9238 Federal Register / Vol. 75, No. 39 / Monday, March 1, 2010 / Notices 

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), (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). 

Dated: February 24, 2010. 

Mary Ellen Callahan, 

Chief Privacy Officer, Department of 

Homeland Security. 

[FR Doc. 2010–4102 Filed 2–26–10; 8:45 am] 

BILLING CODE 9111–28–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Office of the Secretary 

[Docket No. DHS–2009–0144] 

Privacy Act of 1974; Department of 

Homeland Security United States 

Immigration Customs and 

Enforcement—011 Immigration and 

Enforcement Operational Records 

System of Records 

AGENCY: Privacy Office, DHS. 

ACTION: Notice of amendment of Privacy 

Act system of records. 

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/U.S. 

Immigration and Customs 

Enforcement—011 Removable Alien 

Records System of Records, January 28, 

2009, and renaming it Department of 

Homeland Security/U.S. Immigration 

and Customs Enforcement—011 

Immigration and Enforcement 

Operational Records System of Records. 

With the publication of this updated 

system of records, the Department of 

Homeland Security is also retiring an 

existing system of records titled, 

Department of Homeland Security/U.S. 

Immigration and Customs 

Enforcement—Customs and Border 

Protection—U.S. Citizenship and 

Immigration Services—001–03 

Enforcement Operational Immigration 

Records System of Records, March 20, 

2006, and transferring certain law 

enforcement and immigration records 

described therein that are owned by 

U.S. Immigration and Customs 

Enforcement to this updated system of 

records. Categories of individuals and 

categories of records have been 

reviewed, and the purpose statement 

and routine uses of this system have 

been updated to better reflect the 

current status of these records. 

Additionally, this notice includes nonsubstantive changes to simplify the 

formatting and text of the previously 

published notice. This updated system 

will continue to be included in the 

Department of Homeland Security’s 

inventory of record systems. 

DATES: Submit comments on or before 

March 31, 2010. This amended system 

will be effective March 31, 2010. 

ADDRESSES: You may submit comments, 

identified by docket number DHS– 

2009–0144 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 (703–732–3300), Privacy Officer, 

U.S. Immigration and Customs 

Enforcement, 500 12th Street, SW., 

Washington, DC 20536; or Mary Ellen 

Callahan (703–235–0780), Chief Privacy 

Officer, Privacy Office, U.S. Department 

of Homeland Security, Washington, DC 

20528. 

SUPPLEMENTARY INFORMATION: 

I. Background 

In accordance with the Privacy Act of 

1974, the Department of Homeland 

Security is updating and reissuing 

Department of Homeland Security 

(DHS)/U.S. Immigration and Customs 

Enforcement (ICE)—011 Removable 

Alien Records System of Records (74 FR 

4965, Jan. 28, 2009) to include 

additional DHS records pertaining to the 

investigation, arrest, booking, detention, 

and removal of persons encountered 

during immigration and criminal law 

enforcement investigations and 

operations conducted by DHS. This 

system of records is also being updated 

to include records pertaining to fugitive 

aliens and aliens paroled into the 

United States (U.S.) by ICE. The system 

of records is being renamed DHS/ICE– 

011 Immigration and Enforcement 

Operational Records System of Records 

(ENFORCE) to better reflect the nature 

and scope of the records maintained. 

DHS is updating this notice to include 

the following substantive changes: (1) 

An update to the categories of records 

to include clarifying language as well as 

to provide the Department of Justice 

(DOJ) with DNA samples as required by 

28 CFR Part 28; (2) the addition of 

routine uses to (a) incorporate the 

routine uses that were already part of 

the published DHS/ICE—011 

Removable Aliens Records System of 

Records (RARS) (74 FR 20719, May 5, 

2009) into this newly consolidated 

SORN, (b) provide information to 

individuals in the determination of 

whether or not an alien has been 

removed from the U.S., (c) assist 

agencies in collecting debts owed to 

them or the U.S. Government, (d) allow 

sharing with the Department of State 

(DOS) for immigration benefits and visa 

activities, as well as when DOS is 

contacted by foreign governments to 

discuss particular matters involving 

aliens in custody or other ICE 

enforcement matters that may involve 

identified individuals, (e) allow the 

Office of Management and Budget 

(OMB) to review the private 

immigration relief bill process in 

Congress, (f) inform members of 

Congress about an alien who is being 

considered for private immigration 

relief, (g) share operational information 

with other law enforcement agencies to 

prevent conflicting investigations or 

activities, (h) coordinate the 

transportation, custody, and care of U.S. 

