Federal Register / Vol. 75, No. 39 / Monday, March 1, 2010 / Notices 9233 

Periodically, CDC estimates the 

overall burden of foodborne illness. 

CDC’s estimate of the overall burden of 

foodborne illness has a much larger 

scope than CDC’s annual reports and 

draws heavily from FoodNet data as 

well as from a much wider variety of 

data sources, both inside and outside of 

CDC. This estimate also includes 

norovirus, a major contributor to the 

overall burden of foodborne disease, 

which can be transmitted not only by 

foods, but also by environmental 

sources, and is not monitored by 

FoodNet. CDC’s last estimate of the 

overall burden of foodborne illness was 

issued in 1999 and included unknown 

causes of foodborne illness (Ref. 2). 

Since then, advances in methodology 

and data sources have improved 

capabilities in developing disease 

burden estimates; these will be reflected 

in CDC’s next estimate. 

In addition to CDC estimates, FDA 

and USDA use other measures to gauge 

the success, or implied success (i.e., via 

proxy measures), of policies and 

interventions for reducing foodborne 

illness. For example, although 

measurements of the food industry’s 

compliance with a given food safety 

regulation cannot be used to directly 

measure the regulation’s impact on the 

rate of foodborne illness, improved 

compliance can be reasonably expected 

to improve the likelihood that the foods 

involved will be safer and, thus, the 

likelihood that fewer illnesses will 

result. Examples include the tracking of 

E. coli O157:H7 in ground beef and of 

Salmonella in meat, and surveys of both 

domestic and imported produce, such as 

surveys conducted by FDA and USDA’s 

Microbiological Data Program, which 

have targeted Salmonella and E. coli 

O157:H7. 

II. Purpose of the Workshop and Topics 

for Discussion 

The purpose of this initial 1-day 

public workshop is to discuss current 

and potential measurements for 

assessing progress in food safety and to 

provide workshop participants an 

opportunity to learn about metrics and 

to consider and suggest metrics for 

assessing the effects that policies and 

interventions have on foodborne illness. 

The workshop will focus on the current 

status and challenges involved in 

measuring foodborne illness and trends 

over time, including incidence and 

trends in the overall burden of 

foodborne illness and illnesses 

associated with specific foodborne 

pathogens and specific pathogens that 

affect specific foods. The workshop will 

include a discussion of other measures 

that are, or could be, used to measure 

food safety progress that cannot be 

directly linked to health outcomes. 

These include measures of process 

control in food production, studies on 

the prevalence of specific pathogens in 

specific classes of food, and studies of 

compliance with recommended or 

required food safety practices in retail 

and food-service operations. 

Specifically, topics to be discussed 

include CDC’s data sources and 

methods, including methods for 

estimating the burden of foodborne 

illness, and their various limitations and 

utilities; and FDA’s and USDA’s 

ongoing measures to gauge the success, 

or implied success (i.e., via the kinds of 

proxy measures described in previously 

mentioned examples; e.g., surveys for E. 

coli O157:H7 and Salmonella in 

produce and tracking of specific 

pathogens in meat), of policies and 

interventions, including the level of 

compliance with food safety regulations. 

III. Transcripts 

Please be advised that as soon as a 

transcript is available, it will be 

accessible at http:// 

www.regulations.gov. It may be viewed 

at the Division of Dockets Management 

(HFA–305), Food and Drug 

Administration, 5630 Fishers Lane, rm. 

1061, Rockville, MD 20852. A transcript 

will also be available in either hardcopy 

or on CD–ROM, after submission of a 

Freedom of Information request. Written 

requests are to be sent to Division of 

Freedom of Information (HFI–35), Office 

of Management Programs, Food and 

Drug Administration, 5600 Fishers 

Lane, rm. 6–30, Rockville, MD 20857. 

IV. References 

The following references are on 

display at the Division of Dockets 

Management (see Transcripts), between 

9 a.m. and 4 p.m., Monday through 

Friday. (FDA has verified the following 

Web site address, but FDA is not 

responsible for any subsequent changes 

to the Web site after this document 

publishes in the Federal Register.) 

