Federal Register / Vol. 75, No. 36 / Wednesday, February 24, 2010 / Notices 8377 

about the clinical applications of the 

device that have been shown to be safe 

and effective, improving instructions for 

use for each distinct clinical 

application, and including a 

comprehensive quality control manual? 

If so, why and how? If not, why not? 

9. Should manufacturers submit more 

data to FDA as part of their premarket 

submissions for approval or clearance of 

CT and fluoroscopic devices, related to 

the safety and effectiveness of these 

devices (e.g., data demonstrating the 

safety and effectiveness of the device 

specific to each distinct clinical 

indication, or clinical data 

demonstrating the benefit of relatively 

high-dose procedures, for example, 

those with peak skin doses exceeding 1 

Gy)? If so, why, and what data should 

be submitted? If not, why not? 

10. Should manufacturers submit 

technical data to FDA as part of their 

premarket submissions for approval or 

clearance of CT and fluoroscopic 

devices, demonstrating dose reduction 

and image quality claims? If so, why, 

and what data should be submitted? If 

not, why not? 

11. In addition to the already-required 

indications for use statement, should 

manufacturers of CT and fluoroscopic 

devices submit to FDA as part of their 

premarket submissions a list of common 

clinical applications for which the 

device could be used (such as those 

requiring special software supported by 

the device) and the appropriate 

demographics of the likely patient 

populations for those exams? If so, why, 

and what level of information should be 

submitted? If not, why not? 

12. What changes should 

manufacturers make to CT and 

fluoroscopic devices currently on the 

market in order to reduce unnecessary 

patient exposure to ionizing radiation? 

B. User Training 

1. Should manufacturers provide 

training to medical imaging equipment 

users to ensure adequate understanding 

of equipment capabilities, operating 

principles for the technology, general 

information about optimizing patient 

dose and image quality, and specific 

dose-reduction equipment features? If 

so, why, and what training should be 

provided? If not, why not? 

2. If manufacturers provide such 

training, which personnel should 

receive it to ensure proper use of 

medical imaging equipment and dose 

reduction features? In your response, 

please consider radiologic technologists 

or technologists in other specialties as 

well as physicians in all medical 

specialties who operate fluoroscopic 

equipment. 

3. If manufacturers provide such 

training, how, when, and how often 

should it be delivered so that it is easily 

and effectively implemented at imaging 

facilities? For example, for software 

upgrades that affect dose, should 

training be performed at each site as 

well as training at the time of equipment 

installation? 

C. Quality Assurance Measures 

1. Should manufacturers provide 

quality assurance (QA) instructions and 

standard operating procedures to 

medical imaging facilities and users of 

CT and fluoroscopic devices? If so, why, 

and what instructions should be 

provided? If not, why not? 

2. Should manufacturers provide 

training on quality assurance practices? 

If so, why, what type of training should 

be provided, and to which personnel? If 

not, why not? 

D. Evaluation 

1. What tools and metrics should 

FDA, in collaboration with others in the 

Federal Government and the healthcare 

professional community, use to evaluate 

the impact of efforts to reduce 

unnecessary radiation exposure from 

medical imaging? 

IV. Transcripts 

Transcripts of the public meeting may 

be requested in writing from the 

Freedom of Information Office (HFI–35), 

Food and Drug Administration, 5600 

Fishers Lane, rm. 6–30, Rockville, MD 

20857, approximately 15 working days 

after the public meeting at a cost of 10 

cents per page. A transcript of the 

public meeting will be available on the 

Internet at http://www.regulations.gov. 

Dated: February 18, 2010. 

Jeffrey Shuren, 

Director, Center for Devices and Radiological 

Health. 

[FR Doc. 2010–3674 Filed 2–23–10; 8:45 am] 

BILLING CODE 4160–01–S 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Food and Drug Administration 

[Docket No. FDA–2010–N–0001] 

Pulmonary-Allergy Drugs Advisory 

Committee; Amendment of Notice 

AGENCY: Food and Drug Administration, 

HHS. 

ACTION: Notice. 

SUMMARY: The Food and Drug 

Administration (FDA) is announcing an 

amendment to the notice of a meeting of 

the Pulmonary-Allergy Drugs Advisory 

Committee. This meeting was 

announced in the Federal Register of 

February 2, 2010 (75 FR 5334). The 

amendment is being made to reflect a 

change in the Name of Committee 

portion of the document. There are no 

other changes. 

FOR FURTHER INFORMATION CONTACT: 

Kristine T. Khuc, Center for Drug 

Evaluation and Research (HFD–21), 

Food and Drug Administration, 5600 

Fishers Lane (for express delivery, 5630 

Fishers Lane, rm. 1093), Rockville, MD 

20857, 301–827–7001, FAX: 301–827– 

6776, e-mail: 

Kristine.Khuc@fda.hhs.gov, or FDA 

Advisory Committee Information Line, 

1–800–741–8138 (301–443–0572 in the 

Washington DC area), code 3014512545. 

Please call the Information Line for upto-date information on this meeting. 

SUPPLEMENTARY INFORMATION: In the 

Federal Register of February 2, 2010, 

FDA announced that a meeting of the 

Pulmonary-Allergy Drugs Advisory 

Committee would be held on March 10 

and 11, 2010. On page 5334, in the 

second column, the Name of Committee 

portion of the document is changed to 

read as follows: 

Name of Committees: Joint Meeting of 

the Pulmonary-Allergy Drugs Advisory 

Committee and the Drug Safety and Risk 

Management Advisory Committee. 

This notice is issued under the 

Federal Advisory Committee Act (5 

U.S.C. app. 2) and 21 CFR part 14, 

relating to the advisory committees. 