Marshals Service (USMS) prisoners, (i) 

allow third parties to facilitate the 

placement or release of an alien who has 

been or are in the process of being 

released from ICE custody, (j) provide 

information about an alien who has or 

is in the process of being released from 

ICE custody who may pose a health or 

safety risk, (k) to provide information 

facilitating the issuance of an 

immigration detainer on an individual 

in custody or the transfer of an 

individual to ICE or another agency, (l) 

disclose DNA samples and related 

information as required by Federal 

regulation, (m) to facilitate the 

transmission of arrest information to the 

Department of Justice for inclusion in 

relevant law enforcement databases and 

for the enforcement Federal firearms 

licensing laws, and (n) to disclose 

information to persons seeking to post 

or arrange immigration bonds. These 

updated routine uses are compatible 

with the purpose of this system because 

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they sharing will assist ICE with its 

immigration and law enforcement 

mission. 

With the publication of this notice, 

DHS is also merging into the DHS/ICE– 

011 ENFORCE System of Records 

certain records from an existing system 

of records titled, DHS/ICE–CBP–CIS– 

001–03 Enforcement Operational 

Immigration Records System of Records 

(71 FR 13987, March 20, 2006), and 

retiring that system of records. When 

last published, DHS/ICE–CBP–CIS–001– 

03 Enforcement Operational 

Immigration Records System of Records 

covered biometric and biographic 

information collected during DHS 

enforcement encounters and screening 

at ports of entry. The system of records 

supported DHS in the identification, 

investigation, apprehension, and/or 

removal of aliens unlawfully entering or 

present in the U.S. and facilitated the 

legal entry of individuals. The records 

described in DHS/ICE–CBP–CIS–001–03 

Enforcement Operational Immigration 

Records System of Records were owned 

by several components within DHS, 

specifically ICE, CBP, and USCIS. After 

stewardship for the DHS biometric 

records database titled, Automated 

Biometric Identification System 

(IDENT), which had been covered by 

DHS/ICE–CBP–CIS–001–03 

Enforcement Operational Immigration 

Records System of Records, was 

transferred in 2006 to DHS’s U.S. Visitor 

and Immigrant Status Indictor 

Technology (US–VISIT) Program, US– 

VISIT established a separate system of 

records titled, DHS/US–VISIT–0012 

Automated Biometric Identification 

System (IDENT) (72 FR 31080, June 5, 

2007) to cover records in that database. 

The remaining non-IDENT records in 

DHS/ICE–CBP–CIS–001–03 

Enforcement Operational Immigration 

Records System of Records pertained to 

enforcement encounters and admission 

screening of individuals at the border, 

and were owned by ICE and CBP. Of 

those, CBP records are now covered by 

the system of records titled, DHS/CBP– 

011 TECS System of Records (73 FR 

77778, December 19, 2008), and ICE’s 

records are now covered by the DHS/ 

ICE–011 ENFORCE System of Records, 

which is the subject of this notice. 

II. ENFORCE System of Records 

The DHS/ICE–011 ENFORCE System 

of Records consists of paper and 

electronic records related to the 

investigation, arrest, booking, detention, 

and removal of persons encountered 

during immigration and criminal law 

enforcement investigations and 

operations conducted by DHS, 

including fugitive aliens and paroled 

aliens. 

Criminal and Immigration Enforcement 

Records 

The DHS/ICE–011 ENFORCE System 

of Records contains personal 

information about individuals who are 

criminal suspects, alleged immigration 

violators, and other individuals whose 

information may be collected or 

obtained during the course of an 

immigration enforcement or criminal 

matter (e.g., witnesses, associates, 

relatives). This system of records will 

also contain biographical information of 

those prisoners that ICE holds in its 

detention facilities for the USMS under 

an interagency agreement. These records 

are maintained in an ICE-owned and 

operated information technology system 

known as the Enforcement Integrated 

Database (EID). Associated paper 

records are also maintained. EID 

captures and maintains information 

related to the investigation, arrest, 

booking, detention, and removal of 

persons encountered during 

immigration and law enforcement 

investigations and operations conducted 

by ICE. While CBP law enforcement 

personnel can also create and access EID 

information, CBP records in EID are 

covered by the DHS/CBP TECS System 

of Records. 

The EID supports a variety of DHS 

law enforcement processes and 

workflows, especially those related to 

the enforcement of immigration laws. 

