FR 2021-02262

Overview

Title

Privacy Act of 1974; System of Records

Agencies

ELI5 AI

The Treasury Department wants to update some rules about how they check if outside countries can buy things in the U.S. to make sure it's safe. They're changing how they keep track of this information, and these changes will start on March 8, 2021, unless more adjustments are needed.

Summary AI

The Department of the Treasury has proposed changes to its system of records notice under the Privacy Act of 1974 for the Committee on Foreign Investment in the United States (CFIUS) Case Management System. These changes will update the legal authorities and clarify regulations to help CFIUS assess and review foreign investments for national security risks. The amendments add new legal authorities and adjust existing ones, allowing CFIUS to better manage and store information related to foreign investments in the U.S. The modifications are set to take effect on March 8, 2021, unless further adjustments are necessary based on public comments received by that date.

Abstract

In accordance with the Privacy Act of 1974, the Department of the Treasury (Treasury), Departmental Offices proposes to modify a system of records notice relating to the Treasury system of records titled, "Department of the Treasury, Departmental Offices .227-- Committee on Foreign Investment in the United States (CFIUS) Case Management System."

Type: Notice
Citation: 86 FR 8260
Document #: 2021-02262
Date:
Volume: 86
Pages: 8260-8262

AnalysisAI

The document in question concerns a proposal from the Department of the Treasury to modify an existing system of records related to the Committee on Foreign Investment in the United States (CFIUS) Case Management System. This modification proposal is in compliance with the Privacy Act of 1974, aiming to update the legal guidelines that govern how the CFIUS gathers, manages, and uses information pertinent to foreign investments in the United States.

General Summary

The document announces changes that will affect how the CFIUS database is maintained, adding new legal authorities while clarifying existing regulations. The proposed modifications focus on ensuring that the system aligns with recent legislative updates and executive orders. These changes relate to how CFIUS reviews foreign investments, particularly those that might impact national security. The public is invited to provide comments on the proposed changes, which are expected to go into effect in March 2021, unless further adjustments are deemed necessary.

Significant Issues

One of the primary issues with the document is the dense concentration of legal references and jargon, which could pose understanding challenges for individuals without a legal background. The document references multiple amendments and modifications over various years, creating a complex historical narrative that can be difficult to track. Additionally, the document repeatedly mentions legal authorities and the process of CFIUS reviews, potentially resulting in redundancy and unnecessary complexity.

Impact on the Public

The modifications proposed can have broad implications for the public, particularly in enhancing the security framework through which foreign investments in the U.S. are scrutinized. The aim is to safeguard national security better by ensuring all foreign investment transactions that may pose risks are properly reviewed and monitored. However, for the general public, the technical nature of this document may obscure the direct relevance of these changes to their everyday lives.

Impact on Specific Stakeholders

The document's proposals can have more pronounced implications for foreign investors and businesses engaging in international transactions with U.S. entities. The updated legal framework will affect how these groups prepare for and engage in investment dealings, potentially adding layers of compliance and regulatory scrutiny. While these measures are intended to protect U.S. national interests, they may also impose additional administrative burdens on foreign entities seeking to operate in the U.S.

In conclusion, the document underlines a significant regulatory update to a critical government system that oversees foreign investments. While it is tailored to protect national interests, understanding the detailed legal framework may require further context for the public and specific stakeholders alike. Public participation through comments can play a crucial role in shaping these regulations to balance national security while maintaining an open investment environment.

Issues

  • • The document contains a significant amount of legal and regulatory references, which might be difficult for laypersons or non-experts to understand without additional context or explanation.

  • • The inclusion of numerous references to amendments and modifications of regulations over several years (e.g., 31 CFR part 800, 31 CFR parts 800-802) can be confusing and may obscure the historical continuity and impact of those changes.

  • • There is a potential for redundancy in the document due to repeated mention of legal authorities and the process of CFIUS's review, which could make the document longer and more complex than necessary.

  • • The detailed legal background provided about the FIRRMA, FINSA, and other acts may be overwhelming and could be condensed for clarity and accessibility.

  • • The document uses a significant amount of jargon and technical terms related to the legal and regulatory framework of CFIUS, which might not be easily understood by individuals not familiar with these areas.

  • • There are no issues identified related to wasteful spending or favoritism towards any particular organizations or individuals within the document.

Statistics

Size

Pages: 3
Words: 2,836
Sentences: 67
Entities: 319

Language

Nouns: 912
Verbs: 214
Adjectives: 161
Adverbs: 36
Numbers: 231

Complexity

Average Token Length:
4.75
Average Sentence Length:
42.33
Token Entropy:
5.43
Readability (ARI):
25.84

Reading Time

about 12 minutes