Privacy Act of 1974, Amendment of an Existing System of Records, 19088-19090 [E8-7273]

Agencies

• Office of the Secretary
• DEPARTMENT OF THE INTERIOR

[Federal Register Volume 73, Number 68 (Tuesday, April 8, 2008)]
[Notices]
[Pages 19088-19090]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-7273]


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DEPARTMENT OF THE INTERIOR

Office of the Secretary


Privacy Act of 1974, Amendment of an Existing System of Records

AGENCY: Office of the Secretary, Interior.

ACTION: Proposed Amendment of an Existing System of Records.

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SUMMARY: In accordance with the Privacy Act of 1974, as amended (5 
U.S.C. 552a), the Office of the Secretary of the Department of the 
Interior is issuing public notice of its intent to amend an existing 
Privacy Act system of records notice, Interior, DOI-18, 
``Discrimination Complaints.'' The revisions will update the system 
name, addresses of the system locations and system managers, the 
categories of individuals covered by the system statement, the routine 
uses of the records, and the storage, retrievability, and safeguards 
statements.

DATE: Comments must be received by May 19, 2008.

FOR FURTHER INFORMATION CONTACT: Any persons interested in commenting 
on this proposed amendment may do so by submitting comments in writing 
to Ms. Sue Ellen Sloca, Privacy Act Officer, Office of the Secretary, 
Department of the Interior, 1951 Constitution Avenue NW., MS 116 SIB, 
Washington, DC 20240 or by e-mail to sue_ellen_sloca@nbc.gov.

SUPPLEMENTARY INFORMATION: Interior, DOI-18 is being amended to more 
accurately describe the Department-wide scope of the system of records; 
to add sexual orientation and status as a parent to the list of 
discrimination factors in the categories of individuals covered by the 
system statement; to update the storage, retrievability and safeguards 
statements to reflect changes that have occurred since the system 
notice was last published; to update the list of routine uses of 
records maintained in the system to disclose records to the following 
entities for the following purposes: to other federal agencies to 
reconcile or reconstruct data files, to governmental organizations when 
relevant to the hiring, etc., of an employee or contractor or to 
provide information in response to a court order, to the National 
Archives and Records Administration to conduct records management 
inspections, to an expert, consultant or contractor to perform services 
requiring access to the records, to individuals involved in responding 
to a breach of Federal data, to the Office of Management and Budget in 
connection with legislative affairs as mandated by OMB Circular A-19, 
to the Treasury Department to recover debts owed to the Government, and 
to the news media when the disclosure is compatible with the purpose 
for which the records were compiled; to update the addresses of the 
system locations and system managers; and to change the name of the 
system from Interior, DOI-18, ``Discrimination Complaints'' to 
Interior, DOI-18, ``Civil Rights Complaints and Compliance Review 
Files.'' These amendments will be effective as proposed at the end of 
the comment period unless comments are received which would require a 
contrary determination. The Department will publish a revised notice if 
changes are made based upon a review of comments received.

    Dated: April 1, 2008.
Sharon D. Eller,
 Director, Office of Civil Rights.
INTERIOR/DOI-18

SYSTEM NAME:
    Interior, DOI-18, ``Civil Rights Complaints and Compliance Review 
Files''.

