External Investigations SORN (75 FR 404)

404

Federal Register / Vol. 75, No. 2 / Tuesday, January 5, 2010 / Notices

Division of Student Loans and
Scholarships (RPD)
Serves as the focal point for
overseeing loan and scholarship
programs supporting health
professionals. Specifically: (1) Directs
and administers the Health Professions
and Nursing Student Loan and
Scholarship Programs, the Federal
Assistance to Disadvantaged Health
Professions Scholarship Program, the
Health Educational Assistance Loan
Program, and the Primary Care Loan
Program; (2) monitors and assesses
educational and financial institutions
with respect to capabilities and
management of Federal support for
students and of tracking of obligatory
service requirements; (3) develops and
conducts training activities for staff of
educational and financial institutions;
(4) maintains liaison with and provides
assistance to program-related public and
private professional organizations and
institutions; (5) maintains liaison with
the Office of the General Counsel, and
the Office of the Inspector General,
DHHS, components of the Department
of Education and the Department of
Defense, and State agencies concerning
student assistance; (6) coordinates
financial aspects of programs with
educational institutions; and (7)
develops program data needs, formats,
and reporting requirements, including
collection, collation, analysis and
dissemination of data.

evaluates Bureau programs for
improving the availability and
accessibility of health careers for diverse
and disadvantaged populations; (4)
conducts special studies and collects
baseline data to identify specific factors
contributing to the health and healthrelated problems of diverse and
disadvantaged populations, and to
develop strategies for improving health
services and career opportunities for
diverse and disadvantaged populations;
(5) conducts extramural programs,
including the use of grants and
contracts, specifically designed to
promote equity in access to health
careers; (6) promotes, designs, supports
and administers activities relating to the
planning and development of nationally
integrated health professions education
programs; (7) promotes, plans and
develops collaborative, interdisciplinary
activities in the specialty areas of
behavioral/mental health, rural health,
geriatrics and the associated health
professions, and other new and
developing health disciplines; (8)
promotes quality improvement in health
professions education through
collaboration and partnerships with
national and international institutes and
centers for quality improvement; (9)
promotes and supports academiccommunity partnerships whose goal is
the development of interdisciplinary,
community-based programs designed to
improve access to health care through
improving the quality of health
professions education and training; (10)
serves as the Federal focus for the
development and improvement of
education for professional public health,
preventive medicine, environmental
health, and health administration
practice, including undergraduate,
graduate, and continuing professional
development; and (11) provides
administrative and staff support for the
Advisory Committee on
Interdisciplinary, Community-Based
Linkages.

Division of Diversity and
Interdisciplinary Education (RPF)
Serves as the principal focal point for
interdisciplinary health professions
issues and programs, including geriatric
training, and for activities to increase
the diversity of the health professional
workforce. Specifically: (1) Provides
leadership and direction for the
development and implementation of
Bureau objectives as they relate to
diverse and disadvantaged populations;
(2) develops and recommends health
resources and health career
opportunities for diverse and
disadvantaged populations; (3) initiates,
stimulates, supports, coordinates, and

Division of Practitioner Data Banks
(RPG)
Coordinates with the Department and
other Federal entities, State licensing
boards, and national, State and local
professional organizations to promote
quality assurance efforts and deter fraud
and abuse by administering the National
Practitioner Data Bank (NPDB) as
authorized under Title IV of the Health
Care Quality Improvement Act of 1986
and Section 5 of the Medicare and
Medicaid Patient and Program
Protection Act of 1987, and
administering the Healthcare Integrity
and Protection Data Bank (HIPDB) for
the Office of Inspector General.

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other governmental and private
organizations on the operation of these
educational programs; (16) promotes the
dissemination and application of
findings arising from programs
supported; (17) develops congressional
and other mandated or special programspecific reports and publications on
dental educational processes, programs
and approaches; and (18) promotes,
plans, and develops collaborative
educational activities in clinical
psychology.

