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are directed to clearly mark the
envelope and letter ‘‘Privacy Act
Request.’’ Within the text of the request,
the subject of the record must provide
his/her account number and/or the full
name, date and place of birth, and
notarized signature, and any other
information which may assist in
identifying and locating the record, and
a return address. For convenience,
individuals may obtain Form G–639,
FOIA/PA Request, from the nearest DHS
office and used to submit a request for
access. The procedures for making a
request for access to one’s records can
also be found on the USCIS Web site,
located at http://www.uscis.gov.
An individual who would like to file
a FOIA/PA request to view their USCIS
record may do so by sending the request
to the following address: U.S.
Citizenship and Immigration Services,
National Records Center, FOIA/PA
Office, P.O. Box 648010, Lee’s Summit,
MO 64064–8010.
CONTESTING RECORDS PROCEDURES:

Individuals have an opportunity to
correct their data by submitting a
redress request directly to the USCIS
Privacy Officer who refers the redress
request to the USCIS Office of Records.
When a redress request is made, any
appropriate change is added directly to
the existing records stored in the
underlying DHS system of records from
which the information was obtained.
Once the record is updated in the
underlying DHS system of records, it is
downloaded into VIS. If an applicant
believes their file is incorrect but does
not know which information is
erroneous, the applicant may file a
Privacy Act request to access their
record as detailed in the section titled
‘‘Record access procedures’’ above.

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RECORD SOURCE CATEGORIES:

Information contained comes from
several sources: (A) Information derived
from the following DHS systems of
records, USCIS’s CIS, CLAIMS3,
CLAIMS4, RNACS, ISRS and/or BSS
(when the latter system is deployed);
CBP’s TECS; and ICE’s SEVIS, (B)
Information derived from the SSA, (C)
Information collected from agencies and
employers about individuals seeking
government benefits or employment
with an employer using an employment
verification program, (D) Information
collected from system users at either the
agency or the employer used to provide
account access to the verification
program, and (E) Information developed
by VIS to identify possible issues of
misuse or fraud.

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EXEMPTIONS CLAIMED FOR THE SYSTEM:

None.
Dated: December 2, 2008.
Hugo Teufel III,
Chief Privacy Officer, Department of
Homeland Security.
[FR Doc. E8–29283 Filed 12–10–08; 8:45 am]
BILLING CODE 4410–10–P

DEPARTMENT OF HOMELAND
SECURITY
Office of the Secretary
[Docket No. DHS–2008–0131]

Privacy Act of 1974; United States
Immigration and Customs
Enforcement-009 External
Investigations System of Records
Privacy Office, DHS.
ACTION: Notice of Privacy Act system of
records.
AGENCY:

SUMMARY: In accordance with the
Privacy Act of 1974, the Department of
Homeland Security is giving notice that
it proposes to consolidate two legacy
record systems originally published by
the legacy Customs Service: Treasury/
CS.129 Investigations Record System,
October 18, 2001, and Treasury/CS.285
Automated Index to Central
Investigative Files, October 18, 2001,
into a Immigration and Customs
Enforcement system of records notice
titled External Investigations. In
addition, DHS will now cover those
Immigration and Customs Enforcement
records previously covered by the
Treasury/CS.244 Treasury Enforcement
Communications System with this new
system of records. Categories of
individuals, categories of records, and
the routine uses of these legacy system
of records notices have been
consolidated and updated to better
reflect the law enforcement
investigatory records maintained by
Immigration and Customs Enforcement.
Additionally, DHS is issuing a Notice of
Proposed Rulemaking (NPRM)
concurrent with this SORN elsewhere in
the Federal Register. The exemptions
for the legacy system of records notices
will continue to be applicable until the
final rule for this SORN has been
completed This system will be included
in the Department’s inventory of record
systems.
DATES: Written comments must be
submitted on or before January 12, 2009.
This new system will be effective
January 12, 2009.
ADDRESSES: You may submit comments,
identified by docket number DHS–

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2008–0131 by one of the following
methods:
• Federal e-Rulemaking Portal: http://
www.regulations.gov. Follow the
instructions for submitting comments.
• Fax: 1–866–466–5370.
• Mail: Hugo Teufel III, 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 and may be read at
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 issues please contact Lyn
Rahilly, Privacy Officer, (202–731–
3300), Immigration and Customs
Enforcement, 500 12th Street, SW.,
Washington, DC 20024, e-mail:
[email protected]. For privacy issues
please contact Hugo Teufel III (703–
235–0780), Chief Privacy Officer,
Privacy Office, Department of Homeland
Security, Washington, DC 20528.
SUPPLEMENTARY INFORMATION:

I. Background
Immigration and Customs
Enforcement (ICE) is the largest
investigative branch of the Department
of Homeland Security (DHS). The
agency was created after 9/11, by
combining the law enforcement arms of
the former Immigration and
Naturalization Service (INS) and the
former Customs Service, 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.
Pursuant to the savings clause in the
Homeland Security Act of 2002, Public
Law 107–296, Section 1512, 116 Stat.
2310 (Nov. 25, 2002), DHS and ICE have
relied on preexisting Privacy Act
systems of records notices for the
maintenance of records pertaining to
law enforcement investigations
performed by ICE. With the publication
of the External Investigation Record
System, DHS is consolidating and
retiring two legacy U.S. Customs Service

