Federal Register, Volume 75 Issue 36 (Wednesday, February 24, 2010)

[Federal Register Volume 75, Number 36 (Wednesday, February 24, 2010)]
[Notices]
[Pages 8377-8383]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-3605]

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DEPARTMENT OF HOMELAND SECURITY

Office of the Secretary

[Docket No. DHS-2010-0007]

Privacy Act of 1974; Department of Homeland Security Immigration
and Customs Enforcement-007 Alien Criminal Response Information
Management System of Records

AGENCY: Privacy Office, DHS.

ACTION: Notice of modification to existing Privacy Act system of
records.

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SUMMARY: In accordance with the Privacy Act of 1974 the Department of
Homeland Security U.S. Immigration and Customs Enforcement is updating
an existing system of records titled, Department of Homeland Security/

[[Page 8378]]

Immigration and Customs Enforcement-007 Law Enforcement Support Center
Alien Criminal Response Information Management System of Records (73 FR
74739, December 9, 2008). The information in this system of records
includes data gathered and maintained both in paper form and
electronically by U.S. Immigration and Customs Enforcement to carry out
its mission to receive and respond to immigration status inquiries from
criminal justice agencies regarding individuals arrested, under
investigation, or otherwise encountered by those agencies. This system
of records supports the Immigration and Customs Enforcement Secure
Communities Program, the management of records in the Federal Bureau of
Investigation's National Crime Information Center about persons who are
the subject of Immigration and Customs Enforcement-issued criminal
warrants and immigration lookouts, and the Department of Homeland
Security/Immigration and Customs Enforcement Tip-line operation for
receiving reports from the public as well as governmental and non-
governmental organizations concerning customs and immigration
violations, suspicious activity, or other law enforcement matters. This
system also supports Immigration and Customs Enforcement efforts to
conduct immigration status checks on foreign born individuals applying
to purchase/obtain a firearm in the United States, individuals
supporting special security events, and individuals who are Federal or
contract employees and applicants undergoing a U.S. Office of Personnel
Management background investigation. Categories of individuals,
categories of records, and the purpose statement and routine uses of
this system of records notice have been updated to better reflect the
current status of these records. The exemptions for the existing system
of records notice will continue to be applicable for this system of
records notice. Additionally, this system will continue to be included
in the Department of Homeland Security's inventory of record systems.

DATES: Submit comments on or before March 26, 2010. This new system
will be effective March 26, 2010.

ADDRESSES: You may submit comments, identified by docket number DHS-
2010-0007 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: Lyn Rahilly (202-732-3300), Privacy
Officer, U.S. Immigration and Customs Enforcement, 500 12th Street,
SW., Washington, DC 20536; Mary Ellen Callahan (703-235-0780), Chief
Privacy Officer, Privacy Office, U.S. Department of Homeland Security,
Washington, DC 20528.

SUPPLEMENTARY INFORMATION:

I. Background

The Department of Homeland Security (DHS) is updating and reissuing
DHS/Immigration and Customs Enforcement (ICE)-09007 Law Enforcement
Support Center (LESC) Alien Criminal Response Information Management
(ACRIMe) System (73 FR 74739, December 9, 2008) to add or modify the
categories of records and individuals, purpose statement, and routine
uses for the system of records in order to clarify the nature of the
customs and immigration law enforcement records maintained by ICE. The
system of records is being renamed DHS/ICE-007 Alien Criminal Response
Information Management (ACRIMe) System of Records.
DHS is expanding and clarifying the categories of individuals in
this system of records notice. As amended, this system of records
pertains to the following category of individuals: (1) Individuals who
are the subject of an immigration status inquiry directed to ICE by
criminal justice agencies that have arrested, investigated,
encountered, or had custody of the individual; (2) individuals who
report tips to DHS/ICE about suspicious activity or other law
enforcement and the individuals about whom those reports are made; (3)
individuals who are the subject of criminal arrest warrants and
immigration lookouts that ICE has entered into the Federal Bureau of
Investigation's (FBI) National Crime Information Center (NCIC) System;
(4) individuals subject to background investigations by a Federal
agency for employment and/or national security purposes; (5)
individuals who are applying to obtain/purchase a firearm in the United
States and whose information has been submitted to ICE for the purpose
of conducting an immigration status check in support of background
checks required by the Brady Handgun Violence Protection Act (Brady
Act) or other applicable laws; and (6) personnel working for criminal
justice agencies who contact ICE for law enforcement assistance.
DHS is also updating and clarifying the existing categories of
records in this system of records notice to include: (1) Biographic
identifiers, other identifiers, and contact information, (2) visa,
border, immigration and citizenship information, (3) criminal history
information, (4) NCIC hit confirmation records, (5) background
investigation records, (6) criminal justice immigration status check
records received from domestic, foreign, and international criminal
justice agencies about individuals who have been arrested by,
investigated by, encountered by, or are otherwise in the custody of
such agencies, (7) identification and authentication information for
criminal justice agency personnel who contact ICE, (8) public tip
records, and (9) information about ICE's follow-up actions on tips or
other information received.
DHS is updating this notice to clarify and expand the purposes of
the ACRIMe system of records. The purposes of the ACRIMe system of
records are now as follows: (1) To identify and arrest individuals in
the United States who may be subject to removal under the Immigration
and Nationality Act, as amended; (2) to respond to inquiries from
criminal justice agencies that seek to determine the immigration status
of an individual in the context of a criminal justice matter for the
purpose of identifying and arresting those who may be subject to
removal; (3) to inform criminal justice agencies and agencies
conducting background checks whether an individual is under
investigation and/or wanted by ICE or other criminal justice agencies;
(4) to receive, process and act on information received from the
general public and other sources regarding suspicious activities and
actual or potential violations of laws enforced by ICE or DHS, and to
refer any other actionable information to the appropriate agencies for
action; (5) to provide assistance to domestic, foreign and
international agencies that contact ICE and the LESC on matters within
the scope of ICE's law enforcement authorities, including violations of
U.S. customs and immigration laws; (6) to collect and analyze data to
evaluate the effectiveness and quality of services provided to other
agencies in support of

[[Page 8379]]

the purposes described above, and of ICE's customs and immigration law
enforcement efforts generally; and (7) to identify potential criminal
activity, immigration violations, and threats to homeland security; to
uphold and enforce the law; and to ensure public safety.
Finally, DHS is updating this system of records notice to add
several new routine uses that clarify the scope of external sharing of
information from the ACRIMe system of records. Specifically, DHS
proposes to add new routine uses that support the sharing of results of
immigration status inquiries for handgun applicants, persons undergoing
certain background checks, and for criminal law enforcement purposes.
DHS also proposes to add a new routine use to support ICE's operation
of the DHS Tip-line, which necessitates the sharing of information
gathered from various voluntary sources with appropriate agencies that
may have authority, jurisdiction, or other need to know regarding the
subject of the tip. A new routine use is proposed to specifically
support the sharing of information with criminal justice agencies and
other users of NCIC when those agencies have a hit against an ICE-
generated NCIC record to resolve the hit. DHS proposes a new routine
use to support the sharing of information that is necessary when ICE
places an immigration detainer on an individual currently in the
custody of another agency or seeks to transfer custody from another
agency to ICE pursuant to its efforts to enforce Federal immigration
laws. Finally, DHS is adding new routine uses to support the necessary
sharing of information with Congress and the Office of Management and
Budget in connection with private immigration relief legislation; with
other agencies as needed to test information systems and technologies;
with foreign governments and the State Department as necessary to
support current information sharing agreements and diplomatic
communications with foreign governments; and with other criminal
justice agencies to coordinate, collaborate, and deconflict actions on
investigative matters or criminal law enforcement operations.