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Specifically: (1) Maintains active
consultative relations with professional
organizations, societies, and Federal
agencies involved in the NPDB and
HIPDB; (2) develops, proposes and
monitors efforts for (a) credentials
assessment, granting of privileges, and
monitoring and evaluating programs for
physicians, dentists, and other health
care professionals including quality
assurance, (b) professional review of
specified medical events in the health
care system including quality assurance,
and (c) risk management and utilization
reviews; (3) encourages and supports
evaluation and demonstration projects
and research concerning quality
assurance, medical liability and
malpractice; (4) conducts and supports
research based on NPDB and HIPDB
information; (5) works with the
Secretary’s office to provide technical
assistance to States undertaking
malpractice reform; and (6) maintains
liaison with the Office of the General
Counsel and the Office of the Inspector
General, HHS, concerning practitioner
licensing and data bank issues.
Section RP–30, Delegations of Authority
All delegations of authority and redelegations of authority made to HRSA
officials that were in effect immediately
prior to this reorganization, and that are
consistent with this reorganization,
shall continue in effect pending further
re-delegation.
This reorganization is effective
January 4, 2010.
Dated: December 28, 2009.
Mary K. Wakefield,
Administrator.
[FR Doc. E9–31201 Filed 1–4–10; 8:45 am]
BILLING CODE 4165–15–P

DEPARTMENT OF HOMELAND
SECURITY
Office of the Secretary
[Docket No. DHS–2009–0127]

Privacy Act of 1974; Department of
Homeland Security U.S. Immigration
and Customs Enforcement—009
External Investigations System of
Records
Privacy Office, DHS.
Notice of Privacy Act system of

AGENCY:
ACTION:

records.
SUMMARY: In accordance with the
Privacy Act of 1974 the Department of
Homeland Security is updating and
reissuing a system of records notice
titled, ‘‘Department of Homeland
Security U.S. Immigration and Customs

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Federal Register / Vol. 75, No. 2 / Tuesday, January 5, 2010 / Notices
Enforcement—009 External
Investigations System of Records.’’
Categories of individuals, purpose, and
routine uses of the system of records
have been updated to clarify the nature
of the law enforcement investigatory
records maintained by U.S. Immigration
and Customs Enforcement. Specifically,
the amended system of records will
include certain investigatory records
that are generated prior to the creation
of an official case file, certain records
pertaining to immigration status
inquiries that do not constitute an
official criminal investigation, and
certain records pertaining to
immigration and criminal background
checks that are conducted on behalf of
the legislative and executive branches of
the U.S. Government. The Privacy Act
exemptions for this system go
unchanged and the Final Rule remains
in place. This updated system will
continue to be included the
Department’s inventory of record
systems.
DATES: Written comments must be
submitted on or before February 4, 2010.
This amended system will be effective
February 4, 2010.
ADDRESSES: You may submit comments,
identified by docket number DHS–
2009–0127 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: Lyn
Rahilly (202–732–3300), Privacy Officer,
U.S. Immigration and Customs
Enforcement, Washington, DC 20536.
For privacy issues please contact: Mary
Ellen Callahan (703–235–0780), Chief
Privacy Officer, Privacy Office, U.S.
Department of Homeland Security,
Washington, DC 20528.
SUPPLEMENTARY INFORMATION:
I. Background
U.S. Immigration and Customs
Enforcement (ICE) is the largest

