Privacy Act of 1974: Implementation of Exemptions; Department of Homeland Security Federal Emergency Management Agency-015 Fraud Investigations System of Records, 15138-15140 [2021-05644]
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jbell on DSKJLSW7X2PROD with PROPOSALS
15138
Federal Register / Vol. 86, No. 53 / Monday, March 22, 2021 / Proposed Rules
Act of 1974, as amended, pursuant to 5
U.S.C. 552a(k)(2), as is necessary and
appropriate to protect this information.
Pursuant to exemption 5 U.S.C. 552a(j)(2)
of the Privacy Act, all other CTPAT Program
data, including information regarding the
possible ineligibility of an applicant for
CTPAT Program membership discovered
during the vetting process and any resulting
issue papers, is exempt from 5 U.S.C.
552a(c)(3) and (4); (d); (e)(1), (e)(2), (e)(3),
(e)(4)(G), (e)(4)(H), (e)(4)(I), (e)(5) and (e)(8);
(f); and (g). Pursuant to 5 U.S.C. 552a(k)(2),
information regarding the possible
ineligibility of an applicant for CTPAT
Program membership discovered during the
vetting process and any resulting issue
papers are exempt from 5 U.S. 552a(c)(3); (d);
(e)(1), (e)(4)(G), (e)(4)(H), (e)(4)(I); and (f). In
addition, to the extent a record contains
information from other exempt systems of
records, CBP will rely on the exemptions
claimed for those systems.
Finally, in its discretion, CBP may not
assert any exemptions with regard to
accessing or amending an individual’s
application data in the CTPAT Program or
accessing their final membership
determination in the CTPAT programs.
Exemptions from these particular
subsections are justified, on a case-by-case
basis to be determined at the time a request
is made, for the following reasons:
(a) From subsection (c)(3) and (4)
(Accounting for Disclosures) because release
of the accounting of disclosures could alert
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 as well as the recipient agency.
Disclosure of the accounting would therefore
present a serious impediment to law
enforcement efforts and efforts to preserve
national security. Disclosure of the
accounting would also 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, which would undermine the
entire investigative process. When an
investigation has been completed,
information on disclosures made may
continue to be exempted if the fact that an
investigation occurred remains sensitive after
completion.
(b) From subsection (d) (Access and
Amendment to Records) because access to
the records contained in this system of
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 and would impose an
unreasonable administrative burden by
requiring investigations to be continually
reinvestigated. In addition, permitting access
and amendment to such information could
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disclose security-sensitive information that
could be detrimental to homeland security.
(c) From subsection (e)(1) (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 (e)(2) (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 (e)(3) (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 (e)(4)(G), (e)(4)(H),
and (e)(4)(I) (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 (e)(5) (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. Compliance with subsection (e)(5)
would preclude DHS agents from using their
investigative training and exercise of good
judgment to both conduct and report on
investigations.
(h) From subsection (e)(8) (Notice on
Individuals) because compliance would
interfere with DHS’s ability to obtain, serve,
and issue subpoenas, warrants, and other law
enforcement mechanisms that may be filed
under seal and could result in disclosure of
investigative techniques, procedures, and
evidence.
(j) From subsection (g) (Civil Remedies) to
the extent that the system is exempt from
other specific subsections of the Privacy Act.
James Holzer,
Acting Chief Privacy Officer, U.S. Department
of Homeland Security.
[FR Doc. 2021–05650 Filed 3–19–21; 8:45 am]
BILLING CODE 9111–14–P
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DEPARTMENT OF HOMELAND
SECURITY
Office of the Secretary
6 CFR Part 5
[Docket No. FEMA–2020–0032]
RIN 1660–AA98
Privacy Act of 1974: Implementation of
Exemptions; Department of Homeland
Security Federal Emergency
Management Agency-015 Fraud
Investigations System of Records
Federal Emergency
Management Agency, U.S. Department
of Homeland Security.
ACTION: Notice of proposed rulemaking.
