Privacy Act of 1974; System of Records, 1703-1704 [E9-377]
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Federal Register / Vol. 74, No. 8 / Tuesday, January 13, 2009 / Notices
complaint of discrimination with your
agency. See, e.g., 29 CFR part 1614. If
you believe that you have been the
victim of unlawful discrimination on
the basis of age, you must either contact
an EEO counselor, as noted above, or
give notice of intent to sue to the Equal
Employment Opportunity Commission
(EEOC) within 180 calendar days of the
alleged discriminatory action. If you are
alleging discrimination based on sexual
orientation, marital status, protected
genetic information or political
affiliation, you may (a) File a written
complaint with the U.S. Office of
Special Counsel (OSC) (see contact
information below) or (b) pursue a
discrimination complaint by contacting
a DHS Equal Employment Opportunity
(EEO) counselor within 45 calendar
days of the alleged discriminatory
action or (c) file a grievance through the
DHS administrative or negotiated
grievance procedures, if such
procedures apply and are available.
Whistleblower Protection Laws
A Federal employee—including a
DHS employee—with authority to take,
direct others to take, recommend or
approve any personnel action must not
use that authority to take or fail to take,
or threaten to take or fail to take, a
personnel action against an employee or
applicant because of disclosure of
information by that individual that is
reasonably believed to evidence
violations of: law, rule or regulation;
gross mismanagement; gross waste of
funds; an abuse of authority; or a
substantial and specific danger to public
health or safety, unless disclosure of
such information is specifically
prohibited by law and such information
is specifically required by Executive
Order to be kept secret in the interest of
national defense or the conduct of
foreign affairs.
Retaliation against an employee or
applicant for making a protected
disclosure is prohibited by 5 U.S.C.
2302(b)(8). If you believe you have been
the victim of whistleblower retaliation,
you may file a written complaint (Form
OSC–11) with the U.S. Office of Special
Counsel at 1730 M Street, NW., Suite
218, Washington, DC 20036–4505 or
online through the OSC Web site—
https://www.osc.gov.
Retaliation for Engaging in Protected
Activity
A Federal employee, including a DHS
employee, may not retaliate against an
employee or applicant for employment
because that individual exercises his or
her rights under any of the Federal
antidiscrimination or whistleblower
protection laws listed above. If you
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19:10 Jan 12, 2009
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believe that you are the victim of
retaliation for engaging in protected
activity, you must follow, as
appropriate, the procedures described in
the Antidiscrimination Laws and
Whistleblower Protection Laws sections
or, if applicable, the administrative or
negotiated grievance procedures in
order to pursue any legal remedy.
Disciplinary Actions
Under the existing laws, DHS retains
the right, where appropriate, to
discipline a Federal employee for
conduct that is inconsistent with
Federal Antidiscrimination and
Whistleblower Protection Laws, up to
and including removal. If OSC has
initiated an investigation under 5 U.S.C.
1214, however, according to 5 U.S.C.
1214(f), DHS must seek approval from
the Special Counsel to discipline
employees for, among other activities,
engaging in prohibited retaliation.
Nothing in the No FEAR Act alters
existing laws or permits DHS to take
unfounded disciplinary action against a
Federal employee or to violate the
procedural rights of a Federal employee
who has been accused of
discrimination.
Additional Information
For further information regarding the
No FEAR Act regulations, refer to 5 CFR
Part 724, as well as the DHS Office for
Civil Rights and Civil Liberties.
Additional information regarding
Federal antidiscrimination,
whistleblower protection and retaliation
laws can be found at the EEOC Web
site—https://www.eeoc.gov and the OSC
Web site—https://www.osc.gov.
Existing Rights Unchanged
Pursuant to section 205 of the No
FEAR Act, neither the Act nor this
notice creates, expands or reduces any
rights otherwise available to any
employee, former employee or applicant
under the laws of the United States,
including the provisions of law
specified in 5 U.S.C. 2302(d).
Daniel W. Sutherland,
Officer for Civil Rights and Civil Liberties.
[FR Doc. E9–376 Filed 1–12–09; 8:45 am]
BILLING CODE 4410–10–P
DEPARTMENT OF HOMELAND
SECURITY
Office of the Secretary
Privacy Act of 1974; System of
Records
AGENCY:
PO 00000
Privacy Office, DHS.
Frm 00042
Fmt 4703
Sfmt 4703
1703
ACTION: Notice of removal of a Privacy
Act system of records notice.
SUMMARY: In accordance with the
Privacy Act of 1974, the Department of
Homeland Security is giving notice that
it proposes to consolidate the following
Privacy Act system of records notice,
Justice/INS–025 Worksite Enforcement
Activity Record and Index, October 17,
2002, into an existing Department of
Homeland Security Immigration and
Customs Enforcement system of records
notice, External Investigations Records,
December 11, 2008.
DATES:
Effective Date: February 12,
2009.
FOR FURTHER INFORMATION CONTACT:
Hugo Teufel III, Chief Privacy Officer,
Department of Homeland Security,
Washington, DC 20528, by telephone
(703) 235–0780 or facsimile 703–483–
2999.
