Privacy Act of 1974; System of Records, 64515-64519 [2020-22535]
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Federal Register / Vol. 85, No. 198 / Tuesday, October 13, 2020 / Notices
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
The Secretary of Homeland Security,
pursuant to 5 U.S.C. 552a(k)(1), (k)(2),
(k)(3), and (k)(5), has exempted this
system from the following provisions of
the Privacy Act, 5 U.S.C. 552a(c)(3); (d);
(e)(1), (e)(4)(G), (e)(4)(H), (e)(4)(I); and
(f).
HISTORY:
DHS/ALL–023 Personnel Security
Management System of Records, 74 FR
3084 (January 16, 2009), 75 FR 8088
(February 23, 2010); Implementation of
Exemptions, DHS/ALL–023 Personnel
Security Management System of
Records, 74 FR 50904 (October 1, 2009).
Constantina Kozanas,
Chief Privacy Officer, Department of
Homeland Security.
[FR Doc. 2020–22536 Filed 10–9–20; 8:45 am]
BILLING CODE 9110–9B–P
DEPARTMENT OF HOMELAND
SECURITY
[Docket No. ICEB–2020–0003]
Privacy Act of 1974; System of
Records
Department of Homeland
Security, Immigration and Customs
Enforcement.
ACTION: Notice of a Modified System of
Records.
AGENCY:
In accordance with the
Privacy Act of 1974, the Department of
Homeland Security (DHS) proposes to
modify and reissue a current DHS
system of records titled, ‘‘Department of
Homeland Security/U.S. Immigration
and Customs Enforcement-004 Bond
Management Information System,
System of Records.’’ This system of
records contains information related to
the bond management process and
supports the administrative and
financial activities related to
immigration bonds for U.S. Immigration
and Customs Enforcement (ICE) Offices,
including the Office of Financial
Management and the Office of
Enforcement and Removal Operations.
This system of records covers records
the Department collects and maintains
on detained aliens in custody and on
individuals involved in the processing
and posting of immigration bonds.
DHS/ICE is updating this system of
records to (1) expand the categories of
records to include electronic
communications between ICE officers
and surety agents; (2) update Routine
Use E and add Routine Use F to comply
with Office of Management and Budget
policy pertaining to data breach
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SUMMARY:
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procedures; (3) add nine new routine
uses to allow the Department of
Homeland Security to share information
from the system; and (4) make nonsubstantive edits to the routine uses to
align with previously published
Department of Records Notices.
Additionally, this notice includes nonsubstantive changes to simplify
formatting and text of the previously
published notice. This modified system
will be included in the Department of
Homeland Security’s inventory of
records systems.
DATES: Submit comments on or before
November 12, 2020. This modified
system will be effective upon
publication. New or modified routine
uses will become effective November
12, 2020.
ADDRESSES: You may submit comments,
identified by docket number ICEB–
2020–0003 by one of the following
methods:
• Federal e-Rulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
• Fax: 202–343–4010.
• Mail: Constantina Kozanas, 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 ICEB–2020–0003. 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: For
general questions, please contact: Jordan
Holz, Privacy Officer, U.S. Immigration
and Customs Enforcement, 500 12th
Street SW, Mail Stop 5004, Washington,
DC 20536, ICEPrivacy@ice.dhs.gov. For
privacy questions, please contact:
Constantina Kozanas, (202) 343–1717,
Privacy@hq.dhs.gov, 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/ICE proposes
to modify and reissue a current DHS
system of records notice (SORN) titled,
‘‘Department of Homeland Security/U.S.
Immigration and Customs Enforcement–
004 Bond Management Information
System.’’ DHS/ICE is updating the
categories of records and routine uses of
this system of records notice to better
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reflect ICE’s administration and
financial management activities related
to the ICE immigration bond program.
The categories of records has been
modified to include electronic
communications between ICE officers
and surety agents. The routine uses have
been altered in several ways.
Specifically, DHS is 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). Routine
uses following Routine Use E and
Routine Use F are being renumbered to
account for this additional routine use.
