83_FR_20933 83 FR 20844 - Privacy Act of 1974; System of Records

83 FR 20844 - Privacy Act of 1974; System of Records

DEPARTMENT OF HOMELAND SECURITY

Federal Register Volume 83, Issue 89 (May 8, 2018)

Page Range20844-20850
FR Document2018-09902

In accordance with the Privacy Act of 1974, the Department of Homeland Security (DHS) proposes to modify, rename, and reissue a current DHS U.S. Immigration and Customs Enforcement (ICE) system of records titled, ``Department of Homeland Security (DHS)/U.S. Immigration and Customs Enforcement (ICE)-007 Alien Criminal Response Information Management (ACRIMe).'' This system of records allows the Department to receive and respond to criminal history and immigration status inquiries made by federal, state, and local law enforcement agencies, and other federal agencies, including the Office of Personnel Management (OPM) and the Department of Health and Human Services (HHS). This system of records notice (SORN) covers records the Department collects and maintains on individuals who are: Arrested; screened as part of a background check to determine suitability for employment, access, or other purposes; screened to verify or ascertain citizenship or immigration status, immigration history, and criminal history to inform an HHS determination regarding sponsorship of an unaccompanied alien child; or otherwise encountered by federal, state, and local law enforcement agencies. DHS may also use information maintained in this system of records for other purposes consistent with its statutory authorities. As a result of a biennial review of this system, the Department is updating this SORN to: Change the system of records name to Criminal History and Immigration Verification (CHIVe); add one new category of individuals to include individuals seeking approval from HHS to sponsor an unaccompanied alien child and/or other adult members of the potential sponsor's household; add one new category of records to include biometrics for potential sponsors of an unaccompanied alien child and/or other adult members of the potential sponsor's household; expand a category of records to include screening to verify or ascertain citizenship or immigration status, immigration history, and criminal history for sponsorship of unaccompanied alien children; add a new purpose of the system: To screen individuals to verify or ascertain citizenship or immigration status, immigration history, and criminal history to inform determinations regarding sponsorship of unaccompanied alien children who are in the care and custody of HHS; add a new routine use to describe how the DHS may share information from this system of records with HHS; modify routine use (E) and add routine use (F) to conform to Office of Management and Budget (OMB) Memorandum M- 17-12 ``Preparing for and Responding to a Breach of Personally Identifiable Information'' (Jan. 3, 2017); revise the records retention periods so that they align with the records schedule approved by the National Archives and Records Administration (NARA); and clarify that DHS may use information maintained in this system of records for other purposes consistent with its statutory authorities. Because this system will no longer cover information related to public tips, ICE is also updating the SORN to: Remove two categories of individuals; remove two categories of records; remove one routine use that allows DHS to disclose reports of suspicious activity, tips, potential violations of law, and other relevant information to external law enforcement agencies; and remove four purposes for the collection of information. Additionally, this notice includes non-substantive changes to simplify the formatting and text of the previously published notice. This modified system of records will be included in DHS's inventory of record systems. ICE will issue a new Privacy Act rulemaking, elsewhere in the Federal Register.

Federal Register, Volume 83 Issue 89 (Tuesday, May 8, 2018)
[Federal Register Volume 83, Number 89 (Tuesday, May 8, 2018)]
[Notices]
[Pages 20844-20850]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-09902]


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DEPARTMENT OF HOMELAND SECURITY

[Docket No. DHS-2018-0013]


Privacy Act of 1974; System of Records

AGENCY: Department of Homeland Security.

ACTION: Notice of Modified System of Records.

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SUMMARY: In accordance with the Privacy Act of 1974, the Department of 
Homeland Security (DHS) proposes to modify, rename, and reissue a 
current DHS U.S. Immigration and Customs Enforcement (ICE) system of 
records titled, ``Department of Homeland Security (DHS)/U.S. 
Immigration and Customs Enforcement (ICE)-007 Alien Criminal Response 
Information Management (ACRIMe).'' This system of records allows the 
Department to receive and respond to criminal history and immigration 
status inquiries made by federal, state, and local law enforcement 
agencies, and other federal agencies, including the Office of Personnel 
Management (OPM) and the Department of Health and Human Services (HHS). 
This system of records notice (SORN) covers records the Department 
collects and maintains on individuals who are: Arrested; screened as 
part of a background check to determine suitability for employment, 
access, or other purposes; screened to verify or ascertain citizenship 
or immigration status, immigration history, and criminal history to 
inform an HHS determination regarding sponsorship of an unaccompanied 
alien child; or otherwise encountered by federal, state, and local law 
enforcement agencies. DHS may also use information maintained in this 
system of records for other purposes consistent with its statutory 
authorities.
    As a result of a biennial review of this system, the Department is 
updating this SORN to: Change the system of records name to Criminal 
History and Immigration Verification (CHIVe); add one new category of 
individuals to include individuals seeking approval from HHS to sponsor 
an unaccompanied alien child and/or other adult members of the 
potential sponsor's household; add one new category of records to 
include biometrics for potential sponsors of an unaccompanied alien 
child and/or other adult members of the potential sponsor's household; 
expand a category of records to include screening to verify or 
ascertain citizenship or immigration status, immigration history, and 
criminal history for sponsorship of unaccompanied alien children; add a

[[Page 20845]]

new purpose of the system: To screen individuals to verify or ascertain 
citizenship or immigration status, immigration history, and criminal 
history to inform determinations regarding sponsorship of unaccompanied 
alien children who are in the care and custody of HHS; add a new 
routine use to describe how the DHS may share information from this 
system of records with HHS; modify routine use (E) and add routine use 
(F) to conform to Office of Management and Budget (OMB) Memorandum M-
17-12 ``Preparing for and Responding to a Breach of Personally 
Identifiable Information'' (Jan. 3, 2017); revise the records retention 
periods so that they align with the records schedule approved by the 
National Archives and Records Administration (NARA); and clarify that 
DHS may use information maintained in this system of records for other 
purposes consistent with its statutory authorities.
    Because this system will no longer cover information related to 
public tips, ICE is also updating the SORN to: Remove two categories of 
individuals; remove two categories of records; remove one routine use 
that allows DHS to disclose reports of suspicious activity, tips, 
potential violations of law, and other relevant information to external 
law enforcement agencies; and remove four purposes for the collection 
of information. Additionally, this notice includes non-substantive 
changes to simplify the formatting and text of the previously published 
notice. This modified system of records will be included in DHS's 
inventory of record systems. ICE will issue a new Privacy Act 
rulemaking, elsewhere in the Federal Register.

DATES: Submit comments on or before June 7, 2018. This modified system 
of records notice will be effective upon publication. New or modified 
routine uses will be effective June 7, 2018.

ADDRESSES: You may submit comments, identified by docket number DHS-
2018-0013 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: Philip S. Kaplan, Chief Privacy Officer, Privacy 
Office, Department of Homeland Security, Washington, DC 20528-0655.
    Instructions: All submissions received must include the agency name 
and docket number for this notice DHS-2018-0013. 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: For general questions, please contact: 
Amber Smith, Privacy Officer, U.S. Immigration and Customs Enforcement, 
Washington, DC 20536-5600, (202) 732-3300, ICEPrivacy@ice.dhs.gov. For 
privacy questions, please contact: Philip S. Kaplan, 
Privacy@hq.dhs.gov, (202) 343-1717, Chief Privacy Officer, Privacy 
Office, Department of Homeland Security, Washington, DC 20528-0655.

SUPPLEMENTARY INFORMATION: 

I. Background

    In accordance with the Privacy Act of 1974, 5 U.S.C. 552a, DHS, 
U.S. Immigration and Customs Enforcement (ICE) proposes to modify, 
rename, and reissue a current DHS system of records notice (SORN) 
titled, ``DHS/ICE-007 Alien Criminal Response Information Management 
(ACRIMe),'' 78 FR 10623 (Feb. 14, 2013).
    The DHS/ICE update to ACRIMe includes several changes. First, the 
system of records is being renamed ``Criminal History and Immigration 
Verification (CHIVe)'' to better align with the purpose of the system. 
This system of records covers records documenting inquiries received 
from federal, state, and local law enforcement agencies so ICE can 
check the immigration status and criminal history of individuals who 
are arrested or otherwise encountered by those agencies; and other 
federal agencies for screening (including as part of background checks 
being conducted by those agencies) to inform those agencies' 
determinations regarding suitability for employment, access, 
sponsorship of an unaccompanied alien child, or other purposes or 
otherwise encountered by those agencies.
    Second, DHS is adding a purpose of the system, as ICE will now 
screen individuals seeking approval from HHS to sponsor an 
unaccompanied alien child, as well as other adult members of the 
potential sponsor's household, to verify or ascertain citizenship or 
immigration status, immigration history, and criminal history.
    Third, DHS is clarifying that DHS may use information maintained in 
this system of records for other purposes consistent with its statutory 
authorities.
    Fourth, this update adds a new category of individuals: Those 
seeking approval from HHS to sponsor an unaccompanied alien child and/
or other adult members of the potential sponsor's household.
    Fifth, DHS is adding one category of records to include biometrics 
for potential sponsors and/or other adult members of the potential 
sponsor's household. DHS has also modified a category of records to 
include citizenship or immigration status and criminal and immigration 
history information for sponsorship of unaccompanied alien children.
    Sixth, DHS is adding one new routine use that would allow ICE to 
share from this system of records the results of screening of potential 
sponsors and adult members of their households with HHS to inform HHS's 
determination whether to grant sponsor applications. Below is a summary 
of the new routine use and its corresponding letter:
    (HH) To HHS, the citizenship or immigration status, immigration 
history, criminal history information, and other biographic information 
of potential sponsors for unaccompanied alien children and other adult 
members of the potential sponsors' households to inform an HHS 
determination regarding sponsorship of an unaccompanied alien child.
    DHS is also modifying routine use (E) and adding routine use (F) to 
conform to Office of Management and Budget (OMB) Memorandum M-17-12 
``Preparing for and Responding to a Breach of Personally Identifiable 
Information'' (Jan. 3, 2017). All following routine uses are being 
renumbered to account for the additional routine use.
    Seventh, DHS is revising the records retention periods so that they 
align with the records retention schedule approved by the National 
Archives and Records Administration (NARA).
    Finally, DHS is modifying this SORN since this system will no 
longer store information pertaining to the collection, processing, and 
response to public tip information concerning customs and immigration 
violations, suspicious activity, or other law enforcement matters. ICE 
will continue to collect information about individuals reporting tips, 
the subjects of such tips, and any information ICE collects in 
following up on a tip in the DHS/ICE-016 FALCON Search and Analysis 
System of Records, 82 FR 20905 (May 4, 2017).
    As a result, the following changes are being made: (1) Two 
categories of individuals are being removed from the system--
individuals who report tips and individuals about whom those reports 
are made; (2) two categories of records are being removed from the 
system--those public tip records, which consist of information 
contained in tips

