DHS/ICE-011 Criminal Arrest Records and Immigration Enforcement Records (CARIER) System of Records

72080

Federal Register / Vol. 81, No. 202 / Wednesday, October 19, 2016 / Notices

Freedom of Information Act Officer,
http://www.dhs.gov/foia or 1–866–431–
0486. In addition, you should:
• Explain 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; and
• Provide any other information that
will help the FOIA staff determine
which DHS component agency may
have responsive records;
If your request is seeking records
pertaining to another living individual,
you must include a statement from that
individual certifying his/her agreement
for you to access his/her records.
Without the above 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.

• JUSTICE/FBI–002 The FBI Central
Records System, 72 FR 3410 (January
25, 2007);
• DoD/A0025–2 Defense Biometric
Services, 74 FR 48237, (September 22,
2009);
• DoD Detainee Biometric
Information System, 72 FR 14534,
(March 28, 2007); and
• DoD/A0025–2a Defense Biometric
Identification Records System, 74 FR
17840, (April 17, 2009).
EXEMPTIONS CLAIMED FOR THE SYSTEM:

None.
Dated: October 5, 2016.
Jonathan R. Cantor,
Acting Chief Privacy Officer, Department of
Homeland Security.
[FR Doc. 2016–25195 Filed 10–18–16; 8:45 am]
BILLING CODE 9111–97–P

DEPARTMENT OF HOMELAND
SECURITY
Office of the Secretary

CONTESTING RECORD PROCEDURES:

See ‘‘Notification procedure’’ above.

sradovich on DSK3GMQ082PROD with NOTICES

RECORD SOURCE CATEGORIES:

DHS/USCIS obtains records from the
applicant, and his or her accredited
representative, preparer, or interpreter.
Other information sources include
family members, federal databases for
security screening checks, RSCs, the
DOS Refugee Processing Center,
resettlement agencies, international
organizations, and local sources at
overseas sites. DHS/USCIS personnel
may input information as they process
a case, including information from
internal and external sources to verify
whether a benefit requestor or family is
eligible for the refugee benefit
requested. Refugee Case Process and
Security Screening also stores and uses
information from the following USCIS,
DHS, and other federal agency systems
of records:
• DHS/USCIS/ICE/CBP–001 Alien
File, Index, and National File Tracking
System of Records, 78 FR 69864
(November 21, 2013);
• DHS/USCIS–002 Background Check
Service, 72 FR 31082 (June 5, 2007);
• DHS/USCIS–003 Biometric Storage
System, 72 FR 17172 (April 6, 2007);
• STATE–05, Overseas Citizen
Services Records (May 2, 2008);
• STATE–26, Passport Records, (Mar.
24, 2015)STATE–39, DOS Visa Opinion
Information Service (VOIS), 77 FR
65245, (Oct. 25, 2012);

VerDate Sep<11>2014

17:39 Oct 18, 2016

Jkt 241001

[Docket No. DHS–2016–0073]

Privacy Act of 1974; Department of
Homeland Security United States
Immigration Customs and
Enforcement—011 Criminal Arrest
Records and Immigration Enforcement
Records System of Records
Privacy Office, Department of
Homeland Security.
ACTION: Notice of Privacy Act System of
Records.
AGENCY:

In accordance with the
Privacy Act of 1974, the Department of
Homeland Security (DHS) proposes to
update, rename, and reissue a current
DHS system of records titled, ‘‘DHS//
U.S. Immigration and Customs
Enforcement (ICE)–011 Immigration and
Enforcement Operational Records
(ENFORCE)’’ system of records. DHS/
ICE collects, uses, and maintains
ENFORCE to support the identification,
apprehension, and removal of
individuals unlawfully entering or
present in the United States in violation
of the Immigration and Nationality Act,
including fugitive aliens. DHS/ICE also
uses ENFORCE to support the
identification and arrest of individuals
(both citizens and non-citizens) who
commit violations of federal criminal
laws enforced by DHS. This system of
records is being created from a
previously issued system of records,
DHS/ICE 011–Immigration and
Enforcement Operational Records
(ENFORCE). See 80 FR 24,269 (Apr. 30,
2015).

SUMMARY:

PO 00000

Frm 00046

Fmt 4703

Sfmt 4703

Submit comments on or before
November 18, 2016. This updated
system will be effective November 18,
2016.

DATES:

RECORD ACCESS PROCEDURES:

See ‘‘Notification procedure’’ above.

DHS/ICE is updating this system of
records to: Change the system of records
name to ‘‘DHS/ICE–011 Criminal Arrest
Records and Immigration Enforcement
Records (CARIER)’’ System of Records;
update and reorganize the categories of
individuals for clarity; expand the
categories of records to include
recordings of detainee telephone calls
and information about these calls, as
well as information related to detainees’
accounts for telephone or commissary
services in a detention facility; update
the system manager; clarify system
location; and add twenty-five routine
uses and modify twenty routine uses to
describe how the Department of
Homeland Security may share
information from this system.
Additionally, this notice includes nonsubstantive changes to simplify the
formatting and text of the previously
published notice.
This updated system will be included
in the Department of Homeland
Security’s inventory of record systems.

You may submit comments,
identified by docket number DHS–
2016–0073 by one of the following
methods:
• Federal e-Rulemaking Portal: http://
www.regulations.gov. Follow the
instructions for submitting comments.
• Fax: 202–343–4010.
• Mail: Jonathan R. Cantor, Acting
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, please visit http://
www.regulations.gov.

ADDRESSES:

For
general questions, please contact:
Amber Smith, (202–732–3300), Privacy
Officer, U.S. Immigration and Customs
Enforcement, 500 12th Street SW., Mail
Stop 5004, Washington, DC 20536. For
privacy questions, please contact:
Jonathan R. Cantor, (202–343–1717),
Acting Chief Privacy Officer, Privacy
Office, U.S. Department of Homeland
Security, Washington, DC 20528.

FOR FURTHER INFORMATION CONTACT:

SUPPLEMENTARY INFORMATION:

E:\FR\FM\19OCN1.SGM

19OCN1

Federal Register / Vol. 81, No. 202 / Wednesday, October 19, 2016 / Notices

sradovich on DSK3GMQ082PROD with NOTICES

I. Background
In accordance with the Privacy Act of
1974, 5 U.S.C. 552a, DHS/ICE is
updating, renaming, and reissuing a
DHS system of records now titled,
‘‘DHS/Immigration and Enforcement
(ICE)–011 Criminal Arrest Records and
Immigration Enforcement Records
(CARIER) System of Records.’’
The DHS/ICE update to CARIER
includes several changes. First, the
system of records is being renamed to
better align it with the purpose of the
system. This system of records covers
records documenting ICE’s criminal
arrests, and also those documenting
most of ICE’s immigration enforcement
actions, such as the issuance of
immigration detainers; the arrests,
charging, detention, and removal of
aliens for administrative immigration
violations; the search for and
apprehension of fugitive aliens; and ICE
decisions concerning the grant or denial
of parole to aliens. This system of
records is being created from a
previously issued system of records
named, DHS/ICE 011–Immigration and
Enforcement Operational Records
(ENFORCE), 80 FR 24,269 (Apr. 30,
2015).
Second, this update seeks to clarify
the types of individuals whose
information is contained in this system
of records. Some items in the category
of individuals section have been
reorganized and edited to more clearly
identify the individuals whose records
may be present in this system of
records.
Third, the categories of records
section has been expanded to provide a
more detailed and complete list of the
types of information contained in the
system of records. The new categories of
records added to the system of records
are domestic and foreign criminal
history information; information related
to detainees’ accounts for telephone or
commissary services in a detention
facility; and video recordings of
detainees. The CARIER system of
records also contains detainee
voiceprints used to verify identity when
a detainee is released under an
alternative to detention program, as well
as the actual audio recordings of
detainee ‘‘check-in’’ telephone calls.
Additionally, the CARIER system of
records contains recordings of detainee
telephone calls made from a detention
facility and information about these
calls such as the date, time, duration,
and telephone number called (Note:
Information for protected telephone
calls, such as calls with an attorney, is
not recorded).