Dated: February 18, 2010. 

Jill Hartzler Warner, 

Acting Associate Commissioner for Special 

Medical Programs. 

[FR Doc. 2010–3595 Filed 2–23–10; 8:45 am] 

BILLING CODE 4160–01–S 

DEPARTMENT OF HOMELAND 

SECURITY 

Office of the Secretary 

[Docket No. DHS–2010–0007] 

Privacy Act of 1974; Department of 

Homeland Security Immigration and 

Customs Enforcement-007 Alien 

Criminal Response Information 

Management System of Records 

AGENCY: Privacy Office, DHS. 

ACTION: Notice of modification to 

existing Privacy Act system of records. 

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/ 


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Immigration and Customs Enforcement007 Law Enforcement Support Center 

Alien Criminal Response Information 

Management System of Records (73 FR 

74739, December 9, 2008). The 

information in this system of records 

includes data gathered and maintained 

both in paper form and electronically by 

U.S. Immigration and Customs 

Enforcement to carry out its mission to 

receive and respond to immigration 

status inquiries from criminal justice 

agencies regarding individuals arrested, 

under investigation, or otherwise 

encountered by those agencies. This 

system of records supports the 

Immigration and Customs Enforcement 

Secure Communities Program, the 

management of records in the Federal 

Bureau of Investigation’s National Crime 

Information Center about persons who 

are the subject of Immigration and 

Customs Enforcement-issued criminal 

warrants and immigration lookouts, and 

the Department of Homeland Security/ 

Immigration and Customs Enforcement 

Tip-line operation for receiving reports 

from the public as well as governmental 

and non-governmental organizations 

concerning customs and immigration 

violations, suspicious activity, or other 

law enforcement matters. This system 

also supports Immigration and Customs 

Enforcement efforts to conduct 

immigration status checks on foreign 

born individuals applying to purchase/ 

obtain a firearm in the United States, 

individuals supporting special security 

events, and individuals who are Federal 

or contract employees and applicants 

undergoing a U.S. Office of Personnel 

Management background investigation. 

Categories of individuals, categories of 

records, and the purpose statement and 

routine uses of this system of records 

notice have been updated to better 

reflect the current status of these 

records. The exemptions for the existing 

system of records notice will continue 

to be applicable for this system of 

records notice. Additionally, this system 

will continue to be included in the 

Department of Homeland Security’s 

inventory of record systems. 

DATES: Submit comments on or before 

March 26, 2010. This new system will 

be effective March 26, 2010. 

ADDRESSES: You may submit comments, 

identified by docket number DHS– 

2010–0007 by one of the following 

methods: 

• Federal e-Rulemaking Portal: 

http://www.regulations.gov. Follow the 

instructions for submitting comments. 

• Fax: 703–483–2999. 

• Mail: Mary Ellen Callahan, Chief 

Privacy Officer, Privacy Office, 

Department of Homeland Security, 

Washington, DC 20528. 

• Instructions: All submissions 

received must include the agency name 

and docket number for this rulemaking. 

All comments received will be posted 

without change to http:// 

www.regulations.gov, including any 

personal information provided. 

• Docket: For access to the docket to 

read background documents or 

comments received go to http:// 

www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: Lyn 

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

U.S. Immigration and Customs 

Enforcement, 500 12th Street, SW., 

Washington, DC 20536; Mary Ellen 

Callahan (703–235–0780), Chief Privacy 

Officer, Privacy Office, U.S. Department 

of Homeland Security, Washington, DC 

20528. 

SUPPLEMENTARY INFORMATION:

I. Background 

The Department of Homeland 

Security (DHS) is updating and 

reissuing DHS/Immigration and 

Customs Enforcement (ICE)–09007 Law 

Enforcement Support Center (LESC) 

Alien Criminal Response Information 

Management (ACRIMe) System (73 FR 

74739, December 9, 2008) to add or 

modify the categories of records and 

individuals, purpose statement, and 

routine uses for the system of records in 

order to clarify the nature of the 

customs and immigration law 

enforcement records maintained by ICE. 

The system of records is being renamed 

DHS/ICE–007 Alien Criminal Response 

Information Management (ACRIMe) 

System of Records. 

DHS is expanding and clarifying the 

categories of individuals in this system 

of records notice. As amended, this 

system of records pertains to the 

following category of individuals: (1) 

Individuals who are the subject of an 

immigration status inquiry directed to 

ICE by criminal justice agencies that 

have arrested, investigated, 

encountered, or had custody of the 

individual; (2) individuals who report 

tips to DHS/ICE about suspicious 

activity or other law enforcement and 

the individuals about whom those 

reports are made; (3) individuals who 

are the subject of criminal arrest 

warrants and immigration lookouts that 

ICE has entered into the Federal Bureau 

of Investigation’s (FBI) National Crime 

Information Center (NCIC) System; (4) 

individuals subject to background 

investigations by a Federal agency for 

employment and/or national security 

purposes; (5) individuals who are 

applying to obtain/purchase a firearm in 

the United States and whose 

information has been submitted to ICE 

for the purpose of conducting an 

immigration status check in support of 

background checks required by the 

Brady Handgun Violence Protection Act 

(Brady Act) or other applicable laws; 

and (6) personnel working for criminal 

justice agencies who contact ICE for law 

enforcement assistance. 

