23274 Federal Register / Vol. 75, No. 84 / Monday, May 3, 2010 / Notices 

Circ Res. 2010 Apr 2;106(6):1129–1133. 

[PubMed: 20167928]. 

Patent Status: U.S. Provisional 

Application No. 61/245,586 filed 24 Sep 

2009 (HHS Reference No. E–290–2009/ 

0–US–01). 

Licensing Status: Available for 

licensing. 

Licensing Contacts: Uri Reichman, 

PhD, MBA; 301–435–4616; 

UR7a@nih.gov, or Michael Shmilovich, 

Esq.; 301–435–5019; 

ShmilovichM@mail.nih.gov. 

Collaborative Research Opportunity: 

The National Heart, Lung, and Blood 

Institute, Laboratory of Cardiac 

Energetics, is seeking statements of 

capability or interest from parties 

interested in collaborative research to 

further develop, evaluate, or 

commercialize automatic 3D volumetric 

motion tracking systems for use during 

in vivo microscopy. Please contact 

Denise Crooks, PhD at 301–435–0103 or 

crooksd@nhlbi.nih.gov for more 

information. 

Dated: April 26, 2010. 

Richard U. Rodriguez, 

Director, Division of Technology Development 

and Transfer, Office of Technology Transfer, 

National Institutes of Health. 

[FR Doc. 2010–10264 Filed 4–30–10; 8:45 am] 

BILLING CODE 4140–01–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Office of the Secretary 

[Docket No. DHS–2010–0031] 

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 Immigration and 

Enforcement Operational Records 

System of Records (ENFORCE). With the 

publication of this updated system of 

records, a new routine use has been 

proposed. The routine use would 

support the deployment of the ICE 

Online Detainee Locator System, which 

provides a searchable online database to 

help members of the public locate 

detainees in ICE custody. This routine 

use would also support the sharing of 

information about ICE detainees for the 

purpose of allowing family members 

and other individuals to deposit money 

in detainee accounts for telephone and 

commissary services within a detention 

facility. A Privacy Impact Assessment 

that describes the Online Detainee 

Locator System is being published 

concurrently with this notice. It can be 

found on the DHS Web site at http:// 

www.dhs.gov/privacy. 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 

June 2, 2010. This amended system will 

be effective June 2, 2010. 

ADDRESSES: You may submit comments, 

identified by docket number DHS– 

2010–0031 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., Mail 

Stop 5004, 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 

ICE is proposing a new routine use to 

permit sharing of limited information 

about current and former persons in ICE 

custody through the Online Detainee 

Locator System (ODLS). ODLS is a 

publicly accessible, Web-based system 

owned by U.S. Immigration and 

Customs Enforcement (ICE) Office of 

Detention and Removal Operations 

(DRO). 

DRO is responsible for promoting 

public safety and national security by 

arresting, detaining, and removing 

persons from the United States in 

accordance with the Immigration and 

Nationality Act. ICE developed ODLS as 

a service to the public, especially family 

members and legal representatives, to 

help locate individuals arrested for 

administrative immigration violations 

and who are in or have recently left ICE 

custody (‘‘detainees’’). Currently, 

members of the public must contact a 

DRO field office by phone to determine 

the location of a detainee. With the 

deployment of this automated system, 

the public will be able to locate 

detainees more quickly and efficiently 

through an online query. The system 

will ultimately be available in several 

languages to help users whose native 

language is not English. 

ODLS is a Web-based system that is 

accessible from an Internet browser and 

may be used by any member of the 

public. ODLS is scheduled to deploy in 

June 2010, and will be accessible by 

visiting ICE’s public Web site (http:// 

www.ice.gov/locator). Persons using 

ODLS do not need to set up an account 

or get special permission to use the 

system. ODLS provides two ways to 

search for a detainee: (1) Perform a 

query using an Alien Registration 

Number (A–Number) and country of 

birth; or (2) perform a query using a full 

name and country of birth. After 

receiving the query entered by the user, 

ODLS searches for a match among 

current ICE detainees and detainees 

who have been booked out of ICE 

custody (regardless of the reason) within 

the last 60 days. All records that match 

the user’s query are returned to the user 

in a list of one or more search results. 

ODLS only performs exact-match 

searches. This means that the search 

query entered by the user (specifically, 

the name or A–Number) must exactly 

match the information in a detention 

record in order for the record to be 

identified as a match and included in 

the ODLS search results. For example, a 

search for ‘‘Robert Smith’’ will not return 

a detention record for ‘‘Robert Smyth’’ or 

‘‘Bob Smith.’’ When conducting an A– 

Number search, ODLS users will see a 

maximum of one record in the results 

because A–Numbers are assigned to 

individuals uniquely. When conducting 

a name-based search, however, ODLS 

users may see multiple records in the 

results if several detainees share the 

same name and country of birth. Users 

may use the year of birth provided in 

the results to distinguish among 

detainees with the same name. 

