Privacy Act of 1974; U.S. Immigration and Customs Enforcement, DHS/ICE-004 Bond Management Information System (BMIS) System of Records, 67891-67894 [E9-30265]
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Federal Register / Vol. 74, No. 243 / Monday, December 21, 2009 / Notices
10. What research team structure(s)
and/or disciplines are needed to make
the greatest advances in SRP Program
mandates?
11. Additional Comments.
The SRP Web site provides
information about the program that may
aid in answering the questions. The site
can be accessed at https://
www.niehs.nih.gov/research/supported/
srp/. All questions, except for affiliation,
are optional. Please limit each response
to 300 words. Responses will be
compiled and posted on the SRP
Strategic Planning Web site (https://
www.niehs.nih.gov/SRP/strategicplan),
using affiliation as the only identifier.
Information may be summarized and
used at a later date. If you submit your
responses in a word doc, we ask that
you prepare your responses by restating
the question in your responses. You
may use a variety of tools to respond to
the questionnaire; however, all
responses must be received not later
than January 29, 2010. The following are
acceptable ways to submit your
responses:
1. Fill out the online questionnaire
available on the Superfund Research
Program Strategic Planning web page:
https://www.niehs.nih.gov/SRP/
strategicplan.
2. Copy and paste the above questions
into the body of an e-mail message and
send your responses to:
srpinfo@niehs.nih.gov.
3. Mail or fax your responses in a
letter to the attention of ‘‘SRP Strategic
Planning’’ at the below address.
Division of Extramural Research and
Training, National Institute of
Environmental Health Sciences,
National Institutes of Health, U.S.
Department of Health and Human
Services, P.O. Box 12233 (MD K3–04),
Research Triangle Park, NC 27709,
(Fax) 919–316–4606.
In addition to the questionnaire
above, SRP will be holding face-to-face
and web-based seminars to receive
input from the public. For more
information about these seminars and
the strategic planning process, please
visit: https://www.niehs.nih.gov/SRP/
strategicplan.
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Attendance, Registration, and Remote
Access
Participation is free and open to the
public. Registration requirements are
provided on the meeting web pages
available from the SRP Strategic
Planning Web site: https://
www.niehs.nih.gov/SRP/strategicplan.
Individuals with disabilities who
require special reasonable
accommodations should contact Dr.
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67891
Heather Henry at least seven days prior
to the event: (phone) 919–541–5330, (email) henryh@niehs.nih.gov, fax (919)
316–4606.
• Docket: For access to the docket to
read background documents or
comments received go to https://
www.regulations.gov.
Dated: December 14, 2009.
William A. Suk,
Director, Center for Risk and Integrated
Sciences, Director, Superfund Research
Program, Division of Extramural Research
and Training, National Institute of
Environmental Health Sciences, National
Institutes of Health.
[FR Doc. E9–30299 Filed 12–18–09; 8:45 am]
FOR FURTHER INFORMATION CONTACT: Lyn
Rahilly, Privacy Officer, U.S.
Immigration and Customs Enforcement,
500 12th Street, SW., Washington, DC
20536 (202–732–3300), or Mary Ellen
Callahan, Chief Privacy Officer, Privacy
Office, U.S. Department of Homeland
Security, Washington, DC 20528 (703–
235–0780).
BILLING CODE 4140–01–P
SUPPLEMENTARY INFORMATION:
DEPARTMENT OF HOMELAND
SECURITY
Office of the Secretary
[Docket No. DHS–2009–0144]
Privacy Act of 1974; U.S. Immigration
and Customs Enforcement, DHS/ICE–
004 Bond Management Information
System (BMIS) System of Records
Privacy Office; DHS.
Notice of amended Privacy Act
system of records.
AGENCY:
ACTION:
SUMMARY: In accordance with the
Privacy Act of 1974, the Department of
Homeland Security proposes to amend
a U.S. Immigration and Customs
Enforcement system of records titled
DHS/ICE–004 Bond Management
Information System (Sept. 11, 2008) to
expand the categories of records. The
categories of records have been updated
to include the collection of certain
additional information about
individuals who post cash bonds for the
release of detained aliens in the custody
of U.S. Immigration and Customs
Enforcement.
DATES: The established system of
records will be effective January 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 of
the following methods:
• Federal e-Rulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
• Fax: 703–483–2999.
• Mail: Mary Ellen Callahan, Chief
Privacy Officer, Privacy Office,
Department of Homeland Security,
Washington, DC 20528.
• Instructions: All submissions
received must include the agency name
and docket number for this rulemaking.
All comments received will be posted
without change to https://
www.regulations.gov, including any
personal information provided.
