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Federal Register / Vol. 86, No. 139 / Friday, July 23, 2021 / Proposed Rules
investigation and/or evaluation. Access could reveal the identity of the source of the information and constitute a breach of the promised confidentiality on the part of the Department. Such breaches ultimately would restrict the free flow of information vital to the determination of a candidates qualifications and suitability, among other determinations. The Department also relies on certain examination materials to assess and evaluate an individuals qualifications for an applicable position. Access and/or amendment to such material could reveal information about the examination and vetting process and could compromise its objectivity and/or fairness. Access and/or amendment to such material could also inappropriately advantage future candidates with knowledge of the examination materials.
Finally, providing the individual access or amendment rights could result in the release of properly classified information which would compromise the national defense or disrupt foreign policy.
3 From subsection e1, because in the collection of information for investigative and evaluative purposes, it is impossible to determine in advance what exact information may be of assistance in determining the qualifications and suitability of the subject of an investigation and/or evaluation. Information which may seem irrelevant, when combined with other seemingly irrelevant information, can on occasion provide a composite picture of a candidate which assists in determining whether that candidate should be nominated for appointment.
Relevance and necessity are questions of judgment and timing, and it is only after the information is evaluated that the relevance and necessity of such information can be established. In interviewing individuals or obtaining other forms of information during OLP
processes, information may be supplied to OLP which relates to matters incidental to the primary purpose of OLPs processes, but also relates to matters under the investigative jurisdiction of another agency. Such information cannot readily be segregated.
4 From subsections e4G and H, and subsection f, because this system is exempt from the access and amendment provisions of subsection d.
c The General Files System of the Office of Legal Policy JUSTICE/OLP
003 system of records is exempt from subsections 552ac3 and 4; d;
e1, 2 and 3, e4G and H, and e5; and g of the Privacy Act,
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pursuant to 5 U.S.C. 552aj2, k1, k2 and k5. These exemptions apply only to the extent that information in this system is subject to exemption pursuant to 5 U.S.C. 552j, k. Where compliance would not appear to interfere with or adversely affect OLPs processes, the applicable exemption may be waived by OLP.
d Exemptions from the particular subsections are justified for the following reasons:
1 From subsection c3 because making available to a record subject the accounting of disclosures from records concerning him/her would reveal investigative interest on the part of the Department as well as the recipient agency. This would permit record subjects to impede the investigation, e.g., destroy evidence, intimidate potential witnesses, or flee the area to avoid inquiries or apprehension by law enforcement personnel.
2 From subsection c4 because this system is exempt from the access provisions of subsection d pursuant to subsections j and k of the Privacy Act.
3 From subsection d because the records contained in this system relate to official Federal investigations.
Individual access to these records might compromise ongoing investigations, reveal confidential informants, or constitute unwarranted invasions of the personal privacy of third parties who are involved in a certain investigation.
Amendment of records would interfere with ongoing criminal law enforcement proceedings and impose an impossible administrative burden by requiring criminal investigations to be continuously reinvestigated.
4 From subsections e1 and 5
because in the course of law enforcement investigations, information may occasionally be obtained or introduced, the accuracy of which is unclear or which is not strictly relevant or necessary to a specific investigation.
In the interests of effective law enforcement, it is appropriate to retain all information since it may aid in establishing patterns of criminal activity. Moreover, it would impede the specific investigation process if it were necessary to assure the relevance, accuracy, timeliness and completeness of all information obtained.
5 From subsections e2 because in a law enforcement investigation the requirement that information be collected to the greatest extent possible from the subject individual would present a serious impediment to law enforcement in that the subject of the investigation would be informed of the existence of the investigation and would
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therefore be able to avoid detection, apprehension, or legal obligations and duties.
6 From subsection e3 because to comply with the requirements of this subsection during the course of an investigation could impede the information gathering process, thus hampering the investigation.
7 From subsections e4G and H
because this system is exempt from the access provisions of subsection d pursuant to subsections j and k of the Privacy Act.
8 From subsection g because this system is exempt from the access and amendment provisions of subsection d pursuant to subsections j and k of the Privacy Act.
Dated: July 1, 2021.
Peter A. Winn, Acting Chief Privacy and Civil Liberties Officer, United States Department of Justice.
FR Doc. 202114995 Filed 72221; 8:45 am BILLING CODE 4410CWP

DEPARTMENT OF VETERANS
AFFAIRS
38 CFR Part 1
RIN 2900AR20

Threshold for Reporting VA Debts to Consumer Reporting Agencies Department of Veterans Affairs.
Proposed rule.

AGENCY:
ACTION:

The Department of Veterans Affairs VA proposes to amend its regulations around the conditions by which VA benefits debts or medical debts are reported to consumer reporting agencies CRA. The Johnny Isakson and David P. Roe, M.D. Veterans Health Care and Benefits Improvement Act of 2020 provides the Secretary authority to prescribe regulations that establish the minimum amount of a benefits or medical debt that the Secretary will report to the CRA. This proposed change will establish the methodology for determining a minimum threshold for debts reported to CRA.
DATES: Comments must be received on or before September 21, 2021.
ADDRESSES: Comments may be submitted through www.regulations.gov or mailed to Debt Management Center, Office of Management, 189, 1 Federal Drive, Suite 4500, Fort Snelling, MN
55111. Comments should indicate that they are submitted in response to RIN
2900AR20Threshold for Reporting VA Debts to Consumer Reporting Agencies. Comments received will be SUMMARY:

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23JYP1