This section of the FEDERAL REGISTER

contains notices to the public of the proposed

issuance of rules and regulations. The

purpose of these notices is to give interested

persons an opportunity to participate in the

rule making prior to the adoption of the final

rules.

Proposed Rules Federal Register

2903 

Vol. 74, No. 11 

Friday, January 16, 2009 

DEPARTMENT OF HOMELAND 

SECURITY 

Office of the Secretary 

6 CFR Part 5 

[Docket No. DHS–2008–0164] 

Privacy Act of 1974: Department of 

Homeland Security—025 Law 

Enforcement Authority in Support of 

the Protection of Property Owned or 

Occupied by the Department of 

Homeland Security 

AGENCY: Privacy Office, DHS. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Department of Homeland 

Security (DHS) is giving concurrent 

notice of a revised and updated system 

of records pursuant to the Privacy Act 

of 1974 for the Department of Homeland 

Security Law Enforcement Authority in 

Support of the Protection of Property 

Owned or Occupied by the Department 

of Homeland Security system of records 

and this proposed rulemaking. In this 

proposed rulemaking, the Department 

proposes 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. 

DATES: Comments must be received on 

or before February 17, 2009. 

ADDRESSES: You may submit comments, 

identified by docket number DHS– 

2008–0164, by one of the following 

methods: 

• Federal e-Rulemaking Portal: 

http://www.regulations.gov. Follow the 

instructions for submitting comments. 

• Fax: 703–483–2999. 

• Mail: Hugo Teufel III, Chief Privacy 

Officer, Department of Homeland 

Security, Washington DC 20528. 

Instructions: All submissions received 

must include the agency name and 

docket number for this notice. All 

comments received will be posted 

without change to http:// 

www.regulations.gov, including any 

personal information provided. 

Docket: For access to the docket to 

read background documents or 

comments received, go to http:// 

www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: For 

general questions and privacy issues, 

please contact: Hugo Teufel III (703– 

235–0780), Chief Privacy Officer, 

Privacy Office, Department of Homeland 

Security, Washington, DC 20528. 

SUPPLEMENTARY INFORMATION: 

Background: Pursuant to the savings 

clause in the Homeland Security Act of 

2002, Public Law 107–296, Section 

1512, 116 Stat. 2310 (November 25, 

2002), the Department of Homeland 

Security (DHS) and its components and 

offices have relied on preexisting 

Privacy Act systems of records notices 

for the collection and maintenance of 

records that pertain to Law Enforcement 

Authority in Support of the Protection 

of Property Owned or Occupied by the 

Department of Homeland Security 

activities. 

As part of its efforts to streamline and 

consolidate its Privacy Act record 

systems, DHS is establishing a new 

agency-wide system of records under 

the Privacy Act (5 U.S.C. 552a) for DHS 

Law Enforcement Authority in Support 

of the Protection of Property Owned or 

Occupied by the Department of 

Homeland Security records. The Law 

Enforcement Authority in Support of 

the Protection of Property Owned or 

Occupied by the Department of 

Homeland Security system of records is 

the baseline system for investigative 

activities. This will ensure that all 

components of DHS follow the same 

privacy rules for collecting and 

handling Law Enforcement Authority in 

Support of the Protection of Property 

Owned or Occupied by the Department 

of Homeland Security records. 

In this notice of proposed rulemaking, 

DHS now is proposing to exempt Law 

Enforcement Authority in Support of 

the Protection of Property Owned or 

Occupied by the Department of 

Homeland Security, in part, from certain 

provisions of the Privacy Act. 

The Privacy Act embodies fair 

information principles in a statutory 

framework governing the means by 

which the United States Government 

collects, maintains, uses, and 

disseminates personally identifiable 

information. The Privacy Act applies to 

information that is maintained in a 

‘‘system of records.’’ A ‘‘system of 

records’’ is a group of any records under 

the control of an agency from which 

information is retrieved by the name of 

the individual or by some identifying 

number, symbol, or other identifying 

particular assigned to the individual. 

Individuals may request their own 

records that are maintained in a system 

of records in the possession or under the 

control of DHS by complying with DHS 

Privacy Act regulations, 6 CFR part 5. 

The Privacy Act requires each agency 

to publish in the Federal Register a 

description of the type and character of 

each system of records that the agency 

maintains, and the routine uses that are 

contained in each system in order to 

make agency recordkeeping practices 

transparent, to notify individuals 

regarding the uses to which personally 

identifiable information is put, and to 

assist individuals in finding such files 

within the agency. 

The Privacy Act allows Government 

agencies to exempt certain records from 

the access and amendment provisions. If 

an agency claims an exemption, 

however, it must issue a Notice of 

Proposed Rulemaking to make clear to 

the public the reasons why a particular 

exemption is claimed. 

