Department of Homeland Security/ALL—020 Internal Affairs Records System of Records

42575

Rules and Regulations

Federal Register
Vol. 74, No. 162
Monday, August 24, 2009

This section of the FEDERAL REGISTER
contains regulatory documents having general
applicability and legal effect, most of which
are keyed to and codified in the Code of
Federal Regulations, which is published under
50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by
the Superintendent of Documents. Prices of
new books are listed in the first FEDERAL
REGISTER issue of each week.

DEPARTMENT OF HOMELAND
SECURITY

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.

Office of the Secretary
6 CFR Part 5
[Docket No. DHS–2009–0067]

Privacy Act of 1974: Implementation of
Exemptions; Department of Homeland
Security/ALL—020 Internal Affairs
Records System of Records
Privacy Office, DHS.
Final rule.

AGENCY:
ACTION:

SUPPLEMENTARY INFORMATION:
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Background
The Department of Homeland
Security (DHS) published a notice of
proposed rulemaking in the Federal
Register, 73 FR 67422, November 14,
2008, proposing to exempt portions of
the system of records from one or more
provisions of the Privacy Act because of

17:32 Aug 21, 2009

Jkt 217001

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

SUMMARY: The Department of Homeland
Security is issuing a final rule to amend
its regulations to exempt portions of a
Department-wide system of records
entitled the ‘‘Department of Homeland
Security/ALL—020 Internal Affairs
Records System of Records’’ from
certain provisions of the Privacy Act.
Specifically, the Department exempts
portions of the Department of Homeland
Security/ALL—020 Internal Affairs
Records 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 24, 2009.
FOR FURTHER INFORMATION CONTACT: For
general questions and privacy issues
please contact: Mary Ellen Callahan
(703–235–0780), Chief Privacy Officer,
Privacy Office, U.S. Department of
Homeland Security, Washington, DC
20528.

VerDate Nov<24>2008

criminal, civil, and administrative
enforcement requirements. The system
of records is the DHS/ALL—020 Internal
Affairs Records system. The DHS/ALL—
020 Internal Affairs Records system of
records notice was published
concurrently in the Federal Register, 73
FR 67529, November 18, 2008, and
comments were invited on both the
notice of proposed rulemaking and
system of records notice. No comments
were received.

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
‘‘18’’:

■

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

*

*

*

*

18. The DHS/ALL—020 Internal Affairs
Records system of records consists of
electronic and paper records and will be used
by DHS and its components. The DHS/ALL—
020 Internal Affairs Records 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; 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. The DHS/ALL—020
Internal Affairs Records 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. The
Secretary of Homeland Security has
exempted this system from the following

PO 00000

Frm 00001

Fmt 4700

Sfmt 4700

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),
and (k)(5). 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,
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 subsection (e)(2) (Collection of
Information from Individuals) because

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42576

Federal Register / Vol. 74, No. 162 / Monday, August 24, 2009 / Rules and Regulations

requiring that information be collected from
the subject of an investigation would alert the
subject to the nature or existence of an
investigation, thereby interfering with the
related investigation and law enforcement
activities.
(e) From subsection (e)(3) (Notice to
Subjects) because providing such detailed
information would impede law enforcement
in that it could compromise investigations
by: revealing the existence of an otherwise
confidential investigation and thereby
provide an opportunity for the subject of an
investigation to conceal evidence, alter
patterns of behavior, or take other actions
that could thwart investigative efforts; reveal
the identity of witnesses in investigations,
thereby providing an opportunity for the
subjects of the investigations 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 and discourage
members of the public from cooperating as
confidential informants in any future
investigations.
(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 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.
(g) From subsection (e)(5) (Collection of
Information) because in the collection of
information for law enforcement purposes it
is impossible to determine in advance what
information is accurate, relevant, timely, and
complete. Compliance with (e)(5) would
preclude DHS agents from using their
investigative training, and exercise of good
judgment to both conduct and report on
investigations.
(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, and could result in disclosure of
investigative techniques, procedures, and
evidence.
(i) From subsection (g) 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

VerDate Nov<24>2008

13:38 Aug 21, 2009

Jkt 217001

comply with an individual’s right to access
or amend records.
Dated: August 12, 2009.
Mary Ellen Callahan,
Chief Privacy Officer, Department of
Homeland Security.
[FR Doc. E9–20159 Filed 8–21–09; 8:45 am]
BILLING CODE 9110–9B–P

DEPARTMENT OF HOMELAND
SECURITY
Office of the Secretary
6 CFR Part 5
[Docket No. DHS–2009–0065]

Privacy Act of 1974: Implementation of
Exemptions; Department of Homeland
Security/ALL—018 Grievances,
Appeals and Disciplinary Action
Records System of Records
Privacy Office, DHS.
Final rule.

AGENCY:
ACTION:

Fmt 4700

Sfmt 4700

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:

Background
The Department of Homeland
Security (DHS) published a notice of
proposed rulemaking in the Federal
Register, 73 FR 62214, October 20, 2008,
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. The system
of records is the DHS/ALL—018
Grievances, Appeals and Disciplinary
Action Records system. The DHS/ALL—

Frm 00002

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.

■

SUMMARY: The Department of Homeland
Security is issuing a final rule to amend
its regulations to exempt portions of a
Department-wide system of records
entitled the ‘‘Department of Homeland
Security/ALL—018 Grievances, Appeals
and Disciplinary Action Records System
of Records’’ from certain provisions of
the Privacy Act. Specifically, the
Department exempts portions of the
Department of Homeland Security/
ALL—018 Grievances, Appeals and
Disciplinary Action Records 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 24, 2009.
FOR FURTHER INFORMATION CONTACT: For
general questions and privacy issues
please contact: Mary Ellen Callahan
(703–235–0780), Chief Privacy Officer,
Privacy Office, U.S. Department of
Homeland Security, Washington, DC
20528.
SUPPLEMENTARY INFORMATION:

PO 00000

018 Grievances, Appeals and
Disciplinary Action Records system of
records notice was published
concurrently in the Federal Register, 73
FR 61882, October 17, 2008, and
comments were invited on both the
notice of proposed rulemaking and
system of records notice. No comments
were received.

Authority: Pub. L. 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 16:

■

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

*

*

*

*

16. The DHS/ALL—018 Grievances,
Appeals and Disciplinary Action Records
system of records consists of electronic and
paper records and will be used by DHS and
its components. The DHS/ALL—018
Grievances, Appeals and Disciplinary Action
Records 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; 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. The DHS/ALL—018
Grievances, Appeals and Disciplinary Action
Records 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. 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

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