Federal Register / Vol. 74, No. 159 / Wednesday, August 19, 2009 / Notices 41919 

and their Guidelines that have not been 

removed. 

IX. GSA Option To Use Applicable 

Section 106 Agreements: If an existing 

Section 106 agreement applies to a 

proposed Repair/Upgrade, GSA may 

follow either that existing agreement or 

this Program Comment. 

X. Latest Version of the Program 

Comment: GSA and/or the ACHP will 

include the most current version of the 

Program Comment (with the latest 

amendments and updates) in a publicly 

accessible Web site. The latest Web 

address for that site will be included in 

each of the Federal Register notices for 

amending, removing or updating the 

Program Comment. This document and 

its 41 appended form and guidelines 

will initially be available at http:// 

www.achp.gov and http://www.gsa.gov/ 

historicpreservation. 

XI. Meetings and Reports: The parties 

shall meet in September 2011 and every 

three years thereafter, to discuss the 

implementation of the Program 

Comment. GSA will include in its 

reports under Section 3 of Executive 

Order 13287, a summary of its 

experience implementing this Program 

Comment, how often and where the 

Program Comment has been utilized, 

examples of successful implementation, 

and examples of failures or problems 

with implementation. 

XII. Amendment: The ACHP may 

amend this Program Comment (other 

than the appended Guidelines 

themselves, which are added, updated 

or removed according to Stipulations VI 

and VII, above) after consulting with the 

parties and publishing a Federal 

Register notice to that effect. 

XIII. Termination: The ACHP may 

terminate this Program Comment by 

publication of a notice in the Federal 

Register 30 days before the termination 

takes effect. 

XIV. Sunset Clause: This Program 

Comment will terminate on its own 

accord on August 1, 2018, unless it is 

amended before that date to extend that 

period. 

XV. Historic Properties of Significance 

to Indian Tribes and Native Hawaiian 

Organizations: This Program Comment 

does not apply in connection with 

effects to historic properties that are 

located on tribal lands and/or that are of 

religious and cultural significance to 

Indian tribes or Native Hawaiian 

organizations. 

XVI. Definitions: The definitions 

found at 36 CFR part 800 apply to the 

terms used in this Program Comment. 

XVII. Notification Form and GSA 

Technical Preservation Guidance 

Appendices: 

Appendix A 

GSA Program Comment Notification 

Form 

I. General 

Building Name(s): 

Address (city, state): 

Project Title: 

Qualified Preservation Professional 

Preparing Report: 

Date: (Note: Qualified professionals must 

meet the relevant standards outlined in the 

Secretary of the Interior’s Professional 

Qualification Standards, pursuant to 36 CFR 

part 61.) 

Location of Work in the Building: 

Project Team: A/E firm, Preservation 

Consultant, GSA Project Officer, Building 

Manager, and GSA Regional Historic 

Preservation Officer or Historic Preservation 

Program staff reviewer: 

II. Scope and Purpose of Project (bullets are 

acceptable): 

III. Locations and Materials Affected (check 

all that apply) Preservation Zones affected 

(see Building Preservation Plan; contact 

RHPO for assistance) 

__Restoration __Rehabilitation

__Renovation 

Where does the project affect the historic 

property? 

__Exterior __Interior __Lobbies/Vestibules

__Corridors 

__Stairwells __Elevators __Restrooms

__Courtrooms __Executive Suites 

__General Office Space __Other (specify) 

What materials are affected by the project? 

__Stone __Brick __Architectural Concrete

__Historic Roofing 

__Bronze __Architectural Metals (specify)

__Woodwork 

__Ornamental Plaster __Other (specify) 

What assemblies are affected by the 

project? 