1. President’s Food Safety Working Group 

findings, http://www.foodsafetyworking

group.gov/ContentKeyFindings/HomeKey

Findings.htm. 

2. Mead P.S., L. Slutsker, V. Dietz, et al., 

Food-Related Illness and Death in the United 

States, Emerging Infectious Diseases, 5(5), 

607–625, 1999. 

Dated: February 23, 2010. 

Leslie Kux, 

Acting Assistant Commissioner for Policy. 

[FR Doc. 2010–4110 Filed 2–26–10; 8:45 am] 

BILLING CODE 4160–01–S 

DEPARTMENT OF HOMELAND 

SECURITY 

Office of the Secretary 

[Docket No. DHS–2009–0071] 

Privacy Act of 1974; U.S. Immigration 

and Customs Enforcement–006 

Intelligence Records System of 

Records 

AGENCY: Privacy Office, DHS. 

ACTION: Notice of Privacy Act system of 

records. 

SUMMARY: In accordance with the 

Privacy Act of 1974, U.S. Immigration 

and Customs Enforcement is modifying 

an existing system of records titled the 

Immigration and Customs Enforcement– 

006 Intelligence Records System (Dec. 9, 

2008), to clarify the nature of the 

personally identifiable information that 

will be collected and maintained on 

individuals. In conjunction with its 

publication of the Privacy Impact 

Assessment for the ICEGangs system, 

Immigration and Customs Enforcement 

is modifying the DHS/ICE–006 

Immigration and Customs Enforcement 

Intelligence Records system of records 

notice to more clearly explain the type 

of information it gathers on suspected 

and confirmed gang members and 

associates. This DHS/Immigration and 

Customs Enforcement–006 Intelligence 

Records system of records notice 

updates categories of individuals; 

categories of records; purpose of the 

system; adding a routine use; and 

policies and practices for retaining and 

disposing of records in the system. 

Immigration and Customs Enforcement 

is soliciting comments on this SORN 

due to the clarifying changes that were 

made since the original publication. A 

Privacy Impact Assessment on ICEGangs 

that describes the system in detail is 

being published concurrently with this 

notice. In addition, this notice addresses 

one comment that was received in 

response to the original publication of 

the Immigration and Customs 

Enforcement Intelligence Records SORN 

on December 9, 2008. A final rule is 

being published concurrently with this 

notice in which the Department 

exempts portions of this system of 

records from one or more provisions of 

the Privacy Act because of criminal, 

civil, and administrative enforcement 

requirements. 

DATES: This amended system of records 

will be effective March 31, 2010. 

Written comments must be submitted 

on or before March 31, 2010. 

ADDRESSES: You may submit comments, 

identified by docket number DHS– 

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9234 Federal Register / Vol. 75, No. 39 / Monday, March 1, 2010 / Notices 

2009–0071 by one of the following 

methods: 

• Federal e-Rulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• Fax: 703–483–2999. 

• Mail: Mary Ellen Callahan, Chief 

Privacy Officer, Privacy Office, 

Department of Homeland Security, 

Washington, DC 20528. 

• Instructions: All submissions 

received must include the agency name 

and docket number for this rulemaking. 

All comments received will be posted 

without change to http:// 

www.regulations.gov, including any 

personal information provided. 

• Docket: For access to the docket to 

read background documents or 

comments received go to http:// 

www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: For 

general questions please contact Lyn M. 

Rahilly (202–732–3300), Privacy Officer, 

U.S. Immigration and Customs 

Enforcement, 500 12th Street, SW., 

Washington, DC 20536. For privacy 

issues please contact Mary Ellen 

Callahan (703–235–0780), Chief Privacy 

Officer, Privacy Office, U.S. Department 

of Homeland Security, Washington, DC 

20528. 