[[Page 20846]]

received from the public or other sources regarding customs and 
immigration violations, other actual or potential violations of law, 
and suspicious activities; and also records created pertaining to ICE's 
follow-up activities regarding a tip; (3) one routine use is being 
removed from the system that allows DHS to disclose reports of 
suspicious activity, tips, potential violations of law, and other 
relevant information to external law enforcement agencies; and (4) four 
purposes for the collection of information are being removed from the 
system. Purpose (4) in the prior iteration of this SORN has been 
removed as it pertains to public tip records. Purposes (5), (6), and 
(7) have been removed since these purposes are more focused on ICE's 
Law Enforcement Support Center (LESC) rather than the system as a 
whole.
    Information stored in the DHS/ICE-007 Criminal History and 
Immigration Verification (CHIVe) System of 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, 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 SORN. This modified system of 
records will be included in DHS's inventory of record systems. Further, 
ICE will issue a new rule covering exemptions for this modified SORN 
elsewhere in the Federal Register.

II. Privacy Act

    The Privacy Act embodies fair information practice 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. citizens and lawful 
permanent residents. Additionally, the Judicial Redress Act (JRA) 
provides covered persons with a statutory right to make requests for 
access and amendment to covered records, as defined by the JRA, along 
with judicial review for denials of such requests. In addition, the JRA 
prohibits disclosures of covered records, except as otherwise permitted 
by the Privacy Act.
    Below is the description of the DHS/ICE-007 Criminal History and 
Immigration Verification (CHIVe) 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 NAME AND NUMBER:
    Department of Homeland Security (DHS)/U.S. Immigration and Customs 
Enforcement (ICE)-007 Criminal History and Immigration Verification 
(CHIVe) System of Records.

SECURITY CLASSIFICATION:
    Unclassified.

SYSTEM LOCATION:
    Records are maintained at the ICE Headquarters in Washington, DC 
and ICE field offices. Records are also maintained in the ACRIMe 
information technology system, and the DHS Data Centers in Washington, 
DC.

SYSTEM MANAGER(S):
    Unit Chief, Law Enforcement Support Center, U.S. Immigration and 
Customs Enforcement, 188 Harvest Lane, Williston, VT 05495; Unit Chief, 
Juvenile and Family Residential Management Unit, U.S. Immigration and 
Customs Enforcement, 500 12th Street SW, Washington, DC 20536.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    8 U.S.C. secs. 1103, 1226, 1227, 1228, 1231, 1232, 1357, 1360; 19 
U.S.C. 1589a; and the Brady Handgun Violence Protection Act of 1993 
(Pub. L. 103-159).

PURPOSE(S) OF THE SYSTEM:
    The purposes of this system are: (1) To assist in identifying and 
arresting 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 screen individuals to 
verify or ascertain citizenship or immigration status, immigration 
history, and criminal history to inform determinations regarding 
sponsorship of unaccompanied alien children who are in the care and 
custody of HHS and to identify and arrest those who may be subject to 
removal; and (4) 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.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Categories of individuals covered in this system include:
    (1) Individuals who are the subjects of immigration status 
inquiries submitted to ICE or immigration checks conducted by ICE, 
including:
    A. Individuals who are encountered by, arrested by, under the 
investigation of, or in the custody of a criminal justice agency.
    B. Individuals convicted of sexual offenses required to register as 
a sexual offender.
    C. Individuals subject to background checks or investigations by or 
under the authority of a federal, state, local, tribal, or territorial 
agency to determine eligibility or suitability for employment, access, 
or other purposes.
    D. Individuals applying to obtain/purchase a firearm in the United 
States and whose information has been submitted to ICE for the purpose 
of conducting an immigration status check in support of background 
checks required by the Brady Handgun Violence Protection Act (Brady 
Act) or other applicable laws.
    (2) Individuals who are the subjects 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.
    (3) Individuals seeking approval from HHS to sponsor an 
unaccompanied alien child, and/or other adult members of the potential 
sponsor's household.
    (4) Law enforcement officers or other personnel working for 
criminal justice agencies who contact ICE for reasons relating to the 
purposes of this system of records, or for other law enforcement 
assistance.

CATEGORIES OF RECORDS IN THE SYSTEM:
    Categories of records in this system 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

[[Page 20847]]

for benefit information, visa and travel history);
     Criminal history information (e.g., FBI number, booking 
number, current charge[s], custodial status, past offenses and 
convictions);
     NCIC hit confirmation records, which consist of 
information supporting the entry of criminal warrants or immigration 
lookouts into the NCIC system, such as criminal arrest warrant 
information, fingerprints and photographs, other information 
identifying the individual, and records reflecting the purpose/basis 
for the warrant or lookout. Records of inquiries received from criminal 
justice agencies regarding potential matches against ICE-created NCIC 
records, and records pertaining to ICE's research, resolution, and 
response to those inquiries;
     Background investigation records, which consist of 
identifying and other information received from agencies requesting an 
immigration status check and/or criminal history 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;
     Sponsor screening records, which consist of identifying 
and other information received from HHS regarding potential sponsors of 
unaccompanied alien children and other adult members of the potential 
sponsor's household; research conducted by ICE during such screening; 
and ICE's response to those inquiries.
     Biometric identifiers (potential sponsors for 
unaccompanied alien children and other adult members of the potential 
sponsors' household only);
     Criminal justice immigration status check records, which 
consist of identifying and other information received from criminal 
justice agencies requesting an immigration status check on individuals 
in the context of a criminal justice matter; prioritization of 
requests; research conducted by ICE during the conduct of the 
immigration status check; and ICE's research, resolution, and response 
to those inquiries;
     Information received pursuant to the activities supported 
by this system of records, including leads for ICE investigations and 
referrals to other agencies; and
     Identification and authentication information for law 
enforcement officers or other criminal justice personnel who contact 
ICE.

RECORD SOURCE CATEGORIES:
    Records are obtained from ICE, other federal, state, local, tribal, 
foreign, and international criminal justice entities (e.g., law 
enforcement agencies, investigators, prosecutors, correctional 
institutions, police departments, and parole boards), and other Federal 
Government agencies.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND 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 the U.S. Attorneys 
Offices, or other federal agency conducting litigation or 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, only 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 necessary and relevant to such audit or oversight function.
    E. To appropriate agencies, entities, and persons when (1) DHS 
suspects or has confirmed that there has been a breach of the system of 
records; (2) DHS has determined that as a result of the suspected or 
confirmed breach there is a risk of harm to individuals, DHS (including 
its information systems, programs, and operations), the Federal 
Government, or national security; 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 
breach or to prevent, minimize, or remedy such harm.
    F. To another Federal agency or Federal entity, when DHS determines 
that information from this system of records is reasonably necessary to 
assist the recipient agency or entity in (1) responding to a suspected 
or confirmed breach or (2) preventing, minimizing, or remedying the 
risk of harm to individuals, the recipient agency or entity (including 
its information systems, programs, and operations), the Federal 
Government, or national security, resulting from a suspected or 
confirmed breach.
    G. 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.
    H. 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, 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.
    I. To federal, state, local, tribal, territorial, foreign, or 
international agencies, if the information is relevant and necessary to 
a requesting agency's decision concerning individuals who are being 
screened with respect to their participation in, attendance at, or 
other relation to a national or special security event.
    J. 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.
    K. To federal, state, local, tribal, territorial, or international 
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.