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I. Background
In accordance with the Privacy Act of
1974, the Department of Homeland
Security (DHS) proposes to amend a
U.S. Immigration and Customs
Enforcement (ICE) system of records
titled DHS/ICE–004 Bond Management
Information System (73 FR 52865, Sept.
11, 2008) to expand the categories of
records and to update the address of one
of the system managers. This system of
records contains paper and electronic
records maintained by ICE to support its
immigration bond administration and
financial management activities related
to the immigration bonds that are posted
for detained aliens. The system of
records is being amended to include the
collection of certain additional
information about individuals who post
cash bonds for the release of detained
aliens in ICE custody (called
‘‘obligors’’), specifically the obligor’s
citizenship or immigration status, and
the type and number of governmentissued identification used by the obligor
when posting the cash bond.
Some of the information in this
system of records is maintained in
BMIS–Web, an immigration bond
management database used by the ICE
Office of Financial Management to track
the life cycle of immigration bonds from
the time an individual posts the bond at
an ICE Detention and Removal
Operations (DRO) field office until the
bond is considered closed. The BMIS
Web PIA was recently updated to reflect
(1) the collection of additional
information from the obligor as
described above, (2) the establishment
of new system connections with the ICE
eBONDS application and ICE Federal
Financial Management System (FFMS),
and (3) the termination of a system
connection due to the retirement of an
ICE system known as the Debt
Collection System (DCOS). The BMIS
Web PIA Update is available on the
Department of Homeland Security
(DHS) Privacy Office Web site at
www.dhs.gov/privacy.
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Federal Register / Vol. 74, No. 243 / Monday, December 21, 2009 / Notices
II. Privacy Act
The Privacy Act embodies fair
information principles in a statutory
framework governing the means by
which the United States Government
collects, maintains, uses, and
disseminates personally identifiable
information. The Privacy Act applies to
information that is maintained in a
‘‘system of records.’’ A ‘‘system of
records’’ is a group of any records under
the control of an agency for which
information is retrieved by the name of
an individual or by some identifying
number, symbol, or other identifying
particular assigned to the individual. In
the Privacy Act, an individual is defined
to encompass United States citizens and
lawful permanent residents. As a matter
of policy, DHS extends administrative
Privacy Act protections to all
individuals where systems of records
maintain information on U.S. citizens,
lawful permanent residents, and
visitors. Individuals may request access
to their own records that are maintained
in a system of records in the possession
or under the control of DHS by
complying with DHS Privacy Act
regulations, 6 CFR part 5.
The Privacy Act requires each agency
to publish in the Federal Register a
description denoting the type and
character of each system of records that
the agency maintains, and the routine
uses that are contained in each system
in order to make agency record keeping
practices transparent, to notify
individuals regarding the uses to which
personally identifiable information is
put, and to assist individuals to more
easily find such files within the agency.
Below is the description of the BMIS
system of records.
In accordance with 5 U.S.C. 552a(r),
DHS has provided a report of this
amended system of records to the Office
of Management and Budget and to
Congress.
SYSTEM OF RECORDS:
DHS/ICE–004.
Bond Management Information
System.
SECURITY CLASSIFICATION:
Unclassified.
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Categories of individuals covered by
this system include: individuals who
post cash immigration bonds for aliens
(known as obligors); aliens for whom an
immigration bond is posted (known as
bonded aliens); individuals that arrange
for the posting of surety bonds for aliens
(known as indemnitors); individual
bond agents who post surety bonds; and
notaries public and attorneys.
CATEGORIES OF RECORDS IN THE SYSTEM:
For the Obligor: name; Social Security
Number/Tax Identification Number;
address; phone number; U.S. citizenship
or immigration status; and governmentissued identification (type and number)
shown at the time the bond is posted.
For the Bonded Alien: name; alien
number; location (while in detention);
address(es) and phone number of
residence upon release; 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; address(es); and
phone number.
General bond information, including:
bond number; bond amount; securities
pledged; bond types; bond status;
location and date of posted bond; dates
for bond-related activities, such as
declaration of breach; names and titles
of DHS officials that approve, cancel, or
declare breaches of bonds; names and
contact information for notary public
and attorney in fact; information such as
dates, forms, status and outcome,
concerning motions to reconsider a
breach or cancellation of bonds; and
information such as dates, forms, status
and outcome, about bond-related
appeals.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
Sections 103, 213, 236, 240B, and 293
of the Immigration and Nationality Act,
as amended (8 U.S.C. 1103, 1183, 1226,
1229c, and 1363, respectively).
PURPOSE(S):
SYSTEM NAME:
SYSTEM LOCATION:
Records are maintained at U.S.