ICE is also adding Routine Uses M
through U to account for information
shared external to DHS, which are listed
below. The following is a summary of
the new routine uses and their
corresponding letter:
• (M) To federal, state, local, tribal,
territorial, international, or foreign
government agencies or entities for the
purpose of consulting with that agency
or entity in matters related to redress
(e.g., determinations, identity of an
individual, verify the accuracy of
information submitted);
• (N) To an attorney who is acting on
behalf of a prospective claimant for the
purpose of negotiating settlements of an
actual or prospective claim against DHS
or its current or former employees;
• (O) To international, foreign,
intergovernmental, and multinational
government agencies, authorities, and
organizations in accordance with law
and formal or informal international
arrangements;
• (P) To appropriate federal, state,
local, tribal, territorial, or foreign
governmental agencies or multilateral
governmental organizations for the
purpose of protecting the vital interests
of a data subject or other persons, to
combat significant public health threats;
• (Q) To a former employee of DHS
for purposes of responding to an official
inquiry by federal, state, local, tribal, or
territorial government agencies or
professional licensing authorities or
facilitating communications for
personnel-related or other official
purposes regarding a matter within that
person’s former area of responsibility;
• (R) 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;
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• (S) To federal, state, local, tribal,
territorial, foreign, or international
agencies, if DHS determines that failure
to disclose information related to the
hiring or retention of an individual, or
the issuance of a security clearance,
license, contract, grant, or other benefit
is likely to create a significant risk to the
government (e.g., facilities, personnel),
sensitive information, critical
infrastructure, or the public safety;
• (T) 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, a matter under
DHS’s jurisdiction, or during a
proceeding within the purview of the
immigration and nationality laws, when
necessary to carry out DHS functions
and statutory mandates; and
• (U) 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.
In addition, non-substantive language
changes have been made to additional
routine uses to clarify disclosure
policies that are standard across DHS
and to align with previously published
DHS SORNs. Lastly, this notice includes
non-substantive changes to simply
formatting and text of previously
published notice.
The purpose of this system is to
maintain records related to the
administration and financial
management operations associated with
the immigration bonds that are posted
for detained aliens in removal
proceedings and/or as voluntary
departure bonds. An immigration bond
is a formal written guaranty by the
obligor posted as security for the
amount of the bond that assures DHS
that all of the conditions of the bond
will be fulfilled by the obligor as
guarantor. For example, immigration
bonds may be posted by surety
companies that have obtained a
certificate to do so from the Department
of the Treasury, or by an individual’s or
entity’s pledge (deposit) of cash or U.S.
securities. If the conditions of a bond
are satisfied, the bond must be cancelled
and, if a cash bond, the principal and
accrued interest must be returned to the
obligor. If a bond is declared breached,
the cash deposited as security will be
forfeited and accrued interest will be
returned to the obligor.
The information and records covered
by this SORN is maintained in ICE’s
Bond Management Information System
(BMIS) Web, an immigration bond
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management database used by the ICE
Office of Financial Management (OFM)
to support the tracking and recording of
bond management activities. In
addition, the information stored in
BMIS is used by Enforcement and
Removal Operations (ERO) and surety
agents to facilitate the bond
management processes and provide
surety agents with access to bondrelated documentation. BMIS provides
ICE offices with an automated
mechanism for maintaining and
reporting on all immigration bonds.
Consistent with DHS’s information
sharing mission, records covered by this
SORN may be shared with other DHS
Components that have a need to know
the information to carry out their
national security, law enforcement,
immigration, intelligence, or other
homeland security functions. In
addition, DHS/ICE may share
information with appropriate federal,
state, local, tribal, territorial, foreign, or
international government agencies
consistent with the routine uses set
forth in this system of records notice.
For example, BMIS information is also
shared with the Internal Revenue
Service to report any interest paid to
obligors and for income tax purposes.
Information about surety bonds may be
shared with Department of Justice legal
counsel; the Department of the
Treasury; insurance investigators for
surety companies; and legal
representatives for surety companies
and bonding agencies. This information
is shared when ICE is pursuing further
collection efforts on the surety bond
receivables or if an agent of a bonding
agency that posts surety bonds is being
investigated for its business practices.
Additionally, 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). This modified system will be
included in DHS’s inventory of record
systems.
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.
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citizens and lawful permanent
residents. Additionally, the Judicial
Redress Act (JRA) provides a statutory
right to covered persons to make
requests for access and amendment to
covered records, as defined by the JRA,
along with judicial review for denials of
such requests. The JRA prohibits
disclosures of covered records, except as
otherwise permitted by the Privacy Act.
