[Federal Register Volume 71, Number 176 (Tuesday, September 12, 2006)]
[Proposed Rules]
[Pages 53609-53610]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-15046]


 ========================================================================
 Proposed Rules
                                                 Federal Register
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 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.
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 

  Federal Register / Vol. 71, No. 176 / Tuesday, September 12, 2006 / 
Proposed Rules  

[[Page 53609]]



DEPARTMENT OF HOMELAND SECURITY

Office of the Secretary

6 CFR Part 5

[Docket Number 2006-0027]


Privacy Act of 1974: Implementation of Exemptions

AGENCY: Office of Security, Department of Homeland Security.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Department of Homeland Security is concurrently 
establishing a new system of records pursuant to the Privacy Act of 
1974 for the Office of Security entitled the ``Office of Security File 
System.'' This system of records will support the administration of a 
program that provides security for the Department by safeguarding and 
protecting the Department's personnel, property, facilities and 
information.
    In this proposed rulemaking, the Department proposes to exempt 
portions of this 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 October 12, 2006.

ADDRESSES: You may submit comments, identified by docket number DHS-
2006-0027, by one of the following methods:
    Federal eRulemaking Portal: http://www.regulations.gov. Follow the 
instructions for submitting comments.
    Fax: (202) 401-4514 (not a toll-free number).
    Mail: Marc E. Frey, Senior Advisor, Office of Security, 245 Murray 
Lane, SW., Building 410, Washington, DC 20528; Hugo Teufel III, Chief 
Privacy Officer, 601 S. 12th Street, Arlington, VA 22202-4220.
    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: Marc E. Frey, Senior Advisor, Office 
of Security, 245 Murray Lane, SW., Building 410, Washington, DC 20528 
by telephone (202) 772-5096 or facsimile (202) 401-4514; Hugo Teufel 
III, Chief Privacy Officer, 601 S. 12th Street, Arlington, VA 22202-
4220 by telephone (571) 227-3813 or facsimile (571) 227-4171.

SUPPLEMENTARY INFORMATION: 

Background

    Elsewhere in the Federal Register, the Department of Homeland 
Security (DHS) is publishing a Privacy Act system of records notice 
describing records in the file system of its Office of Security. DHS 
established the Office of Security to protect and safeguard the 
Department's personnel, property, facilities, and information. The 
Office of Security develops, coordinates, implements, and oversees the 
Department's security policies, programs, and standards; delivers 
security training and education to DHS personnel; and provides security 
support to DHS components when necessary. In addition, the Office of 
Security coordinates and collaborates with the Intelligence Community 
on security issues and the protection of information. The Office of 
Security works to integrate security into every aspect of the 
Department's operations.
    The Office of Security File System consists of records relating to 
the management and operation of the DHS personnel security and 
suitability program, including but not limited to, completed standard 
form questionnaires issued by the Office of Personnel Management and 
other information related to an individual's eligibility for access to 
classified or sensitive information.
    This system contains records pertaining to numerous categories of 
individuals including DHS personnel who may be a subject of a counter-
terrorism, or counter-espionage, or law enforcement investigation; 
senders of unsolicited communications that raise a security concern to 
the Department or its personnel; state and local government personnel 
and private-sector individuals who serve on an advisory committee and 
board sponsored by DHS; and state and local government personnel and 
private-sector individuals who are authorized by DHS to access 
sensitive or classified homeland security information, classified 
facilities, communications security equipment, and information 
technology systems that process national or homeland security 
classified information. The information in this system also relates to 
official Security investigations and law enforcement activities.
    Accordingly, DHS proposes to exempt this system, in part, from 
certain provisions of the Privacy Act and to add that exemption to 
Appendix C to Part 5, DHS Systems of Records Exempt from the Privacy 
Act. The DHS Office of Security needs this exemption in order to 
protect information relating to Security investigations from disclosure 
to subjects of investigations and others who could interfere with the 
Office of Security's investigatory and law enforcement activities. 
Specifically, the exemptions are required to preclude subjects of 
investigations from frustrating the investigative process; to avoid 
disclosure of investigative techniques; protect the identities and 
physical safety of confidential informants and of law enforcement 
personnel; ensure the Office of Security's ability to obtain 
information from third parties and other sources; protect the privacy 
of third parties; and safeguard classified information. Disclosure of 
information to the subject of the inquiry could also permit the subject 
to avoid detection or apprehension.
    In addition, because the Office of Security investigations arise 
out of DHS programs and activities, information in this system of 
records may pertain to national security and related law enforcement 
matters. In such cases, allowing access to such information could alert 
subjects of the Office of Security investigations into actual or 
potential criminal, civil, or regulatory violations, and could reveal 
in an untimely manner, the Office of Security's and other agencies' 
investigative interests in law enforcement efforts to preserve national 
security.

[[Page 53610]]

    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.

List of Subjects in 6 CFR Part 5

    Classified information, Privacy, Freedom of information.

    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: 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.

    2. At the end of Appendix C to Part 5, add the following new 
paragraph:

Appendix C to part 5--DHS Systems of Records Exempt From the Privacy 
Act

* * * * *
    4. DHS-OS-001, Office of Security File System. This system and 
its records are used in the management and implementation of Office 
of Security programs and activities that safeguard and support the 
protection of the Department's personnel, property, facilities, and 
information. Pursuant to 5 U.S.C. 552a(k)(1) and (k)(2), 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), (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 into an actual or potential criminal, civil, or 
regulatory violation, to the existence of the investigation, which 
in some cases may be classified, and which could reveal 
investigative interest on the part of DHS or the Office of Security. 
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, tamper with witnesses or evidence, and avoid 
detection or apprehension, which would undermine the entire 
investigative process.
    (b) From subsection (d) (Access to and Amendment of Records) 
because access to the records contained in this system of records 
could inform the subject of an investigation, which in some cases 
may be classified, and prematurely 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, tamper with witnesses or evidence, and 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 national security or information breaches, 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 and for the protection of national security, 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 access and amendment provisions of 
subsection (d).
    (e) From subsection (g) to the extent that the system is exempt 
from other specific subsections of the Privacy Act.

    Dated: September 1, 2006.
Hugo Teufel III,
Chief Privacy Officer.

[FR Doc. E6-15046 Filed 9-11-06; 8:45 am]
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