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

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. 

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. 

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 

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 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. 

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 

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 is updating and 

reissuing a system of records notice 

titled, ‘‘Department of Homeland 

Security U.S. Immigration and Customs 


srobinson on DSKHWCL6B1PROD with PROPOSALS
Federal Register / Vol. 75, No. 2 / Tuesday, January 5, 2010 / Notices 405 

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 

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 

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

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. 

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 

(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 


srobinson on DSKHWCL6B1PROD with PROPOSALS
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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. 

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 

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. 

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 

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. 

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 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 

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: 

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. 

SYSTEM MANAGER AND ADDRESS: 

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. 

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 


srobinson on DSKHWCL6B1PROD with PROPOSALS
Federal Register / Vol. 75, No. 2 / Tuesday, January 5, 2010 / Notices 409 

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. 

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, 

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 

AGENCY: Privacy Office; DHS. 

ACTION: Notice of Privacy Act systems of 

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, 

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 


srobinson on DSKHWCL6B1PROD with PROPOSALS