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investigative branch of the Department
of Homeland Security (DHS). The
agency was created to more effectively
enforce our immigration and customs
laws and to protect the United States
against terrorist attacks. ICE does this by
targeting the people, money and
materials that support terrorism and
other criminal activities. ICE
investigates on its own and in
conjunction with other agencies a broad
range of illegal activities, such as
terrorism, organized crime, gangs, child
exploitation, and intellectual property
violations.
DHS is updating and reissuing a
system of records notice titled ‘‘DHS/
ICE—009 External Investigations System
of Records.’’ The purpose of this update
is to add and modify the categories of
individuals, purpose statement, and
routine uses for the system of records in
order to clarify the nature of the law
enforcement investigatory records
maintained by ICE. The general purpose
of this system of records is to document
external audits, inquiries and
investigations performed by ICE
pertaining to suspected violations of
laws regulating the movement of people
and goods into and out of the United
States in addition to other violations of
other laws within ICE’s jurisdiction; to
facilitate communication between ICE
and foreign and domestic law
enforcement agencies for the purpose of
enforcement and administration of laws,
including immigration and customs
laws; and to provide appropriate
notification to victims in accordance
with Federal victim protection laws.
With this amendment, the purpose
statement has been updated to include
the following: To support inquiries and
investigations performed to enforce the
administrative provisions of the
Immigration and Nationality Act (INA);
to support requests from the U.S.
Congress relating to potential recipients
of private immigration relief; and to
identify potential criminal activity,
immigration violations, and threats to
homeland security; to uphold and
enforce the law; and to ensure public
safety.
The legal authority for the operation
of this system is the Homeland Security
Act of 2002 (6 U.S.C. 201–203); the
Immigration and Nationality Act, as
amended (Title 8, United States Code,
‘‘Aliens and Nationality’’); Title 18,
United States Code, ‘‘Crimes’’; Title 19,
United States Code, ‘‘Customs Duties’’;
22 U.S.C. 2778; 40 U.S.C. 1315; 50
U.S.C. 1701 and 2410.
With this update and republication of
the DHS/ICE—009 External
Investigation System of Records, the
categories of records and individuals

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405

has been expanded to cover certain
investigatory records that are generated
prior to the creation of an official case
file, certain records pertaining to
immigration status inquiries that do not
constitute an official criminal
investigation, records pertaining to
employment eligibility inquiries and
investigations, records pertaining to law
enforcement investigations of U.S.
export control violations, and certain
records pertaining to immigration and
criminal background checks that are
conducted on behalf of the legislative
and executive branches of the U.S.
Government.
New routine uses are proposed to:
(1) Cover data sharing between ICE
and other Executive Branch
Departments for the purpose of
facilitating their missions, including the
Department of State (DOS) and the
Department of Justice’s (DOJ) Organized
Crime Drug Enforcement Task Force
(OCDETF) Program and the
International Organized Crime
Intelligence and Operations Center
(IOC–2). This routine use is compatible
with the general criminal and
immigration law enforcement purposes
of this system of records.
(2) Allow for sharing with Federal law
enforcement and/or regulatory agencies,
technical or subject matter experts, or
any other entities involved in or
assisting with ICE’s law enforcement
efforts pertaining to suspected or
confirmed export violations in
accordance with Federal export laws.
This routine use is compatible with the
purpose of the system of records in that
it allows ICE to obtain information
necessary to carry on its investigations
into violations of Federal export laws.
(3) Allow for sharing of information
with the U.S. Senate Committee on the
Judiciary or the U.S. House of
Representatives Committee on the
Judiciary and the Office of Management
and Budget (OMB) on individuals who
are potential recipients for private
immigration relief. This routine use is
compatible with the purpose of the
system of records in that it allows ICE
to provide information from this system
of records requested by Congress about
an individual Congress is considering
for private immigration relief.
(4) Allow data sharing between ICE
and other organizations for the purpose
of law enforcement intelligence. This
routine use is compatible with the
stated purpose of the system to identify
criminal activity and other threats and
to ensure public safety.
(5) Allow data sharing between ICE
and other law enforcement agencies for
the purpose of collaboration,
coordination, and de-confliction of

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cases. This routine use is compatible
with the stated purpose of the system to
identify criminal activity and other
threats and to ensure public safety.
An existing routine use is updated to
cover all potential data sharing partners
ICE may engage with, including
organizations and authorities that may
not be law enforcement agencies.
This system is exempt from certain
provisions of the Privacy Act to avoid
compromise of law enforcement
interests and information.
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 personally identifiable
information. 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
personally identifiable information is
put, and to assist individuals to more
easily find such files within the agency.
Below is the description of the DHS/
ICE—009 External Investigations System
of Records.
In accordance with 5 U.S.C. 552a(r),
DHS has provided a report of this
system of records to the Office of
Management and Budget (OMB) and to
Congress.
System of Records
DHS/ICE–009
SYSTEM NAME:

ICE External Investigations.

