[Federal Register: April 8, 2008 (Volume 73, Number 68)]
[Notices]
[Page 19088-19090]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr08ap08-73]
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Office of the Secretary
Privacy Act of 1974, Amendment of an Existing System of Records
AGENCY: Office of the Secretary, Interior.
ACTION: Proposed Amendment of an Existing System of Records.
-----------------------------------------------------------------------
SUMMARY: In accordance with the Privacy Act of 1974, as amended (5
U.S.C. 552a), the Office of the Secretary of the Department of the
Interior is issuing public notice of its intent to amend an existing
Privacy Act system of records notice, Interior, DOI-18,
``Discrimination Complaints.'' The revisions will update the system
name, addresses of the system locations and system managers, the
categories of individuals covered by the system statement, the routine
uses of the records, and the storage, retrievability, and safeguards
statements.
DATE: Comments must be received by May 19, 2008.
FOR FURTHER INFORMATION CONTACT: Any persons interested in commenting
on this proposed amendment may do so by submitting comments in writing
to Ms. Sue Ellen Sloca, Privacy Act Officer, Office of the Secretary,
Department of the Interior, 1951 Constitution Avenue NW., MS 116 SIB,
Washington, DC 20240 or by e-mail to sue_ellen_sloca@nbc.gov.
SUPPLEMENTARY INFORMATION: Interior, DOI-18 is being amended to more
accurately describe the Department-wide scope of the system of records;
to add sexual orientation and status as a parent to the list of
discrimination factors in the categories of individuals covered by the
system statement; to update the storage, retrievability and safeguards
statements to reflect changes that have occurred since the system
notice was last published; to update the list of routine uses of
records maintained in the system to disclose records to the following
entities for the following purposes: to other federal agencies to
reconcile or reconstruct data files, to governmental organizations when
relevant to the hiring, etc., of an employee or contractor or to
provide information in response to a court order, to the National
Archives and Records Administration to conduct records management
inspections, to an expert, consultant or contractor to perform services
requiring access to the records, to individuals involved in responding
to a breach of Federal data, to the Office of Management and Budget in
connection with legislative affairs as mandated by OMB Circular A-19,
to the Treasury Department to recover debts owed to the Government, and
to the news media when the disclosure is compatible with the purpose
for which the records were compiled; to update the addresses of the
system locations and system managers; and to change the name of the
system from Interior, DOI-18, ``Discrimination Complaints'' to
Interior, DOI-18, ``Civil Rights Complaints and Compliance Review
Files.'' These amendments will be effective as proposed at the end of
the comment period unless comments are received which would require a
contrary determination. The Department will publish a revised notice if
changes are made based upon a review of comments received.
Dated: April 1, 2008.
Sharon D. Eller,
Director, Office of Civil Rights.
INTERIOR/DOI-18
SYSTEM NAME:
Interior, DOI-18, ``Civil Rights Complaints and Compliance Review
Files''.
SYSTEM LOCATION:
(1) Office of Civil Rights, 1849 C Street, NW., Mail Stop 5230 MIB,
Washington, DC 20240.
(2) Bureau of Land Management, Equal Employment Opportunity Group,
1120 20th Street, NW., 3rd Floor, Washington, DC 20036.
(3) Bureau of Reclamation, Diversity and Equal Opportunity, P.O.
Box 25007, D-4700, Denver, Colorado 80225-0007.
(4) U.S. Geological Survey, Office of Equal Opportunity, 12201
Sunrise Valley Drive, 602 National Center, Reston, Virginia 22092.
(5) National Park Service, Equal Employment Opportunity, 1201 I
Street, NW., Org Code 2652, Washington, DC 20005.
(6) U.S. Fish and Wildlife Service, Office of Diversity and Civil
Rights, 4501 N. Fairfax Drive, Diversity and Civil Rights Office (2nd
Floor) and the Division of Federal Assistance (4th Floor), Arlington,
Virginia 22203.
(7) Minerals Management Service, Equal Employment and Development
Opportunity, 381 Elden Street, MS 2900, Herndon, Virginia 20170.
(8) Office of Surface Mining Reclamation and Enforcement, Office
for Equal Opportunity, 1951 Constitution Avenue NW., Room 138-SIB,
Washington, DC 20240.
