From: Subject: Federal Register, Volume 75 Issue 130 (Thursday, July 8, 2010) Date: Tue, 24 Sep 2013 12:45:06 -0400 MIME-Version: 1.0 Content-Type: text/html; charset="utf-8" Content-Transfer-Encoding: quoted-printable Content-Location: http://www.gpo.gov/fdsys/pkg/FR-2010-07-08/html/2010-16569.htm X-MimeOLE: Produced By Microsoft MimeOLE V6.00.2900.6157 =EF=BB=BF Federal Register, Volume 75 Issue 130 (Thursday, July = 8, 2010) 
[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]


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DEPARTMENT OF HOMELAND SECURITY

Office of the Secretary

[Docket No. DHS-2009-0112]


Privacy Act of 1974; Department of Homeland Security/ALL-029=20
Civil Rights and Civil Liberties Records System of Records

AGENCY: Privacy Office, DHS.

ACTION: Notice of Privacy Act system of records.

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SUMMARY: In accordance with the Privacy Act of 1974, the Department of=20
Homeland Security proposes to update and reissue a Department of=20
Homeland Security system of records titled, ``Department of Homeland=20
Security Office for Civil Rights and Civil Liberties-001 Matters System=20
of Records,'' January 6, 2004. The system name is being changed to,=20
``Department of Homeland Security/ALL-029 Civil Rights and Civil=20
Liberties Records

[[Page 39267]]

System of Records.'' This name change, along with other changes to the=20
system, are made to capture the expansion of the overall system of=20
records to include both the Department Office for Civil Rights and=20
Civil Liberties, as well as all component offices that perform civil=20
rights and civil liberties functions, and staff of components who do=20
not have a designated civil rights and civil liberties office but who=20
do perform related civil rights and civil liberties functions=20
(collectively referred to as ``civil rights and civil liberties=20
staff''). The Department's civil rights and civil liberties staff=20
advise Departmental and/or component leadership, personnel, and=20
partners about civil rights and civil liberties issues, ensuring=20
respect for civil rights and civil liberties in policy decisions and=20
implementation of those decisions. Civil rights and civil liberties=20
staff also review and assess information concerning abuses of civil=20
rights, civil liberties, such as profiling on the basis of race,=20
ethnicity, or religion, by employees and officials of the Department of=20
Homeland Security. The Department's civil rights and civil liberties=20
staff also ensure that all Federally-assisted and Federally-conducted=20
programs or activities of the Department comply with the provisions of=20
Title VI of the Civil Rights Act of 1964. The Department's civil rights=20
and civil liberties staff investigate complaints, including:=20
Allegations that individuals acted under color of law or otherwise=20
abused their authority; discrimination; profiling; violations of the=20
confidentiality provisions of the Violence Against Women Act;=20
conditions of detention; treatment; due process; and watch list issues.
    As a result of the biennial review of this system, updates have=20
been made to change the system name to ``Department of Homeland=20
Security/ALL-029 Civil Rights and Civil Liberties Records System of=20
Records'' to reflect that the system is a Department-wide system of=20
records, as well as updates to the: Categories of records; routine=20
uses; retention and disposal; and Privacy Act exemptions.
    Exclusion is made from this system for Office of Inspector General=20
records relating to civil rights and civil liberties. Office of=20
Inspector General records are covered by Department of Homeland=20
Security/Office of Inspector General-002 Investigative Records System=20
of Records, October 28, 2009.
    This updated system will continue to be included in the Department=20
of Homeland Security's inventory of record systems.

DATES: Submit comments on or before August 9, 2010. This new system=20
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/.=20
Follow the instructions for submitting comments.
     Fax: 703-483-2999.
     Mail: Mary Ellen Callahan, Chief Privacy Officer, Privacy=20
Office, Department of Homeland Security, Washington, DC 20528.
     Instructions: All submissions received must include the=20
agency name and docket number for this rulemaking. All comments=20
received will be posted without change to http://www.regulations.gov/,=20
including any personal information provided.
     Docket: For access to the docket to read background=20
documents or comments received go to http://www.regulations.gov/.

FOR FURTHER INFORMATION CONTACT: For general questions please contact:=20
For Headquarters: Complaints Manager (202-357-8178), Office for Civil=20
Rights and Civil Liberties, Department of Homeland Security, 1201 New=20
York Avenue, NW., Washington, DC 20528. For components of DHS, the=20
System Manager can be found at http://www.dhs.gov/foia under=20
``contacts.'' For privacy issues please contact: Mary Ellen Callahan=20
(703-235-0780), Chief Privacy Officer, Privacy Office, Department of=20
Homeland Security, Washington, DC 20528.