SUPPLEMENTARY INFORMATION: 

I. Background 

The Immigration and Customs 

Enforcement (ICE) Intelligence Records 

(IIRS) system of records was originally 

established on December 9, 2008 (73 FR 

74735), and public comments were 

solicited for the SORN and the 

associated Notice of Proposed 

Rulemaking (73 FR 74633, Dec. 9, 2008) 

which proposed to exempt this system 

from one or more provisions of the 

Privacy Act because of criminal, civil, 

and administrative enforcement 

requirements. Due to urgent homeland 

security and law enforcement mission 

needs, ICE was already maintaining 

these records when the original IIRS 

SORN was published. Recognizing that 

ICE published a system of records notice 

for an existing system, ICE committed to 

reviewing and considering public 

comments, apply appropriate revisions, 

and republish the IIRS system of records 

notice within 180 days of receipt of 

comments. A new routine use is also 

proposed to allow data sharing between 

ICE and other law enforcement agencies 

for the purpose of collaboration, 

coordination, and de-confliction of 

cases. 

In addition to the records described in 

the initial publication of IIRS, this 

notice also consists of information 

maintained by the ICE Office of 

Investigations concerning suspected or 

confirmed gang members and associates 

included in a database called ICEGangs. 

ICEGangs maintains personal 

information about individuals who 

qualify as suspected or confirmed gang 

members and associates under ICE 

criteria. ICEGangs stores the following 

data about each gang member and 

associate to the extent it is available: 

Biographic information (name, date of 

birth, etc.), immigration status, gang 

affiliation, physical description, 

government-issued identification 

numbers, photos of the individual, 

identities of gang associates, field 

interview notes, and criminal history 

information. ICEGangs also stores 

general comments entered by the ICE 

agent that created the gang member or 

associate record as well as a reference to 

the official evidentiary system of 

records where official case files are 

stored. 

ICEGangs has two main purposes. 

First, it supplements the existing ICE 

case management system by providing a 

consolidated repository of information 

on gang members and associates and 

gang-related activity. ICEGangs allows 

ICE agents and support personnel to 

search gang-oriented information in a 

more efficient and effective manner than 

is possible in ICE’s standard 

investigative case management system. 

For example, an ICE field agent can 

query ICEGangs for a list of members in 

a specific gang. It is not currently 

possible to perform the same sort of 

query using ICE’s investigative case 

management system. As a matter of 

policy, ICE agents are required to create 

and/or update ICEGangs records for 

suspected and/or confirmed gang 

members and associates whenever they 

encounter gang members and associates 

in the field during their official law 

enforcement activities. ICEGangs 

records also contain references to the 

official evidentiary system of records, 

which allows ICE agents and support 

personnel to refer to official case 

records. 

Second, ICEGangs facilitates the 

sharing of gang information between ICE 

and other law enforcement agencies. In 

particular, ICE currently provides the 

California Department of Justice 

(CalDOJ) access to the data in ICEGangs. 

CalDOJ users access ICEGangs through 

their own CalGangs application which 

accesses the ICEGangs repository 

remotely. In the future, ICE anticipates 

that it will share information with other 

State and local law enforcement 

agencies that use the GangNET software. 

ICE will require access controls for State 

and local agencies as a prerequisite to 

gaining access to ICEGangs. 

II. Public Comment 

One public comment was received, 

but as it did not pertain to the SORN or 

proposed rule, it is not addressed here. 

A final rule is published concurrently 

with this notice in this issue of the 

Federal Register. 

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 personally identifiable 

information. The Privacy Act applies to 

information that is maintained in a 

‘‘system of records.’’ A ‘‘system of 

records’’ is a group of any records under 

the control of an agency for which 

information is retrieved by the name of 

an individual or by some identifying 

number, symbol, or other identifying 

particular assigned to the individual. In 

the Privacy Act, an individual is defined 

to encompass United States citizens and 

legal permanent residents. As a matter 

of policy, DHS extends administrative 

Privacy Act protections to all 

individuals where systems of records 

maintain information on U.S. citizens, 

lawful permanent residents, and 

visitors. Individuals may request access 

to their own records that are maintained 

in a system of records in the possession 

or under the control of DHS by 

complying with DHS Privacy Act 

regulations, 6 CFR Part 5. 

The Privacy Act requires each agency 

to publish in the Federal Register a 

description denoting the type and 

character of each system of records that 

the agency maintains, and the routine 

uses that are contained in each system 

in order to make agency record keeping 

practices transparent, to notify 

individuals regarding the uses to which 

personally identifiable information is 

put, and to assist individuals to more 

easily find such files within the agency. 

