Privacy Act of 1974; Department of Homeland Security/ALL-029 Civil Rights and Civil Liberties Records System of Records, 39266-39271 [2010-16569]

Download as PDF 39266 Federal Register / Vol. 75, No. 130 / Thursday, July 8, 2010 / Notices serve up to four-year terms. Nominees must be U.S. citizens. The following information must be submitted for each candidate: Name, affiliation, address, telephone number, and current curriculum vitae. E-mail addresses are requested if available. Nominations should be sent, in writing, and postmarked by November 30, 2010 to: Sandra Malcom, Committee Management Specialist, NCEH/ATSDR, CDC, 4770 Buford Highway (MS–F61), Chamblee, Georgia 30341. (E-mail address: sym6@CDC.GOV). Telephone and facsimile submissions cannot be accepted. The Director, Management Analysis and Services Office, has been delegated the authority to sign Federal Register notices pertaining to announcements of meetings and other committee management activities for both CDC and the National Center for Environmental Health/Agency for Toxic Substances and Disease Registry. Dated: June 28, 2010. Elaine Baker, Director, Management Analysis and Services Office, Centers for Disease Control and Prevention. [FR Doc. 2010–16608 Filed 7–7–10; 8:45 am] BILLING CODE 4163–18–P DEPARTMENT OF HOMELAND SECURITY [Docket No. DHS–2010–0058] National Protection and Programs Directorate; National Infrastructure Advisory Council National Protection and Programs Directorate, DHS. ACTION: Committee Management; Notice of Federal Advisory Council Meeting. srobinson on DSKHWCL6B1PROD with NOTICES AGENCY: SUMMARY: The National Infrastructure Advisory Council (NIAC) will meet on Tuesday, July 13, 2010, at the National Press Club’s Ballroom, 529 14th Street, NW., Washington, DC 20045. DATES: The NIAC will meet Tuesday, July 13, 2010, from 1:30 p.m. to 4:30 p.m. Please note that the meeting may close early if the committee has completed its business. For additional information, please consult the NIAC Web site, https://www.dhs.gov/niac, or contact the NIAC Secretariat by phone at 703–235–2888 or by e-mail at NIAC@dhs.gov. The meeting will be held at the National Press Club’s Ballroom, 529 14th Street, NW., Washington, DC 20045. While we will be unable to accommodate oral comments from the ADDRESSES: VerDate Mar<15>2010 17:09 Jul 07, 2010 Jkt 220001 public, written comments may be sent to Nancy J. Wong, Department of Homeland Security, National Protection and Programs Directorate, 245 Murray Lane, SW., Mail Stop 0607, Arlington, VA 20598–0607. Written comments should reach the contact person listed no later than July 12, 2010. Comments must be identified by DHS–2010–0058 and may be submitted by one of the following methods: • Federal eRulemaking Portal: https:// www.regulations.gov. Follow the instructions for submitting comments. • E-mail: NIAC@dhs.gov. Include the docket number in the subject line of the message. • Fax: 703–603–5098. • Mail: Nancy J. Wong, National Protection and Programs Directorate, Department of Homeland Security, 245 Murray Lane, SW., Mail Stop 0607, Arlington, VA 20598–0607. Instructions: All submissions received must include the words ‘‘Department of Homeland Security’’ and the docket number for this action. Comments received will be posted without alteration at https://www.regulations.gov, including any personal information provided. Docket: For access to the docket to read background documents or comments received by the NIAC, go to https://www.regulations.gov. FOR FURTHER INFORMATION CONTACT: Nancy J. Wong, National Infrastructure Advisory Council Designated Federal Officer, Department of Homeland Security, telephone 703–235–2888. SUPPLEMENTARY INFORMATION: Notice of this meeting is given under the Federal Advisory Committee Act, 5 U.S.C. App. (Pub. L. 92–463). The NIAC shall provide the President through the Secretary of Homeland Security with advice on the security of the critical infrastructure sectors and their information systems. Pursuant to 41 CFR 102–3.150(b), this notice was published late as a result of exceptional circumstances. An administrative processing error prevented earlier publication, and the Department determined that it would be impracticable to reschedule the substantive activity scheduled for this meeting. In order to allow the greatest possible public participation, the Department has extended the usual deadline for public participants to submit written comments. As noted above, that date is July 12, 2010. The NIAC will meet to address issues relevant to the protection of critical infrastructure as directed by the President. At this meeting, the committee will receive work from two PO 00000 Frm 00066 Fmt 4703 Sfmt 4703 NIAC working groups to review, deliberate on, and provide further direction to the working groups. The meeting agenda is as follows: I. Opening of Meeting II. Roll Call of Members III. Opening Remarks and Introductions IV. Approval of April 13, 2010 Minutes V. Working Group Status: A Framework for Establishing Critical Infrastructure Resilience Goals VI. Working Group Status: Optimization of Resources for Mitigating Infrastructure Disruptions VII. New Business VIII. Closing Remarks IX. Adjournment Procedural While this meeting is open to the public, participation in the National Infrastructure Advisory Council deliberations is limited to committee members, Department of Homeland Security officials, and persons invited to attend the meeting for special presentations. Information on Services for Individuals with Disabilities For information on facilities or services for individuals with disabilities or to request special assistance at the meeting, contact the NIAC Secretariat at 703–235–2888 as soon as possible. Signed: July 1, 2010. Nancy J. Wong, Designated Federal Officer for the NIAC. [FR Doc. 2010–16713 Filed 7–7–10; 8:45 am] BILLING CODE 9110–9P–P 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 Privacy Office, DHS. Notice of Privacy Act system of AGENCY: ACTION: 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 E:\FR\FM\08JYN1.SGM 08JYN1 srobinson on DSKHWCL6B1PROD with NOTICES Federal Register / Vol. 75, No. 130 / Thursday, July 8, 2010 / Notices 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 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. VerDate Mar<15>2010 17:09 Jul 07, 2010 Jkt 220001 DATES: Submit comments on or before August 9, 2010. This new system will be effective August 9, 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. 