SUPPLEMENTARY INFORMATION:

I. Background

    The Department of Homeland Security's (DHS) civil rights and civil=20
liberties staff, including components, as well as staff of components=20
who do not have a designated civil rights and civil liberties office,=20
but who do perform related functions (civil rights and civil liberties=20
staff), rely on the DHS/Civil Rights and Civil Liberties (CRCL)-001=20
Matters System of Records (69 FR 70464, December 6, 2004) and other=20
component specific systems of records, for the collection and=20
maintenance of records that concern the Department's civil rights and=20
civil liberties records. The system name is being changed to ``DHS/ALL-
029 Civil Rights and Civil Liberties Records System of Records'' to=20
reflect that the system is a Department-wide system of records and that=20
all DHS civil rights and civil liberties records will now be covered by=20
the DHS/ALL-029 Civil Rights and Civil Liberties Records System of=20
Records. This name change, along with other changes to the system, are=20
made to capture the expansion of the overall system of records=20
including the Department's CRCL Office, as well as component civil=20
rights and civil liberties staff, staff of components who do not have a=20
designated civil rights and civil liberties office but who do perform=20
related functions, and to meet investigative and reporting=20
responsibilities related to civil rights and civil liberties. The DHS/
ALL-029 Civil Rights and Civil Liberties Records System of Records is=20
the baseline system for civil rights and civil liberties activities, as=20
led by the DHS Officer for Civil Rights and Civil Liberties, for the=20
Department.
    Civil rights and civil liberties complaints are initially reviewed=20
to determine if the Department has jurisdiction over the alleged=20
complaint. If the Department has jurisdiction and accepts the=20
complaint, basic information about the case is maintained and processed=20
within the DHS/ALL-029 Civil Rights and Civil Liberties Records System=20
of Records. Information in this system may include, but is not limited=20
to: Name; Social Security number or other identifier; address; phone=20
number; alien registration number and other identifying data as may be=20
necessary to review the complaint. If the complainant provides more=20
personally identifiable information (PII) than is necessary, the=20
information is not captured, but may remain in the paper file as=20
information provided by the complainant.
    Civil rights and civil liberties records may be referred to the=20
Office of Inspector General (OIG) for handling under the Inspector=20
General Act of 1978, as amended. The OIG decides whether it will pursue=20
the case, or decline to investigate it and refer it back to CRCL or=20
component civil rights and civil liberties office, staff of components=20
who do not have a designated civil rights and civil liberties office,=20
but who do perform related functions, for appropriate action. Any=20
resulting OIG records are excluded from this system and are part of the=20
DHS/OIG-002 Investigative Records System of Records (74 FR 55569,=20
October 28, 2009).
    The data collected in component civil rights and civil liberties=20
offices or by staff of components who do not have a designated civil=20
rights and civil liberties office, but who do perform related=20
functions, are part of this system of records and are managed on a=20
component by component basis and may or may not be reviewed or=20
maintained by the CRCL Office. Component civil rights and civil=20
liberties offices, and staff of components

[[Page 39268]]