DHS is also updating and clarifying 

the existing categories of records in this 

system of records notice to include: (1) 

Biographic identifiers, other identifiers, 

and contact information, (2) visa, 

border, immigration and citizenship 

information, (3) criminal history 

information, (4) NCIC hit confirmation 

records, (5) background investigation 

records, (6) criminal justice immigration 

status check records received from 

domestic, foreign, and international 

criminal justice agencies about 

individuals who have been arrested by, 

investigated by, encountered by, or are 

otherwise in the custody of such 

agencies, (7) identification and 

authentication information for criminal 

justice agency personnel who contact 

ICE, (8) public tip records, and (9) 

information about ICE’s follow-up 

actions on tips or other information 

received. 

DHS is updating this notice to clarify 

and expand the purposes of the ACRIMe 

system of records. The purposes of the 

ACRIMe system of records are now as 

follows: (1) To identify and arrest 

individuals in the United States who 

may be subject to removal under the 

Immigration and Nationality Act, as 

amended; (2) to respond to inquiries 

from criminal justice agencies that seek 

to determine the immigration status of 

an individual in the context of a 

criminal justice matter for the purpose 

of identifying and arresting those who 

may be subject to removal; (3) to inform 

criminal justice agencies and agencies 

conducting background checks whether 

an individual is under investigation 

and/or wanted by ICE or other criminal 

justice agencies; (4) to receive, process 

and act on information received from 

the general public and other sources 

regarding suspicious activities and 

actual or potential violations of laws 

enforced by ICE or DHS, and to refer any 

other actionable information to the 

appropriate agencies for action; (5) to 

provide assistance to domestic, foreign 

and international agencies that contact 

ICE and the LESC on matters within the 

scope of ICE’s law enforcement 

authorities, including violations of U.S. 

customs and immigration laws; (6) to 

collect and analyze data to evaluate the 

effectiveness and quality of services 

provided to other agencies in support of 


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the purposes described above, and of 

ICE’s customs and immigration law 

enforcement efforts generally; and (7) to 

identify potential criminal activity, 

immigration violations, and threats to 

homeland security; to uphold and 

enforce the law; and to ensure public 

safety. 

Finally, DHS is updating this system 

of records notice to add several new 

routine uses that clarify the scope of 

external sharing of information from the 

ACRIMe system of records. Specifically, 

DHS proposes to add new routine uses 

that support the sharing of results of 

immigration status inquiries for 

handgun applicants, persons 

undergoing certain background checks, 

and for criminal law enforcement 

purposes. DHS also proposes to add a 

new routine use to support ICE’s 

operation of the DHS Tip-line, which 

necessitates the sharing of information 

gathered from various voluntary sources 

with appropriate agencies that may have 

authority, jurisdiction, or other need to 

know regarding the subject of the tip. A 

new routine use is proposed to 

specifically support the sharing of 

information with criminal justice 

agencies and other users of NCIC when 

those agencies have a hit against an ICEgenerated NCIC record to resolve the hit. 

DHS proposes a new routine use to 

support the sharing of information that 

is necessary when ICE places an 

immigration detainer on an individual 

currently in the custody of another 

agency or seeks to transfer custody from 

another agency to ICE pursuant to its 

efforts to enforce Federal immigration 

laws. Finally, DHS is adding new 

routine uses to support the necessary 

sharing of information with Congress 

and the Office of Management and 

Budget in connection with private 

immigration relief legislation; with 

other agencies as needed to test 

information systems and technologies; 

with foreign governments and the State 

Department as necessary to support 

current information sharing agreements 

and diplomatic communications with 

foreign governments; and with other 

criminal justice agencies to coordinate, 

collaborate, and deconflict actions on 

investigative matters or criminal law 

enforcement operations. 

II. ACRIMe System of Records 

The ICE LESC was originally 

established primarily to respond to 

inquiries from Federal, State, local, 

tribal and international criminal justice 

agencies (i.e., law enforcement agencies, 

criminal courts, booking and 

correctional facilities, and parole 

boards) regarding the immigration status 

of individuals they encountered while 

performing their law enforcement duties 

across the U.S. and internationally. The 

LESC’s mission and ACRIMe 

functionality have expanded to support 

ICE’s handling of and response to 

immigration status inquiries made by 

ICE and other Federal, State, local, 

tribal, and international criminal justice 

agencies regarding individuals arrested, 

subject to background checks, under 

investigation, or otherwise encountered 

by those agencies. The ACRIMe system 

supports and keeps appropriate records 

of the following customs, immigration, 

and law enforcement functions: (1) 

Support the ICE Secure Communities 

Program, which seeks to improve public 

safety by implementing a 

comprehensive, integrated approach to 

identify and remove criminal aliens 

from the U.S. using biometric data; (2) 

respond to electronic ‘‘Immigration 

Alien Queries’’ submitted by ICE and 

other criminal justice agencies regarding 

the immigration status of individuals 

they have arrested or are investigating 

(known as ‘‘Traditional law enforcement 

checks’’); (3) support ‘‘Brady Act 

Checks,’’ which are background checks 

on foreign born persons seeking to 

purchase or obtain firearms in the U.S.; 

(4) create, update and clear records in 

the Federal Bureau of Investigation’s 

(FBI) National Crime Information Center 

(NCIC) system about persons who are 

the subject of ICE-issued criminal 

warrants or immigration lookouts; (5) 

operate a 24-hour Tip-line for the public 

to report customs and immigration 

violations, suspicious activity or other 

law enforcement matters to the DHS; (6) 

conduct immigration status checks on 

individuals in support of special 

security events like the Super Bowl, or 

the security of visiting national leaders 

or sensitive facilities; and (7) process 

inquiries from OPM to determine the 

immigration status of Federal and 

contract applicants and employees 

undergoing a background investigation 

(known as ‘‘OPM checks’’). The ACRIMe 

system is divided into four separate user 

interfaces, called modules: (1) The 

Operations Module; (2) 

Communications Center Module; (3) 

NCIC Section Module; and (4) Tip-line 

Module. 

