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Federal Register / Vol. 86, No. 93 / Monday, May 17, 2021 / Rules and Regulations
i PRAC means the Pandemic Response Accountability Committee established under Section 15010 of the Coronavirus Aid, Relief, and Economic Security Act, Public Law 116136, 134
Stat. 281.
3. Amend 9801.401 by adding paragraph c to read as follows:
9801.401

Exemptions.

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c Specific system of records exempted under j2, k1, and k2.
The system of records maintained in connection with PRAC Accountability Data System CIGIE6, is subject to general exemption under 5 U.S.C.
552aj2 and the specific exemptions under 5 U.S.C. 552ak1 and 2. These exemptions apply only to the extent that information in this system is subject to exemption pursuant to 5 U.S.C. 552a j2, k1 and k2. Where compliance would not appear to interfere with or adversely affect the law enforcement process, and/or where it may be appropriate to permit individuals to contest the accuracy of the information collected, e.g., public source materials, the applicable exemption may be waived, either partially or totally, by CIGIE, at the sole discretion of CIGIE, as appropriate.
1 Pursuant to the provisions of 5
U.S.C. 552aj2, CIGIE6 is exempt from the following provisions of the Privacy Act: 5 U.S.C. 552ac3 and c4; d; e1, e2, e3, e4G
H, e5, and e8; f; and g.
2 Pursuant to the provisions of 5
U.S.C. 552ak1 and 2, CIGIE6 is exempt from the following provisions of the Privacy Act: 5 U.S.C. 552ac3; d;
e1 and e4GH; and f.
3 Exemptions from the particular subsections are justified for the following reasons:
i From subsection c3 because release of disclosure accounting could alert the subjects of an investigation of an actual or potential criminal, civil, or regulatory violation to the existence of the investigation and the fact that they are subjects of the investigation, and reveal investigative interest by not only CIGIE, through the PRAC, but also by external agencies such as Federal Offices of Inspector General. Because release of such information to the subjects of an investigation would provide them with significant information concerning the nature of the investigation, release could result in the destruction of documentary evidence, improper influencing of witnesses, and other activities that could impede or compromise the investigation. In addition, accounting for each disclosure could result in the release of properly
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classified information which would compromise the national defense or disrupt foreign policy.
ii 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.
iii From the access and amendment provisions of subsection d because access to the records contained in this system of records could inform the subjects of an investigation of an actual or potential criminal, civil, or regulatory violation of the existence of that investigation and of the nature and scope of the information and evidence obtained as to their activities. Such awareness by the subjects could prevent the successful completion of an investigation and/or lead to the improper influencing of witnesses, the destruction of evidence, or fabricated testimony. In addition, granting access to such information could disclose security-sensitive or confidential business information or information that would constitute an unwarranted invasion of the personal privacy of third parties. Finally, access to the records could result in the release of classified information which would compromise the national defense or disrupt foreign policy. Amendment of the records would interfere with ongoing investigations and law enforcement activities and impose an impossible administrative burden by requiring investigations to be continuously reinvestigated.
iv From subsection e1 because the application of this provision could impair investigations and interfere with the law enforcement responsibilities of CIGIE through the PRAC for the following reasons:
A It is not possible to detect relevance or necessity of specific information in the early stages of a civil, criminal, or other law enforcement investigation, case, or matter, including investigations in which use is made of classified information. 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.
B During the course of any investigation, CIGIE, through the PRAC
may obtain information concerning actual or potential violations of laws other than those within the scope of its jurisdiction. In the interest of effective law enforcement, the PRAC should retain this information, as it may aid in establishing patterns of criminal activity and can provide valuable leads for
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Federal and other law enforcement agencies.
C In interviewing individuals or obtaining other forms of evidence during an investigation, information may be supplied to an investigator that relates to matters incidental to the primary purpose of the investigation but which may relate also to matters under the investigative jurisdiction of another agency. Such information cannot readily be segregated.
v From subsection e2 because, in some instances, the application of this provision would present a serious impediment to law enforcement for the following reasons:
A The subjects of an investigation would be placed on notice as to the existence of an investigation and would therefore be able to avoid detection or apprehension, to improperly influence witnesses, to destroy evidence, or to fabricate testimony.
B In certain circumstances the subjects of an investigation cannot be required to provide information to investigators, and information relating to their illegal acts, violations of rules of conduct, or any other misconduct must be obtained from other sources.
C In any investigation it is necessary to obtain evidence from a variety of sources other than the subjects of the investigation.
vi From subsection e3 because the application of this provision would provide the subjects of an investigation with substantial information which could impede or compromise the investigation.
vii From subsection e4GI
because this system of records is exempt from the access provisions of subsection d.
viii From subsection e5 because the application of this provision may prevent the collection of any data not shown to be accurate, relevant, timely, and complete at the moment it is collected. In the collection of information for law enforcement purposes, it is impossible to determine in advance what information is accurate, relevant, timely, and complete.
Material which may seem unrelated, irrelevant, or incomplete when collected may take on added meaning or significance as an investigation progresses. The restrictions of this provision could interfere with the preparation of a complete investigative report, and thereby impede effective law enforcement.
ix From subsection e8 because the application of this provision could prematurely reveal an ongoing criminal investigation to the subjects of an investigation and could reveal
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