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[Federal Register: February 24, 2010 (Volume 75, Number 36)]
[Notices]               
[Page 8377-8383]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr24fe10-111]                         

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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.

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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/

[[Page 8378]]

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 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

[[Page 8379]]

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 ICE-
generated 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 ICE-generated 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

[[Page 8380]]

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

[[Page 8381]]

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 ICE-created 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.

[[Page 8382]]

    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 de-confliction 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

[[Page 8383]]

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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