VerDate Sep<11>2014

17:39 Oct 18, 2016

Jkt 241001

Fourth, the system location and
security classification have been
updated to indicate that certain records
may be replicated from ICE’s
Enforcement Integrated Database (EID)
and stored on both DHS unclassified
and classified networks to allow for
analysis and vetting consistent with
existing DHS/ICE authorities and
purposes and this published notice.
Fifth, the title of the system manager
has been updated.
Finally, DHS is proposing to add new
routine uses that would allow ICE to
share information from the CARIER
system of records with the specified
recipients for the specified purpose.
DHS is also proposing to delete several
routine uses and modify several others
to clarify their meaning and/or to
expand or limit the scope of the
information shared. Several of the
routine uses being added to or updated
in the CARIER SORN are the same
routine uses included in the Department
of Homeland Security/U.S. Customs and
Immigration Services (USCIS)/ICE/
Customs and Border Protection (CBP)001 Alien File, Index, and National File
Tracking (A-File) SORN. 78 FR. 69,864,
(Nov. 21, 2013). Although both SORNs
support the immigration enforcement
mission, they often contain different
information about aliens that may need
to be shared. Therefore, identical or
similar routine uses may be needed in
both SORNs to ensure that immigration
information can be shared as needed for
law enforcement and other authorized
purposes.
Below is a summary of the new
routine uses and their corresponding
letter:
(H) To prospective claimants and
their attorneys for the purpose of
negotiating the settlement of an actual
or prospective claim against DHS or its
current or former employees, in advance
of the initiation of formal litigation or
proceedings;
(J) To federal, state, local, tribal, or
territorial government agencies, or other
entities or individuals, or through
established liaison channels to selected
foreign governments, in order to provide
intelligence, counterintelligence, or
other information for the purposes of
national security, intelligence,
counterintelligence, or antiterrorism
activities authorized by U.S. law, E.O.,
or other applicable national security
directive;
(K) To federal and foreign government
intelligence or counterterrorism
agencies or components when DHS
becomes aware of an indication of a
threat or potential threat to national or
international security, or when such
disclosure is to support the conduct of

PO 00000

Frm 00047

Fmt 4703

Sfmt 4703

72081

national intelligence and security
investigations or to assist in antiterrorism efforts;
(P) To disclose information to the U.S.
Department of Justice (DOJ) Executive
Office of Immigration Review (EOIR)
and to the Board of Immigration
Appeals (the entities that adjudicate
immigration cases), to the extent
necessary to carry out their authorized
duties pertaining to the adjudication of
matters arising under the INA;
(DD) To DOJ and other law
enforcement or custodial agencies to
facilitate payments and reporting under
the State Criminal Alien Assistance
Program or similar programs;
(EE) To any law enforcement agency
or custodial agency (such as a jail or
prison) to serve that agency with notice
of an immigration detainer, or to update
or remove a previously issued
immigration detainer, for an individual
believed to be in that agency’s custody;
(MM) To courts, magistrates,
administrative tribunals, opposing
counsel, parties, and witnesses, in the
course of immigration, civil, or criminal
proceedings (including discovery,
presentation of evidence, and settlement
negotiations), and when DHS
determines that use of such records is
relevant and necessary to the litigation
before a court or adjudicative body
when any of the following is a party to
or have an interest in the litigation:
1. DHS or any component thereof;
2. Any employee of DHS in his/her
official capacity;
3. Any employee of DHS in his/her
individual capacity when DOJ or DHS
has agreed to represent the employee; or
4. The United States, when DHS
determines that litigation is likely to
affect DHS or any of its components.
(NN) To federal, state, local, tribal,
territorial, international, or foreign
government agencies or entities for the
purpose of consulting with that agency
or entity:
1. To assist in making a determination
regarding redress for an individual in
connection with the operations of a DHS
component or program;
2. To verify the identity of an
individual seeking redress in
connection with the operations of a DHS
component or program; or
3. To verify the accuracy of
information submitted by an individual
who has requested such redress on
behalf of another individual.
(OO) To federal, state, local, tribal,
territorial, or foreign governmental
agencies; multilateral governmental
organizations; or other public health
entities, for the purposes of protecting
the vital interests of a data subject or
other persons, including to assist such

E:\FR\FM\19OCN1.SGM

19OCN1

sradovich on DSK3GMQ082PROD with NOTICES

72082

Federal Register / Vol. 81, No. 202 / Wednesday, October 19, 2016 / Notices

agencies or organizations during an
epidemiological investigation, in
facilitating continuity of care, in
preventing exposure to or transmission
of a communicable or quarantinable
disease of public health significance, or
to combat other significant public health
threats.
(PP) To foreign governments for the
purpose of providing information about
their citizens or permanent residents, or
family members thereof, during local or
national disasters or health emergencies;
(QQ) To a coroner for purposes of
affirmatively identifying a deceased
individual (whether or not such
individual is deceased as a result of a
crime) or cause of death;
(RR) To a former employee of DHS for
purposes of responding to an official
inquiry by federal, state, local, tribal, or
territorial government agencies or
professional licensing authorities; or
facilitating communications with a
former employee that may be relevant
and necessary for personnel-related or
other official purposes, when DHS
requires information or consultation
assistance from the former employee
regarding a matter within that person’s
former area of responsibility;
(SS) To federal, state, local, tribal,
territorial, foreign, or international
agencies, if the information is relevant
and necessary to a requesting agency’s
decision concerning the hiring or
retention of an individual, or the
issuance, grant, renewal, suspension or
revocation 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;
(TT) To a public or professional
licensing organization when such
information indicates, either by itself or
in combination with other information,
a violation or potential violation of
professional standards, or reflects on the
moral, educational, or professional
qualifications of licensed professionals
or who those seeking to become
licensed professionals;
(UU) To an attorney or representative
(as defined in 8 CFR 1.2, 202.1,
1001.1(f), or 1202.12) who is acting on
behalf of an individual covered by this
system of records in connection with
any proceeding before U.S. Citizenship
and Immigration Services (USCIS), ICE,
U.S. Customs and Border Protection
(CBP), or the EOIR, as required by law
or as deemed necessary in the discretion
of the Department;