Below is the description of the DHS/
ICE–004, Bond Management
Information System (BMIS) 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:
The Department of Homeland
Security (DHS) Immigration and
Customs Enforcement (ICE) DHS/ICE–
004 Bond Management Information
System (BMIS) System of Records.
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
Records in BMIS are maintained in
electronic form at the U.S. Immigration
and Customs Enforcement Headquarters
and in DHS Data Centers.
SYSTEM MANAGER(S):
Deputy Division Chief of Financial
Systems, ICE Office of Financial
Management, 1201 Maryland Avenue
SW, Washington, DC 20024
OFMFINSYS@ice.dhs.gov.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
Sections 103, 212(g), 213, 214, 236,
240B, 241(c)(2)(C)(i), 286, and 293 of the
Immigration and Nationality Act of
1982, as amended (8 U.S.C. 1103,
1182(g), 1183, 1184, 1226, 1229c,
1231(c)(2)(C)(i), 1356(r), and 1363,
respectively).
PURPOSE(S) OF THE SYSTEM:
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
maintenance, cancellation, and
revocation of bonds. Financial
management operations include
collection, reimbursement, or forfeiture
of the bond principal; calculation,
payment, and reporting of interest
income; calculation, withholding, and
reporting of income taxes; and the
collection or filing of associated income
tax forms.
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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); individuals for
whom an immigration bond is posted
(known as bonded individuals); family
members (bond requesters); individuals
who arrange for the posting of surety
bonds for aliens (known as
indemnitors); the surety company and
individual surety bond agents who post
surety bonds; and notaries public and
attorneys in fact.
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CATEGORIES OF RECORDS IN THE SYSTEM:
Categories of records in this system
include, for example:
For the Obligor: Name; Social
Security number (SSN)/Tax
Identification Number (TIN); address;
phone number; U.S. citizenship or
immigration status; and governmentissued identification (type and number)
shown at the time the bond is posted;
and income tax-related information,
such as taxpayer status, rate of
withholding, income taxes withheld,
income reporting (interest paid), tax
treaty status, foreign tax identification
number, country of residence, and
information collected or reported on
various income tax forms, such as IRS
Forms W–9, W–8BEN, 945, 1042, 1042–
S, and 1099–INT.
For the Bonded Individual: 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 Surety Bonding Agent: Name;
Tax Identification Number; address(es);
and phone number.
For notary public and attorneys in
fact: Name and phone number.
General bond information, that is
associated with one of the types of
individuals listed above, 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 Department of Homeland Security
(DHS) officials that approve, cancel, or
declare breaches of bonds;
communications between ICE and the
surety agents, such as information
related to the administration, issuance,
breach termination, or cancellation of a
bond; dates, forms, and status and
outcome concerning motions to
reconsider a breach or cancellation of
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outcome concerning bond-related
appeals.
RECORD SOURCE CATEGORIES:
Records are obtained from categories
of individuals listed and described
above.
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 Offices of the U.S. Attorneys,
or other federal agencies conducting
litigation or in proceedings before any
court, adjudicative, or administrative
body, when it is relevant or necessary to
the litigation and one of the following
is a party to the litigation or has an
interest in such litigation:
1. DHS or any component thereof;
2. Any employee or former employee
of DHS in his/her official capacity;
3. Any employee or former employee
of DHS in his/her individual capacity,
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
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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 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.
H. 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.
I. To the Department of the Treasury
and its bureaus to carry out financial
transactions and any debt- or tax-related
reporting, withholding, collection, and/
or processing activities required or
permitted by federal law, regulation or
policy.
J. To the Department of Justice, the
Department of the Treasury, 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.
K. To agencies, individuals, or entities
as necessary to locate individuals who
are owed money or property connected
with the issuance of an immigration
bond.
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L. 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.
M. 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.
N. To an attorney who is acting on
behalf of a prospective claimant 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.
O. To international, foreign,
intergovernmental, and multinational
government agencies, authorities, and
organizations in accordance with law
and formal or informal international
arrangements.
P. To appropriate federal, state, local,
tribal, territorial, or foreign
governmental agencies or multilateral
governmental organizations for the
purpose of protecting the vital interests
of a data subject or other persons,
including to assist such agencies or
organizations in preventing exposure to
or transmission of a communicable or
quarantinable disease or to combat other
significant public health threats.
