Rule2024-26836
Privacy Act of 1974: Implementation of Exemptions
Primary source
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Published
November 19, 2024
Effective
November 19, 2024
Issuing agencies
Homeland Security Department
Abstract
In accordance with the Privacy Act of 1974, the U.S. Department of Homeland Security is issuing a final rule to amend its regulations to exempt portions of a newly established system of records titled, "U.S. Department of Homeland Security/Federal Emergency Management Agency-015 Fraud Investigations System of Records" from specific provisions of the Privacy Act. This system of records includes records on individuals being investigated for or involved in an investigation relating to the misuse of federal disaster funds and/or benefits. Specifically, the Department exempts portions of the "-DHS/ FEMA-015 Fraud Investigations System of Records" from one or more provisions of the Privacy Act because of criminal, civil, and administrative enforcement requirements.
Full Text
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<title>Federal Register, Volume 89 Issue 223 (Tuesday, November 19, 2024)</title>
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[Federal Register Volume 89, Number 223 (Tuesday, November 19, 2024)]
[Rules and Regulations]
[Pages 91247-91248]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-26836]
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Rules and Regulations
Federal Register
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This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
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Federal Register / Vol. 89, No. 223 / Tuesday, November 19, 2024 /
Rules and Regulations
[[Page 91247]]
DEPARTMENT OF HOMELAND SECURITY
Office of the Secretary
6 CFR Part 5
[Docket No. FEMA-2023-0020]
Privacy Act of 1974: Implementation of Exemptions
AGENCY: Federal Emergency Management Agency, U.S. Department of
Homeland Security.
ACTION: Final rule.
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SUMMARY: In accordance with the Privacy Act of 1974, the U.S.
Department of Homeland Security is issuing a final rule to amend its
regulations to exempt portions of a newly established system of records
titled, ``U.S. Department of Homeland Security/Federal Emergency
Management Agency-015 Fraud Investigations System of Records'' from
specific provisions of the Privacy Act. This system of records includes
records on individuals being investigated for or involved in an
investigation relating to the misuse of federal disaster funds and/or
benefits. Specifically, the Department exempts portions of the ``-DHS/
FEMA-015 Fraud Investigations System of Records'' from one or more
provisions of the Privacy Act because of criminal, civil, and
administrative enforcement requirements.
DATES: This final rule is effective November 19, 2024.
FOR FURTHER INFORMATION CONTACT: For general questions, please contact:
Russell Bard, (202-646-3606), Privacy Officer, Federal Emergency
Management Agency, and 500 C Street SW, Washington, DC 20478. For
privacy questions, please contact: Deborah T. Fleischaker,
<a href="/cdn-cgi/l/email-protection#8dddffe4fbeceef4cde5fca3e9e5fea3eae2fb"><span class="__cf_email__" data-cfemail="84d4f6edf2e5e7fdc4ecf5aae0ecf7aae3ebf2">[email protected]</span></a>, Chief Privacy Officer (A), Privacy Office, U.S.
Department of Homeland Security, Washington, DC 20528.
SUPPLEMENTARY INFORMATION:
I. Background
The U.S. Department of Homeland Security (DHS) Federal Emergency
Management Agency (FEMA) published a Notice of Proposed Rulemaking
(NPRM) in the Federal Register, 86 FR 15138, March 22, 2021, proposing
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. The system of records is the DHS/FEMA-015
Fraud Investigations System of Records. The DHS/FEMA-015 Fraud
Investigations System of Records Notice (SORN) was published
concurrently in the Federal Register, 86 FR 15237, on March 22, 2021,
and comments were invited on the NPRM and SORN.
II. Public Comments
DHS/FEMA received a total of one public comment. The one comment
was received on the NPRM.
NPRM
DHS/FEMA received one public comment in support of the NPRM. The
individual noted that they were ``in agreeance with this proposed
regulation. However, the individual also cited concerns about the
parameters or stipulations from which a fraud investigation can be
launched. The publication process for the Fraud Investigations SORN, as
required by the Privacy Act, promotes the accountability,
responsibility, legislative oversight, and open government requested by
the commenter. In addition to the publication of the Fraud
Investigations SORN in the Federal Register, FEMA also provides
transparency into its systems by publishing Privacy Impact Assessments
(PIA). PIAs are conducted in accordance with the E-Government Act of
2002 (Pub. L. 107-347) by FEMA Privacy personnel, are reviewed by the
DHS Privacy Office, and signed by the DHS Chief Privacy Officer. PIAs
describe how FEMA information technology systems work, what information
they collect, how FEMA uses that information, any external parties with
whom the information is shared, and the privacy risks and corresponding
mitigations employed by FEMA. All DHS and FEMA PIAs are published on
the DHS website, <a href="http://www.dhs.gov/privacy">www.dhs.gov/privacy</a>.
SORN
DHS received no comments on the SORN. After consideration of the
one public comment, the Department will implement the rulemaking as
proposed.
List of Subjects in 6 CFR Part 5
Freedom of information; Privacy.
For the reasons stated in the preamble, DHS/FEMA amends 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. 6 U.S.C. 142; DHS Del. No. 13001, Rev. 01 (June
2, 2020).
Subpart A also issued under 5 U.S.C. 552.
Subpart B also issued under 5 U.S.C. secs. 552a and 552 note.
0
2. In appendix C to part 5, add paragraph 90 to read as follows:
Appendix C to Part 5--DHS Systems of Records Exempt From the Privacy
Act
* * * * *
90. The DHS/FEMA-015 Fraud Investigations System of Records
consists of electronic and paper records that DHS and its components
will use. The DHS/FEMA-015 Fraud Investigations System of Records is
a repository of information held by DHS in connection with its
several and varied missions and functions, including, but not
limited to, the enforcement of civil and criminal laws;
investigations, inquiries, and proceedings there under; national
security and intelligence activities; and protection of the
President of the U.S. or other individuals pursuant to Section 3056
and 3056A of Title 18. The 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.
secs. 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.
[[Page 91248]]
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
the 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 the 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, tamper with witnesses or evidence, and
avoid detection or apprehension, which would undermine the entire
investigative process.
(b) From subsection (d) (Access and Amendment to Records)
because access to the records contained in this system of records
could apprise the subject of an investigation of an actual or
potential criminal, civil, or regulatory violation to the existence
of the 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, tamper with witnesses or evidence, and avoid
detection or apprehension. Amendment of the records could interfere
with ongoing investigations and law enforcement activities and
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), (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 DHS is therefore not
required to establish requirements, rules, or procedures with
respect to such access. Providing notice to individuals concerning
the existence of records about 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, potential witnesses, and confidential informants.
* * * * *
Deborah T. Fleischaker,
Chief Privacy Officer (A), U.S. Department of Homeland Security.
[FR Doc. 2024-26836 Filed 11-15-24; 11:15 am]
BILLING CODE 9111-19-P
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