[Federal Register Volume 85, Number 225 (Friday, November 20, 2020)]
[Notices]
[Pages 74362-74367]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-25619]


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DEPARTMENT OF HOMELAND SECURITY

[Docket No. ICEB-2020-0002]


Privacy Act of 1974; System of Records

AGENCY: U.S. Immigration and Customs Enforcement, U.S. Department of 
Homeland Security.

ACTION: Notice of a Modified System of Records.

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SUMMARY: In accordance with the Privacy Act of 1974, the U.S. 
Department of Homeland Security (DHS) proposes to modify and reissue a 
current system of records titled, ``DHS/U.S. Immigration and Customs 
Enforcement (ICE)-009 External Investigations System of Records.'' This 
system of records allows the DHS/ICE to collect and maintain records by 
ICE Homeland Security Investigations (HSI). This system of records 
covers information related to external audits, inquiries, and 
investigations pertaining to suspected violations of laws regulating 
the movement of people and goods into and out of the United States. 
DHS/ICE is updating this system of records to revise the purpose, 
update and expand the category of individuals, add new categories of 
records, modify and add to routine uses, update the records retention 
policies, and make non-substantive formatting changes.

DATES: Submit comments on or before December 21, 2020. This modified 
system will be effective upon publication. New or modified routine uses 
will become effective December 21, 2020.

ADDRESSES: You may submit comments, identified by docket number ICEB-
2020-0002 by one of the following methods:
     Federal e-Rulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     Fax: 202-343-4010.
     Mail: Constantina Kozanas, Chief Privacy Officer, Privacy 
Office, U.S. Department of Homeland Security, Washington, DC 20528-
0655.
    Instructions: All submissions received must include the agency name 
and docket number ICEB-2020-0002. 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: 
Jordan Holz, (202) 732-3300, Privacy Officer, U.S. Immigration and 
Customs Enforcement (ICE), 500 12th Street SW, Mail Stop 5004, 
Washington, DC 20536. For privacy questions, please contact: 
Constantina Kozanas, (202) 343-1717, [email protected], Chief Privacy 
Officer, Privacy Office, U.S. Department of Homeland Security, 
Washington, DC 20528-0655.

SUPPLEMENTARY INFORMATION:

I. Background

    In accordance with the Privacy Act of 1974, 5 U.S.C. 552a, DHS/ICE 
proposes to modify and reissue a current DHS system of records notice 
(SORN) titled, ``DHS/ICE-009 External Investigations System of 
Records.'' DHS/ICE is updating this system of records to better reflect 
and clarify the nature of law enforcement investigatory records 
collected, maintained, and shared by ICE.
    The purpose of this system of records is to collect and maintain 
records related to external investigations and support conducted by ICE 
offices, primarily HSI. ICE/HSI is the largest investigative branch of 
the DHS. The agency was created to more effectively enforce 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.
    This system of records covers information related to external 
audits, inquiries, and investigations pertaining to suspected 
violations of laws regulating the movement of people and goods into and 
out of the United States. For example, this system of records will 
include investigatory records that are generated prior to the creation 
of an official case file, and records pertaining to immigration status 
inquiries that do not constitute an official criminal investigation.
    This system of records was also used to support information 
requests from the U.S. Congress relating to potential recipients of 
private immigration relief. That purpose has since been transferred to 
the DHS/ICE-011 Criminal Arrest Records and Immigration Enforcement 
Records (CARIER) System of Records (see 81 FR 72080 (October 19, 
2016)). This update modifies the system of records notice to excise the 
stated purpose, category of individuals, and routine use that related 
to supplying information to assist with private immigration relief.
    The following list includes the full explanation of changes to this 
system of records notice:
    (1) The category of individuals in this system of records has been 
modified to include family members and known associates of a subject of 
investigation, as well as individuals and third-party record holders 
who are served administrative subpoenas and summonses for the 
production of records and testimony.
    (2) The category of records has been modified to include criminal 
history, immigration status and history, biometrics (e.g., facial 
images, iris images, and fingerprints), record holder information 
(e.g., biographical, contact), information derived from location 
tracking tools, License Plate Reader (LPR) information, social media 
information, suspicious financial activity, currency transaction 
reports, currency or monetary instrument reports, email addresses and 
the contents of email records, unique numerical identifiers assigned to 
biometrics, telecommunication device identifiers, telecommunications 
usage data, call and subscriber records, banking records, travel 
history records, and the statements of targets and witnesses. The 
categories of records will also include information pertaining to DNA 
tests conducted by ICE to verify a familial relationship.