Below is the description of the 

Immigration and Customs Enforcement– 

006 Intelligence Records system of 

records. 

In accordance with 5 U.S.C. 552a(r), 

DHS has provided a report of this new 

system of records to the Office of 

Management and Budget and to 

Congress. 

SYSTEM OF RECORDS

DHS/ICE–006 

SYSTEM NAME: 

ICE Intelligence Records System 

(IIRS). 

SECURITY CLASSIFICATION: 

Sensitive But Unclassified, Classified. 

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Federal Register / Vol. 75, No. 39 / Monday, March 1, 2010 / Notices 9235 

SYSTEM LOCATION: 

Records are maintained at ICE 

Headquarters in Washington, DC, and 

field offices. 

CATEGORIES OF INDIVIDUALS COVERED BY THE

SYSTEM: 

Categories of individuals covered by 

this system include the following: (1) 

Individuals (e.g., subjects, witnesses, 

associates) associated with immigration 

enforcement activities or law 

enforcement investigations/activities 

conducted by ICE, the former 

Immigration and Naturalization Service, 

or the former U.S. Customs Service; (2) 

individuals associated with law 

enforcement investigations or activities 

conducted by other Federal, State, 

Tribal, territorial, local or foreign 

agencies where there is a potential 

nexus to ICE’s law enforcement and 

immigration enforcement 

responsibilities or homeland security in 

general; (3) individuals known or 

appropriately suspected to be or have 

been engaged in conduct constituting, in 

preparation for, in aid of, or related to 

terrorism; (4) individuals involved in, 

associated with, or who have reported 

suspicious activities, threats, or other 

incidents reported by domestic and 

foreign government agencies, 

multinational or non-governmental 

organizations, critical infrastructure 

owners and operators, private sector 

entities and organizations, and 

individuals; (5) individuals who are the 

subjects of or otherwise identified in 

classified or unclassified intelligence 

reporting received or reviewed by ICE; 

and (6) individuals who are known or 

suspected gang members or associates, 

including records maintained in the 

ICEGangs system. 

IIRS includes an information 

technology system known as the 

Intelligence Fusion System (IFS). In 

addition to the categories of individuals 

listed above, IFS also includes the 

following: (1) Individuals identified in 

law enforcement, intelligence, crime, 

and incident reports (including 

financial reports under the Bank 

Secrecy Act and law enforcement 

bulletins) produced by DHS and other 

government agencies; (2) individuals 

identified in U.S. visa, border, 

immigration and naturalization benefit 

data, including arrival and departure 

data; (3) individuals identified in DHS 

law enforcement and immigration 

records; (4) individuals not authorized 

to work in the United States; (5) 

individuals whose passports have been 

lost or stolen; and (6) individuals 

identified in public news reports. 

CATEGORIES OF RECORDS IN THE SYSTEM: 

Categories of records in this system 

include: (1) Biographic information 

(name, date of birth, social security 

number, alien registration number, 

citizenship/immigration status, passport 

information, addresses, phone numbers, 

etc.); (2) Records of immigration 

enforcement activities or law 

enforcement investigations/activities 

conducted by ICE, the former 

Immigration and Naturalization Service, 

or the former U.S. Customs Service; (3) 

Information (including documents and 

electronic data) collected by DHS from 

or about individuals during 

investigative activities and border 

searches; (4) Records of immigration 

enforcement activities and law 

enforcement investigations/activities 

that have a possible nexus to ICE’s law 

enforcement and immigration 

enforcement responsibilities or 

homeland security in general; (5) Law 

enforcement, intelligence, crime, and 

incident reports (including financial 

reports under the Bank Secrecy Act and 

law enforcement bulletins) produced by 

DHS and other government agencies; (6) 