(9) Bureau of Indian Affairs, Equal Employment Opportunity
Programs, 2051 Mercator Drive, Reston, Virginia 20191.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Individuals who claim to have been discriminated against on the
basis of race, color, sex, religion, national origin, disability, age,
status as a parent, and sexual orientation in violation of various
statutes and regulations including Title VI and Title VII of the Civil
Rights Act of 1964, as amended (42 U.S.C. 2000d and 42 U.S.C. 2000e, et
seq); Section 501, Section 504 and Section 508 of the Rehabilitation
Act of 1973, as amended (29 U.S.C. 791, et seq) and its implementing
regulations; the Age Discrimination in Employment Act of 1967, as
amended (29 U.S.C. 794, et seq) and its implementing regulations; the
Age Discrimination in Employment Act of 1967, as amended (29 U.S.C.
621, et seq); Title IX of the Education Amendments of 1972 (Pub. L. 92-
318); Section 403 of the Trans-Alaska Pipeline Authorization Act (Pub.
L. 93-153.87 Stat. 576); the Americans with Disabilities Act of 1990
(Pub. L. 101-336); the Age Discrimination Act of 1975 (29 U.S.C. 621);
the Architectural Barriers Act of 1968 (Pub. L. 90-480); the Civil
Rights Restoration Act of 1987 (Pub. L. 100-259); the Civil Rights Act
of 1991 (Pub. L. 102-166); the Health Insurance Portability and
Accountability Act of 1996 (Pub. L. 104-191); Department of the
Interior Regulations at 43 CFR Parts 17 and 41; Presidential Executive
Orders 12898, 13160, 13166, 13152, and 13145; and Departmental Manual
373 DM 8, dated July 1, 2005, subject: Procedures for Processing
Complaints under Executive Order 13160, and 373 DM 7, dated December 1,
1998, subject: Equal Opportunity Procedures for Processing Complaints
of Discrimination Based on Sexual Orientation.
[[Page 19089]]
CATEGORIES OF RECORDS IN THE SYSTEM:
(1) Complaints of discrimination; reports of complaints
investigation and supplementary documentary evidence; correspondence,
including requests for information from other Federal agencies, and
from minority, civil rights, women's and community organizations;
documents obtained from recipients of permits, rights-of-way, public
land orders, or other Federal authorizations, and their agents,
contractors, and subcontractors, under the Trans-Alaska Pipeline
Authorization Act (Pub L. 93-153, 87 Stat. 576); and relevant
statistical data obtained from various sources.
(2) Systemic civil rights compliance reviews of recipients of
Federal assistance; information on recipient employees, contractors or
education instructor volunteers as contained in documents provided by
recipients; medical information; eligibility determinations impacting
complainants, witnesses or other parties; administrative subpoena
files; staff interviews, self-evaluation plans; records of physical or
mental impairments; racial/ethnic analyses of workforces and program
enrollees; sanction hearings; notice of violations; language assistance
plans; recipient staff interviews and interviews with members of the
public; appeal files; training programs; civil enforcement files;
environmental policies and program files.
(3) Any and all information contained on private individuals as
described in number 2 above, contained in records of accessibility or
other civil rights reviews pertaining to facilities owned and operated
by the Department of the Interior and its bureaus.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
Title VI and Title VII of the Civil Rights Act of 1964, as amended
(42 U.S.C. 2000d and 42 U.S.C. 2000e, et seq); Section 501, Section 504
and Section 508 of the Rehabilitation Act of 1973, as amended (29
U.S.C. 791, et seq) and its implementing regulations; the Age
Discrimination in Employment Act of 1967, as amended (29 U.S.C. 794, et
seq) and its implementing regulations; the Age Discrimination in
Employment Act of 1967, as amended (29 U.S.C. 621, et seq); Title IX of
the Education Amendments of 1972 (Pub. L. 92-318); Section 403 of the
Trans-Alaska Pipeline Authorization Act (Pub. L. 93-153.87 Stat. 576);
the Americans with Disabilities Act of 1990 (Pub. L. 101-336); the Age
Discrimination Act of 1975 (29 U.S.C. 621); the Architectural Barriers
Act of 1968 (Pub. L. 90-480); the Civil Rights Restoration Act of 1987
(Pub. L. 100-259); the Civil Rights Act of 1991 (Pub. L. 102-166); the
Health Insurance Portability and Accountability Act of 1196 (Pub. L.
104-191); and Department of the Interior Regulations at 43 CFR Parts 17
and 41; Presidential Executive Orders 12898, 13160, 13166, 13152 and
13145; 373 DM 8, dated July 1, 2005, and 373 DM 7, dated December 1,
1998.
