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 

AGENCY: National Protection and 

Programs Directorate, DHS. 

ACTION: Committee Management; Notice 

of Federal Advisory Council Meeting. 

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, http://www.dhs.gov/niac, or 

contact the NIAC Secretariat by phone 

at 703–235–2888 or by e-mail at 

NIAC@dhs.gov. 

ADDRESSES: 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 

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: http:// 

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 http://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 

http://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 

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 

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 


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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. 

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 Departmentwide system of records and that all DHS 

civil rights and civil liberties records 

will now be covered by the DHS/ALL– 

029 Civil Rights and Civil Liberties 

Records System of Records. This name 

change, along with other changes to the 

system, are made to capture the 

expansion of the overall system of 

records including the Department’s 

CRCL Office, as well as component civil 

rights and civil liberties staff, staff of 

components who do not have a 

designated civil rights and civil liberties 

office but who do perform related 

functions, and to meet investigative and 

reporting responsibilities related to civil 

rights and civil liberties. The DHS/ALL– 

029 Civil Rights and Civil Liberties 

Records System of Records is the 

baseline system for civil rights and civil 

liberties activities, as led by the DHS 

Officer for Civil Rights and Civil 

Liberties, for the Department. 

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 


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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 


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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 

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. 


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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 


srobinson on DSKHWCL6B1PROD with NOTICES
Federal Register / Vol. 75, No. 130 / Thursday, July 8, 2010 / Notices 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 

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 

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. 


srobinson on DSKHWCL6B1PROD with NOTICES