U.S. visa, border immigration and 

naturalization benefit data, including 

arrival and departure data; (7) Terrorist 

watchlist information and other 

terrorism related information regarding 

threats, activities, and incidents; (8) Lost 

and stolen passport data; (9) Records 

pertaining to known or suspected 

terrorists, terrorist incidents, activities, 

groups, and threats; (10) ICE-generated 

intelligence requirements, analysis, 

reporting, and briefings; (11) Third party 

intelligence reporting; (12) Articles, 

public-source data, and other published 

information on individuals and events 

of interest to ICE; (13) Records and 

information from government data 

systems or retrieved from commercial 

data providers in the course of 

intelligence research, analysis and 

reporting; (14) Reports of suspicious 

activities, threats, or other incidents 

generated by ICE and third parties; and 

(15) Additional information about 

known and suspected gang members 

and associates such as biographic 

information (name, date of birth, etc.), 

immigration status, gang affiliation, 

physical description, government-issued 

identification numbers, photos of the 

individual, identities of gang associates, 

field interview notes, and criminal 

history information. 

AUTHORITY FOR MAINTENANCE OF THE SYSTEM: 

5 U.S.C. 301; 8 U.S.C. 1103, 1105, 

1225(d)(3), 1324(b)(3), 1357(a), and 

1360(b); 19 U.S.C. 1 and 1509. 

PURPOSE(S): 

The purpose of this system is: 

(a) To maintain records that reflect 

and generally support ICE’s collection, 

analysis, reporting, and distribution of 

law enforcement, immigration 

administration, terrorism, intelligence, 

and homeland security information in 

support of ICE’s law enforcement and 

immigration administration mission. 

(b) To produce law-enforcement 

intelligence reporting that provides 

actionable information to ICE’s law 

enforcement and immigration 

administration personnel and to other 

appropriate government agencies. 

(c) To enhance the efficiency and 

effectiveness of the research and 

analysis process for DHS law 

enforcement, immigration, and 

intelligence personnel through 

information technology tools that 

provide for advanced search and 

analysis of various datasets. 

(d) To facilitate multi-jurisdictional 

informational exchange between ICE 

and other law enforcement agencies 

regarding known and suspected gang 

members and associates; and 

(e) 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 or 

other Federal agency conducting 

litigation or in proceedings before any 

court, adjudicative or administrative 

body, when (1) DHS or any component 

thereof; (2) any employee of DHS in his/ 

her official capacity; (3) any employee 

of DHS in his/her individual capacity 

where DOJ or DHS has agreed to 

represent the employee; or (4) the 

United States or any agency thereof, is 

a party to the litigation or has an interest 

in such litigation; and DHS determines 

that the records are both relevant and 

necessary to the litigation and the use of 

such records is compatible with the 

purpose for which DHS collected the 

records. 

B. To the Department of Justice (DOJ), 

Civil Rights Division, for the purpose of 

responding to matters within the DOJ’s 

jurisdiction to include allegations of 

fraud and/or nationality discrimination. 

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9236 Federal Register / Vol. 75, No. 39 / Monday, March 1, 2010 / Notices 

C. 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. 

D. 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. 

E. 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. 

F. To appropriate agencies, entities, 

and persons when: (1) DHS suspects or 

has confirmed that the security or 

confidentiality of information in the 

system of records has been 

compromised; (2) the Department has 

determined that as a result of the 

suspected or confirmed compromise 

there is a risk of harm to economic or 

property interests, identity theft or 

fraud, or harm to the security or 

integrity of this system or other systems 

or programs (whether maintained by 

DHS or another agency or entity) that 

rely upon the compromised 

information, or harm to an individual; 

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. 

G. 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. 

H. To a Federal, State, territorial, 

Tribal, local, international, or foreign 

government agency or entity for the 

purpose of consulting with that agency 

or entity: (1) To assist in making a 

determination regarding redress for an 

individual in connection with the 

operations of a DHS component or 

program; (2) for the purpose of verifying 

the identity of an individual seeking 

redress in connection with the 

operations of a DHS component or 

program; or (3) for the purpose of 

verifying the accuracy of information 

submitted by an individual who has 

requested such redress on behalf of 

another individual. 

I. To a former employee of DHS, in 

accordance with applicable regulations, 

for purposes of responding to an official 

inquiry by a Federal, State or local 

government entity or professional 

licensing authority; or facilitating 

communications with a former 

employee that may be necessary for 

personnel-related or other official 

purposes where the Department requires 

information or consultation assistance 

from the former employee regarding a 

matter within that person’s former area 

of responsibility. 

