Privacy Act of 1974; Department of Homeland Security/ALL-029 Civil Rights and Civil Liberties Records System of Records, 38824-38829 [2010-16363]

Download as PDF 38824 Federal Register / Vol. 75, No. 128 / Tuesday, July 6, 2010 / Notices Environmental Quality Regulations for Implementing the NEPA (40 CFR parts 1500–1508), and Department of Homeland Security Directive 023–01 (renumbered from 5100.1), Environmental Planning Program of April 19, 2006. CBP will continue to announce information on exact locations and times of public meetings as well as project information through local newspapers and the project Web site: https:// www.NorthernBorderPEIS.com. In accordance with NEPA, the draft PEISs will be made available to the public for review and comment through a Notice of Availability (NOA) in the Federal Register. The NOA will provide directions for obtaining copies of the draft PEISs as well as dates and locations for any associated public participation meetings. After a public comment period on the draft PEIS, CBP will complete a final PEIS. The following Catalog of Federal Domestic Assistance Numbers (CFDA) are to be used for reporting and drawing funds: 97.030, Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis Counseling; 97.033, Disaster Legal Services; 97.034, Disaster Unemployment Assistance (DUA); 97.046, Fire Management Assistance Grant; 97.048, Disaster Housing Assistance to Individuals and Households In Presidentially Declared Disaster Areas; 97.049, Presidentially Declared Disaster Assistance— Disaster Housing Operations for Individuals and Households; 97.050 Presidentially Declared Disaster Assistance to Individuals and Households—Other Needs; 97.036, Disaster Grants—Public Assistance (Presidentially Declared Disasters); 97.039, Hazard Mitigation Grant. Dated: June 30, 2010. Gregory Giddens, Executive Director, Facilities Management and Engineering, Office of Administration. DEPARTMENT OF HOMELAND SECURITY [FR Doc. 2010–16392 Filed 7–2–10; 8:45 am] [Docket No. DHS–2009–0112] W. Craig Fugate, Administrator, Federal Emergency Management Agency. [FR Doc. 2010–16245 Filed 7–2–10; 8:45 am] BILLING CODE 9111–23–P Office of the Secretary BILLING CODE 9111–14–P Privacy Act of 1974; Department of Homeland Security/ALL—029 Civil Rights and Civil Liberties Records System of Records DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency ACTION: [Internal Agency Docket No. FEMA–1900– DR; Docket ID FEMA–2010–0002] Minnesota; Amendment No. 4 to Notice of a Major Disaster Declaration AGENCY: Federal Emergency Management Agency, DHS. ACTION: Notice. SUMMARY: This notice amends the notice of a major disaster declaration for the State of Minnesota (FEMA–1900–DR), dated April 19, 2010, and related determinations. DATES: Effective Date: June 29, 2010. wwoods2 on DSK1DXX6B1PROD with NOTICES_PART 1 FOR FURTHER INFORMATION CONTACT: Peggy Miller, Recovery Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472, (202) 646–3886. SUPPLEMENTARY INFORMATION: The notice of a major disaster declaration for the State of Minnesota is hereby amended to include the following area among those areas determined to have been adversely affected by the event declared a major disaster by the President in his declaration of April 19, 2010. Nicollet County for Public Assistance. VerDate Mar<15>2010 14:52 Jul 02, 2010 Jkt 220001 Privacy Office, DHS. Notice of Privacy Act system of AGENCY: records. SUMMARY: In accordance with the Privacy Act of 1974, the Department of Homeland Security proposes to update and reissue a Department of Homeland Security system of records titled, ‘‘Department of Homeland Security Office for Civil Rights and Civil Liberties—001 Matters System of Records,’’ January 6, 2004. The system name is being changed to, ‘‘Department of Homeland Security/ALL—029 Civil Rights and Civil Liberties Records System of Records.’’ This name change, along with other changes to the system, are made to capture the expansion of the overall system of records to include both the Department Office for Civil Rights and Civil Liberties, as well as all component offices that perform civil rights and civil liberties functions, and staff of components who do not have a designated civil rights and civil liberties office but who do perform related civil rights and civil liberties functions (collectively referred to as ‘‘civil rights and civil liberties staff’’). The Department’s civil rights and civil liberties staff advise Departmental and/ or component leadership, personnel, PO 00000 Frm 00061 Fmt 4703 Sfmt 4703 and partners about civil rights and civil liberties issues, ensuring respect for civil rights and civil liberties in policy decisions and implementation of those decisions. Civil rights and civil liberties staff also review and assess information concerning abuses of civil rights, civil liberties, such as profiling on the basis of race, ethnicity, or religion, by employees and officials of the Department of Homeland Security. The Department’s civil rights and civil liberties staff also ensure that all federally-assisted and federallyconducted programs or activities of the Department comply with the provisions of Title VI of the Civil Rights Act of 1964. The Department’s civil rights and civil liberties staff investigate complaints, including: allegations that individuals acted under color of law or otherwise abused their authority; discrimination; profiling; violations of the confidentiality provisions of the Violence Against Women Act; conditions of detention; treatment; due process; and watch list issues. As a result of the biennial review of this system, updates have been made to change the system name to ‘‘Department of Homeland Security/ALL—029 Civil Rights and Civil Liberties Records System of Records’’ to reflect that the system is a Department-wide system of records, as well as updates to the: categories of records; routine uses; retention and disposal; and Privacy Act exemptions. Exclusion is made from this system for Office of Inspector General records relating to civil rights and civil liberties. Office of Inspector General records are covered by Department of Homeland Security/Office of Inspector General— 002 Investigative Records System of Records, October 28, 2009. This updated system will continue to be included in the Department of Homeland Security’s inventory of record systems. DATES: Submit comments on or before August 5, 2010. This new system will be effective August 5, 2010. ADDRESSES: You may submit comments, identified by docket number [DHS– 2009–0112] by one of the following methods: • Federal e-Rulemaking Portal: https://www.regulations.gov. Follow the instructions for submitting comments. • Fax: 703–483–2999. • Mail: Mary Ellen Callahan, Chief Privacy Officer, Privacy Office, Department of Homeland Security, Washington, DC 20528. • Instructions: All submissions received must include the agency name and docket number for this rulemaking. E:\FR\FM\06JYN1.SGM 06JYN1 Federal Register / Vol. 75, No. 128 / Tuesday, July 6, 2010 / Notices wwoods2 on DSK1DXX6B1PROD with NOTICES_PART 1 All comments received will be posted without change to https:// www.regulations.gov, including any personal information provided. • Docket: For access to the docket to read background documents or comments received go to https:// www.regulations.gov. FOR FURTHER INFORMATION CONTACT: For general questions please contact: For Headquarters: Complaints Manager (202–357–8178), Office for Civil Rights and Civil Liberties, Department of Homeland Security, 1201 New York Avenue, NW., Washington DC 20528. For components of DHS, the System Manager can be found at https:// www.dhs.gov/foia under ‘‘contacts.’’ For privacy issues please contact: Mary Ellen Callahan (703–235–0780), Chief Privacy Officer, Privacy Office, Department of Homeland Security, Washington, DC 20528. SUPPLEMENTARY INFORMATION: I. Background The Department of Homeland Security’s (DHS) civil rights and civil liberties staff, including components, as well as staff of components who do not have a designated civil rights and civil liberties office, but who do perform related functions (civil rights and civil liberties staff), rely on the DHS/Civil Rights and Civil Liberties (CRCL)–001 Matters System of Records (69 FR 70464, December 6, 2004) and other component specific systems of records, for the collection and maintenance of records that concern the Department’s civil rights and civil liberties records. The system name is being changed to ‘‘DHS/ALL–029 Civil Rights and Civil Liberties Records System of Records’’ to reflect that the system is a Departmentwide system of records and that all DHS civil rights and civil liberties records will now be covered by the DHS/ALL– 029 Civil Rights and Civil Liberties Records System of Records. This name change, along with other changes to the system, are made to capture the expansion of the overall system of records including the Department’s CRCL Office, as well as component civil rights and civil liberties staff, staff of components who do not have a designated civil rights and civil liberties office but who do perform related functions, and to meet investigative and reporting responsibilities related to civil rights and civil liberties. The DHS/ALL– 029 Civil Rights and Civil Liberties Records System of Records is the baseline system for civil rights and civil liberties activities, as led by the DHS Officer for Civil Rights and Civil Liberties, for the Department. VerDate Mar<15>2010 14:52 Jul 02, 2010 Jkt 220001 Civil rights and civil liberties complaints are initially reviewed to determine if the Department has jurisdiction over the alleged complaint. If the Department has jurisdiction and accepts the complaint, basic information about the case is maintained and processed within the DHS/ALL–029 Civil Rights and Civil Liberties Records System of Records. Information in this system may include, but is not limited to: Name; social security number or other identifier; address; phone number; alien registration number and other identifying data as may be necessary to review the complaint. If the complainant provides more personally identifiable information (PII) than is necessary, the information is not captured, but may remain in the paper file as information provided by the complainant. Civil rights and civil liberties records may be referred to the Office of Inspector