DHS is claiming exemptions from 

certain requirements of the Privacy Act 

for Law Enforcement Authority in 

Support of the Protection of Property 

Owned or Occupied by the Department 

of Homeland Security. Some 

information in Law Enforcement 

Authority in Support of the Protection 

of Property Owned or Occupied by the 

Department of Homeland Security 

relates to official DHS national security, 

law enforcement, immigration, and 

intelligence activities. These 

exemptions are needed to protect 

information relating to DHS activities 

from disclosure to subjects or others 

related to these activities. Specifically, 

the exemptions are required to preclude 

subjects of these activities from 

frustrating these processes; to avoid 

disclosure of activity techniques; to 

protect the identities and physical safety 

of confidential informants and law 

enforcement personnel; to ensure DHS’ 

ability to obtain information from third 

parties and other sources; to protect the 

privacy of third parties; and to safeguard 

classified information. Disclosure of 

information to the subject of the inquiry 

could also permit the subject to avoid 

detection or apprehension. 


hsrobinson on PROD1PC76 with PROPOSALS
2904 Federal Register / Vol. 74, No. 11 / Friday, January 16, 2009 / Proposed Rules 

The exemptions proposed here are 

standard law enforcement and national 

security exemptions exercised by a large 

number of Federal law enforcement and 

intelligence agencies. In appropriate 

circumstances, where compliance 

would not appear to interfere with or 

adversely affect the law enforcement 

purposes of this system and the overall 

law enforcement process, the applicable 

exemptions may be waived on a case by 

case basis. 

A notice of system of records for Law 

Enforcement Authority in Support of 

the Protection of Property Owned or 

Occupied by the Department of 

Homeland Security is also published in 

this issue of the Federal Register. 

List of Subjects in 6 CFR Part 5 

Freedom of information; Privacy. 

For the reasons stated in the 

preamble, DHS proposes to amend 

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.; Pub. L. 

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 

‘‘14’’: 

Appendix C to Part 5—DHS Systems of 

Records Exempt From the Privacy Act 

* * * * * 

14. The Department of Homeland 

Security—025 Law Enforcement Authority in 

Support of the Protection of Property Owned 

or Occupied by the Department of Homeland 

Security system of records consists of 

electronic and paper records and will be used 

by DHS and its components. DHS/All—025 

Law Enforcement Authority in Support of the 

Protection of Property Owned or Occupied 

by the Department of Homeland Security 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; and national 

security and intelligence activities. DHS/ 

All—025 Law Enforcement Authority in 

Support of the Protection of Property Owned 

or Occupied by the Department of Homeland 

Security 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. Pursuant to 5 U.S.C. 

552a(k)(1), (2), and (5), this system is exempt 

from the following provisions of the Privacy 

Act, subject to the limitations set forth in 

those subsections: 5 U.S.C. 552a (c)(3), (d), 

(e)(1), (e)(4)(G), (e)(4)(H), (e)(4)(I), 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 (c)(3) (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, 

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 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, 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, to tamper with 

witnesses or evidence, and to avoid detection 

or apprehension. Amendment of the records 

could interfere with ongoing investigations 

and law enforcement activities and would 

impose an impossible administrative burden 

by requiring investigations to be 

continuously 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 therefore DHS is not 

required to establish requirements, rules, or 

procedures with respect to such access. 

Providing notice to individuals with respect 

to 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 efforts and reveal the identities 

of witnesses, and potential witnesses, and 

confidential informants. 

Dated: December 22, 2008. 

Hugo Teufel III, 

Chief Privacy Officer, Department of 

Homeland Security. 

[FR Doc. E9–926 Filed 1–15–09; 8:45 am] 

BILLING CODE 4410–10–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Office of the Secretary 

6 CFR Part 5 

[Docket No. DHS–2008–0151] 

Privacy Act of 1974: Department of 

Homeland Security—023 Personnel 

Security Management 

AGENCY: Privacy Office, DHS. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Department of Homeland 

Security (DHS) is giving concurrent 

notice of a revised and updated system 

of records pursuant to the Privacy Act 

of 1974 for the Department of Homeland 

Security—023 Personnel Security 

Management system of records and this 

proposed rulemaking. In this proposed 

rulemaking, the Department proposes 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. 

DATES: Comments must be received on 

or before February 17, 2009. 

ADDRESSES: You may submit comments, 

identified by docket number DHS– 

2008–0151, by one of the following 

methods: 

• Federal e-Rulemaking Portal: 

http://www.regulations.gov. Follow the 

instructions for submitting comments. 

• Fax: 703–483–2999. 

• Mail: Hugo Teufel III, Chief Privacy 

Officer, Department of Homeland 

Security, Washington, DC 20528. 

Instructions: All submissions received 

must include the agency name and 

docket number for this notice. All 

comments received will be posted 

without change to http:// 

www.regulations.gov, including any 

personal information provided. 

Docket: For access to the docket to 

read background documents or 

comments received, go to http:// 

www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: For 

general questions and privacy issues, 

please contact: Hugo Teufel III (703– 

235–0780), Chief Privacy Officer, 

Privacy Office, Department of Homeland 

Security, Washington, DC 20528. 

SUPPLEMENTARY INFORMATION: 


hsrobinson on PROD1PC76 with PROPOSALS