VerDate Sep<11>2014

17:39 Oct 18, 2016

Jkt 241001

(VV) To members of the public, with
regard to disclosure of limited detainee
biographical information for the
purpose of facilitating the deposit of
monies into detainees’ accounts for
telephone or commissary services in a
detention facility;
(WW) To federal, state, local, tribal, or
territorial government agencies seeking
to verify or ascertain the citizenship or
immigration status of any individual
within the jurisdiction of the agency for
any purpose authorized by law;
(XX) To DOJ or other federal agency
conducting litigation or in proceedings
before any court, adjudicative or
administrative body, when necessary to
assist in the development of such
agency’s legal and/or policy position;
(YY) To federal, state, local, tribal,
and territorial courts or government
agencies involved in criminal
investigation or prosecution, pre-trial,
sentencing, parole, probation, bail
bonds, or any other aspect of the
criminal justice process, and to defense
counsel representing an individual in a
domestic criminal proceeding, in order
to ensure the integrity and efficiency of
the criminal justice system by informing
these recipients of the existence of an
immigration detainer or the individual’s
status in removal proceedings,
including removal or custodial status/
location. Disclosure of the individual’s
Alien Registration Number (A-Number)
and country of birth is also authorized
to facilitate these recipients’ use of the
ICE Online Detainee Locator System for
the purposes listed above;
(ZZ) To a foreign government to notify
it concerning its citizens or residents
who are incapacitated, an
unaccompanied minor, or deceased;
(AAA) To family members, guardians,
committees, friends, or other agents
identified by law or regulation to
receive notification, decisions, and
other papers as provided in 8 CFR 103.8
from DHS or EOIR following verification
of a familial or agency relationship with
an alien when DHS is aware of indicia
of incompetency or when an alien has
been determined to be mentally
incompetent by an immigration judge;
(BBB) To an organization or person in
either the public or private sector, either
foreign or domestic, when there is a
reason to believe that the recipient is or
could become the target of a particular
terrorist activity or conspiracy, or when
the information is relevant to the
protection of life, property, or other vital
interests of a person.
(CCC) To clerks and judges of courts
exercising naturalization jurisdiction for
the purpose of granting or revoking
naturalization.

PO 00000

Frm 00048

Fmt 4703

Sfmt 4703

(DDD) To federal, state, local, tribal,
territorial, foreign, or international
agencies, after discovery of such
information, if DHS determines: (1) The
information is relevant and necessary to
that agency’s decision concerning the
hiring or retention of an individual, or
issuance of a security clearance, license,
contract, grant, or other benefit; and (2)
Failure to disclose the information is
likely to create a substantial risk to
government facilities, equipment or
personnel; sensitive information; critical
infrastructure; or public safety.
Below is a summary of the routine
uses that are proposed to be modified or
deleted, and their corresponding letter:
(A) Expanded scope to include
sharing with the Offices of the United
States Attorneys. Also removed sharing
with a court, magistrate, administrative
tribunal, opposing counsel, parties, and
witnesses because routine use LL now
permits sharing with these recipients.
(C) Updated to note that records will
be provided specifically to the General
Services Administration rather than to
other Federal Government agencies.
(D) Updated to clarify that records
will not be given to individuals, but to
agencies or organizations performing the
audit.
(E) Updated to add the risk of identity
theft or fraud, and harm to economic or
property interests as additional risks
that DHS may determine may be a result
of the suspected or confirmed
compromise.
Routine use H in the previous version
of the SORN, which authorized
disclosure during court proceedings, has
been removed and replaced by new
routine use MM. The new routine use
contains improved wording that is
clearer about when disclosures may be
made under these circumstances.
(I) Updated to enable DHS to share
information when it deems that such
disclosure is necessary to carry out its
functions and statutory mandates.
(J) Former routine uses J and K have
been removed and the sharing they
permitted is now combined into one
routine use that authorizes disclosure
for the purposes of national security,
intelligence, counterintelligence, or
antiterrorism activities.
Routine use L in the previous version
of the SORN has been removed and
replaced by a new routine use K
permitting sharing with federal and
foreign government intelligence or
counterterrorism agencies or
components in support of national
intelligence and security investigations
or to assist in anti-terrorism efforts.
(N) Updated to clarify that in
disclosing custodial location to family
members, attorneys, and other agents

E:\FR\FM\19OCN1.SGM

19OCN1

sradovich on DSK3GMQ082PROD with NOTICES

Federal Register / Vol. 81, No. 202 / Wednesday, October 19, 2016 / Notices
acting on the behalf of an alien, the
agency may also disclose if the alien
was released from ICE custody and/or
transferred to the custody of another
agency. This authority was implied but
not expressly stated in the previous
version of routine use N. Also modified
to clarify that disclosure is authorized to
attorneys representing the alien in any
legal proceeding, not only immigration
proceedings.
(O) Updated to clarify that
information can be shared for other
purposes or activities within the scope
of the EOIR contract.
(R) (previously routine use Q)
Expanded scope to include sharing with
domestic courts and to clarify agencies
collecting the repayment of loans, or
fraudulently or erroneously secured
benefits.
(V) (previously routine use U)
Expanded scope to include prosecutions
and/or other law enforcement actions.
(W) (previously routine use V)
Expanded scope to include sharing with
federal, state, local, tribal, or territorial
law enforcement or correctional
agencies concerning individuals in ICE
custody that are to be transferred to
such agency’s custody, in order to
coordinate the transportation, custody,
and care of the individuals.
(X) (previously routine use W)
Expanded scope to include sharing in
order to arrange other social services.
(Y) (previously routine use X)
Updated to replace ICE with DHS.
(BB) (previously routine use CC)
Expanded the sharing of custodial
information to witnesses and
individuals with a legal responsibility to
act on behalf of or acting at the request
of a victim or witness, as well as
external victim notification systems.
(CC) (previously routine use Y) Scope
is narrowed to exclude sharing in order
to place an immigration detainer on an
individual. Sharing in order to place a
detainer is now covered by routine use
DD. Additionally, this routine use
previously was used when ICE was
transferring an individual to another
agency. It has been expanded to allow
sharing during the course of transfer of
custody of an individual either to or
from ICE’s custody.
(HH) (previously routine use BB)
Expanded scope to include sharing with
the attorney or guardian ad litem of an
individual’s child for purposes of
allowing the attorney/guardian to
identify the location or status of the
individual.
(KK) (previously routine use FF)
Expanded scope to include sharing with
territorial government agencies or
entities or multinational governmental
agencies. It also expands the purposes of

VerDate Sep<11>2014

17:39 Oct 18, 2016

Jkt 241001

the sharing to developing and
implementing new software or
technology when the purpose of the
software or technology is related to this
system of records.
(LL) (previously routine use GG)
Former routine use GG has been
removed and the sharing it permitted is
now contained in two new routine uses
to improve clarity: Routine use LL
permitting the disclosure of information
via the ICE Online Detainee Locator
System or any successor system, and
routine use VV permitting the
disclosure of information to facilitate
the deposit of monies into detainees’
accounts for telephone or commissary
services in a detention facility.
Finally, there have been changes
regarding the retention period for some
records. Retention periods have been
added for records concerning paroled
aliens and fugitive aliens maintained in
certain ICE information systems. Also,
the fingerprints and photographs
collected using the booking application
EID Arrest Guide for Law Enforcement
(EAGLE), previously known as Mobile
IDENT, originally were stored for up to
seven (7) days in the cache of an
encrypted Government laptop or other
IT device. Now they are stored for up to
fifty (50) days.
Consistent with DHS’s information
sharing mission, information stored in
the DHS/ICE–011 Criminal Arrest
Records and Immigration Enforcement
Records may be shared with other DHS
Components that have a need to know
the information to carry out their
national security, law enforcement,
immigration, intelligence, or other
homeland security functions. In
addition, DHS/ICE may share
information with appropriate federal,
state, local, tribal, territorial, foreign, or
international government agencies
consistent with the routine uses set
forth in this system of records notice.
This updated system will be included
in DHS’s inventory of record systems.
II. Privacy Act
The Privacy Act embodies fair
information principles in a statutory
framework governing the means by
which Federal Government agencies
collect, maintain, use, and disseminate
individuals’ records. The Privacy Act
applies to information that is
maintained in a ‘‘system of records.’’ A
‘‘system of records’’ is a group of any
records under the control of an agency
from which information is retrieved by
the name of an individual or by some
identifying number, symbol, or other
identifying particular assigned to the
individual. In the Privacy Act, an
individual is defined to encompass U.S.