Q. To a former employee of DHS for
purposes of responding to an official
inquiry by federal, state, local, tribal, or
territorial government agencies or
professional licensing authorities; or
facilitating communications with a
former employee that may be relevant
and necessary for personnel-related or
other official purposes when DHS
requires information or consultation
assistance from the former employee
regarding a matter within that person’s
former area of responsibility.
R. 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
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issuance, grant, renewal, suspension or
revocation of a security clearance,
license, contract, grant, or other benefit.
S. 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
significant risk to government facilities,
equipment, or personnel; sensitive
information; critical infrastructure; or
the public safety.
T. 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.
U. 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.
V. 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 in a central database or on
paper in secure facilities in a locked
drawer behind a locked door. The
records are stored on magnetic disc,
tape, and digital media.
POLICIES AND PRACTICES FOR RETRIEVAL OF
RECORDS:
DHS/ICE retrieves by any of the
following: Bond number, SSN or TIN,
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name, Alien Number, obligor name,
surety company name, or location and
date bond was posted.
POLICIES AND PRACTICES FOR RETENTION AND
DISPOSAL OF RECORDS:
In accordance with the Bond
Management Information System (BMIS
Web) schedule N1–567–10–11, ICE
maintains records for six years and three
months after the bond is closed,
cancelled or breached and the collateral
is returned to the obligor (when
applicable). Copies of forms completed
as part of the immigration bonds process
(e.g., Form I–352 (Immigration Bond) or
Form I–395 (Affidavit In Lieu of Lost
Receipt of United States ICE For
Collateral Accepted As Security)) are
placed into the bonded individual’s AFile and maintained for the life of that
file until transferred to the National
Archives (100 years from the date of the
alien’s birthdate) in accordance with
N1–566–08–11.
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. DHS/ICE has imposed
strict controls 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.
RECORD ACCESS PROCEDURES:
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 Chief Privacy
Officer and ICE’s FOIA Officer, whose
contact information can be found at
https://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
Judicial Redress Act provide a right of
access, certain records about a person
may be available under the Freedom of
Information Act.
When an individual is seeking records
about himself or herself from this
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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/her identity, meaning that the
individual must provide his/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 Freedom of
Information Act Officer, https://
www.dhs.gov/foia or 1–866–431–0486.
In addition, the individual should:
• Explain why he or she believes the
Department would have the information
being requested;
• Identify which component(s) of the
Department he or she believes may have
the information;
• 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 the request is seeking records
pertaining to another living individual,
the request must include an
authorization from the individual whose
record is being requested, authorizing
the release to the requestor.
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.
khammond on DSKJM1Z7X2PROD with NOTICES
CONTESTING RECORD PROCEDURES:
For records covered by the Privacy
Act or covered JRA records, individuals
may make a request for amendment or
correction of a record of the Department
about the individual by writing directly
to the Department component that
maintains the record, unless the record
is not subject to amendment or
correction. The request should identify
each particular record in question, state
the amendment or correction desired,
and state why the individual believes
that the record is not accurate, relevant,
timely, or complete. The individual may
submit any documentation that would
be helpful. If the individual believes
that the same record is in more than one
system of records, the request should so
state and be addressed to each
component that maintains a system of
records containing the record.
VerDate Sep<11>2014
18:52 Oct 09, 2020
Jkt 253001
Individuals who wish to contest the
accuracy of records in this system of
records should submit these requests to
the Privacy Division of the ICE
Information Governance & Privacy
Office. Requests must comply with
verification of identity requirements set
forth in Department of Homeland
Security 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 Information Governance &
Privacy Office, ATTN: 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 at ICEPrivacy@ice.dhs.gov.
NOTIFICATION PROCEDURES:
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
None.
HISTORY:
DHS/ICE–004 Bonds Management
Information System (BMIS) System of
Records, 76 FR 8761 (February 15,
2011).
Constantina Kozanas,
Chief Privacy Officer, Department of
Homeland Security.
[FR Doc. 2020–22535 Filed 10–9–20; 8:45 am]
BILLING CODE 9111–28–P
DEPARTMENT OF HOMELAND
SECURITY
[Docket No. DHS–2020–0007]
Privacy Act of 1974; System of
Records
United States Secret Service,
Department of Homeland Security.
ACTION: Notice of a modified system of
records.