Pursuant
to the provisions of the Privacy Act of
1974, 5 U.S.C. 552a, and as part of its
ongoing integration and management
efforts, the Department of Homeland
Security (DHS) is giving notice that it
proposes to consolidate the following
Privacy Act system of records notice,
Justice/INS–025 Worksite Enforcement
Activity Record and Index (67 FR 64136
October 17, 2002) into an existing DHS
Immigration and Customs Enforcement
(ICE) system of records, External
Investigations Records, (73 FR 75452
December 11, 2008).
DHS inherited this records system
upon its creation in January of 2003.
Upon review of its inventory of record
systems, DHS has determined that it
should be consolidated into the existing
DHS ICE External Investigation system
of records.
Justice/INS–025 Worksite
Enforcement Activity Record and Index
was originally established to administer
and enforce the employment control
provisions of the Immigration and
Nationality Act and related criminal
statues. Additionally, the system was
used to monitor and evaluate
information contained on I–9 forms
under inspection. The data collected by
ICE pursuant to these activities are now
covered by the External Investigations
system of records.
Consolidating this system of records
notice will have no adverse impacts on
individuals, but will promote the
overall streamlining and management of
DHS Privacy Act record systems.
SUPPLEMENTARY INFORMATION:
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1704
Federal Register / Vol. 74, No. 8 / Tuesday, January 13, 2009 / Notices
Dated: January 5, 2009.
Hugo Teufel III,
Chief Privacy Officer, Department of
Homeland Security.
[FR Doc. E9–377 Filed 1–12–09; 8:45 am]
Consolidating this system of records
notice will have no adverse impacts on
individuals, but will promote the
overall streamlining and management of
DHS Privacy Act record systems.
BILLING CODE 4410–10–P
Dated: January 5, 2009.
Hugo Teufel III,
Chief Privacy Officer, Department of
Homeland Security.
[FR Doc. E9–379 Filed 1–12–09; 8:45 am]
DEPARTMENT OF HOMELAND
SECURITY
BILLING CODE 4410–10–P
Office of the Secretary
Privacy Act of 1974; System of
Records
Privacy Office, DHS.
ACTION: Notice of removal of a Privacy
Act system of records notice.
AGENCY:
In accordance with the
Privacy Act of 1974, the Department of
Homeland Security is giving notice that
it proposes to consolidate the following
Privacy Act system of records notice,
FEMA/CGC–1, August 28, 2000, into an
existing Department of Homeland
Security system of records notice, DHS/
ALL–013 Department of Homeland
Security Claims Records, October 28,
2008.
SUMMARY:
DATES:
Effective Date: February 12,
2009.
FOR FURTHER INFORMATION CONTACT:
Hugo Teufel III, Chief Privacy Officer,
Department of Homeland Security,
Washington, DC 20528, by telephone
(703) 235–0780 or facsimile 703–483–
2999.
Pursuant
to the provisions of the Privacy Act of
1974, 5 U.S.C. 552a, and as part of its
ongoing integration and management
efforts, the Department of Homeland
Security (DHS) is giving notice that it
proposes to consolidate the following
Privacy Act system of records notice,
FEMA/CGC–1 (65 FR 52116 August 28,
2000) into an existing Department of
Homeland Security system of records
notice, DHS/ALL–013 Department of
Homeland Security Claims Records (73
FR 63987 October 28, 2008).
DHS inherited this records system
upon its creation in January of 2003.
Upon review of its inventory of record
systems, DHS has determined that it
should be consolidated into DHS/ALL–
013 Department of Homeland Security
Claims Records (73 FR 63987 October
28, 2008).
DHS is consolidating FEMA/CGC–1
(65 FR 52116 August 28, 2000), Cerro
Grande Fire Assistance Claim Files.
This system was originally established
to expeditiously consider and settle
claims for injuries suffered as a result of
the Cerro Grande Fire.
SUPPLEMENTARY INFORMATION:
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19:10 Jan 12, 2009
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DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT
[Docket No. FR–5264–D–01]
Redelegation of Authority for Office of
Public and Indian Housing
AGENCY: Office of the Assistant
Secretary for Public and Indian
Housing, HUD.
ACTION: Notice to redelegate authority.
SUMMARY: Through this notice, the
Assistant Secretary for Public and
Indian Housing retains and redelegates
certain authority to the Deputy Assistant
Secretaries of the Office of Public and
Indian Housing (PIH).
DATES: Effective Date: December 24,
2008.
FOR FURTHER INFORMATION CONTACT:
Linda Bronsdon, AICP, Office of Public
and Indian Housing, Department of
Housing and Urban Development, 451
7th Street, SW., Room 4116,
Washington, DC 20410–5000, telephone
number 202–708–0713. (This is not a
toll-free number.) Hearing-or speechimpaired individuals may access this
number through TTY by calling the tollfree Federal Relay Service at 800–877–
8339.
SUPPLEMENTARY INFORMATION: Section
7(d) of the Department of Housing and
Urban Development (HUD) Act, as
amended (42 U.S.C. 3535(d)), provides
authority to the Secretary to delegate
functions, powers and duties as the
Secretary deems necessary. In the
Consolidated Delegation of Authority
for PIH, published on August 4, 2004, at
69 FR 47171, the Secretary of HUD
delegated authority to the Assistant
Secretary for PIH and authorized the
Assistant Secretary to redelegate
authority for the administration of
certain PIH programs.