ROUTINE USE OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSES OF SUCH USES:
The primary purpose of the system is:
(1) To investigate and resolve complaints of discrimination,
related to both employment civil rights and public civil rights.
(2) To compile statistical information on complaints of
discrimination.
(3) To conduct systemic civil rights compliance reviews of
recipients of Federal assistance.
(4) To conduct accessibility and other civil rights related
evaluations of Department of the Interior facilities.
Disclosures outside the Department of the Interior may be made:
(1) To other Federal agencies charged with the enforcement of equal
employment opportunity laws, orders and regulations, on a need-to-know
basis to assist these agencies in their enforcement activities.
(2) (a) To any of the following entities or individuals, when the
circumstances set forth in paragraph (b) are met:
(i) The U.S. Department of Justice (DOJ);
(ii) A court or an adjudicative or other administrative body;
(iii) A party in litigation before a court or an adjudicative or
other administrative body; or
(iv) Any DOI employee acting in his or her individual capacity if
DOI or DOJ has agreed to represent that employee or pay for private
representation of the employee;
(b) When:
(i) One of the following is a party to the proceeding or has an
interest in the proceeding:
(A) DOI or any component of DOI;
(B) Any other Federal agency appearing before the Office of
Hearings and Appeals;
(C) Any DOI employee acting in his or her official capacity;
(D) Any DOI employee acting in his or her individual capacity if
DOI or DOJ has agreed to represent that employee or pay for private
representation of the employee;
(E) The United States, when DOJ determines that DOI is likely to be
affected by the proceeding; and
(ii) DOI deems the disclosure to be:
(A) Relevant and necessary to the proceeding; and
(B) Compatible with the purpose for which the records were
compiled.
(3) To any criminal, civil, or regulatory law enforcement authority
(whether federal, state, territorial, local, tribal or foreign) when a
record, either alone or in conjunction with other information,
indicates a violation or potential violation of law--criminal, civil,
or regulatory in nature, and the disclosure is compatible with the
purpose for which the records were compiled.
(4) To a congressional office in response to a written inquiry that
an individual covered by the system, or the heir of such individual if
the covered individual is deceased, has made to the office.
(5) To an official of another federal agency to provide information
needed in the performance of official duties related to reconciling or
reconstructing data files or to enable that agency to respond to an
inquiry by the individual to whom the record pertains.
(6) To federal, state, territorial, local, tribal, or foreign
agencies that have requested information relevant or necessary to the
hiring, firing or retention of an employee or contractor, or the
issuance of a security clearance, license, contract, grant or other
benefit, when the disclosure is compatible with the purpose for which
the records were compiled.
(7) To representatives of the National Archives and Records
Administration to conduct records management inspections under the
authority of 44 U.S.C. 2904 and 2906.
(8) To state and local governments and tribal organizations to
provide information needed in response to court order and/or discovery
purposes related to litigation, when the disclosure is compatible with
the purpose for which the records were compiled.
(9) To an expert, consultant, or contractor (including employees of
the contractor) of DOI that performs services requiring access to these
records on DOI's behalf to carry out the purposes of the system.
(10) To appropriate agencies, entities, and persons when:
(a) It is suspected or confirmed that the security or
confidentiality of information in the system of records has been
compromised; and
(b) The Department has determined that as a result of the suspected
or confirmed compromise there is a risk of harm to economic or property
interest, identity theft or fraud, or harm to the security or integrity
of this system or other systems or programs (whether
[[Page 19090]]
maintained by the Department or another agency or entity) that rely
upon the compromised information; and
(c) The disclosure is made to such agencies, entities and persons
who are reasonably necessary to assist in connection with the
Department's efforts to respond to the suspected or confirmed
compromise and prevent, minimize, or remedy such harm.
(11) To the Office of Management and Budget during the coordination
and clearance process in connection with legislative affairs as
mandated by OMB Circular A-19.
(12) To the Department of the Treasury to recover debts owed to the
United States.
(13) To the news media when the disclosure is compatible with the
purpose for which the records were compiled.
DISCLOSURE TO CONSUMER REPORTING AGENCIES:
Pursuant to 5 U.S.C. 552a(b)(12), records can be disclosed to
consumer reporting agencies as they are defined in the Fair Credit
Reporting Act.
POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING,
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
Within the Departmental office, manual records are stored in file
folders in an Aisle Saver System manual storage system. An automated
complaints management information system is used to manage and track
the processing of complaints.
RETRIEVABILITY:
Records are retrieved by name and employing bureau of individuals
filing complaints, docket control number of complaints, and other
appropriate data fields.
SAFEGUARDS:
Access to records covered by the system will be permitted only to
authorized personnel on a need-to-know basis in accordance with
requirements found in the Departmental Privacy Act regulations (43 CFR
2.51). Records are maintained in accordance with safeguards meeting the
requirements of the Privacy Act of 1974, as amended (5 U.S.C. 552a) and
Departmental regulations (43 CFR part 2, subpart D). Standards for the
maintenance of records subject to the Privacy Act are described in
Departmental regulations (43 CFR 2.48) and involve the content of the
records, data collection practices, and the use, safeguarding, and
disposal of personal information in the records. Automated records are
maintained in conformance with safeguards based on recommendations of
the National Bureau of Standards contained in ``Computer Security
Guidelines for Implementing the Privacy Act of 1974'' (FIPS Pub.41, May
30, 1975). They are protected through user identification, passwords,
database permissions, and software controls. Such security measures
establish different degrees of access levels for different types of
users. A Privacy Impact Assessment was completed to ensure that Privacy
Act requirements and personally identifiable information safeguard
requirements are met. Within the Departmental office, manual records
are stored in a locked Aisle Saver System (file unit) in a room locked
with an off-master key. Within bureau offices, manual records are
maintained with appropriate administrative, technical, and physical
safeguards to insure their security and confidentiality. In all offices
where records are handled, posted warning signs remind employees of
access limitations, standards of conduct for employees handling Privacy
Act records, and possible criminal penalties for violation of security
regulations.
RETENTION AND DISPOSITION:
Records are retained and disposed of in compliance with the
National Archives and Records Administration's General Records Schedule
No. 1, Item No. 26.
SYSTEM MANAGER(S) AND ADDRESSES:
(1) Director, Office of Civil Rights, U.S. Department of the
Interior, 1849 C Street, NW., MS-5221 MIB, Washington, DC 20240: For
all discrimination complaints, accessibility reviews and civil rights
compliance reviews covered by the authorities listed above under
``Categories of Individuals Covered by the System.''
(2) Director, Alaska State Office, Bureau of Land Management, 222
West 7th Avenue, 13, Anchorage, Alaska 99513: For complaints
arising under section 493 of the Trans-Alaska Pipeline Authorization
Act (Pub. L. 93-153, 87 Stat. 576).
(3) Associate Solicitor, Division of General Law, Office of the
Solicitor, U.S. Department of the Interior, 1849 C Street, NW., MS-6530
MIB, Washington, DC 20240: For complaints of discrimination arising
under Title VII of the Civil Rights of 1964, as amended (42 U.S.C.
2000e) and related employment-related civil rights laws and
regulations, where the complaints are filed against the Departmental
Office of Civil Rights.
NOTIFICATION PROCEDURES:
Inquiries regarding the existence of records shall be addressed to
the appropriate System Manager. The request must be in writing, signed
by the requester, and meet the content requirements of 43 CFR 2.60.
RECORD ACCESS PROCEDURES:
A request for access to records shall be addressed to the
appropriate System Manager. The request must be in writing, signed by
the requester, and meet the content requirements of 43 CFR 2.63.
CONTESTING RECORDS PROCEDURES:
A request for an amendment of records shall be addressed to the
appropriate System Manager. The request must be in writing, signed by
the requester, and meet the content requirements of 43 CFR 2.71.
RECORD SOURCE CATEGORIES:
Complainants; recipients of permits, rights-of-way, public land
orders, or other Federal authorizations, and their agents, contractors,
subcontractors, and employees under section 403 of the Trans-Alaska
Pipeline Authorization Act (87 Stat. 576); administrators and
recipients of Government funds from programs administered by the
Department of the Interior; Federal, State, and local government
agencies; community, minority, civil rights, and women's organizations;
unions; Members of Congress and their staffs; bureaus and offices of
the Department of the Interior; and confidential informants, to the
extent they possess relevant data otherwise unavailable.
EXEMPTIONS CLAIMED FOR THE SYSTEM:
None.
[FR Doc. E8-7273 Filed 4-7-08; 8:45 am]
BILLING CODE 4310-RE-P