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Federal Register / Vol. 86, No. 154 / Friday, August 13, 2021 / Rules and Regulations 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. Further, permitting amendment to counterintelligence records after an investigation has been completed would impose an unmanageable administrative burden. In addition, permitting access and amendment to such information could disclose security-sensitive information that could be detrimental to homeland security.
c From subsection e1 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 e2 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 e3 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 e4G, e4H, and e4I 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 e5 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.
h From subsection e8 Notice on Individuals because compliance would interfere with DHSs ability to obtain, serve, and issue subpoenas, warrants, and other law enforcement mechanisms that may be filed
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under seal and could result in disclosure of investigative techniques, procedures, and evidence.
i From subsection e12 Matching Agreements because requiring DHS to provide notice of a new or revised matching agreement with a non-Federal agency, if one existed, would impair DHS operations by indicating which data elements and information are valuable to DHSs analytical functions, thereby providing harmful disclosure of information to individuals who would seek to circumvent or interfere with DHSs missions.
j From subsection g1 Civil Remedies to the extent that the system is exempt from other specific subsections of the Privacy Act.
Lynn Parker Dupree, Chief Privacy Officer, U.S. Department of Homeland Security.
FR Doc. 202117004 Filed 81221; 8:45 am BILLING CODE 91109NP

DEPARTMENT OF AGRICULTURE
Food and Nutrition Service 7 CFR Part 275
FNS20180043
RIN 0584AE64

Supplemental Nutrition Assistance Program: Non-Discretionary Quality Control Provisions of the Agricultural Improvement Act of 2018
Food and Nutrition Service FNS, USDA.
ACTION: Interim final rule.
AGENCY:

SUMMARY: The U. S. Department of Agriculture the Department is issuing this interim final rule to strengthen and improve the integrity and accuracy of the Food and Nutrition Service FNS
Supplemental Nutrition Assistance Program SNAP Quality Control QC
system by codifying statutory requirements enacted by the Agriculture Improvement Act of 2018 2018 Farm Bill that was signed into law on December 20, 2018.
DATES:
Effective date: August 13, 2021.
Compliance date: August 13, 2021, except for the Paperwork Reduction Act PRA provisions, which are delayed pending approval by the Office of Management and Budget OMB. The Food and Nutrition Service will publish a document in the Federal Register announcing the compliance date.
Comment dates: Written comments on this interim final rule must be received on or before October 12, 2021 to be assured of consideration. We will consider comments on the Paperwork Reduction Act that we receive by October 12, 2021.

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The Food and Nutrition Service, USDA, invites interested persons to submit written comments on this interim final rule. Comments may be submitted in writing by one of the following methods:
Federal eRulemaking Portal: Go to http www.regulations.gov. Follow the online instructions for submitting comments.
Mail: Send comments to Stephanie Proska, Branch Chief, Quality Control Branch, Program Accountability and Administration Division; Food and Nutrition Service; 1320 Braddock Place, 5th Floor; Alexandria, Virginia 22314.
Email: Send comments to SNAPQCReform@usda.gov. Include Docket ID Number FNS20180043, SNAP: Non-Discretionary QC
provisions of Title IV of PL 115334 in the subject line of the message.
All written comments submitted in response to this interim final rule will be included in the record and will be made available to the public. Please be advised that the substance of the comments and the identity of the individuals or entities submitting the comments will be subject to public disclosure. FNS will make the written comments publicly available on the internet via http www.regulations.gov.
FOR FURTHER INFORMATION CONTACT:
Stephanie Proska, Food and Nutrition Service, 1320 Braddock Place, 5th Floor;
Alexandria, Virginia 22314, SNAPQCReform@usda.gov.
SUPPLEMENTARY INFORMATION:
ADDRESSES:

Background Pursuant to Section 16 of the Food and Nutrition Act of 2008, as amended FNA, each State agency is responsible for monitoring and improving its administration of SNAP and providing information from the SNAP quality control QC system. For QC reviews, States conduct monthly reviews of a statistically representative sample of households participating in SNAP
active cases and households for whom participation was denied, terminated, or suspended negative cases. These reviews measure the accuracy of SNAP
eligibility and benefit determinations and ultimately serve as the basis for the SNAP payment error rate PER, as defined in Section 16c2A of the FNA, and case and procedural error rate CAPER,1 respectively. The results of 1 In fiscal year 2012, the procedures for reviewing cases in the negative frame, discussed later, changed to include the States procedural processes in determining a negative cases validity. FNS has referred to the negative error rate since then as the case and procedural error rate, or CAPER, to reflect this change.

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