45088 Federal Register / Vol. 74, No. 167 / Monday, August 31, 2009 / Rules and Regulations 

PART 5—DISCLOSURE OF RECORDS 

AND INFORMATION 

■ 1. The authority citation for Part 5 

continues to read as follows: 

Authority: Public Law 107–296, 116 Stat. 

2135, 6 U.S.C. 101 et seq.; 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. Add at the end of Appendix C to 

Part 5, Exemption of Record Systems 

under the Privacy Act, the following 

new paragraph ‘‘35’’: 

Appendix C to Part 5—DHS Systems of 

Records Exempt From the Privacy Act 

* * * * * 

35. The DHS/Secret Service—001 Criminal 

Investigation Information system of records 

consists of electronic and paper records and 

will be used by DHS and its components. The 

DHS/Secret Service—001 Criminal 

Investigation Information system 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; the protection of 

the President of the United States or other 

individuals and locations pursuant to Section 

3056 and 3056A of Title 18. The DHS/Secret 

Service—001 Criminal Investigation 

Information system 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, 

international government agencies, as well as 

private corporate, education and other 

entities. The Secretary of Homeland Security 

has exempted this system from the following 

provisions of the Privacy Act, subject to the 

limitations set forth in 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(j)(2). Additionally, 

the Secretary of Homeland Security has 

exempted this system from the following 

provisions of the Privacy Act, subject to the 

limitations set forth in 5 U.S.C. 552a(c)(3), 

(d), (e)(1), (e)(4)(G), (e)(4)(H), (I), and (f) 

pursuant to 5 U.S.C. 552a(k)(1), (k)(2), and 

(k)(3). 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 the investigation, 

or protective inquiry, 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 the Secret Service’s protective mission. 

Disclosure of the accounting would also 

permit the individual who is the subject of 

a record to impede the investigation, or 

inquiry, to tamper with witnesses or 

evidence, and to avoid detection or 

apprehension, which would undermine the 

entire investigative or inquiry process. 

(b) From subsection (d) (Access 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, or protective inquiry to the 

existence of the investigation or inquiry, 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 or inquiry, to tamper with 

witnesses or evidence, and to avoid detection 

or apprehension. Amendment of the records 

could interfere with ongoing investigations 

and law enforcement or protective activities 

and/or could disclose security-sensitive 

information that could be detrimental to 

homeland security or the protective mission 

of the Secret Service. 

(c) From subsection (e)(1) (Relevancy and 

Necessity of Information) because in the 

course of investigations into potential 

violations of Federal law or protective 

inquiries, 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 or protective inquiry. In the 

interests of effective law enforcement, and/or 

the protective mission of the Secret Service, 

it is appropriate to retain all information that 

may aid in establishing patterns of unlawful 

activity, or a threat to an individual, location 

or event protected or secured by the Secret 

Service. 

(d) From subsection (e)(2) (Collection of 

Information from Individuals) because 

requiring that information be collected from 

the subject of an investigation or protective 

inquiry would alert the subject to the nature 

or existence of an investigation or inquiry, 

thereby interfering with the related 

investigation or inquiry and law enforcement 

or protective activities. 

(e) From subsection (e)(3) (Notice to 

Individuals Providing Information) because 

providing such detailed information would 

impede law enforcement or protective 

activities in that it could compromise 

investigations or inquires by: Revealing the 

existence of an otherwise confidential 

investigation or inquiry and thereby provide 

an opportunity for the subject of an 

investigation or inquiry to conceal evidence, 

alter patterns of behavior, or take other 

actions that could thwart investigative or 

protective efforts; reveal the identity of 

witnesses in investigations or inquiries, 

thereby providing an opportunity for the 

subjects of the investigations or inquiries or 

others to harass, intimidate, or otherwise 

interfere with the collection of evidence or 

other information from such witnesses; or 

reveal the identity of confidential informants, 

which would negatively affect the 

informant’s usefulness in any ongoing or 

future investigations or protective activities 

and discourage members of the public from 

cooperating as confidential informants in any 

future investigations or protective activities. 

(f) From subsections (e)(4)(G), (H), and (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 the 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 or 

protective efforts and reveal the identities of 

witnesses, and potential witnesses, and 

confidential informants. 

(g) From subsection (e)(5) (Maintenance of 

Information Used in Making any 

Determination) because in the collection of 

information for law enforcement and 

protective purposes it is impossible to 

determine in advance what information is 

accurate, relevant, timely, and complete. 