__Windows and Skylights __Doors

__Lighting __Other (specify) 

IV. Preservation Design Issues: 

List solutions explored, how resolved and 

why, such as (not inclusive) 

—Locating new work/installation: visibility, 

protection of ornamental finishes, cost 

concerns 

—Design of new work/installation: 

compatibility with existing original 

materials, research on original design (if 

original materials non-extant), materials/ 

finishes chosen 

—Method of supporting new work/ 

installation 

—Preservation and protection of historic 

materials 

V. Graphics—include: 

—Site or floor plan showing work location(s) 

—Captioned photographs of existing site 

conditions in affected restoration zone 

locations 

—Reduced project drawings, catalogue cut 

sheets or photographs showing solutions 

VI. Confirmation 

The undersigned hereby confirms and 

represents to the best of his or her knowledge 

and belief, the following as of this date: 

(1) The information in this form is correct; 

(2) GSA has determined that the proposed 

work may not adversely affect a historic 

property; 

(3) This project approach is consistent with 

the relevant GSA Technical Preservation 

Guidelines; 

(4) The design team includes a qualified 

preservation architect, engineer or 

conservator; 

(5) The design addresses construction 

phase preservation competency and quality 

control; and 

(6) This form will be submitted to the 

relevant SHPO for its review and opportunity 

for objection in a timely manner. 

Signature and Date: GSA Regional Historic 

Preservation Officer 

Appendix B 

GSA Technical Preservation Guidelines 

[Please refer to http://www.gsa.gov/ 

technicalpreservationguidelines for a copy of 

the relevant guidelines. They are linked in 

that web page under the headings 

‘‘Upgrading Historic Building Windows,’’ 

‘‘Upgrading Historic Building Lighting,’’ 

‘‘HVAC Upgrades in Historic Buildings,’’ and 

‘‘Historic Building Roofing.’’] 

Authority: 36 CFR 800.14(e). 

Dated: August 13, 2009. 

Ralston Cox, 

Acting Executive Director. 

[FR Doc. E9–19814 Filed 8–18–09; 8:45 am] 

BILLING CODE 4310–K6–M 

DEPARTMENT OF HOMELAND 

SECURITY 

Office of the Secretary 

[Docket No. DHS–2009–0102] 

Privacy Act of 1974; U.S. Immigration 

and Customs Enforcement-003 

General Counsel Electronic 

Management System, System of 

Records 

AGENCY: Privacy Office, DHS. 

ACTION: Modification to an existing 

system of records. 

SUMMARY: In accordance with the 

Privacy Act of 1974, U.S. Immigration 

and Customs Enforcement is updating 

an existing system of records titled 

General Counsel Electronic Management 

System (March 31, 2006) to reflect 

changes in the system that provide 

Immigration and Customs Enforcement 

attorneys and other Immigration and 

Customs Enforcement personnel with 

additional information regarding 

immigration cases and with additional 

means of accessing the information. 

General Counsel Electronic Management 

System is a case management system 

used primarily by attorneys in the 

Immigration and Customs Enforcement 


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Office of the Principal Legal Advisor to 

litigate cases before U.S. immigration 

courts. In conjunction with the next 

release of General Counsel Electronic 

Management System, Immigration and 

Customs Enforcement is modifying the 

General Counsel Electronic Management 

System system of records notice to 

describe the collection of additional 

information on immigration cases and 

the aliens involved in them. This 

General Counsel Electronic Management 

System system of records notice updates 

the system of records number; categories 

of individuals; categories of records; 

purpose of the system; routine uses; 

retention and disposal; system manager 

and address; and record source 

categories. Several of the routine uses 

that were in the original GEMS SORN 

have been updated to reflect new 

standard language at DHS. The other 

new routine uses have been proposed in 

order to permit sharing in circumstances 

such as for audit purposes; when 

information in the system may have 

been compromised; in the course of an 

immigration, civil, or criminal 

proceeding, sharing with courts, 

counsel, parties, and witnesses; with 

attorneys acting on behalf of an 

individual covered by the system; with 

foreign governments in order to remove 

aliens from the United States; with the 

Department of State in the processing of 

petitions or applications for benefits 

under the Immigration and Nationality 

Act; and to assist with redress requests. 

A Privacy Impact Assessment that 

describes the changes to General 

Counsel Electronic Management System 

is being published concurrently with 

this notice. It can be found on the DHS 

Web site at http://www.dhs.gov/privacy. 

This system is included in the 

Department of Homeland Security’s 

inventory of record systems. 