[[Page 20848]]

    L. 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 the 
Government 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.
    M. To the DOJ, Federal Bureau of Prisons (BOP), and other federal, 
state, local, territorial, tribal, and foreign law enforcement or 
custodial agencies for the purpose of placing an immigration detainer 
on an individual in that agency's custody, or to facilitate the 
transfer of custody of an individual to DHS from the other agency.
    N. To a former employee of DHS for purposes of responding to an 
official inquiry by federal, state, local, tribal, 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.
    O. 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 the immigration and nationality laws, when DHS deems that 
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.
    P. To international, foreign, intergovernmental, and multinational 
government agencies, authorities, and organizations in accordance with 
law and formal or informal international arrangements.
    Q. To 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.
    R. 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.
    S. To the Department of State 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.
    T. 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 enforcement officers who may be working on 
related law enforcement matters.
    U. To federal, state, local, tribal, territorial, or foreign 
government agencies or entities or multinational government agencies, 
with the approval of the Chief Privacy Officer, 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.
    V. 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.
    W. 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 anti-terrorism 
efforts.
    X. To the DOJ, Federal Bureau of Investigation (FBI) in order to 
facilitate responses to fingerprint-based immigration status queries 
that are sent to ICE, including queries that the FBI sends on behalf of 
another agency.
    Y. 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.
    Z. 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 
to the extent necessary to obtain information 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.
    AA. To federal, state, local, tribal, territorial, foreign, or 
international agencies, if DHS determines (1) the information is 
relevant and necessary to the agency's decision concerning the hiring 
or retention of an individual, or the issuance of a security clearance, 
license, contract, grant, or other benefit, and (2) failure to disclose 
the information is likely to create a risk to government facilities, 
equipment, or personnel; sensitive information; critical 
infrastructure; or the public safety.
    BB. To federal, state, local, tribal, territorial, foreign, or 
international agencies seeking information on the subjects of wants, 
warrants, or lookouts, or any other subject of interest, for purposes 
related to administering or enforcing the law, national security, 
immigration, or intelligence, when consistent with a DHS mission-
related function.
    CC. To federal, state, local, tribal, territorial, or foreign 
government agencies or organizations, or international organizations, 
lawfully engaged in collecting law enforcement intelligence, whether 
civil or criminal, to enable these entities to carry out their law 
enforcement responsibilities, including the collection of law 
enforcement intelligence.
    DD. To foreign governments in order to notify them concerning an 
alien who is incapacitated, an unaccompanied minor, or deceased.
    EE. To federal, state, local, tribal, and territorial courts or 
government agencies involved in criminal investigation or

[[Page 20849]]

prosecution, pretrial services, sentencing, parole, probation, bail 
bonds, child welfare services, or any other aspect of the criminal 
justice process, and to counsel representing an individual in a 
criminal, civil, or child welfare proceeding, in order to ensure the 
integrity of the justice system by informing these recipients of the 
existence of an immigration detainer on that individual or that 
individual's status in removal proceedings, including removal, 
voluntary departure, or custodial status/location. Disclosure of that 
individual's Alien Registration Number (A-Number) and country of birth 
is also authorized to facilitate use of the ICE Online Detainee Locator 
System by the aforementioned individuals and agencies. This routine use 
does not authorize disclosure to bail bond companies or agents.
    FF. 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.
    GG. To the U.S. Department of Health and Human Services (HHS), the 
citizenship or immigration status, immigration history, criminal 
history information, and other biographic information of potential 
sponsors for unaccompanied alien children and other adult members of 
the potential sponsors' households to inform an HHS determination 
regarding sponsorship of an unaccompanied alien child.
    HH. To the news media and the public, with the approval of the 
Chief Privacy Officer in consultation with counsel, when there exists a 
legitimate public interest in the disclosure of the information, 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 a clearly unwarranted invasion of personal privacy.

POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
    DHS/ICE stores records in this system electronically or on paper in 
secure facilities in a locked drawer behind a locked door. The records 
may be stored on magnetic disc, tape, and digital media.

POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
    DHS/ICE retrieves records 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.

POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
    In accordance with Records Control Schedule DAA-0567-2017-0002, ICE 
retains the Immigration Alien Query (IAQ) and Immigration Alien 
Response (IAR) records pertaining to traditional law enforcement 
checks, non-criminal biographical and biometric investigations; and 
ICE-generated FBI NCIC records for seventy-five (75) years. Records 
collected pursuant to the Brady Act, special security events, and OPM 
checks will be kept for five (5) years from the date an immigration 
status determination is made and an IAR returned, after which the 
records will be deleted from the ACRIMe information technology system. 
Furthermore, ICE is proposing to NARA to maintain records pertaining to 
the sponsorship of unaccompanied alien children for five (5) years. 
Until these records are officially scheduled, they will be treated as 
permanent and cannot be deleted.

ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
    DHS/ICE safeguards records in this system according to applicable 
rules and policies, including all applicable DHS automated systems 
security and access policies. ICE has imposed strict controls 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.

RECORD ACCESS PROCEDURES:
    The Secretary of Homeland Security has exempted this system from 
the notification, access, and amendment procedures of the Privacy Act, 
and the JRA if applicable, because it is a law enforcement system. 
However, DHS/ICE will consider individual requests to determine whether 
or not information may be released. Thus, individuals seeking access to 
and notification of any record contained in this system of records, or 
seeking to contest its content, may submit a request in writing to the 
ICE Freedom of Information Act (FOIA) Officer, whose contact 
information can be found at http://www.dhs.gov/foia under ``Contact 
Information.'' 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, Washington, 
DC 20528-0655. Even if neither the Privacy Act nor the JRA provides a 
right of access, certain records about the individual may be available 
under FOIA.
    When an individual is seeking records about himself or herself from 
this system of records or any other Departmental system of records, the 
individual's request must conform with the Privacy Act regulations set 
forth in 6 CFR part 5. The individual must first verify his or her 
identity, meaning that the individual must provide his or her full 
name, current address, and date and place of birth. The individual must 
sign the request, and the individual's 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, an individual may 
obtain forms for this purpose from the Chief Privacy Officer and Chief 
FOIA Officer, http://www.dhs.gov/foia or 1-866-431-0486. In addition, 
the individual should:
     Explain why he or she believe the Department would have 
information being requested;
     Identify which component(s) of the Department the 
individual believes may have the information about him or her;
     Specify when the individual believes 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 an individual's request is seeking records pertaining to another 
living individual, the first individual must include a statement from 
the second individual certifying his/her agreement for the first 
individual to access his or her records.
    Without the above information, the component(s) may not be able to 
conduct an effective search, and the individual's request may be denied 
due to lack of specificity or lack of compliance with applicable 
regulations.

CONTESTING RECORD PROCEDURES:
    Individuals who wish to contest the accuracy of records in this 
system of records should submit these requests to

[[Page 20850]]

the ICE Office of Information Governance and Privacy--Privacy Division. 
Requests must comply with verification of identity requirements set 
forth in DHS Privacy Act regulations at 6 CFR 5.21(d). Please specify 
the nature of the complaint and provide any supporting documentation. 
By mail (please note substantial delivery delays exist): ICE Office of 
Information Governance and Privacy--Privacy Division, 500 12th Street 
SW, Mail Stop 5004, Washington, DC 20536. By email: 
ICEPrivacy@ice.dhs.gov. Please contact the Privacy Division with any 
questions about submitting a request or complaint at 202-732-3300 or 
ICEPrivacy@ice.dhs.gov.

NOTIFICATION PROCEDURES:
    See ``Record Access Procedures.''

EXEMPTIONS PROMULGATED 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)(4)(I), (e)(5), and (e)(8); (f); and 
(g). Additionally, the Secretary of Homeland Security, pursuant to 5 
U.S.C. 552a(k)(2), has exempted this system from the following 
provisions of the Privacy Act: 5 U.S.C. 552a(c)(3), (d), and (e)(1), 
(e)(4)(G), (e)(4)(H), and (f). 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.

HISTORY:
    78 FR 10623 (Feb. 14, 2013); 75 FR 8377 (Feb. 24, 2010); 74 FR 
45079 (Aug. 31, 2009); 73 FR 74739 (Dec. 9, 2008).

Philip S. Kaplan,
Chief Privacy Officer, Department of Homeland Security.
[FR Doc. 2018-09902 Filed 5-7-18; 8:45 am]
 BILLING CODE 9111-28-P



                                                20844                             Federal Register / Vol. 83, No. 89 / Tuesday, May 8, 2018 / Notices

                                                                                   Community                                                                Community map repository address

                                                                                                       York County, Nebraska and Incorporated Areas

                                                                                          Project: 16–07–0767S Preliminary Dates: July 12, 2017 and December 11, 2017
                                                City of Henderson ..................................................................................... City Hall, 1044 North Main Street, Henderson, NE 68371.
                                                City of York ............................................................................................... Municipal Building, 100 East 4th Street, York, NE 68467.
                                                Unincorporated Areas of York County ..................................................... York County Courthouse, 510 North Lincoln Avenue, York, NE 68467.
                                                Village of Benedict .................................................................................... Village Office, 206 Sherman Street, Benedict, NE 68316.
                                                Village of Bradshaw .................................................................................. Village Office, 455 Lincoln Street, Bradshaw, NE 68319.
                                                Village of Gresham ................................................................................... Village Office, 310 Elm Street, Gresham, NE 68367.
                                                Village of McCool Junction ....................................................................... Village Office, 323 East M Street, McCool Junction, NE 68401.
                                                Village of Thayer ...................................................................................... Village of Thayer Clerk’s Office, 401 4th Street, Waco, NE 68460.
                                                Village of Waco ........................................................................................ Village Office, 403 Midland Street, Waco, NE 68460.