PO 00000

Frm 00049

Fmt 4703

Sfmt 4703

72083

citizens and lawful permanent
residents. As a matter of policy, DHS
extends administrative Privacy Act
protections to all individuals when
systems of records maintain information
on U.S. citizens, lawful permanent
residents, and visitors.
Below is the description of the DHS/
ICE–011 Criminal Arrest Records and
Immigration Enforcement Records
(CARIER) 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

Department of Homeland Security
(DHS)/U.S. Immigration and
Enforcement Operations (ICE)–011
SYSTEM NAME:

DHS/ICE–011 Criminal Arrest
Records and Immigration Enforcement
Records
SECURITY CLASSIFICATION:

Unclassified; Controlled Unclassified
Information (CUI). The data may be
retained on the classified networks, but
this does not change the nature and
character of the data until it is combined
with classified information.
SYSTEM LOCATION:

Records are maintained at DHS/ICE
information technology (IT) systems
(e.g., the EID and the various ICE
applications associated with it, Parole
Case Tracking System (PCTS), Online
Detainee Locator System (ODLS),
Electronic Travel Document (eTD)
System, the contractor-owned IT system
supporting ICE’s Alternatives to
Detention (ATD) program) and
associated electronic and paper files
located at ICE Headquarters in
Washington, DC, ICE field and attache´
offices, contractor offices, and detention
facilities operated by or on behalf of
ICE, or that otherwise house individuals
arrested or detained by ICE. Records are
replicated from the operational DHS/ICE
IT systems and maintained on DHS
unclassified and classified networks
used for analysis and vetting.
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:

Categories of individuals covered by
this system include (1) individuals
arrested, detained, or removed from the
United States for criminal or
administrative violations of the
Immigration and Nationality Act, or
individuals issued a Notice to Appear in
immigration court; (2) individuals who
are the subject of an immigration
detainer issued to another law

E:\FR\FM\19OCN1.SGM

19OCN1

72084

Federal Register / Vol. 81, No. 202 / Wednesday, October 19, 2016 / Notices

enforcement or custodial agency; (3)
individuals arrested by ICE for
violations of criminal laws enforced by
ICE or DHS; (4) individuals who fail to
leave the United States after receiving a
final order of removal, deportation, or
exclusion, or who fail to report to ICE
for removal after receiving notice to do
so (fugitive aliens); (5) individuals who
illegally re-enter the United States after
departing pursuant to an order of
voluntary departure or being removed
from the United States (illegal reentrants); (6) individuals who request to
be removed at their own expense or are
eligible for voluntary removal from the
United States pursuant to sec. 250 of the
Immigration and Nationality Act; (7)
individuals who are granted parole into
the United States under sec. 212(d)(5) of
the Immigration and Nationality Act
(parolees); (8) attorneys or
representatives who represent
individuals listed in the categories
above; (9) other individuals whose
information may be collected or
obtained during the course of an
immigration enforcement or criminal
matter, such as witnesses, associates,
and relatives; (10) persons who post or
arrange bond for the release of an
individual from ICE detention, or
receive custodial property of a detained
alien; and (11) prisoners of the U.S.
Marshals Service held in ICE detention
facilities.

sradovich on DSK3GMQ082PROD with NOTICES

CATEGORIES OF RECORDS IN THE SYSTEM:

Biographic, biometric, descriptive,
historical, and other identifying data,
including:
• Full Name;
• Alias(es);
• A-Number;
• Social Security number (SSN);
• Date of birth;
• Place of birth;
• Nationality;
• Fingerprint Identification Number
(FIN);
• Federal Bureau of Investigation
(FBI) number;
• Other unique identifying numbers
(e.g., federal, state, local and tribal
identification numbers);
• Government-issued identification
(e.g., passport, drivers’ license):
Æ Document type;
Æ Issuing organization;
Æ Document number;
Æ Expiration date;
• Visa information;
• Contact or location information
(e.g., known or possible addresses,
phone numbers);
• Employment history;
• Education history;
• Immigration history (e.g.,
citizenship/naturalization certificate
number, removals, explanations);

VerDate Sep<11>2014

17:39 Oct 18, 2016

Jkt 241001

• Domestic and foreign criminal
history (e.g., arrest, charges,
dispositions, and sentencing,
corresponding dates, jurisdictions);
• Physical Description (e.g., height,
weight, eye color, hair color, race,
ethnicity, identifying marks like scars,
tattoos, or birthmarks);
• Biometric (i.e., fingerprints,
voiceprints, iris images, photographs,
and DNA samples). DNA samples
required by DOJ regulation (see 28 CFR
part 28) are collected and sent to the
FBI. DNA samples are not retained or
analyzed by DHS; and
• Information pertaining to ICE’s
collection of DNA samples, limited to
the date and time of a successful
collection and confirmation from the
FBI that the sample was able to be
sequenced. ICE does not receive or
maintain the results of the FBI’s DNA
analysis (i.e., DNA sequences).
Case-related data:
• Case number;
• Record number;
• Case category;
• Charges brought and disposition;
• Case agent;
• Data initiated and completed; and
• Other data describing an event
involving alleged violations of criminal
or immigration law (i.e., location; date;
time; type of criminal or immigration
law violations alleged; type of property
involved; use of violence, weapons, or
assault against DHS personnel or third
parties; attempted escape; and other
related information).
Information presented to or collected
by ICE during immigration and law
enforcement proceedings or activities:
• Date of birth;
• Place of birth;
• Marital status;
• Education history;
• Employment history;
• Travel history; and
• Other information derived from
affidavits, certificates, manifests, and
other documents. This data typically
pertains to subjects, relatives, associates,
and witnesses.
Detention data on aliens:
• Immigration detainers issued;
• Transportation information;
• Detention-related identification
numbers;
• Detention facility;
• Security, risk, and custody
classification;
• Custody recommendation;
• Flight risk indication;
• Book-in/book-out date and time;
• Mandatory detention and criminal
flags;
• Aggravated felon status;
• Other alerts;
• Information about an alien’s release
from custody on bond, recognizance, or
supervision;

PO 00000

Frm 00050

Fmt 4703

Sfmt 4703

• Information related to prosecutorial
discretion determinations;
• Property inventory and receipt;
• Information related to disciplinary
issues or grievances;
• Documents and video recordings
related to alleged misconduct and other
incidents involving detainees; and
• Other detention-related information
(e.g., documentation of an allegation of
sexual abuse or assault, documentation
of strip and body cavity searches,
documentation of reasons for
segregation or other housing placement,
documentation of participation in the
orientation process).
Detention data for U.S. Marshals
Service prisoners:
• Full Name;
• Date of birth;
• Country of birth;
• Identification numbers (e.g.,
detainee, FBI, state);
• Book-in/book-out date and time;
and
• Security classification.
Limited health information relevant to
an individual’s placement in an ICE
detention facility or transportation
requirements:
• Medical alerts or general
information on physical disabilities or
other special needs or vulnerabilities to
facilitate placement in a facility or bed
that best accommodates these needs.
Medical records about individuals in
ICE custody (i.e., records relating to the
diagnosis or treatment of individuals)
are maintained in DHS/ICE—013 Alien
Medical Records System of Records.
Progress, status, and final result of
removal, prosecution, and other DHS
processes and related appeals:
• Information relating to criminal
convictions;
• Incarceration;
• Travel documents; and
• Other information pertaining to the
actual removal of aliens from the United
States.
Contact, biographical, and identifying
data about Relatives, Attorneys or
Representatives, Associates or Witnesses
of an alien in proceedings initiated or
conducted by DHS may include:
• Full Name;
• Date of birth;
• Place of birth; and
• Contact or location information
(e.g., addresses, phone numbers,
business, or agency name).
Data concerning personnel of other
agencies that arrested, or assisted or
participated in the arrest or
investigation of, or are maintaining
custody of an individual whose arrest
record is contained in this system of
records may include:
• Full Name;