As an alleged immigration violator (i.e., 

subject) moves through the enforcement 

process (e.g., arrest, booking, detention, 

or removal), DHS personnel create, 

modify, and access the data stored in 

the EID’s central data repository. In 

addition to supporting the immigration 

enforcement process, EID also supports 

DHS’s arrest and booking of subjects for 

violations of U.S. customs laws and 

other Federal criminal laws. This 

updated system of records notice is 

being published concurrently with the 

Privacy Impact Assessment (PIA) for 

ICE’s EID because information 

maintained in EID is described in this 

notice. The EID PIA is available on the 

DHS Privacy Office Web site at http:// 

www.dhs.gov/privacy. 

Fugitive Alien Records 

The DHS/ICE–011 ENFORCE System 

of Records also contains records 

pertaining to ICE’s efforts to identify, 

locate, apprehend and remove fugitive 

aliens from the United States. Fugitive 

aliens are aliens ordered and/or 

removed from the United States by a 

U.S. Immigration Judge, but who failed 

to appear as ordered for removal. ICE 

maintains records on aliens who are 

fugitives and collects information from 

other government systems and 

commercial data sources to identify 

leads that may reveal the fugitive’s 

current location. ICE records are 

updated when fugitive aliens are 

apprehended and removed by ICE. ICE’s 

Fugitive Case Management System 

(FCMS) is the information system in 

which these records are maintained, and 

associated paper records are also 

maintained. A PIA for FCMS is available 

on the DHS Privacy Office Web site at 

http://www.dhs.gov/privacy. 

Paroled Alien Records 

Finally, the DHS/ICE–011 ENFORCE 

System of Records also contains records 

pertaining to aliens who are paroled 

into the United States by ICE. ICE 

maintains records on the individual 

aliens who are paroled into the United 

States in order to track and manage 

parolees and ensure they comply with 

the terms of parole. ICE’s Parole Case 

Tracking System (PCTS) is the 

information system in which these 

records are maintained, and associated 

paper records are also maintained. A 

PIA for PCTS is in progress and 

expected to be published in 2010. 

Consistent with DHS’s information 

sharing mission, information stored in 

the DHS/ICE–011 ENFORCE 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. 

Portions of the DHS/ALL–011 

ENFORCE System of Records are 

exempt from one or more provisions of 

the Privacy Act because of criminal, 

civil and administrative enforcement 

requirements. Individuals may request 

information about records pertaining to 

them stored in the DHS/ALL–011 

ENFORCE 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), (e)(2), (e)(3), (e)(4)(G), 

(e)(4)(H), (e)(5), and (e)(8); and (g) of the 

Privacy Act pursuant to 5 U.S.C. 

§ 552a(j)(2). In addition, the Secretary of 

Homeland Security has exempted 

portions of this system of records from 

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subsections (c)(3); (d); (e)(1), (e)(4)(G), 

and (e)(4)(H) of the Privacy Act 

pursuant to 5 U.S.C. 552a(k)(2). These 

exemptions apply only to the extent that 

records in the system are subject to 

exemption pursuant to 5 U.S.C. 

552a(j)(2) and (k)(2). 

III. Privacy Act 

The Privacy Act embodies fair 

information principles in a statutory 

framework governing the means by 

which the U.S. 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 U.S. 

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 recordkeeping 

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–011 

Immigration and Enforcement 

Operational Records (ENFORCE) 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–011 

SYSTEM NAME: 

Immigration and Enforcement 

Operational Records (ENFORCE). 

SECURITY CLASSIFICATION: 

Unclassified; Controlled Unclassified 

Information (CUI). 

SYSTEM LOCATION: 

Records are maintained at the U.S. 

Immigration Customs and Enforcement 

(ICE) Headquarters in Washington, DC, 

ICE field and attache ́ offices, and 

detention facilities operated by or on 

behalf of ICE, or that otherwise house 

individuals detained by ICE. 

CATEGORIES OF INDIVIDUALS COVERED BY THE

SYSTEM: 

Categories of individuals covered by 

this system include: 

1. Individuals arrested, detained, and/ 

or removed for criminal and/or 

administrative violations of the 

Immigration and Nationality Act, or 

individuals who are the subject of an 

ICE immigration detainer issued to 

another custodial agency; 

2. Individuals arrested by ICE law 

enforcement personnel for violations of 

Federal criminal laws enforced by ICE 

or DHS; 

3. Individuals who fail to leave the 

United States after receiving a final 

order of removal, deportation, or 

exclusion, or who fail to report to ICE 

for removal after receiving notice to do 

so (fugitive aliens); 

4. Individuals who are granted parole 

into the United States under section 

212(d)(5) of the Immigration and 

Nationality Act (parolees); 

5. Other individuals whose 

information may be collected or 

obtained during the course of an 

immigration enforcement or criminal 

matter, such as witnesses, associates, 

and relatives; 

6. Attorneys or representatives who 

represent individuals listed in 

categories (a)–(d) above; 

7. Persons who post or arrange bond 

for the release of an individual from ICE 

detention, or receive custodial property 

of a detained alien; 

8. Personnel of other agencies who 

assisted or participated in the arrest or 

investigation of an alien, or who are 

maintaining custody of an alien; and 

9. Prisoners of the U.S. Marshals 

Service held in ICE detention facilities. 