                                                [FR Doc. 2018–09787 Filed 5–7–18; 8:45 am]                   Therefore, I amend my declaration of May               DHS U.S. Immigration and Customs
                                                BILLING CODE 9110–12–P
                                                                                                          2, 2017, to authorize Federal funds for all               Enforcement (ICE) system of records
                                                                                                          categories of Public Assistance at 90 percent             titled, ‘‘Department of Homeland
                                                                                                          of total eligible costs.
                                                                                                             This adjustment to the cost sharing applies
                                                                                                                                                                    Security (DHS)/U.S. Immigration and
                                                DEPARTMENT OF HOMELAND                                    only to Public Assistance costs and direct                Customs Enforcement (ICE)–007 Alien
                                                SECURITY                                                  Federal assistance eligible for such                      Criminal Response Information
                                                                                                          adjustments under the law. The Robert T.                  Management (ACRIMe).’’ This system of
                                                Federal Emergency Management                              Stafford Disaster Relief and Emergency                    records allows the Department to
                                                Agency                                                    Assistance Act specifically prohibits a                   receive and respond to criminal history
                                                                                                          similar adjustment for funds provided for the             and immigration status inquiries made
                                                [Internal Agency Docket No. FEMA–4312–                    Hazard Mitigation Grant Program (Section
                                                                                                                                                                    by federal, state, and local law
                                                DR; Docket ID FEMA–2018–0001]                             404). These funds will continue to be
                                                                                                          reimbursed at 75 percent of total eligible                enforcement agencies, and other federal
                                                                                                          costs.                                                    agencies, including the Office of
                                                Resighini Rancheria; Amendment No.
                                                                                                             (The following Catalog of Federal Domestic             Personnel Management (OPM) and the
                                                2 to Notice of a Major Disaster
                                                                                                          Assistance Numbers (CFDA) are to be used                  Department of Health and Human
                                                Declaration                                               for reporting and drawing funds: 97.030,                  Services (HHS). This system of records
                                                AGENCY: Federal Emergency                                 Community Disaster Loans; 97.031, Cora                    notice (SORN) covers records the
                                                                                                          Brown Fund; 97.032, Crisis Counseling;                    Department collects and maintains on
                                                Management Agency, DHS.
                                                                                                          97.033, Disaster Legal Services; 97.034,
                                                ACTION: Notice.                                           Disaster Unemployment Assistance (DUA);
                                                                                                                                                                    individuals who are: Arrested; screened
                                                                                                          97.046, Fire Management Assistance Grant;                 as part of a background check to
                                                SUMMARY:    This notice amends the notice                 97.048, Disaster Housing Assistance to                    determine suitability for employment,
                                                of a major disaster for the Resighini                     Individuals and Households In Presidentially              access, or other purposes; screened to
                                                Rancheria (FEMA–4312–DR), dated May                       Declared Disaster Areas; 97.049,                          verify or ascertain citizenship or
                                                2, 2017, and related determinations.                      Presidentially Declared Disaster Assistance—              immigration status, immigration history,
                                                                                                          Disaster Housing Operations for Individuals               and criminal history to inform an HHS
                                                DATES: This amendment was issued
                                                                                                          and Households; 97.050 Presidentially                     determination regarding sponsorship of
                                                April 19, 2018.                                           Declared Disaster Assistance to Individuals
                                                FOR FURTHER INFORMATION CONTACT:                          and Households—Other Needs; 97.036,
                                                                                                                                                                    an unaccompanied alien child; or
                                                Dean Webster, Office of Response and                      Disaster Grants—Public Assistance                         otherwise encountered by federal, state,
                                                Recovery, Federal Emergency                               (Presidentially Declared Disasters); 97.039,              and local law enforcement agencies.
                                                Management Agency, 500 C Street SW,                       Hazard Mitigation Grant.                                  DHS may also use information
                                                Washington, DC 20472, (202) 646–2833.                                                                               maintained in this system of records for
                                                                                                          Brock Long,
                                                                                                                                                                    other purposes consistent with its
                                                SUPPLEMENTARY INFORMATION: Notice is                      Administrator, Federal Emergency                          statutory authorities.
                                                hereby given that, in a letter dated April                Management Agency.
                                                                                                                                                                       As a result of a biennial review of this
                                                19, 2018, the President amended the                       [FR Doc. 2018–09781 Filed 5–7–18; 8:45 am]
                                                                                                                                                                    system, the Department is updating this
                                                cost-sharing arrangements regarding                       BILLING CODE 9111–23–P
                                                                                                                                                                    SORN to: Change the system of records
                                                Federal funds provided under the
                                                                                                                                                                    name to Criminal History and
                                                authority of the Robert T. Stafford
                                                                                                                                                                    Immigration Verification (CHIVe); add
                                                Disaster Relief and Emergency                             DEPARTMENT OF HOMELAND
                                                                                                                                                                    one new category of individuals to
                                                Assistance Act, 42 U.S.C. 5121 et seq.                    SECURITY
                                                                                                                                                                    include individuals seeking approval
                                                (the ‘‘Stafford Act’’), in a letter to Brock              [Docket No. DHS–2018–0013]                                from HHS to sponsor an unaccompanied
                                                Long, Administrator, Federal Emergency
                                                                                                                                                                    alien child and/or other adult members
                                                Management Agency, Department of                          Privacy Act of 1974; System of                            of the potential sponsor’s household;
                                                Homeland Security, under Executive                        Records                                                   add one new category of records to
                                                Order 12148, as follows:
                                                                                                          AGENCY:  Department of Homeland                           include biometrics for potential
                                                  I have determined that the damage to the                                                                          sponsors of an unaccompanied alien
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                                                                                                          Security.
                                                Resighini Rancheria resulting from flooding                                                                         child and/or other adult members of the
                                                during the period of February 8–11, 2017, is              ACTION: Notice of Modified System of
                                                                                                          Records.                                                  potential sponsor’s household; expand a
                                                of sufficient severity and magnitude that
                                                special cost-sharing arrangements are
                                                                                                                                                                    category of records to include screening
                                                warranted regarding Federal funds provided                SUMMARY:  In accordance with the                          to verify or ascertain citizenship or
                                                under the Robert T. Stafford Disaster Relief              Privacy Act of 1974, the Department of                    immigration status, immigration history,
                                                and Emergency Assistance Act, 42 U.S.C.                   Homeland Security (DHS) proposes to                       and criminal history for sponsorship of
                                                5121 et seq. (the ‘‘Stafford Act’’).                      modify, rename, and reissue a current                     unaccompanied alien children; add a


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                                                                                Federal Register / Vol. 83, No. 89 / Tuesday, May 8, 2018 / Notices                                            20845

                                                new purpose of the system: To screen                    www.regulations.gov, including any                    adult members of the potential
                                                individuals to verify or ascertain                      personal information provided.                        sponsor’s household.
                                                citizenship or immigration status,                        Docket: For access to the docket to                    Fifth, DHS is adding one category of
                                                immigration history, and criminal                       read background documents or                          records to include biometrics for
                                                history to inform determinations                        comments received, go to http://                      potential sponsors and/or other adult
                                                regarding sponsorship of                                www.regulations.gov.                                  members of the potential sponsor’s
                                                unaccompanied alien children who are                                                                          household. DHS has also modified a
                                                                                                        FOR FURTHER INFORMATION CONTACT:    For
                                                in the care and custody of HHS; add a                                                                         category of records to include
                                                                                                        general questions, please contact:
                                                new routine use to describe how the                                                                           citizenship or immigration status and
                                                                                                        Amber Smith, Privacy Officer, U.S.
                                                DHS may share information from this                                                                           criminal and immigration history
                                                                                                        Immigration and Customs Enforcement,
                                                system of records with HHS; modify                                                                            information for sponsorship of
                                                                                                        Washington, DC 20536–5600, (202) 732–
                                                routine use (E) and add routine use (F)                                                                       unaccompanied alien children.
                                                                                                        3300, ICEPrivacy@ice.dhs.gov. For                        Sixth, DHS is adding one new routine
                                                to conform to Office of Management and                  privacy questions, please contact: Philip
                                                Budget (OMB) Memorandum M–17–12                                                                               use that would allow ICE to share from
                                                                                                        S. Kaplan, Privacy@hq.dhs.gov, (202)                  this system of records the results of
                                                ‘‘Preparing for and Responding to a                     343–1717, Chief Privacy Officer, Privacy
                                                Breach of Personally Identifiable                                                                             screening of potential sponsors and
                                                                                                        Office, Department of Homeland                        adult members of their households with
                                                Information’’ (Jan. 3, 2017); revise the                Security, Washington, DC 20528–0655.
                                                records retention periods so that they                                                                        HHS to inform HHS’s determination
                                                                                                        SUPPLEMENTARY INFORMATION:                            whether to grant sponsor applications.
                                                align with the records schedule
                                                approved by the National Archives and                   I. Background                                         Below is a summary of the new routine
                                                Records Administration (NARA); and                                                                            use and its corresponding letter:
                                                                                                           In accordance with the Privacy Act of                 (HH) To HHS, the citizenship or
                                                clarify that DHS may use information                    1974, 5 U.S.C. 552a, DHS, U.S.
                                                maintained in this system of records for                                                                      immigration status, immigration history,
                                                                                                        Immigration and Customs Enforcement                   criminal history information, and other
                                                other purposes consistent with its                      (ICE) proposes to modify, rename, and                 biographic information of potential
                                                statutory authorities.                                  reissue a current DHS system of records               sponsors for unaccompanied alien
                                                   Because this system will no longer                   notice (SORN) titled, ‘‘DHS/ICE–007                   children and other adult members of the
                                                cover information related to public tips,               Alien Criminal Response Information                   potential sponsors’ households to
                                                ICE is also updating the SORN to:                       Management (ACRIMe),’’ 78 FR 10623                    inform an HHS determination regarding
                                                Remove two categories of individuals;                   (Feb. 14, 2013).                                      sponsorship of an unaccompanied alien
                                                remove two categories of records;                          The DHS/ICE update to ACRIMe                       child.
                                                remove one routine use that allows DHS                  includes several changes. First, the                     DHS is also modifying routine use (E)
                                                to disclose reports of suspicious                       system of records is being renamed                    and adding routine use (F) to conform
                                                activity, tips, potential violations of law,            ‘‘Criminal History and Immigration                    to Office of Management and Budget
                                                and other relevant information to                       Verification (CHIVe)’’ to better align                (OMB) Memorandum M–17–12
                                                external law enforcement agencies; and                  with the purpose of the system. This                  ‘‘Preparing for and Responding to a
                                                remove four purposes for the collection                 system of records covers records                      Breach of Personally Identifiable
                                                of information. Additionally, this notice               documenting inquiries received from                   Information’’ (Jan. 3, 2017). All
                                                includes non-substantive changes to                     federal, state, and local law enforcement             following routine uses are being
                                                simplify the formatting and text of the                 agencies so ICE can check the                         renumbered to account for the
                                                previously published notice. This                       immigration status and criminal history               additional routine use.
                                                modified system of records will be                      of individuals who are arrested or                       Seventh, DHS is revising the records
                                                included in DHS’s inventory of record                   otherwise encountered by those                        retention periods so that they align with
                                                systems. ICE will issue a new Privacy                   agencies; and other federal agencies for              the records retention schedule approved
                                                Act rulemaking, elsewhere in the                        screening (including as part of                       by the National Archives and Records
                                                Federal Register.                                       background checks being conducted by                  Administration (NARA).
                                                DATES: Submit comments on or before                     those agencies) to inform those agencies’                Finally, DHS is modifying this SORN
                                                June 7, 2018. This modified system of                   determinations regarding suitability for              since this system will no longer store
                                                records notice will be effective upon                   employment, access, sponsorship of an                 information pertaining to the collection,
                                                publication. New or modified routine                    unaccompanied alien child, or other                   processing, and response to public tip
                                                uses will be effective June 7, 2018.                    purposes or otherwise encountered by                  information concerning customs and
                                                                                                        those agencies.                                       immigration violations, suspicious
                                                ADDRESSES: You may submit comments,
                                                                                                           Second, DHS is adding a purpose of                 activity, or other law enforcement
                                                identified by docket number DHS–
                                                                                                        the system, as ICE will now screen                    matters. ICE will continue to collect
                                                2018–0013 by one of the following
                                                                                                        individuals seeking approval from HHS                 information about individuals reporting
                                                methods:
                                                                                                        to sponsor an unaccompanied alien                     tips, the subjects of such tips, and any
                                                   • Federal e-Rulemaking Portal: http://               child, as well as other adult members of              information ICE collects in following up
                                                www.regulations.gov. Follow the                         the potential sponsor’s household, to                 on a tip in the DHS/ICE–016 FALCON
                                                instructions for submitting comments.                   verify or ascertain citizenship or                    Search and Analysis System of Records,
                                                   • Fax: 202–343–4010.                                 immigration status, immigration history,              82 FR 20905 (May 4, 2017).
                                                   • Mail: Philip S. Kaplan, Chief                      and criminal history.                                    As a result, the following changes are
                                                Privacy Officer, Privacy Office,                           Third, DHS is clarifying that DHS may              being made: (1) Two categories of
sradovich on DSK3GMQ082PROD with NOTICES