AGENCY:
In accordance with the
Privacy Act of 1974, the Department of
Homeland Security (DHS) proposes to
modify and reissue a current DHS
system of records titled, ‘‘Department of
Homeland Security/United States Secret
Service (USSS)-004 Protection
Information System of Records.’’ This
system of records describes DHS/USSS
collection and maintenance of records
on information relative to the protective
mission of the agency. In this system of
records notice update, DHS/USSS is
modifying the categories of individuals,
categories of records, routine uses,
Authorities, and the retention and
PO 00000
Frm 00079
Fmt 4703
Sfmt 4703
disposal of records. Additionally, this
notice includes non-substantive changes
to simplify the formatting and text of the
previously published notice. The
Department of Homeland Security
previously published a Final Rule in the
Federal Register to exempt this system
of records from certain provisions of the
Privacy Act. The current updates to this
system of records do not impact the
nature of the exemptions claimed; the
exemptions continue to apply to this
update. This modified system will be
included in DHS’s inventory of record
systems.
Submit comments on or before
November 12, 2020. This modified
system will be effective upon
publication. New or modified routine
uses will be effective November 12,
2020.
DATES:
You may submit comments,
identified by docket number DHS–
2020–0007 by one of the following
methods:
• Federal e-Rulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
• Fax: 202–343–4010.
• Mail: Constantina Kozanas, 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 DHS–2020–0007. 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.
ADDRESSES:
See ‘‘Record Access Procedures’’
above.
SUMMARY:
64519
For
general questions, please contact: E.
Gayle Rucker, 202–406–5838,
PrivacyServicesProgram@usss.dhs.gov,
Privacy Officer, United States Secret
Service, 245 Murray Lane SW, Building
T–5, Washington, DC 20223. For privacy
questions, please contact: Constantina
Kozanas, (202) 343–1717, Privacy@
hq.dhs.gov, Chief Privacy Officer,
Privacy Office, Department of Homeland
Security, Washington, DC 20528–0655.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
I. Background
In accordance with the Privacy Act of
1974, 5 U.S.C. 552a, the Department of
Homeland Security (DHS) United States
Secret Service (USSS) proposes to
modify and reissue a current DHS
system of records titled, DHS/USSS 004
Protection Information System of
Records. Information collected in this
E:\FR\FM\13OCN1.SGM
13OCN1
Agencies
[Federal Register Volume 85, Number 198 (Tuesday, October 13, 2020)]
[Notices]
[Pages 64515-64519]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-22535]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
[Docket No. ICEB-2020-0003]
Privacy Act of 1974; System of Records
AGENCY: Department of Homeland Security, Immigration and Customs
Enforcement.
ACTION: Notice of a Modified System of Records.
-----------------------------------------------------------------------
SUMMARY: In accordance with the Privacy Act of 1974, the Department of
Homeland Security (DHS) proposes to modify and reissue a current DHS
system of records titled, ``Department of Homeland Security/U.S.
Immigration and Customs Enforcement-004 Bond Management Information
System, System of Records.'' This system of records contains
information related to the bond management process and supports the
administrative and financial activities related to immigration bonds
for U.S. Immigration and Customs Enforcement (ICE) Offices, including
the Office of Financial Management and the Office of Enforcement and
Removal Operations. This system of records covers records the
Department collects and maintains on detained aliens in custody and on
individuals involved in the processing and posting of immigration
bonds.
DHS/ICE is updating this system of records to (1) expand the
categories of records to include electronic communications between ICE
officers and surety agents; (2) update Routine Use E and add Routine
Use F to comply with Office of Management and Budget policy pertaining
to data breach procedures; (3) add nine new routine uses to allow the
Department of Homeland Security to share information from the system;
and (4) make non-substantive edits to the routine uses to align with
previously published Department of Records Notices. Additionally, this
notice includes non-substantive changes to simplify formatting and text
of the previously published notice. This modified system will be
included in the Department of Homeland Security's inventory of records
systems.
DATES: Submit comments on or before November 12, 2020. This modified
system will be effective upon publication. New or modified routine uses
will become effective November 12, 2020.
ADDRESSES: You may submit comments, identified by docket number ICEB-
2020-0003 by one of the following methods:
Federal e-Rulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments.
Fax: 202-343-4010.
