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Federal Register / Vol. 86, No. 154 / Friday, August 13, 2021 / Rules and Regulations
American Rescue Plan Act ARP
ProgramsThe audit community, including GAO, requested that the agencies provide audit guidance expeditiously for the programs created under the ARP, since funds are material and many have complex compliance and reporting requirements. OMB is working with Federal awarding agencies to identify the new ARP programs with special compliance and reporting requirements. When completed by the agencies and reviewed by OMB, these audit guides will be published on the CFO.gov website.
Deidre A. Harrison, Deputy Controller.
FR Doc. 202117363 Filed 81221; 8:45 am BILLING CODE 311001P

II. Public Comments
DEPARTMENT OF HOMELAND
SECURITY

DHS received no comments on the NPRM and comments from one organization on the SORN.

Office of the Secretary
SORN

6 CFR Part 5

DHS received comments suggesting that 1 the scope of the proposed records system is broad and DHS
components access to records covered by the Counterintelligence Program System of Records create the risk that components would use the records system in ways that exceed their stated missions; 2 the proposed routine use exemptions are not narrowly tailored to the defined purpose of the SORN for which the records are collected, would be used to disclose records to foreign and private entities that are not subject to the Privacy Act, and would create substantial risks for potential data breaches; 3 the Counterintelligence Program System of Records creates a substantial risk of data breach since the Federal Government has demonstrated it is incapable of handling and safeguarding sensitive information; and 4 the proposed exemptions are unnecessary and limit individuals ability to correct harmful errors, thwart DHSs public notice obligations, and permit unlimited data collection, even if unnecessary and irrelevant. After full consideration of public comments, the Department will implement the rulemaking as proposed for the reasons described in the NPRM and as described here in the final rule.

Docket No. DHS20210028

Privacy Act of 1974: Implementation of Exemptions; U.S. Department of Homeland Security/ALL046
Counterintelligence Program System of Records U.S. Department of Homeland Security.
ACTION: Final rule.
AGENCY:

SUMMARY: The U.S. Department of Homeland Security DHS is issuing a final rule to amend its regulations to exempt portions of a newly established system of records titled, DHS/ALL046
Counterintelligence Program System of Records from certain provisions of the Privacy Act. Specifically, the Department exempts portions from one or more provisions of the Privacy Act because of criminal, civil, and administrative enforcement requirements.

This final rule is effective August 13, 2021.
FOR FURTHER INFORMATION CONTACT: For privacy questions please contact: Lynn Parker Dupree, 202 3431756, Privacy@hq.dhs.gov, Chief Privacy Officer, Privacy Office, U.S. Department of Homeland Security, Washington, DC
205280655.
SUPPLEMENTARY INFORMATION:
DATES:

jbell on DSKJLSW7X2PROD with RULES

Register, 85 FR 80667 December 14, 2020, 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. In concert with that rulemaking, DHS issued a new system of records notice, DHS/ALL
046 Counterintelligence Program System of Records in the Federal Register, 85 FR 80800 December 14, 2020, outlining that DHS will collect and maintain records as part of the unified Counterintelligence Program across the Department.
DHS invited comments on both the Notice of Proposed Rulemaking NPRM
and System of Records Notice SORN.

I. Background The U.S. Department of Homeland Security DHS published a notice of proposed rulemaking in the Federal
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16:00 Aug 12, 2021

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List of Subjects in 6 CFR Part 5
Freedom of information, Privacy.
For the reasons stated in the preamble, DHS amends Chapter I of Title 6, Code of Federal Regulations, as follows:

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PART 5DISCLOSURE OF RECORDS
AND INFORMATION
1. The authority citation for part 5
continues to read as follows:

Authority: 6 U.S.C. 101 et seq.; Pub. L.
107296, 116 Stat. 2135; 5 U.S.C. 301.
Subpart A also issued under 5 U.S.C. 552.
Subpart B also issued under 5 U.S.C. 552a.

2. Amend Appendix C to Part 5 by adding paragraph 83 to read as follows:

Appendix C to Part 5DHS Systems of Records Exempt From the Privacy Act

83. The Department of Homeland Security DHS/ALL046 Counterintelligence Program System of Records consists of electronic and paper records and will be used by DHS and its components. The DHS/ALL046
Counterintelligence Program System of Records is a repository of information held by DHS in connection with its several and varied missions and functions, including 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 system of records covers 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. 552aj2, has exempted this system from the following provisions of the Privacy Act, 5 U.S.C. secs. 552ac3, c4; d; e1, e2, e3, e4G, e4H, e4I, e5, e8, e12; f; and g1. Additionally, the Secretary of Homeland Security, pursuant to 5 U.S.C.
552ak1, k2, and k5, has exempted this system from the following provisions of the Privacy Act: 5 U.S.C. secs. 552ac3; d;
e1, e4G, e4H, e4I; and f.
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 c3 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/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.
b From subsection d Access and Amendment to Records because access to the records contained in this system of
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