                                                Department of Homeland Security,                        use information maintained in this                    individuals are being removed from the
                                                Washington, DC 20528–0655.                              system of records for other purposes                  system—individuals who report tips
                                                   Instructions: All submissions received               consistent with its statutory authorities.            and individuals about whom those
                                                must include the agency name and                           Fourth, this update adds a new                     reports are made; (2) two categories of
                                                docket number for this notice DHS–                      category of individuals: Those seeking                records are being removed from the
                                                2018–0013. All comments received will                   approval from HHS to sponsor an                       system—those public tip records, which
                                                be posted without change to http://                     unaccompanied alien child and/or other                consist of information contained in tips


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                                                20846                           Federal Register / Vol. 83, No. 89 / Tuesday, May 8, 2018 / Notices

                                                received from the public or other                       prohibits disclosures of covered records,             criminal justice agencies and agencies
                                                sources regarding customs and                           except as otherwise permitted by the                  conducting background checks whether
                                                immigration violations, other actual or                 Privacy Act.                                          an individual is under investigation
                                                potential violations of law, and                          Below is the description of the DHS/                and/or wanted by ICE or other criminal
                                                suspicious activities; and also records                 ICE–007 Criminal History and                          justice agencies.
                                                created pertaining to ICE’s follow-up                   Immigration Verification (CHIVe)
                                                                                                                                                              CATEGORIES OF INDIVIDUALS COVERED BY THE
                                                activities regarding a tip; (3) one routine             System of Records.
                                                                                                                                                              SYSTEM:
                                                use is being removed from the system                      In accordance with 5 U.S.C. 552a(r),
                                                that allows DHS to disclose reports of                  DHS has provided a report of this                        Categories of individuals covered in
                                                suspicious activity, tips, potential                    system of records to the Office of                    this system include:
                                                violations of law, and other relevant                   Management and Budget and to                             (1) Individuals who are the subjects of
                                                information to external law enforcement                 Congress.                                             immigration status inquiries submitted
                                                agencies; and (4) four purposes for the                                                                       to ICE or immigration checks conducted
                                                                                                        SYSTEM NAME AND NUMBER:                               by ICE, including:
                                                collection of information are being
                                                removed from the system. Purpose (4) in                   Department of Homeland Security                        A. Individuals who are encountered
                                                the prior iteration of this SORN has                    (DHS)/U.S. Immigration and Customs                    by, arrested by, under the investigation
                                                been removed as it pertains to public tip               Enforcement (ICE)–007 Criminal History                of, or in the custody of a criminal justice
                                                records. Purposes (5), (6), and (7) have                and Immigration Verification (CHIVe)                  agency.
                                                been removed since these purposes are                   System of Records.                                       B. Individuals convicted of sexual
                                                more focused on ICE’s Law Enforcement                                                                         offenses required to register as a sexual
                                                                                                        SECURITY CLASSIFICATION:                              offender.
                                                Support Center (LESC) rather than the
                                                system as a whole.                                        Unclassified.                                          C. Individuals subject to background
                                                   Information stored in the DHS/ICE–                                                                         checks or investigations by or under the
                                                                                                        SYSTEM LOCATION:
                                                007 Criminal History and Immigration                                                                          authority of a federal, state, local, tribal,
                                                                                                          Records are maintained at the ICE                   or territorial agency to determine
                                                Verification (CHIVe) System of Records
                                                                                                        Headquarters in Washington, DC and                    eligibility or suitability for employment,
                                                may be shared with other DHS
                                                                                                        ICE field offices. Records are also                   access, or other purposes.
                                                components that have a need to know
                                                                                                        maintained in the ACRIMe information                     D. Individuals applying to obtain/
                                                the information to carry out their
                                                                                                        technology system, and the DHS Data                   purchase a firearm in the United States
                                                national security, law enforcement,
                                                                                                        Centers in Washington, DC.                            and whose information has been
                                                immigration, intelligence, or other
                                                homeland security functions. In                         SYSTEM MANAGER(S):                                    submitted to ICE for the purpose of
                                                addition, ICE may share information                       Unit Chief, Law Enforcement Support                 conducting an immigration status check
                                                with appropriate federal, state, local,                 Center, U.S. Immigration and Customs                  in support of background checks
                                                tribal, territorial, foreign, or                        Enforcement, 188 Harvest Lane,                        required by the Brady Handgun
                                                international government agencies                       Williston, VT 05495; Unit Chief,                      Violence Protection Act (Brady Act) or
                                                consistent with the routine uses set                    Juvenile and Family Residential                       other applicable laws.
                                                forth in this SORN. This modified                       Management Unit, U.S. Immigration and                    (2) Individuals who are the subjects of
                                                system of records will be included in                   Customs Enforcement, 500 12th Street                  criminal arrest warrants and
                                                DHS’s inventory of record systems.                      SW, Washington, DC 20536.                             immigration lookouts that ICE has
                                                Further, ICE will issue a new rule                                                                            entered into the Federal Bureau of
                                                covering exemptions for this modified                   AUTHORITY FOR MAINTENANCE OF THE SYSTEM:              Investigation’s (FBI) National Crime
                                                SORN elsewhere in the Federal                             8 U.S.C. secs. 1103, 1226, 1227, 1228,              Information Center (NCIC) System.
                                                Register.                                               1231, 1232, 1357, 1360; 19 U.S.C. 1589a;                 (3) Individuals seeking approval from
                                                                                                        and the Brady Handgun Violence                        HHS to sponsor an unaccompanied
                                                II. Privacy Act
                                                                                                        Protection Act of 1993 (Pub. L. 103–                  alien child, and/or other adult members
                                                   The Privacy Act embodies fair                        159).                                                 of the potential sponsor’s household.
                                                information practice principles in a                                                                             (4) Law enforcement officers or other
                                                statutory framework governing the                       PURPOSE(S) OF THE SYSTEM:
                                                                                                                                                              personnel working for criminal justice
                                                means by which Federal Government                          The purposes of this system are: (1)               agencies who contact ICE for reasons
                                                agencies collect, maintain, use, and                    To assist in identifying and arresting                relating to the purposes of this system
                                                disseminate individuals’ records. The                   individuals in the United States who                  of records, or for other law enforcement
                                                Privacy Act applies to information that                 may be subject to removal under the                   assistance.
                                                is maintained in a ‘‘system of records.’’               Immigration and Nationality Act, as
                                                A ‘‘system of records’’ is a group of any               amended; (2) To respond to inquiries                  CATEGORIES OF RECORDS IN THE SYSTEM:
                                                records under the control of an agency                  from criminal justice agencies that seek                 Categories of records in this system
                                                from which information is retrieved by                  to determine the immigration status of                include:
                                                the name of an individual or by some                    an individual in the context of a                        • Biographic identifiers, other
                                                identifying number, symbol, or other                    criminal justice matter for the purpose               identifiers, and contact information
                                                identifying particular assigned to the                  of identifying and arresting those who                (e.g., name, aliases, date and place of
                                                individual. In the Privacy Act, an                      may be subject to removal; (3) To screen              birth, address, telephone number, Social
                                                individual is defined to encompass U.S.                 individuals to verify or ascertain                    Security number (SSN), Alien
                                                citizens and lawful permanent                           citizenship or immigration status,                    Registration Number (A-Number),
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                                                residents. Additionally, the Judicial                   immigration history, and criminal                     driver’s license number, other personal
                                                Redress Act (JRA) provides covered                      history to inform determinations                      identification numbers, fingerprint
                                                persons with a statutory right to make                  regarding sponsorship of                              identification number, passport
                                                requests for access and amendment to                    unaccompanied alien children who are                  number);
                                                covered records, as defined by the JRA,                 in the care and custody of HHS and to                    • Visa, border, immigration and
                                                along with judicial review for denials of               identify and arrest those who may be                  citizenship information (e.g., citizenship
                                                such requests. In addition, the JRA                     subject to removal; and (4) To inform                 and/or immigration status, application