Mail: Constantina Kozanas, 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 ICEB-2020-0003. 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: For general questions, please contact:
Jordan Holz, Privacy Officer, U.S. Immigration and Customs Enforcement,
500 12th Street SW, Mail Stop 5004, Washington, DC 20536,
[email protected]. For privacy questions, please contact:
Constantina Kozanas, (202) 343-1717, [email protected], 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/ICE
proposes to modify and reissue a current DHS system of records notice
(SORN) titled, ``Department of Homeland Security/U.S. Immigration and
Customs Enforcement-004 Bond Management Information System.'' DHS/ICE
is updating the categories of records and routine uses of this system
of records notice to better reflect ICE's administration and financial
management activities related to the ICE immigration bond program. The
categories of records has been modified to include electronic
communications between ICE officers and surety agents. The routine uses
have been altered in several ways. Specifically, DHS is 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). Routine uses following Routine Use E and Routine Use F are
being renumbered to account for this additional routine use. ICE is
also adding Routine Uses M through U to account for information shared
external to DHS, which are listed below. The following is a summary of
the new routine uses and their corresponding letter:
(M) To federal, state, local, tribal, territorial,
international, or foreign government agencies or entities for the
purpose of consulting with that agency or entity in matters related to
redress (e.g., determinations, identity of an individual, verify the
accuracy of information submitted);
(N) To an attorney who is acting on behalf of a
prospective claimant for the purpose of negotiating settlements of an
actual or prospective claim against DHS or its current or former
employees;
(O) To international, foreign, intergovernmental, and
multinational government agencies, authorities, and organizations in
accordance with law and formal or informal international arrangements;
(P) To appropriate federal, state, local, tribal,
territorial, or foreign governmental agencies or multilateral
governmental organizations for the purpose of protecting the vital
interests of a data subject or other persons, to combat significant
public health threats;
(Q) To a former employee of DHS for purposes of responding
to an official inquiry by federal, state, local, tribal, or territorial
government agencies or professional licensing authorities or
facilitating communications for personnel-related or other official
purposes regarding a matter within that person's former area of
responsibility;
(R) 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;
[[Page 64516]]
(S) To federal, state, local, tribal, territorial,
foreign, or international agencies, if DHS determines that failure to
disclose information related to the hiring or retention of an
individual, or the issuance of a security clearance, license, contract,
grant, or other benefit is likely to create a significant risk to the
government (e.g., facilities, personnel), sensitive information,
critical infrastructure, or the public safety;
(T) 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, a matter
under DHS's jurisdiction, or during a proceeding within the purview of
the immigration and nationality laws, when necessary to carry out DHS
functions and statutory mandates; and
(U) 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.
In addition, non-substantive language changes have been made to
additional routine uses to clarify disclosure policies that are
standard across DHS and to align with previously published DHS SORNs.
Lastly, this notice includes non-substantive changes to simply
formatting and text of previously published notice.
The purpose of this system is to maintain records related to the
administration and financial management operations associated with the
immigration bonds that are posted for detained aliens in removal
proceedings and/or as voluntary departure bonds. An immigration bond is
a formal written guaranty by the obligor posted as security for the
amount of the bond that assures DHS that all of the conditions of the
bond will be fulfilled by the obligor as guarantor. For example,
immigration bonds may be posted by surety companies that have obtained
a certificate to do so from the Department of the Treasury, or by an
individual's or entity's pledge (deposit) of cash or U.S. securities.
If the conditions of a bond are satisfied, the bond must be cancelled
and, if a cash bond, the principal and accrued interest must be
returned to the obligor. If a bond is declared breached, the cash
deposited as security will be forfeited and accrued interest will be
returned to the obligor.
The information and records covered by this SORN is maintained in
ICE's Bond Management Information System (BMIS) Web, an immigration
bond management database used by the ICE Office of Financial Management
(OFM) to support the tracking and recording of bond management
activities. In addition, the information stored in BMIS is used by
Enforcement and Removal Operations (ERO) and surety agents to
facilitate the bond management processes and provide surety agents with
access to bond-related documentation. BMIS provides ICE offices with an
automated mechanism for maintaining and reporting on all immigration
bonds.