who do not have a designated civil rights and civil liberties office,=20
but who do perform related functions, may consult and advise the CRCL=20
Office on civil rights and civil liberties issues within the component,=20
but are handled at the component level unless formally elevated to the=20
CRCL Office.
    The purpose of this system is to allow the DHS Officer for Civil=20
Rights and Civil Liberties, component civil rights and civil liberties=20
staff, and staff of components who do not have a designated civil=20
rights and civil liberties office but who do perform related functions,=20
to maintain relevant information necessary to review complaints or=20
comments about alleged civil rights or civil liberties violations, or=20
racial, ethnic, or religious profiling related to the Department's=20
activities. The system will also track and maintain investigative files=20
and records of complaint resolution and other issues, and facilitate=20
oversight and accountability of the Department's civil rights and civil=20
liberties complaint resolution mechanisms. DHS is authorized to=20
implement this program primarily through 6 U.S.C. 345; 5 U.S.C. 301; 49=20
U.S.C. 114; 44 U.S.C. 3101; section 803 of Public Law 110-53; E.O.=20
12958, as amended. This system has an effect on individual privacy that=20
is balanced by the need to address civil rights and civil liberties=20
issues and matters within the Department. Risk is mitigated by limiting=20
access to civil rights and civil liberties staff and other officials=20
who need the information in the course of performing their duties.=20
Routine uses contained in this notice include sharing with the=20
Department of Justice (DOJ) for legal advice and representation; to a=20
congressional office at the request of an individual; to the National=20
Archives and Records Administration (NARA) for records management; to=20
contractors in support of their contract assignment to DHS; to Federal,=20
State, local and other governmental partners to enforce and prosecute=20
laws and regulations; to agencies, organizations or individuals for the=20
purpose of audit; to agencies, entities, or persons during a security=20
or information compromise or risk, to another Federal agency for labor=20
and employment relations; to an agency, organization, or individual=20
when there could potentially be a risk to an individual; to former=20
employees of the Department while responding to inquiries; to the=20
Office of Management and Budget (OMB), DOJ or other agencies for=20
advice; to other agencies or organizations for redress; to the=20
Department of Transportation (DOT) and its operating administrations=20
for Transportation Security Administration (TSA) records and functions;=20
and to the news media in the interest of the public. A review of this=20
system is being conducted to determine if the system of records=20
collects information under the Paperwork Reduction Act.
    As a result of the biennial review of this system, updates have=20
been made to change the system name to ``Department of Homeland=20
Security/ALL-029 Civil Rights and Civil Liberties Records System of=20
Records'' to reflect that the system is a Department-wide system of=20
records; categories of records to reflect the addition of Social=20
Security number; routine uses to reflect the addition of sharing with=20
the DOT for legacy TSA records; retention and disposal to reflect the=20
NARA retention and disposal policy and description; and the addition of=20
exemption (k)(3) under the Privacy Act to include records at the U.S.=20
Secret Service in conjunction with the protection of the President of=20
the United States.
    Exclusion is made from this system for Office of Inspector General=20
records relating to civil rights and civil liberties. Office of=20
Inspector General records are covered by DHS/OIG-002 Investigative=20
Records System of Records, October 28, 2009.
    This updated system will continue to be included in the Department=20
of Homeland Security's inventory of record systems.

II. Privacy Act

    The Privacy Act embodies fair information principles in a statutory=20
framework governing the means by which the United States Government=20
collects, maintains, uses, and disseminates individuals' records. The=20
Privacy Act applies to information that is maintained in a ``system of=20
records.'' A ``system of records'' is a group of any records under the=20
control of an agency for which information is retrieved by the name of=20
an individual or by some identifying number, symbol, or other=20
identifying particular assigned to the individual. In the Privacy Act,=20
an individual is defined to encompass United States citizens and lawful=20
permanent residents. As a matter of policy, DHS extends administrative=20
Privacy Act protections to all individuals where systems of records=20
maintain information on U.S. citizens, lawful permanent residents, and=20
visitors. Individuals may request access to their own records that are=20
maintained in a system of records in the possession or under the=20
control of DHS by complying with DHS Privacy Act regulations, 6 CFR=20
part 5.
    The Privacy Act requires each agency to publish in the Federal=20
Register a description denoting the type and character of each system=20
of records that the agency maintains, and the routine uses that are=20
contained in each system in order to make agency record keeping=20
practices transparent, to notify individuals regarding the uses to=20
which their records are put, and to assist individuals to more easily=20
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=20
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=20
Liberties Records System of Records.

SECURITY CLASSIFICATION:
    Unclassified, sensitive, and classified.

SYSTEM LOCATION:
    Records are maintained at the Department Office for Civil Rights=20
and Civil Liberties (CRCL), component civil rights and civil liberties=20
offices, and within offices of a component that does not have a=20
designated civil rights and civil liberties office, but these functions=20
are dispersed within other offices of the component, in Washington, DC=20
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=20
liberties staff, to allege abuses of civil rights and civil liberties,=20
or to allege racial, ethnic, or religious profiling by DHS, its=20
employees, contractors, grantees, or others acting under the authority=20
of the Department; persons alleged to be involved in civil rights or=20
civil liberties abuses or racial, ethnic, or religious profiling,=20
victims or witnesses to such abuse; third parties not directly involved=20
in the alleged incident, but identified as relevant persons to an=20
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,=20
civil liberties, and racial, ethnic, and religious profiling by