The ACRIMe Operations Module 

facilitates the electronic receipt of and 

response to Immigration Alien Queries 

(IAQs) from ICE and other agencies 

requesting an immigration status check 

pursuant to a traditional law 

enforcement, Brady Act, special security 

event, or OPM check. In the future the 

ACRIMe will automatically prioritize 

pending requests for immigration status 

checks to give preference to those 

concerning criminal aliens with more 

severe criminal histories. The ACRIMe 

Operations Module uses personal 

identifiers provided in the IAQ to 

automatically search various criminal, 

customs and immigration databases to 

gather information about the subject of 

the IAQ. Based on the search results, 

ICE prepares an Immigration Alien 

Response (IAR) in ACRIMe indicating 

the individual’s last known immigration 

status, and electronically returns the 

IAR to the requesting agency. 

The ACRIMe Communications Center 

Module documents calls from IAQ 

submitters who have further questions 

regarding IARs received from ICE, from 

criminal justice agencies contacting ICE 

to report suspected customs or 

immigration violations, and from law 

enforcement agencies seeking to confirm 

matches against ICE-generated National 

Crime Information Center (NCIC) 

records (known as ‘‘NCIC Hit 

Confirmation’’ calls). 

The ACRIMe NCIC Section Module 

allows ICE to create, update and clear 

records in the Federal Bureau of 

Investigation’s (FBI) NCIC system about 

persons for whom ICE has an 

outstanding criminal warrant or 

immigration lookout. ICE maintains ‘‘hit 

confirmation files’’ for these ICEgenerated NCIC records, which provide 

additional information about the subject 

of the NCIC records and allow easy 

access to this information so that ICE 

can quickly confirm whether a person 

run through NCIC is likely the person 

who is the subject of the active warrant 

or lookout. 

The ACRIMe Tip-line Module 

documents calls received from the 

general public and governmental and 

non-government organizations via the 

DHS/ICE Tip-line who are reporting 

suspected customs and immigration 

violations, suspicious activities or other 

law enforcement matters to ICE. If 

enough information is provided by the 

caller, ICE may manually conduct 

research in various government and 

commercial databases. Based on the 

findings of the search, ICE can manually 

create an investigatory lead that is 

routed to the appropriate ICE field office 

for further investigation or action. 

This updated system of records notice 

is being published concurrently with 

the Privacy Impact Assessment (PIA) for 

the ACRIMe System because 

information maintained in ACRIMe is 

described in this notice. The ACRIMe 

PIA is available on the DHS Privacy 

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

privacy. 

Portions of the DHS/ICE–007 ACRIMe 

System of Records are exempt from one 

or more provisions of the Privacy Act 


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because of criminal, civil and 

administrative enforcement 

requirements. Individuals may request 

information about records pertaining to 

them stored in the DHS/ICE–007 

ACRIMe System of Records as outlined 

in the ‘‘Notification Procedure’’ section 

below. ICE reserves the right to exempt 

various records from release. The 

Secretary of Homeland Security has 

exempted portions of this system of 

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

(d); (e)(1), (2), (3), (4)(G), (4)(H), (5) and 

(8); (f); and (g) of the Privacy Act. In 

addition, the system has been exempted 

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

(e)(1), (4)(G), (4)(H), and (f) pursuant to 

5 U.S.C. 552a(k)(2). Rules have been 

promulgated in accordance with the 

requirements of 5 U.S.C. 553(b), (c) and 

(e) and have been published in the 

Federal Register as addition to Title 28, 

Code of Federal Regulations (28 CFR 

16.99). In addition, to the extent a 

record contains information from other 

exempt systems of records, ICE will rely 

on the exemptions claimed for those 

systems. 

Consistent with DHS’s information 

sharing mission, information stored in 

the DHS/ICE–007 ACRIMe System of 

Records may be shared with other DHS 

components, as well as appropriate 

Federal, State, local, tribal, foreign, or 

international government agencies. This 

sharing will only take place after DHS 

determines that the receiving 

component or agency has a need to 

know the information to carry out 

national security, law enforcement, 

immigration, intelligence, or other 

functions consistent with the routine 

uses set forth in this system of records 

notice. 

In accordance with the Privacy Act of 

1974, the Department of Homeland 

Security U.S. Immigration and Customs 

Enforcement is updating an existing 

system of records titled, Department of 

Homeland Security/U.S. Immigration 

and Customs Enforcement-007 Law 

Enforcement Support Center Alien 

Criminal Response Information 

Management System of Records (73 FR 

74739, December 9, 2008). The 

information in this system of records 

includes data gathered and maintained 

both in paper form and electronically by 

U.S. Immigration and Customs 

Enforcement to carry out its mission to 

receive and respond to immigration 

status inquiries from criminal justice 

agencies regarding individuals arrested, 

under investigation, or otherwise 

encountered by those agencies. This 

system of records supports the U.S. 

Immigration and Customs Enforcement 

Secure Communities Program, the 

management of records in the Federal 

Bureau of Investigation’s National Crime 

Information Center about persons who 

are the subject of U.S. Immigration and 

Customs Enforcement-issued criminal 

warrants and immigration lookouts, and 

the Department of Homeland Security/ 

U.S. Immigration and Customs 

Enforcement Tip-line operation for 

receiving reports from the public as well 

as governmental and non-governmental 

organizations concerning customs and 

immigration violations, suspicious 

activity, or other law enforcement 

matters. This system also supports the 

U.S. Immigration and Customs 

Enforcement efforts to conduct 

immigration status checks on foreign 

born individuals applying to purchase/ 

obtain a firearm in the United States, 

individuals supporting special security 

events or who are visiting or requesting 

access to national leaders or sensitive 

facilities, and individuals who are 

Federal or contract employees and 

applicants undergoing a U.S. Office of 

Personnel Management background 

investigation. Categories of individuals, 

categories of records, and the purpose 

statement and routine uses of this 

system of records notice have been 

updated to better reflect the current 

status of these records. The exemptions 

for the existing system of records notice 

will continue to be applicable for this 

system of records notice. Additionally, 

this system will continue to be included 

in the Department of Homeland 

Security’s inventory of record systems. 

