[Federal Register Volume 75, Number 2 (Tuesday, January 5, 2010)]
[Notices]
[Pages 404-409]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-31269]
=======================================================================
-----------------------------------------------------------------------
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
[[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