General (OIG) for handling under the Inspector General Act of 1978, as amended. The OIG decides whether it will pursue the case, or decline to investigate it and refer it back to CRCL or component civil rights and civil liberties office, staff of components who do not have a designated civil rights and civil liberties office, but who do perform related functions, for appropriate action. Any resulting OIG records are excluded from this system and are part of the DHS/OIG–002 Investigative Records System of Records (74 FR 55569, October 28, 2009). The data collected in component civil rights and civil liberties offices or by staff of components who do not have a designated civil rights and civil liberties office, but who do perform related functions, are part of this system of records and are managed on a component by component basis and may or may not be reviewed or maintained by the CRCL Office. Component civil rights and civil liberties offices, and staff of components who do not have a designated civil rights and civil liberties office, but who do perform related functions, may consult and advise the CRCL Office on civil rights and civil liberties issues within the component, but are handled at the component level unless formally elevated to the CRCL Office. The purpose of this system is to allow the DHS Officer for Civil Rights and Civil Liberties, component civil rights and civil liberties staff, and staff of components who do not have a designated civil rights and civil liberties office but who do perform related functions, to maintain relevant information necessary to review complaints or comments about alleged PO 00000 Frm 00062 Fmt 4703 Sfmt 4703 38825 civil rights or civil liberties violations, or racial, ethnic, or religious profiling related to the Department’s activities. The system will also track and maintain investigative files and records of complaint resolution and other issues, and facilitate oversight and accountability of the Department’s civil rights and civil liberties complaint resolution mechanisms. DHS is authorized to implement this program primarily through 6 U.S.C. 345; 5 U.S.C. 301; 49 U.S.C. 114; 44 U.S.C. 3101; section 803 of Public Law 110–53; E.O. 12958, as amended. This system has an effect on individual privacy that is balanced by the need to address civil rights and civil liberties issues and matters within the Department. Risk is mitigated by limiting access to civil rights and civil liberties staff and other officials who need the information in the course of performing their duties. Routine uses contained in this notice include sharing with the Department of Justice (DOJ) for legal advice and representation; to a congressional office at the request of an individual; to the National Archives and Records Administration (NARA) for records management; to contractors in support of their contract assignment to DHS; to federal, state, local and other governmental partners to enforce and prosecute laws and regulations; to agencies, organizations or individuals for the purpose of audit; to agencies, entities, or persons during a security or information compromise or risk, to another federal agency for labor and employment relations; to an agency, organization, or individual when there could potentially be a risk to an individual; to former employees of the Department while responding to inquiries; to the Office of Management and Budget (OMB), DOJ or other agencies for advice; to other agencies or organizations for redress; to the Department of Transportation (DOT) and its operating administrations for Transportation Security Administration (TSA) records and functions; and to the news media in the interest of the public. A review of this system is being conducted to determine if the system of records collects information under the Paperwork Reduction Act. As a result of the biennial review of this system, updates have been made to change the system name to ‘‘Department of Homeland Security/ALL–029 Civil Rights and Civil Liberties Records System of Records’’ to reflect that the system is a Department-wide system of records; categories of records to reflect the addition of social security number; routine uses to reflect the addition of E:\FR\FM\06JYN1.SGM 06JYN1 38826 Federal Register / Vol. 75, No. 128 / Tuesday, July 6, 2010 / Notices sharing with the DOT for legacy TSA records; retention and disposal to reflect the NARA retention and disposal policy and description; and the addition of exemption (k)(3) under the Privacy Act to include records at the U.S. Secret Service in conjunction with the protection of the President of the United States. Exclusion is made from this system for Office of Inspector General records relating to civil rights and civil liberties. Office of Inspector General records are covered by DHS/OIG–002 Investigative Records System of Records, October 28, 2009. This updated system will continue to be included in the Department of Homeland Security’s inventory of record systems. wwoods2 on DSK1DXX6B1PROD with NOTICES_PART 1 II. 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 individuals’ records. 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 for which information is retrieved by the name of an individual or by some identifying number, symbol, or other identifying particular assigned to the individual. In the Privacy Act, an individual is defined to encompass United States citizens and lawful permanent residents. As a matter of policy, DHS extends administrative Privacy Act protections to all individuals where systems of records maintain information on U.S. citizens, lawful permanent residents, and visitors. Individuals may request access to 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 denoting 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 record keeping practices transparent, to notify individuals regarding the uses to which their records are put, and to assist individuals to more easily find such files within the agency. Below is the description of the DHS/ALL–029 Civil Rights and Civil Liberties Records System of Records. In accordance with 5 U.S.C. 552a(r), DHS has provided a report of this VerDate Mar<15>2010 14:52 Jul 02, 2010 Jkt 220001 system of records to OMB and to Congress. System of Records DHS/ALL–029 SYSTEM NAME: Department of Homeland Security/ ALL–029 Civil Rights and Civil Liberties Records System of Records. SECURITY CLASSIFICATION: Unclassified, sensitive, and classified. SYSTEM LOCATION: Records are maintained at the Department Office for Civil Rights and Civil Liberties (CRCL), component civil rights and civil liberties offices, and within offices of a component that does not have a designated civil rights and civil liberties office, but these functions are dispersed within other offices of the component, in Washington, DC and field locations. CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM: Categories of individuals covered by this system include: Persons who contact the CRCL or component civil rights and civil liberties staff, to allege abuses of civil rights and civil liberties, or to allege racial, ethnic, or religious profiling by DHS, its employees, contractors, grantees, or others acting under the authority of the Department; persons alleged to be involved in civil rights or civil liberties abuses or racial, ethnic, or religious profiling, victims or witnesses to such abuse; third parties not directly involved in the alleged incident, but identified as relevant persons to an investigation; and DHS employees and contractors. CATEGORIES OF RECORDS IN THE SYSTEM: Categories of records in the system include: Information relating to allegations of abuses of civil rights, civil liberties, and racial, ethnic, and religious profiling by Department employees and officials will be collected, as well as similar allegations relating to persons or entities under Department control (such as contractors or programs). Basic information about complainants will be collected, including, but not limited to: • Complainant’s name; • Complainant’s home and work mailing address; • Complainant’s home, cell and work telephone and fax numbers; • Complainant’s home and work email address; • Complainant’s social security number or alien registration number, if necessary and appropriate; PO 00000 Frm 00063 Fmt 4703 Sfmt 4703 • Name of representative filing a claim on behalf of a complainant; • Allegation occurrence date and time; • Allegation facility name and location; • DHS component referenced; • Information on a complainant’s country of origin/race/religion (CRCL does not solicit this information, it is tracked if individuals provide it); • Allegation details, primary and secondary issues, and primary and secondary basis; • Other information that may appear in the system or in the file folder on a case-by-case basis might include: Æ Photographic facial images; Æ Bank account numbers; Æ Vehicle license plate information; and Æ Civil or criminal history information. • Paper investigative files and documents depending on the particular investigation, but may include: Æ Letters, memoranda, and other documents alleging abuses of civil rights, civil liberties, and profiling from complainants; Æ Internal letters, memoranda, and other communications within DHS; Æ Results of an investigation of allegations; Æ Transcripts, interview notes, investigative notes; Æ Documentation concerning requests for additional information needed to complete the investigation; Æ Medical records; Æ Copy of passport; Æ Evidentiary documents and material, comments, and reports relating to the alleged abuses and to the resolution of the complaint; and Æ Similar information regarding witnesses, persons involved in the alleged incident, or any other persons with relevant information regarding the alleged abuses may also be collected. AUTHORITY FOR MAINTENANCE OF THE SYSTEM: 6 U.S.C. 345; 5 U.S.C. 301; 49 U.S.C. 114; 44 U.S.C. 3101; section 803 of Public Law 110–53; E.O. 12958, as amended. PURPOSE(S): The purpose of this system is to allow CRCL, component civil rights and civil liberties staff, and staff of components who do not have a designated civil rights and civil liberties office, but who do perform related functions, to maintain relevant information necessary to review complaints or comments about alleged civil rights or civil liberties violations, including racial, ethnic, or religious