III. Privacy Act 

The Privacy Act embodies fair 

information principles in a statutory 

framework governing the means by 

which the United States Government 

collects, maintains, uses, and 

disseminates individuals’ records. The 

Privacy Act applies to information that 

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

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

records under the control of an agency 

for which information is retrieved by 

the name of an individual or by some 

identifying number, symbol, or other 

identifying particular assigned to the 

individual. In the Privacy Act, an 

individual is defined to encompass 

United States citizens and lawful 

permanent residents. As a matter of 

policy, DHS extends administrative 

Privacy Act protections to all 

individuals where systems of records 

maintain information on U.S. citizens, 

lawful permanent residents, and 

visitors. Individuals may request access 

to their own records that are maintained 

in a system of records in the possession 

or under the control of DHS by 

complying with DHS Privacy Act 

regulations, 6 CFR part 5. 

The Privacy Act requires each agency 

to publish in the Federal Register a 

description denoting the type and 

character of each system of records that 

the agency maintains, and the routine 

uses that are contained in each system 

in order to make agency record keeping 

practices transparent, to notify 

individuals regarding the uses to which 

their records are put, and to assist 

individuals to more easily find such 

files within the agency. Below is the 

description of the DHS/ICE–007 

ACRIMe System of Records. 

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

DHS has provided a report of this 

system of records to the Office of 

Management and Budget and to 

Congress. 

System of Records: 

DHS/ICE—007 

SYSTEM NAME: 

Alien Criminal Response Information 

Management (ACRIMe) System 

SECURITY CLASSIFICATION: 

Unclassified and Law Enforcement 

Sensitive (LES). 

SYSTEM LOCATION: 

Records are maintained at the U.S. 

Immigration and Customs Enforcement 

(ICE) Law Enforcement Support Center 

(LESC) in Williston, Vermont, at ICE 

Headquarters, and other ICE field office 

locations. 

CATEGORIES OF INDIVIDUALS COVERED BY THE

SYSTEM: 

Categories of individuals covered in 

this system include: 

(1) Individuals who are encountered 

by, arrested by, under the investigation 

of, or in the custody of a criminal justice 

agency and are the subject of an 

immigration status inquiry directed to 

ICE. 

(2) Individuals who report tips 

concerning customs and immigration 

violations, suspicious activity or other 

law enforcement matters to the 

Department of Homeland Security 

(DHS)/ICE and individuals about whom 

those reports are made. 

(3) Individuals who are the subject of 

criminal arrest warrants and 

immigration lookouts that ICE has 

entered into the Federal Bureau of 

Investigation’s (FBI) National Crime 

Information Center (NCIC) System. 

(4) Individuals subject to background 

investigations by a Federal agency for 

employment and/or national security 

purposes. 

(5) Individuals who are applying to 

obtain/purchase a firearm in the United 

States and whose information has been 

submitted to ICE for the purpose of 


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conducting an immigration status check 

in support of background checks 

required by the Brady Handgun 

Violence Protection Act (Brady Act) or 

other applicable laws. 

(6) Law enforcement officers or other 

personnel working for criminal justice 

agencies who contact ICE for reasons 

relating to the purposes of this system 

of records, or for other law enforcement 

assistance. 

CATEGORIES OF RECORDS IN THE SYSTEM: 

Categories of records in this system 

may include: 

• Biographic identifiers, other 

identifiers, and contact information 

(e.g., name, aliases, date and place of 

birth, address, telephone number, Social 

Security Number (SSN), Alien 

Registration Number (A-Number), 

driver’s license number, other personal 

identification numbers, fingerprint 

identification number, passport 

number). 

• Visa, border, immigration and 

citizenship information (e.g., citizenship 

and/or immigration status, application 

for benefit information, visa and travel 

history). 

• Criminal history information (e.g., 

FBI number, booking number, current 

charge[s], custodial status, past offenses 

and convictions). 

• NCIC hit confirmation records, 

which consist of information supporting 

the entry of criminal warrants or 

immigration lookouts into the NCIC 

system, such as criminal arrest warrant 

information, fingerprints and 

photographs, other information 

identifying the individual, and records 

reflecting the purpose/basis for the 

warrant or lookout. Records of inquiries 

received from criminal justice agencies 

regarding potential matches against ICEcreated NCIC records, and records 

pertaining to ICE’s research, resolution, 

and response to those inquiries. 

• Background investigation records, 

which consist of identifying and other 

information received from agencies 

requesting an immigration status check 

on individuals as part of a background 

check for employment, gun ownership, 

or other reasons; research conducted by 

ICE during the conduct of the 

immigration status check; and ICE’s 

research, resolution, and response to 

those inquiries. 

• Criminal justice immigration status 

check records, which consist of 

identifying and other information 

received from criminal justice agencies 

requesting an immigration status check 

on individuals in the context of a 

criminal justice matter; prioritization of 

requests; research conducted by ICE 

during the conduct of the immigration 

status check; and ICE’s research, 

resolution, and response to those 

inquiries. 