Immigration and Customs Enforcement
(ICE) Headquarters in Washington, DC;
ICE Office of Financial Management
facilities in Williston, Vermont; and ICE
field offices.
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CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
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The purpose of this system is to
maintain records related to the
administration and financial
management operations of ICE’s
immigration bond program. Immigration
bond administration includes the
issuance, maintenance, cancellation,
and revocation of bonds. Financial
management operations include
collection, reimbursement or forfeiture
of the bond principal, and calculation
and payment of interest, including
issuance of IRS Form 1099 to the obligor
reflecting interest paid on the bond.
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ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES OF USERS AND
THE PURPOSES OF SUCH USES:
In addition to those disclosures
generally permitted under 5 U.S.C.
552a(b) of the Privacy Act, all or a
portion of the records or information
contained in this system may be
disclosed outside DHS as a routine use
pursuant to 5 U.S.C. 552a(b)(3) as
follows:
A. To the Department of Justice or
other Federal agency conducting
litigation or in proceedings before any
court, adjudicative or administrative
body, when (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
where DOJ or DHS has agreed to
represent the employee; or (4) the
United States or any agency thereof, is
a party to the litigation or has an interest
in such litigation; and DHS determines
that the records are both relevant and
necessary to the litigation and the use of
such records is compatible with the
purpose for which DHS collected the
records.
B. To a congressional office from the
record of an individual in response to
an inquiry from that congressional office
made at the request of the individual to
whom the record pertains.
C. To the National Archives and
Records Administration or other Federal
government agencies pursuant to
records management inspections being
conducted under the authority of 44
U.S.C. 2904 and 2906.
D. To an agency, organization, or
individual for the purpose of performing
audit or oversight operations as
authorized by law, but only such
information as is necessary and relevant
to such audit or oversight function.
E. To appropriate agencies, entities,
and persons when:
1. ICE suspects or has confirmed that
the security or confidentiality of
information in the system of records has
been compromised;
2. DHS has determined that as a result
of the suspected or confirmed
compromise there is a risk of harm to
economic or property interests, identity
theft or fraud, or harm to the security or
integrity of this system or other systems
or programs (whether maintained by
DHS or another agency or entity) that
rely upon the compromised
information, or harm to the individual;
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
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compromise and prevent, minimize, or
remedy such harm.
F. To contractors and their agents,
grantees, experts, consultants, and
others performing or working on a
contract, service, grant, cooperative
agreement, or other assignment for DHS,
when necessary to accomplish an
agency function related to this system of
records. Individuals provided
information under this routine use are
subject to the same Privacy Act
requirements and limitations on
disclosure as are applicable to DHS
officers and employees.
G. To an appropriate federal, state,
tribal, local, international, or foreign law
enforcement agency or other appropriate
authority charged with investigating or
prosecuting a violation or enforcing or
implementing a law, rule, regulation, or
order, where a record, either on its face
or in conjunction with other
information, indicates a violation or
potential violation of law, which
includes criminal, civil, or regulatory
violations and such disclosure is proper
and consistent with the official duties of
the person making the disclosure.
H. To the U.S. Treasury Department to
facilitate payments owed to obligors and
for the reporting of interest payments to
the Internal Revenue Service.
I. To the Department of Justice, the
U.S. Treasury Department, other
appropriate federal agencies, state
insurance regulators, credit bureaus,
debt collection agencies, legal
representatives for surety companies
and bonding agencies, and insurance
investigators to provide information
relevant to (1) investigations of an agent
or bonding agency that posts surety
bonds, or (2) activities related to
collection of unpaid monies owed to the
U.S. Government on immigration bonds.
J. To agencies, individuals, or entities
as necessary to locate individuals who
are owed money or property connected
with the issuance of an immigration
bond.
K. To an individual or entity seeking
to post or arrange, or who has already
posted or arranged, an immigration
bond for an alien to aid the individual
or entity in (1) identifying the location
of the alien, or (2) posting the bond,
obtaining payments related to the bond,
or conducting other administrative or
financial management activities related
to the bond.
L. To the news media and the public,
with the approval of the Chief Privacy
Officer in consultation with legal
counsel, when there exists a legitimate
public interest in the disclosure of the
information or when disclosure is
necessary to preserve confidence in the
integrity of DHS or is necessary to
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14:14 Dec 18, 2009
Jkt 220001
demonstrate the accountability of DHS’s
officers, employees, or individuals
covered by the system, except to the
extent it is determined that release of
the specific information in the context
of a particular case would constitute an
unwarranted invasion of personal
privacy.
DISCLOSURE TO CONSUMER REPORTING
AGENCIES:
Pursuant to 5 U.S.C. 552a(b)(12),
disclosures may be made from this
system to consumer reporting agencies
in accordance with 31 U.S.C. 3711(e).