E:\FR\FM\19OCN1.SGM

19OCN1

Federal Register / Vol. 81, No. 202 / Wednesday, October 19, 2016 / Notices
• Title;
• Contact or location information
(e.g., addresses, phone numbers,
business, or agency name); and
• Other information.
Data about persons who post or
arrange an immigration bond for the
release of an individual from ICE
custody, or receive custodial property of
an individual in ICE custody may
include:
• Full Name;
• Address;
• Phone numbers;
• SSN; and
• Other information.
Recordings of detainee telephone calls
when responding as part of an
alternative to detention program or of
detainee calls made in detention
facilities. Information about these calls
may include:
• Date;
• Time;
• Duration; and
• Phone number called. (Note:
Protected telephone calls, such as calls
with an attorney, are not recorded and
information about protected telephone
calls is not retained.)
Information related to detainees’
accounts for telephone or commissary
services in a detention facility.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:

Authority for maintain this system is
in 8 U.S.C. 1103, 1225, 1226, 1324,
1357, 1360, and 1365(a)(b); Title 18,
United States Code, Chapters 27, 77, 85,
95, 109A, 110, 113, and 117; Title 31,
United States Code, Chapter 53,
Subchapter II; Title 50 Appendix,
United States Code; The Tariff Act of
1930; Justice for All Act of 2004 (Pub.
L. 108–405); DNA Fingerprint Act of
2005 (Pub. L. 109–162); Adam Walsh
Child Protection and Safety Act of 2006
(Pub. L. 109–248); and 28 CFR part 28,
‘‘DNA-Sample Collection and Biological
Evidence Preservation in the Federal
Jurisdiction;’’ DHS Delegation Number
7030.2, Delegation of Authority to the
Assistant Secretary for the Bureau of
Immigration and Customs Enforcement
and the Reorganization Plan
Modification for the Department of
Homeland Security (January 30, 2003).

sradovich on DSK3GMQ082PROD with NOTICES

PURPOSE(S):

The purposes of this system are:
1. To support the identification,
arrest, charging, detention, and removal
of individuals unlawfully entering or
present in the United States in violation
of the Immigration and Nationality Act,
including fugitive aliens and illegal reentrants.
2. To support the identification and
arrest of individuals (both citizens and

VerDate Sep<11>2014

17:39 Oct 18, 2016

Jkt 241001

non-citizens) who commit violations of
criminal laws enforced by ICE or DHS.
3. To track the process and results of
administrative and criminal proceedings
against individuals who are alleged to
have violated the Immigration and
Nationality Act or other laws enforced
by DHS.
4. To support the grant or denial of
parole, and tracking of individuals who
seek or receive parole into the United
States.
5. To provide criminal and
immigration history information during
DHS enforcement encounters, and to
support background checks on
applicants for DHS immigration benefits
(e.g., employment authorization and
petitions).
6. To identify potential criminal
activity, immigration violations, and
threats to homeland security; to uphold
and enforce the law; and to ensure
public safety.
ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES OF USERS AND
THE PURPOSES OF SUCH USES:

In addition to those disclosures
generally permitted under 5 U.S.C.
552a(b) of the Privacy Act, all or a
portion of the records or information
contained in this system may be
disclosed outside DHS as a routine use
pursuant to 5 U.S.C. 552a(b)(3) as
follows:
A. To the Department of Justice (DOJ),
including Offices of the United States
Attorneys, or other federal agency
conducting litigation or in proceedings
before any court, adjudicative, or
administrative body, when it is relevant
or 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 or former employee
of DHS in his/her official capacity;
3. Any employee or former employee
of DHS in his/her individual capacity
when DOJ or DHS has agreed to
represent the employee; or
4. The United States or any agency
thereof.
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 (NARA) or
General Services Administration
pursuant to records management
inspections being conducted under the
authority of 44 U.S.C. 2904 and 2906.
D. To an agency or organization for
the purpose of performing audit or
oversight operations as authorized by
law, but only such information as is

PO 00000

Frm 00051

Fmt 4703

Sfmt 4703

72085

necessary and relevant to such audit or
oversight function.
E. To appropriate agencies, entities,
and persons when:
1. DHS suspects or has confirmed that
the security or confidentiality of
information in the system of records has
been compromised;
2. DHS has determined that as a result
of the suspected or confirmed
compromise, there is a risk of identity
theft or fraud, harm to economic or
property interests, harm to an
individual, or harm to the security or
integrity of this system or other systems
or programs (whether maintained by
DHS or another agency or entity) that
rely upon the compromised
information; and
3. The disclosure made to such
agencies, entities, and persons is
reasonably necessary to assist in
connection with DHS’ 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,
local, tribal, territorial, international, or
foreign law enforcement agency or other
appropriate authority charged with
investigating or prosecuting a violation,
enforcing, or implementing a law, rule,
regulation, or order, when 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 prospective claimants and their
attorneys for the purpose of negotiating
the settlement of an actual or
prospective claim against DHS or its
current or former employees, in advance
of the initiation of formal litigation or
proceedings.
I. To federal, state, local, tribal,
territorial, or foreign government
agencies, as well as to other individuals
and organizations during the course of
an investigation by DHS or the
processing of a matter under DHS’s
jurisdiction, or during a proceeding
within the purview of immigration and
nationality laws, when DHS deems that

E:\FR\FM\19OCN1.SGM

19OCN1

sradovich on DSK3GMQ082PROD with NOTICES

72086

Federal Register / Vol. 81, No. 202 / Wednesday, October 19, 2016 / Notices

such disclosure is necessary to carry out
its functions and statutory mandates or
to elicit information required by DHS to
carry out its functions and statutory
mandates.
J. To federal, state, local, tribal, or
territorial government agencies, or other
entities or individuals, or through
established liaison channels to selected
foreign governments, in order to provide
intelligence, counterintelligence, or
other information for the purposes of
national security, intelligence,
counterintelligence, or antiterrorism
activities authorized by U.S. law, E.O.,
or other applicable national security
directive.
K. To federal and foreign government
intelligence or counterterrorism
agencies or components when DHS
becomes aware of an indication of a
threat or potential threat to national or
international security, or when such
disclosure is to support the conduct of
national intelligence and security
investigations or to assist in antiterrorism efforts.
L. To any federal agency to enable
such agency to make determinations
regarding the payment of federal
benefits to the record subject in
accordance with that agency’s statutory
responsibilities.
M. To foreign governments for the
purpose of coordinating and conducting
the removal of aliens from the United
States to other nations under the
Immigration and Nationality Act (INA);
and to international, foreign,
intergovernmental, and multinational
agencies, authorities, and organizations
in accordance with law and formal or
informal international arrangements.
N. To family members and attorneys
or other agents acting on behalf of an
alien in immigration or other legal
proceedings, to assist those individuals
in determining whether: (1) The alien
has been arrested by DHS for
immigration violations; (2) the location
of the alien if in DHS custody; or (3) the
alien has been removed from the United
States, released from DHS custody, or
transferred to the custody of another
agency, provided however, that the
requesting individuals are able to verify
the alien’s date of birth or A-Number, or
can otherwise present adequate
verification of a familial or agency
relationship with the alien, such as a
Form G–514 or other proof of
representation in a legal proceeding
(e.g., notice of appearance, court
appointment).
O. To the DOJ Executive Office of
Immigration Review (EOIR) or its
contractors, consultants, or others
performing or working on a contract for
EOIR, for the purpose of providing

