Proposed Rule2021-26754
Withdrawal of Proposed Revision to Department Homeland Security Acquisition Regulation (HSAR); Privacy Training (HSAR Case 2015-003)
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
December 10, 2021
Effective
January 19, 2017
Issuing agencies
Homeland Security Department
Abstract
DHS is withdrawing a proposed rule titled Privacy Training (HSAR Case 2015-003) and providing notice of its cancellation. The Notice of Proposed Rulemaking proposed to amend the HSAR to require contractor and subcontractor employees to complete Privacy training before accessing a Government system of records; handling Personally Identifiable Information (PII) and/or Sensitive Personally Identifiable Information; or designing, developing, maintaining, or operating a Government system of records. DHS is withdrawing this proposed rule because the content of this proposal was addressed in a final rule issued by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council and resultant DHS FAR Class Deviation Number 17-03, Implementation of FAR 52.224-3 Privacy Training-- Alternate I. Thus, DHS will not take any further action on this proposal.
Full Text
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<title>Federal Register, Volume 86 Issue 235 (Friday, December 10, 2021)</title>
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[Federal Register Volume 86, Number 235 (Friday, December 10, 2021)]
[Proposed Rules]
[Page 70429]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-26754]
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DEPARTMENT OF HOMELAND SECURITY
48 CFR Parts 3001, 3002, 3024 and 3052
[Docket No. DHS-2017-0008]
RIN 1601-AA79
Withdrawal of Proposed Revision to Department Homeland Security
Acquisition Regulation (HSAR); Privacy Training (HSAR Case 2015-003)
AGENCY: Office of the Chief Procurement Officer, Department of Homeland
Security (DHS).
ACTION: Notice of withdrawal of proposed rule.
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SUMMARY: DHS is withdrawing a proposed rule titled Privacy Training
(HSAR Case 2015-003) and providing notice of its cancellation. The
Notice of Proposed Rulemaking proposed to amend the HSAR to require
contractor and subcontractor employees to complete Privacy training
before accessing a Government system of records; handling Personally
Identifiable Information (PII) and/or Sensitive Personally Identifiable
Information; or designing, developing, maintaining, or operating a
Government system of records. DHS is withdrawing this proposed rule
because the content of this proposal was addressed in a final rule
issued by the Civilian Agency Acquisition Council and the Defense
Acquisition Regulations Council and resultant DHS FAR Class Deviation
Number 17-03, Implementation of FAR 52.224-3 Privacy Training--
Alternate I. Thus, DHS will not take any further action on this
proposal.
DATES: The proposed rule published on January 19, 2017 (82 FR 6425) and
the comment period extended to March 20, 2017 (82 FR 14341), is
withdrawn effective December 10, 2021.
ADDRESSES: Mail: Department of Homeland Security, Office of the Chief
Procurement Officer, Acquisition Policy and Legislation, ATTN: Candace
Lightfoot, 245 Murray Drive, Bldg. 410 (RDS), Washington, DC 20528.
FOR FURTHER INFORMATION CONTACT: Ms. Candace Lightfoot, Procurement
Analyst, DHS, Office of the Chief Procurement Officer, Acquisition
Policy and Legislation at (202) 447-0882 or email <a href="/cdn-cgi/l/email-protection#743c273526341c055a101c075a131b02"><span class="__cf_email__" data-cfemail="98d0cbd9cad8f0e9b6fcf0ebb6fff7ee">[email protected]</span></a>. When
using email, include HSAR Case 2015-003 in the ``Subject'' line.
SUPPLEMENTARY INFORMATION: On January 19, 2017, DHS published a
proposed rule at 82 FR 6425 titled Privacy Training (HSAR Case 2015-
003). The rule proposed to amend the HSAR to require contractor and
subcontractor employees to complete Privacy training before (1)
accessing a Government system of records; (2) handling Personally
Identifiable Information and/or Sensitive Personally Identifiable
Information; or (3) designing, developing, maintaining, or operating a
Government system of records.
DHS received two public comments in response to this proposed rule.
One commenter stated support for the requirements in the proposed rule.
The other commenter:
<bullet> Showed support for DHS making available on a public
website a DHS-developed privacy training module that contractors can
provide to their employees to achieve compliance with the proposed
requirements. However, recommended that certain contractors may desire
to develop their own internal Privacy Act training that would be
compatible with DHS's rules and their own corporate policies,
procedures, and training;
<bullet> Recommended that DHS add the Privacy Act's definition of a
``system of records'' to increase understanding by both government and
contractor personnel about when the clause and the training are
required;
<bullet> Recommended requiring flow down of HSAR 3052.224-7X only
to subcontractors with a statement of work that triggers the training
requirement;
<bullet> Recommended that DHS further clarify the requirement to
maintain training certificates and leverage electronic recordkeeping
when available; and
<bullet> Recommended that DHS modify the proposed rule to clarify
whether older training certificates must be maintained after submittal
and, if so, recommends that DHS specifically identify the retention
period.
On December 20, 2016, DoD, GSA, and NASA \1\ issued a final rule at
81 FR 93476 titled Privacy Training, which amended the Federal
Acquisition Regulation (FAR), effective on January 19, 2017. Upon
further review, DHS believes that the FAR rule addressed issues raised
by this commenter.
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\1\ Civilian Agency Acquisition Council and the Defense
Acquisition Regulations Council.
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DHS is withdrawing the proposed rule (82 FR 6425) and will not
proceed with finalization of the rule because all of the requirements
in the proposed rule are now covered under the final FAR rule (81 FR
93476) and resultant DHS FAR Class Deviation Number 17-03,
Implementation of FAR 52.224-3 Privacy Training--Alternate I. The final
FAR rule (81 FR 93476) provides guidance to contractors regarding the
requirement to complete training that addresses the protection of
privacy in accordance with the Privacy Act of 1974, 5 U.S.C. 552a, as
amended, and the handling and safeguarding of PII. Under this rule,
contractors are responsible for ensuring that initial privacy training,
and annual privacy training thereafter, is completed by contractor
employees who have access to a system of records; create, collect, use,
process, store, maintain, disseminate, disclose, dispose, or otherwise
handle personally identifiable information; or design, develop,
maintain, or operate a system of records. A contractor who has
employees involved in these activities is also required to maintain
records indicating that its employees have completed the requisite
training and provide these records to the contracting officer upon
request. In addition, the prime contractor is required to flow-down
these requirements to all applicable subcontracts. As a result of the
FAR change and DHS FAR Class Deviation Number 17-03, the rationale for
the proposed rule no longer exists and this proposal is withdrawn.
Dated: December 7, 2021.
Paul Courtney,
Chief Procurement Officer, Department of Homeland Security.
[FR Doc. 2021-26754 Filed 12-9-21; 8:45 am]
BILLING CODE P
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