[[Page 39269]]

Department employees and officials will be collected, as well as=20
similar allegations relating to persons or entities under Department=20
control (such as contractors or programs). Basic information about=20
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=20
numbers;
     Complainant's home and work e-mail address;
     Complainant's social security number or alien registration=20
number, if necessary and appropriate;
     Name of representative filing a claim on behalf of a=20
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=20
individuals provide it);
     Allegation details, primary and secondary issues, and=20
primary and secondary basis;
     Other information that may appear in the system or in the=20
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=20
particular investigation, but may include:
    [cir] Letters, memoranda, and other documents alleging abuses of=20
civil rights, civil liberties, and profiling from complainants;
    [cir] Internal letters, memoranda, and other communications within=20
DHS;
    [cir] Results of an investigation of allegations;
    [cir] Transcripts, interview notes, investigative notes;
    [cir] Documentation concerning requests for additional information=20
needed to complete the investigation;
    [cir] Medical records;
    [cir] Copy of passport;
    [cir] Evidentiary documents and material, comments, and reports=20
relating to the alleged abuses and to the resolution of the complaint;=20
and
    [cir] Similar information regarding witnesses, persons involved in=20
the alleged incident, or any other persons with relevant information=20
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=20
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=20
and civil liberties staff, and staff of components who do not have a=20
designated civil rights and civil liberties office, but who do perform=20
related functions, to maintain relevant information necessary to review=20
complaints or comments about alleged civil rights or civil liberties=20
violations, including racial, ethnic, or religious profiling related to=20
the Department's activities. The system will also track and maintain=20
investigative files and records of complaint resolution and other=20
issues, and facilitate oversight and accountability of the Department's=20
civil rights and civil liberties complaint resolution mechanisms.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES=20
OF USERS AND THE PURPOSES OF SUCH USES:
    In addition to those disclosures generally permitted under 5 U.S.C.=20
552a(b) of the Privacy Act, all or a portion of the records or=20
information contained in this system may be disclosed outside DHS as a=20
routine use pursuant to 5 U.S.C. 552a(b)(3) as follows:
    A. To the Department of Justice (DOJ), (including United States=20
Attorney Offices, or other Federal agency conducting litigation or in=20
proceedings before any court, adjudicative or administrative body, when=20
it is necessary to the litigation and one of the following is a party=20
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=20
DHS has agreed to represent the employee; or
    4. The United States or any agency thereof, is a party to the=20
litigation or has an interest in such litigation, and DHS determines=20
that the records are both relevant and necessary to the litigation and=20
the use of such records is compatible with the purpose for which DHS=20
collected the records.
    B. To a congressional office from the record of an individual in=20
response to an inquiry from that congressional office made at the=20
request of the individual to whom the record pertains.
    C. To the National Archives and Records Administration (NARA) or=20
other Federal government agencies pursuant to records management=20
inspections being conducted under the authority of 44 U.S.C. 2904 and=20
2906.
    D. To an agency, organization, or individual for the purpose of=20
performing audit or oversight operations as authorized by law, but only=20
such information as is necessary and relevant to such audit or=20
oversight function.
    E. To appropriate agencies, entities, and persons when:
    1. DHS suspects or has confirmed that the security or=20
confidentiality of information in the system of records has been=20
compromised;
    2. The Department has determined that as a result of the suspected=20
or confirmed compromise there is a risk of harm to economic or property=20
interests, identity theft or fraud, or harm to the security or=20
integrity of this system or other systems or programs (whether=20
maintained by DHS or another agency or entity) or harm to the=20
individual that rely upon the compromised information; and
    3. The disclosure made to such agencies, entities, and persons is=20
reasonably necessary to assist in connection with DHS's efforts to=20
respond to the suspected or confirmed compromise and prevent, minimize,=20
or remedy such harm.
    F. To contractors and their agents, grantees, experts, consultants,=20
and others performing or working on a contract, service, grant,=20
cooperative agreement, or other assignment for DHS, when necessary to=20
accomplish an agency function related to this system of records.=20
Individuals provided information under this routine use is subject to=20
the same Privacy Act requirements and limitations on disclosure as are=20
applicable to DHS officers and employees.
    G. To an appropriate Federal, State, Tribal, local, international,=20
or foreign law enforcement agency or other appropriate authority=20
charged with investigating or prosecuting a violation or enforcing or=20
implementing a law, rule, regulation, or order, where a record, either=20
on its face or in conjunction with other information, indicates a=20
violation or potential violation of law, which includes criminal,=20
civil, or regulatory violations and such disclosure is proper and=20
consistent with the official duties of the person making the=20
disclosure.
    H. To another Federal agency with responsibility for labor or=20
employment relations or other issues, including Equal Employment=20
Opportunity issues, when that agency has jurisdiction over issues=20
reported to CRCL, or component civil rights and civil liberties staff,=20
and staff of components who do not have a designated civil rights and=20
civil liberties office, but who do perform related functions.

