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[Federal Register: December 21, 2009 (Volume 74, Number =
243)]
[Notices]              =20
[Page 67891-67894]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr21de09-58]                        =20

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DEPARTMENT OF HOMELAND SECURITY

Office of the Secretary

[Docket No. DHS-2009-0144]

=20
Privacy Act of 1974; U.S. Immigration and Customs Enforcement,=20
DHS/ICE-004 Bond Management Information System (BMIS) System of Records

AGENCY: Privacy Office; DHS.

ACTION: Notice of amended Privacy Act system of records.

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SUMMARY: In accordance with the Privacy Act of 1974, the Department of=20
Homeland Security proposes to amend a U.S. Immigration and Customs=20
Enforcement system of records titled DHS/ICE-004 Bond Management=20
Information System (Sept. 11, 2008) to expand the categories of=20
records. The categories of records have been updated to include the=20
collection of certain additional information about individuals who post=20
cash bonds for the release of detained aliens in the custody of U.S.=20
Immigration and Customs Enforcement.

DATES: The established system of records will be effective January 20,=20
2010. Written comments must be submitted on or before January 20, 2010.

ADDRESSES: You may submit comments, identified by DHS-2009-0144 by one=20
of the following methods:
     Federal e-Rulemaking Portal: http://fr=
webgate.access.gpo.gov/cgi-bin/leaving.cgi?from=3DleavingFR.html&log=3D=
linklog&to=3Dhttp://www.regulations.gov.=20
Follow the instructions for submitting comments.
     Fax: 703-483-2999.
     Mail: Mary Ellen Callahan, Chief Privacy Officer, Privacy=20
Office, Department of Homeland Security, Washington, DC 20528.
     Instructions: All submissions received must include the=20
agency name and docket number for this rulemaking. All comments=20
received will be posted without change to http://fr=
webgate.access.gpo.gov/cgi-bin/leaving.cgi?from=3DleavingFR.html&log=3D=
linklog&to=3Dhttp://www.regulations.gov,=20
including any personal information provided.
     Docket: For access to the docket to read background=20
documents or comments received go to http://fr=
webgate.access.gpo.gov/cgi-bin/leaving.cgi?from=3DleavingFR.html&log=3D=
linklog&to=3Dhttp://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Lyn Rahilly, Privacy Officer, U.S.=20
Immigration and Customs Enforcement, 500 12th Street, SW., Washington,=20
DC 20536 (202-732-3300), or Mary Ellen Callahan, Chief Privacy Officer,=20
Privacy Office, U.S. Department of Homeland Security, Washington, DC=20
20528 (703-235-0780).

SUPPLEMENTARY INFORMATION:

I. Background

    In accordance with the Privacy Act of 1974, the Department of=20
Homeland Security (DHS) proposes to amend a U.S. Immigration and=20
Customs Enforcement (ICE) system of records titled DHS/ICE-004 Bond=20
Management Information System (73 FR 52865, Sept. 11, 2008) to expand=20
the categories of records and to update the address of one of the=20
system managers. This system of records contains paper and electronic=20
records maintained by ICE to support its immigration bond=20
administration and financial management activities related to the=20
immigration bonds that are posted for detained aliens. The system of=20
records is being amended to include the collection of certain=20
additional information about individuals who post cash bonds for the=20
release of detained aliens in ICE custody (called ``obligors''),=20
specifically the obligor's citizenship or immigration status, and the=20
type and number of government-issued identification used by the obligor=20
when posting the cash bond.
    Some of the information in this system of records is maintained in=20
BMIS-Web, an immigration bond management database used by the ICE=20
Office of Financial Management to track the life cycle of immigration=20
bonds from the time an individual posts the bond at an ICE Detention=20
and Removal Operations (DRO) field office until the bond is considered=20
closed. The BMIS Web PIA was recently updated to reflect (1) the=20
collection of additional information from the obligor as described=20
above, (2) the establishment of new system connections with the ICE=20
eBONDS application and ICE Federal Financial Management System (FFMS),=20
and (3) the termination of a system connection due to the retirement of=20
an ICE system known as the Debt Collection System (DCOS). The BMIS Web=20
PIA Update is available on the Department of Homeland Security (DHS)=20
Privacy Office Web site at http://fr=
webgate.access.gpo.gov/cgi-bin/leaving.cgi?from=3DleavingFR.html&log=3D=
linklog&to=3Dhttp://www.dhs.gov/privacy.