Section A. Authority Redelegated
The Assistant Secretary for PIH
redelegates to Deputy Assistant
Secretaries for PIH the power and
authority of the Assistant Secretary for
PIH to administer the following:
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Fmt 4703
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1. Programs under the jurisdiction of
the Secretary that are carried out
pursuant to the authority transferred
from the Public Housing Administration
under Section 5(a) of the Department of
Housing and Urban Development Act
(42 U.S.C. 3534) as amended;
2. Each program of the Department
that is authorized pursuant to the
United States Housing Act of 1937 (1937
Act) (42 U.S.C. 1437 et seq.) as
amended, including but not limited to
the Public Housing program, Section 8
programs (except the following Section
8 Project-Based programs: New
Construction, Substantial
Rehabilitation, Loan Management SetAside and Property Disposition) and
predecessor programs that are no longer
funded but have ongoing commitments;
3. PIH programs for which assistance
is provided for or on behalf of public
housing agencies (PHAs), public
housing residents or other low-income
households; and
4. PIH programs for which assistance
is provided for or on behalf of Native
Americans, Indian tribes, Alaska Native
Villages, Native Hawaiians, tribal
entities, tribally designated housing
entities, or tribal housing resident
organizations, as defined in Section G.
Section B. Authority Excepted
The redelegation of authority to the
Deputy Assistant Secretaries does not
include any power or authority under
law specifically required of either the
Secretary of HUD or the Assistant
Secretary of PIH. Authority excepted
includes:
1. Issue or waive regulations,
including waivers pursuant to Section
982.161(c) of title 24 of the Code of
Federal Regulations which permits HUD
field offices to act on waivers of conflict
of interests. Public Housing Field Office
Directors are to not exercise this
authority;
2. Issue notices to clarify regulations;
3. Issue Notices of Funding
Availability (NOFAs), handbooks,
notices and other HUD policy
directives;
4. Waive any provision of an Annual
Contributions Contract (ACC) including
a determination of substantial breach or
default; taking possession or title of
property from a PHA; and declaring
breach or default in response to any
violation of statute or regulations;
5. Impose remedies for substantial
noncompliance with the requirements
of the Native American Housing
Assistance and Self-Determination Act
of 1996 (NAHASDA) (25 U.S.C. 4101 et
seq.) and/or its implementing
regulations; and
E:\FR\FM\13JAN1.SGM
13JAN1
Agencies
[Federal Register Volume 74, Number 8 (Tuesday, January 13, 2009)]
[Notices]
[Pages 1703-1704]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-377]
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DEPARTMENT OF HOMELAND SECURITY
Office of the Secretary
Privacy Act of 1974; System of Records
AGENCY: Privacy Office, DHS.
ACTION: Notice of removal of a Privacy Act system of records notice.
-----------------------------------------------------------------------
SUMMARY: In accordance with the Privacy Act of 1974, the Department of
Homeland Security is giving notice that it proposes to consolidate the
following Privacy Act system of records notice, Justice/INS-025
Worksite Enforcement Activity Record and Index, October 17, 2002, into
an existing Department of Homeland Security Immigration and Customs
Enforcement system of records notice, External Investigations Records,
December 11, 2008.
DATES: Effective Date: February 12, 2009.
FOR FURTHER INFORMATION CONTACT: Hugo Teufel III, Chief Privacy
Officer, Department of Homeland Security, Washington, DC 20528, by
telephone (703) 235-0780 or facsimile 703-483-2999.
SUPPLEMENTARY INFORMATION: Pursuant to the provisions of the Privacy
Act of 1974, 5 U.S.C. 552a, and as part of its ongoing integration and
management efforts, the Department of Homeland Security (DHS) is giving
notice that it proposes to consolidate the following Privacy Act system
of records notice, Justice/INS-025 Worksite Enforcement Activity Record
and Index (67 FR 64136 October 17, 2002) into an existing DHS
Immigration and Customs Enforcement (ICE) system of records, External
Investigations Records, (73 FR 75452 December 11, 2008).
DHS inherited this records system upon its creation in January of
2003. Upon review of its inventory of record systems, DHS has
determined that it should be consolidated into the existing DHS ICE
External Investigation system of records.
Justice/INS-025 Worksite Enforcement Activity Record and Index was
originally established to administer and enforce the employment control
provisions of the Immigration and Nationality Act and related criminal
statues. Additionally, the system was used to monitor and evaluate
information contained on I-9 forms under inspection. The data collected
by ICE pursuant to these activities are now covered by the External
Investigations system of records.
Consolidating this system of records notice will have no adverse
impacts on individuals, but will promote the overall streamlining and
management of DHS Privacy Act record systems.
[[Page 1704]]
Dated: January 5, 2009.
Hugo Teufel III,
Chief Privacy Officer, Department of Homeland Security.
[FR Doc. E9-377 Filed 1-12-09; 8:45 am]
BILLING CODE 4410-10-P