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SECURITY CLASSIFICATION:

Unclassified, and Law Enforcement
Sensitive (LES).
SYSTEM LOCATION:

Records are maintained at U.S.
Immigration and Customs Enforcement
Headquarters in Washington, DC and in
field offices.
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:

Categories of individuals covered by
this system include:
(1) Individuals who are the subjects of
current or previous law enforcement
investigations into violations of U.S.
customs and immigration laws, as well
as other laws and regulations within
ICE’s jurisdiction, including
investigations led by other domestic or
foreign agencies where ICE is providing
support and assistance;
(2) Individuals who are the subjects of
investigatory referrals from other
agencies, tips, and other leads acted on
by ICE pertaining to potential violations
of U.S. customs and immigration law, as
well as other laws and regulations
within ICE’s jurisdiction;
(3) Individuals who are or have been
the subject of inquiries or investigations
conducted by ICE related to the
enforcement of the employment control
provisions of the Immigration and
Nationality Act (INA) and related
criminal statutes including individuals
who are being investigated or have been
investigated to determine whether their
employment-related activities are in
violation of the employment control
provisions of the INA and/or related
criminal statutes; individuals who
employ others in their individual
capacity whether related to a business
activity or not; and individuals who
have submitted completed Form I–9
(Employment Eligibility Verification
Form) and other documentation to
establish identity and work eligibility/
authorization under the employment
control provisions of the INA;
(4) Individuals who are being
considered for private immigration
relief by the U.S. Senate Committee on
the Judiciary or the U.S. House of
Representatives Committee on the
Judiciary;
(5) Victims and witnesses in ICE law
enforcement investigations described
above;
(6) Fugitives with outstanding Federal
or State warrants;
(7) Operators of vehicles crossing U.S.
borders who are the subject of an ICE
investigation, including but not limited
to, drivers of automobiles, private yacht
masters, private pilots arriving in or
leaving the United States; and

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(8) Regulatory and licensing agency
personnel and other individuals who
are involved with or supporting law
enforcement investigations pertaining to
U.S. export control matters conducted
by ICE.
CATEGORIES OF RECORDS IN THE SYSTEM:

Categories of records in this system
may include:
Subject Information:
• Name and Aliases;
• Addresses;
• Social Security Number;
• Armed Forces Number;
• Alien Registration number;
• Date and place of birth;
• Citizenship;
• Passport and visa information;
• License information for owners and
operators of vehicles, aircraft, and
vessels;
• Information related to the subject’s
entry and exit of the United States; and
• Other biographical information.
Victim and Witness Records:
• Name;
• Contact information, including
address and telephone numbers;
• Sworn statements, reports of
interview, and testimony; and
• Other relevant biographical and
background information, such as
employment, and education.
Investigatory and Evidentiary
Records:
• ICE case number;
• Incident reports;
• I–9 Forms and other records
pertaining to employment control
audits, inquiries, and investigations;
• Reports and memoranda prepared
by investigators during the course of the
investigation or received from other
agencies participating in or having
information relevant to the
investigation;
• Law enforcement intelligence
reports;
• Electronic surveillance reports;
• Asset ownership information such
as registration data and license data, for
vehicles, vessels, merchandise, goods
and other assets;
• Information about duties and
penalties owed, assessed, and paid;
• Information about goods and
merchandise, such as import and export
forms and declarations filed, lab or
analytical reports, valuation and
classification of goods, and other
relevant data;
• Correspondence and court filings;
• Information received from other
governmental agencies, confidential
sources, and other sources pertaining to
an investigation, as well as investigatory
referrals from other agencies, tips, and
other leads pertaining to potential

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violations of U.S. customs and
immigration law, as well as other laws
and regulations within ICE’s
jurisdiction; and
• Any other evidence in any form,
including papers, photographs,
electronic recordings, electronic data, or
video records that was obtained, seized,
or otherwise lawfully acquired from any
source during the course of the
investigation.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:

5 U.S.C. 301; 6 U.S.C. 201–203; 18
U.S.C. 554; 19 U.S.C. 66; 19 U.S.C. 1431;
19 U.S.C. 1603; 19 U.S.C. 2072; 22
U.S.C. 2778; 40 U.S.C. 1315; 50 U.S.C.
1701; 50 U.S.C. 2410; Title 18, United
States Code; Title 19, United States
Code; 31 CFR part 103; Title 40 United
States Code.
PURPOSE(S):

(1) To document external audits,
inquiries and investigations performed
by ICE pertaining to suspected
violations of laws regulating the
movement of people and goods into and
out of the United States in addition to
other violations of other laws within
ICE’s jurisdiction;
(2) To facilitate communication
between ICE and foreign and domestic
law enforcement agencies for the
purpose of enforcement and
administration of laws, including
immigration and customs laws;
(3) To provide appropriate
notification to victims in accordance
with Federal victim protection laws;
(4) To support inquiries and
investigations performed to enforce the
administrative provisions of the INA;
(5) To support requests from the U.S.
Senate Committee on the Judiciary and
the U.S. House of Representatives
Committee on the Judiciary relating to
proposed recipients of private
immigration relief; and
(6) To identify potential criminal
activity, immigration violations, and
threats to homeland security; to uphold
and enforce the law; and to ensure
public safety.

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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 of 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 or
other Federal agency conducting
litigation or in proceedings before any

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court, adjudicative or administrative
body, when:
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 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) 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 are
subject to the same Privacy Act
requirements and limitations on
disclosure as are applicable to DHS
officers and employees.

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407

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 an appropriate Federal, State,
local, Tribal, foreign, or international
agency, if the information is relevant
and necessary to a requesting agency’s
decision concerning the hiring or
retention of an individual, or issuance
of a security clearance, license, contract,
grant, or other benefit, or if the
information is relevant and necessary to
a DHS decision concerning the hiring or
retention of an employee, the issuance
of a security clearance, the reporting of
an investigation of an employee, the
letting of a contract, or the issuance of
a license, grant or other benefit and
disclosure is appropriate to the proper
performance of the official duties of the
person making the request.
I. To a court, magistrate, or
administrative tribunal in the course of
presenting evidence, including
disclosures to opposing counsel or
witnesses in the course of civil
discovery, litigation, or settlement
negotiations or in connection with
criminal law proceedings or in response
to a subpoena.
J. To third parties during the course
of a law enforcement investigation to
the extent necessary to obtain
information pertinent to the
investigation, provided disclosure is
appropriate to the proper performance
of the official duties of the officer
making the disclosure.
K. To an appropriate Federal law
enforcement and/or regulatory agency,
technical or subject matter expert, or
any other entity involved in or assisting
with law enforcement efforts pertaining
to suspected or confirmed export
violations in accordance with Federal
export laws, including the Arms Export
Control Act, 22 U.S.C. 2778 and the
Export Administration Act, 50 U.S.C.
2410.
L. To Federal and foreign government
intelligence or counterterrorism
agencies or components where DHS
becomes aware of an indication of a
threat or potential threat to national or
international security, or where such
use is to assist in anti-terrorism efforts
and disclosure is appropriate to the