profiling related to E:\FR\FM\06JYN1.SGM 06JYN1 Federal Register / Vol. 75, No. 128 / Tuesday, July 6, 2010 / Notices the Department’s activities. The system will also track and maintain investigative files and records of complaint resolution and other issues, and facilitate oversight and accountability of the Department’s civil rights and civil liberties complaint resolution mechanisms. wwoods2 on DSK1DXX6B1PROD with NOTICES_PART 1 ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES OF USERS AND THE PURPOSES OF SUCH USES: In addition to those disclosures generally permitted under 5 U.S.C. 552a(b) of the Privacy Act, all or a portion of the records or information contained in this system may be disclosed outside DHS as a routine use pursuant to 5 U.S.C. 552a(b)(3) as follows: A. To the Department of Justice (DOJ), (including United States Attorney Offices, or other federal agency conducting litigation or in proceedings before any court, adjudicative or administrative body, when it is necessary to the litigation and one of the following is a party to the litigation or has an interest in such litigation: 1. DHS or any component thereof; 2. any employee of DHS in his/her official capacity; 3. any employee of DHS in his/her individual capacity where DOJ or DHS has agreed to represent the employee; or 4. the United States or any agency thereof, is a party to the litigation or has an interest in such litigation, and DHS determines that the records are both relevant and necessary to the litigation and the use of such records is compatible with the purpose for which DHS collected the records. B. To a congressional office from the record of an individual in response to an inquiry from that congressional office made at the request of the individual to whom the record pertains. C. To the National Archives and Records Administration (NARA) or other federal government agencies pursuant to records management inspections being conducted under the authority of 44 U.S.C. 2904 and 2906. D. To an agency, organization, or individual for the purpose of performing audit or oversight operations as authorized by law, but only such information as is necessary and relevant to such audit or oversight function. E. To appropriate agencies, entities, and persons when: 1. DHS suspects or has confirmed that the security or confidentiality of information in the system of records has been compromised; 2. The Department has determined that as a result of the suspected or confirmed compromise there is a risk of VerDate Mar<15>2010 14:52 Jul 02, 2010 Jkt 220001 harm to economic or property interests, identity theft or fraud, or harm to the security or integrity of this system or other systems or programs (whether maintained by DHS or another agency or entity) or harm to the individual that rely upon the compromised information; and 3. The disclosure made to such agencies, entities, and persons is reasonably necessary to assist in connection with DHS’s efforts to respond to the suspected or confirmed compromise and prevent, minimize, or remedy such harm. F. To contractors and their agents, grantees, experts, consultants, and others performing or working on a contract, service, grant, cooperative agreement, or other assignment for DHS, when necessary to accomplish an agency function related to this system of records. Individuals provided information under this routine use is subject to the same Privacy Act requirements and limitations on disclosure as are applicable to DHS officers and employees. G. To an appropriate federal, state, tribal, local, international, or foreign law enforcement agency or other appropriate authority charged with investigating or prosecuting a violation or enforcing or implementing a law, rule, regulation, or order, where a record, either on its face or in conjunction with other information, indicates a violation or potential violation of law, which includes criminal, civil, or regulatory violations and such disclosure is proper and consistent with the official duties of the person making the disclosure. H. To another federal agency with responsibility for labor or employment relations or other issues, including Equal Employment Opportunity issues, when that agency has jurisdiction over issues reported to CRCL, or component civil rights and civil liberties staff, and staff of components who do not have a designated civil rights and civil liberties office, but who do perform related functions. I. To an organization or individual in either the public or private sector, either foreign or domestic, where there is a reason to believe that the recipient is or could become the target of a particular terrorist activity or conspiracy, to the extent the information is relevant to the protection of life or property. J. To a former employee of the Department for purposes of responding to an official inquiry by a federal, state, or local government entity or professional licensing authority, in accordance with applicable Department regulations; or facilitating communications with a former PO 00000 Frm 00064 Fmt 4703 Sfmt 4703 38827 employee that may be necessary for personnel-related or other official purposes where the Department requires information and/or consultation assistance from the former employee regarding a matter within that person’s former area of responsibility. K. To the Office of Management and Budget (OMB), the DOJ, or the Office of Special Counsel (OSC), to obtain advice regarding statutory and other requirements related to civil rights and civil liberties. L. To a federal, state, territorial, tribal, local, international, or foreign government agency or entity for the purpose of consulting with that agency or entity: 1. To assist in making a determination regarding redress for an individual in connection with the operations of a DHS component or program; 2. for the purpose of verifying the identity of an individual seeking redress in connection with the operations of a DHS component or program; or 3. for the purpose of verifying the accuracy of information submitted by an individual who has requested such redress on behalf of another individual. M. To a federal agency or entity that furnished a record or information for the purpose of permitting that agency or entity to make a decision regarding access to or correction of the record or information or to a federal agency or entity that has information relevant to the redress request for purposes of obtaining guidance, additional information, or advice from such federal agency or entity regarding the handling of this particular redress request. N. To third parties lawfully authorized in connection with a federal government program, which is authorized by law, regulation, or rule, but only the information necessary and relevant to effectuate or to carry out a particular redress result for an individual and disclosure is appropriate to enable these third parties to carry out their responsibilities related to the federal government program, such as when the name and appropriate associated information about an individual who has been cleared and distinguished from a known or suspected threat to aviation security, is shared with the airlines to prevent future delays and disruptions for that individual while traveling. O. To the Department of Transportation (DOT) and its operating administrations when relevant or necessary to (1) ensure safety and security in any mode of transportation; (2) enforce safety- and security-related regulations and requirements; (3) assess and distribute intelligence or law E:\FR\FM\06JYN1.SGM 06JYN1 38828 Federal Register / Vol. 75, No. 128 / Tuesday, July 6, 2010 / Notices enforcement information related to transportation security; (4) assess and respond to threats to transportation; (5) oversee the implementation and ensure the adequacy of security measures at airports and other transportation facilities; (6) plan and coordinate any actions or activities that may affect transportation safety and security or the operations of transportation operators; or (7) the issuance, maintenance, or renewal of a license, certificate, contract, grant, or other benefit. P. To the news media and the public, with the approval of the Chief Privacy Officer in consultation with counsel, when there exists a legitimate public interest in the disclosure of the information or when disclosure is necessary to preserve confidence in the integrity of DHS or is necessary to demonstrate the accountability of DHS’s officers, employees, or individuals covered by the system, except to the extent it is determined that release of the specific information in the context of a particular case would constitute an unwarranted invasion of personal privacy. POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, AND DISPOSING OF RECORDS IN THE SYSTEM: accordance with the component’s related record disposition schedule. CRCL will maintain a reference copy containing the original complaint, all related and relevant documents, and the component’s memorandum of resolution in accordance with records schedule N1–563–07–6, b.1 and will destroy or delete seven years after resolution or closure of the case. Retained issues are either maintained by CRCL because of the significance of the issue, which may result in policy change, or issues retuned from the component for resolution in accordance with N1–563–07–6, b.2 and will destroy or delete seventy-five years after resolution or closure of the case. Significant case files involve allegations made against senior DHS officials; attract national media or congressional attention; present significant or novel questions of law or policy; and result in substantive changes in DHS policies and procedures. Significant case files will be selected by the Headquarters and component civil rights and civil liberties offices based on these criteria. In accordance with N1–563–07–6, b.3 records are maintained through the end of fiscal year in which the significant case file is closed. Records are transferred to NARA five years after the case is closed according to NARA transfer guidance and regulations. STORAGE: Records in this system are stored electronically or on paper in secure facilities in a locked drawer behind a locked door. The records are stored on magnetic disc, tape, digital media, and CD–ROM. SYSTEM MANAGER AND ADDRESS: For DHS: Complaints Manager (202– 357–8178), Office for Civil Rights and Civil Liberties, Department of Homeland Security, 1201 New York Avenue, NW., Washington, DC 20528. For components of DHS, the System Manager can be found at https:// www.dhs.gov/foia under ‘‘contacts.’’ DISCLOSURE TO CONSUMER REPORTING AGENCIES: None. RETRIEVABILITY: Records may be retrieved by name, incident code, social security number or other unique personal identifier. wwoods2 on DSK1DXX6B1PROD with NOTICES_PART 1 SAFEGUARDS: Records in this system are safeguarded in accordance with applicable rules and policies, including all applicable DHS automated systems security and access policies. Strict controls have been imposed to minimize the risk of compromising the information that is stored. Access to the computer system containing the records in this system is limited to those individuals who have a need to know the information for the performance of their official duties and who have appropriate clearances or permissions. RETENTION AND DISPOSAL: Referred issues are sent to DHS components for resolution. Components will maintain the record copy in VerDate Mar<15>2010 14:52 Jul 02, 2010 Jkt 220001 NOTIFICATION PROCEDURE: The Secretary of Homeland Security has exempted this system from the notification, access, and amendment procedures of the Privacy Act because it is a law enforcement system. However, CRCL, component civil rights and civil liberties offices, and staff of components who do not have a designated civil rights and civil liberties office but who do perform related functions, will consider individual requests to determine whether or not information may be released. Thus, individuals seeking notification of and access to any record contained in this system of records, or seeking to contest its content, may submit a request in writing to the CRCL FOIA Officer, whose contact information can be found at https://www.dhs.gov/foia under ‘‘contacts.’’ If an individual believes PO 00000 Frm 00065 Fmt 4703 Sfmt 4703 more than one component maintains Privacy Act records concerning him or her the individual may submit the request to the Chief Privacy Officer and Chief Freedom of Information Act Officer, Department of Homeland Security, 245 Murray Drive, SW., Building 410, STOP–0655, Washington, DC 20528. When seeking records about yourself from this system of records or any other Departmental system of records your request must conform with the Privacy Act regulations set forth in 6 CFR part 5. You must first verify your identity, meaning that you must provide your full name, current address and date and place of birth. You must sign your request, and your signature must either be notarized or submitted under 28 U.S.C. 1746, a law that permits statements to be made under penalty of perjury as a substitute for notarization. While no specific form is required, you may obtain forms for this purpose from the Chief Privacy Officer and Chief Freedom of Information Act Officer, https://www.dhs.gov or 1–866–431–0486. In addition you should provide the following: • An explanation of why you believe the Department would have information on you; • Identify which component(s) of the Department you believe may have the information about you; • Specify when you believe the records would have been created; • Provide any other information that will help the FOIA staff determine which DHS component agency may have responsive records; and • If your request is seeking records pertaining to another living individual, you must include a statement from that individual certifying his/her agreement for you to access his/her records. Without this bulleted information the component(s) may not be able to conduct an effective search, and your request may be denied due to lack of specificity or lack of compliance with applicable regulations. RECORD ACCESS PROCEDURES: See ‘‘Notification procedure’’ above. CONTESTING RECORD PROCEDURES: See ‘‘Notification procedure’’ above. RECORD SOURCE CATEGORIES: Information is collected from individuals who file complaints, eyewitnesses, third parties, DHS employees and/or contractors, illegal aliens involved in the circumstances that gave rise to the complaint, open sources such as non-fee internet sources and newspapers, and other entities with E:\FR\FM\06JYN1.SGM 06JYN1 Federal Register / Vol. 75, No. 128 / Tuesday, July 6, 2010 / Notices information pertinent to the matter under investigation. The information is received via correspondence, telephone calls, e-mails, and facsimiles. EXEMPTIONS CLAIMED FOR THE SYSTEM: The Secretary of Homeland Security proposes to exempt certain portions of this system relating to ongoing investigations and national security activities 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). Dated:May 13, 2010. Mary Ellen Callahan, Chief Privacy Officer, Department of Homeland Security. [FR Doc. 2010–16363 Filed 7–2–10; 8:45 am] BILLING CODE 9110–9B–P DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT [Docket No. FR–5376–N–57] Notice of Submission of Proposed Information Collection to OMB; Emergency Comment Request; HUD NEPA ARRA SECTION 1609 (c) Reporting AGENCY: Office of the Chief Information Officer. ACTION: Notice of proposed information collection. The proposed information collection requirement described below has been submitted to the Office of Management and Budget (OMB) for emergency review and approval, as required by the Paperwork Reduction Act. The Department is soliciting public comments on the subject proposal. Grantees who receive ARRA funding projects must report on the status and progress of their projects and activities with respect to compliance with the National Environmental Policy Act (NEPA) requirements and documentation. HUD consolidates and transmits the information received from grantees to the Council on Environmental Quality and OMB for the Administration’s reports to the House and Senate committees designated in the legislation. Two additional questions covering why the review has taken so long and when the review is likely to be completed will be asked in HUD’s new electronic data collection system—Recovery Act Management System (RAMPS). DATES: July 9, 2010. wwoods2 on DSK1DXX6B1PROD with NOTICES_PART 1 SUMMARY: VerDate Mar<15>2010 14:52 Jul 02, 2010 Jkt 220001 Interested persons are invited to submit comments regarding this proposal. Comments must be received within three days from the date of this Notice. Comments should refer to the proposal by name/or OMB approval number and should be sent to: HUD Desk Officer, Office of Management and Budget, New Executive Office Building, Washington, DC 20503; e-mail: OIRA_Submission @omb.eop.gov; fax: (202) 395–5806. FOR FURTHER INFORMATION CONTACT: Leroy McKinney, Jr., Departmental Reports Management Officer, QDAM, Department of Housing and Urban Development, 451 7th Street, SW., Room 4178, Washington, DC 20410– 5000; telephone 202–402–8048, (this is not a toll-free number) or e-mail Mr. McKinney at Leroy.McKinneyJr@hud.gov for a copy of the proposed forms, or other available information. Copies of available documents submitted to OMB may be obtained from Mr. McKinney or @ https://www.reginfo.gov/public/do/ PRAMain. SUPPLEMENTARY INFORMATION: This notice informs the public that the Department of Housing and Urban Development has submitted to OMB a request for approval of the information collection described below. This notice is soliciting comments from members of the public and affecting agencies concerning the proposed collection of information to: (1) Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; (2) Evaluate the accuracy of the agency’s estimate of the burden of the proposed collection of information; (3) Enhance the quality, utility, and clarity of the information to be collected; and (4) Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated collection techniques or other forms of information technology, e.g., permitting electronic submission of responses. Title of Proposed Notice: HUD NEPA ARRA SECTION 1609(c) Reporting. OMB Approval Number: 2506–0187. Agency Form Numbers: None. Description of the Need for the Information and Its Proposed Use: Grantees who receive ARRA funding for projects must report on the status and progress of their projects and activities with respect to compliance with the National Environmental Policy Act (NEPA) requirements and documentation. HUD consolidates and ADDRESSES: PO 00000 Frm 00066 Fmt 4703 Sfmt 4703 38829 transmits the information received from grantees to the Council on Environmental Quality and OMB for the Administration’s reports to the House and Senate committees designated in the legislation. Frequency of Submission: Quarterly. The estimated number of respondents is 6000; the frequency of response is 4 per year; 2 hours per response, for burden hours of 12,000. Total Estimated Burden Hours: 12,000. Status: Revision of a currently approved collection. Authority: The Paperwork Reduction Act of 1995, 44 U.S.C. Chapter 35, as amended. Dated: June 29, 2010. Leroy McKinney, Jr., Departmental Reports Management Officer, Office of the Chief Information Officer. [FR Doc. 2010–16311 Filed 7–2–10; 8:45 am] BILLING CODE 4210–67–P DEPARTMENT OF THE INTERIOR Bureau of Land Management [LLWO320000L1320000.PP; OMB Control Number 1004–0132] Renewal of Approved Information Collection AGENCY: Bureau of Land Management, Interior. ACTION: 30-Day Notice and request for comments. SUMMARY: The Bureau of Land Management (BLM) has submitted an information collection request to the Office of Management and Budget (OMB) for a 3-year renewal of OMB Control Number 1004–0132 under the Paperwork Reduction Act. This control number includes paperwork requirements in 43 CFR parts 3200 and 3280, which cover management of Federal geothermal resources. DATES: The OMB is required to respond to this information collection request within 60 days but may respond after 30 days. Therefore, written comments should be received on or before August 5, 2010. ADDRESSES: Submit comments directly to the Desk Officer for the Department of the Interior (OMB #1004–0132), Office of Management and Budget, Office of Information and Regulatory Affairs, fax 202–395–5806, or by electronic mail at oira_docket@omb.eop.gov. Please mail a copy of your comments to: Bureau Information Collection Clearance Officer (WO–630), Department of the Interior, 1849 C Street, NW., Mail Stop 401 LS, E:\FR\FM\06JYN1.SGM 06JYN1