DATES: Submit comments on or before 

September 18, 2009. This system will be 

effective September 18, 2009. 

ADDRESSES: You may submit comments, 

identified by docket number DHS– 

2009–0102 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 

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

U.S. Immigration and Customs 

Enforcement. 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 

Immigration and Customs 

Enforcement (ICE) attorneys are 

responsible for the prosecution and/or 

management of immigration cases 

litigated under the Immigration and 

Nationality Act before U.S. immigration 

courts and the Board of Immigration 

Appeals. General Counsel Electronic 

Management System (GEMS) was 

developed to help ICE attorneys manage 

their cases. In addition to having 

personal information about the aliens 

involved with the cases, GEMS has 

information on individuals associated 

with the case such as witnesses, 

informants, and judges, documentation 

related to the cases, and logistical 

information regarding hearings. The ICE 

Office of Detention and Removal 

Operations (DRO) is responsible for 

identifying illegal aliens, apprehending 

them and managing them while they are 

in custody, and removing them from the 

United States. DRO personnel use 

GEMS to stay abreast of changes in 

custody decisions for a particular alien 

and to help with the execution of final 

removal orders. 

Since the GEMS SORN was last 

published, several changes have been 

made to GEMS to enable ICE attorneys 

and DRO personnel to better manage 

immigration cases and remove aliens. 

The changes fall into two categories— 

new functionality and new or updated 

system-to-system interfaces. The pieces 

of new functionality are important 

because they allow ICE attorneys to 

better manage their cases and assist 

DRO with the removal of aliens. 

Previously, ICE attorneys could only 

access and update GEMS data while at 

their desk. The new GEMS Courtroom 

Mobility component enables ICE 

attorneys to download GEMS case data 

to a secure laptop and to use and update 

it as needed while they are in court. The 

Web View component is also new and 

allows GEMS users to access a read-only 

version of the GEMS data via the ICE 

intranet thus making access to GEMS 

more convenient for ICE attorneys and 

DRO personnel. The last piece of new 

functionality is the Project Management 

component which is used to manage 

ancillary projects such as annual reports 

and budgets that are unrelated to 

attorney cases. This component can also 

be used to manage immigration cases 

when the alien has not yet been 

assigned an Alien Registration Number. 

These projects track the key information 

for these cases including the individuals 

involved and events surrounding the 

cases. 

Since the GEMS SORN was last 

published, GEMS’ system-to-system 

interfaces have been expanded. GEMS 

now has interfaces with the U.S. 

Citizenship and Immigration Services’ 

(USCIS) Refugee, Asylum, and Parole 

System (RAPS), the Customs and Border 

Protection’s (CBP) TECS, and the 

Department of Justice’s (DOJ) Case 

Access System for EOIR (CASE). RAPS 

provides GEMS with new personal 

information regarding individuals 

involved in asylum cases. TECS 

provides additional biographical 

information on individuals with 

immigration-related issues and CASE 

provides additional schedule 

information regarding hearings. 

In accordance with the Privacy Act of 

1974, DHS is amending the General 

Counsel Electronic Management System 

(GEMS) SORN to reflect the changes in 

the types of personal information 

maintained in GEMS as a result of these 

upgrades. The SORN includes revised 

category of individuals, category of 

records, routine uses, and retention and 

disposal sections to reflect changes to 

the system and ICE’s operational 

protocols. Several of the routine uses 

that were in the original GEMS SORN 

have been updated to reflect new 

standard language at DHS. The other 

new routine uses have been proposed in 

order to permit sharing in circumstances 

such as for audit purposes; when 

information in the system may have 

been compromised; in the course of an 

immigration, civil, or criminal 

proceeding, sharing with courts, 

counsel, parties, and witnesses; with 

attorneys acting on behalf of an 

individual covered by the system; with 

foreign governments in order to remove 

aliens from the United States; with the 

Department of State in the processing of 

petitions or applications for benefits 

under the Immigration and Nationality 

Act; and to assist with redress requests. 