II. ACRIMe System of Records

The ICE LESC was originally established primarily to respond to
inquiries from Federal, State, local, tribal and international criminal
justice agencies (i.e., law enforcement agencies, criminal courts,
booking and correctional facilities, and parole boards) regarding the
immigration status of individuals they encountered while performing
their law enforcement duties across the U.S. and internationally. The
LESC's mission and ACRIMe functionality have expanded to support ICE's
handling of and response to immigration status inquiries made by ICE
and other Federal, State, local, tribal, and international criminal
justice agencies regarding individuals arrested, subject to background
checks, under investigation, or otherwise encountered by those
agencies. The ACRIMe system supports and keeps appropriate records of
the following customs, immigration, and law enforcement functions: (1)
Support the ICE Secure Communities Program, which seeks to improve
public safety by implementing a comprehensive, integrated approach to
identify and remove criminal aliens from the U.S. using biometric data;
(2) respond to electronic ``Immigration Alien Queries'' submitted by
ICE and other criminal justice agencies regarding the immigration
status of individuals they have arrested or are investigating (known as
``Traditional law enforcement checks''); (3) support ``Brady Act
Checks,'' which are background checks on foreign born persons seeking
to purchase or obtain firearms in the U.S.; (4) create, update and
clear records in the Federal Bureau of Investigation's (FBI) National
Crime Information Center (NCIC) system about persons who are the
subject of ICE-issued criminal warrants or immigration lookouts; (5)
operate a 24-hour Tip-line for the public to report customs and
immigration violations, suspicious activity or other law enforcement
matters to the DHS; (6) conduct immigration status checks on
individuals in support of special security events like the Super Bowl,
or the security of visiting national leaders or sensitive facilities;
and (7) process inquiries from OPM to determine the immigration status
of Federal and contract applicants and employees undergoing a
background investigation (known as ``OPM checks''). The ACRIMe system
is divided into four separate user interfaces, called modules: (1) The
Operations Module; (2) Communications Center Module; (3) NCIC Section
Module; and (4) Tip-line Module.
The ACRIMe Operations Module facilitates the electronic receipt of
and response to Immigration Alien Queries (IAQs) from ICE and other
agencies requesting an immigration status check pursuant to a
traditional law enforcement, Brady Act, special security event, or OPM
check. In the future the ACRIMe will automatically prioritize pending
requests for immigration status checks to give preference to those
concerning criminal aliens with more severe criminal histories. The
ACRIMe Operations Module uses personal identifiers provided in the IAQ
to automatically search various criminal, customs and immigration
databases to gather information about the subject of the IAQ. Based on
the search results, ICE prepares an Immigration Alien Response (IAR) in
ACRIMe indicating the individual's last known immigration status, and
electronically returns the IAR to the requesting agency.
The ACRIMe Communications Center Module documents calls from IAQ
submitters who have further questions regarding IARs received from ICE,
from criminal justice agencies contacting ICE to report suspected
customs or immigration violations, and from law enforcement agencies
seeking to confirm matches against ICE-generated National Crime
Information Center (NCIC) records (known as ``NCIC Hit Confirmation''
calls).
The ACRIMe NCIC Section Module allows ICE to create, update and
clear records in the Federal Bureau of Investigation's (FBI) NCIC
system about persons for whom ICE has an outstanding criminal warrant
or immigration lookout. ICE maintains ``hit confirmation files'' for
these ICE-generated NCIC records, which provide additional information
about the subject of the NCIC records and allow easy access to this
information so that ICE can quickly confirm whether a person run
through NCIC is likely the person who is the subject of the active
warrant or lookout.
The ACRIMe Tip-line Module documents calls received from the
general public and governmental and non-government organizations via
the DHS/ICE Tip-line who are reporting suspected customs and
immigration violations, suspicious activities or other law enforcement
matters to ICE. If enough information is provided by the caller, ICE
may manually conduct research in various government and commercial
databases. Based on the findings of the search, ICE can manually create
an investigatory lead that is routed to the appropriate ICE field
office for further investigation or action.
This updated system of records notice is being published
concurrently with the Privacy Impact Assessment (PIA) for the ACRIMe
System because information maintained in ACRIMe is described in this
notice. The ACRIMe PIA is available on the DHS Privacy Office Web site
at http://www.dhs.gov/privacy.
Portions of the DHS/ICE-007 ACRIMe System of Records are exempt
from one or more provisions of the Privacy Act

[[Page 8380]]