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 PO 00000 Frm 00067 Fmt 4703 Sfmt 4703 39267 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 E:\FR\FM\08JYN1.SGM 08JYN1 srobinson on DSKHWCL6B1PROD with NOTICES 39268 Federal Register / Vol. 75, No. 130 / Thursday, July 8, 2010 / Notices 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) VerDate Mar<15>2010 17:09 Jul 07, 2010 Jkt 220001 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 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. PO 00000 Frm 00068 Fmt 4703 Sfmt 4703 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 E:\FR\FM\08JYN1.SGM 08JYN1 srobinson on DSKHWCL6B1PROD with NOTICES Federal Register / Vol. 75, No. 130 / Thursday, July 8, 2010 / Notices 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: 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 VerDate Mar<15>2010 17:09 Jul 07, 2010 Jkt 220001 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 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. PO 00000 Frm 00069 Fmt 4703 Sfmt 4703 39269 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. E:\FR\FM\08JYN1.SGM 08JYN1 srobinson on DSKHWCL6B1PROD with NOTICES 39270 Federal Register / Vol. 75, No. 130 / Thursday, July 8, 2010 / Notices 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 VerDate Mar<15>2010 17:09 Jul 07, 2010 Jkt 220001 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 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 PO 00000 Frm 00070 Fmt 4703 Sfmt 4703 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 E:\FR\FM\08JYN1.SGM 08JYN1 srobinson on DSKHWCL6B1PROD with NOTICES Federal Register / Vol. 75, No. 130 / Thursday, July 8, 2010 / Notices 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 VerDate Mar<15>2010 17:09 Jul 07, 2010 Jkt 220001 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 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: June 30, 2010. Mary Ellen Callahan, Chief Privacy Officer, Department of Homeland Security. [FR Doc. 2010–16569 Filed 7–7–10; 8:45 am] BILLING CODE 9110–9B–P DEPARTMENT OF HOMELAND SECURITY U.S. Citizenship and Immigration Services Agency Information Collection Activities: Form I–694, Extension of a Currently Approved Information Collection; Comment Request ACTION: 30-Day Notice of Information Collection Under Review: Form I–694, Notice of Appeal of Decision Under Section 210 or 245A of the Immigration and Nationality Act; OMB Control No. 1615–0034. The Department of Homeland Security, U.S. Citizenship and Immigration Services (USCIS) will be submitting the following information collection request to the Office of Management and Budget (OMB) for review and clearance in accordance with the Paperwork Reduction Act of 1995. The information collection was previously published in the Federal PO 00000 Frm 00071 Fmt 4703 Sfmt 4703 39271 Register on April 22, 2010, at 75 FR 21014, allowing for a 60-day public comment period. USCIS did not receive any comments for this information collection. The purpose of this notice is to allow an additional 30 days for public comments. Comments are encouraged and will be accepted until August 9, 2010. This process is conducted in accordance with 5 CFR 1320.10. Written comments and/or suggestions regarding the item(s) contained in this notice, especially regarding the estimated public burden and associated response time, should be directed to the Department of Homeland Security (DHS), and to the Office of Management and Budget (OMB) USCIS Desk Officer. Comments may be submitted to: USCIS, Chief, Regulatory Products Division, 111 Massachusetts Avenue, Washington, DC 20529–2210. Comments may also be submitted to DHS via facsimile to 202– 272–8352 or via e-mail at rfs.regs@dhs.gov, and to the OMB USCIS Desk Officer via facsimile at 202–395– 5806 or via e-mail at oira_submission@omb.eop.gov. When submitting comments by e-mail please make sure to add OMB Control Number 1615–0034 in the subject box. Written comments and suggestions from the public and affected agencies should address one or more of the following four points: (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 agencies estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; (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, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses. Overview of this information collection: (1) Type of Information Collection: Extension of a currently approved information collection. (2) Title of the Form/Collection: Notice of Appeal of Decision Under Section 210 or 254A of the Immigration and Nationality Act. E:\FR\FM\08JYN1.SGM 08JYN1

Agencies

[Federal Register Volume 75, Number 130 (Thursday, July 8, 2010)]
[Notices]
[Pages 39266-39271]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-16569]


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

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

[[Page 39267]]

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 9, 2010. This new system 
will be effective August 9, 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. 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

[[Page 39268]]

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 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

[[Page 39269]]

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 
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.

[[Page 39270]]

    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 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

[[Page 39271]]

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 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: June 30, 2010.
Mary Ellen Callahan,
Chief Privacy Officer, Department of Homeland Security.
[FR Doc. 2010-16569 Filed 7-7-10; 8:45 am]
BILLING CODE 9110-9B-P
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.