SYSTEM LOCATION:
    (1) Office of Civil Rights, 1849 C Street, NW., Mail Stop 5230 MIB, 
Washington, DC 20240.
    (2) Bureau of Land Management, Equal Employment Opportunity Group, 
1120 20th Street, NW., 3rd Floor, Washington, DC 20036.
    (3) Bureau of Reclamation, Diversity and Equal Opportunity, P.O. 
Box 25007, D-4700, Denver, Colorado 80225-0007.
    (4) U.S. Geological Survey, Office of Equal Opportunity, 12201 
Sunrise Valley Drive, 602 National Center, Reston, Virginia 22092.
    (5) National Park Service, Equal Employment Opportunity, 1201 I 
Street, NW., Org Code 2652, Washington, DC 20005.
    (6) U.S. Fish and Wildlife Service, Office of Diversity and Civil 
Rights, 4501 N. Fairfax Drive, Diversity and Civil Rights Office (2nd 
Floor) and the Division of Federal Assistance (4th Floor), Arlington, 
Virginia 22203.
    (7) Minerals Management Service, Equal Employment and Development 
Opportunity, 381 Elden Street, MS 2900, Herndon, Virginia 20170.
    (8) Office of Surface Mining Reclamation and Enforcement, Office 
for Equal Opportunity, 1951 Constitution Avenue NW., Room 138-SIB, 
Washington, DC 20240.
    (9) Bureau of Indian Affairs, Equal Employment Opportunity 
Programs, 2051 Mercator Drive, Reston, Virginia 20191.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Individuals who claim to have been discriminated against on the 
basis of race, color, sex, religion, national origin, disability, age, 
status as a parent, and sexual orientation in violation of various 
statutes and regulations including Title VI and Title VII of the Civil 
Rights Act of 1964, as amended (42 U.S.C. 2000d and 42 U.S.C. 2000e, et 
seq); Section 501, Section 504 and Section 508 of the Rehabilitation 
Act of 1973, as amended (29 U.S.C. 791, et seq) and its implementing 
regulations; the Age Discrimination in Employment Act of 1967, as 
amended (29 U.S.C. 794, et seq) and its implementing regulations; the 
Age Discrimination in Employment Act of 1967, as amended (29 U.S.C. 
621, et seq); Title IX of the Education Amendments of 1972 (Pub. L. 92-
318); Section 403 of the Trans-Alaska Pipeline Authorization Act (Pub. 
L. 93-153.87 Stat. 576); the Americans with Disabilities Act of 1990 
(Pub. L. 101-336); the Age Discrimination Act of 1975 (29 U.S.C. 621); 
the Architectural Barriers Act of 1968 (Pub. L. 90-480); the Civil 
Rights Restoration Act of 1987 (Pub. L. 100-259); the Civil Rights Act 
of 1991 (Pub. L. 102-166); the Health Insurance Portability and 
Accountability Act of 1996 (Pub. L. 104-191); Department of the 
Interior Regulations at 43 CFR Parts 17 and 41; Presidential Executive 
Orders 12898, 13160, 13166, 13152, and 13145; and Departmental Manual 
373 DM 8, dated July 1, 2005, subject: Procedures for Processing 
Complaints under Executive Order 13160, and 373 DM 7, dated December 1, 
1998, subject: Equal Opportunity Procedures for Processing Complaints 
of Discrimination Based on Sexual Orientation.

[[Page 19089]]

CATEGORIES OF RECORDS IN THE SYSTEM:
    (1) Complaints of discrimination; reports of complaints 
investigation and supplementary documentary evidence; correspondence, 
including requests for information from other Federal agencies, and 
from minority, civil rights, women's and community organizations; 
documents obtained from recipients of permits, rights-of-way, public 
land orders, or other Federal authorizations, and their agents, 
contractors, and subcontractors, under the Trans-Alaska Pipeline 
Authorization Act (Pub L. 93-153, 87 Stat. 576); and relevant 
statistical data obtained from various sources.
    (2) Systemic civil rights compliance reviews of recipients of 
Federal assistance; information on recipient employees, contractors or 
education instructor volunteers as contained in documents provided by 
recipients; medical information; eligibility determinations impacting 
complainants, witnesses or other parties; administrative subpoena 
files; staff interviews, self-evaluation plans; records of physical or 
mental impairments; racial/ethnic analyses of workforces and program 
enrollees; sanction hearings; notice of violations; language assistance 
plans; recipient staff interviews and interviews with members of the 
public; appeal files; training programs; civil enforcement files; 
environmental policies and program files.
    (3) Any and all information contained on private individuals as 
described in number 2 above, contained in records of accessibility or 
other civil rights reviews pertaining to facilities owned and operated 
by the Department of the Interior and its bureaus.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    Title VI and Title VII of the Civil Rights Act of 1964, as amended 
(42 U.S.C. 2000d and 42 U.S.C. 2000e, et seq); Section 501, Section 504 
and Section 508 of the Rehabilitation Act of 1973, as amended (29 
U.S.C. 791, et seq) and its implementing regulations; the Age 
Discrimination in Employment Act of 1967, as amended (29 U.S.C. 794, et 
seq) and its implementing regulations; the Age Discrimination in 
Employment Act of 1967, as amended (29 U.S.C. 621, et seq); Title IX of 
the Education Amendments of 1972 (Pub. L. 92-318); Section 403 of the 
Trans-Alaska Pipeline Authorization Act (Pub. L. 93-153.87 Stat. 576); 
the Americans with Disabilities Act of 1990 (Pub. L. 101-336); the Age 
Discrimination Act of 1975 (29 U.S.C. 621); the Architectural Barriers 
Act of 1968 (Pub. L. 90-480); the Civil Rights Restoration Act of 1987 
(Pub. L. 100-259); the Civil Rights Act of 1991 (Pub. L. 102-166); the 
Health Insurance Portability and Accountability Act of 1196 (Pub. L. 
104-191); and Department of the Interior Regulations at 43 CFR Parts 17 
and 41; Presidential Executive Orders 12898, 13160, 13166, 13152 and 
13145; 373 DM 8, dated July 1, 2005, and 373 DM 7, dated December 1, 
1998.