ODLS only contains information 

about individuals who are currently in 

ICE custody or were previously detained 

by ICE within the past 60 days. If a 

search is performed for detainees who 


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have never been in ICE custody or were 

released from ICE custody more than 60 

days ago, ODLS will return a result of 

‘‘no records found.’’ If a matching 

detainee record is found, the ODLS 

results screen will display the detainee’s 

custody status as either ‘‘in custody’’ or 

‘‘not in custody.’’ An ‘‘in custody’’ status 

means the individual is currently in ICE 

custody, and ODLS will display the 

detention facility where the person is 

being held, the contact information for 

the facility, a link to the facility’s Web 

site, and the contact information for the 

DRO office responsible for the 

detainee’s immigration case. A status of 

‘‘not in custody’’ means the individual 

was released from ICE custody within 

the last 60 days for any reason. The ‘‘not 

in custody’’ status will be displayed if 

the individual was removed from or 

voluntarily departed the United States, 

was released on bond or through an 

alternatives-to-detention program, was 

released into the United States due to 

the resolution of their immigration case 

(e.g., grant of an immigration benefit 

that permits them to remain in the 

country), or was transferred into the 

custody of another law enforcement or 

custodial agency. For individuals 

released from ICE custody within the 

last 60 days, ODLS displays contact 

information for the DRO office 

responsible for the detainee’s 

immigration case. 

ODLS also provides resources to help 

users find or identify the detainee they 

are seeking. First, ODLS includes a 

frequently asked questions (FAQ) page 

to answer common questions about the 

system and to help troubleshoot 

problems. Second, for those who are 

unable to locate the detainee in ODLS, 

a link is provided to all DRO offices so 

the public can contact the office in the 

appropriate geographical area for 

assistance. Finally, for every detainee 

included in ODLS, the responsible DRO 

field office is identified and its contact 

information is provided so family 

members and attorneys can call to 

confirm the detainee’s identity, arrange 

for bond, or ask for additional 

information. Concurrently with the 

publication of this amended SORN, ICE 

is publishing a PIA for ODLS on the 

Department’s Privacy Office Web site 

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

In addition to supporting ODLS, the 

proposed routine use would also 

support the sharing of information about 

ICE detainees for the purpose of 

allowing family members and other 

individuals to deposit money in 

detainee accounts for telephone and 

commissary services within a detention 

facility. At detention facilities that 

house ICE detainees, detainees are able 

to pay to make telephone calls and to 

purchase items in the detention 

facility’s commissary. Some detention 

facilities have on-site kiosks and Web 

site and telephone services that allow 

members of the public to deposit money 

in detainees’ telephone and/or 

commissary accounts for that detention 

facility. This proposed routine use 

would support the operation of these 

kiosks, Web sites, and telephone 

systems that allow the public to search 

for a detainee at a particular facility and 

make a deposit into the detainee’s 

account. 

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 

Immigration and Enforcement 

Operational Records System of Records 

(ENFORCE). With the publication of this 

updated system of records, a new 

routine use has been proposed. The 

routine use would support the 

deployment of the ICE Online Detainee 

Locator System, which provides a 

searchable online database to help 

members of the public locate detainees 

in ICE custody. This routine use would 

also support the sharing of information 

about ICE detainees for the purpose of 

allowing family members and other 

individuals to deposit money in 

detainee accounts for telephone and 

commissary services within a detention 

facility. A Privacy Impact Assessment 

that describes the Online Detainee 

Locator System is being published 

concurrently with this notice. It can be 

found on the DHS Web site at http:// 

www.dhs.gov/privacy. This updated 

system will continue to be included in 

the Department of Homeland Security’s 

inventory of record systems. 

II. Privacy Act 

The Privacy Act embodies fair 

information principles in a statutory 

framework governing the means by 

which the 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 

from 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 


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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; 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 

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 related 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 


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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, 

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 


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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, 

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 members of the public, 

disclosure of limited detainee 

biographical information for the 

purpose of (1) identifying whether the 

detainee is in ICE custody and the 

custodial location, and (2) facilitating 

the deposit of monies into detainees’ 

accounts for telephone or commissary 

services in a detention facility. 

HH. 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 


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Federal Register / Vol. 75, No. 84 / Monday, May 3, 2010 / Notices 23279 

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; 

(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. 

Mary Ellen Callahan, 

Chief Privacy Officer, Department of 

Homeland Security. 

[FR Doc. 2010–10286 Filed 4–30–10; 8:45 am] 

BILLING CODE 9111–28–P 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

[FWS–R9–IA–2010–N090] 

[96300–1671–0000–P5] 

Receipt of Applications for Permit 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Notice of receipt of applications 

for permit. 

SUMMARY: We, the U.S. Fish and 

Wildlife Service, invite the public to 

comment on the following applications 

to conduct certain activities with 

endangered species. With some 

exceptions, the Endangered Species Act 

(ESA) prohibit activities with listed 

species unless a Federal permit is issued 

that allows such activities. The ESA 

laws require that we invite public 

comment before issuing these permits. 

DATES: We must receive requests for 

documents or comments on or before 

June 2, 2010. 

ADDRESSES: Brenda Tapia, Division of 

Management Authority, U.S. Fish and 

Wildlife Service, 4401 North Fairfax 

Drive, Room 212, Arlington, VA 22203; 

fax (703) 358–2280; or e-mail 

DMAFR@fws.gov. 

FOR FURTHER INFORMATION CONTACT: 

Brenda Tapia, (703) 358–2104 

(telephone); (703) 358–2280 (fax); 

DMAFR@fws.gov (e-mail). 

SUPPLEMENTARY INFORMATION: 

I. Public Comment Procedures 

A. How Do I Request Copies of 

Applications or Comment on Submitted 

Applications? 

Send your request for copies of 

applications or comments and materials 

concerning any of the applications to 

the contact listed under ADDRESSES. 

Please include the Federal Register 

notice publication date, the PRTnumber, and the name of the applicant 

in your request or submission. We will 

not consider requests or comments sent 

to an e-mail or address not listed under 


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