AGENCY:
The U.S. Department of
Homeland Security (DHS) is giving
concurrent notice of a newly established
system of records pursuant to the
Privacy Act of 1974 for the ‘‘DHS/
Federal Emergency Management
Agency-015 Fraud Investigations
System of Records’’ and this proposed
rulemaking. In this proposed
rulemaking, the Department proposes to
exempt portions of the system of records
from one or more provisions of the
Privacy Act because of criminal, civil,
and administrative enforcement
requirements.
SUMMARY:
Comments must be received on
or before April 21, 2021.
ADDRESSES: You may submit comments,
identified by docket number FEMA–
2020–0032, by one of the following
methods:
• Federal e-Rulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
• Fax: 703–483–2999.
• Mail: James Holzer, Acting Chief
Privacy Officer, Privacy Office, U.S.
Department of Homeland Security,
Washington, DC 20528.
Instructions: All submissions received
must include the agency name and
docket number for this notice. All
comments received will be posted
without change to https://
www.regulations.gov, including any
personal information provided.
Docket: For access to the docket to
read background documents or
comments received, go to https://
www.regulations.gov.
DATES:
For
general questions please contact: Tammi
Hines, (202) 212–5100, FEMA-Privacy@
fema.dhs.gov, Senior Director for
Information Management, Federal
Emergency Management Agency, 500 C
Street SW, Washington, DC 20472–3172.
FOR FURTHER INFORMATION CONTACT:
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jbell on DSKJLSW7X2PROD with PROPOSALS
Federal Register / Vol. 86, No. 53 / Monday, March 22, 2021 / Proposed Rules
For privacy issues please contact: James
Holzer, (202) 343–1717, Privacy@
hq.dhs.gov, Acting Chief Privacy
Officer, Privacy Office, U.S. Department
of Homeland Security, Washington, DC
20528.
SUPPLEMENTARY INFORMATION:
List of Subjects in 6 CFR Part 5
Freedom of information; Privacy.
For the reasons stated in the
preamble, DHS proposes to amend
Chapter I of Title 6, Code of Federal
Regulations, as follows:
I. Background
In accordance with the Privacy Act of
1974, 5 U.S.C. 552a, the Department of
Homeland Security (DHS) proposes to
establish a new DHS system of records
titled, ‘‘DHS/Federal Emergency
Management Agency (FEMA)-015 Fraud
Investigations System of Records.’’ This
system of records allows DHS/FEMA to
collect and maintain records relating to
disaster fraud investigations involving
misuse of federal disaster funds and/or
benefits. This system of records assists
DHS/FEMA to safeguard and protect
federal disaster funds and/or benefits
from fraud against the United States.
This system of records further assists
FEMA’s Fraud Investigations and
Inspections Division (FIID)
recordkeeping; tracking and managing
fraud inquiries, investigative referrals,
and law enforcement requests; and case
determinations involving disaster funds
and/or benefits fraud, criminal activity,
public safety, and national security
concerns.
DHS is claiming exemptions from
certain requirements of the Privacy Act
for DHS/FEMA–015 Fraud
Investigations System of Records.
Information covered by this system of
records notice relates to official DHS
national security and law enforcement
missions, and exemptions are needed to
protect information relating to DHS
activities from disclosure to subjects or
others related to these activities.
Specifically, the exemptions are
required to preclude subjects of these
activities from frustrating these
processes; to avoid disclosure of activity
techniques; ensure DHS’s ability to
obtain information from third parties
and other sources; and to protect the
privacy of third parties. Disclosure of
information to the subject of the inquiry
could also permit the subject to avoid
detection or apprehension, which
would undermine the entire
investigative process.
In appropriate circumstances, when
compliance would not appear to
interfere with or adversely affect the law
enforcement purposes of this system
and the overall law enforcement
process, the applicable exemptions may
be waived on a case-by-case basis.
A notice of system of records for DHS/
FEMA–015 Fraud Investigations System
of Records is also published in this
issue of the Federal Register.
PART 5—DISCLOSURE OF RECORDS
AND INFORMATION
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1. The authority citation for Part 5
continues to read as follows:
■
Authority: 6 U.S.C. 101 et seq.; Pub. L.