This amended SORN also changes the 

system number from DHS/ICE/OPLA– 

001 to DHS/ICE–003. This amended 

system of records supports the ability of 

ICE attorneys to litigate cases before 


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U.S. immigration courts and helps with 

the execution of final removal orders. 

This amended SORN is being published 

concurrently with the GEMS Privacy 

Impact Assessment (PIA) update. 

Consistent with DHS’s information 

sharing mission, information stored in 

GEMS 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 SORN. 

II. Privacy Act 

The Privacy Act embodies fair 

information principles in a statutory 

framework governing the means by 

which the United States Government 

collects, maintains, uses, and 

disseminates individuals’ records. The 

Privacy Act applies to information that 

is maintained in a ‘‘system of records.’’ 

A ‘‘system of records’’ is a group of any 

records under the control of an agency 

for which information is retrieved by 

the name of an individual or by some 

identifying number, symbol, or other 

identifying particular assigned to the 

individual. In the Privacy Act, an 

individual is defined to encompass 

United States citizens and lawful 

permanent residents. As a matter of 

policy, DHS extends administrative 

Privacy Act protections to all 

individuals where systems of records 

maintain information on U.S. citizens, 

lawful permanent residents, and 

visitors. Individuals may request access 

to their own records that are maintained 

in a system of records in the possession 

or under the control of DHS by 

complying with DHS Privacy Act 

regulations, 6 CFR part 5. 

The Privacy Act requires each agency 

to publish in the Federal Register a 

description denoting the type and 

character of each system of records that 

the agency maintains, and the routine 

uses that are contained in each system 

in order to make agency record keeping 

practices transparent, to notify 

individuals regarding the uses to which 

their records are put, and to assist 

individuals to more easily find such 

files within the agency. Below is the 

description of the DHS/ICE–003, 

General Counsel Electronic Management 

System (GEMS) 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–003 

SYSTEM NAME: 

General Counsel Electronic 

Management System (GEMS). 

SECURITY CLASSIFICATION: 

Unclassified. 

SYSTEM LOCATION: 

Records in GEMS are maintained in 

electronic form at the U.S. Immigration 

and Customs Enforcement headquarters 

in Washington, DC and at field offices. 

CATEGORIES OF INDIVIDUALS COVERED BY THE

SYSTEM: 

Categories of individuals covered by 

this system include: (1) Individuals 

covered by provisions of the 

Immigration and Nationality Act; (2) 

individuals who are under investigation 

by ICE, who were investigated by ICE in 

the past, and those who are suspected 

of violating the criminal or civil 

provisions of statutes, treaties, 

Executive Orders, and regulations 

administered by ICE; (3) witnesses, 

informants, or other third parties who 

may have knowledge of such violations; 

(4) ICE attorneys and other employees 

who have been assigned to represent the 

agency in litigation relating to aliens 

and other individuals whose files are 

contained in the system; and (5) defense 

attorneys, asylum officers, and 

immigration judges involved with 

immigration cases. 

CATEGORIES OF RECORDS IN THE SYSTEM: 

Categories of records in this system 

include: 

• The alien’s biographical 

information such as name, A-number, 

date and place of birth, date and port of 

entry, nationality, language, race, 

gender, height, and weight; 

identification information including 

social security number, driver’s license 

number, and passport number; 

employment information; flags 

regarding the individual’s status 

including if the person is legally 

sufficient, if a final order has been 

issued, or if a stay is in effect; flags 

regarding the individual including if the 

person is a convicted felon, a terrorist, 

an interest of the Federal Bureau of 

Investigation (FBI), has a gang 

affiliation, or is a child predator; 

information on relief; comments about 

the alien by CBP officers at the border; 

and events associated with the alien 

such as court appearances. If the alien 

has applied for asylum, the system also 

collects religion, marital status, address, 

the date of the request for asylum, the 

asylum officer assigned to the case, the 

alien’s persecution code, the basis of the 

claim, information on the person’s 

interviews and court appearances, the 

results of various database checks done 

on the person as part of the case, and 

the final decision code and the date of 

the final decision. 