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                                                                                Federal Register / Vol. 83, No. 89 / Tuesday, May 8, 2018 / Notices                                               20847

                                                for benefit information, visa and travel                RECORD SOURCE CATEGORIES:                             connection with DHS’s efforts to
                                                history);                                                  Records are obtained from ICE, other               respond to the suspected or confirmed
                                                  • Criminal history information (e.g.,                 federal, state, local, tribal, foreign, and           breach or to prevent, minimize, or
                                                FBI number, booking number, current                     international criminal justice entities               remedy such harm.
                                                charge[s], custodial status, past offenses              (e.g., law enforcement agencies,                         F. To another Federal agency or
                                                and convictions);                                       investigators, prosecutors, correctional              Federal entity, when DHS determines
                                                  • NCIC hit confirmation records,                      institutions, police departments, and                 that information from this system of
                                                which consist of information supporting                 parole boards), and other Federal                     records is reasonably necessary to assist
                                                the entry of criminal warrants or                       Government agencies.                                  the recipient agency or entity in (1)
                                                immigration lookouts into the NCIC                                                                            responding to a suspected or confirmed
                                                                                                        ROUTINE USES OF RECORDS MAINTAINED IN THE             breach or (2) preventing, minimizing, or
                                                system, such as criminal arrest warrant                 SYSTEM, INCLUDING CATEGORIES OF USERS AND
                                                information, fingerprints and                                                                                 remedying the risk of harm to
                                                                                                        PURPOSES OF SUCH USES:
                                                photographs, other information                                                                                individuals, the recipient agency or
                                                                                                           In addition to those disclosures                   entity (including its information
                                                identifying the individual, and records
                                                                                                        generally permitted under 5 U.S.C.                    systems, programs, and operations), the
                                                reflecting the purpose/basis for the
                                                                                                        552a(b) of the Privacy Act, all or a                  Federal Government, or national
                                                warrant or lookout. Records of inquiries
                                                                                                        portion of the records or information                 security, resulting from a suspected or
                                                received from criminal justice agencies
                                                                                                        contained in this system may be                       confirmed breach.
                                                regarding potential matches against ICE-
                                                                                                        disclosed outside DHS as a routine use                   G. To contractors and their agents,
                                                created NCIC records, and records
                                                                                                        pursuant to 5 U.S.C. 552a(b)(3) as                    grantees, experts, consultants, and
                                                pertaining to ICE’s research, resolution,
                                                                                                        follows:                                              others performing or working on a
                                                and response to those inquiries;
                                                                                                           A. To the Department of Justice (DOJ),             contract, service, grant, cooperative
                                                  • Background investigation records,                   including the U.S. Attorneys Offices, or
                                                which consist of identifying and other                                                                        agreement, or other assignment for DHS,
                                                                                                        other federal agency conducting                       when necessary to accomplish an
                                                information received from agencies                      litigation or proceedings before any                  agency function related to this system of
                                                requesting an immigration status check                  court, adjudicative, or administrative                records. Individuals provided
                                                and/or criminal history check on                        body, when it is relevant or necessary to             information under this routine use are
                                                individuals as part of a background                     the litigation and one of the following               subject to the same Privacy Act
                                                check for employment, gun ownership,                    is a party to the litigation or has an                requirements and limitations on
                                                or other reasons; research conducted by                 interest in such litigation:                          disclosure as are applicable to DHS
                                                ICE during the conduct of the                              1. DHS or any component thereof;                   officers and employees.
                                                immigration status check; and ICE’s                        2. Any employee or former employee                    H. To an appropriate federal, state,
                                                research, resolution, and response to                   of DHS in his/her official capacity;                  tribal, local, international, or foreign law
                                                those inquiries;                                           3. Any employee or former employee                 enforcement agency or other appropriate
                                                  • Sponsor screening records, which                    of DHS in his/her individual capacity,                authority charged with investigating or
                                                consist of identifying and other                        only when DOJ or DHS has agreed to                    prosecuting a violation or enforcing or
                                                information received from HHS                           represent the employee; or                            implementing a law, rule, regulation, or
                                                regarding potential sponsors of                            4. The United States or any agency                 order, when a record, either on its face
                                                unaccompanied alien children and                        thereof.                                              or in conjunction with other
                                                other adult members of the potential                       B. To a congressional office from the              information, indicates a violation or
                                                sponsor’s household; research                           record of an individual in response to                potential violation of law, which
                                                conducted by ICE during such                            an inquiry from that congressional office             includes criminal, civil, or regulatory
                                                screening; and ICE’s response to those                  made at the request of the individual to              violations and such disclosure is proper
                                                inquiries.                                              whom the record pertains.                             and consistent with the official duties of
                                                  • Biometric identifiers (potential                       C. To the National Archives and                    the person making the disclosure.
                                                sponsors for unaccompanied alien                        Records Administration (NARA) or                         I. To federal, state, local, tribal,
                                                children and other adult members of the                 General Services Administration                       territorial, foreign, or international
                                                potential sponsors’ household only);                    pursuant to records management                        agencies, if the information is relevant
                                                  • Criminal justice immigration status                 inspections being conducted under the                 and necessary to a requesting agency’s
                                                check records, which consist of                         authority of 44 U.S.C. 2904 and 2906.                 decision concerning individuals who
                                                identifying and other information                          D. To an agency or organization for                are being screened with respect to their
                                                received from criminal justice agencies                 the purpose of performing audit or                    participation in, attendance at, or other
                                                requesting an immigration status check                  oversight operations as authorized by                 relation to a national or special security
                                                on individuals in the context of a                      law, but only such information as is                  event.
                                                criminal justice matter; prioritization of              necessary and relevant to such audit or                  J. To domestic governmental agencies
                                                requests; research conducted by ICE                     oversight function.                                   seeking to determine the immigration
                                                during the conduct of the immigration                      E. To appropriate agencies, entities,              status of persons who have applied to
                                                status check; and ICE’s research,                       and persons when (1) DHS suspects or                  purchase/obtain a firearm in the United
                                                resolution, and response to those                       has confirmed that there has been a                   States, pursuant to checks conducted on
                                                inquiries;                                              breach of the system of records; (2) DHS              such persons under the Brady Handgun
                                                  • Information received pursuant to                    has determined that as a result of the                Violence Prevention Act or other
                                                the activities supported by this system                 suspected or confirmed breach there is
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                                                                                                                                                              applicable laws.
                                                of records, including leads for ICE                     a risk of harm to individuals, DHS                       K. To federal, state, local, tribal,
                                                investigations and referrals to other                   (including its information systems,                   territorial, or international agencies
                                                agencies; and                                           programs, and operations), the Federal                seeking to verify or ascertain the
                                                  • Identification and authentication                   Government, or national security; and                 citizenship or immigration status of any
                                                information for law enforcement officers                (3) the disclosure made to such                       individual within the jurisdiction of the
                                                or other criminal justice personnel who                 agencies, entities, and persons is                    agency for any purpose authorized by
                                                contact ICE.                                            reasonably necessary to assist in                     law.


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                                                20848                           Federal Register / Vol. 83, No. 89 / Tuesday, May 8, 2018 / Notices