[[Page 67892]]

II. Privacy Act

    The Privacy Act embodies fair information principles in a statutory=20
framework governing the means by which the United States Government=20
collects, maintains, uses, and disseminates personally identifiable=20
information. The Privacy Act applies to information that is maintained=20
in a ``system of records.'' A ``system of records'' is a group of any=20
records under the control of an agency for which information is=20
retrieved by the name of an individual or by some identifying number,=20
symbol, or other identifying particular assigned to the individual. In=20
the Privacy Act, an individual is defined to encompass United States=20
citizens and lawful permanent residents. As a matter of policy, DHS=20
extends administrative Privacy Act protections to all individuals where=20
systems of records maintain information on U.S. citizens, lawful=20
permanent residents, and visitors. Individuals may request access to=20
their own records that are maintained in a system of records in the=20
possession or under the control of DHS by complying with DHS Privacy=20
Act regulations, 6 CFR part 5.
    The Privacy Act requires each agency to publish in the Federal=20
Register a description denoting the type and character of each system=20
of records that the agency maintains, and the routine uses that are=20
contained in each system in order to make agency record keeping=20
practices transparent, to notify individuals regarding the uses to=20
which personally identifiable information is put, and to assist=20
individuals to more easily find such files within the agency. Below is=20
the description of the BMIS system of records.
    In accordance with 5 U.S.C. 552a(r), DHS has provided a report of=20
this amended system of records to the Office of Management and Budget=20
and to Congress.

System of Records:
    DHS/ICE-004.

System name:
    Bond Management Information System.

Security classification:
    Unclassified.

System location:
    Records are maintained at U.S. Immigration and Customs Enforcement=20
(ICE) Headquarters in Washington, DC; ICE Office of Financial=20
Management facilities in Williston, Vermont; and ICE field offices.

Categories of individuals covered by the system:
    Categories of individuals covered by this system include:=20
individuals who post cash immigration bonds for aliens (known as=20
obligors); aliens for whom an immigration bond is posted (known as=20
bonded aliens); individuals that arrange for the posting of surety=20
bonds for aliens (known as indemnitors); individual bond agents who=20
post surety bonds; and notaries public and attorneys.

Categories of records in the system:
    For the Obligor: name; Social Security Number/Tax Identification=20
Number; address; phone number; U.S. citizenship or immigration status;=20
and government-issued identification (type and number) shown at the=20
time the bond is posted.
    For the Bonded Alien: name; alien number; location (while in=20
detention); address(es) and phone number of residence upon release;=20
date and country of birth; nationality; and date and port of arrival;
    For the Indemnitor: name; address(es); and phone number.
    For the Bonding Agent: name; Tax Identification Number;=20
address(es); and phone number.
    General bond information, including: bond number; bond amount;=20
securities pledged; bond types; bond status; location and date of=20
posted bond; dates for bond-related activities, such as declaration of=20
breach; names and titles of DHS officials that approve, cancel, or=20
declare breaches of bonds; names and contact information for notary=20
public and attorney in fact; information such as dates, forms, status=20
and outcome, concerning motions to reconsider a breach or cancellation=20
of bonds; and information such as dates, forms, status and outcome,=20
about bond-related appeals.

Authority for maintenance of the system:
    Sections 103, 213, 236, 240B, and 293 of the Immigration and=20
Nationality Act, as amended (8 U.S.C. 1103, 1183, 1226, 1229c, and=20
1363, respectively).

Purpose(s):
    The purpose of this system is to maintain records related to the=20
administration and financial management operations of ICE's immigration=20
bond program. Immigration bond administration includes the issuance,=20
maintenance, cancellation, and revocation of bonds. Financial=20
management operations include collection, reimbursement or forfeiture=20
of the bond principal, and calculation and payment of interest,=20
including issuance of IRS Form 1099 to the obligor reflecting interest=20
paid on the bond.