Agencies

[Federal Register Volume 75, Number 128 (Tuesday, July 6, 2010)]
[Notices]
[Pages 38824-38829]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-16363]


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DEPARTMENT OF HOMELAND SECURITY

Office of the Secretary

[Docket No. DHS-2009-0112]


Privacy Act of 1974; Department of Homeland Security/ALL--029 
Civil Rights and Civil Liberties Records System of Records

AGENCY: Privacy Office, DHS.

ACTION: Notice of Privacy Act system of records.

-----------------------------------------------------------------------

SUMMARY: In accordance with the Privacy Act of 1974, the Department of 
Homeland Security proposes to update and reissue a Department of 
Homeland Security system of records titled, ``Department of Homeland 
Security Office for Civil Rights and Civil Liberties--001 Matters 
System of Records,'' January 6, 2004. The system name is being changed 
to, ``Department of Homeland Security/ALL--029 Civil Rights and Civil 
Liberties Records System of Records.'' This name change, along with 
other changes to the system, are made to capture the expansion of the 
overall system of records to include both the Department Office for 
Civil Rights and Civil Liberties, as well as all component offices that 
perform civil rights and civil liberties functions, and staff of 
components who do not have a designated civil rights and civil 
liberties office but who do perform related civil rights and civil 
liberties functions (collectively referred to as ``civil rights and 
civil liberties staff''). The Department's civil rights and civil 
liberties staff advise Departmental and/or component leadership, 
personnel, and partners about civil rights and civil liberties issues, 
ensuring respect for civil rights and civil liberties in policy 
decisions and implementation of those decisions. Civil rights and civil 
liberties staff also review and assess information concerning abuses of 
civil rights, civil liberties, such as profiling on the basis of race, 
ethnicity, or religion, by employees and officials of the Department of 
Homeland Security. The Department's civil rights and civil liberties 
staff also ensure that all federally-assisted and federally-conducted 
programs or activities of the Department comply with the provisions of 
Title VI of the Civil Rights Act of 1964. The Department's civil rights 
and civil liberties staff investigate complaints, including: 
allegations that individuals acted under color of law or otherwise 
abused their authority; discrimination; profiling; violations of the 
confidentiality provisions of the Violence Against Women Act; 
conditions of detention; treatment; due process; and watch list issues.
    As a result of the biennial review of this system, updates have 
been made to change the system name to ``Department of Homeland 
Security/ALL--029 Civil Rights and Civil Liberties Records System of 
Records'' to reflect that the system is a Department-wide system of 
records, as well as updates to the: categories of records; routine 
uses; retention and disposal; and Privacy Act exemptions.
    Exclusion is made from this system for Office of Inspector General 
records relating to civil rights and civil liberties. Office of 
Inspector General records are covered by Department of Homeland 
Security/Office of Inspector General--002 Investigative Records System 
of Records, October 28, 2009.
    This updated system will continue to be included in the Department 
of Homeland Security's inventory of record systems.

DATES: Submit comments on or before August 5, 2010. This new system 
will be effective August 5, 2010.

ADDRESSES: You may submit comments, identified by docket number [DHS-
2009-0112] by one of the following methods:
     Federal e-Rulemaking Portal: https://www.regulations.gov. 
Follow the instructions for submitting comments.
     Fax: 703-483-2999.
     Mail: Mary Ellen Callahan, Chief Privacy Officer, Privacy 
Office, Department of Homeland Security, Washington, DC 20528.
     Instructions: All submissions received must include the 
agency name and docket number for this rulemaking.