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proper performance of the official duties
of the person making the disclosure.
M. To victims regarding custodial
information, such as release on bond,
order of supervision, removal from the
U.S., or death in custody, about an
individual who is the subject of a
criminal or immigration investigation,
proceeding, or prosecution.
N. To any person or entity to the
extent necessary to prevent immediate
loss of life or serious bodily injury, such
as disclosure of custodial release
information to witnesses who have
received threats from individuals in
custody;
O. To international, foreign, and
intergovernmental agencies, authorities,
and organizations in accordance with
law and formal or informal international
arrangements.
P. To a public or professional
licensing organization when such
information indicates, either by itself or
in combination with other information,
a violation or potential violation of
professional standards, or reflects on the
moral, educational, or professional
qualifications of an individual who is
licensed or who is seeking to become
licensed.
Q. To a Federal, State, Tribal, local or
foreign government agency or
organization, or international
organization, lawfully engaged in
collecting law enforcement intelligence
information, whether civil or criminal,
or charged with investigating,
prosecuting, enforcing or implementing
civil or criminal laws, related rules,
regulations or orders, to enable these
entities to carry out their law
enforcement responsibilities, including
the collection of law enforcement
intelligence.
R. To the Department of State when
it requires information to consider
and/or provide an informed response to
a request for information from a foreign,
international, or intergovernmental
agency, authority, or organization about
an alien or an enforcement operation
with transnational implications.
S. To a criminal, civil, or regulatory
law enforcement authority (whether
Federal, State, local, territorial, Tribal,
international, or foreign) where the
information is necessary for
collaboration, coordination, and deconfliction of investigative matters, to
avoid duplicative or disruptive efforts,
and for the safety of law enforcement
officers who may be working on related
investigations.
T. To the Department of Justice to
facilitate the missions of the Organized
Crime Drug Enforcement Task Force
(OCDETF) Program and the
International Organized Crime

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Intelligence and Operations Center
(IOC–2).
U. To the U.S. Senate Committee on
the Judiciary or the U.S. House of
Representatives Committee on the
Judiciary when necessary to inform
members of Congress about an alien
who is being considered for private
immigration relief.
V. To the Office of Management and
Budget (OMB) in connection with the
review of private relief legislation as set
forth in OMB Circular No. A–19 at any
stage of the legislative coordination and
clearance process as set forth in the
Circular.
W. 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.

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. The system
maintains a real-time auditing function
of individuals who access the system.
Additional safeguards may vary by
component and program.
RETENTION AND DISPOSAL:

POLICIES AND PRACTICES FOR STORING,
RETRIEVING, ACCESSING, RETAINING, AND
DISPOSING OF RECORDS IN THE SYSTEM:

Investigative files concerning
munitions control cases are permanent
records that are transferred to the
Federal Records Center after one year,
and then transferred to the National
Archives and Records Administration
(NARA) fifteen years after case closure.
Records for other closed investigative
cases are maintained in the investigating
ICE Headquarters or field office for
either one year or five years after the
end of the fiscal year in which the
related investigative file is closed,
depending on the category of the case.
Those records are then transferred to the
Federal Records Center where they are
held for periods of time ranging from
five to twenty-five years, depending on
the category of the case, after which
they are destroyed. Destruction is by
burning or shredding. DHS is proposing
to retain electronic records associated
with law enforcement investigations for
seventy-five years after case closure,
after which they will be destroyed. An
updated schedule for investigative
records is under review and will be
submitted to NARA for approval.

STORAGE:

SYSTEM MANAGER AND ADDRESS:

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.

Immigration and Customs
Enforcement, Mission Support Division,
Unit Chief, Executive Information
Unit/Program Management Oversight
(EIU/PMO), Potomac Center North, 500
12th Street, SW., Washington, DC
20536.

DISCLOSURE TO CONSUMER REPORTING
AGENCIES:

None.

RETRIEVABILITY:

Records are retrieved by individual’s
name, date of birth, ICE investigative
file number, Social Security Number,
driver’s license number, pilot’s license
number, vehicle license plate number,
address, home telephone number,
passport number, citizenship, country of
birth, armed forces number, and date of
entry into the United States.
SAFEGUARDS:

Records in this system are
safeguarded in accordance with
applicable rules and policies, including
all applicable DHS automated system
security access policies. Strict controls
have been imposed to minimize the risk
of compromising the information that is
being stored. Access to the computer
system containing the records in this

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NOTIFICATION PROCEDURE:

The Secretary of Homeland Security
has exempted this system from the
notification, access, and amendment
procedures of the Privacy Act because it
is a law enforcement system. However,
ICE will consider 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 U.S.
Immigration and Customs Enforcement
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

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Federal Register / Vol. 75, No. 2 / Tuesday, January 5, 2010 / Notices
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–0550, 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.

srobinson on DSKHWCL6B1PROD with PROPOSALS

RECORD SOURCE CATEGORIES:

ICE may receive information in the
course of its law enforcement
investigations from nearly any source.
Sources of information include:
domestic and foreign governmental and
quasi-governmental agencies and data
systems, public records, commercial
data aggregators, import and export
records systems, immigration and alien
admission records systems, members of
the public, subjects of investigation,

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victims, witnesses, confidential sources,
and those with knowledge of the alleged
activity.
EXEMPTIONS CLAIMED FOR THE SYSTEM:

The Secretary of Homeland Security
has exempted this system from the
following provisions of the Privacy Act,
subject to the limitations set forth in 5
U.S.C. 552a(c)(3) and (4); (d); (e)(1),
(e)(2), (e)(3), (e)(4)(G), (e)(4)(H), (e)(5)
and (e)(8); (f); and (g) of the Privacy Act
pursuant to 5 U.S.C. 552a(j)(2).
Additionally, the Secretary of Homeland
Security has exempted this system from
the following provisions of the Privacy
Act, subject to the limitation set forth in
5 U.S.C. 552a(c)(3) and (4); (d); (e)(1),
(e)(2), (e)(3), (e)(4)(G), (e)(4)(H), (e)(5)
and (e)(8); (f); and (g) of the Privacy Act
pursuant to 5 U.S.C. 552a(k)(2). To the
extent a record contains information
from other exempt systems of records,
ICE will rely on the exemptions claimed
for those systems.
Dated: December 29, 2009.
Mary Ellen Callahan,
Chief Privacy Officer, Department of
Homeland Security.
[FR Doc. E9–31269 Filed 1–4–10; 8:45 am]
BILLING CODE 9111–28–P

DEPARTMENT OF HOMELAND
SECURITY
Office of the Secretary
[Docket No. DHS–2009–0123]

Privacy Act of 1974; United States
Citizenship and Immigration
Services—010 Asylum Information and
Pre-Screening System of Records
Privacy Office; DHS.
Notice of Privacy Act systems of

AGENCY:
ACTION:

records.
SUMMARY: In accordance with the
Privacy Act of 1974, the Department of
Homeland Security proposes to add a
new system of records to the
Department of Homeland Security’s
inventory, entitled Unites States
Citizenship and Immigration Services010 Asylum Information and PreScreening System of Records. This new
system of records is composed of two
existing legacy IT systems: The
Refugees, Asylum, and Parole System
and the Asylum Pre-Screening System.
Refugees, Asylum, and Parole System
and Asylum Pre-Screening System have
been in operation prior to the
publication of this system of records
notice as both systems were deemed to
contain active records for only nonUnited States citizens and non-legal
permanent residents. Refugees, Asylum,

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409

and Parole System and Asylum PreScreening System are used to capture
information pertaining to asylum
applications, credible fear and
reasonable fear screening processes, and
applications for benefits provided by
Section 203 of the Nicaraguan
Adjustment and Central American
Relief Act. This newly established
system will be included in the
Department of Homeland Security’s
inventory of record systems.
DATES: Submit comments on or before
February 4, 2010. This new system will
be effective February 4, 2010.
ADDRESSES: You may submit comments,
identified by Docket Number DHS–
2009–0123, 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 notice. 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: United
States Citizenship and Immigration
Services (202–272–1663), 20
Massachusetts Avenue, NW., 3rd Floor,
Washington, DC 20529. For privacy
issues please contact: Mary Ellen
Callahan (703–235–0780), Chief Privacy
Officer, Privacy Office, U.S. Department
of Homeland Security, Washington, DC
20528.
SUPPLEMENTARY INFORMATION:
I. Background
As set forth in section 451(b) of the
Homeland Security Act of 2002,
Congress charged United States
Citizenship and Immigration Services
(USCIS) with the administration of the
asylum program, which provides
protection to qualified individuals in
the United States who have suffered
past persecution or have a well-founded
fear of future persecution in their
country of origin as outlined under 8
CFR part 208. USCIS is also responsible
for the adjudication of the benefit
program established by section 203 of
the Nicaraguan Adjustment and Central
American Relief Act (NACARA 203), in

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