POLICIES AND PRACTICES FOR STORING,
RETRIEVING, ACCESSING, RETAINING, AND
DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
Records in this system are stored
electronically or on paper in secure
facilities in a locked drawer behind a
locked door. The records are stored on
magnetic disc, tape, digital media, and
CD–ROM.
RETRIEVABILITY:
Records may be retrieved by any of
the following: bond number, Social
Security or Tax Identification Numbers
(SSN/TIN), alien name, alien number,
obligor name, surety company name, or
location and date bond was posted.
SAFEGUARDS:
Records in this system are
safeguarded in accordance with
applicable rules and policies, including
all applicable DHS automated systems
security and access policies. Strict
controls have been imposed to minimize
the risk of compromising the
information that is being stored. Access
to the computer systems containing the
records in this system is limited to those
individuals who have a need to know
the information for the performance of
their official duties and who have
appropriate clearances or permissions.
The system maintains a real-time
auditing function of individuals who
access electronic records. Additional
safeguards may vary by component and
program.
RETENTION AND DISPOSAL:
Under the existing retention schedule,
information is retained for six years and
three months after the bond is closed or
cancelled and the collateral is returned
to the obligor. Copies of the Form I–352
(Immigration Bond) are placed into the
alien’s A–File and maintained for the
life of that file (75 years).
Director, Financial Systems
Modernization, 800 K Street, NW.,
Washington, DC 20536; Director, Office
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Fmt 4703
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of Detention and Removal Operations,
500 12th Street, SW., Washington, DC
20536.
NOTIFICATION PROCEDURE:
Individuals seeking notification of
and access to any record contained in
this system of records, or seeking to
contest its content, may submit a
request in writing to the component’s
FOIA Officer, whose contact
information can be found at https://
www.dhs.gov/foia under ‘‘contacts.’’ If
an individual believes more than one
component maintains Privacy Act
records concerning him or her the
individual may submit the request to
the Chief Privacy Officer, Department of
Homeland Security, 245 Murray Drive,
SW., Building 410, STOP–0655,
Washington, DC 20528.
When seeking records about yourself
from this system of records or any other
Departmental system of records your
request must conform with the Privacy
Act regulations set forth in 6 CFR part
5. You must first verify your identity,
meaning that you must provide your full
name, current address and date and
place of birth. You must sign your
request, and your signature must either
be notarized or submitted under 28
U.S.C. 1746, a law that permits
statements to be made under penalty or
perjury as a substitute for notarization.
While no specific form is required, you
may obtain forms for this purpose from
the Director, Disclosure and FOIA,
https://www.dhs.gov or 1–866–431–0486.
In addition you should provide the
following:
• An explanation of why you believe
the Department would have information
on you,
• Identify which component(s) of the
Department you believe may have the
information about you,
• Specify when you believe the
records would have been created,
• Provide any other information that
will help the FOIA staff determine
which DHS component agency may
have responsive records,
• If your request is seeking records
pertaining to another living individual,
you must include a statement from that
individual certifying his/her agreement
for you to access his/her records.
Without this bulleted information the
component(s) will not be able to
conduct an effective search, and your
request may be denied due to lack of
specificity or lack of compliance with
applicable regulations.
RECORD ACCESS PROCEDURES:
SYSTEM MANAGER AND ADDRESS:
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67893
See ‘‘Notification procedure’’ above.
CONTESTING RECORD PROCEDURES:
See ‘‘Notification procedure’’ above.
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Federal Register / Vol. 74, No. 243 / Monday, December 21, 2009 / Notices
RECORD SOURCE CATEGORIES:
Information is obtained from
individuals, entities, indemnitors,
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]
BILLING CODE 9111–28–P
DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT
[Docket No. FR–5374–N–02]
Buy American Exceptions Under the
American Recovery and Reinvestment
Act of 2009
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AGENCY: Office of the Assistant
Secretary for Public and Indian
Housing, HUD.
ACTION: Notice.
SUMMARY: In accordance with the
American Recovery and Reinvestment
Act of 2009 (Pub. L. 111–05, approved
February 17, 2009) (Recovery Act), and
implementing guidance of the Office of
Management and Budget (OMB), this
notice advises that certain individual
exceptions to the Buy American
requirement of the Recovery Act have
been determined applicable for work
using Capital Fund Recovery Formula
and Competition (CFRFC) grant funds.
Specifically, exceptions were granted to
the San Antonio Housing Authority in
San Antonio, Texas, for the purchase
and installation of a Variable Refrigerant
Volume (VRV) heat recovery system for
the Lewis Chatham modernization
project, and to the Housing Authority of
Portland, in Portland, Oregon, for the
purchase of Farbo Marmoleum flooring
for several modernization projects.