Compliance with (e)(5) would preclude 

Secret Service DHS agents from using their 

investigative and protective training and 

exercising good judgment to both conduct 

and report on investigations or other 

protective activities. 

(h) From subsection (e)(8) (Notice on 

Individuals) because compliance would 

interfere with DHS’ ability to obtain, serve, 

and issue subpoenas, warrants, and other law 

enforcement mechanisms that may be filed 

under seal, or/and could result in disclosure 

of investigative or protective techniques, 

procedures, and evidence. 

(i) From subsection (g) (Civil Remedies) to 

the extent that the system is exempt from 

other specific subsections of the Privacy Act 

relating to individuals’ rights to access and 

amend their records contained in the system. 

Therefore DHS is not required to establish 

rules or procedures pursuant to which 

individuals may seek a civil remedy for the 

agency’s: Refusal to amend a record; refusal 

to comply with a request for access to 

records; failure to maintain accurate, 

relevant, timely and complete records; or 

failure to otherwise comply with an 

individual’s right to access or amend records. 

Dated: August 20, 2009. 

Mary Ellen Callahan, 

Chief Privacy Officer, Department of 

Homeland Security. 

[FR Doc. E9–20757 Filed 8–28–09; 8:45 am] 

BILLING CODE 4810–42–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Office of the Secretary 

6 CFR Part 5 

[Docket No. DHS–2009–0047] 

Privacy Act of 1974: Implementation of 

Exemptions; Department of Homeland 

Security U.S. Secret Service—003 NonCriminal Investigation Information 

System of Records 

AGENCY: Privacy Office, DHS. 


PWALKER on DSK8KYBLC1PROD with RULES5
Federal Register / Vol. 74, No. 167 / Monday, August 31, 2009 / Rules and Regulations 45089 

ACTION: Final rule. 

SUMMARY: The Department of Homeland 

Security is issuing a final rule to amend 

its regulations to exempt portions of a 

Department of Homeland Security U.S. 

Secret Service system of records entitled 

the ‘‘Department of Homeland Security 

U.S. Secret Service—003 Non-Criminal 

Investigation Information System of 

Records’’ from certain provisions of the 

Privacy Act. Specifically, the 

Department exempts portions of the 

Department of Homeland Security U.S. 

Secret Service—003 Non-Criminal 

Investigation Information system from 

one or more provisions of the Privacy 

Act because of criminal, civil, and 

administrative enforcement 

requirements. 

DATES: Effective Date: This final rule is 

effective August 31, 2009. 

FOR FURTHER INFORMATION CONTACT: For 

general questions please contact: Latita 

Payne (202–406–6370), Privacy Point of 

Contact, United States Secret Service, 

Washington, DC 20223. For privacy 

issues contact: Mary Ellen Callahan 

(703–235–0780), Chief Privacy Officer, 

Privacy Office, U.S. Department of 

Homeland Security, Washington, DC 

20528. 

SUPPLEMENTARY INFORMATION: 

Background 

The Department of Homeland 

Security (DHS) published a notice of 

proposed rulemaking in the Federal 

Register, 73 FR 77546, December 19, 

2008, proposing to exempt portions of 

the system of records from one or more 

provisions of the Privacy Act because of 

the U.S. Secret Service’s (Secret Service) 

protective functions and its criminal, 

civil, and administrative enforcement 

responsibilities. The system of records 

is the DHS/Secret Service—003 NonCriminal Investigation Information 

system. The DHS/Secret Service—003 

Non-Criminal Investigation Information 

system of records notice was published 

concurrently in the Federal Register, 73 

FR 77813, December 19, 2008, and 

comments were invited on both the 

notice of proposed rulemaking and the 

system of records notice. No comments 

were received. 

Public Comments 

DHS received no comments on the 

notice of proposed rulemaking or the 

system of records notice. DHS 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 amends Chapter I of Title 6, Code 

of Federal Regulations, as follows: 

PART 5—DISCLOSURE OF RECORDS 

AND INFORMATION 

■ 1. The authority citation for Part 5 

continues to read as follows: 

Authority: 6 U.S.C. 101 et seq.; Public Law 

107–296, 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. Add at the end of Appendix C to 

Part 5, the following new paragraph 

‘‘36’’: 

