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
Federal Register / Vol. 74, No. 11 / Friday, January 16, 2009 / Proposed Rules 2905 

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 personnel 

security management. 

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 

personnel security management records. 

The personnel security management 

system of records is the baseline system 

for personnel security activities, as led 

by the DHS Office of the Chief Security 

Officer, for the Department. This will 

ensure that all DHS components follow 

the same privacy rules for collecting and 

handling personnel security 

management records. In this notice of 

proposed rulemaking, DHS now is 

proposing to exempt Personnel Security 

Management, 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 Personnel Security Management. 

Some information in Personnel Security 

Management relates to official DHS 

national security, law enforcement, 

immigration, intelligence activities, and 

protective services to the President of 

the United States or other individuals 

pursuant to Section 3056 and 3056A of 

Title 18. 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; to safeguard classified 

information; and to safeguard records in 

connection with providing protective 

services to the President of the United 

States or other individuals pursuant to 

Section 3056 and 3056A of Title 18. 

Disclosure of information to the subject 

of the inquiry could also permit the 

subject to avoid detection or 

apprehension. 

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 

Personnel Security Management 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—023 Personnel Security 

Management system of records consists of 

electronic and paper records and will be used 

by DHS and its components. DHS/All—023 

Personnel Security Management 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; national security 

and intelligence activities; and protection of 

the President of the United States or other 

individuals pursuant to Section 3056 and 

3056A of Title 18. Personnel Security 

Management 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), (3), 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 caseby-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 


hsrobinson on PROD1PC76 with PROPOSALS
2906 Federal Register / Vol. 74, No. 11 / Friday, January 16, 2009 / Proposed Rules 

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), (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 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. E9–925 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–2008–0152] 

Privacy Act of 1974: Department of 

Homeland Security—024 Facility and 

Perimeter Access Control and Visitor 

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—024 Facility and Perimeter 

Access Control and Visitor 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– 

2008–0152, 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 facility and 

perimeter access control and visitor 

management. 

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 

facility and perimeter access control and 

visitor management records. The access 

control and visitor management system 

of records is the baseline system for 

facility and perimeter access control and 

visitor management, as led by the DHS 

Office of the Chief Security Officer. This 

will ensure that all components of DHS 

follow the same privacy rules for 

collecting and handling access control 

and visitor management records. 

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 Facility and Perimeter Access 

Control and Visitor Management. Some 

information in Facility and Perimeter 

Access Control and Visitor Management 

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. 

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 


hsrobinson on PROD1PC76 with PROPOSALS