[[Page 74363]]

    (3) DHS is modifying Routine Use E and adding Routine Use F to 
conform to the Office of Management and Budget (OMB) Memorandum M-17-12 
``Preparing for and Responding to a Breach of Personally Identifiable 
Information,'' (Jan. 3, 2017).
    (4) ICE is also adding Routine Uses I, T, and U. Routine uses 
following Routine Use E are being renumbered to account for these 
additional routine uses. The following routine uses were added to:
    [cir] (I) Allow data sharing between ICE and other federal agencies 
for a statistical or research purpose, including the development of 
methods or resources to support statistical or research activities.
    [cir] (T) Allow sharing between ICE and the Department of State 
(DOS) in order to support DOS in making accurate passport and visa 
issuance, reissuance or revocation determinations;
    [cir] (U) Allow data sharing between ICE and federal, state, local, 
tribal, territorial, international, or foreign government agencies or 
multinational governmental organizations when DHS desires to exchange 
relevant data for the purpose of developing, testing, or implementing 
new software or technology whose purpose is related to the purpose of 
this system of records.
    (5) ICE is removing a routine use listed in the previous SORN as 
Routine Use N, which permitted sharing 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. This 
routine use was found to be duplicative of other routine uses, and has 
been removed.
    (6) Additionally, DHS/ICE is making non-substantive edits to the 
routine uses to align with previously published Department of Records 
Notices and in accordance with Appendix I to OMB Circular A-130, 
Federal Agency Responsibilities for Maintaining Records About 
Individuals.
    (7) DHS/ICE is also correcting the records retention schedule for 
the system of records from 75 years, as stated in the previous 
publication of this SORN, to 20 years. The former retention schedule 
was approved by the National Archives and Records Administration (NARA) 
for U.S. Customs, before ICE was created. The corrected schedule 
currently controls ICE records management, but ICE is in the process of 
creating a new schedule for approval by NARA.
    Lastly, this notice includes non-substantive changes to simplify 
formatting and text of the previously published notice.

II. Privacy Act

    The Privacy Act embodies fair information principles in a statutory 
framework governing the means by which Federal Government agencies 
collect, maintain, use, and disseminate individuals' records. 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 from 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. Additionally, the Judicial Redress Act (JRA) 
provides covered persons with a statutory right to make requests for 
access and amendment to covered records, as defined by the JRA, along 
with judicial review for denials of such requests. In addition, the JRA 
prohibits disclosures of covered records, except as otherwise permitted 
by the Privacy Act. 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 NAME AND NUMBER:
    U.S. Department of Homeland Security (DHS)/Immigration and Customs 
Enforcement (ICE)-009 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.

SYSTEM MANAGER(S):
    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.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    5 U.S.C. 301; 6 U.S.C. 201-203; 8 U.S.C. 1357; 18 U.S.C. 116; 18 
U.S.C. 554; 18 U.S.C. 1091; 18 U.S.C. 2340A; 18 U.S.C. 2441; 18 U.S.C. 
2442; 18 U.S.C. 2518; 19 U.S.C. 66; 19 U.S.C. 1431; 19 U.S.C. 1509; 19 
U.S.C. 1603; 19 U.S.C. 2072; 21 U.S.C. 967; 22 U.S.C. 2778; 40 U.S.C. 
1315; 50 U.S.C. 1701; 50 U.S.C. 2410; 50 U.S.C. 2411; other applicable 
authorities from Title 18, United States Code; and Title 19, United 
States Code as delegated by the Secretary of Homeland Security under 
his or her authority granted by the Homeland Security Act of 2002 (Pub. 
L. 107-296); 31 CFR part 103; Title 40 United States Code; INA 
235(d)(4)(A); and INA 274A(e)(2)(C).

PURPOSE OF THE SYSTEM:
    (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; and (5) 
To identify potential criminal activity, immigration violations, and 
threats to homeland security; to uphold and enforce the law; and to 
ensure public safety.