• Public tip records, which consist of 

information contained in tips received 

from the public or other sources 

regarding customs and immigration 

violations, or other violations of law, 

and suspicious activities. This includes 

identifying and contact information 

about the individual reporting the tip (if 

provided) and information about the 

person or persons who are the subject of 

the tip. 

• Information pertaining to ICE’s 

follow-up activities regarding a tip or 

other information received pursuant to 

the activities supported by this system 

of records, including setting leads for 

ICE investigations and referrals to other 

agencies. 

• Identification and authentication 

information for law enforcement officers 

or other criminal justice personnel who 

contact ICE. 

AUTHORITY FOR MAINTENANCE OF THE SYSTEM: 

8 U.S.C. 1103, 8 U.S.C 1324(b)(3); 8 

U.S.C 1360(b); 5 U.S.C. 52a(b); 5 U.S.C. 

301; Section 504 of the Immigration and 

Nationality Act of 1990 (Pub. L. 101– 

649); the Brady Handgun Violence 

Protection Act of 1993 (Pub.L. 103–159); 

FY2008 DHS Appropriations Act (Pub. 

L. 108–161, 1844, 2050 (2007)); INA 

provisions regarding removal of 

criminal aliens (INA section 237(2) and 

section 238); and the Economy Act (31 

U.S.C. 1535); the Federal Records Act, 

44 U.S.C. 3101. 

PURPOSE(S): 

The purposes of this system are to: 

(1) Identify and arrest individuals in 

the United States who may be subject to 

removal under the Immigration and 

Nationality Act, as amended. 

(2) Respond to inquiries from criminal 

justice agencies that seek to determine 

the immigration status of an individual 

in the context of a criminal justice 

matter for the purpose identifying and 

arresting those who may be subject to 

removal. 

(3) Inform criminal justice agencies 

and agencies conducting background 

checks whether an individual is under 

investigation and/or wanted by ICE or 

other criminal justice agencies. 

(4) Receive, process and act on 

information received from the general 

public and other sources regarding 

suspicious activities and actual or 

potential violations of laws enforced by 

ICE or DHS, and to refer any other 

actionable information to the 

appropriate agencies for action. 

(5) Provide assistance to domestic, 

foreign and international agencies that 

contact ICE and the LESC on matters 

within the scope of ICE’s law 

enforcement authorities, including 

violations of U.S. customs and 

immigration laws. 

(6) Collect and analyze data to 

evaluate the effectiveness and quality of 

services provided to other agencies in 

support of the purposes described 

above, and of ICE’s customs and 

immigration law enforcement efforts 

generally. 

(7) Identify potential criminal activity, 

immigration violations, and threats to 

homeland security; uphold and enforce 

the law; and ensure public safety. 

ROUTINE USES OF RECORDS MAINTAINED IN THE

SYSTEM, INCLUDING CATEGORIES OF USERS AND

THE PURPOSES OF SUCH USES: 

In addition to those disclosures 

generally permitted under 5 U.S.C. 

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

portion of the records or information 

contained in this system may be 

disclosed outside DHS as a routine use 

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

follows: 

A. To the Department of Justice 

(including United States Attorney 

Offices) or other Federal agency 

conducting litigation or in proceedings 

before any court, adjudicative or 

administrative body, when it is 

necessary to the litigation and one of the 

following is a party to the litigation or 

has an interest in such litigation: 

1. DHS or any component thereof; 

2. Any employee of DHS, or HHS 

employee detailed to DHS, in his/her 

official capacity; 

3. Any employee of DHS, or HHS 

employee detailed to DHS, in his/her 

individual capacity where DOJ or DHS 

has agreed to represent the employee; or 

4. The United States or any agency 

thereof, is a party to the litigation or has 

an interest in such litigation, and DHS 

determines that the records are both 

relevant and necessary to the litigation 

and the use of such records is 

compatible with the purpose for which 

DHS collected the records. 

B. To a congressional office from the 

record of an individual in response to 

an inquiry from that congressional office 

made at the request of the individual to 

whom the record pertains. 

C. To the National Archives and 

Records Administration or other Federal 

government agencies pursuant to 

records management inspections being 

conducted under the authority of 44 

U.S.C. 2904 and 2906. 

D. To an agency, organization, or 

individual for the purpose of performing 

audit or oversight operations as 

authorized by law, but only such 

information as is necessary and relevant 

to such audit or oversight function. 


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E. To appropriate agencies, entities, 

and persons when: 

1. DHS suspects or has confirmed that 

the security or confidentiality of 

information in the system of records has 

been compromised; 

2. The Department has determined 

that as a result of the suspected or 

confirmed compromise there is a risk of 

harm to economic or property interests, 

identity theft or fraud, or harm to the 

security or integrity of this system or 

other systems or programs (whether 

maintained by DHS or another agency or 

entity) or harm to the individual that 

relies upon the compromised 

information; and 

3. The disclosure made to such 

agencies, entities, and persons is 

reasonably necessary to assist in 

connection with DHS’s efforts to 

respond to the suspected or confirmed 

compromise and prevent, minimize, or 

remedy such harm. 

F. To contractors and their agents, 

grantees, experts, consultants, and 

others performing or working on a 

contract, service, grant, cooperative 

agreement, or other assignment for DHS, 

when necessary to accomplish an 

agency function related to this system of 

records. Individuals provided 

information under this routine use are 

subject to the same Privacy Act 

requirements and limitations on 

disclosure as are applicable to DHS 

officers and employees. 

G. To an appropriate Federal, State, 

tribal, local, international or foreign law 

enforcement agency or other appropriate 

authority charged with investigating or 

prosecuting a violation or enforcing or 

implementing a law, rule, regulation, or 

order, where a record, either on its face 

or in conjunction with other 

information, indicates a violation or 

potential violation of law, which 

includes criminal, civil, or regulatory 

violations and such disclosure is proper 

and consistent with the official duties of 

the person making the disclosure. 