CATEGORIES OF RECORDS IN THE SYSTEM: 

Categories of records in this system 

include: 

1. Biographic, descriptive, historical 

and other identifying data, including 

but not limited to: Names; aliases; 

fingerprint identification number (FIN); 

date and place of birth; passport and 

other travel document information; 

nationality; aliases; Alien Registration 

Number (A-Number); Social Security 

Number; contact or location information 

(e.g., known or possible addresses, 

phone numbers); visa information; 

employment, educational, immigration, 

and criminal history; height, weight, eye 

color, hair color and other unique 

physical characteristics (e.g., scars and 

tattoos). 

2. Biometric data: Fingerprints and 

photographs. DNA samples required by 

DOJ regulation (see 28 CFR Part 28) to 

be collected and sent to the Federal 

Bureau of Investigation (FBI). DNA 

samples are not retained or analyzed by 

DHS. 

3. Information pertaining to ICE’s 

collection of DNA samples, limited to 

the date and time of a successful 

collection and confirmation from the 

FBI that the sample was able to be 

sequenced. ICE does not receive or 

maintain the results of the FBI’s DNA 

analysis (i.e., DNA sequences). 

4. Case-related data, including: Case 

number, record number, and other data 

describing an event involving alleged 

violations of criminal or immigration 

law (location, date, time, event category, 

types of criminal or immigration law 

violations alleged, types of property 

involved, use of violence, weapons, or 

assault against DHS personnel or third 

parties, attempted escape and other 

related information; event categories 

describe broad categories of criminal 

law enforcement, such as immigration 

worksite enforcement, contraband 

smuggling, and human trafficking). ICE 

case management information, 

including: Case category, case agent, 

date initiated, and date completed. 

5. Birth, marriage, education, 

employment, travel, and other 

information derived from affidavits, 

certificates, manifests, and other 

documents presented to or collected by 

ICE during immigration and law 

enforcement proceedings or activities. 

This data typically pertains to subjects, 

relatives, and witnesses. 

6. Detention data on aliens, including 

immigration detainers issued; 

transportation information; detentionrelated identification numbers; 

custodial property; information about an 

alien’s release from custody on bond, 

recognizance, or supervision; detention 

facility; security classification; book-in/ 

book-out date and time; mandatory 

detention and criminal flags; aggravated 

felon status; and other alerts. 

7. Detention data for U.S. Marshals 

Service prisoners, including: prisoner’s 

name, date of birth, country of birth, 

detainee identification number, FBI 

identification number, State 

identification number, book-in date, 

book-out date, and security 

classification; 

8. Limited health information relevant 

to an individual’s placement in an ICE 

detention facility or transportation 

requirements (e.g., general information 

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on physical disabilities or other special 

needs to ensure that an individual is 

placed in a facility or bed that can 

accommodate their requirements). 

Medical records about individuals in 

ICE custody (i.e., records relating to the 

diagnosis or treatment of individuals) 

are maintained in DHS/ICE—013 Alien 

Medical Records System of Records; 

9. Progress, status and final result of 

removal, prosecution, and other DHS 

processes and relating appeals, 

including: information relating to 

criminal convictions, incarceration, 

travel documents and other information 

pertaining to the actual removal of 

aliens from the United States. 

10. Contact, biographical and 

identifying data of relatives, attorneys or 

representatives, associates or witnesses 

of an alien in proceedings initiated and/ 

or conducted by DHS including, but not 

limited to: name, date of birth, place of 

birth, telephone number, and business 

or agency name. 

11. Data concerning personnel of 

other agencies that arrested, or assisted 

or participated in the arrest or 

investigation of, or are maintaining 

custody of an individual whose arrest 

record is contained in this system of 

records. This can include: name, title, 

agency name, address, telephone 

number and other information. 

12. Data about persons who post or 

arrange an immigration bond for the 

release of an individual from ICE 

custody, or receive custodial property of 

an individual in ICE custody. This data 

may include: name, address, telephone 

number, Social Security Number and 

other information. 