FOR FURTHER INFORMATION CONTACT:
Dominique G. Blom, Deputy Assistant
Secretary for Public Housing
Investments, Office of Public Housing
Investments, Office of Public and Indian
Housing, Department of Housing and
Urban Development, 451 7th Street,
SW., Room 4210, Washington, DC,
20410–4000, telephone number 202–
402–8500 (this is not a toll-free
number). Persons with hearing- or
speech-impairments may access this
number through TTY by calling the tollfree Federal Information Relay Service
at 800–877–8339.
SUPPLEMENTARY INFORMATION: Section
1605(a) of the Recovery Act imposes a
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14:14 Dec 18, 2009
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‘‘Buy American’’ requirement on
Recovery Act funds used for a project
for the construction, alteration,
maintenance, or repair of a public
building or public work unless all of the
iron, steel, and manufactured goods
used in the project are produced in the
United States. Section 1605(b) provides
that the Buy American requirement
shall not apply in any case or category
in which the head of a Federal
department or agency finds that: (1)
Applying the Buy American
requirement would be inconsistent with
the public interest; (2) iron, steel, and
the relevant manufactured goods are not
produced in the U.S. in sufficient and
reasonably available quantities or of
satisfactory quality, or (3) inclusion of
iron, steel, and manufactured goods will
increase the cost of the overall project
by more than 25 percent. Section
1605(c) provides that if the head of a
Federal department or agency makes a
determination pursuant to section
1605(b), the head of the department or
agency shall publish a detailed written
justification in the Federal Register.
In accordance with section 1605(c) of
the Recovery Act and OMB’s
implementing guidance published on
April 23, 2009 (74 FR 18449), this notice
advises the public that, on December 4,
2009, HUD granted the following two
exceptions to the Buy American
requirement:
1. San Antonio Housing Authority.
Upon request of the San Antonio
Housing Authority, HUD granted an
exception to applicability of the Buy
American requirements with respect to
work, using CFRFC grant funds, in
connection with the Lewis Chatham
modernization project. The exception
was granted by HUD on the basis that
the relevant manufactured good is not
produced in the U.S. in sufficient and
reasonably available quantities or of
satisfactory quality.
2. Housing Authority of Portland.
Upon request of the Housing Authority
of Portland, HUD granted an exception
to applicability of the Buy American
requirements with respect to work,
using CFRFC grant funds, in connection
with several modernization projects to
replace the flooring. The exception was
granted by HUD on the basis that the
relevant manufactured goods are not
produced in the U.S. in sufficient and
reasonably available quantities or of
satisfactory quality.
Dated: December 15, 2009.
Sandra B. Henriquez,
Assistant Secretary for Public and Indian
Housing.
[FR Doc. E9–30282 Filed 12–16–09; 4:15 pm]
BILLING CODE 4210–67–P
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DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
Advisory Board for Exceptional
Children
AGENCY: Bureau of Indian Affairs,
Interior.
ACTION: Notice of meeting.
SUMMARY: In accordance with the
Federal Advisory Committee Act, the
Bureau of Indian Education (BIE) is
announcing the Advisory Board for
Exceptional Children will hold its next
meeting in Albuquerque, New Mexico.
The purpose of the meeting is to meet
the mandates of the Individuals with
Disabilities Education Act of 2004
(IDEA) on Indian children with
disabilities.
DATES: The Advisory Board will meet on
Monday, January 11, 2010, from 8:30
a.m. to 4:30 p.m. and Tuesday,
January 12, 2010, from 8:30 a.m. to 4:30
p.m. Mountain Standard Time.
ADDRESSES: The meetings will be held at
the Bureau of Indian Affairs, Building 2,
1011 Indian School Road North West,
Room 271, Albuquerque, New Mexico
87104; telephone (505) 563–5274.
FOR FURTHER INFORMATION CONTACT: Sue
Bement, Designated Federal Official,
Bureau of Indian Education,
Albuquerque Service Center, Division of
Performance and Accountability, 1011
Indian School Road NW., P.O. Box
1088, Suite 332, Albuquerque, New
Mexico 87103; telephone (505) 563–
5274.
SUPPLEMENTARY INFORMATION: The
Advisory Board was established to
advise the Secretary of the Interior,
through the Assistant Secretary—Indian
Affairs, on the needs of Indian children
with disabilities, as mandated by the
Individuals with Disabilities Act of 2004
(Pub. L. 108–446). The meetings are
open to the public.
