Subject: Federal Register, Volume 75 Issue 130 (Thursday, July 8, 2010)
From: <Saved by Windows Internet Explorer 8>
Date: Tue, 24 Sep 2013 12:45:06 -0400

[Federal Register Volume 75, Number 130 (Thursday, July 8, 2010)]
[Notices]
[Pages 39266-39271]
From the Federal Register Online via the Government Printing Office [http://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: http://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 http://www.regulations.gov/,
including any personal information provided.
Docket: For access to the docket to read background
documents or comments received go to http://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 http://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 http://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 http://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, http://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