Appendix C to Part 5—DHS Systems of 

Records Exempt From the Privacy Act 

* * * * * 

36. The DHS/Secret Service—003 NonCriminal Investigation Information system of 

records consists of electronic and paper 

records and will be used by DHS and its 

components. The DHS/Secret Service—003 

Non-Criminal Investigation Information 

system 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; criminal, civil, protective and 

background investigations and inquiries, and 

proceedings thereunder; the protection of the 

President of the United States or other 

individuals and locations pursuant to Section 

3056 and 3056A of Title 18; and the hiring 

of employees through an application process 

which includes the use of polygraph 

examinations. The DHS/Secret Service—003 

Non-Criminal Investigation Information 

system 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, as well as private 

corporate, educational and other entities. The 

Secretary of Homeland Security has 

exempted this system from the following 

provisions of the Privacy Act, subject to the 

limitations set forth in 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(j)(2). Additionally, 

the Secretary of Homeland Security has 

exempted this system from the following 

provisions of the Privacy Act, subject to the 

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) 

pursuant to 5 U.S.C. 552a(k)(1), (k)(2), (k)(3), 

(k)(5), and (k)(6). Exemptions from these 

particular subsections are justified, on a caseby-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 the investigation, 

or protective inquiry, 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 the Secret Service’s protective mission. 

Disclosure of the accounting would also 

permit the individual who is the subject of 

a record to impede the investigation or 

inquiry, to tamper with witnesses or 

evidence, and to avoid detection or 

apprehension, which would undermine the 

entire investigative or inquiry process. 

(b) From subsection (d) (Access 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, or protective inquiry to the 

existence of the investigation or inquiry, 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 or inquiry, to tamper with 

witnesses or evidence, and to avoid detection 

or apprehension. Amendment of the records 

could interfere with ongoing investigations 

and law enforcement or protective activities 

and/or could disclose security-sensitive 

information that could be detrimental to 

homeland security or the protective mission 

of the Secret Service. 

(c) From subsection (e)(1) (Relevancy and 

Necessity of Information) because in the 

course of investigations into potential 

violations of Federal law or protective 

inquiries, 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 or protective inquiry. In the 

interests of effective law enforcement and/or 

the protective mission of the Secret Service, 

it is appropriate to retain all information that 

may aid in establishing patterns of unlawful 

activity, or a threat to an individual, location 

or event protected or secured by the Secret 

Service. 

(d) From subsection (e)(2) (Collection of 

Information from Individuals) because 

requiring that information be collected from 

the subject of an investigation or protective 

inquiry would alert the subject to the nature 

or existence of an investigation or inquiry, 

thereby interfering with the related 

investigation or inquiry and law enforcement 

or protective activities. 

(e) From subsection (e)(3) (Notice to 

Individuals Providing Information) because 

providing such detailed information would 

impede law enforcement or protective 

activities in that it could compromise 

investigations or inquiries by: Revealing the 

existence of an otherwise confidential 

investigation or inquiry and thereby provide 

an opportunity for the subject of an 

investigation or inquiry to conceal evidence, 

alter patterns of behavior, or take other 

actions that could thwart investigative or 

protective efforts; reveal the identity of 

witnesses in investigations or inquiries, 

thereby providing an opportunity for the 

subjects of the investigations or inquiries or 

others to harass, intimidate, or otherwise 

interfere with the collection of evidence or 

other information from such witnesses; or 

reveal the identity of confidential informants, 

which would negatively affect the 


PWALKER on DSK8KYBLC1PROD with RULES5
45090 Federal Register / Vol. 74, No. 167 / Monday, August 31, 2009 / Rules and Regulations 

informant’s usefulness in any ongoing or 

future investigations or protective activities 

and discourage members of the public from 

cooperating as confidential informants in any 

future investigations or protective activities. 

(f) From subsections (e)(4)(G), (H), and (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 the 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 or 

protective efforts and reveal the identities of 

witnesses, and potential witnesses, and 

confidential informants. 

(g) From subsection (e)(5) (Maintenance of 

Information Used in Making any 

Determination) because in the collection of 

information for law enforcement and 

protective purposes it is impossible to 

determine in advance what information is 

accurate, relevant, timely, and complete. 

Compliance with (e)(5) would preclude 

Secret Service agents from using their 

investigative and protective training, and 

exercising good judgment to both conduct 

and report on investigations or other 

protective activities. 

(h) From subsection (e)(8) (Notice on 

Individuals) because compliance would 

interfere with DHS’ ability to obtain, serve, 

and issue subpoenas, warrants, and other law 

enforcement mechanisms that may be filed 

under seal, or could result in disclosure of 

investigative or protective techniques, 

procedures, and evidence. 

