[Federal Register Volume 68, Number 118 (Thursday, June 19, 2003)]
[Notices]
[Pages 36827-36828]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-15511]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Office of Inspector General


Privacy Act of 1974; Proposed Revisions to the OIG's Privacy Act 
Systems of Records

AGENCY: Office of Inspector General (OIG), HHS.

ACTION: Notice of proposed revisions to existing Privacy Act systems of 
records.

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SUMMARY: The Office of Inspector General proposes to revise both the 
existing system of records, entitled ``Criminal Investigative Files'' 
(09-90-0003), last updated on November 2, 1990 (55 FR 46248), and the 
existing system of records, entitled ``Civil and Administrative 
Investigative Files'' (09-90-0100), last updated on September 30, 1982 
(47 FR 43190). These systems of records, maintained by the OIG, are 
being revised to comply with requirements established by the Homeland 
Security Act of 2002 (Pub. L. 107-296; November 25, 2002). We intend to 
revise these systems by adding a new routine use to allow disclosure of 
information to authorized officials within the President's Council on 
Integrity and Efficiency (PCIE), who are charged with the 
responsibility for conducting qualitative assessment reviews of 
investigative operations.

DATES: Effective Date: These revisions will become effective, without 
further notice, on August 4, 2003, unless comments received on or 
before that date result in a contrary determination.
    Comment date: Comments on these revisions will be considered if we 
receive them at the address provided below no later than 5 p.m. on July 
21, 2003. Interested persons may submit written comments on this 
proposal to the address indicated below.

ADDRESSES: Please mail or deliver written comments to the following 
address: Office of Inspector General, Office of Counsel to the 
Inspector General, 330 Independence Avenue, SW., Washington, DC 20201, 
Attention: OIG-0503-N.
    We do not accept comments by facsimile (FAX) transmission. In 
commenting, please refer to file code OIG-0503-N. Comments received 
timely will be available for public inspection as they are received, 
generally beginning approximately 2 weeks after publication of a 
document, in Room 5541 of the Office of Inspector General at 330 
Independence Avenue, SW., Washington, DC, on Monday through Friday of 
each week from 8 a.m. to 4:30 p.m.

FOR FURTHER INFORMATION CONTACT: Joel Schaer, Office of Counsel to the 
Inspector General, (202) 619-0335.

SUPPLEMENTARY INFORMATION: This notice is in accordance with the 
Privacy Act requirement that agencies publish their amended systems of 
records in the Federal Register when there is a revision, change, or 
addition. The OIG has reviewed its systems of records and has 
determined that both its Investigation Case Files record system and its 
Civil and Administrative Investigative Files must be revised to add a 
routine use in order to comply with the Homeland Security Act of 2002. 
Specifically, section 812(7) of the Act states that: ``[T]o ensure the 
proper exercise of the law enforcement powers authorized by the 
subsection, the Office of Inspector General described in paragraph (3) 
shall, not later than 180 days after the enactment of this subsection, 
collectively enter into a memorandum of understanding to establish an 
external review process for ensuring that adequate internal safeguards 
and management procedures continue to exist with each Office and within 
any Office that later receives an authorization under paragraph (2). 
The review process shall be established in consultation with the 
Attorney General, who shall be provided with a copy of the memorandum 
of understanding that establishes the review process. Under the review 
process, the exercise of the law enforcement powers by each Office of 
Inspector General shall be reviewed periodically by another Office of 
Inspector General or by a committee of Inspectors General. The results 
of each review shall be communicated in writing to the applicable 
Inspector General and to the Attorney General.''
    Specifically, we are proposing to amend the section for ``Routine 
uses of records maintained in the system, including categories of users 
and purposes of such uses'' in both systems of records (1) by adding a 
new paragraph n. to the current Criminal Investigative Files; and (2) 
by adding a new paragraph (12) to the current Civil and Administrative 
Investigative Files. The additional routine use paragraphs will allow 
the disclosure of information to authorized officials within the PCIE, 
the Department of Justice, and the Federal Bureau of Investigation, as 
necessary, for the purpose of conducting qualitative assessment reviews 
of the OIG's investigative operations to ensure that adequate internal 
safeguards and management procedures are maintained.

[[Page 36828]]

    Accordingly, both systems of records would be amended as set forth 
below:
    1. The Criminal Investigative Files of the Inspector General (09-
90-0003) would be amended by adding a new paragraph n. under the 
subheading for ``Routine Uses of Records Maintained in the System, 
Including Categories of Users and Purpose of Such Uses'' to read as 
follows:


ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND PURPOSE OF SUCH USES:
* * * * *
    n. A record may be disclosed to any official charged with the 
responsibility to conduct qualitative assessment reviews of internal 
safeguards and management procedures employed in investigative 
operations. This disclosure category includes members of the 
President's Council on Integrity and Efficiency and officials and 
administrative staff within their investigative chain of command, as 
well as authorized officials of the Department of Justice and the 
Federal Bureau of Investigation.
    2. The Civil and Administrative Investigative Files of the 
Inspector General (09-90-0100) would be amended by adding a new 
paragraph 12. under the subheading for ``Routine Uses of Records 
Maintained in the System, Including Categories of Users and Purpose of 
Such Uses'' to read as follows:

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND PURPOSE OF SUCH USES:
    These records may be used as follows:
* * * * *
    (12) A record may be disclosed to any official charged with the 
responsibility to conduct qualitative assessment reviews of internal 
safeguards and management procedures employed in investigative 
operations. This disclosure category includes members of the 
President's Council on Integrity and Efficiency and officials and 
administrative staff within their investigative chain of command, as 
well as authorized officials of the Department of Justice and the 
Federal Bureau of Investigation.

    Dated: June 9, 2003.
Dara Corrigan,
Acting Principal Deputy Inspector General.
[FR Doc. 03-15511 Filed 6-18-03; 8:45 am]
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