                                                   L. To courts, magistrates,                           clearance process as set forth in the                    1. To assist in making a determination
                                                administrative tribunals, opposing                      Circular.                                             regarding redress for an individual in
                                                counsel, parties, and witnesses, in the                    R. To the U.S. Senate Committee on                 connection with the operations of a DHS
                                                course of immigration, civil, or criminal               the Judiciary or the U.S. House of                    component or program;
                                                proceedings (including discovery,                       Representatives Committee on the                         2. To verify the identity of an
                                                presentation of evidence, and settlement                Judiciary when necessary to inform                    individual seeking redress in
                                                negotiations) and when DHS determines                   members of Congress about an alien                    connection with the operations of a DHS
                                                that use of such records is relevant and                who is being considered for private                   component or program; or
                                                necessary to the litigation before a court              immigration relief.                                      3. To verify the accuracy of
                                                or adjudicative body when any of the                       S. To the Department of State when it              information submitted by an individual
                                                following is a party to or have an                      requires information to consider and/or               who has requested such redress on
                                                interest in the litigation:                             provide an informed response to a                     behalf of another individual.
                                                   1. DHS or any component thereof;                     request for information from a foreign,                  Z. To federal, state, local, tribal,
                                                   2. Any employee of DHS in his/her                    international, or intergovernmental                   territorial, foreign, or international
                                                official capacity;                                      agency, authority, or organization about              agencies, if the information is relevant
                                                                                                        an alien or an enforcement operation                  and necessary to a requesting agency’s
                                                   3. Any employee of DHS in his/her
                                                                                                        with transnational implications.                      decision concerning the hiring or
                                                individual capacity when the
                                                                                                                                                              retention of an individual, or the
                                                Government has agreed to represent the                     T. To federal, state, local, territorial,
                                                                                                                                                              issuance, grant, renewal, suspension, or
                                                employee; or                                            tribal, international, or foreign criminal,
                                                                                                                                                              revocation of a security clearance,
                                                   4. The United States, when DHS                       civil, or regulatory law enforcement
                                                                                                                                                              license, contract, grant, or other benefit;
                                                determines that litigation is likely to                 authorities when the information is
                                                                                                                                                              or to the extent necessary to obtain
                                                affect DHS or any of its components.                    necessary for collaboration,
                                                                                                                                                              information relevant and necessary to a
                                                   M. To the DOJ, Federal Bureau of                     coordination, and de-confliction of
                                                                                                                                                              DHS decision concerning the hiring or
                                                Prisons (BOP), and other federal, state,                investigative matters, prosecutions, and/
                                                                                                                                                              retention of an employee, the issuance
                                                local, territorial, tribal, and foreign law             or other law enforcement actions to
                                                                                                                                                              of a security clearance, the reporting of
                                                enforcement or custodial agencies for                   avoid duplicative or disruptive efforts
                                                                                                                                                              an investigation of an employee, the
                                                the purpose of placing an immigration                   and to ensure the safety of law
                                                                                                                                                              letting of a contract, or the issuance of
                                                detainer on an individual in that                       enforcement officers who may be
                                                                                                                                                              a license, grant or other benefit.
                                                agency’s custody, or to facilitate the                  working on related law enforcement                       AA. To federal, state, local, tribal,
                                                transfer of custody of an individual to                 matters.                                              territorial, foreign, or international
                                                DHS from the other agency.                                 U. To federal, state, local, tribal,               agencies, if DHS determines (1) the
                                                   N. To a former employee of DHS for                   territorial, or foreign government                    information is relevant and necessary to
                                                purposes of responding to an official                   agencies or entities or multinational                 the agency’s decision concerning the
                                                inquiry by federal, state, local, tribal,               government agencies, with the approval                hiring or retention of an individual, or
                                                territorial government agencies, or                     of the Chief Privacy Officer, when DHS                the issuance of a security clearance,
                                                professional licensing authorities; or                  desires to exchange relevant data for the             license, contract, grant, or other benefit,
                                                facilitating communications with a                      purpose of developing, testing, or                    and (2) failure to disclose the
                                                former employee that may be relevant                    implementing new software or                          information is likely to create a risk to
                                                and necessary for personnel-related or                  technology whose purpose is related to                government facilities, equipment, or
                                                other official purposes when DHS                        this system of records.                               personnel; sensitive information; critical
                                                requires information or consultation                       V. To prospective claimants and their              infrastructure; or the public safety.
                                                assistance from the former employee                     attorneys for the purpose of negotiating                 BB. To federal, state, local, tribal,
                                                regarding a matter within that person’s                 the settlement of an actual or                        territorial, foreign, or international
                                                former area of responsibility.                          prospective claim against DHS or its                  agencies seeking information on the
                                                   O. To federal, state, local, tribal,                 current or former employees, in advance               subjects of wants, warrants, or lookouts,
                                                territorial, or foreign government                      of the initiation of formal litigation or             or any other subject of interest, for
                                                agencies, as well as to other individuals               proceedings.                                          purposes related to administering or
                                                and organizations during the course of                     W. To federal and foreign government               enforcing the law, national security,
                                                an investigation by DHS or the                          intelligence or counterterrorism                      immigration, or intelligence, when
                                                processing of a matter under DHS’s                      agencies or components when DHS                       consistent with a DHS mission-related
                                                jurisdiction, or during a proceeding                    becomes aware of an indication of a                   function.
                                                within the purview of the immigration                   threat or potential threat to national or                CC. To federal, state, local, tribal,
                                                and nationality laws, when DHS deems                    international security, or when such                  territorial, or foreign government
                                                that such disclosure is necessary to                    disclosure is to support the conduct of               agencies or organizations, or
                                                carry out its functions and statutory                   national intelligence and security                    international organizations, lawfully
                                                mandates or to elicit information                       investigations or to assist in anti-                  engaged in collecting law enforcement
                                                required by DHS to carry out its                        terrorism efforts.                                    intelligence, whether civil or criminal,
                                                functions and statutory mandates.                          X. To the DOJ, Federal Bureau of                   to enable these entities to carry out their
                                                   P. To international, foreign,                        Investigation (FBI) in order to facilitate            law enforcement responsibilities,
                                                intergovernmental, and multinational                    responses to fingerprint-based                        including the collection of law
                                                government agencies, authorities, and                   immigration status queries that are sent
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                                                                                                                                                              enforcement intelligence.
                                                organizations in accordance with law                    to ICE, including queries that the FBI                   DD. To foreign governments in order
                                                and formal or informal international                    sends on behalf of another agency.                    to notify them concerning an alien who
                                                arrangements.                                              Y. To federal, state, local, tribal,               is incapacitated, an unaccompanied
                                                   Q. To OMB in connection with the                     territorial, international, or foreign                minor, or deceased.
                                                review of private relief legislation as set             government agencies or entities for the                  EE. To federal, state, local, tribal, and
                                                forth in OMB Circular No. A–19 at any                   purpose of consulting with that agency                territorial courts or government agencies
                                                stage of the legislative coordination and               or entity:                                            involved in criminal investigation or


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                                                                                Federal Register / Vol. 83, No. 89 / Tuesday, May 8, 2018 / Notices                                            20849

                                                prosecution, pretrial services,                         POLICIES AND PRACTICES FOR RETRIEVAL OF               (FOIA) Officer, whose contact
                                                sentencing, parole, probation, bail                     RECORDS:                                              information can be found at http://
                                                bonds, child welfare services, or any                     DHS/ICE retrieves records by                        www.dhs.gov/foia under ‘‘Contact
                                                other aspect of the criminal justice                    personal, biographic, or biometric                    Information.’’ If an individual believes
                                                process, and to counsel representing an                 identifiers such as name, date of birth,              more than one component maintains
                                                individual in a criminal, civil, or child               place of birth, address, A-Number(s),                 Privacy Act records concerning him or
                                                welfare proceeding, in order to ensure                  FBI criminal history number(s), Social                her, the individual may submit the
                                                the integrity of the justice system by                  Security number, Fingerprint                          request to the Chief Privacy Officer and
                                                informing these recipients of the                       Identification Number, and passport                   Chief Freedom of Information Act
                                                existence of an immigration detainer on                 number.                                               Officer, Department of Homeland
                                                that individual or that individual’s                                                                          Security, Washington, DC 20528–0655.
                                                                                                        POLICIES AND PRACTICES FOR RETENTION AND
                                                status in removal proceedings,                                                                                Even if neither the Privacy Act nor the
                                                                                                        DISPOSAL OF RECORDS:
                                                including removal, voluntary departure,                                                                       JRA provides a right of access, certain
                                                or custodial status/location. Disclosure                   In accordance with Records Control                 records about the individual may be
                                                of that individual’s Alien Registration                 Schedule DAA–0567–2017–0002, ICE                      available under FOIA.
                                                Number (A-Number) and country of                        retains the Immigration Alien Query                      When an individual is seeking records
                                                birth is also authorized to facilitate use              (IAQ) and Immigration Alien Response                  about himself or herself from this
                                                of the ICE Online Detainee Locator                      (IAR) records pertaining to traditional               system of records or any other
                                                System by the aforementioned                            law enforcement checks, non-criminal                  Departmental system of records, the
                                                individuals and agencies. This routine                  biographical and biometric                            individual’s request must conform with
                                                use does not authorize disclosure to bail               investigations; and ICE-generated FBI                 the Privacy Act regulations set forth in
                                                bond companies or agents.                               NCIC records for seventy-five (75) years.             6 CFR part 5. The individual must first
                                                                                                        Records collected pursuant to the Brady               verify his or her identity, meaning that
                                                   FF. To appropriate federal, state,                   Act, special security events, and OPM
                                                local, tribal, foreign or international                                                                       the individual must provide his or her
                                                                                                        checks will be kept for five (5) years                full name, current address, and date and
                                                criminal justice agencies, or other                     from the date an immigration status
                                                authorized users of NCIC, to respond to                                                                       place of birth. The individual must sign
                                                                                                        determination is made and an IAR                      the request, and the individual’s
                                                inquiries regarding a person who is or                  returned, after which the records will be
                                                may be the subject of an ICE-generated                                                                        signature must either be notarized or
                                                                                                        deleted from the ACRIMe information                   submitted under 28 U.S.C. 1746, a law
                                                NCIC criminal arrest warrant or                         technology system. Furthermore, ICE is
                                                immigration lookout record.                                                                                   that permits statements to be made
                                                                                                        proposing to NARA to maintain records                 under penalty of perjury as a substitute
                                                   GG. To the U.S. Department of Health                 pertaining to the sponsorship of                      for notarization. While no specific form
                                                and Human Services (HHS), the                           unaccompanied alien children for five                 is required, an individual may obtain
                                                citizenship or immigration status,                      (5) years. Until these records are                    forms for this purpose from the Chief
                                                immigration history, criminal history                   officially scheduled, they will be treated            Privacy Officer and Chief FOIA Officer,
                                                information, and other biographic                       as permanent and cannot be deleted.                   http://www.dhs.gov/foia or 1–866–431–
                                                information of potential sponsors for                                                                         0486. In addition, the individual
                                                unaccompanied alien children and                        ADMINISTRATIVE, TECHNICAL, AND PHYSICAL
                                                                                                        SAFEGUARDS:                                           should:
                                                other adult members of the potential                                                                             • Explain why he or she believe the
                                                sponsors’ households to inform an HHS                     DHS/ICE safeguards records in this
                                                                                                                                                              Department would have information
                                                determination regarding sponsorship of                  system according to applicable rules
                                                                                                                                                              being requested;
                                                an unaccompanied alien child.                           and policies, including all applicable                   • Identify which component(s) of the
                                                                                                        DHS automated systems security and                    Department the individual believes may
                                                   HH. To the news media and the
                                                                                                        access policies. ICE has imposed strict               have the information about him or her;
                                                public, with the approval of the Chief
                                                                                                        controls to minimize the risk of                         • Specify when the individual
                                                Privacy Officer in consultation with
                                                                                                        compromising the information that is                  believes the records would have been
                                                counsel, when there exists a legitimate
                                                                                                        being stored. Access to the computer                  created; and
                                                public interest in the disclosure of the
                                                                                                        system containing the records in this                    • Provide any other information that
                                                information, when disclosure is
                                                                                                        system is limited to those individuals                will help the FOIA staff determine
                                                necessary to preserve confidence in the
                                                                                                        who have a need to know the                           which DHS component agency may
                                                integrity of DHS, or when disclosure is
                                                                                                        information for the performance of their              have responsive records;
                                                necessary to demonstrate the
                                                                                                        official duties and who have appropriate                 If an individual’s request is seeking
                                                accountability of DHS’s officers,
                                                                                                        clearances or permissions.                            records pertaining to another living
                                                employees, or individuals covered by
                                                the system, except to the extent the                    RECORD ACCESS PROCEDURES:
                                                                                                                                                              individual, the first individual must
                                                Chief Privacy Officer determines that                                                                         include a statement from the second
                                                                                                          The Secretary of Homeland Security                  individual certifying his/her agreement
                                                release of the specific information in the              has exempted this system from the
                                                context of a particular case would                                                                            for the first individual to access his or
                                                                                                        notification, access, and amendment                   her records.
                                                constitute a clearly unwarranted                        procedures of the Privacy Act, and the
                                                invasion of personal privacy.                                                                                    Without the above information, the
                                                                                                        JRA if applicable, because it is a law                component(s) may not be able to
                                                                                                        enforcement system. However, DHS/ICE                  conduct an effective search, and the
                                                POLICIES AND PRACTICES FOR STORAGE OF
                                                                                                        will consider individual requests to
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                                                RECORDS:                                                                                                      individual’s request may be denied due
                                                                                                        determine whether or not information                  to lack of specificity or lack of
                                                  DHS/ICE stores records in this system                 may be released. Thus, individuals                    compliance with applicable regulations.
                                                electronically or on paper in secure                    seeking access to and notification of any
                                                facilities in a locked drawer behind a                  record contained in this system of                    CONTESTING RECORD PROCEDURES:
                                                locked door. The records may be stored                  records, or seeking to contest its                      Individuals who wish to contest the
                                                on magnetic disc, tape, and digital                     content, may submit a request in writing              accuracy of records in this system of
                                                media.                                                  to the ICE Freedom of Information Act                 records should submit these requests to