107–296, 116 Stat. 2135; 5 U.S.C. 301.
2. In appendix C to part 5, add
paragraph 83 to read as follows:
Appendix C to Part 5—DHS Systems of
Records Exempt From the Privacy Act
*
*
*
*
*
83. DHS/FEMA–015 Fraud
Investigations System of Records
consists of electronic and paper records
and will be used by DHS and its
components. DHS/FEMA–015 Fraud
Investigations System of Records is a
repository of information held by DHS/
FEMA in connection with its several
and varied missions and functions,
including the enforcement of civil and
criminal laws and investigations,
inquiries, and proceedings there under.
DHS/FEMA–015 Fraud Investigations
System of Records contains information
that is collected by, on behalf of, in
support of, or in cooperation with DHS
and its components and may contain
personally identifiable information
collected by other federal, state, local,
tribal, foreign, or international
government agencies.
The Secretary of Homeland Security,
pursuant to 5 U.S.C. 522a(k)(2), has
exempted this system from the
following provisions of the Privacy Act,
subject to limitations set forth in 5
U.S.C. 552a(c)(3); (d); (e)(1); (e)(4)(G);
(e)(4)(H); (e)(4)(I); and (f). When a record
received from another system has been
exempted in that source system under 5
U.S.C. 552a(j)(2), DHS will claim the
same exemptions for those records that
are claimed for the original primary
systems of records from which they
originated and claims any additional
exemptions set forth here.
Exemptions from these particular
subsections are justified, on a case-bycase basis to be determined at the time
a request is made, for the following
reasons:
(a) From subsection (c)(3) (Accounting
for Disclosures) because release of the
accounting of disclosures could alert 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 as well as
■
PO 00000
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15139
the recipient agency. Disclosure of the
accounting would therefore present a
serious impediment to law enforcement
efforts and/or efforts to preserve
national security. Disclosure of the
accounting would also 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, which
would undermine the entire
investigative process. When an
investigation has been completed,
information on disclosures made may
continue to be exempted if the fact that
an investigation occurred remains
sensitive after completion.
(b) From subsection (d) (Access and
Amendment to Records) because access
to the records contained in this system
of 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 and would
impose an unreasonable administrative
burden by requiring investigations to be
continually reinvestigated. In addition,
permitting access and amendment to
such information could disclose
security-sensitive information that
could be detrimental to homeland
security.
(c) From subsection (e)(1) (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 subsections (e)(4)(G) and
(e)(4)(H) (Agency Requirements)
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.
(e) From subsection (e)(4)(I) (Agency
Requirements) Providing notice to
individuals with respect to existence of
records pertaining to them in the system
of records or otherwise setting up
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Federal Register / Vol. 86, No. 53 / Monday, March 22, 2021 / Proposed Rules
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.
(f) From subsection (f) (Agency Rules)
because portions of this system are
exempt from the access and amendment
provisions of subsection (d).
*
*
*
*
*
James Holzer,
Acting Chief Privacy Officer, U.S. Department
of Homeland Security.
[FR Doc. 2021–05644 Filed 3–19–21; 8:45 am]
BILLING CODE 9111–19–P
DEPARTMENT OF HOMELAND
SECURITY
8 CFR Part 213a
[Docket ID: USCIS–2019–0023]
RIN 1615–AC39
Affidavit of Support on Behalf of
Immigrants
U.S. Citizenship and
Immigration Services, Department of
Homeland Security (DHS).
ACTION: Proposed rule; withdrawal.
AGENCY:
The U.S. Department of
Homeland Security (DHS) is
withdrawing a proposed rule that
published on October 2, 2020. The
NPRM had proposed changes to DHS
regulations governing the affidavit of
support requirements under the
Immigration and Nationality Act.
DATES: DHS withdraws the proposed
rule published at 85 FR 62432 on
October 2, 2020, as of March 22, 2021.
ADDRESSES: The docket for this
withdrawn proposed rule is available at
https://www.regulations.gov. Please
search for docket number USCIS–2019–
0023.