The following items will be on the
agenda:
• Setting Advisory Board Priorities
for 2010–2011
• Public Comment (via conference
call, January 11, 2010, meeting only*)
• Report from Gloria Yepa,
Supervisory Education Specialist,
Bureau of Indian Education, Division of
Performance and Accountability
• Appointment of Advisory Board
Vice Chair
• Updates on Coordination of
Services
• Panel discussion with Special
Education faculty, General Education
faculty and Related Service providers
from Sky City Community School,
Acoma, New Mexico
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]]>Agencies
[Federal Register Volume 74, Number 243 (Monday, December 21, 2009)]
[Notices]
[Pages 67891-67894]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-30265]
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DEPARTMENT OF HOMELAND SECURITY
Office of the Secretary
[Docket No. DHS-2009-0144]
Privacy Act of 1974; U.S. Immigration and Customs Enforcement,
DHS/ICE-004 Bond Management Information System (BMIS) System of Records
AGENCY: Privacy Office; DHS.
ACTION: Notice of amended Privacy Act system of records.
-----------------------------------------------------------------------
SUMMARY: In accordance with the Privacy Act of 1974, the Department of
Homeland Security proposes to amend a U.S. Immigration and Customs
Enforcement system of records titled DHS/ICE-004 Bond Management
Information System (Sept. 11, 2008) to expand the categories of
records. The categories of records have been updated to include the
collection of certain additional information about individuals who post
cash bonds for the release of detained aliens in the custody of U.S.
Immigration and Customs Enforcement.
DATES: The established system of records will be effective January 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
of the following methods:
Federal e-Rulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments.
Fax: 703-483-2999.
Mail: Mary Ellen Callahan, Chief Privacy Officer, Privacy
Office, Department of Homeland Security, Washington, DC 20528.
Instructions: All submissions received must include the
agency name and docket number for this rulemaking. All comments
received will be posted without change to https://www.regulations.gov,
including any personal information provided.
Docket: For access to the docket to read background
documents or comments received go to https://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: Lyn Rahilly, Privacy Officer, U.S.
Immigration and Customs Enforcement, 500 12th Street, SW., Washington,
DC 20536 (202-732-3300), or Mary Ellen Callahan, Chief Privacy Officer,
Privacy Office, U.S. Department of Homeland Security, Washington, DC
20528 (703-235-0780).
SUPPLEMENTARY INFORMATION:
I. Background
In accordance with the Privacy Act of 1974, the Department of
Homeland Security (DHS) proposes to amend a U.S. Immigration and
Customs Enforcement (ICE) system of records titled DHS/ICE-004 Bond
Management Information System (73 FR 52865, Sept. 11, 2008) to expand
the categories of records and to update the address of one of the
system managers. This system of records contains paper and electronic
records maintained by ICE to support its immigration bond
administration and financial management activities related to the
immigration bonds that are posted for detained aliens. The system of
records is being amended to include the collection of certain
additional information about individuals who post cash bonds for the
release of detained aliens in ICE custody (called ``obligors''),
specifically the obligor's citizenship or immigration status, and the
type and number of government-issued identification used by the obligor
when posting the cash bond.
Some of the information in this system of records is maintained in
BMIS-Web, an immigration bond management database used by the ICE
Office of Financial Management to track the life cycle of immigration
bonds from the time an individual posts the bond at an ICE Detention
and Removal Operations (DRO) field office until the bond is considered
closed. The BMIS Web PIA was recently updated to reflect (1) the
collection of additional information from the obligor as described
above, (2) the establishment of new system connections with the ICE
eBONDS application and ICE Federal Financial Management System (FFMS),
and (3) the termination of a system connection due to the retirement of
an ICE system known as the Debt Collection System (DCOS). The BMIS Web
PIA Update is available on the Department of Homeland Security (DHS)
Privacy Office Web site at www.dhs.gov/privacy.
[[Page 67892]]
II. Privacy Act
The Privacy Act embodies fair information principles in a statutory
framework governing the means by which the United States Government
collects, maintains, uses, and disseminates personally identifiable
information. The Privacy Act applies to information that is maintained
in a ``system of records.'' A ``system of records'' is a group of any
records under the control of an agency for which information is
retrieved by the name of an individual or by some identifying number,
symbol, or other identifying particular assigned to the individual. In
the Privacy Act, an individual is defined to encompass United States
citizens and lawful permanent residents. As a matter of policy, DHS
extends administrative Privacy Act protections to all individuals where
systems of records maintain information on U.S. citizens, lawful
permanent residents, and visitors. Individuals may request access to
their own records that are maintained in a system of records in the
possession or under the control of DHS by complying with DHS Privacy
Act regulations, 6 CFR part 5.