ROUTINE USE OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND THE PURPOSES OF SUCH USES:
    The primary purpose of the system is:
    (1) To investigate and resolve complaints of discrimination, 
related to both employment civil rights and public civil rights.
    (2) To compile statistical information on complaints of 
discrimination.
    (3) To conduct systemic civil rights compliance reviews of 
recipients of Federal assistance.
    (4) To conduct accessibility and other civil rights related 
evaluations of Department of the Interior facilities.
    Disclosures outside the Department of the Interior may be made:
    (1) To other Federal agencies charged with the enforcement of equal 
employment opportunity laws, orders and regulations, on a need-to-know 
basis to assist these agencies in their enforcement activities.
    (2) (a) To any of the following entities or individuals, when the 
circumstances set forth in paragraph (b) are met:
    (i) The U.S. Department of Justice (DOJ);
    (ii) A court or an adjudicative or other administrative body;
    (iii) A party in litigation before a court or an adjudicative or 
other administrative body; or
    (iv) Any DOI employee acting in his or her individual capacity if 
DOI or DOJ has agreed to represent that employee or pay for private 
representation of the employee;
    (b) When:
    (i) One of the following is a party to the proceeding or has an 
interest in the proceeding:
    (A) DOI or any component of DOI;
    (B) Any other Federal agency appearing before the Office of 
Hearings and Appeals;
    (C) Any DOI employee acting in his or her official capacity;
    (D) Any DOI employee acting in his or her individual capacity if 
DOI or DOJ has agreed to represent that employee or pay for private 
representation of the employee;
    (E) The United States, when DOJ determines that DOI is likely to be 
affected by the proceeding; and
    (ii) DOI deems the disclosure to be:
    (A) Relevant and necessary to the proceeding; and
    (B) Compatible with the purpose for which the records were 
compiled.
    (3) To any criminal, civil, or regulatory law enforcement authority 
(whether federal, state, territorial, local, tribal or foreign) when a 
record, either alone or in conjunction with other information, 
indicates a violation or potential violation of law--criminal, civil, 
or regulatory in nature, and the disclosure is compatible with the 
purpose for which the records were compiled.
    (4) To a congressional office in response to a written inquiry that 
an individual covered by the system, or the heir of such individual if 
the covered individual is deceased, has made to the office.
    (5) To an official of another federal agency to provide information 
needed in the performance of official duties related to reconciling or 
reconstructing data files or to enable that agency to respond to an 
inquiry by the individual to whom the record pertains.
    (6) To federal, state, territorial, local, tribal, or foreign 
agencies that have requested information relevant or necessary to the 
hiring, firing or retention of an employee or contractor, or the 
issuance of a security clearance, license, contract, grant or other 
benefit, when the disclosure is compatible with the purpose for which 
the records were compiled.
    (7) To representatives of the National Archives and Records 
Administration to conduct records management inspections under the 
authority of 44 U.S.C. 2904 and 2906.
    (8) To state and local governments and tribal organizations to 
provide information needed in response to court order and/or discovery 
purposes related to litigation, when the disclosure is compatible with 
the purpose for which the records were compiled.
    (9) To an expert, consultant, or contractor (including employees of 
the contractor) of DOI that performs services requiring access to these 
records on DOI's behalf to carry out the purposes of the system.
    (10) To appropriate agencies, entities, and persons when:
    (a) It is suspected or confirmed that the security or 
confidentiality of information in the system of records has been 
compromised; and
    (b) The Department has determined that as a result of the suspected 
or confirmed compromise there is a risk of harm to economic or property 
interest, identity theft or fraud, or harm to the security or integrity 
of this system or other systems or programs (whether

[[Page 19090]]

maintained by the Department or another agency or entity) that rely 
upon the compromised information; and
    (c) The disclosure is made to such agencies, entities and persons 
who are reasonably necessary to assist in connection with the 
Department's efforts to respond to the suspected or confirmed 
compromise and prevent, minimize, or remedy such harm.
    (11) To the Office of Management and Budget during the coordination 
and clearance process in connection with legislative affairs as 
mandated by OMB Circular A-19.
    (12) To the Department of the Treasury to recover debts owed to the 
United States.
    (13) To the news media when the disclosure is compatible with the 
purpose for which the records were compiled.

DISCLOSURE TO CONSUMER REPORTING AGENCIES:
    Pursuant to 5 U.S.C. 552a(b)(12), records can be disclosed to 
consumer reporting agencies as they are defined in the Fair Credit 
Reporting Act.

POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, 
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
    Within the Departmental office, manual records are stored in file 
folders in an Aisle Saver System manual storage system. An automated 
complaints management information system is used to manage and track 
the processing of complaints.

RETRIEVABILITY:
    Records are retrieved by name and employing bureau of individuals 
filing complaints, docket control number of complaints, and other 
appropriate data fields.

SAFEGUARDS:
    Access to records covered by the system will be permitted only to 
authorized personnel on a need-to-know basis in accordance with 
requirements found in the Departmental Privacy Act regulations (43 CFR 
2.51). Records are maintained in accordance with safeguards meeting the 
requirements of the Privacy Act of 1974, as amended (5 U.S.C. 552a) and 
Departmental regulations (43 CFR part 2, subpart D). Standards for the 
maintenance of records subject to the Privacy Act are described in 
Departmental regulations (43 CFR 2.48) and involve the content of the 
records, data collection practices, and the use, safeguarding, and 
disposal of personal information in the records. Automated records are 
maintained in conformance with safeguards based on recommendations of 
the National Bureau of Standards contained in ``Computer Security 
Guidelines for Implementing the Privacy Act of 1974'' (FIPS Pub.41, May 
30, 1975). They are protected through user identification, passwords, 
database permissions, and software controls. Such security measures 
establish different degrees of access levels for different types of 
users. A Privacy Impact Assessment was completed to ensure that Privacy 
Act requirements and personally identifiable information safeguard 
requirements are met. Within the Departmental office, manual records 
are stored in a locked Aisle Saver System (file unit) in a room locked 
with an off-master key. Within bureau offices, manual records are 
maintained with appropriate administrative, technical, and physical 
safeguards to insure their security and confidentiality. In all offices 
where records are handled, posted warning signs remind employees of 
access limitations, standards of conduct for employees handling Privacy 
Act records, and possible criminal penalties for violation of security 
regulations.

RETENTION AND DISPOSITION:
    Records are retained and disposed of in compliance with the 
National Archives and Records Administration's General Records Schedule 
No. 1, Item No. 26.

SYSTEM MANAGER(S) AND ADDRESSES:
    (1) Director, Office of Civil Rights, U.S. Department of the 
Interior, 1849 C Street, NW., MS-5221 MIB, Washington, DC 20240: For 
all discrimination complaints, accessibility reviews and civil rights 
compliance reviews covered by the authorities listed above under 
``Categories of Individuals Covered by the System.''
    (2) Director, Alaska State Office, Bureau of Land Management, 222 
West 7th Avenue, 13, Anchorage, Alaska 99513: For complaints 
arising under section 493 of the Trans-Alaska Pipeline Authorization 
Act (Pub. L. 93-153, 87 Stat. 576).
    (3) Associate Solicitor, Division of General Law, Office of the 
Solicitor, U.S. Department of the Interior, 1849 C Street, NW., MS-6530 
MIB, Washington, DC 20240: For complaints of discrimination arising 
under Title VII of the Civil Rights of 1964, as amended (42 U.S.C. 
2000e) and related employment-related civil rights laws and 
regulations, where the complaints are filed against the Departmental 
Office of Civil Rights.

NOTIFICATION PROCEDURES:
    Inquiries regarding the existence of records shall be addressed to 
the appropriate System Manager. The request must be in writing, signed 
by the requester, and meet the content requirements of 43 CFR 2.60.

RECORD ACCESS PROCEDURES:
    A request for access to records shall be addressed to the 
appropriate System Manager. The request must be in writing, signed by 
the requester, and meet the content requirements of 43 CFR 2.63.

CONTESTING RECORDS PROCEDURES:
    A request for an amendment of records shall be addressed to the 
appropriate System Manager. The request must be in writing, signed by 
the requester, and meet the content requirements of 43 CFR 2.71.

RECORD SOURCE CATEGORIES:
    Complainants; recipients of permits, rights-of-way, public land 
orders, or other Federal authorizations, and their agents, contractors, 
subcontractors, and employees under section 403 of the Trans-Alaska 
Pipeline Authorization Act (87 Stat. 576); administrators and 
recipients of Government funds from programs administered by the 
Department of the Interior; Federal, State, and local government 
agencies; community, minority, civil rights, and women's organizations; 
unions; Members of Congress and their staffs; bureaus and offices of 
the Department of the Interior; and confidential informants, to the 
extent they possess relevant data otherwise unavailable.

EXEMPTIONS CLAIMED FOR THE SYSTEM:
    None.
 [FR Doc. E8-7273 Filed 4-7-08; 8:45 am]
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