J. To an appropriate Federal, State, 

local, Tribal, foreign, or international 

agency, if the information is relevant 

and necessary to the agency’s decision 

concerning the hiring or retention of an 

individual or the issuance, grant, 

renewal, suspension or revocation 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 

when disclosure is appropriate to the 

proper performance of the official duties 

of the person receiving the information. 

K. To appropriate Federal, State, 

local, Tribal, or foreign governmental 

agencies or multilateral governmental 

organizations for the purpose of 

protecting the vital interests of a data 

subject or other persons, including to 

assist such agencies or organizations in 

preventing exposure to or transmission 

of a communicable or quarantinable 

disease or to combat other significant 

public health threats; appropriate notice 

will be provided of any identified health 

risk. 

L. To a public or professional 

licensing organization when such 

information indicates, either by itself or 

in combination with other information, 

a violation or potential violation of 

professional standards, or reflects on the 

moral, educational, or professional 

qualifications of an individual who is 

licensed or who is seeking to become 

licensed. 

M. To a Federal, State, Tribal, local or 

foreign government agency or 

organization, or international 

organization, lawfully engaged in 

collecting law enforcement intelligence 

information, whether civil or criminal, 

or charged with investigating, 

prosecuting, enforcing or implementing 

civil or criminal laws, related rules, 

regulations or orders, to enable these 

entities to carry out their law 

enforcement responsibilities, including 

the collection of law enforcement 

intelligence. 

N. To appropriate Federal, State, 

local, Tribal, or foreign governmental 

agencies or multilateral governmental 

organizations responsible for 

investigating or prosecuting the 

violations of, or for enforcing or 

implementing, a statute, rule, 

regulation, order, license, or treaty 

where DHS determines that the 

information would assist in the 

enforcement of civil, criminal, or 

regulatory laws. 

O. To third parties during the course 

of an investigation by DHS, a 

proceeding within the purview of the 

immigration and nationality laws, or a 

matter under DHS’s jurisdiction, to the 

extent necessary to obtain information 

pertinent to the investigation, provided 

disclosure is appropriate to the proper 

performance of the official duties of the 

officer making the disclosure. 

P. To a Federal, State, or local agency, 

or other appropriate entity or 

individual, or through established 

liaison channels to selected foreign 

governments, in order to provide 

intelligence, counterintelligence, or 

other information for the purposes of 

intelligence, counterintelligence, or 

antiterrorism activities authorized by 

U.S. law, Executive Order, or other 

applicable national security directive. 

Q. To Federal and foreign government 

intelligence or counterterrorism 

agencies when DHS reasonably believes 

there to be a threat or potential threat to 

national or international security for 

which the information may be useful in 

countering the threat or potential threat, 

when DHS reasonably believes 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. 

R. To an organization or individual in 

either the public or private sector, either 

foreign or domestic, where there is a 

reason to believe that the recipient is or 

could become the target of a particular 

terrorist activity or conspiracy, to the 

extent the information is relevant to the 

protection of life or property and 

disclosure is appropriate to the proper 

performance of the official duties of the 

person making the disclosure. 

S. To international and foreign 

governmental authorities in accordance 

with law and formal or informal 

international agreements. 

T. To the Department of State in the 

processing of petitions or applications 

for benefits under the Immigration and 

Nationality Act, and all other 

immigration and nationality laws 

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Federal Register / Vol. 75, No. 39 / Monday, March 1, 2010 / Notices 9237 

including treaties and reciprocal 

agreements. 

U. 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. 

V. To appropriate Federal, State, 

local, Tribal, or foreign government 

agencies or multinational government 

organizations where DHS desires to 

exchange relevant data for the purpose 

of developing new software or 

implementing new technologies for the 

purposes of data sharing to enhance 

homeland security, national security or 

law enforcement. 