VerDate Sep<11>2014

17:39 Oct 18, 2016

Jkt 241001

information about aliens who are or may
be placed in removal proceedings so
that EOIR may arrange for the provision
of educational services to those aliens
under EOIR’s Legal Orientation
Program, or for other purposes or
activities within the scope of the EOIR
contract.
P. To disclose information to the DOJ
EOIR and to the Board of Immigration
Appeals, to the extent necessary to carry
out their authorized duties pertaining to
the adjudication of matters arising
under the INA.
Q. To attorneys or legal
representatives for the purpose of
facilitating group presentations to aliens
in detention that will provide the aliens
with information about their rights
under U.S. immigration law and
procedures.
R. To federal, state, tribal, territorial,
or local government agencies or
domestic courts to assist such agencies
in collecting the repayment of loans, or
fraudulently or erroneously secured
benefits, grants, or other debts owed to
them or to the United States
Government, or to obtain information
that may assist DHS in collecting debts
owed to the United States Government.
S. To the Department of State in the
processing of petitions or applications
for benefits under the Immigration and
Nationality Act, and all other
immigration and nationality laws
including treaties and reciprocal
agreements; or when the Department of
State requires information to consider 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.
T. 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.
U. 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.
V. To federal, state, local, territorial,
tribal, international, or foreign criminal,
civil, or regulatory law enforcement
authorities when the information is
necessary for collaboration,
coordination and de-confliction of
investigative matters, prosecutions, and/
or other law enforcement actions to
avoid duplicative or disruptive efforts
and to ensure the safety of law

PO 00000

Frm 00052

Fmt 4703

Sfmt 4703

enforcement officers who may be
working on related law enforcement
matters.
W. To the U.S. Marshals Service
(USMS) concerning USMS prisoners
that are or will be held in detention
facilities operated by or on behalf of
ICE, and to federal, state, local, tribal, or
territorial law enforcement or
correctional agencies concerning
individuals in DHS custody that are to
be transferred to such agency’s custody,
in order to coordinate the
transportation, custody, and care of
these individuals.
X. To third parties to facilitate
placement or release of an individual
(e.g., at a group home, homeless shelter)
who has been or is about to be released
from DHS custody but only such
information that is relevant and
necessary to arrange housing,
continuing medical care, or other social
services for the individual.
Y. To a domestic government agency
or other appropriate authority for the
purpose of providing information about
an individual who has been or is about
to be released from DHS custody who,
due to a condition such as mental
illness, may pose a health or safety risk
to himself/herself or to the community.
DHS will only disclose information
about the individual that is relevant to
the health or safety risk they may pose
and/or the means to mitigate that risk
(e.g., the individual’s need to remain on
certain medication for a serious mental
health condition).
Z. To a domestic law enforcement
agency or other agency operating a sex
offender registry for the purpose of
providing notice of an individual’s
release from DHS custody or removal
from the United States, when the
individual is required to register as a sex
offender, in order to assist those
agencies in updating sex offender
registries and otherwise carrying out the
sex offender registration requirements
within their jurisdictions.
AA. To a domestic law enforcement
agency for the purpose of providing
notice of an individual’s release from
DHS custody or removal from the
United States, when the individual has
a conviction(s) for a violent or serious
crime(s) and the agency receiving the
notification has an interest in the
individual due to: (1) A pending
investigation or prosecution, (2) parole
or other forms of supervision, or (3) the
individual’s intended residence or
location of release falling within the
agency’s jurisdiction.
BB. To victims and witnesses
regarding custodial information, such as
transfer to another custodial agency or
location, release on bond, order of

E:\FR\FM\19OCN1.SGM

19OCN1

sradovich on DSK3GMQ082PROD with NOTICES

Federal Register / Vol. 81, No. 202 / Wednesday, October 19, 2016 / Notices
supervision, removal from the United
States, or death in custody, about an
individual who is the subject of a
criminal or immigration investigation,
proceeding, or prosecution. This would
also authorize disclosure of custodial
information to individuals with a legal
responsibility to act on behalf of a
victim or witness (e.g., attorney, parent,
legal guardian) and individuals acting at
the request of a victim or witness; as
well as external victim notification
systems that make such information
available to victims and witnesses in
electronic form.
CC. To the Federal Bureau of Prisons
(BOP) and other federal, state, local,
territorial, tribal, and foreign law
enforcement or custodial agencies for
the purpose of facilitating the transfer of
custody of an individual to or from that
agency. This will include the transfer of
information about unaccompanied
minor children to the U.S. Department
of Health and Human Services (HHS) to
facilitate the custodial transfer of such
children from DHS to HHS.
DD. To DOJ and other law
enforcement or custodial agencies to
facilitate payments and reporting under
the State Criminal Alien Assistance
Program or similar programs.
EE. To any law enforcement agency or
custodial agency (such as a jail or
prison) to serve that agency with notice
of an immigration detainer, or to update
or remove a previously issued
immigration detainer, for an individual
who is believed to be in that agency’s
custody.
FF. To DOJ, disclosure of DNA
samples and related information as
required by 28 CFR part 28.
GG. To DOJ, disclosure of arrest and
removal information for inclusion in
relevant DOJ law enforcement databases
and for use in the enforcement of federal
firearms laws (e.g., Brady Handgun
Violence Prevention Act, as amended by
the NICS Improvement Amendments
Act).
HH. To the attorney or guardian ad
litem of an individual’s child, or to
federal, state, local, tribal, territorial, or
foreign governmental or quasigovernmental agencies or courts, to
confirm the location, custodial status,
removal, or voluntary departure of an
individual from the United States, in
order to facilitate the recipients’
exercise of responsibilities pertaining to
the custody, care, or legal rights
(including issuance of a U.S. passport)
of the individual’s children, or the
adjudication or collection of child
support payments or other similar debts
owed by the individual.
II. To any person or entity to the
extent necessary to prevent immediate

VerDate Sep<11>2014

17:39 Oct 18, 2016

Jkt 241001

loss of life or serious bodily injury, such
as disclosure of custodial release
information to witnesses who have
received threats from individuals in
custody.
JJ. To an individual or entity seeking
to post or arrange, or who has already
posted or arranged, an immigration
bond for an alien to aid the individual
or entity in (1) identifying the location
of the alien; (2) posting the bond; (3)
obtaining payments related to the bond;
or (4) conducting other administrative
or financial management activities
related to the bond.
KK. To federal, state, local, tribal,
territorial, or foreign government
agencies or entities or multinational
governmental agencies when DHS
desires to exchange relevant data for the
purpose of developing, testing, or
implementing new software or
technology whose purpose is related to
this system of records.
LL. Limited detainee biographical
information will be publicly disclosed
via the ICE Online Detainee Locator
System or any successor system for the
purpose of identifying whether a
detainee is in ICE custody and the
custodial location.
MM. To courts, magistrates,
administrative tribunals, opposing
counsel, parties, and witnesses, in the
course of immigration, civil, or criminal
proceedings (including discovery,
presentation of evidence, and settlement
negotiations) and when DHS determines
that use of such records is relevant and
necessary to the litigation before a court
or adjudicative body when any of the
following is a party to or have an
interest in the litigation:
1. DHS or any component thereof;
2. Any employee of DHS in his/her
official capacity;
3. Any employee of DHS in his/her
individual capacity when DOJ or DHS
has agreed to represent the employee; or
4. The United States, when DHS
determines that litigation is likely to
affect DHS or any of its components.
NN. To federal, state, local, tribal,
territorial, international, or foreign
government agencies or entities for the
purpose of consulting with that agency
or entity:
1. To assist in making a determination
regarding redress for an individual in
connection with the operations of a DHS
component or program;
2. To verify the identity of an
individual seeking redress in
connection with the operations of a DHS
component or program; or
3. To verify the accuracy of
information submitted by an individual
who has requested such redress on
behalf of another individual.