AUTHORITY FOR MAINTENANCE OF THE SYSTEM: 

8 U.S.C. 1103, 1225, 1226, 1324, 1357, 

1360, and 1365(a)(b); Justice for All Act 

of 2004 (Pub. L. 108–405); DNA 

Fingerprint Act of 2005 (Pub. L. 109– 

162); Adam Walsh Child Protection and 

Safety Act of 2006 (Pub. L. 109–248); 

and 28 CFR Part 28, ‘‘DNA–Sample 

Collection and Biological Evidence 

Preservation in the Federal 

Jurisdiction.’’ 

PURPOSE(S): 

The purposes of this system are: 

1. To support the identification, 

apprehension, and removal of 

individuals unlawfully entering or 

present in the United States in violation 

of the Immigration and Nationality Act, 

including fugitive aliens. 

2. To support the identification and 

arrest of individuals (both citizens and 

non-citizens) who commit violations of 

Federal criminal laws enforced by DHS. 

3. To track the process and results of 

administrative and criminal proceedings 

against individuals who are alleged to 

have violated the Immigration and 

Nationality Act or other laws enforced 

by DHS. 

4. To support the grant, denial, and 

tracking of individuals who seek or 

receive parole into the United States. 

5. To provide criminal and 

immigration history information during 

DHS enforcement encounters, and 

background checks on applicants for 

DHS immigration benefits (e.g., 

employment authorization and 

petitions). 

6. To identify potential criminal 

activity, immigration violations, and 

threats to homeland security; to uphold 

and enforce the law; and to ensure 

public safety. 

ROUTINE USES OF RECORDS MAINTAINED IN THE

SYSTEM, INCLUDING CATEGORIES OF USERS AND

THE PURPOSES OF SUCH USES: 

In addition to those disclosures 

generally permitted under 5 U.S.C. 

552a(b) of the Privacy Act, all or a 

portion of the records 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 (DOJ) 

or other Federal agency conducting 

litigation or in proceedings before any 

court, adjudicative or administrative 

body, or to a court, magistrate, 

administrative tribunal, opposing 

counsel, parties, and witnesses, in the 

course of a civil or criminal proceeding 

before a court or adjudicative 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 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 U.S. or any agency thereof, is 

a party to the litigation or has an interest 

in such litigation, and DHS determines 

that the records are both relevant and 

necessary to the litigation and the use of 

such records is compatible with the 

purpose for which DHS collected the 

records. 

B. To a congressional office from the 

record of an individual in response to 

an inquiry from that congressional office 

made at the request of the individual to 

whom the record pertains. 

C. To the National Archives and 

Records Administration or other Federal 

government agencies pursuant to 

records management inspections being 

conducted under the authority of 44 

U.S.C. 2904 and 2906. 

D. To an agency, organization, or 

individual for the purpose of performing 

audit or oversight operations as 

authorized by law, but only such 

information as is necessary and relevant 

to such audit or oversight function. 

E. To appropriate agencies, entities, 

and persons when: 

1. DHS suspects or has confirmed that 

the security or confidentiality of 

information in the system of records has 

been compromised; 

2. DHS 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 who 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 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, including to an actual or 

potential party or his or her attorney, or 

in connection with criminal law 

proceedings. 

I. To other Federal, State, local, or 

foreign government agencies, 

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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. 

J. 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. 

K. To other Federal agencies for the 

purpose of conducting national 

intelligence and security investigations. 

L. To any Federal agency, where 

appropriate, to enable such agency to 

make determinations regarding the 

payment of Federal benefits to the 

record subject in accordance with that 

agency’s statutory responsibilities. 

M. To foreign governments for the 

purpose of coordinating and conducting 

the removal of aliens to other nations; 

and to international, foreign, and 

intergovernmental agencies, authorities, 

and organizations in accordance with 

law and formal or informal international 

arrangements. 

N. To family members and attorneys 

or other agents acting on behalf of an 

alien, to assist those individuals in 

determining whether: (1) The alien has 

been arrested by DHS for immigration 

violations; (2) the location of the alien 

if in DHS custody; or (3) the alien has 

been removed from the United States, 

provided however, that the requesting 

individuals are able to verify the alien’s 

date of birth or Alien Registration 

Number (A–Number), or can otherwise 

present adequate verification of a 

familial or agency relationship with the 

alien. 

O. To the DOJ Executive Office of 

Immigration Review (EOIR) or their 

contractors, consultants, or others 

performing or working on a contract for 

EOIR, for the purpose of providing 

information about aliens who are or may 

be placed in removal proceedings so 

that EOIR may arrange for the provision 

of educational services to those aliens 

under EOIR’s Legal Orientation 

Program. 

P. To attorneys or legal 

representatives for the purpose of 

facilitating group presentations to aliens 

in detention that will provide the aliens 

with information about their rights 

under U.S. immigration law and 

procedures. 