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                                                20850                                         Federal Register / Vol. 83, No. 89 / Tuesday, May 8, 2018 / Notices

                                                the ICE Office of Information                                                HISTORY:                                                                  speech impairments may access this
                                                Governance and Privacy—Privacy                                                 78 FR 10623 (Feb. 14, 2013); 75 FR                                      number through TTY by calling the toll-
                                                Division. Requests must comply with                                          8377 (Feb. 24, 2010); 74 FR 45079 (Aug.                                   free Federal Relay Service at (800) 877–
                                                verification of identity requirements set                                    31, 2009); 73 FR 74739 (Dec. 9, 2008).                                    8339.
                                                forth in DHS Privacy Act regulations at                                      Philip S. Kaplan,                                                         FOR FURTHER INFORMATION CONTACT:
                                                6 CFR 5.21(d). Please specify the nature                                     Chief Privacy Officer, Department of                                      Allen Villafuerte, Managing Attorney,
                                                of the complaint and provide any                                             Homeland Security.                                                        Office of Litigation, Office of General
                                                supporting documentation. By mail                                            [FR Doc. 2018–09902 Filed 5–7–18; 8:45 am]                                Counsel, Department of Housing and
                                                (please note substantial delivery delays                                     BILLING CODE 9111–28–P
                                                                                                                                                                                                       Urban Development, 451 7th Street SW,
                                                exist): ICE Office of Information                                                                                                                      Room 10258, Washington, DC 20410–
                                                Governance and Privacy—Privacy                                                                                                                         0500, telephone (202 708–0300) (this is
                                                Division, 500 12th Street SW, Mail Stop                                      DEPARTMENT OF HOUSING AND                                                 not a toll-free number).
                                                5004, Washington, DC 20536. By email:                                        URBAN DEVELOPMENT                                                         SUPPLEMENTARY INFORMATION: This
                                                ICEPrivacy@ice.dhs.gov. Please contact                                                                                                                 notice informs the public that HUD is
                                                                                                                             [Docket No. FR–7000–N–01]                                                 seeking approval from OMB for the
                                                the Privacy Division with any questions
                                                about submitting a request or complaint                                      60 Day Notice of Proposed Information                                     information collection described in
                                                at 202–732–3300 or ICEPrivacy@                                               Collection; Production of Material or                                     Section A.
                                                ice.dhs.gov.                                                                 Provision of Testimony by HUD in                                          A. Overview of Information Collection
                                                                                                                             Response to Demands in Legal
                                                NOTIFICATION PROCEDURES:                                                     Proceedings Among Private Litigants                                          Title of Information Collection:
                                                                                                                                                                                                       Production of Material or Provision of
                                                   See ‘‘Record Access Procedures.’’                                         AGENCY:         Office of the General Counsel,                            Testimony in Response to Demands in
                                                                                                                             HUD.                                                                      Legal Proceedings Among Private
                                                EXEMPTIONS PROMULGATED FOR THE SYSTEM:
                                                                                                                             ACTION:       Notice.                                                     Litigants.
                                                   The Secretary of Homeland Security,                                                                                                                    OMB Approval Number: 2510–0014.
                                                pursuant to 5 U.S.C. 552a(j)(2), has                                         SUMMARY:    HUD is seeking approval from                                     Type of Request: Reinstatement of
                                                                                                                             the Office of Management and Budget                                       collection.
                                                exempted this system from the
                                                                                                                             (OMB) for the information collection                                         Form Number: None. Please see 24
                                                following provisions of the Privacy Act:
                                                                                                                             described below. In accordance with the                                   CFR 15.203.
                                                5 U.S.C. 552a(c)(3), (c)(4); (d); (e)(1),                                    Paperwork Reduction Act, HUD is
                                                (e)(2), (e)(3), (e)(4)(G), (e)(4)(H), (e)(4)(I),                                                                                                          Description of the need for the
                                                                                                                             requesting comment from all interested
                                                (e)(5), and (e)(8); (f); and (g).                                                                                                                      information and proposed use:
                                                                                                                             parties on the proposed collection of
                                                Additionally, the Secretary of Homeland                                                                                                                   Section 15.203 of HUD’s regulations
                                                                                                                             information. The purpose of this notice
                                                Security, pursuant to 5 U.S.C.                                                                                                                         in 24 CFR specify the manner in which
                                                                                                                             is to allow for 60 days of public
                                                552a(k)(2), has exempted this system                                                                                                                   demands for documents and testimony
                                                                                                                             comment.
                                                from the following provisions of the                                                                                                                   from the Department should be made.
                                                                                                                             DATES: Comments Due Date: July 9,                                         Providing the information specified in
                                                Privacy Act: 5 U.S.C. 552a(c)(3), (d), and
                                                                                                                             2018.                                                                     24 CFR 15.203 allows the Department to
                                                (e)(1), (e)(4)(G), (e)(4)(H), and (f). Rules
                                                have been promulgated in accordance                                          ADDRESSES: Interested persons are                                         more promptly identify documents and
                                                with the requirements of 5 U.S.C.                                            invited to submit comments regarding                                      testimony which a requestor may be
                                                                                                                             this proposal. Comments should refer to                                   seeking and determine whether the
                                                553(b), (c), and (e) and have been
                                                                                                                             the proposal by name and/or OMB                                           Department should produce such
                                                published in the Federal Register as
                                                                                                                             Control Number and should be sent to:                                     documents and testimony.
                                                additions to Title 28, Code of Federal
                                                                                                                             Colette Pollard, Reports Management                                          Members of affected public: All types
                                                Regulations (28 CFR 16.99). In addition,
                                                                                                                             Officer, QDAM, Department of Housing                                      of entities, private and non-profit
                                                to the extent a record contains                                                                                                                        organizations, individuals and
                                                                                                                             and Urban Development, 451 7th Street
                                                information from other exempt systems                                        SW, Room 4176, Washington, DC                                             households.
                                                of records, ICE will rely on the                                             20410–5000; telephone 202–402–3400                                           Estimation of the total numbers of
                                                exemptions claimed for those systems.                                        (this is not a toll-free number) or email                                 hours needed to prepare the information
                                                                                                                             at Colette.Pollard@hud.gov for a copy of                                  collection including number of
                                                                                                                             the proposed forms or other available                                     respondents, frequency of response, and
                                                                                                                             information. Persons with hearing or                                      hours of response:

                                                                                                                                                                                                      Frequency of      Hours per     Total burden
                                                                                                      Number of respondents                                                                             response        response         hours

                                                106 ...............................................................................................................................................              1              1.5            159



                                                B. Solicitation of Public Comment                                            the agency, including whether the                                           (4) Ways to minimize the burden of
                                                                                                                             information will have practical utility;                                  the collection of information on those
                                                   This notice is soliciting comments
sradovich on DSK3GMQ082PROD with NOTICES




                                                                                                                               (2) The accuracy of the agency’s                                        who are to respond; including through
                                                from members of the public and affected
                                                parties concerning the collection of                                         estimate of the burden of the proposed                                    the use of appropriate automated
                                                information described in Section A on                                        collection of information;                                                collection techniques or other forms of
                                                the following:                                                                                                                                         information technology, e.g., permitting
                                                                                                                               (3) Ways to enhance the quality,
                                                   (1) Whether the proposed collection                                                                                                                 electronic submission of responses.
                                                                                                                             utility, and clarity of the information to
                                                of information is necessary for the                                          be collected; and
                                                proper performance of the functions of


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Document Created: 2018-05-08 01:31:57
Document Modified: 2018-05-08 01:31:57
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice of Modified System of Records.
DatesSubmit comments on or before June 7, 2018. This modified system of records notice will be effective upon publication. New or modified routine uses will be effective June 7, 2018.
ContactFor general questions, please contact: Amber Smith, Privacy Officer, U.S. Immigration and Customs Enforcement, Washington, DC 20536-5600, (202) 732-3300, [email protected] For privacy questions, please contact: Philip S. Kaplan, [email protected], (202) 343-1717, Chief Privacy Officer, Privacy Office, Department of Homeland Security, Washington, DC 20528-0655.
FR Citation83 FR 20844 

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