Consistent with DHS's information sharing mission, records covered
by this SORN may be shared with other DHS Components that have a need
to know the information to carry out their national security, law
enforcement, immigration, intelligence, or other homeland security
functions. In addition, DHS/ICE may share information with appropriate
federal, state, local, tribal, territorial, foreign, or international
government agencies consistent with the routine uses set forth in this
system of records notice. For example, BMIS information is also shared
with the Internal Revenue Service to report any interest paid to
obligors and for income tax purposes. Information about surety bonds
may be shared with Department of Justice legal counsel; the Department
of the Treasury; insurance investigators for surety companies; and
legal representatives for surety companies and bonding agencies. This
information is shared when ICE is pursuing further collection efforts
on the surety bond receivables or if an agent of a bonding agency that
posts surety bonds is being investigated for its business practices.
Additionally, 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). This modified system will be included in DHS's
inventory of record systems.
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 a statutory right to covered persons to make requests for
access and amendment to covered records, as defined by the JRA, along
with judicial review for denials of such requests. The JRA prohibits
disclosures of covered records, except as otherwise permitted by the
Privacy Act.
Below is the description of the DHS/ICE-004, Bond Management
Information System (BMIS) 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:
The Department of Homeland Security (DHS) Immigration and Customs
Enforcement (ICE) DHS/ICE-004 Bond Management Information System (BMIS)
System of Records.
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
Records in BMIS are maintained in electronic form at the U.S.
Immigration and Customs Enforcement Headquarters and in DHS Data
Centers.
SYSTEM MANAGER(S):
Deputy Division Chief of Financial Systems, ICE Office of Financial
Management, 1201 Maryland Avenue SW, Washington, DC 20024
[email protected].
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
Sections 103, 212(g), 213, 214, 236, 240B, 241(c)(2)(C)(i), 286,
and 293 of the Immigration and Nationality Act of 1982, as amended (8
U.S.C. 1103, 1182(g), 1183, 1184, 1226, 1229c, 1231(c)(2)(C)(i),
1356(r), and 1363, respectively).
PURPOSE(S) OF THE SYSTEM:
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 maintenance,
cancellation, and revocation of bonds. Financial management operations
include collection, reimbursement, or forfeiture of the bond principal;
calculation, payment, and reporting of interest income; calculation,
withholding, and reporting of income taxes; and the collection or
filing of associated income tax forms.
[[Page 64517]]
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); individuals for whom an immigration bond is posted (known as
bonded individuals); family members (bond requesters); individuals who
arrange for the posting of surety bonds for aliens (known as
indemnitors); the surety company and individual surety bond agents who
post surety bonds; and notaries public and attorneys in fact.
CATEGORIES OF RECORDS IN THE SYSTEM:
Categories of records in this system include, for example:
For the Obligor: Name; Social Security number (SSN)/Tax
Identification Number (TIN); address; phone number; U.S. citizenship or
immigration status; and government-issued identification (type and
number) shown at the time the bond is posted; and income tax-related
information, such as taxpayer status, rate of withholding, income taxes
withheld, income reporting (interest paid), tax treaty status, foreign
tax identification number, country of residence, and information
collected or reported on various income tax forms, such as IRS Forms W-
9, W-8BEN, 945, 1042, 1042-S, and 1099-INT.
For the Bonded Individual: 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 Surety Bonding Agent: Name; Tax Identification Number;
address(es); and phone number.
For notary public and attorneys in fact: Name and phone number.
General bond information, that is associated with one of the types
of individuals listed above, 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 Department of Homeland Security (DHS)
officials that approve, cancel, or declare breaches of bonds;
communications between ICE and the surety agents, such as information
related to the administration, issuance, breach termination, or
cancellation of a bond; dates, forms, and status and outcome concerning
motions to reconsider a breach or cancellation of bonds; and dates,
forms, and status and outcome concerning bond-related appeals.
RECORD SOURCE CATEGORIES:
Records are obtained from categories of individuals listed and
described above.
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 Offices of the
U.S. Attorneys, or other federal agencies conducting litigation or in
proceedings before any court, adjudicative, or administrative body,
when it is relevant or necessary to the litigation and one of the
following is a party to the litigation or has an interest in such
litigation:
1. DHS or any component thereof;
2. Any employee or former employee of DHS in his/her official
capacity;
3. Any employee or former employee of DHS in his/her individual
capacity, 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 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.
H. 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.
I. To the Department of the Treasury and its bureaus to carry out
financial transactions and any debt- or tax-related reporting,
withholding, collection, and/or processing activities required or
permitted by federal law, regulation or policy.
J. To the Department of Justice, the Department of the Treasury,
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.