FOR FURTHER INFORMATION CONTACT:
Mark Phillips, Residence and
Naturalization Chief, Office of Policy
and Strategy, U.S. Citizenship and
Immigration Services, DHS, 5900
Capital Gateway Drive, Camp Springs,
MD 20746; telephone 240–721–3000
(this is not a toll-free number).
Individuals with hearing or speech
impairments may access the telephone
numbers above via TTY by calling the
toll-free Federal Information Relay
Service at 1–877–889–5627 (TTY/TDD).
SUPPLEMENTARY INFORMATION: On
October 2, 2020, DHS published a notice
of proposed rulemaking (NPRM or
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proposed rule) titled ‘‘Affidavit of
Support for Immigrants in the Federal
Register (85 FR 62432). This rule
proposed to revise DHS regulations
governing the affidavit of support
requirements under section 213A of the
Immigration and Nationality Act.
The NPRM followed from a
Presidential Memorandum that
President Trump issued on May 23,
2019. The 2019 Presidential
Memorandum, ‘‘Enforcing the Legal
Responsibilities of Sponsors of Aliens,’’
had directed Federal agencies to
‘‘undertake more effective oversight to
ensure full compliance with Federal
laws on income deeming and
reimbursement.’’
On February 2, 2021, President Biden
issued Executive Order 14012,
‘‘Restoring Faith in Our Legal
Immigration Systems and Strengthening
Integration and Inclusion Efforts for
New Americans.’’ The Executive order
revoked the 2019 Presidential
Memorandum. Because Executive Order
14012 revoked the 2019 Presidential
Memorandum, DHS is withdrawing the
October 2, 2020 NPRM that flowed from
that 2019 Memorandum.
Authority
Executive Order 14012, Restoring
Faith in Our legal Immigration Systems
and Strengthening Integration and
Inclusion Efforts for New Americans; 42
U.S.C. 5201 et seq.
Alejandro N. Mayorkas,
Secretary, U.S. Department of Homeland
Security.
[FR Doc. 2021–05427 Filed 3–19–21; 8:45 am]
BILLING CODE 9111–97–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2017–0432; Project
Identifier 2013–SW–074–AD]
RIN 2120–AA64
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking
(NPRM).
AGENCY:
The FAA proposes to adopt a
new airworthiness directive (AD) for
certain Airbus Helicopters (Type
Certificate previously held by
Eurocopter France) Model AS350B3 and
SUMMARY:
Frm 00007
Fmt 4702
The FAA must receive comments
on this proposed AD by April 21, 2021.
ADDRESSES: You may send comments,
using the procedures found in 14 CFR
11.43 and 11.45, by any of the following
methods:
• Federal eRulemaking Portal: Go to
https://www.regulations.gov. Follow the
instructions for submitting comments.
• Fax: (202) 493–2251.
• Mail: U.S. Department of
Transportation, Docket Operations,
M–30, West Building Ground Floor,
Room W12–140, 1200 New Jersey
Avenue SE, Washington, DC 20590.
• Hand Delivery: Deliver to Mail
address between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal
holidays.
For Airbus Helicopters service
information identified in this NPRM,
contact Airbus Helicopters, 2701 N
Forum Drive, Grand Prairie, TX 75052;
telephone (972) 641–0000 or (800) 232–
0323; fax (972) 641–3775; or at https://
www.airbus.com/helicopters/services/
technical-support.html. For Safran
Turbomeca service information
identified in this NPRM, contact Safran
Helicopter Engines, S.A., 64511 Bordes,
France; phone: +33 (0) 5 59 74 45 11.
You may view this service information
at the FAA, Office of the Regional
Counsel, Southwest Region, 10101
Hillwood Pkwy., Room 6N–321, Fort
Worth, TX 76177. For information on
the availability of this material at the
FAA, call (817) 222–5110.
