[Federal Register Volume 73, Number 177 (Thursday, September 11, 2008)]
[Notices]
[Pages 52865-52868]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-21075]


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DEPARTMENT OF HOMELAND SECURITY

Office of the Secretary

[Docket No. DHS-2008-0079]


Privacy Act of 1974; U.S. Immigration and Customs Enforcement 
Bond Management Information System (BMIS) System of Records

AGENCY: Privacy Office, DHS.

ACTION: Notice of Privacy Act system of records.

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SUMMARY: In accordance with the Privacy Act of 1974 and as part of the 
Department of Homeland Security's ongoing effort to review and update 
legacy system of record notices, U.S. Immigration and Customs 
Enforcement (ICE) proposes to republish a legacy record system titled 
Justice/INS.008, Bond Management Information System (63 FR 70159, Dec. 
18, 1998) as an ICE system of records titled Bond Management 
Information System. Categories of individuals, categories of records, 
and the routine uses of this legacy system of records notice has been 
consolidated and updated to better reflect the agency's immigration 
bond administration and financial management records. This system will 
be included in the Department of Homeland Security's inventory of 
record systems. ICE is not claiming any Privacy Act exemptions for this 
system of records.

DATES: The established system of records will be effective October 14, 
2008. Written comments must be submitted on or before October 14, 2008.

ADDRESSES: You may submit comments, identified by docket number DHS-
2008-0079 by one of the following methods:
    <bullet> Federal e-Rulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
    <bullet> Fax: 1-866-466-5370.
    <bullet> Mail: Hugo Teufel III, 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 (202-514-1900), Privacy 
Officer, U.S. Immigration and Customs Enforcement, 425 I Street, NW., 
Washington, DC 20536, or Hugo Teufel III (703-235-0780), Chief Privacy 
Officer, Privacy Office, U.S. Department of Homeland Security, 
Washington, DC 20528.

SUPPLEMENTARY INFORMATION:

I. Background

    The Bond Management Information System (BMIS) is a collection of 
records used to record and maintain for bond administration and 
financial management purposes the immigration bonds that are posted for 
aliens. Immigration bond administration includes tracking the issuance, 
maintenance, cancellation, and revocation of bonds. Financial 
management activities 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. Pursuant to the savings clause in the Homeland 
Security Act of 2002, Public Law 107-296, section 1512, 116 Stat. 2310 
(November 25, 2002), DHS and its components and offices have relied on 
preexisting Privacy Act systems of records notices for the maintenance 
of records that concern the administration and financial management 
operations of ICE's immigration bond program.
    The BMIS system of records includes immigration bond data 
maintained in ICE's enforcement records and in BMIS Web, a new 
immigration bond management database that will be 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. BMIS Web launched as a pilot in August 2008, with full 
deployment scheduled for September 2008. With the deployment of BMIS 
Web, ICE will retire the predecessor database known as BMIS. A PIA was 
conducted on BMIS Web because it is a new system that will maintain 
personally identifiable information. The BMIS Web PIA is available on 
the Department of Homeland Security (DHS) Privacy Office Web site at  
http://www.dhs.gov/privacy.
    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. Immigration bonds may be posted for the release from 
detention of aliens in removal proceedings and/or as voluntary 
departure bonds. Immigration bonds may be posted by surety companies 
that have obtained a certificate to do so from the U.S. Treasury 
Department, 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 returned to the obligor. If a bond is declared breached, the 
cash deposited as security will be forfeited and accrued interest 
returned to the obligor. Surety companies must make payment to DHS for 
the full amount of the bond plus interest and penalties. All of these 
bond activities are tracked in BMIS.
    BMIS maintains personal information about individuals who post cash 
bonds (known as obligors) or who request a surety bond (known as 
indemnitors), the bonded alien, the surety company and bonding agency/
agent, and other general information about the bond itself, such as 
amount, number, date, etc. Information about the bonded alien may be 
shared with individuals or entities seeking to post or that have 
already posted an immigration bond for the

[[Page 52866]]

alien. BMIS information is also shared with the Internal Revenue 
Service to report any interest paid to obligors. Information about 
surety bonds may be shared with Department of Justice legal counsel; 
the U.S. Treasury Department; insurance investigators for surety 
companies; or bonding agencies 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 or bonding agency that posts surety bonds is being 
investigated for its business practices.
    Consistent with DHS's information sharing mission, information 
stored in BMIS may be shared with other DHS components, as well as 
appropriate Federal, State, local, tribal, foreign, or international 
government agencies. This sharing will only take place after DHS 
determines that the receiving component or agency has a need to know 
the information to carry out national security, law enforcement, 
immigration, intelligence, or other functions consistent with the 
routine uses set forth in this system of records notice.

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 new 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.
    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

[[Page 52867]]

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) ICE 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 ICE 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 ICE'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. 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, 425 I 
Street, NW., 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-0550, 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, 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,

[[Page 52868]]

    <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: September 3, 2008.
John W. Kropf,
Acting Chief Privacy Officer, Department of Homeland Security.
[FR Doc. E8-21075 Filed 9-10-08; 8:45 am]
BILLING CODE 4410-10-P