The Privacy Act requires each agency to publish in the Federal
Register a description denoting the type and character of each system
of records that the agency maintains, and the routine uses that are
contained in each system in order to make agency record keeping
practices transparent, to notify individuals regarding the uses to
which personally identifiable information is put, and to assist
individuals to more easily find such files within the agency. Below is
the description of the BMIS system of records.
In accordance with 5 U.S.C. 552a(r), DHS has provided a report of
this amended system of records to the Office of Management and Budget
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
(ICE) Headquarters in Washington, DC; ICE Office of Financial
Management facilities in Williston, Vermont; and ICE field offices.
Categories of individuals covered by the system:
Categories of individuals covered by this system include:
individuals who post cash immigration bonds for aliens (known as
obligors); aliens for whom an immigration bond is posted (known as
bonded aliens); individuals that arrange for the posting of surety
bonds for aliens (known as indemnitors); individual bond agents who
post surety bonds; and notaries public and attorneys.
Categories of records in the system:
For the Obligor: name; Social Security Number/Tax Identification
Number; address; phone number; U.S. citizenship or immigration status;
and government-issued identification (type and number) shown at the
time the bond is posted.
For the Bonded Alien: name; alien number; location (while in
detention); address(es) and phone number of residence upon release;
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;
address(es); and phone number.
General bond information, including: bond number; bond amount;
securities pledged; bond types; bond status; location and date of
posted bond; dates for bond-related activities, such as declaration of
breach; names and titles of DHS officials that approve, cancel, or
declare breaches of bonds; names and contact information for notary
public and attorney in fact; information such as dates, forms, status
and outcome, concerning motions to reconsider a breach or cancellation
of bonds; and information such as dates, forms, status and outcome,
about bond-related appeals.
Authority for maintenance of the system:
Sections 103, 213, 236, 240B, and 293 of the Immigration and
Nationality Act, as amended (8 U.S.C. 1103, 1183, 1226, 1229c, and
1363, respectively).
Purpose(s):
The purpose of this system is to maintain records related to the
administration and financial management operations of ICE's immigration
bond program. Immigration bond administration includes the issuance,
maintenance, cancellation, and revocation of bonds. Financial
management operations include collection, reimbursement or forfeiture
of the bond principal, and calculation and payment of interest,
including issuance of IRS Form 1099 to the obligor reflecting interest
paid on the bond.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
In addition to those disclosures generally permitted under 5 U.S.C.
552a(b) of the Privacy Act, all or a portion of the records or
information contained in this system may be disclosed outside DHS as a
routine use pursuant to 5 U.S.C. 552a(b)(3) as follows:
A. To the Department of Justice or other Federal agency conducting
litigation or in proceedings before any court, adjudicative or
administrative body, when (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 where DOJ or DHS has agreed to represent
the employee; or (4) the United States or any agency thereof, is a
party to the litigation or has an interest in such litigation; and DHS
determines that the records are both relevant and necessary to the
litigation and the use of such records is compatible with the purpose
for which DHS collected the records.
B. To a congressional office from the record of an individual in
response to an inquiry from that congressional office made at the
request of the individual to whom the record pertains.
C. To the National Archives and Records Administration or other
Federal government agencies pursuant to records management inspections
being conducted under the authority of 44 U.S.C. 2904 and 2906.
D. To an agency, organization, or individual for the purpose of
performing audit or oversight operations as authorized by law, but only
such information as is necessary and relevant to such audit or
oversight function.
E. To appropriate agencies, entities, and persons when:
1. ICE suspects or has confirmed that the security or
confidentiality of information in the system of records has been
compromised;
2. DHS has determined that as a result of the suspected or
confirmed compromise there is a risk of harm to economic or property
interests, identity theft or fraud, or harm to the security or
integrity of this system or other systems or programs (whether
maintained by DHS or another agency or entity) that rely upon the
compromised information, or harm to the individual; 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
[[Page 67893]]
compromise and prevent, minimize, or remedy such harm.
F. To contractors and their agents, grantees, experts, consultants,
and others performing or working on a contract, service, grant,
cooperative agreement, or other assignment for DHS, when necessary to
accomplish an agency function related to this system of records.
Individuals provided information under this routine use are subject to
the same Privacy Act requirements and limitations on disclosure as are
applicable to DHS officers and employees.
G. To an appropriate federal, state, tribal, local, international,
or foreign law enforcement agency or other appropriate authority
charged with investigating or prosecuting a violation or enforcing or
implementing a law, rule, regulation, or order, where a record, either
on its face or in conjunction with other information, indicates a
violation or potential violation of law, which includes criminal,
civil, or regulatory violations and such disclosure is proper and
consistent with the official duties of the person making the
disclosure.