[[Page 39270]]

    I. To an organization or individual in either the public or private=20
sector, either foreign or domestic, where there is a reason to believe=20
that the recipient is or could become the target of a particular=20
terrorist activity or conspiracy, to the extent the information is=20
relevant to the protection of life or property.
    J. To a former employee of the Department for purposes of=20
responding to an official inquiry by a Federal, State, or local=20
government entity or professional licensing authority, in accordance=20
with applicable Department regulations; or facilitating communications=20
with a former employee that may be necessary for personnel-related or=20
other official purposes where the Department requires information and/
or consultation assistance from the former employee regarding a matter=20
within that person's former area of responsibility.
    K. To the Office of Management and Budget (OMB), the DOJ, or the=20
Office of Special Counsel (OSC), to obtain advice regarding statutory=20
and other requirements related to civil rights and civil liberties.
    L. To a Federal, State, territorial, Tribal, local, international,=20
or foreign government agency or entity for the purpose of consulting=20
with that agency or entity: 1. To assist in making a determination=20
regarding redress for an individual in connection with the operations=20
of a DHS component or program; 2. for the purpose of verifying the=20
identity of an individual seeking redress in connection with the=20
operations of a DHS component or program; or 3. for the purpose of=20
verifying the accuracy of information submitted by an individual who=20
has requested such redress on behalf of another individual.
    M. To a Federal agency or entity that furnished a record or=20
information for the purpose of permitting that agency or entity to make=20
a decision regarding access to or correction of the record or=20
information or to a Federal agency or entity that has information=20
relevant to the redress request for purposes of obtaining guidance,=20
additional information, or advice from such Federal agency or entity=20
regarding the handling of this particular redress request.
    N. To third parties lawfully authorized in connection with a=20
Federal government program, which is authorized by law, regulation, or=20
rule, but only the information necessary and relevant to effectuate or=20
to carry out a particular redress result for an individual and=20
disclosure is appropriate to enable these third parties to carry out=20
their responsibilities related to the Federal government program, such=20
as when the name and appropriate associated information about an=20
individual who has been cleared and distinguished from a known or=20
suspected threat to aviation security, is shared with the airlines to=20
prevent future delays and disruptions for that individual while=20
traveling.
    O. To the Department of Transportation (DOT) and its operating=20
administrations when relevant or necessary to (1) ensure safety and=20
security in any mode of transportation; (2) enforce safety- and=20
security-related regulations and requirements; (3) assess and=20
distribute intelligence or law enforcement information related to=20
transportation security; (4) assess and respond to threats to=20
transportation; (5) oversee the implementation and ensure the adequacy=20
of security measures at airports and other transportation facilities;=20
(6) plan and coordinate any actions or activities that may affect=20
transportation safety and security or the operations of transportation=20
operators; or (7) the issuance, maintenance, or renewal of a license,=20
certificate, contract, grant, or other benefit.
    P. To the news media and the public, with the approval of the Chief=20
Privacy Officer in consultation with counsel, when there exists a=20
legitimate public interest in the disclosure of the information or when=20
disclosure is necessary to preserve confidence in the integrity of DHS=20
or is necessary to demonstrate the accountability of DHS's officers,=20
employees, or individuals covered by the system, except to the extent=20
it is determined that release of the specific information in the=20
context of a particular case would constitute an unwarranted invasion=20
of personal privacy.

DISCLOSURE TO CONSUMER REPORTING AGENCIES:
    None.

POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING,=20
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
    Records in this system are stored electronically or on paper in=20
secure facilities in a locked drawer behind a locked door. The records=20
are stored on magnetic disc, tape, digital media, and CD-ROM.

RETRIEVABILITY:
    Records may be retrieved by name, incident code, social security=20
number or other unique personal identifier.