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system of records—Treasury/CS.129,
Investigations Record System (66 FR
52984, October 18, 2001), and Treasury/
CS.285, Automated Index to Central
Investigative Files (66 FR 52984,
October 18, 2001)—which ICE
previously relied upon in maintaining
its law enforcement investigatory
records and information. The External
Investigations Records System will also
cover ICE records that are presently
maintained in Treasury Enforcement
Communications System (TECS) (66 FR
53029, October 18, 2001), a
computerized information system. ICE
uses an electronic case management
component in TECS to store and manage
law enforcement investigative records.
These records contain investigative case
files and other information associated
with ongoing and closed ICE
investigations into suspected violations
of laws and regulations governing the
movement of people and goods into and
out of the U.S. and other laws within
ICE’s jurisdiction. ICE’s data in TECS
was previously covered by another
legacy U.S. Customs Service records
system titled Treasury/CS.244, Treasury
Enforcement Communications System
(66 FR 53029, October 18, 2001). With
the establishment of the ICE External
Investigations records system, ICE will
no longer rely on Treasury/CS.244 to
cover the ICE investigatory case file
information maintained in TECS.
Categories of individuals, categories
of records, and the routine uses of these
legacy system of records notices have
been consolidated and updated to better
reflect ICE’s investigatory records.
Additionally, DHS is issuing a Notice of
Proposed Rulemaking (NPRM)
concurrent with this SORN elsewhere in
the Federal Register. The exemptions
for the legacy system of records notices
will continue to be applicable until the
final rule for this SORN has been
completed. This system will be
included in the Department’s inventory
of record systems.
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

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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
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:

External Investigations.
SECURITY CLASSIFICATION:

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

Records are maintained at
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) Victims and witnesses in ICE law
enforcement investigations described
above;
(3) Fugitives with outstanding Federal
or State warrants; and
(4) Operators of vehicles crossing the
borders of the U.S. who are the subject
of an ICE investigation, including but

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75453

not limited to drivers of automobiles,
private yacht masters, and private pilots
arriving in the U.S.
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;
• 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
the investigation;
• 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; 19 U.S.C. 66; 19 U.S.C.
1431; 19 U.S.C. 1603; 19 U.S.C. 2072; 40

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U.S.C. 1315; Title 18, United States
Code; Title 19, United States Code; 31
CFR part 103; Title 40 United States
Code.
PURPOSE(S):

The purpose of this system is to
document external 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.

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ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES OF USERS AND
THE PURPOSES OF SUCH USES:

In addition to those disclosures
generally permitted under 5 U.S.C.
552a(b) of the Privacy Act, all or a
portion of the records of information
contained in this system may be
disclosed outside DHS as a routine use
pursuant to 5 U.S.C. 552a(b)(3) as
follows:
A. To the Department of Justice or
other Federal agency conducting
litigation or in proceedings before any
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.

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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.

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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 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
proper performance of the official duties
of the person making the disclosure.
L. Disclosure 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;
M. To any person or entity to the
extent necessary to prevent immediate
loss of life or serious bodily injury, e.g.,
disclosure of custodial release
information to witnesses who have
received threats from individuals in
custody;
N. To international and foreign
governmental authorities 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 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

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burning or shredding. DHS is proposing
to retain electronic records associated
with law enforcement investigations for
75 years after case closure, after which
they would be destroyed. An updated
schedule for investigative records is
under review and will be submitted to
NARA for approval.

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:

SYSTEM MANAGER AND ADDRESS:

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.

NOTIFICATION PROCEDURE:

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.

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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 field or headquarters 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

VerDate Aug<31>2005

Immigration and Customs
Enforcement, Mission Support Division,
Unit Chief, Executive Information Unit/
Program Management Oversight (EIU/
PMO), Potomac Center North, 500 12th
St., SW., Washington, DC 20024.

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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 component’s
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
individual may submit the request to
the Chief Privacy 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 or
perjury as a substitute for notarization.
While no specific form is required, you
may obtain forms for this purpose form
the Director, Disclosure and FOIA,
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,
• If your request is seeking records
pertaining to another living individual,
you must include a statement from that

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individual certifying his/her agreement
for you to access his/her records.
Without this bulleted information the
component(s) will not be able to
conduct an effective search, and your
request may be denied due to lack of
specificity or 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:

Pursuant to exemption 5 U.S.C.
552a(j)(2) of the Privacy Act, portions of
this system are exempt from 5 U.S.C.
552a(c)(3) and (4); (d); (e)(1), (e)(2),
(e)(3), (e)(4)(G), and (e)(4)(H), (e)(5) and
(e)(8); (f), and (g). Pursuant to 5 U.S.C.
552a(k)(2), this system is exempt from
the following provisions of the Privacy
Act, subject to the limitations set forth
in those subsections: 5 U.S.C. 552a(c)(3),
(d), (e)(1), (e)(4)(G), (e)(4)(H), and (f). In
addition, 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 2, 2008.
Hugo Teufel III,
Chief Privacy Officer, Department of
Homeland Security.
[FR Doc. E8–29395 Filed 12–10–08; 8:45 am]
BILLING CODE 4410–10–P

DEPARTMENT OF HOMELAND
SECURITY
Office of the Secretary
[Docket No. DHS–2008–0114]

Privacy Act of 1974; United States
Coast Guard-–015 Legal Assistance
Case Files System of Records
Privacy Office; DHS.
Notice of Privacy Act system of

AGENCY:
ACTION:

records.

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