1401 Constitution 

Ave. NW, Washington, DC 20230. The 

main entrance to HCHB is located on 

the west side of 14th St. NW between D 

St. NW, and Constitution Ave. NW, and 

a valid government-issued ID is required 

to enter the building. Visitors to HCHB 

must comply with and adhere to the 

Department of Commerce’s COVID–19 

policies and protocols in effect at the 

time of the meeting, which can be found 

at the Department’s COVID–1 

Information Hub at https://

www.commerce.gov/covid-19- 

information-hub. Please note that preclearance is required both to attend the 

meeting in person and to make a 

statement during the public comment 

portion of the meeting. Please limit 

comments to five minutes or less and 

submit a brief statement summarizing 

your comments to Eric Smith (see 

contact information below) no later than 

11:59 p.m. ET on Wednesday, July 6, 

2022. Teleconference or web conference 

connection information will be 

published prior to the meeting along 

with the agenda on the NACIE website 

at https://www.eda.gov/oie/nacie/. 

FOR FURTHER INFORMATION CONTACT: Eric 

Smith, Office of Innovation and 

Entrepreneurship, 1401 Constitution 

Avenue NW, Room 78018, Washington, 

DC 20230; email: nacie@doc.gov; 

telephone: +1 202 482 8001. Please 

reference ‘‘NACIE July 2022 Meeting’’ in 

the subject line of your correspondence. 

SUPPLEMENTARY INFORMATION: NACIE, 

established pursuant to Section 25(c) of 

the Stevenson-Wydler Technology 

Innovation Act of 1980, as amended (15 

U.S.C. 3720(c)), and managed by EDA’s 

Office of Innovation and 

Entrepreneurship, is a Federal Advisory 

Committee Act committee that provides 

advice directly to the Secretary of 

Commerce. 

NACIE will be charged with 

developing a national entrepreneurship 

strategy that strengthens America’s 

ability to compete and win as the 

world’s leading startup nation and as 

the world’s leading innovator in critical 

emerging technologies. NACIE is also 

charged with identifying and 

recommending solutions to drive the 

innovation economy, including growing 

a skilled STEM workforce and removing 

barriers for entrepreneurs ushering 

innovative technologies into the market. 

The council also facilitates federal 

dialogue with the innovation, 

entrepreneurship, and workforce 

development communities. Throughout 

its history, NACIE has presented 

recommendations to the Secretary of 

Commerce along the research-to-jobs 

continuum, such as increasing access to 

capital, growing and connecting 

entrepreneurial communities, fostering 

small business-driven research and 

development, supporting the 

commercialization of key technologies, 

and developing the workforce of the 

future. 

The final agenda for the meeting will 

be posted on the NACIE website at 

http://www.eda.gov/oie/nacie/ prior to 

the meeting. Any member of the public 

may submit pertinent questions and 

comments concerning NACIE’s affairs at 

any time before or after the meeting. 


khammond on DSKJM1Z7X2PROD with NOTICES