Q. To a Federal, State, Tribal or local 

government agency to assist such 

agencies in collecting the repayment of 

recovery of loans, benefits, grants, fines, 

bonds, civil penalties, judgments or 

other debts owed to them or to the U.S. 

Government, and/or to obtain 

information that may assist DHS in 

collecting debts owed to the U.S. 

Government. 

R. To the State Department in the 

processing of petitions or applications 

for immigration benefits and nonimmigrant visas under the Immigration 

and Nationality Act, and all other 

immigration and nationality laws 

including treaties and reciprocal 

agreements; or when the State 

Department requires information to 

consider and/or provide an informed 

response to a request for information 

from a foreign, international, or 

intergovernmental agency, authority, or 

organization about an alien or an 

enforcement operation with 

transnational implications. 

S. To 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. 

T. 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. 

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 deconfliction 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 the U.S. Marshals Service 

concerning Marshals Service prisoners 

that are or will be held in detention 

facilities operated by or on behalf of ICE 

in order to coordinate the 

transportation, custody, and care of 

these individuals. 

W. To third parties to facilitate 

placement or release of an alien (e.g., at 

a group home, homeless shelter, etc.) 

who has been or is about to be released 

from ICE custody but only such 

information that is relevant and 

necessary to arrange housing or 

continuing medical care for the alien. 

X. To an appropriate domestic 

government agency or other appropriate 

authority for the purpose of providing 

information about an alien who has 

been or is about to be released from ICE 

custody who, due to a condition such as 

mental illness, may pose a health or 

safety risk to himself/herself or to the 

community. ICE will only disclose 

information about the individual that is 

relevant to the health or safety risk they 

may pose and/or the means to mitigate 

that risk (e.g., the alien’s need to remain 

on certain medication for a serious 

mental health condition). 

Y. To the 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 from 

ICE to the other agency. This will 

include the transfer of information 

about unaccompanied minor children to 

the U.S. Department of Health and 

Human Services (HHS) to facilitate the 

custodial transfer of such children from 

ICE to HHS. 

Z. To DOJ, disclosure of DNA samples 

and related information as required by 

28 CFR Part 28. 

AA. To DOJ, disclosure of arrest and 

removal information for inclusion in 

relevant DOJ law enforcement databases 

and for use in the enforcement Federal 

firearms laws (e.g., Brady Act). 

BB. To Federal, State, local, Tribal, 

territorial, or foreign governmental or 

quasi-governmental agencies or courts 

to confirm the location, custodial status, 

removal or voluntary departure of an 

alien from the United States, in order to 

facilitate the recipient agencies’ exercise 

of responsibilities pertaining to the 

custody, care, or legal rights (including 

issuance of a U.S. passport) of the 

removed individual’s minor children, or 

the adjudication or collection of child 

support payments or other debts owed 

by the removed individual. 

CC. Disclosure 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. 

DD. 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.) 

EE. To an individual or entity seeking 

to post or arrange, or who has already 

posted or arranged, an immigration 

bond for an alien to aid the individual 

or entity in (1) identifying the location 

of the alien, or (2) posting the bond, 

obtaining payments related to the bond, 

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Federal Register / Vol. 75, No. 39 / Monday, March 1, 2010 / Notices 9243 

or conducting other administrative or 

financial management activities related 

to the bond. 

FF. To appropriate Federal, State, 

local, Tribal, or foreign 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. 

GG. To the news media and the 

public, with the approval of the Chief 

Privacy Officer in consultation with 

counsel, when there exists a legitimate 

public interest in the disclosure of the 

information or when disclosure is 

necessary to preserve confidence in the 

integrity of DHS or is necessary to 

demonstrate the accountability of DHS’s 

officers, employees, or individuals 

covered by the system, except to the 

extent it is determined that release of 

the specific information in the context 

of a particular case would constitute an 

unwarranted invasion of personal 

privacy. 

DISCLOSURE TO CONSUMER REPORTING

AGENCIES: 

None. 

POLICIES AND PRACTICES FOR STORING, 

RETRIEVING, ACCESSING, RETAINING, AND

DISPOSING OF RECORDS IN THE SYSTEM: 

STORAGE: 

Information can be stored in case file 

folders, cabinets, safes, or a variety of 

electronic or computer databases and 

storage media. 

RETRIEVABILITY: 

Records may be retrieved by name, 

identification numbers including, but 

not limited to, alien registration number 

(A–Number), fingerprint identification 

number, Social Security Number, case 

or record number if applicable, case 

related data and/or combination of other 

personal identifiers including, but not 

limited to, date of birth and nationality. 

