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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.

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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

Food and Drug Administration
[Docket No. FDA–2010–N–0001]

Pulmonary-Allergy Drugs Advisory
Committee; Amendment of Notice
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

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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:
[email protected], 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

DEPARTMENT OF HEALTH AND
HUMAN SERVICES

AGENCY:

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[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
Privacy Office, DHS.
Notice of modification to
existing Privacy Act system of records.
AGENCY:
ACTION:

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

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.

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,

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ADDRESSES:

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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

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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

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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

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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

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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.

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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.

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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

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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

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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.

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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

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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:

SYSTEM MANAGER AND ADDRESS:

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.

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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

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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.
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:

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• 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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