[[Page 38825]]

All comments received will be posted without change to https://www.regulations.gov, including any personal information provided.
     Docket: For access to the docket to read background 
documents or comments received go to https://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: For general questions please contact: 
For Headquarters: Complaints Manager (202-357-8178), Office for Civil 
Rights and Civil Liberties, Department of Homeland Security, 1201 New 
York Avenue, NW., Washington DC 20528. For components of DHS, the 
System Manager can be found at https://www.dhs.gov/foia under 
``contacts.'' For privacy issues please contact: Mary Ellen Callahan 
(703-235-0780), Chief Privacy Officer, Privacy Office, Department of 
Homeland Security, Washington, DC 20528.

SUPPLEMENTARY INFORMATION:

I. Background

    The Department of Homeland Security's (DHS) civil rights and civil 
liberties staff, including components, as well as staff of components 
who do not have a designated civil rights and civil liberties office, 
but who do perform related functions (civil rights and civil liberties 
staff), rely on the DHS/Civil Rights and Civil Liberties (CRCL)-001 
Matters System of Records (69 FR 70464, December 6, 2004) and other 
component specific systems of records, for the collection and 
maintenance of records that concern the Department's civil rights and 
civil liberties records. The system name is being changed to ``DHS/ALL-
029 Civil Rights and Civil Liberties Records System of Records'' to 
reflect that the system is a Department-wide system of records and that 
all DHS civil rights and civil liberties records will now be covered by 
the DHS/ALL-029 Civil Rights and Civil Liberties Records System of 
Records. This name change, along with other changes to the system, are 
made to capture the expansion of the overall system of records 
including the Department's CRCL Office, as well as component civil 
rights and civil liberties staff, staff of components who do not have a 
designated civil rights and civil liberties office but who do perform 
related functions, and to meet investigative and reporting 
responsibilities related to civil rights and civil liberties. The DHS/
ALL-029 Civil Rights and Civil Liberties Records System of Records is 
the baseline system for civil rights and civil liberties activities, as 
led by the DHS Officer for Civil Rights and Civil Liberties, for the 
Department.
    Civil rights and civil liberties complaints are initially reviewed 
to determine if the Department has jurisdiction over the alleged 
complaint. If the Department has jurisdiction and accepts the 
complaint, basic information about the case is maintained and processed 
within the DHS/ALL-029 Civil Rights and Civil Liberties Records System 
of Records. Information in this system may include, but is not limited 
to: Name; social security number or other identifier; address; phone 
number; alien registration number and other identifying data as may be 
necessary to review the complaint. If the complainant provides more 
personally identifiable information (PII) than is necessary, the 
information is not captured, but may remain in the paper file as 
information provided by the complainant.
    Civil rights and civil liberties records may be referred to the 
Office of Inspector General (OIG) for handling under the Inspector 
General Act of 1978, as amended. The OIG decides whether it will pursue 
the case, or decline to investigate it and refer it back to CRCL or 
component civil rights and civil liberties office, staff of components 
who do not have a designated civil rights and civil liberties office, 
but who do perform related functions, for appropriate action. Any 
resulting OIG records are excluded from this system and are part of the 
DHS/OIG-002 Investigative Records System of Records (74 FR 55569, 
October 28, 2009).
    The data collected in component civil rights and civil liberties 
offices or by staff of components who do not have a designated civil 
rights and civil liberties office, but who do perform related 
functions, are part of this system of records and are managed on a 
component by component basis and may or may not be reviewed or 
maintained by the CRCL Office. Component civil rights and civil 
liberties offices, and staff of components who do not have a designated 
civil rights and civil liberties office, but who do perform related 
functions, may consult and advise the CRCL Office on civil rights and 
civil liberties issues within the component, but are handled at the 
component level unless formally elevated to the CRCL Office.
    The purpose of this system is to allow the DHS Officer for Civil 
Rights and Civil Liberties, component civil rights and civil liberties 
staff, and staff of components who do not have a designated civil 
rights and civil liberties office but who do perform related functions, 
to maintain relevant information necessary to review complaints or 
comments about alleged civil rights or civil liberties violations, or 
racial, ethnic, or religious profiling related to the Department's 
activities. The system will also track and maintain investigative files 
and records of complaint resolution and other issues, and facilitate 
oversight and accountability of the Department's civil rights and civil 
liberties complaint resolution mechanisms. DHS is authorized to 
implement this program primarily through 6 U.S.C. 345; 5 U.S.C. 301; 49 
U.S.C. 114; 44 U.S.C. 3101; section 803 of Public Law 110-53; E.O. 
12958, as amended. This system has an effect on individual privacy that 
is balanced by the need to address civil rights and civil liberties 
issues and matters within the Department. Risk is mitigated by limiting 
access to civil rights and civil liberties staff and other officials 
who need the information in the course of performing their duties. 
Routine uses contained in this notice include sharing with the 
Department of Justice (DOJ) for legal advice and representation; to a 
congressional office at the request of an individual; to the National 
Archives and Records Administration (NARA) for records management; to 
contractors in support of their contract assignment to DHS; to federal, 
state, local and other governmental partners to enforce and prosecute 
laws and regulations; to agencies, organizations or individuals for the 
purpose of audit; to agencies, entities, or persons during a security 
or information compromise or risk, to another federal agency for labor 
and employment relations; to an agency, organization, or individual 
when there could potentially be a risk to an individual; to former 
employees of the Department while responding to inquiries; to the 
Office of Management and Budget (OMB), DOJ or other agencies for 
advice; to other agencies or organizations for redress; to the 
Department of Transportation (DOT) and its operating administrations 
for Transportation Security Administration (TSA) records and functions; 
and to the news media in the interest of the public. A review of this 
system is being conducted to determine if the system of records 
collects information under the Paperwork Reduction Act.
    As a result of the biennial review of this system, updates have 
been made to change the system name to ``Department of Homeland 
Security/ALL-029 Civil Rights and Civil Liberties Records System of 
Records'' to reflect that the system is a Department-wide system of 
records; categories of records to reflect the addition of social 
security number; routine uses to reflect the addition of

[[Page 38826]]

sharing with the DOT for legacy TSA records; retention and disposal to 
reflect the NARA retention and disposal policy and description; and the 
addition of exemption (k)(3) under the Privacy Act to include records 
at the U.S. Secret Service in conjunction with the protection of the 
President of the United States.
    Exclusion is made from this system for Office of Inspector General 
records relating to civil rights and civil liberties. Office of 
Inspector General records are covered by DHS/OIG-002 Investigative 
Records System of Records, October 28, 2009.
    This updated system will continue to be included in the Department 
of Homeland Security's inventory of record systems.

II. 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 individuals' records. 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 for which information is retrieved by the name of 
an individual or by some identifying number, symbol, or other 
identifying particular assigned to the individual. In the Privacy Act, 
an individual is defined to encompass United States citizens and lawful 
permanent residents. As a matter of policy, DHS extends administrative 
Privacy Act protections to all individuals where systems of records 
maintain information on U.S. citizens, lawful permanent residents, and 
visitors. Individuals may request access to 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 denoting 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 record keeping 
practices transparent, to notify individuals regarding the uses to 
which their records are put, and to assist individuals to more easily 
find such files within the agency. Below is the description of the DHS/
ALL-029 Civil Rights and Civil Liberties Records System of Records.
    In accordance with 5 U.S.C. 552a(r), DHS has provided a report of 
this system of records to OMB and to Congress.
System of Records
    DHS/ALL-029

System name:
    Department of Homeland Security/ALL-029 Civil Rights and Civil 
Liberties Records System of Records.

Security classification:
    Unclassified, sensitive, and classified.