DATES:
Examining the AD Docket
Airworthiness Directives; Airbus
Helicopters (Type Certificate
Previously Held by Eurocopter France)
Helicopters
PO 00000
EC130T2 helicopters. This proposed AD
was prompted by a report of failure of
an engine digital electronic control unit
(DECU). This proposed AD would
require revising the existing Rotorcraft
Flight Manual (RFM) for your
helicopter. This proposed AD would
also allow the option of modifying the
electronic engine control unit (EECU) as
terminating action for the RFM revision.
The FAA is proposing this AD to
address the unsafe condition on these
products.
Sfmt 4702
You may examine the AD docket at
https://www.regulations.gov by
searching for and locating Docket No.
FAA–2017–0432; or in person at Docket
Operations between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal
holidays. The AD docket contains this
NPRM, the European Aviation Safety
Agency (now European Union Aviation
Safety Agency) (EASA) AD, the EASA
safety information bulletin (SIB), any
comments received, and other
information. The street address for
Docket Operations is listed above.
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]]>Agencies
[Federal Register Volume 86, Number 53 (Monday, March 22, 2021)]
[Proposed Rules]
[Pages 15138-15140]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-05644]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Office of the Secretary
6 CFR Part 5
[Docket No. FEMA-2020-0032]
RIN 1660-AA98
Privacy Act of 1974: Implementation of Exemptions; Department of
Homeland Security Federal Emergency Management Agency-015 Fraud
Investigations System of Records
AGENCY: Federal Emergency Management Agency, U.S. Department of
Homeland Security.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The U.S. Department of Homeland Security (DHS) is giving
concurrent notice of a newly established system of records pursuant to
the Privacy Act of 1974 for the ``DHS/Federal Emergency Management
Agency-015 Fraud Investigations System of Records'' and this proposed
rulemaking. In this proposed rulemaking, the Department proposes to
exempt portions of the system of records from one or more provisions of
the Privacy Act because of criminal, civil, and administrative
enforcement requirements.
DATES: Comments must be received on or before April 21, 2021.
ADDRESSES: You may submit comments, identified by docket number FEMA-
2020-0032, by one of the following methods:
Federal e-Rulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments.
Fax: 703-483-2999.
Mail: James Holzer, Acting Chief Privacy Officer, Privacy
Office, U.S. Department of Homeland Security, Washington, DC 20528.
Instructions: All submissions received must include the agency name
and docket number for this notice. All comments received will be posted
without change to https://www.regulations.gov, including any personal
information provided.
Docket: For access to the docket to read background documents or
comments received, go to https://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: For general questions please contact:
Tammi Hines, (202) 212-5100, [email protected], Senior Director
for Information Management, Federal Emergency Management Agency, 500 C
Street SW, Washington, DC 20472-3172.
[[Page 15139]]
For privacy issues please contact: James Holzer, (202) 343-1717,
[email protected].dhs.gov, Acting Chief Privacy Officer, Privacy Office, U.S.
Department of Homeland Security, Washington, DC 20528.
SUPPLEMENTARY INFORMATION:
I. Background
In accordance with the Privacy Act of 1974, 5 U.S.C. 552a, the
Department of Homeland Security (DHS) proposes to establish a new DHS
system of records titled, ``DHS/Federal Emergency Management Agency
(FEMA)-015 Fraud Investigations System of Records.'' This system of
records allows DHS/FEMA to collect and maintain records relating to
disaster fraud investigations involving misuse of federal disaster
funds and/or benefits. This system of records assists DHS/FEMA to
safeguard and protect federal disaster funds and/or benefits from fraud
against the United States. This system of records further assists
FEMA's Fraud Investigations and Inspections Division (FIID)
recordkeeping; tracking and managing fraud inquiries, investigative
referrals, and law enforcement requests; and case determinations
involving disaster funds and/or benefits fraud, criminal activity,
public safety, and national security concerns.
DHS is claiming exemptions from certain requirements of the Privacy
Act for DHS/FEMA-015 Fraud Investigations System of Records.
Information covered by this system of records notice relates to
official DHS national security and law enforcement missions, and
exemptions are needed to protect information relating to DHS activities
from disclosure to subjects or others related to these activities.