SAFEGUARDS:
    Records in this system are safeguarded in accordance with=20
applicable rules and policies, including all applicable DHS automated=20
systems security and access policies. Strict controls have been imposed=20
to minimize the risk of compromising the information that is stored.=20
Access to the computer system containing the records in this system is=20
limited to those individuals who have a need to know the information=20
for the performance of their official duties and who have appropriate=20
clearances or permissions.

RETENTION AND DISPOSAL:
    Referred issues are sent to DHS components for resolution.=20
Components will maintain the record copy in accordance with the=20
component's related record disposition schedule. CRCL will maintain a=20
reference copy containing the original complaint, all related and=20
relevant documents, and the component's memorandum of resolution in=20
accordance with records schedule N1-563-07-6, b.1 and will destroy or=20
delete seven years after resolution or closure of the case.
    Retained issues are either maintained by CRCL because of the=20
significance of the issue, which may result in policy change, or issues=20
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=20
or closure of the case.
    Significant case files involve allegations made against senior DHS=20
officials; attract national media or congressional attention; present=20
significant or novel questions of law or policy; and result in=20
substantive changes in DHS policies and procedures. Significant case=20
files will be selected by the Headquarters and component civil rights=20
and civil liberties offices based on these criteria. In accordance with=20
N1-563-07-6, b.3 records are maintained through the end of fiscal year=20
in which the significant case file is closed. Records are transferred=20
to NARA five years after the case is closed according to NARA transfer=20
guidance and regulations.

SYSTEM MANAGER AND ADDRESS:
    For DHS: Complaints Manager (202-357-8178), Office for Civil Rights=20
and Civil Liberties, Department of Homeland Security, 1201 New York=20
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=20
the notification, access, and amendment procedures of the Privacy Act=20
because it

[[Page 39271]]

is a law enforcement system. However, CRCL, component civil rights and=20
civil liberties offices, and staff of components who do not have a=20
designated civil rights and civil liberties office but who do perform=20
related functions, will consider individual requests to determine=20
whether or not information may be released. Thus, individuals seeking=20
notification of and access to any record contained in this system of=20
records, or seeking to contest its content, may submit a request in=20
writing to the CRCL FOIA Officer, whose contact information can be=20
found at http://www.dhs.gov/foia =
under ``contacts.'' If an individual=20
believes more than one component maintains Privacy Act records=20
concerning him or her the individual may submit the request to the=20
Chief Privacy Officer and Chief Freedom of Information Act Officer,=20
Department of Homeland Security, 245 Murray Drive, SW., Building 410,=20
STOP-0655, Washington, DC 20528.
    When seeking records about yourself from this system of records or=20
any other Departmental system of records your request must conform with=20
the Privacy Act regulations set forth in 6 CFR part 5. You must first=20
verify your identity, meaning that you must provide your full name,=20
current address and date and place of birth. You must sign your=20
request, and your signature must either be notarized or submitted under=20
28 U.S.C. 1746, a law that permits statements to be made under penalty=20
of perjury as a substitute for notarization. While no specific form is=20
required, you may obtain forms for this purpose from the Chief Privacy=20
Officer and Chief Freedom of Information Act Officer, http://www.dhs.gov/ or 1-866-431-0486. =
In addition you should provide the=20
following:
     An explanation of why you believe the Department would=20
have information on you;
     Identify which component(s) of the Department you believe=20
may have the information about you;
     Specify when you believe the records would have been=20
created;
     Provide any other information that will help the FOIA=20
staff determine which DHS component agency may have responsive records;=20
and
     If your request is seeking records pertaining to another=20
living individual, you must include a statement from that individual=20
certifying his/her agreement for you to access his/her records.
    Without this bulleted information the component(s) may not be able=20
to conduct an effective search, and your request may be denied due to=20
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,=20
eyewitnesses, third parties, DHS employees and/or contractors, illegal=20
aliens involved in the circumstances that gave rise to the complaint,=20
open sources such as non-fee Internet sources and newspapers, and other=20
entities with information pertinent to the matter under investigation.=20
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=20
portions of this system relating to ongoing investigations and national=20
security activities from the following provisions of the Privacy Act,=20
subject to the limitations set forth in 5 U.S.C. 552a(c)(3); (d);=20
(e)(1), (e)(4)(G), (e)(4)(H), (e)(4)(I); and (f) pursuant to 5 U.S.C.=20
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