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 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. 

RETENTION AND DISPOSAL: 

ICE is in the process of drafting a 

proposed record retention schedule for 

the information maintained in the 

Enforcement Integrated Database (EID). 

ICE anticipates retaining records of 

arrests, detentions and removals in EID 

for one-hundred (100) years; records 

concerning U.S. Marshals Service 

prisoners for ten (10) years; fingerprints 

and photographs collected using Mobile 

IDENT for up to seven (7) days in the 

cache of an encrypted government 

laptop; Enforcement Integrated Database 

Data Mart (EID–DM), ENFORCE Alien 

Removal Module Data Mart (EARM– 

DM), and ICE Integrated Decision 

Support (IIDS) records for seventy-five 

(75) years; user account management 

records (UAM) for ten (10) years 

following an individual’s separation of 

employment from Federal service; 

statistical records for ten (10) years; 

audit files for fifteen (15) years; and 

backup files for up to one (1) month. 

ICE anticipates retaining records from 

the Fugitive Case Management System 

(FCMS) for ten (10) years after a fugitive 

alien has been arrested and removed 

from the United States; 75 years from 

the creation of the record for a criminal 

fugitive alien that has not been arrested 

and removed; ten (10) years after a 

fugitive alien reaches 70 years of age, 

provided the alien has not been arrested 

and removed and does not have a 

criminal history in the United States; 

ten (10) years after a fugitive alien has 

obtained legal status; ten (10) years after 

arrest and/or removal from the United 

States for a non-fugitive alien’s 

information, whichever is later; audit 

files for 90 days; backup files for 30 

days; and reports for ten (10) years or 

when no longer needed for 

administrative, legal, audit, or other 

operations purposes. 

SYSTEM MANAGER AND ADDRESS: 

Unit Chief, Law Enforcement 

Systems/Data Management, U.S. 

Immigration and Customs Enforcement, 

Office of Investigations Law 

Enforcement Support and Information 

Management Division, Potomac Center 

North, 500 12th Street, SW., 

Washington, DC 20536. 

NOTIFICATION PROCEDURE: 

The Secretary of Homeland Security 

has exempted this system from the 

notification, access, and amendment 

procedures of the Privacy Act because it 

is a law enforcement system. However, 

ICE will consider 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.’’ 

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 in the system are supplied by 

several sources. In general, information 

is obtained from individuals covered by 

this system, and other Federal, State, 

local, Tribal, or foreign governments. 

More specifically, DHS/ICE–011 records 

derive from the following sources: 

(a) Individuals covered by the system 

and other individuals (e.g., witnesses, 

family members); 

(b) Other Federal, State, local, Tribal, 

or foreign governments and government 

information systems; 

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9244 Federal Register / Vol. 75, No. 39 / Monday, March 1, 2010 / Notices 

(c) Business records; 

(d) Evidence, contraband, and other 

seized material; and 

(e) Public and commercial sources. 

EXEMPTIONS CLAIMED FOR THE SYSTEM: 

The Secretary of Homeland Security 

has exempted portions of this system of 

records from subsections (c)(3) and (4); 

(d); (e)(1), (e)(2), (e)(3), (e)(4)(G), 

(e)(4)(H), (e)(5), and (e)(8); and (g) of the 

Privacy Act pursuant to 5 U.S.C. 

552a(j)(2). In addition, the Secretary of 

Homeland Security has exempted 

portions of this system of records from 

subsections (c)(3); (d); (e)(1), (e)(4)(G), 

and (e)(4)(H) of the Privacy Act 

pursuant to 5 U.S.C. 552a(k)(2). These 

exemptions apply only to the extent that 

records in the system are subject to 

exemption pursuant to 5 U.S.C. 

552a(j)(2) and (k)(2). 

In addition, to the extent a record 

contains information from other exempt 

systems of records, DHS will rely on the 

exemptions claimed for those systems. 

Dated: February 24, 2010. 

Mary Ellen Callahan, 

Chief Privacy Officer, Department of 

Homeland Security. 

[FR Doc. 2010–4099 Filed 2–26–10; 8:45 am] 

BILLING CODE 9111–28–P 

DEPARTMENT OF HOUSING AND 

URBAN DEVELOPMENT 

[Docket No. FR–5376–N–15] 

Fungibility Plan and Follow-Up 

Reporting To Implement Section 901 

on Voucher Funds for Displaced 

Hurricane Katrina and Rita Families 

AGENCY: Office of the Chief Information 

Officer, HUD. 

ACTION: Notice. 