System location:
    Records are maintained at the Department Office for Civil Rights 
and Civil Liberties (CRCL), component civil rights and civil liberties 
offices, and within offices of a component that does not have a 
designated civil rights and civil liberties office, but these functions 
are dispersed within other offices of the component, in Washington, DC 
and field locations.

Categories of individuals covered by the system:
    Categories of individuals covered by this system include:
    Persons who contact the CRCL or component civil rights and civil 
liberties staff, to allege abuses of civil rights and civil liberties, 
or to allege racial, ethnic, or religious profiling by DHS, its 
employees, contractors, grantees, or others acting under the authority 
of the Department; persons alleged to be involved in civil rights or 
civil liberties abuses or racial, ethnic, or religious profiling, 
victims or witnesses to such abuse; third parties not directly involved 
in the alleged incident, but identified as relevant persons to an 
investigation; and DHS employees and contractors.

Categories of records in the system:
    Categories of records in the system include:
    Information relating to allegations of abuses of civil rights, 
civil liberties, and racial, ethnic, and religious profiling by 
Department employees and officials will be collected, as well as 
similar allegations relating to persons or entities under Department 
control (such as contractors or programs). Basic information about 
complainants will be collected, including, but not limited to:
     Complainant's name;
     Complainant's home and work mailing address;
     Complainant's home, cell and work telephone and fax 
numbers;
     Complainant's home and work e-mail address;
     Complainant's social security number or alien registration 
number, if necessary and appropriate;
     Name of representative filing a claim on behalf of a 
complainant;
     Allegation occurrence date and time;
     Allegation facility name and location;
     DHS component referenced;
     Information on a complainant's country of origin/race/
religion (CRCL does not solicit this information, it is tracked if 
individuals provide it);
     Allegation details, primary and secondary issues, and 
primary and secondary basis;
     Other information that may appear in the system or in the 
file folder on a case-by-case basis might include:
    [cir] Photographic facial images;
    [cir] Bank account numbers;
    [cir] Vehicle license plate information; and
    [cir] Civil or criminal history information.
     Paper investigative files and documents depending on the 
particular investigation, but may include:
    [cir] Letters, memoranda, and other documents alleging abuses of 
civil rights, civil liberties, and profiling from complainants;
    [cir] Internal letters, memoranda, and other communications within 
DHS;
    [cir] Results of an investigation of allegations;
    [cir] Transcripts, interview notes, investigative notes;
    [cir] Documentation concerning requests for additional information 
needed to complete the investigation;
    [cir] Medical records;
    [cir] Copy of passport;
    [cir] Evidentiary documents and material, comments, and reports 
relating to the alleged abuses and to the resolution of the complaint; 
and
    [cir] Similar information regarding witnesses, persons involved in 
the alleged incident, or any other persons with relevant information 
regarding the alleged abuses may also be collected.

Authority for maintenance of the system:
    6 U.S.C. 345; 5 U.S.C. 301; 49 U.S.C. 114; 44 U.S.C. 3101; section 
803 of Public Law 110-53; E.O. 12958, as amended.

Purpose(s):
    The purpose of this system is to allow CRCL, component civil rights 
and civil liberties staff, and staff of components who do not have a 
designated civil rights and civil liberties office, but who do perform 
related functions, to maintain relevant information necessary to review 
complaints or comments about alleged civil rights or civil liberties 
violations, including racial, ethnic, or religious profiling related to

[[Page 38827]]

the Department's activities. The system will also track and maintain 
investigative files and records of complaint resolution and other 
issues, and facilitate oversight and accountability of the Department's 
civil rights and civil liberties complaint resolution mechanisms.

Routine uses of records maintained in the system, including categories 
of users and the purposes of such uses:
    In addition to those disclosures generally permitted under 5 U.S.C. 
552a(b) of the Privacy Act, all or a portion of the records or 
information contained in this system may be disclosed outside DHS as a 
routine use pursuant to 5 U.S.C. 552a(b)(3) as follows:
    A. To the Department of Justice (DOJ), (including United States 
Attorney Offices, or other federal agency conducting litigation or in 
proceedings before any court, adjudicative or administrative body, when 
it is necessary to the litigation and one of the following is a party 
to the litigation or has an interest in such litigation:
    1. DHS or any component thereof;
    2. any employee of DHS in his/her official capacity;
    3. any employee of DHS in his/her individual capacity where DOJ or 
DHS has agreed to represent the employee; or
    4. the United States or any agency thereof, is a party to the 
litigation or has an interest in such litigation, and DHS determines 
that the records are both relevant and necessary to the litigation and 
the use of such records is compatible with the purpose for which DHS 
collected the records.
    B. To a congressional office from the record of an individual in 
response to an inquiry from that congressional office made at the 
request of the individual to whom the record pertains.
    C. To the National Archives and Records Administration (NARA) or 
other federal government agencies pursuant to records management 
inspections being conducted under the authority of 44 U.S.C. 2904 and 
2906.
    D. To an agency, organization, or individual for the purpose of 
performing audit or oversight operations as authorized by law, but only 
such information as is necessary and relevant to such audit or 
oversight function.
    E. To appropriate agencies, entities, and persons when:
    1. DHS suspects or has confirmed that the security or 
confidentiality of information in the system of records has been 
compromised;
    2. The Department has determined that as a result of the suspected 
or confirmed compromise there is a risk of harm to economic or property 
interests, identity theft or fraud, or harm to the security or 
integrity of this system or other systems or programs (whether 
maintained by DHS or another agency or entity) or harm to the 
individual that rely upon the compromised information; and
    3. The disclosure made to such agencies, entities, and persons is 
reasonably necessary to assist in connection with DHS's efforts to 
respond to the suspected or confirmed compromise and prevent, minimize, 
or remedy such harm.
    F. To contractors and their agents, grantees, experts, consultants, 
and others performing or working on a contract, service, grant, 
cooperative agreement, or other assignment for DHS, when necessary to 
accomplish an agency function related to this system of records. 
Individuals provided information under this routine use is subject to 
the same Privacy Act requirements and limitations on disclosure as are 
applicable to DHS officers and employees.
    G. To an appropriate federal, state, tribal, local, international, 
or foreign law enforcement agency or other appropriate authority 
charged with investigating or prosecuting a violation or enforcing or 
implementing a law, rule, regulation, or order, where a record, either 
on its face or in conjunction with other information, indicates a 
violation or potential violation of law, which includes criminal, 
civil, or regulatory violations and such disclosure is proper and 
consistent with the official duties of the person making the 
disclosure.
    H. To another federal agency with responsibility for labor or 
employment relations or other issues, including Equal Employment 
Opportunity issues, when that agency has jurisdiction over issues 
reported to CRCL, or component civil rights and civil liberties staff, 
and staff of components who do not have a designated civil rights and 
civil liberties office, but who do perform related functions.
    I. To an organization or individual in either the public or private 
sector, either foreign or domestic, where there is a reason to believe 
that the recipient is or could become the target of a particular 
terrorist activity or conspiracy, to the extent the information is 
relevant to the protection of life or property.
    J. To a former employee of the Department for purposes of 
responding to an official inquiry by a federal, state, or local 
government entity or professional licensing authority, in accordance 
with applicable Department regulations; or facilitating communications 
with a former employee that may be necessary for personnel-related or 
other official purposes where the Department requires information and/
or consultation assistance from the former employee regarding a matter 
within that person's former area of responsibility.
    K. To the Office of Management and Budget (OMB), the DOJ, or the 
Office of Special Counsel (OSC), to obtain advice regarding statutory 
and other requirements related to civil rights and civil liberties.
    L. To a federal, state, territorial, tribal, local, international, 
or foreign government agency or entity for the purpose of consulting 
with that agency or entity: 1. To assist in making a determination 
regarding redress for an individual in connection with the operations 
of a DHS component or program; 2. for the purpose of verifying the 
identity of an individual seeking redress in connection with the 
operations of a DHS component or program; or 3. for the purpose of 
verifying the accuracy of information submitted by an individual who 
has requested such redress on behalf of another individual.
    M. To a federal agency or entity that furnished a record or 
information for the purpose of permitting that agency or entity to make 
a decision regarding access to or correction of the record or 
information or to a federal agency or entity that has information 
relevant to the redress request for purposes of obtaining guidance, 
additional information, or advice from such federal agency or entity 
regarding the handling of this particular redress request.
    N. To third parties lawfully authorized in connection with a 
federal government program, which is authorized by law, regulation, or 
rule, but only the information necessary and relevant to effectuate or 
to carry out a particular redress result for an individual and 
disclosure is appropriate to enable these third parties to carry out 
their responsibilities related to the federal government program, such 
as when the name and appropriate associated information about an 
individual who has been cleared and distinguished from a known or 
suspected threat to aviation security, is shared with the airlines to 
prevent future delays and disruptions for that individual while 
traveling.
    O. To the Department of Transportation (DOT) and its operating 
administrations when relevant or necessary to (1) ensure safety and 
security in any mode of transportation; (2) enforce safety- and 
security-related regulations and requirements; (3) assess and 
distribute intelligence or law