because of criminal, civil and administrative enforcement requirements.
Individuals may request information about records pertaining to them
stored in the DHS/ICE-007 ACRIMe System of Records as outlined in the
``Notification Procedure'' section below. ICE reserves the right to
exempt various records from release. The Secretary of Homeland Security
has exempted portions of this system of records from subsections (c)(3)
and (4); (d); (e)(1), (2), (3), (4)(G), (4)(H), (5) and (8); (f); and
(g) of the Privacy Act. In addition, the system has been exempted from
subsections (c)(3) and (4); (d); (e)(1), (4)(G), (4)(H), and (f)
pursuant to 5 U.S.C. 552a(k)(2). Rules have been promulgated in
accordance with the requirements of 5 U.S.C. 553(b), (c) and (e) and
have been published in the Federal Register as addition to Title 28,
Code of Federal Regulations (28 CFR 16.99). 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.
Consistent with DHS's information sharing mission, information
stored in the DHS/ICE-007 ACRIMe System of Records may be shared with
other DHS components, as well as appropriate Federal, State, local,
tribal, foreign, or international government agencies. This sharing
will only take place after DHS determines that the receiving component
or agency has a need to know the information to carry out national
security, law enforcement, immigration, intelligence, or other
functions consistent with the routine uses set forth in this system of
records notice.
In accordance with the Privacy Act of 1974, the Department of
Homeland Security U.S. Immigration and Customs Enforcement is updating
an existing system of records titled, Department of Homeland Security/
U.S. Immigration and Customs Enforcement-007 Law Enforcement Support
Center Alien Criminal Response Information Management System of Records
(73 FR 74739, December 9, 2008). The information in this system of
records includes data gathered and maintained both in paper form and
electronically by U.S. Immigration and Customs Enforcement to carry out
its mission to receive and respond to immigration status inquiries from
criminal justice agencies regarding individuals arrested, under
investigation, or otherwise encountered by those agencies. This system
of records supports the U.S. Immigration and Customs Enforcement Secure
Communities Program, the management of records in the Federal Bureau of
Investigation's National Crime Information Center about persons who are
the subject of U.S. Immigration and Customs Enforcement-issued criminal
warrants and immigration lookouts, and the Department of Homeland
Security/U.S. Immigration and Customs Enforcement Tip-line operation
for receiving reports from the public as well as governmental and non-
governmental organizations concerning customs and immigration
violations, suspicious activity, or other law enforcement matters. This
system also supports the U.S. Immigration and Customs Enforcement
efforts to conduct immigration status checks on foreign born
individuals applying to purchase/obtain a firearm in the United States,
individuals supporting special security events or who are visiting or
requesting access to national leaders or sensitive facilities, and
individuals who are Federal or contract employees and applicants
undergoing a U.S. Office of Personnel Management background
investigation. Categories of individuals, categories of records, and
the purpose statement and routine uses of this system of records notice
have been updated to better reflect the current status of these
records. The exemptions for the existing system of records notice will
continue to be applicable for this system of records notice.
Additionally, this system will continue to be included in the
Department of Homeland Security's inventory of record systems.

III. 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 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 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 their records are put, and to assist individuals to more easily
find such files within the agency. Below is the description of the DHS/
ICE-007 ACRIMe 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 and to
Congress.
System of Records:
DHS/ICE--007

System name:
Alien Criminal Response Information Management (ACRIMe) System

Security classification:
Unclassified and Law Enforcement Sensitive (LES).

System location:
Records are maintained at the U.S. Immigration and Customs
Enforcement (ICE) Law Enforcement Support Center (LESC) in Williston,
Vermont, at ICE Headquarters, and other ICE field office locations.

Categories of individuals covered by the system:
Categories of individuals covered in this system include:
(1) Individuals who are encountered by, arrested by, under the
investigation of, or in the custody of a criminal justice agency and
are the subject of an immigration status inquiry directed to ICE.
(2) Individuals who report tips concerning customs and immigration
violations, suspicious activity or other law enforcement matters to the
Department of Homeland Security (DHS)/ICE and individuals about whom
those reports are made.
(3) Individuals who are the subject of criminal arrest warrants and
immigration lookouts that ICE has entered into the Federal Bureau of
Investigation's (FBI) National Crime Information Center (NCIC) System.
(4) Individuals subject to background investigations by a Federal
agency for employment and/or national security purposes.
(5) Individuals who are applying to obtain/purchase a firearm in
the United States and whose information has been submitted to ICE for
the purpose of

[[Page 8381]]

conducting an immigration status check in support of background checks
required by the Brady Handgun Violence Protection Act (Brady Act) or
other applicable laws.
(6) Law enforcement officers or other personnel working for
criminal justice agencies who contact ICE for reasons relating to the
purposes of this system of records, or for other law enforcement
assistance.