Routine uses of records maintained in the system, including categories=20
of users and the purposes of such uses:
    In addition to those disclosures generally permitted under 5 U.S.C.=20
552a(b) of the Privacy Act, all or a portion of the records or=20
information contained in this system may be disclosed outside DHS as a=20
routine use pursuant to 5 U.S.C. 552a(b)(3) as follows:
    A. To the Department of Justice or other Federal agency conducting=20
litigation or in proceedings before any court, adjudicative or=20
administrative body, when (1) DHS or any component thereof; (2) any=20
employee of DHS in his/her official capacity; (3) any employee of DHS=20
in his/her individual capacity where DOJ or DHS has agreed to represent=20
the employee; or (4) the United States or any agency thereof, is a=20
party to the litigation or has an interest in such litigation; and DHS=20
determines that the records are both relevant and necessary to the=20
litigation and the use of such records is compatible with the purpose=20
for which DHS collected the records.
    B. To a congressional office from the record of an individual in=20
response to an inquiry from that congressional office made at the=20
request of the individual to whom the record pertains.
    C. To the National Archives and Records Administration or other=20
Federal government agencies pursuant to records management inspections=20
being conducted under the authority of 44 U.S.C. 2904 and 2906.
    D. To an agency, organization, or individual for the purpose of=20
performing audit or oversight operations as authorized by law, but only=20
such information as is necessary and relevant to such audit or=20
oversight function.
    E. To appropriate agencies, entities, and persons when:
    1. ICE suspects or has confirmed that the security or=20
confidentiality of information in the system of records has been=20
compromised;
    2. DHS has determined that as a result of the suspected or=20
confirmed compromise there is a risk of harm to economic or property=20
interests, identity theft or fraud, or harm to the security or=20
integrity of this system or other systems or programs (whether=20
maintained by DHS or another agency or entity) that rely upon the=20
compromised information, or harm to the individual; and
    3. The disclosure made to such agencies, entities, and persons is=20
reasonably necessary to assist in connection with DHS's efforts to=20
respond to the suspected or confirmed

[[Page 67893]]

compromise and prevent, minimize, or remedy such harm.
    F. To contractors and their agents, grantees, experts, consultants,=20
and others performing or working on a contract, service, grant,=20
cooperative agreement, or other assignment for DHS, when necessary to=20
accomplish an agency function related to this system of records.=20
Individuals provided information under this routine use are subject to=20
the same Privacy Act requirements and limitations on disclosure as are=20
applicable to DHS officers and employees.
    G. To an appropriate federal, state, tribal, local, international,=20
or foreign law enforcement agency or other appropriate authority=20
charged with investigating or prosecuting a violation or enforcing or=20
implementing a law, rule, regulation, or order, where a record, either=20
on its face or in conjunction with other information, indicates a=20
violation or potential violation of law, which includes criminal,=20
civil, or regulatory violations and such disclosure is proper and=20
consistent with the official duties of the person making the=20
disclosure.
    H. To the U.S. Treasury Department to facilitate payments owed to=20
obligors and for the reporting of interest payments to the Internal=20
Revenue Service.
    I. To the Department of Justice, the U.S. Treasury Department,=20
other appropriate federal agencies, state insurance regulators, credit=20
bureaus, debt collection agencies, legal representatives for surety=20
companies and bonding agencies, and insurance investigators to provide=20
information relevant to (1) investigations of an agent or bonding=20
agency that posts surety bonds, or (2) activities related to collection=20
of unpaid monies owed to the U.S. Government on immigration bonds.
    J. To agencies, individuals, or entities as necessary to locate=20
individuals who are owed money or property connected with the issuance=20
of an immigration bond.
    K. To an individual or entity seeking to post or arrange, or who=20
has already posted or arranged, an immigration bond for an alien to aid=20
the individual or entity in (1) identifying the location of the alien,=20
or (2) posting the bond, obtaining payments related to the bond, or=20
conducting other administrative or financial management activities=20
related to the bond.
    L. To the news media and the public, with the approval of the Chief=20
Privacy Officer in consultation with legal counsel, when there exists a=20
legitimate public interest in the disclosure of the information or when=20
disclosure is necessary to preserve confidence in the integrity of DHS=20
or is necessary to demonstrate the accountability of DHS's officers,=20
employees, or individuals covered by the system, except to the extent=20
it is determined that release of the specific information in the=20
context of a particular case would constitute an unwarranted invasion=20
of personal privacy.