PO 00000

Frm 00053

Fmt 4703

Sfmt 4703

72087

OO. To federal, state, local, tribal,
territorial, or foreign governmental
agencies; multilateral governmental
organizations; or other public health
entities, for the purposes of protecting
the vital interests of a data subject or
other persons, including to assist such
agencies or organizations during an
epidemiological investigation, in
facilitating continuity of care, in
preventing exposure to or transmission
of a communicable or quarantinable
disease of public health significance, or
to combat other significant public health
threats.
PP. To foreign governments for the
purpose of providing information about
their citizens or permanent residents, or
family members thereof, during local or
national disasters or health emergencies.
QQ. To a coroner for purposes of
affirmatively identifying a deceased
individual (whether or not such
individual is deceased as a result of a
crime) or cause of death.
RR. To a former employee of DHS for
purposes of responding to an official
inquiry by federal, state, local, tribal, or
territorial government agencies or
professional licensing authorities; or
facilitating communications with a
former employee that may be relevant
and necessary for personnel-related or
other official purposes, when DHS
requires information or consultation
assistance from the former employee
regarding a matter within that person’s
former area of responsibility.
SS. To federal, state, local, tribal,
territorial, foreign, or international
agencies, if the information is relevant
and necessary to a requesting agency’s
decision concerning the hiring or
retention of an individual, or the
issuance, grant, renewal, suspension or
revocation 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.
TT. To a public or professional
licensing organization when such
information indicates, either by itself or
in combination with other information,
a violation or potential violation of
professional standards, or reflects on the
moral, educational, or professional
qualifications of licensed professionals
or those seeking to become licensed
professionals.
UU. To an attorney or representative
(as defined in 8 CFR 1.2, 202.1,
1001.1(f), or 1202.12) who is acting on
behalf of an individual covered by this

E:\FR\FM\19OCN1.SGM

19OCN1

sradovich on DSK3GMQ082PROD with NOTICES

72088

Federal Register / Vol. 81, No. 202 / Wednesday, October 19, 2016 / Notices

system of records in connection with
any proceeding before U.S. Citizenship
and Immigration Services (USCIS), ICE,
U.S. Customs and Border Protection
(CBP), or the EOIR, as required by law
or as deemed necessary in the discretion
of the Department.
VV. To members of the public, with
regard to disclosure of limited detainee
biographical information for the
purpose of facilitating the deposit of
monies into detainees’ accounts for
telephone or commissary services in a
detention facility.
WW. To federal, state, local, tribal, or
territorial government agencies seeking
to verify or ascertain the citizenship or
immigration status of any individual
within the jurisdiction of the agency for
any purpose authorized by law.
XX. To the Department of Justice
(including Offices of the United States
Attorneys) or other federal agency
conducting litigation or in proceedings
before any court, adjudicative, or
administrative body, when necessary to
assist in the development of such
agency’s legal and/or policy position.
YY. To federal, state, local, tribal, and
territorial courts or government agencies
involved in criminal investigation or
prosecution, pre-trial, sentencing,
parole, probation, bail bonds, or any
other aspect of the criminal justice
process, and to defense counsel
representing an individual in a domestic
criminal proceeding, in order to ensure
the integrity and efficiency of the
criminal justice system by informing
these recipients of the existence of an
immigration detainer or the individual’s
status in removal proceedings,
including removal or custodial status/
location. Disclosure of the individual’s
A-Number and country of birth is also
authorized to facilitate these recipients’
use of the ICE Online Detainee Locator
System for the purposes listed above.
ZZ. To a foreign government to notify
it concerning its citizens or residents
who are incapacitated, an
unaccompanied minor, or deceased.
AAA. To family members, guardians,
committees, friends, or other agents
identified by law or regulation to
receive notification, decisions, and
other papers as provided in 8 CFR 103.8
from the Department of Homeland
Security or Executive Office for
Immigration Review following
verification of a familial or agency
relationship with an alien when DHS is
aware of indicia of incompetency or
when an alien has been determined to
be mentally incompetent by an
immigration judge.
BBB. To an organization or person in
either the public or private sector, either
foreign or domestic, when there is a

VerDate Sep<11>2014

17:39 Oct 18, 2016

Jkt 241001

reason to believe that the recipient is or
could become the target of a particular
terrorist activity or conspiracy, or when
the information is relevant to the
protection of life, property, or other vital
interests of a person.
CCC. To clerks and judges of courts
exercising naturalization jurisdiction for
the purpose of granting or revoking
naturalization.
DDD. To federal, state, local, tribal,
territorial, foreign, or international
agencies, after discovery of such
information, if DHS determines: (1) The
information is relevant and necessary to
that agency’s decision concerning the
hiring or retention of an individual, or
issuance of a security clearance, license,
contract, grant, or other benefit; and (2)
Failure to disclose the information is
likely to create a substantial risk to
government facilities, equipment, or
personnel; sensitive information; critical
infrastructure; or public safety.
EEE. To the news media and the
public, with the approval of the Chief
Privacy Officer in consultation with
counsel, when there exists a legitimate
public interest in the disclosure of the
information, when disclosure is
necessary to preserve confidence in the
integrity of DHS, or when disclosure is
necessary to demonstrate the
accountability of DHS’s officers,
employees, or individuals covered by
the system, except to the extent the
Chief Privacy Officer determines 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:

ICE may store information in case file
folders, cabinets, safes, or a variety of
electronic or computer databases and
storage media.
RETRIEVABILITY:

ICE may retrieve records by name,
biometric identifiers, identification
numbers including, but not limited to,
A-Number, fingerprint identification
number, SSN, case or record number if
applicable, case related data, or a
combination of other personal
identifiers including, but not limited to,
date of birth, and nationality.
SAFEGUARDS:

ICE safeguards records in this system
in accordance with applicable rules and

PO 00000

Frm 00054

Fmt 4703

Sfmt 4703

policies, including all applicable DHS
automated systems security and access
policies. Strict controls have been
imposed to minimize the risk of
compromising the information that is
being stored. Access to the computer
system containing the records in this
system is limited to those individuals
who have a need to know the
information for the performance of their
official duties and who have appropriate
clearances or permissions.
RETENTION AND DISPOSAL:

ICE retains records of arrests,
detentions, and removals in EID for one
hundred (100) years; records concerning
U.S. Marshals Service prisoners for ten
(10) years; fingerprints and photographs
collected using EAGLE application for
up to fifty (50) days in the cache of an
encrypted Government laptop or other
IT device; Enforcement Integrated
Database Data Mart (EID–DM),
ENFORCE Alien Removal Module Data
Mart (EARM–DM), and ICE Integrated
Decision Support (IIDS) records for
seventy-five (75) years; user account
management records (UAM) for ten (10)
years following an individual’s
separation of employment from federal
service; statistical records for ten (10)
years; audit files for fifteen (15) years;
and backup files for up to one (1)
month.
ICE retains records in the PCTS for 25
years from the termination of parole.
The ODLS uses an extract of EID data
about current detainees and detainees
that were released during the last sixty
(60) days. Records are retained in ODLS
for as long as they meet the extract
criteria. The eTD System stores travel
documents for twenty (20) years. The
ATD system’s records are not yet the
subject of a records schedule, however,
ICE is in the process of developing one
and will propose the records are
retained for ten years from the end of
the calendar year in which the alien is
removed from the ATD program.
SYSTEM MANAGER AND ADDRESS:

Executive Associate Director, Office of
Homeland Security Investigations, U.S.
Immigration & Customs Enforcement,
500 12th Street SW., Washington, DC
20536.
NOTIFICATION PROCEDURE:

The Secretary of Homeland Security
has exempted this system from the
notification, access, and amendment
procedures of the Privacy Act because it
is a law enforcement system. However,
ICE will consider individual requests to
determine whether or not information
may be released. Thus, individuals
seeking notification of and access to any

E:\FR\FM\19OCN1.SGM

19OCN1

Federal Register / Vol. 81, No. 202 / Wednesday, October 19, 2016 / Notices

sradovich on DSK3GMQ082PROD with NOTICES

record contained in this system of
records, or seeking to contest its
content, may submit a request in writing
to ICE’s Freedom of Information Act
(FOIA) Officer, whose contact
information can be found at http://
www.ice.gov/foia under ‘‘Contacts.’’
When seeking records about yourself
from this system of records or any other
Departmental system of records your
request must conform with the Privacy
Act regulations set forth in 6 CFR part
5. You must first verify your identity,
meaning that you must provide your full
name, current address, and date and
place of birth. You must sign your
request, and your signature must either
be notarized or submitted under 28
U.S.C. 1746, a law that permits
statements to be made under penalty of
perjury as a substitute for notarization.
While no specific form is required, you
may obtain forms for this purpose from
the Chief Privacy Officer and Chief
Freedom of Information Act Officer,
http://www.dhs.gov/foia or 1–866–431–
0486. In addition you should provide
the following:
• Explain 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; and
• Provide any other information that
will help the FOIA staff determine
which DHS component agency may
have responsive records.
• If your request is seeking records
pertaining to another living individual,
you must include a statement from that
individual certifying his/her agreement
for you to access his/her records.
Without this bulleted information the
component(s) may not be able to
conduct an effective search, and your
request may be denied due to lack of
specificity or lack of compliance with
applicable regulations.
In processing requests for access to
information in this system, DHS/ICE
will review not only the records in the
operational system, but also the records
that were replicated on the unclassified
and classified networks, and based on
this notice provide appropriate access to
the information.
RECORD ACCESS PROCEDURES:

See ‘‘Notification procedure’’ above.
CONTESTING RECORD PROCEDURES:

See ‘‘Notification procedure’’ above.
RECORD SOURCE CATEGORIES:

17:39 Oct 18, 2016

EXEMPTIONS CLAIMED FOR THE SYSTEM:

The Secretary of Homeland Security,
pursuant to 5 U.S.C. 552a(j)(2), has
exempted this system from the
following provisions of the Privacy Act:
5 U.S.C. 552a(c)(3), (c)(4); (d); (e)(1),
(e)(2), (e)(3), (e)(4)(G), (e)(4)(H), (e)(5),
(e)(8); (f); and (g). Additionally, the
Secretary of Homeland Security,
pursuant to 5 U.S.C. 552a(k)(2), has
exempted this system of records from
the following provisions of the Privacy
Act: 5 U.S.C. 552a(c)(3); (d); (e)(1),
(e)(4)(G), (e)(4)(H); and (f). When a
record received from another system has
been exempted in that source system
under 5 U.S.C. 552a(j)(2) or (k)(2), DHS
will claim the same exemptions for
those records that are claimed for the
original primary systems of records from
which they originated and claims any
additional exemptions set forth here.
Dated: October 5, 2016.
Jonathan R. Cantor,
Acting Chief Privacy Officer, Department of
Homeland Security.
[FR Doc. 2016–25197 Filed 10–18–16; 8:45 am]
BILLING CODE 9111–28–P

DEPARTMENT OF HOMELAND
SECURITY
[Docket No. DHS–2016–0084]

Homeland Security Science and
Technology Advisory Committee
Science and Technology
Directorate, DHS.
ACTION: Committee Management; Notice
of Federal Advisory Committee Meeting.
AGENCY:

The Homeland Security
Science and Technology Advisory
Committee (HSSTAC) will meet on
November 3–4, 2016 in Washington, DC.
The meeting will be an open session
with both in-person and webinar
participation.

SUMMARY:

The HSSTAC will meet inperson Thursday, November 3, 2016,
from 10 a.m.–4:25 p.m. and Friday,

DATES:

Records in the system are supplied by
several sources. In general, information

VerDate Sep<11>2014

is obtained from individuals covered by
this system, and other federal, state,
local, tribal, or foreign governments.
More specifically, DHS/ICE–011 records
derive from the following sources:
(a) Individuals covered by the system
and other individuals (e.g., witnesses,
family members);
(b) Other federal, state, local, tribal, or
foreign governments and government
information systems;
(c) Business records;
(d) Evidence, contraband, and other
seized material; and
(e) Public and commercial sources.

Jkt 241001

PO 00000

Frm 00055

Fmt 4703

Sfmt 4703

72089

November 4, 2016, from 9 a.m.–3:30
p.m.
Homeland Security, 1120
Vermont Ave. NW., 8th Floor,
Washington, DC 20005.
FOR FURTHER INFORMATION CONTACT:
Michel Kareis, HSSTAC Designated
Federal Official, S&T IAO STOP 0205,
Department of Homeland Security, 245
Murray Lane, Washington, DC 20528–
0205, 202–254–8778 (Office), 202–254–
6176 (Fax) Michel.Kareis@hq.dhs.gov
(Email).
ADDRESSES:

Due to
security requirements, screening preregistration is required for this event.
Please see the ‘‘REGISTRATION’’
section below.
The meeting may close early if the
committee has completed its business.

SUPPLEMENTARY INFORMATION:

I. Background
Notice of this meeting is given under
the Federal Advisory Committee Act
(FACA), 5 U.S.C. appendix (Pub. L. 92–
463). The committee addresses areas of
interest and importance to the Under
Secretary for Science and Technology
(S&T), such as new developments in
systems engineering, cyber-security,
knowledge management and how best to
leverage related technologies funded by
other Federal agencies and by the
private sector. It also advises the Under
Secretary on policies, management
processes, and organizational constructs
as needed.
II. Registration
To pre-register for the virtual meeting
(webinar) please send an email to:
hsstac@hq.dhs.gov. The email should
include the name(s), title, organization/
affiliation, email address, and telephone
number of those interested in attending.
For information on services for
individuals with disabilities or to
request special assistance at the
meeting, please contact Michel Kareis as
soon as possible.
If you plan to attend the meeting inperson you must RSVP by November 1,
2016. To register, email hsstac@
hq.dhs.gov with the following subject
line: RSVP to HSSTAC Meeting. The
email should include the name(s), title,
organization/affiliation, email address,
and telephone number of those
interested in attending.
III. Public Comment
At the end of each open session, there
will be a period for oral statements.
Please note that the oral statement
period may end before the time
indicated, following the last call for oral
statements. To register as a speaker,

E:\FR\FM\19OCN1.SGM

19OCN1