Categories of records in the system:
Categories of records in this system may include:
Biographic identifiers, other identifiers, and contact
information (e.g., name, aliases, date and place of birth, address,
telephone number, Social Security Number (SSN), Alien Registration
Number (A-Number), driver's license number, other personal
identification numbers, fingerprint identification number, passport
number).
Visa, border, immigration and citizenship information
(e.g., citizenship and/or immigration status, application for benefit
information, visa and travel history).
Criminal history information (e.g., FBI number, booking
number, current charge[s], custodial status, past offenses and
convictions).
NCIC hit confirmation records, which consist of
information supporting the entry of criminal warrants or immigration
lookouts into the NCIC system, such as criminal arrest warrant
information, fingerprints and photographs, other information
identifying the individual, and records reflecting the purpose/basis
for the warrant or lookout. Records of inquiries received from criminal
justice agencies regarding potential matches against ICE-created NCIC
records, and records pertaining to ICE's research, resolution, and
response to those inquiries.
Background investigation records, which consist of
identifying and other information received from agencies requesting an
immigration status check on individuals as part of a background check
for employment, gun ownership, or other reasons; research conducted by
ICE during the conduct of the immigration status check; and ICE's
research, resolution, and response to those inquiries.
Criminal justice immigration status check records, which
consist of identifying and other information received from criminal
justice agencies requesting an immigration status check on individuals
in the context of a criminal justice matter; prioritization of
requests; research conducted by ICE during the conduct of the
immigration status check; and ICE's research, resolution, and response
to those inquiries.
Public tip records, which consist of information contained
in tips received from the public or other sources regarding customs and
immigration violations, or other violations of law, and suspicious
activities. This includes identifying and contact information about the
individual reporting the tip (if provided) and information about the
person or persons who are the subject of the tip.
Information pertaining to ICE's follow-up activities
regarding a tip or other information received pursuant to the
activities supported by this system of records, including setting leads
for ICE investigations and referrals to other agencies.
Identification and authentication information for law
enforcement officers or other criminal justice personnel who contact
ICE.

Authority for maintenance of the system:
8 U.S.C. 1103, 8 U.S.C 1324(b)(3); 8 U.S.C 1360(b); 5 U.S.C.
52a(b); 5 U.S.C. 301; Section 504 of the Immigration and Nationality
Act of 1990 (Pub. L. 101-649); the Brady Handgun Violence Protection
Act of 1993 (Pub.L. 103-159); FY2008 DHS Appropriations Act (Pub. L.
108-161, 1844, 2050 (2007)); INA provisions regarding removal of
criminal aliens (INA section 237(2) and section 238); and the Economy
Act (31 U.S.C. 1535); the Federal Records Act, 44 U.S.C. 3101.

Purpose(s):
The purposes of this system are to:
(1) Identify and arrest individuals in the United States who may be
subject to removal under the Immigration and Nationality Act, as
amended.
(2) Respond to inquiries from criminal justice agencies that seek
to determine the immigration status of an individual in the context of
a criminal justice matter for the purpose identifying and arresting
those who may be subject to removal.
(3) Inform criminal justice agencies and agencies conducting
background checks whether an individual is under investigation and/or
wanted by ICE or other criminal justice agencies.
(4) Receive, process and act on information received from the
general public and other sources regarding suspicious activities and
actual or potential violations of laws enforced by ICE or DHS, and to
refer any other actionable information to the appropriate agencies for
action.
(5) Provide assistance to domestic, foreign and international
agencies that contact ICE and the LESC on matters within the scope of
ICE's law enforcement authorities, including violations of U.S. customs
and immigration laws.
(6) Collect and analyze data to evaluate the effectiveness and
quality of services provided to other agencies in support of the
purposes described above, and of ICE's customs and immigration law
enforcement efforts generally.
(7) Identify potential criminal activity, immigration violations,
and threats to homeland security; uphold and enforce the law; and
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 or
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 (including United States Attorney
Offices) or other Federal agency conducting litigation or in
proceedings before any court, adjudicative or administrative body, when
it is 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 of DHS, or HHS employee detailed to DHS, in his/her
official capacity;
3. Any employee of DHS, or HHS employee detailed to 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.

[[Page 8382]]