• Personal information on other 

people associated with the alien 

including family members, witnesses, 

and informants. For each person, GEMS 

contains the person’s name, gender, 

role, contact information, and notes 

about the person. 

• Personal information on attorneys 

and immigration judges associated with 

the alien including the person’s name, 

gender, role, contact information, and 

notes about the person. 

• Hearing information including the 

language the alien speaks, the hearing 

start time and end time, the hearing 

location and address, the immigration 

judge hearing the case, the prosecuting 

and defending attorneys, and a flag 

indicating if the alien was battered or 

not. 

• Subsets or complete sets of 

information also contained in the hard 

copy A-File that may include the alien’s 

official record material, such as 

naturalization certificates, various forms 

and attachments such as photographs, 

applications and petitions for benefits 

under the immigration and nationality 

laws, reports of investigations, 

statements, arrest reports, 

correspondence, and enforcement 

documents. 

• Attorney work products consisting 

of pre-trial, trial, and post-trial notes, 

memoranda stating positions for 

litigation, notes to investigators, 

information related to immigration cases 

that have been obtained from hardcopy 

or online research, legal opinions, and 

policy memos. 

AUTHORITY FOR MAINTENANCE OF THE SYSTEM: 

Immigration And Nationality Act of 

1952, as amended. 

PURPOSE(S): 

The purposes of the system are (1) to 

support the litigation of immigration 

cases before U.S. administrative and 

Federal courts, including immigration 

courts and the Board of Immigration 

Appeals; (2) to support the tracking, 

processing, and reporting of case 

information for internal management, 

reporting, planning, and analysis 

purposes; and (3) to support the ICE 

mission by maintaining and sharing 

information that supports the 

identification, arrest, apprehension, 

detention, and removal of aliens who 


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are subject to removal under the 

Immigration and Naturalization Act. 

ROUTINE USES OF RECORDS MAINTAINED IN THE

SYSTEM, INCLUDING CATEGORIES OF USERS AND

THE PURPOSES OF SUCH USES: 

In addition to those disclosures 

generally permitted under 5 U.S.C. 

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

portion of the records or information 

contained in this system may be 

disclosed outside DHS as a routine use 

pursuant to 5 U.S.C. 552a(b)(3) as 

follows: 

A. To the Department of Justice 

(including United States Attorney 

Offices) or other Federal agency 

conducting litigation or in proceedings 

before any court, adjudicative or 

administrative body, when it is 

necessary to the litigation and one of the 

following is a party to the litigation or 

has an interest in such litigation: 

1. DHS or any component thereof; 

2. any employee of DHS in his/her 

official capacity; 

3. any employee of DHS in his/her 

individual capacity where DOJ or DHS 

has agreed to represent the employee; or 

4. the United States or any agency 

thereof, is a party to the litigation or has 

an interest in such litigation, and DHS 

determines that the records are both 

relevant and necessary to the litigation 

and the use of such records is 

compatible with the purpose for which 

DHS collected the records. 

B. To a congressional office from the 

record of an individual in response to 

an inquiry from that congressional office 

made at the request of the individual to 

whom the record pertains. 

C. To the National Archives and 

Records Administration or other Federal 

government agencies pursuant to 

records management inspections being 

conducted under the authority of 44 

U.S.C. 2904 and 2906. 

D. To an agency, organization, or 

individual for the purpose of performing 

audit or oversight operations as 

authorized by law, but only such 

information as is necessary and relevant 

to such audit or oversight function. 

E. To appropriate agencies, entities, 

and persons when: 

1. DHS suspects or has confirmed that 

the security or confidentiality of 

information in the system of records has 

been compromised; 

2. The Department has determined 

that as a result of the suspected or 

confirmed compromise there is a risk of 

harm to economic or property interests, 

identity theft or fraud, or harm to the 

security or integrity of this system or 

other systems or programs (whether 

maintained by DHS or another agency or 

entity) or harm to the individual that 

rely upon the compromised 

information; and 

3. The disclosure made to such 

agencies, entities, and persons is 

reasonably necessary to assist in 

connection with DHS’s efforts to 

respond to the suspected or confirmed 

compromise and prevent, minimize, or 

remedy such harm. 