Disclosure to consumer reporting agencies:
    Pursuant to 5 U.S.C. 552a(b)(12), disclosures may be made from this=20
system to consumer reporting agencies in accordance with 31 U.S.C.=20
3711(e).

Policies and practices for storing, retrieving, accessing, retaining,=20
and disposing of records in the system:
Storage:
    Records in this system are stored electronically or on paper in=20
secure facilities in a locked drawer behind a locked door. The records=20
are stored on magnetic disc, tape, digital media, and CD-ROM.

Retrievability:
    Records may be retrieved by any of the following: bond number,=20
Social Security or Tax Identification Numbers (SSN/TIN), alien name,=20
alien number, obligor name, surety company name, or location and date=20
bond was posted.

Safeguards:
    Records in this system are safeguarded in accordance with=20
applicable rules and policies, including all applicable DHS automated=20
systems security and access policies. Strict controls have been imposed=20
to minimize the risk of compromising the information that is being=20
stored. Access to the computer systems containing the records in this=20
system is limited to those individuals who have a need to know the=20
information for the performance of their official duties and who have=20
appropriate clearances or permissions. The system maintains a real-time=20
auditing function of individuals who access electronic records.=20
Additional safeguards may vary by component and program.

Retention and disposal:
    Under the existing retention schedule, information is retained for=20
six years and three months after the bond is closed or cancelled and=20
the collateral is returned to the obligor. Copies of the Form I-352=20
(Immigration Bond) are placed into the alien's A-File and maintained=20
for the life of that file (75 years).

System Manager and address:
    Director, Financial Systems Modernization, 800 K Street, NW.,=20
Washington, DC 20536; Director, Office of Detention and Removal=20
Operations, 500 12th Street, SW., Washington, DC 20536.

Notification procedure:
    Individuals seeking notification of and access to any record=20
contained in this system of records, or seeking to contest its content,=20
may submit a request in writing to the component's FOIA Officer, whose=20
contact information can be found at http://frweb=
gate.access.gpo.gov/cgi-bin/leaving.cgi?from=3DleavingFR.html&log=3Dl=
inklog&to=3Dhttp://www.dhs.gov/foia under=20
``contacts.'' If an individual believes more than one component=20
maintains Privacy Act records concerning him or her the individual may=20
submit the request to the Chief Privacy Officer, Department of Homeland=20
Security, 245 Murray Drive, SW., Building 410, STOP-0655, Washington,=20
DC 20528.
    When seeking records about yourself from this system of records or=20
any other Departmental system of records your request must conform with=20
the Privacy Act regulations set forth in 6 CFR part 5. You must first=20
verify your identity, meaning that you must provide your full name,=20
current address and date and place of birth. You must sign your=20
request, and your signature must either be notarized or submitted under=20
28 U.S.C. 1746, a law that permits statements to be made under penalty=20
or perjury as a substitute for notarization. While no specific form is=20
required, you may obtain forms for this purpose from the Director,=20
Disclosure and FOIA, http://frwebgate.=
access.gpo.gov/cgi-bin/leaving.cgi?from=3DleavingFR.html&log=3Dlinklo=
g&to=3Dhttp://www.dhs.gov or 1-866-431-0486. In addition=20
you should provide the following:
     An explanation of why you believe the Department would=20
have information on you,
     Identify which component(s) of the Department you believe=20
may have the information about you,
     Specify when you believe the records would have been=20
created,
     Provide any other information that will help the FOIA=20
staff determine which DHS component agency may have responsive records,
     If your request is seeking records pertaining to another=20
living individual, you must include a statement from that individual=20
certifying his/her agreement for you to access his/her records.
    Without this bulleted information the component(s) will not be able=20
to conduct an effective search, and your request may be denied due to=20
lack of specificity or lack of compliance with applicable regulations.

Record access procedures:
    See ``Notification procedure'' above.

Contesting record procedures:
    See ``Notification procedure'' above.

[[Page 67894]]

Record source categories:
    Information is obtained from individuals, entities, indemnitors,=20
surety companies, and bonding agencies and agents.

Exemptions claimed for the system:
    None.

    Dated: December 11, 2009.
Mary Ellen Callahan,
Chief Privacy Officer, Department of Homeland Security.
[FR Doc. E9-30265 Filed 12-18-09; 8:45 am]

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