Specifically, the exemptions are required to preclude subjects of these
activities from frustrating these processes; to avoid disclosure of
activity techniques; ensure DHS's ability to obtain information from
third parties and other sources; and to protect the privacy of third
parties. Disclosure of information to the subject of the inquiry could
also permit the subject to avoid detection or apprehension, which would
undermine the entire investigative process.
In appropriate circumstances, when compliance would not appear to
interfere with or adversely affect the law enforcement purposes of this
system and the overall law enforcement process, the applicable
exemptions may be waived on a case-by-case basis.
A notice of system of records for DHS/FEMA-015 Fraud Investigations
System of Records is also published in this issue of the Federal
Register.
List of Subjects in 6 CFR Part 5
Freedom of information; Privacy.
For the reasons stated in the preamble, DHS proposes to amend
Chapter I of Title 6, Code of Federal Regulations, as follows:
PART 5--DISCLOSURE OF RECORDS AND INFORMATION
0
1. The authority citation for Part 5 continues to read as follows:
Authority: 6 U.S.C. 101 et seq.; Pub. L. 107-296, 116 Stat.
2135; 5 U.S.C. 301.
0
2. In appendix C to part 5, add paragraph 83 to read as follows:
Appendix C to Part 5--DHS Systems of Records Exempt From the Privacy
Act
* * * * *
83. DHS/FEMA-015 Fraud Investigations System of Records consists of
electronic and paper records and will be used by DHS and its
components. DHS/FEMA-015 Fraud Investigations System of Records is a
repository of information held by DHS/FEMA in connection with its
several and varied missions and functions, including the enforcement of
civil and criminal laws and investigations, inquiries, and proceedings
there under. DHS/FEMA-015 Fraud Investigations System of Records
contains information that is collected by, on behalf of, in support of,
or in cooperation with DHS and its components and may contain
personally identifiable information collected by other federal, state,
local, tribal, foreign, or international government agencies.
The Secretary of Homeland Security, pursuant to 5 U.S.C.
522a(k)(2), has exempted this system from the following provisions of
the Privacy Act, subject to limitations set forth in 5 U.S.C.
552a(c)(3); (d); (e)(1); (e)(4)(G); (e)(4)(H); (e)(4)(I); and (f). When
a record received from another system has been exempted in that source
system under 5 U.S.C. 552a(j)(2), DHS will claim the same exemptions
for those records that are claimed for the original primary systems of
records from which they originated and claims any additional exemptions
set forth here.
Exemptions from these particular subsections are justified, on a
case-by-case basis to be determined at the time a request is made, for
the following reasons:
(a) From subsection (c)(3) (Accounting for Disclosures) because
release of the accounting of disclosures could alert 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 as well as the recipient
agency. Disclosure of the accounting would therefore present a serious
impediment to law enforcement efforts and/or efforts to preserve
national security. Disclosure of the accounting would also 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, which would undermine the entire investigative process.
When an investigation has been completed, information on disclosures
made may continue to be exempted if the fact that an investigation
occurred remains sensitive after completion.
(b) From subsection (d) (Access and Amendment to Records) because
access to the records contained in this system of 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 and would impose an unreasonable administrative burden by
requiring investigations to be continually reinvestigated. In addition,
permitting access and amendment to such information could disclose
security-sensitive information that could be detrimental to homeland
security.
(c) From subsection (e)(1) (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 subsections (e)(4)(G) and (e)(4)(H) (Agency Requirements)
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.
(e) From subsection (e)(4)(I) (Agency Requirements) Providing
notice to individuals with respect to existence of records pertaining
to them in the system of records or otherwise setting up
[[Page 15140]]
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.
(f) From subsection (f) (Agency Rules) because portions of this
system are exempt from the access and amendment provisions of
subsection (d).
* * * * *
James Holzer,
Acting Chief Privacy Officer, U.S. Department of Homeland Security.
[FR Doc. 2021-05644 Filed 3-19-21; 8:45 am]
BILLING CODE 9111-19-P