F. To contractors and their agents, 

grantees, experts, consultants, and 

others performing or working on a 

contract, service, grant, cooperative 

agreement, or other assignment for DHS, 

when necessary to accomplish an 

agency function related to this system of 

records. Individuals provided 

information under this routine use are 

subject to the same Privacy Act 

requirements and limitations on 

disclosure as are applicable to DHS 

officers and employees. 

G. To an appropriate Federal, state, 

tribal, local, international, or foreign law 

enforcement agency or other appropriate 

authority charged with investigating or 

prosecuting a violation or enforcing or 

implementing a law, rule, regulation, or 

order, where a record, either on its face 

or in conjunction with other 

information, indicates a violation or 

potential violation of law, which 

includes criminal, civil, or regulatory 

violations and such disclosure is proper 

and consistent with the official duties of 

the person making the disclosure. 

H. To other Federal, State, tribal, and 

local government law enforcement and 

regulatory agencies and foreign 

governments, individuals and 

organizations during the course of an 

investigation or the processing of a 

matter, or during a proceeding within 

the purview of the immigration and 

nationality laws, to elicit information 

required by ICE to carry out its 

functions and statutory mandates. 

I. To an appropriate Federal, State, 

local, tribal, foreign, or international 

agency, if the information is relevant 

and necessary to a requesting agency’s 

decision concerning the hiring or 

retention of an individual, or issuance 

of a security clearance, license, contract, 

grant, or other benefit, or if the 

information is relevant and necessary to 

a DHS decision concerning the hiring or 

retention of an employee, the issuance 

of a security clearance, the reporting of 

an investigation of an employee, the 

letting of a contract, or the issuance of 

a license, grant or other benefit and 

when disclosure is appropriate to the 

proper performance of the official duties 

of the person making the request. 

J. 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. 

K. 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. 

L. To a court, magistrate, 

administrative tribunal, opposing 

counsel, parties, and witnesses, in the 

course of an immigration, civil, or 

criminal proceeding before a court or 

adjudicative body when: 

(a) DHS or any component thereof; or 

(b) any employee of DHS in his or her 

official capacity; or 

(c) any employee of DHS in his or her 

individual capacity where the agency 

has agreed to represent the employee; or 

(d) the United States, where DHS 

determines that litigation is likely to 

affect DHS or any of its components, is 

a party to litigation or has an interest in 

such litigation, and DHS determines 

that use of such records is relevant and 

necessary to the litigation, provided 

however that in each case, DHS 

determines that disclosure of the 

information to the recipient is a use of 

the information that is compatible with 

the purpose for which it was collected. 

M. To clerks and judges of courts 

exercising naturalization jurisdiction for 

the purpose of filing petitions for 

naturalization and to enable such courts 

to determine eligibility for 

naturalization or grounds for revocation 

of naturalization. 

N. To an attorney or representative (as 

defined in 8 CFR 1.1(j)) who is acting on 

behalf of an individual covered by this 

system of records in connection with 

any proceeding before USCIS or the 

Executive Office for Immigration 

Review. 

O. To the appropriate foreign 

government agency charged with 

enforcing or implementing laws where 

there is an indication of a violation or 

potential violation of the law of another 

nation (whether civil or criminal), and 

to international organizations engaged 


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in the collection and dissemination of 

intelligence concerning criminal 

activity. 

P. 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. 

Q. To an actual or potential party or 

his or her attorney for the purpose of 

negotiation or discussion on such 

matters as settlement of the case or 

matter, or informal discovery 

proceedings. 

R. To foreign governments for the 

purpose of coordinating and conducting 

the removal of aliens from the United 

States to other nations. 

S. To a Federal, State, 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. 

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 

including treaties and reciprocal 

agreements. 

U. 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. 

V. To the Office of Management and 

Budget 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. 

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 in a central database. 

RETRIEVABILITY: 

Records in the system are indexed 

and retrieved by an individual’s alien 

number, name, case information (such 

as hearing location and type of hearing), 

and other criteria that can identify an 

individual in proceedings in a court or 

adjudicative body before which ICE is 

authorized to appear. 