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) or harm to the
individual that relies 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, tribal, local, international,
or foreign law enforcement 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 domestic governmental agencies seeking to determine the
immigration status of persons who have applied to purchase/obtain a
firearm in the United States, pursuant to checks conducted on such
persons under the Brady Handgun Violence Prevention Act or other
applicable laws.
J. To the U.S. Office of Personnel Management (OPM) or its agents
seeking to determine the immigration status of individuals undergoing
background investigations.
K. To appropriate Federal, State, local, tribal, foreign or
international criminal justice agencies, or other authorized users of
NCIC, to respond to inquiries regarding a person who is or may be the
subject of an ICE-generated NCIC criminal arrest warrant or immigration
lookout record.
L. To appropriate Federal, State, local, tribal, foreign or
international agencies seeking to determine the immigration status of
individuals who are being screened with respect to their participation
in, attendance at, or other relation to a special security event.
M. To appropriate Federal, State, local, tribal, foreign or
international agencies in order to refer reports of suspicious
activity, tips, potential violations of law and other relevant
information to agencies with appropriate jurisdiction, authorities,
and/or need-to-know concerning the matters.
N. To the Department of Justice (DOJ), Federal Bureau of Prisons
(BOP) and other Federal, State, local, territorial, tribal and foreign
law enforcement or custodial agencies for the purpose of placing an
immigration detainer on an individual in that agency's custody, or to
facilitate the transfer of custody of an individual to ICE from the
other agency.
O. To the appropriate foreign government agency charged with
enforcing or implementing laws where there is an indication of a
violation or potential violation of the law of another nation (whether
civil or criminal), and to international organizations engaged in the
collection and dissemination of intelligence concerning criminal
activity.
P. To other Federal, State, local, or foreign government agencies,
individuals, and organizations during the course of an investigation,
proceeding, or activity within the purview of immigration and
nationality laws to elicit information required by DHS/ICE to carry out
its functions and statutory mandates.
Q. To international, foreign, and intergovernmental agencies,
authorities, and organizations in accordance with law and formal or
informal international arrangements.
R. 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.
S. 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.
T. To the State Department 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.
U. 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.
V. To appropriate Federal, State, local, tribal, foreign or
international governmental agencies or multilateral governmental
organizations where DHS is aware of a need to utilize relevant data for
purposes of testing new technology and systems designed to enhance
national security or identify other violations of law.
W. 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 from a court of competent jurisdiction.
X. 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.
Y. 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

[[Page 8383]]

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 behind locked doors. Electronic records are stored on
magnetic disc, tape, digital media, and CD-ROM.

Retrievability:
Records may be retrieved by personal, biographic or biometric
identifiers such as name, date of birth, place of birth, address, A-
Number(s), FBI criminal history number(s), Social Security Number,
Fingerprint Identification Number, and passport number.

Safeguards:
Records in this system are safeguarded in accordance with
applicable rules and policies, including all applicable DHS automated
systems security and access policies. Strict controls have been imposed
to minimize the risk of compromising the information that is being
stored. Access to the computer systems 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.

Retention and disposal:
ICE is seeking approval for a records disposition schedule for the
records described in this system of records. ICE proposes to maintain
the IAQ and IAR records pertaining to traditional law enforcement
checks for seventy-five (75) and special security event and OPM checks
for five (5) years from the date an immigration status determination is
made and IAR returned, after which the records will be deleted from the
ACRIMe system. ICE proposes to maintain NCIC Module records (containing
the underlying basis for the ICE-generated NCIC record) for 75 years
from the date the record is removed from NCIC. Pursuant to the legal
requirements as defined by the Brady Act, ICE proposes to maintain IAQs
and IARs related to Brady Act checks for twenty-four (24) hours, after
which the records will be deleted from the ACRIMe system. ICE proposes
to maintain Communication Center Module records containing NCIC Hit
Confirmation calls for 75 years and follow-up calls to IARs for the
time period consistent with the type of query conducted. Additionally,
ICE proposes to maintain suspicious activity reporting in the Tip-line
and the Communications Center Modules for ten (10) years from the date
of the tip.

System Manager and address:
Unit Chief, Law Enforcement Support Center, U.S. Immigration and
Customs Enforcement, 188 Harvest Lane, Williston, VT 05495.

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
individual 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 ICE'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 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:
Records are obtained from ICE and other Federal, State, local,
tribal, foreign and international criminal justice agencies (e.g., law
enforcement agencies, investigators, prosecutors, correctional
institutions, police departments, and parole boards).

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 subsections (c)(3) and (4);
(d); (e)(1), (2), (3), (4)(G), (4)(H), and (5) and (8); (f); and (g) of
the Privacy Act. In addition, the system has been exempted from
subsections (c)(3), (d), and (e)(1), (4)(G), (4)(H), and (f) pursuant
to 5 U.S.C. 552a(k)(2). Rules have been promulgated in accordance with
the requirements of 5 U.S.C. 553(b), (c) and (e) and have been
published in the Federal Register as additions to Title 28, Code of
Federal Regulations (28 CFR 16.99). 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.

Mary Ellen Callahan,
Chief Privacy Officer, Department of Homeland Security.
[FR Doc. 2010-3605 Filed 2-23-10; 8:45 am]
BILLING CODE 9111-28-P