H. To an appropriate Federal, State, 

tribal, local, international, or foreign law 

enforcement agency, if the information 

is relevant and necessary to a requesting 

agency’s decision concerning the hiring 

or retention of an individual, or 

issuance of a security clearance, license, 

contract, grant, or other benefit, or if the 

information is relevant and necessary to 

a DHS decision concerning the hiring or 

retention of an employee, the issuance 

of a security clearance, the reporting of 

an investigation of an employee, the 

letting of a contract, or the issuance of 

a license, grant or other benefit and 

disclosure is appropriate to the proper 

performance of the official duties of the 

person making the request. 

I. To domestic governmental agencies 

seeking to determine the immigration 

status of persons who have applied to 

purchase/obtain a firearm in the United 

States, pursuant to checks conducted on 

such persons under the Brady Handgun 

Violence Prevention Act or other 

applicable laws. 

J. To the U.S. Office of Personnel 

Management (OPM) or its agents seeking 

to determine the immigration status of 

individuals undergoing background 

investigations. 

K. To appropriate Federal, State, 

local, tribal, foreign or international 

criminal justice agencies, or other 

authorized users of NCIC, to respond to 

inquiries regarding a person who is or 

may be the subject of an ICE-generated 

NCIC criminal arrest warrant or 

immigration lookout record. 

L. To appropriate Federal, State, local, 

tribal, foreign or international agencies 

seeking to determine the immigration 

status of individuals who are being 

screened with respect to their 

participation in, attendance at, or other 

relation to a special security event. 

M. To appropriate Federal, State, 

local, tribal, foreign or international 

agencies in order to refer reports of 

suspicious activity, tips, potential 

violations of law and other relevant 

information to agencies with 

appropriate jurisdiction, authorities, 

and/or need-to-know concerning the 

matters. 

N. To the Department of Justice (DOJ), 

Federal Bureau of Prisons (BOP) and 

other Federal, State, local, territorial, 

tribal and foreign law enforcement or 

custodial agencies for the purpose of 

placing an immigration detainer on an 

individual in that agency’s custody, or 

to facilitate the transfer of custody of an 

individual to ICE from the other agency. 

O. To the appropriate foreign 

government agency charged with 

enforcing or implementing laws where 

there is an indication of a violation or 

potential violation of the law of another 

nation (whether civil or criminal), and 

to international organizations engaged 

in the collection and dissemination of 

intelligence concerning criminal 

activity. 

P. To other Federal, State, local, or 

foreign government agencies, 

individuals, and organizations during 

the course of an investigation, 

proceeding, or activity within the 

purview of immigration and nationality 

laws to elicit information required by 

DHS/ICE to carry out its functions and 

statutory mandates. 

Q. To international, foreign, and 

intergovernmental agencies, authorities, 

and organizations in accordance with 

law and formal or informal international 

arrangements. 

R. To the Office of Management and 

Budget (OMB) in connection with the 

review of private relief legislation as set 

forth in OMB Circular No. A–19 at any 

stage of the legislative coordination and 

clearance process as set forth in the 

Circular. 

S. To the U.S. Senate Committee on 

the Judiciary or the U.S. House of 

Representatives Committee on the 

Judiciary when necessary to inform 

members of Congress about an alien 

who is being considered for private 

immigration relief. 

T. To the State Department when it 

requires information to consider and/or 

provide an informed response to a 

request for information from a foreign, 

international, or intergovernmental 

agency, authority, or organization about 

an alien or an enforcement operation 

with transnational implications. 

U. To a criminal, civil, or regulatory 

law enforcement authority (whether 

Federal, State, local, territorial, tribal, 

international or foreign) where the 

information is necessary for 

collaboration, coordination and 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 appropriate Federal, State, 

local, tribal, foreign or international 

governmental agencies or multilateral 

governmental organizations where DHS 

is aware of a need to utilize relevant 

data for purposes of testing new 

technology and systems designed to 

enhance national security or identify 

other violations of law. 

W. To a court, magistrate, or 

administrative tribunal in the course of 

presenting evidence, including 

disclosures to opposing counsel or 

witnesses in the course of civil 

discovery, litigation, or settlement 

negotiations or in connection with 

criminal law proceedings or in response 

to a subpoena from a court of competent 

jurisdiction. 

X. To Federal and foreign government 

intelligence or counterterrorism 

agencies or components where DHS 

becomes aware of an indication of a 

threat or potential threat to national or 

international security, or where such 

use is to assist in anti-terrorism efforts 

and disclosure is appropriate to the 

proper performance of the official duties 

of the person making the disclosure. 

Y. To the news media and the public, 

with the approval of the Chief Privacy 

Officer in consultation with counsel, 

when there exists a legitimate public 

interest in the disclosure of the 


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information or when disclosure is 

necessary to preserve confidence in the 

integrity of DHS or is necessary to 

demonstrate the accountability of DHS’s 

officers, employees, or individuals 

covered by the system, except to the 

extent it is determined that release of 

the specific information in the context 

of a particular case would constitute an 

unwarranted invasion of personal 

privacy. 

DISCLOSURE TO CONSUMER REPORTING

AGENCIES: 

None. 

POLICIES AND PRACTICES FOR STORING, 

RETRIEVING, ACCESSING, RETAINING, AND

DISPOSING OF RECORDS IN THE SYSTEM: 

STORAGE: 

Records in this system are stored 

electronically or on paper in secure 

facilities behind locked doors. 

