Privacy Act of 1974; Department of Homeland Security/ALL-029 Civil Rights and Civil Liberties Records System of Records, 38824-38829 [2010-16363]
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Federal Register / Vol. 75, No. 128 / Tuesday, July 6, 2010 / Notices
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[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.
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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.
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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,
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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.
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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.
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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
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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
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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.
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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
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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;
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• 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
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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.
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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
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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
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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
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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.
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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
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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
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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
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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.
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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:
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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
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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]
-----------------------------------------------------------------------
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