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 in which ICE 
is providing support and assistance; (2) Individuals who are the 
subjects of investigatory

[[Page 74364]]

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) 
Family and known associates of subjects of investigation; (5) Victims 
and witnesses in ICE law enforcement investigations described above; 
(6) Individuals and third-party record holders who are served 
administrative subpoenas and summonses for the production of records or 
testimony; (7) Fugitives with outstanding federal or state warrants; 
(8) Operators of vehicles crossing U.S. borders who are the subject of 
an ICE investigation, including drivers of automobiles, private yacht 
masters, private pilots arriving in or leaving the United States; and 
(9) 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 Records:
     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;
     Criminal history;
     Immigration status and history;
     Employment history or business information;
     Information related to the subject's entry and exit of the 
United States;
     Other biographical information;
     IP address;
     Social media account information and publicly available 
social media posts;
     Biometric information, including facial images, iris 
images, fingerprints, and voice audio;
     Suspicious financial activity, currency transaction 
reports, and currency or monetary instrument reports; and
     Information related to whether individuals have a verified 
familial relationship based on DNA test results.
    Associate, Victim, and Witness Records:
     Name;
     Contact information, including address and telephone 
numbers;
     Alien Registration number;
     Date and place of birth;
     Citizenship;
     Passport and visa information;
     Biometric information, including facial images, iris 
images, fingerprints, and voice audio;
     Sworn statements, reports of interview, and testimony;
     Relationship to subject of the investigation;
     Social media handles or account names and publicly 
available social media posts;
     Victim services needed; and
     Other relevant biographical and background information, 
such as employment and education.
    Location-Related Records:
     Location tracking tools that maintain a list of tracking 
devices by serial number/Mobile Directory Number (MDN)/International 
Mobile Equipment Identity (IMEI)/Mobile Equipment ID (MEID), and their 
current locations using Global Positioning System (GPS) and/or assisted 
Cellular Tower coordinates. These location tracking tools are deployed 
on targets of investigations, vehicles of interest in investigations, 
contraband, but also on the official vehicles owned by ICE and used by 
agents and officers in the field;
     License Plate Reader (LPR) information, including images 
of vehicles license plates associated with a target of investigation (a 
person or vehicle), date and time of image capture, and GPS coordinates 
for the location where the license plate was photographed;
    Third-Party Records Holders:
     Name;
     Date of birth;
     Contact information, including address and telephone 
numbers;
     Social Security number, Alien Number, tax information 
number, or other personal identification numbers;
     Importer and exporter numbers;
     internet protocol (IP) addresses and uniform resource 
locators (URLs);
     Bank account numbers;
     Device identifiers and serial numbers.
    Investigatory and Evidentiary Records:
     ICE case number;
     Unique numerical identifiers assigned to biometrics for 
administrative purposes;
     Identifying information of assigned ICE personnel, 
including name, badge number, and contact information;
     Incident reports;
     Complaint forms and other records pertaining to potential 
or actual intellectual property crimes;
     I-9 Forms and other records pertaining to employment 
control audits, inquiries, and investigations;
     Emails;
     Telecommunication device identifiers;
     Telecommunications usage data;
     Call and subscriber records;
     Banking records;
     Travel history records;
     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;
     Statements of targets and witnesses;
     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 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, video, electronic recordings, electronic data, or video 
records that was obtained, seized, or otherwise lawfully acquired from 
any source during the course of the investigation, to the extent 
relevant and

[[Page 74365]]

necessary for the performance of ICE's statutory enforcement 
authorities.