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: 

The records will be retained for 

seventy-five (75) years after the last 

administrative action has been taken on 

the case. The seventy-five (75) year 

retention period is consistent with the 

retention period for the physical A-File. 

This retention period ensures that 

sufficient information is available to 

conduct meaningful analysis if needed. 

Records are destroyed appropriately 

after the retention period. 

SYSTEM MANAGER AND ADDRESS: 

Principal Legal Advisor, ICE Office of 

the Principal Legal Advisor, 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 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 

Headquarters or 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 of 

perjury as a substitute for notarization. 

While no specific form is required, you 

may obtain forms for this purpose from 

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) 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 this system are supplied 

by several sources. ICE attorneys 

provide information regarding the cases 

that they are working. Other records are 

derived from the alien file maintained 

on individuals and may include 

investigative material that provides the 

basis for the legal proceedings. Records 

are also obtained from other Federal 

agency information systems including 

USCIS’ Refugee, Asylum, and Parole 


jlentini on DSKJ8SOYB1PROD with NOTICES
41924 Federal Register / Vol. 74, No. 159 / Wednesday, August 19, 2009 / Notices 

System (RAPS), Custom and Border 

Protection’s Treasury Enforcement 

Communication System (TECS), and the 

Department of Justice’s Case Access 

System for EOIR (CASE). 

EXEMPTIONS CLAIMED FOR THE SYSTEM: 

The Secretary has exempted this 

system from subsections (c)(3) and (4), 

(d), (e)(1), (2), and (3), (e)(4)(G) and (H), 

(e)(5) and (8), and (g) of the Privacy Act. 

These exemptions apply only to the 

extent that records in the system are 

subject to exemption pursuant to 5 

U.S.C. Sections 552a (j)(2) and (k)(1) and 

(k)(2). 

Dated: August 11, 2009. 

Mary Ellen Callahan, 

Chief Privacy Officer, Department of 

Homeland Security. 

[FR Doc. E9–19818 Filed 8–18–09; 8:45 am] 

BILLING CODE 9111–28–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Federal Emergency Management 

Agency 

[Docket ID FEMA–2009–0008] 

National Flood Insurance Program 

(NFIP); Assistance to Private Sector 

Property Insurers, Availability of 

FY2010 Arrangement 

AGENCY: Federal Emergency 

Management Agency, DHS. 

ACTION: Notice. 

SUMMARY: Each year the Federal 

Emergency Management Agency 

(FEMA) is required by the Write-YourOwn (WYO) program Financial 

Assistance/Subsidy Arrangement 

(Arrangement) to notify the private 

insurance companies (Companies) and 

to make available to the Companies the 

terms for subscription or re-subscription 

to the Arrangement. In keeping with 

that requirement, this notice provides 

the terms to the Companies to subscribe 

or re-subscribe to the Arrangement. 

FOR FURTHER INFORMATION CONTACT: 

Edward L. Connor, DHS/FEMA, 1800 

South Bell Street, Room 720, Arlington, 

VA 20598–3020, 202–646–3429 (phone), 

202–646–3445 (facsimile), or 

Edward.Connor@dhs.gov (e-mail). 

SUPPLEMENTARY INFORMATION: Under the 

Write-Your-Own (WYO) program 

Financial Assistance/Subsidy 

Arrangement (Arrangement), 

approximately 90 private sector 

property insurers issue flood insurance 

policies and adjust flood insurance 

claims under their own names based on 

an Arrangement with the Federal 

Insurance Administration (FIA) 

published at 44 CFR part 62, appendix 

A. The WYO insurers receive an 

expense allowance and remit the 

remaining premium to the Federal 

Government. The Federal Government 

also pays WYO insurers for flood losses 

and pays loss adjustment expenses 

based on a fee schedule. In addition, 

under certain circumstances 

reimbursement for litigation costs, 

including court costs, attorney fees, 

judgments, and settlements, are paid by 

FIA based on documentation submitted 

by the WYO insurers. The complete 

Arrangement is published in 44 CFR 

part 62, appendix A. Each year FEMA 

is required to publish in the Federal 

Register and make available to the 

Companies the terms for subscription or 

re-subscription to the Arrangement. 

