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[Federal Register: January 5, 2010 (Volume 75, Number 2)]
[Notices]               
[Page 404-409]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr05ja10-83]                         

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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.

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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

[[Page 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

[[Page 406]]

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

[[Page 407]]

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

[[Page 408]]

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 de-confliction 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

[[Page 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
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