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, publicly available social media, 
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.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USES AND 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, Offices of the U.S. Attorney, or 
other federal agencies conducting litigation or in proceedings before 
any court, adjudicative, or administrative body, when it is relevant or 
necessary to the litigation and one of the following is a party to the 
litigation or has an interest in such litigation:
    1. DHS or any component thereof;
    2. Any employee or former employee of DHS in his/her official 
capacity;
    3. Any employee or former employee of DHS in his/her individual 
capacity, only when DOJ or DHS has agreed to represent the employee; or
    4. The United States or any agency thereof.
    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 (NARA) or 
the General Services Administration pursuant to records management 
inspections being conducted under the authority of 44 U.S.C. secs. 2904 
and 2906.
    D. To an agency or organization 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 there has been a breach of the system of 
records; (2) DHS has determined that as a result of the suspected or 
confirmed breach there is a risk of harm to individuals, DHS (including 
its information systems, programs, and operations), the Federal 
Government, or national security; 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 
breach or to prevent, minimize, or remedy such harm.
    F. To another Federal agency or Federal entity, when DHS determines 
that information from this system of records is reasonably necessary to 
assist the recipient agency or entity in (1) responding to a suspected 
or confirmed breach or (2) preventing, minimizing, or remedying the 
risk of harm to individuals, the recipient agency or entity (including 
its information systems, programs, and operations), the Federal 
Government, or national security, resulting from a suspected or 
confirmed breach.
    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 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.
    I. To a federal agency for a statistical or research purpose, 
including the development of methods or resources to support 
statistical or research activities, provided that the records support 
DHS programs and activities that relate to the purpose(s) stated in 
this SORN, and will not be used in whole or in part in making any 
determination regarding an individual's rights, benefits, or privileges 
under federal programs, or published in any manner that identifies an 
individual.
    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 federal law enforcement and/or regulatory agencies, 
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. sec. 2778 and the 
Export Administration Act, 50 U.S.C. sec. 2410.
    L. To federal and foreign government intelligence or 
counterterrorism agencies or components when DHS becomes aware of an 
indication of a threat or potential threat to national or international 
security, or when such disclosure is to support the conduct of national 
intelligence and security investigations or to assist in anti-terrorism 
efforts.
    M. To victims regarding custodial information, such as release on 
bond, order of supervision, removal from the United States, or death in 
custody, about an individual who is the subject of a criminal or 
immigration investigation, proceeding, or prosecution.
    N. To international, foreign, intergovernmental, and multinational 
government agencies, authorities, and organizations in accordance with 
law and formal or informal international arrangements.
    O. 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.
    P. To federal, state, local, tribal, territorial, or foreign 
government agencies or organizations, or international organizations, 
lawfully engaged in collecting law enforcement intelligence, whether 
civil or criminal, to enable these entities to carry out their law 
enforcement responsibilities, including the collection of law 
enforcement intelligence.
    Q. 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

[[Page 74366]]

an alien or an enforcement operation with transnational implications.
    R. To federal, state, local, territorial, tribal, international, or 
foreign criminal, civil, or regulatory law enforcement authorities when 
the information is necessary for collaboration, coordination, and de-
confliction of investigative matters, prosecutions, and/or other law 
enforcement actions to avoid duplicative or disruptive efforts and to 
ensure the safety of law enforcement officers who may be working on 
related law enforcement matters.
    S. 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).
    T. To the Department of State for use in passport and visa 
revocation, issuance, or reissuance determinations.
    U. To appropriate federal, state, local, tribal, or foreign 
governmental agencies or multilateral governmental organizations, with 
the approval of the Chief Privacy Officer, when DHS is aware of a need 
to use relevant data for purposes of testing new technology to be used 
by or on behalf of DHS.
    V. 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, when 
disclosure is necessary to preserve confidence in the integrity of DHS, 
or when disclosure is necessary to demonstrate the accountability of 
DHS's officers, employees, or individuals covered by the system, except 
to the extent the Chief Privacy Officer determines that release of the 
specific information in the context of a particular case would 
constitute an unwarranted invasion of personal privacy.

POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
    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.

POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
    Records are retrieved by individual's name, date of birth, ICE 
investigative file number, Social Security number, numerical 
identifiers assigned to biometrics collected (e.g., fingerprint ID 
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.

POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
    Investigative files concerning munitions control cases are 
permanent records that are transferred to the Federal Records Center 
after one year, and then transferred to NARA fifteen years after case 
closure, in accordance with legacy Customs schedule N1-36-86-1/162.38. 
Records for all other closed investigative cases are retained for 20 
years in accordance with legacy customs schedule N1-36-86-1-161.3 (inv 
7B). Destruction is by burning or shredding. An updated schedule for 
investigative records will be developed and submitted to NARA for 
approval.

ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
    DHS/ICE safeguards records in this system according to applicable 
rules and policies, including all applicable DHS automated system 
security and access policies. DHS/ICE has imposed strict controls 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.