Electronic records are stored on 

magnetic disc, tape, digital media, and 

CD–ROM. 

RETRIEVABILITY: 

Records may be retrieved by personal, 

biographic or biometric identifiers such 

as name, date of birth, place of birth, 

address, A-Number(s), FBI criminal 

history number(s), Social Security 

Number, Fingerprint Identification 

Number, and passport number. 

SAFEGUARDS: 

Records in this system are 

safeguarded in accordance with 

applicable rules and policies, including 

all applicable DHS automated systems 

security and access policies. Strict 

controls have been imposed to minimize 

the risk of compromising the 

information that is being stored. Access 

to the computer systems containing the 

records in this system is limited to those 

individuals who have a need to know 

the information for the performance of 

their official duties and who have 

appropriate clearances or permissions. 

RETENTION AND DISPOSAL: 

ICE is seeking approval for a records 

disposition schedule for the records 

described in this system of records. ICE 

proposes to maintain the IAQ and IAR 

records pertaining to traditional law 

enforcement checks for seventy-five (75) 

and special security event and OPM 

checks for five (5) years from the date 

an immigration status determination is 

made and IAR returned, after which the 

records will be deleted from the 

ACRIMe system. ICE proposes to 

maintain NCIC Module records 

(containing the underlying basis for the 

ICE-generated NCIC record) for 75 years 

from the date the record is removed 

from NCIC. Pursuant to the legal 

requirements as defined by the Brady 

Act, ICE proposes to maintain IAQs and 

IARs related to Brady Act checks for 

twenty-four (24) hours, after which the 

records will be deleted from the 

ACRIMe system. ICE proposes to 

maintain Communication Center 

Module records containing NCIC Hit 

Confirmation calls for 75 years and 

follow-up calls to IARs for the time 

period consistent with the type of query 

conducted. Additionally, ICE proposes 

to maintain suspicious activity reporting 

in the Tip-line and the Communications 

Center Modules for ten (10) years from 

the date of the tip. 

SYSTEM MANAGER AND ADDRESS: 

Unit Chief, Law Enforcement Support 

Center, U.S. Immigration and Customs 

Enforcement, 188 Harvest Lane, 

Williston, VT 05495. 

NOTIFICATION PROCEDURE: 

The Secretary of Homeland Security 

has exempted this system from the 

notification, access, and amendment 

procedures of the Privacy Act because it 

is a law enforcement system. However, 

ICE will consider individual requests to 

determine whether or not information 

may be released. Thus, individuals 

seeking notification of and access to any 

record contained in this system of 

records, or seeking to contest its 

content, may submit a request in writing 

to ICE’s FOIA Officer, whose contact 

information can be found at http:// 

www.dhs.gov/foia under ‘‘contacts.’’ If 

an individual believes more than one 

component maintains Privacy Act 

records concerning him or her, the 

individual may submit the request to 

the Chief Privacy Officer and Chief 

Freedom of Information Act Officer, 

Department of Homeland Security, 245 

Murray Drive, SW., Building 410, 

STOP–0550, Washington, DC 20528. 

When seeking records about yourself 

from this system of records or any other 

Departmental system of records your 

request must conform with the Privacy 

Act regulations set forth in 6 CFR part 

5. You must first verify your identity, 

meaning that you must provide your full 

name, current address, and date and 

place of birth. You must sign your 

request, and your signature must either 

be notarized or submitted under 28 

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

statements to be made under penalty of 

perjury as a substitute for notarization. 

While no specific form is required, you 

may obtain forms for this purpose from 

the Chief Privacy Officer and Chief 

Freedom of Information Act Officer, 

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

In addition you should provide the 

following: 

• An explanation of why you believe 

the Department would have information 

on you; 

• Identify which component(s) of the 

Department you believe may have the 

information about you; 

• Specify when you believe the 

records would have been created; 

• Provide any other information that 

will help the FOIA staff determine 

which DHS component agency may 

have responsive records; and 

• If your request is seeking records 

pertaining to another living individual, 

you must include a statement from that 

individual certifying his/her agreement 

for you to access his/her records. 

Without this bulleted information, the 

component(s) may not be able to 

conduct an effective search, and your 

request may be denied due to lack of 

specificity or lack of compliance with 

applicable regulations. 

RECORD ACCESS PROCEDURES: 

See ‘‘Notification procedure’’ above. 

CONTESTING RECORD PROCEDURES: 

See ‘‘Notification procedure’’ above. 

RECORD SOURCE CATEGORIES: 

Records are obtained from ICE and 

other Federal, State, local, tribal, foreign 

and international criminal justice 

agencies (e.g., law enforcement 

agencies, investigators, prosecutors, 

correctional institutions, police 

departments, and parole boards). 

EXEMPTIONS CLAIMED FOR THE SYSTEM: 

Pursuant to exemption 5 U.S.C. 

552a(j)(2) of the Privacy Act, portions of 

this system are exempt from subsections 

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

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

Privacy Act. In addition, the system has 

been exempted from subsections (c)(3), 

(d), and (e)(1), (4)(G), (4)(H), and (f) 

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

have been promulgated in accordance 

with the requirements of 5 U.S.C. 

553(b), (c) and (e) and have been 

published in the Federal Register as 

additions to Title 28, Code of Federal 

Regulations (28 CFR 16.99). In addition, 

to the extent a record contains 

information from other exempt systems 

of records, ICE will rely on the 

exemptions claimed for those systems. 

Mary Ellen Callahan, 

Chief Privacy Officer, Department of 

Homeland Security. 

[FR Doc. 2010–3605 Filed 2–23–10; 8:45 am] 

BILLING CODE 9111–28–P 


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