[Federal Register Volume 76, Number 31 (Tuesday, February 15, 2011)]
[Notices]
[Pages 8761-8764]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-3448]


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DEPARTMENT OF HOMELAND SECURITY

Office of the Secretary

[Docket No. ICEB-2011-0001]


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.

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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 (Dec. 21, 2009) to expand the categories of records 
and system purpose, and to modify an existing routine use. An existing 
category of records has been expanded to include records collected, 
created, or maintained for income tax purposes. The purpose has been 
updated to include the withholding of income taxes from payments made 
to bond obligors. A routine use has been modified to clarify the scope 
of disclosures made from the system to the U.S. Department of the 
Treasury.

DATES: The established system of records will be effective March 17, 
2011. Written comments must be submitted on or before March 17, 2011.

ADDRESSES: You may submit comments, identified by ICEB-2011-0001 by one 
of the following methods:
    <bullet> Federal e-Rulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
    <bullet> Fax: 703-483-2999.
    <bullet> Mail: Mary Ellen Callahan, Chief Privacy Officer, Privacy 
Office, Department of Homeland Security, Washington, DC 20528.
    <bullet> Instructions: All submissions received must include the 
agency name and docket number for this rulemaking. All comments 
received will be posted without change to http://www.regulations.gov, 
including any personal information provided.
    <bullet> Docket: For access to the docket to read background 
documents or comments received go to http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Lyn Rahilly, Privacy Officer, U.S. 
Immigration and Customs Enforcement, 500 12th Street, SW., Mail Stop 
5004, Washington, DC 20536 (202-732-3300), or Mary Ellen Callahan, 
Chief Privacy Officer, Privacy Office, U.S. Department

[[Page 8762]]

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 (74 FR 57891, Dec. 21, 2009) expand the 
categories of records, purposes, and an existing routine use. 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.
    Some of the information in this system of records is maintained in 
BMIS, 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 Enforcement and Removal 
Operations (ERO) field office until the bond is considered closed. 
(BMIS was formerly known as BMIS-Web.) The BMIS PIA was recently 
updated to reflect the initiation of income tax withholding from 
interest payments made to individuals who post a cash immigration bond. 
These withholding payments are mandatory for foreign nationals, and in 
some cases may occur for U.S. citizens or lawful permanent residents. 
To properly implement and document these withholding requirements, ICE 
will also be collecting and/or reporting income tax-related information 
using various IRS forms. The BMIS PIA Update is available on the 
Department of Homeland Security (DHS) Privacy Office Web site at http://www.dhs.gov/privacy.
    Accordingly, DHS is modifying the BMIS system of records in order 
to support and provide public notice in advance of the initiation of 
income tax withholdings and the associated changes to BMIS. An existing 
category of records has been expanded to include information ICE 
collects, creates or maintains for income tax purposes. The purpose of 
the system of records has been expanded and clarified to include the 
payment and reporting of interest income; calculation, withholding, and 
reporting of income taxes; and the collection or filing of associated 
income tax forms. Finally, routine use H has been modified to expand 
and clarify the information that ICE may disclose from the system of 
records to the U.S. Department of the Treasury.

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 (BMIS).

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 who 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. Also, income tax-related information about the 
obligor, 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 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

[[Page 8763]]

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; calculation, payment and reporting of interest 
income; calculation, withholding, and reporting of income taxes; and 
the collection or filing of associated income tax forms.

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 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. 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.
    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.

[[Page 8764]]

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; Chief, Bond Management Unit, Office of 
Enforcement 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 http://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 form the Director, 
Disclosure and FOIA, http://www.dhs.gov or 1-866-431-0486. In addition 
you should provide the following:
    <bullet> An explanation of why you believe the Department would 
have information on you,
    <bullet> Identify which component(s) of the Department you believe 
may have the information about you,
    <bullet> Specify when you believe the records would have been 
created,
    <bullet> Provide any other information that will help the FOIA 
staff determine which DHS component agency may have responsive records,
    <bullet> 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.

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

Exemptions claimed for the system:
    None.

    Dated: January 19, 2011.
Mary Ellen Callahan,
Chief Privacy Officer, Department of Homeland Security.
[FR Doc. 2011-3448 Filed 2-14-11; 8:45 am]
BILLING CODE 9111-28-P