RECORD ACCESS PROCEDURES:
    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 Freedom of Information Act (FOIA) Officer, whose contact 
information can be found at http://www.dhs.gov/foia under ``Contact 
Information.'' If an individual believes more than one component 
maintains Privacy Act records concerning him or her, the individual may 
submit the request to the Chief Privacy Officer and Chief Freedom of 
Information Act Officer, U.S. Department of Homeland Security, 245 
Murray Drive SW, Building 410, STOP-0550, Washington, DC 20528. Even if 
neither the Privacy Act nor the Judicial Redress Act provides a right 
of access, certain records about you may be available under the Freedom 
of Information Act.
    When an individual is seeking records about himself or herself from 
this system of records or any other Departmental system of records, the 
individual's request must conform with the Privacy Act regulations set 
forth in 6 CFR part 5. The individual must first verify his/her 
identity, meaning that the individual must provide his/her full name, 
current address, and date and place of birth. The individual must sign 
the request, and the individual's 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/foia or 1-866-431-0486. In addition, the 
individual should:
     Explain why he or she believes the Department would have 
information being requested;
     Identify which component(s) of the Department he or she 
believes may have the information;
     Specify when the individual believes the records would 
have been created; and
     Provide any other information that will help the FOIA 
staff determine which DHS component agency may have responsive records.
    If the request is seeking records pertaining to another living 
individual, the request must include an authorization from the 
individual whose record is being requested, authorizing the release to 
the requester.
    Without the above information, the component(s) may not be able to 
conduct an effective search, and the individual's request may be denied 
due to lack of specificity or lack of compliance with applicable 
regulations.

CONTESTING RECORD PROCEDURES:
    For records covered by the Privacy Act or covered JRA records, 
individuals may make a request for amendment or correction of a record 
of the Department about the individual by writing directly to the 
Department component that maintains the record, unless the record is 
not subject to amendment or correction. The request should identify 
each particular record in question, state the amendment or correction 
desired, and state why the individual believes

[[Page 74367]]

that the record is not accurate, relevant, timely, or complete. The 
individual may submit any documentation that would be helpful. If the 
individual believes that the same record is in more than one system of 
records, the request should state that and be addressed to each 
component that maintains a system of records containing the record.
    Individuals who wish to contest the accuracy of records in this 
system of records should submit these requests to the Privacy Division 
of the ICE Information Governance & Privacy Office. Requests must 
comply with verification of identity requirements set forth in 
Department of Homeland Security Privacy Act regulations at 6 CFR 
5.21(d). Please specify the nature of the complaint and provide any 
supporting documentation. By mail (please note substantial delivery 
delays exist): ICE Information Governance & Privacy Office, ATTN: 
Privacy Division, 500 12th Street SW, Mail Stop 5004, Washington, DC 
20536. By email: [email protected].
    Please contact the Privacy Division with any questions about 
submitting a request at (202) 732-3300 or [email protected].

NOTIFICATION PROCEDURES:
    See ``Record Access Procedures'' above.

EXEMPTIONS PROMULGATED FOR THE SYSTEM:
    The Secretary of Homeland Security, pursuant to 5 U.S.C. 
552a(j)(2), has exempted this system from the following provisions of 
the Privacy Act: 5 U.S.C. 552a(c)(3), (c)(4); (d); (e)(1), (e)(2), 
(e)(3), (e)(4)(G), (e)(4)(H), (e)(5), and (e)(8); (f); and (g). 
Additionally, the Secretary of Homeland Security, pursuant to 5 U.S.C. 
552a(k)(2), has exempted this system from the following provisions of 
the Privacy Act: 5 U.S.C. 552a(c)(3); (d); (e)(1), (e)(4)(G), and 
(e)(4)(H); and (f). To the extent a record contains information from 
other exempt systems of records, ICE will rely on the exemptions 
claimed for those systems.

HISTORY:
    DHS/ICE-009 External Investigations, 75 FR 404 (January 5, 2010).

Constantina Kozanas,
Chief Privacy Officer, U.S. Department of Homeland Security.
[FR Doc. 2020-25619 Filed 11-19-20; 8:45 am]
BILLING CODE 9111-28-P