[[Page 38828]]

enforcement information related to transportation security; (4) assess 
and respond to threats to transportation; (5) oversee the 
implementation and ensure the adequacy of security measures at airports 
and other transportation facilities; (6) plan and coordinate any 
actions or activities that may affect transportation safety and 
security or the operations of transportation operators; or (7) the 
issuance, maintenance, or renewal of a license, certificate, contract, 
grant, or other benefit.
    P. To the news media and the public, with the approval of the Chief 
Privacy Officer in consultation with counsel, when there exists a 
legitimate public interest in the disclosure of the information or when 
disclosure is necessary to preserve confidence in the integrity of DHS 
or is necessary to demonstrate the accountability of DHS's officers, 
employees, or individuals covered by the system, except to the extent 
it is determined that release of the specific information in the 
context of a particular case would constitute an unwarranted invasion 
of personal privacy.

Disclosure to consumer reporting agencies:
    None.

Policies and practices for storing, retrieving, accessing, retaining, 
and disposing of records in the system:
Storage:
    Records in this system are stored electronically or on paper in 
secure facilities in a locked drawer behind a locked door. The records 
are stored on magnetic disc, tape, digital media, and CD-ROM.

Retrievability:
    Records may be retrieved by name, incident code, social security 
number or other unique personal identifier.

Safeguards:
    Records in this system are safeguarded in accordance with 
applicable rules and policies, including all applicable DHS automated 
systems security and access policies. Strict controls have been imposed 
to minimize the risk of compromising the information that is stored. 
Access to the computer system containing the records in this system is 
limited to those individuals who have a need to know the information 
for the performance of their official duties and who have appropriate 
clearances or permissions.

Retention and disposal:
    Referred issues are sent to DHS components for resolution. 
Components will maintain the record copy in accordance with the 
component's related record disposition schedule. CRCL will maintain a 
reference copy containing the original complaint, all related and 
relevant documents, and the component's memorandum of resolution in 
accordance with records schedule N1-563-07-6, b.1 and will destroy or 
delete seven years after resolution or closure of the case.
    Retained issues are either maintained by CRCL because of the 
significance of the issue, which may result in policy change, or issues 
retuned from the component for resolution in accordance with N1-563-07-
6, b.2 and will destroy or delete seventy-five years after resolution 
or closure of the case.
    Significant case files involve allegations made against senior DHS 
officials; attract national media or congressional attention; present 
significant or novel questions of law or policy; and result in 
substantive changes in DHS policies and procedures. Significant case 
files will be selected by the Headquarters and component civil rights 
and civil liberties offices based on these criteria. In accordance with 
N1-563-07-6, b.3 records are maintained through the end of fiscal year 
in which the significant case file is closed. Records are transferred 
to NARA five years after the case is closed according to NARA transfer 
guidance and regulations.

System Manager and address:
    For DHS: Complaints Manager (202-357-8178), Office for Civil Rights 
and Civil Liberties, Department of Homeland Security, 1201 New York 
Avenue, NW., Washington, DC 20528.
    For components of DHS, the System Manager can be found at https://www.dhs.gov/foia under ``contacts.''

Notification procedure:
    The Secretary of Homeland Security has exempted this system from 
the notification, access, and amendment procedures of the Privacy Act 
because it is a law enforcement system. However, CRCL, component civil 
rights and civil liberties offices, and staff of components who do not 
have a designated civil rights and civil liberties office but who do 
perform related functions, will consider individual requests to 
determine whether or not information may be released. Thus, individuals 
seeking notification of and access to any record contained in this 
system of records, or seeking to contest its content, may submit a 
request in writing to the CRCL FOIA Officer, whose contact information 
can be found at https://www.dhs.gov/foia under ``contacts.'' If an 
individual believes more than one component maintains Privacy Act 
records concerning him or her the individual may submit the request to 
the Chief Privacy Officer and Chief Freedom of Information Act Officer, 
Department of Homeland Security, 245 Murray Drive, SW., Building 410, 
STOP-0655, Washington, DC 20528.
    When seeking records about yourself from this system of records or 
any other Departmental system of records your request must conform with 
the Privacy Act regulations set forth in 6 CFR part 5. You must first 
verify your identity, meaning that you must provide your full name, 
current address and date and place of birth. You must sign your 
request, and your signature must either be notarized or submitted under 
28 U.S.C. 1746, a law that permits statements to be made under penalty 
of perjury as a substitute for notarization. While no specific form is 
required, you may obtain forms for this purpose from the Chief Privacy 
Officer and Chief Freedom of Information Act Officer, https://www.dhs.gov or 1-866-431-0486. In addition you should provide the 
following:
     An explanation of why you believe the Department would 
have information on you;
     Identify which component(s) of the Department you believe 
may have the information about you;
     Specify when you believe the records would have been 
created;
     Provide any other information that will help the FOIA 
staff determine which DHS component agency may have responsive records; 
and
     If your request is seeking records pertaining to another 
living individual, you must include a statement from that individual 
certifying his/her agreement for you to access his/her records.
    Without this bulleted information the component(s) may not be able 
to conduct an effective search, and your request may be denied due to 
lack of specificity or lack of compliance with applicable regulations.

Record access procedures:
    See ``Notification procedure'' above.

Contesting record procedures:
    See ``Notification procedure'' above.

Record source categories:
    Information is collected from individuals who file complaints, 
eyewitnesses, third parties, DHS employees and/or contractors, illegal 
aliens involved in the circumstances that gave rise to the complaint, 
open sources such as non-fee internet sources and newspapers, and other 
entities with

[[Page 38829]]

information pertinent to the matter under investigation. The 
information is received via correspondence, telephone calls, e-mails, 
and facsimiles.

Exemptions claimed for the system:
    The Secretary of Homeland Security proposes to exempt certain 
portions of this system relating to ongoing investigations and national 
security activities 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).

    Dated:May 13, 2010.
Mary Ellen Callahan,
Chief Privacy Officer, Department of Homeland Security.
[FR Doc. 2010-16363 Filed 7-2-10; 8:45 am]
BILLING CODE 9110-9B-P
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