H. To the U.S. Treasury Department to facilitate payments owed to
obligors and for the reporting of interest payments to the Internal
Revenue Service.
I. To the Department of Justice, the U.S. Treasury Department,
other appropriate federal agencies, state insurance regulators, credit
bureaus, debt collection agencies, legal representatives for surety
companies and bonding agencies, and insurance investigators to provide
information relevant to (1) investigations of an agent or bonding
agency that posts surety bonds, or (2) activities related to collection
of unpaid monies owed to the U.S. Government on immigration bonds.
J. To agencies, individuals, or entities as necessary to locate
individuals who are owed money or property connected with the issuance
of an immigration bond.
K. To an individual or entity seeking to post or arrange, or who
has already posted or arranged, an immigration bond for an alien to aid
the individual or entity in (1) identifying the location of the alien,
or (2) posting the bond, obtaining payments related to the bond, or
conducting other administrative or financial management activities
related to the bond.
L. To the news media and the public, with the approval of the Chief
Privacy Officer in consultation with legal counsel, when there exists a
legitimate public interest in the disclosure of the information or when
disclosure is necessary to preserve confidence in the integrity of DHS
or is necessary to demonstrate the accountability of DHS's officers,
employees, or individuals covered by the system, except to the extent
it is determined that release of the specific information in the
context of a particular case would constitute an unwarranted invasion
of personal privacy.
Disclosure to consumer reporting agencies:
Pursuant to 5 U.S.C. 552a(b)(12), disclosures may be made from this
system to consumer reporting agencies in accordance with 31 U.S.C.
3711(e).
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
Records in this system are stored electronically or on paper in
secure facilities in a locked drawer behind a locked door. The records
are stored on magnetic disc, tape, digital media, and CD-ROM.
Retrievability:
Records may be retrieved by any of the following: bond number,
Social Security or Tax Identification Numbers (SSN/TIN), alien name,
alien number, obligor name, surety company name, or location and date
bond was posted.
Safeguards:
Records in this system are safeguarded in accordance with
applicable rules and policies, including all applicable DHS automated
systems security and access policies. Strict controls have been imposed
to minimize the risk of compromising the information that is being
stored. Access to the computer systems containing the records in this
system is limited to those individuals who have a need to know the
information for the performance of their official duties and who have
appropriate clearances or permissions. The system maintains a real-time
auditing function of individuals who access electronic records.
Additional safeguards may vary by component and program.
Retention and disposal:
Under the existing retention schedule, information is retained for
six years and three months after the bond is closed or cancelled and
the collateral is returned to the obligor. Copies of the Form I-352
(Immigration Bond) are placed into the alien's A-File and maintained
for the life of that file (75 years).
System Manager and address:
Director, Financial Systems Modernization, 800 K Street, NW.,
Washington, DC 20536; Director, Office of Detention and Removal
Operations, 500 12th Street, SW., Washington, DC 20536.
Notification procedure:
Individuals seeking notification of and access to any record
contained in this system of records, or seeking to contest its content,
may submit a request in writing to the component's FOIA Officer, whose
contact information can be found at https://www.dhs.gov/foia under
``contacts.'' If an individual believes more than one component
maintains Privacy Act records concerning him or her the individual may
submit the request to the Chief Privacy Officer, Department of Homeland
Security, 245 Murray Drive, SW., Building 410, STOP-0655, Washington,
DC 20528.
When seeking records about yourself from this system of records or
any other Departmental system of records your request must conform with
the Privacy Act regulations set forth in 6 CFR part 5. You must first
verify your identity, meaning that you must provide your full name,
current address and date and place of birth. You must sign your
request, and your signature must either be notarized or submitted under
28 U.S.C. 1746, a law that permits statements to be made under penalty
or perjury as a substitute for notarization. While no specific form is
required, you may obtain forms for this purpose from the Director,
Disclosure and FOIA, https://www.dhs.gov or 1-866-431-0486. In addition
you should provide the following:
An explanation of why you believe the Department would
have information on you,
Identify which component(s) of the Department you believe
may have the information about you,
Specify when you believe the records would have been
created,
Provide any other information that will help the FOIA
staff determine which DHS component agency may have responsive records,
If your request is seeking records pertaining to another
living individual, you must include a statement from that individual
certifying his/her agreement for you to access his/her records.
Without this bulleted information the component(s) will not be able
to conduct an effective search, and your request may be denied due to
lack of specificity or lack of compliance with applicable regulations.
Record access procedures:
See ``Notification procedure'' above.
Contesting record procedures:
See ``Notification procedure'' above.
[[Page 67894]]
Record source categories:
Information is obtained from individuals, entities, indemnitors,
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]
BILLING CODE 9111-28-P