Since last year there have been no 

substantive changes to the Arrangement. 

During August 2009, FEMA will send 

a copy of the offer for the FY2010 

Arrangement, together with related 

materials and submission instructions, 

to all private insurance companies 

participating under the current FY2009 

Arrangement. Any private insurance 

company not currently participating in 

the WYO Program but wishing to 

consider FEMA’s offer for FY2010 may 

request a copy by writing: DHS/FEMA, 

Mitigation Directorate, Attn: Edward L. 

Connor, WYO Program, 1800 South Bell 

Street, Room 720, Arlington, VA 20598– 

3020, or contact Edward Connor at 202– 

646–3445 (facsimile), or 

Edward.Connor@dhs.gov (e-mail). 

Dated: August 13, 2009. 

Edward L. Connor, 

Acting Federal Insurance Administrator, 

National Flood Insurance Program, Federal 

Emergency Management Agency, Department 

of Homeland Security. 

[FR Doc. E9–19835 Filed 8–18–09; 8:45 am] 

BILLING CODE 9111–52–P 

DEPARTMENT OF HOUSING AND 

URBAN DEVELOPMENT 

[Docket No. FR–5282–N–05] 

Notice of Submission of Proposed 

Information Collection to OMB; 

Comment Request; Notice of Tax 

Credit Assistance Program (TCAP) 

Allocation and Requirements for the 

Letter of Intent To Participate in TCAP 

AGENCY: Office of the Chief Information 

Officer. 

ACTION: Notice of proposed information 

collection. 

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. 

DATES: Comments Due Date: October 19, 

2009 

ADDRESSES: Interested persons are 

invited to submit comments regarding 

this proposal. Comments should refer to 

the proposal by name/or OMB approval 

number and should be sent to: Lillian L. 

Deitzer, Departmental Reports 

Management Officer, QDAM, 

Department of Housing and Urban 

Development, 451 7th Street, SW., 

Room 4178, Washington, DC 20410– 

5000; telephone (202) 402–8048 (this is 

not a toll-free number) or e-mail Ms. 

Deitzer at Lillian.L.Deitzer@hud.gov for 

a copy of the proposed forms, or other 

available information. 

FOR FURTHER INFORMATION CONTACT: 

Peter Huber, Director, Financial & 

Information Services Division, OAHP, 

Department of Housing and Urban 

Development, 451 Seventh Street, SW., 

Washington, DC 20410; e-mail: 

Peter.H.Huber@hud.gov; telephone (202) 

402–3941. This is not a toll-free number. 

SUPPLEMENTARY INFORMATION: This 

Notice will inform the public that the 

U.S. Department of Housing and Urban 

Development (HUD) will submit revised 

information collection to OMB for 

review for the Tax Credit Assistance 

Program (TCAP), which is authorized 

under the American Recovery and 

Reinvestment Act (ARRA) of 2009, as 

required by the Paperwork Reduction 

Act of 1995 (44 U.S.C. Chapter 35 as 

amended. This new program provides 

$2.25 billion of grant funding for capital 

investment in Low Income Housing Tax 

Credit (LIHTC) projects, which cannot 

move forward because the current 

economic crisis has reduced the private 

capital available to them. HUD will 

administer these funds as the Tax Credit 

Assistance Program (TCAP). TCAP grant 

amounts will be determined by a 

formula established in ARRA and will 

be awarded by HUD to the housing 

credit allocating agencies of each state, 

the District of Columbia and the 

Commonwealth of Puerto Rico. 

This Notice also lists the following 

information: Title Of Proposal: Tax 

Credit Assistance Program (TCAP). 

Description Of Information Collection: 

This is a revision of a previously 

approved information collection. The 

Department of Housing and Urban 

Development is seeking review of the 

Paperwork Reduction Act requirements 

associated with the Tax Credit 

Assistance Program (TCAP). 


jlentini on DSKJ8SOYB1PROD with NOTICES