SUMMARY: The proposed information 

collection requirement described below 

has been submitted to the Office of 

Management and Budget (OMB) for 

review, as required by the Paperwork 

Reduction Act. The Department is 

soliciting public comments on the 

subject proposal. 

Eligible PHAs in areas most heavily 

impacted by Hurricanes Katrina and 

Rita will submit a Notice of Intent and 

Section 901 Fungibility Plan to inform 

HUD they will exercise funding 

flexibility and describe how program 

funds will be used. PHAs will submit 

quarterly and annual reports on fund 

utilization. 

DATES: Comments Due Date: March 31, 

2010. 

ADDRESSES: Interested persons are 

invited to submit comments regarding 

this proposal. Comments should refer to 

the proposal by name and/or OMB 

approval Number (2577–0245) and 

should be sent to: HUD Desk Officer, 

Office of Management and Budget, New 

Executive Office Building, Washington, 

DC 20503; fax: 202–395–5806. 

FOR FURTHER INFORMATION CONTACT: 

Leroy McKinney Jr., Reports 

Management Officer, QDAM, 

Department of Housing and Urban 

Development, 451 Seventh Street, SW., 

Washington, DC 20410; e-mail Leroy 

McKinney Jr. at 

Leroy.McKinneyJr@hud.gov or telephone 

(202) 402–5564. This is not a toll-free 

number. Copies of available documents 

submitted to OMB may be obtained 

from Mr. McKinney. 

SUPPLEMENTARY INFORMATION: This 

notice informs the public that the 

Department of Housing and Urban 

Development has submitted to OMB a 

request for approval of the Information 

collection described below. This notice 

is soliciting comments from members of 

the public and affecting agencies 

concerning the proposed collection of 

information to: (1) Evaluate whether the 

proposed collection of information is 

necessary for the proper performance of 

the functions of the agency, including 

whether the information will have 

practical utility; (2) Evaluate the 

accuracy of the agency’s estimate of the 

burden of the proposed collection of 

information; (3) Enhance the quality, 

utility, and clarity of the information to 

be collected; and (4) Minimize the 

burden of the collection of information 

on those who are to respond; including 

through the use of appropriate 

automated collection techniques or 

other forms of information technology, 

e.g., permitting electronic submission of 

responses. 

This notice also lists the following 

information: 

Title of Proposal: Notice of Intent and 

Fungibility Plan and Follow-Up 

Reporting to Implement Section 901 of 

2006 Supplemental Emergency 

Appropriations authorizing PHAs to 

Combine or Use Public Housing Capital 

or Operating Funds, or Housing Choice 

Voucher Funds for other program 

purposes to Aid Formerly Assisted 

Families Displaced by Hurricanes 

Katrina and Rita. 

OMB Approval Number: 2577–0245. 

Form Numbers: None. 

Description of the Need for the 

Information and its Proposed Use: 

Eligible PHAs in areas most heavily 

impacted by Hurricanes Katrina and 

Rita will submit a Notice of Intent and 

Section 901 Fungibility Plan to inform 

HUD they will exercise funding 

flexibility and describe how program 

funds will be used. PHAs will submit 

quarterly and annual reports on fund 

utilization. 

Frequency of Submission: Quarterly, 

Annually, Other one-time upfront 

fungibility plan submission-annual 

reporting for 5 years, one final report. 

Number of 

respondents 

Annual 

responses × Hours per response = Burden hours 

Reporting Burden ..... 12 6 23.33 1,680 

Total Estimated Burden Hours: 1,680. 

Status: Extension of a currently 

approved collection. 

Authority: Section 3507 of the Paperwork 

Reduction Act of 1995, 44 U.S.C. 35, as 

amended. 

Dated: February 23, 2010. 

Leroy McKinney, Jr., 

Departmental Reports Management Officer, 

Office of the Chief Information Officer. 

[FR Doc. 2010–4158 Filed 2–26–10; 8:45 am] 

BILLING CODE 4210–67–P 

DEPARTMENT OF HOUSING AND 

URBAN DEVELOPMENT 

[Docket No. FR–5380–N–11] 

Notice of Proposed Information 

Collection: Comment Request; Owner 

of Record and Re-Sale Data To 

Preclude Predatory Lending Practices 

(Property Flipping) on FHA Insured 

Mortgages 

AGENCY: Office of the Assistant 

Secretary for Housing, HUD. 

ACTION: Notice. 

SUMMARY: The proposed information 

collection requirement described below 

will be submitted to the Office of 

Management and Budget (OMB) for 

review, as required by the Paperwork 

Reduction Act. The Department is 

soliciting public comments on the 

subject proposal. 

DATES: Comments Due Date: April 30, 

2010. 

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