W. 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. 

X. To the news media and the public, 

with the approval of the Chief Privacy 

Officer in consultation with counsel, 

when there exists a legitimate public 

interest in the disclosure of the 

information or when disclosure is 

necessary to preserve confidence in the 

integrity of DHS or is necessary to 

demonstrate the accountability of DHS’s 

officers, employees, or individuals 

covered by the system, except to the 

extent it is determined that release of 

the specific information in the context 

of a particular case would constitute an 

unwarranted invasion of personal 

privacy. 

DISCLOSURE TO CONSUMER REPORTING

AGENCIES: 

None. 

POLICIES AND PRACTICES FOR STORING, 

RETRIEVING, ACCESSING, RETAINING, AND

DISPOSING OF RECORDS IN THE SYSTEM: 

STORAGE: 

Records in this system are stored 

electronically or on paper in secure 

facilities in a locked drawer behind a 

locked door. The records are stored on 

magnetic disc, tape, digital media, and 

CD–ROM. 

RETRIEVABILITY: 

Records may be retrieved by personal 

identifiers such as but not limited to 

name, alien registration number, phone 

number, address, social security 

number, or passport number. Records 

may also be retrieved by non-personal 

information such as transaction date, 

entity/institution name, description of 

goods, value of transactions, and other 

information. 

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. 

The system maintains a real-time 

auditing function of individuals who 

access the system. Additional 

safeguards may vary by component and 

program. 

RETENTION AND DISPOSAL: 

ICE is in the process of drafting a 

proposed record retention schedule for 

the information maintained in IIRS, 

including system information stored in 

IFS. ICE anticipates retaining the 

records from other databases in IFS for 

20 years, records for which IFS is the 

repository of record for 75 years, and 

ICE-generated intelligence reports for 75 

years. The original electronic data 

containing the inputs to IFS will be 

destroyed after upload and verification 

or returned to the source. 

ICE is in the process of drafting a 

proposed record retention schedule for 

the information maintained in 

ICEGangs. ICE anticipates retaining 

ICEGangs records for five years from the 

date the record was last accessed. 

SYSTEM MANAGER AND ADDRESS: 

Director, ICE Office of Intelligence, 

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 the component’s FOIA Officer, whose 

contact information can be found at 

http://www.dhs.gov/foia under 

‘‘contacts.’’ If an individual believes 

more than one component maintains 

Privacy Act records concerning him or 

her the individual may submit the 

request to the Chief Privacy Officer, 

Department of Homeland Security, 245 

Murray Drive, SW., Building 410, 

STOP–0550, Washington, DC 20528. 

When seeking records about yourself 

from this system of records or any other 

Departmental system of records your 

request must conform with the Privacy 

Act regulations set forth in 6 CFR Part 

5. You must first verify your identity, 

meaning that you must provide your full 

name, current address and date and 

place of birth. You must sign your 

request, and your signature must either 

be notarized or submitted under 28 

U.S.C. 1746, a law that permits 

statements to be made under penalty or 

perjury as a substitute for notarization. 

While no specific form is required, you 

may obtain forms for this purpose form 

the Director, Disclosure and FOIA, 

http://www.dhs.gov or 1–866–431–0486. 

In addition you should provide the 

following: 

• An explanation of why you believe 

the Department would have information 

on you, 

• Identify which component(s) of the 

Department you believe may have the 

information about you, 

• Specify when you believe the 

records would have been created, 

• Provide any other information that 

will help the FOIA staff determine 

which DHS component agency may 

have responsive records, 

• If your request is seeking records 

pertaining to another living individual, 

you must include a statement from that 

individual certifying his/her agreement 

for you to access his/her records. 

Without this bulleted information the 

component(s) will not be able to 

conduct an effective search, and your 

request may be denied due to lack of 

specificity or lack of compliance with 

applicable regulations. 

RECORD ACCESS PROCEDURES: 

See ‘‘Notification procedure’’ above. 

CONTESTING RECORD PROCEDURES: 

See ‘‘Notification procedure’’ above. 

RECORD SOURCE CATEGORIES: 

Federal, State, local, territorial, Tribal 

or other domestic agencies, foreign 

agencies, multinational or nongovernmental organizations, critical 

infrastructure owners and operators, 

private sector entities and organizations, 

individuals, commercial data providers, 

and public sources such as news media 

outlets and the Internet. 

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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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