K. To agencies, individuals, or entities as necessary to locate
individuals who are owed money or property connected with the issuance
of an immigration bond.
[[Page 64518]]
L. 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.
M. 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.
N. To an attorney who is acting on behalf of a prospective claimant
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.
O. To international, foreign, intergovernmental, and multinational
government agencies, authorities, and organizations in accordance with
law and formal or informal international arrangements.
P. To appropriate federal, state, local, tribal, territorial, or
foreign governmental agencies or multilateral governmental
organizations for the purpose of protecting the vital interests of a
data subject or other persons, including to assist such agencies or
organizations in preventing exposure to or transmission of a
communicable or quarantinable disease or to combat other significant
public health threats.
Q. To a former employee of DHS for purposes of responding to an
official inquiry by federal, state, local, tribal, or territorial
government agencies or professional licensing authorities; or
facilitating communications with a former employee that may be relevant
and necessary for personnel-related or other official purposes when DHS
requires information or consultation assistance from the former
employee regarding a matter within that person's former area of
responsibility.
R. 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.
S. 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 significant risk to government
facilities, equipment, or personnel; sensitive information; critical
infrastructure; or the public safety.
T. 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.
U. 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.
V. 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 in a central
database or on paper in secure facilities in a locked drawer behind a
locked door. The records are stored on magnetic disc, tape, and digital
media.
POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
DHS/ICE retrieves by any of the following: Bond number, SSN or TIN,
name, Alien Number, obligor name, surety company name, or location and
date bond was posted.
POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
In accordance with the Bond Management Information System (BMIS
Web) schedule N1-567-10-11, ICE maintains records for six years and
three months after the bond is closed, cancelled or breached and the
collateral is returned to the obligor (when applicable). Copies of
forms completed as part of the immigration bonds process (e.g., Form I-
352 (Immigration Bond) or Form I-395 (Affidavit In Lieu of Lost Receipt
of United States ICE For Collateral Accepted As Security)) are placed
into the bonded individual's A-File and maintained for the life of that
file until transferred to the National Archives (100 years from the
date of the alien's birthdate) in accordance with N1-566-08-11.
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. DHS/ICE has imposed strict controls 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.
RECORD ACCESS PROCEDURES:
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 Chief Privacy Officer and ICE's
FOIA Officer, whose contact information can be found at https://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 Judicial Redress Act provide a right of
access, certain records about a person may be available under the
Freedom of Information Act.
When an individual is seeking records about himself or herself from
this
[[Page 64519]]
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/her
identity, meaning that the individual must provide his/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 Freedom of Information
Act Officer, https://www.dhs.gov/foia or 1-866-431-0486. In addition,
the individual should:
Explain why he or she believes the Department would have
the information being requested;
Identify which component(s) of the Department he or she
believes may have the information;
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 the request is seeking records pertaining to another living
individual, the request must include an authorization from the
individual whose record is being requested, authorizing the release to
the requestor.
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:
For records covered by the Privacy Act or covered JRA records,
individuals may make a request for amendment or correction of a record
of the Department about the individual by writing directly to the
Department component that maintains the record, unless the record is
not subject to amendment or correction. The request should identify
each particular record in question, state the amendment or correction
desired, and state why the individual believes that the record is not
accurate, relevant, timely, or complete. The individual may submit any
documentation that would be helpful. If the individual believes that
the same record is in more than one system of records, the request
should so state and be addressed to each component that maintains a
system of records containing the record.
Individuals who wish to contest the accuracy of records in this
system of records should submit these requests to the Privacy Division
of the ICE Information Governance & Privacy Office. Requests must
comply with verification of identity requirements set forth in
Department of Homeland Security 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 Information Governance & Privacy Office, ATTN:
Privacy Division, 500 12th Street SW, Mail Stop 5004, Washington, DC
20536. By email: [email protected].
Please contact the Privacy Division with any questions about
submitting a request at [email protected].
NOTIFICATION PROCEDURES:
See ``Record Access Procedures'' above.
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
None.
HISTORY:
DHS/ICE-004 Bonds Management Information System (BMIS) System of
Records, 76 FR 8761 (February 15, 2011).
Constantina Kozanas,
Chief Privacy Officer, Department of Homeland Security.
[FR Doc. 2020-22535 Filed 10-9-20; 8:45 am]
BILLING CODE 9111-28-P