(i) From subsection (g) (Civil Remedies) to 

the extent that the system is exempt from 

other specific subsections of the Privacy Act 

relating to individuals’ rights to access and 

amend their records contained in the system. 

Therefore DHS is not required to establish 

rules or procedures pursuant to which 

individuals may seek a civil remedy for the 

agency’s: Refusal to amend a record; refusal 

to comply with a request for access to 

records; failure to maintain accurate, 

relevant, timely and complete records; or 

failure to otherwise comply with an 

individual’s right to access or amend records. 

Dated: August 20, 2009. 

Mary Ellen Callahan, 

Chief Privacy Officer, Department of 

Homeland Security. 

[FR Doc. E9–20756 Filed 8–28–09; 8:45 am] 

BILLING CODE 4810–42–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Office of the Secretary 

6 CFR Part 5 

[Docket No. DHS–2009–0048] 

Privacy Act of 1974: Implementation of 

Exemptions; Department of Homeland 

Security U.S. Secret Service—004 

Protection Information System of 

Records 

AGENCY: Privacy Office, DHS. 

ACTION: Final rule. 

SUMMARY: The Department of Homeland 

Security is issuing a final rule to amend 

its regulations to exempt portions of a 

Department of Homeland Security U.S. 

Secret Service system of records entitled 

the ‘‘Department of Homeland Security 

U.S. Secret Service—004 Protection 

Information System of Records’’ from 

certain provisions of the Privacy Act. 

Specifically, the Department exempts 

portions of the Department of Homeland 

Security U.S. Secret Service—004 

Protection Information system from one 

or more provisions of the Privacy Act 

because of criminal, civil, and 

administrative enforcement 

requirements. 

DATES: Effective Date: This final rule is 

effective August 31, 2009. 

FOR FURTHER INFORMATION CONTACT: For 

general questions please contact: Latita 

Payne (202–406–6370), Privacy Point of 

Contact, United States Secret Service, 

Washington, DC 20223. For privacy 

issues contact: Mary Ellen Callahan 

(703–235–0780), Chief Privacy Officer, 

Privacy Office, U.S. Department of 

Homeland Security, Washington, DC 

20528. 

SUPPLEMENTARY INFORMATION: 

Background 

The Department of Homeland 

Security (DHS) published a notice of 

proposed rulemaking in the Federal 

Register, 73 FR 77551, December 19, 

2008, proposing to exempt portions of 

the system of records from one or more 

provisions of the Privacy Act because of 

the U.S. Secret Service (Secret Service) 

protective functions and its criminal, 

civil, and administrative enforcement 

responsibilities. The system of records 

is the DHS/Secret Service—004 

Protection Information system. The 

DHS/Secret Service—004 Protection 

Information system of records notice 

was published concurrently in the 

Federal Register, 73 FR 77733, 

December 19, 2008, and comments were 

invited on both the notice of proposed 

rulemaking and system of records 

notice. No comments were received. 

Public Comments 

DHS received no comments on the 

notice of proposed rulemaking or 

system of records notice. DHS 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 amends Chapter I of Title 6, Code 

of Federal Regulations, as follows: 

PART 5—DISCLOSURE OF RECORDS 

AND INFORMATION 

■ 1. The authority citation for Part 5 

continues to read as follows: 

Authority: Public Law 107–296, 116 Stat. 

2135, 6 U.S.C. 101 et seq.; 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. Add at the end of Appendix C to 

Part 5, Exemption of Record Systems 

under the Privacy Act, the following 

new paragraph ‘‘37’’: 

Appendix C to Part 5—DHS Systems of 

Records Exempt From the Privacy Act 

* * * * * 

37. The DHS/Secret Service—004 

Protection Information system of records 

consists of electronic and paper records and 

will be used by DHS and its components. The 

DHS/Secret Service—004 Protection 

Information system 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 

thereunder; and the protection of the 

President of the United States or other 

individuals and locations pursuant to 

Sections 3056 and 3056A of Title 18. The 

DHS/Secret Service—004 Protection 

Information system 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, as well as 

private corporate or other entities. The 

Secretary of Homeland Security has 

exempted this system from the following 

provisions of the Privacy Act, subject to the 

limitations set forth in 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(j)(2). Additionally, 

the Secretary of Homeland Security has 

exempted this system from the following 

provisions of the Privacy Act, subject to the 

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) 

pursuant to 5 U.S.C. 552a(k)(1), (k)(2), and 

(k)(3). 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: 


PWALKER on DSK8KYBLC1PROD with RULES5