[Federal Register Volume 63, Number 243 (Friday, December 18, 1998)]
[Notices]
[Pages 70159-70160]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-33498]


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DEPARTMENT OF JUSTICE

[AAG/A Order No. 158-98]


Privacy Act; Notice of Modified System of Records

    Pursuant to the provisions of the Privacy Act of 1974 (5 U.S.C. 
552a), notice is given that the Department of Justice proposes to 
modify a system of records. Specifically:
    The ``Bond Accounting and Control System (BACS), Justice/INS-
008''--last published October 5, 1993 (58 FR 51854)--has been retitled:
    ``Bond Management Information System (BMIS), Justice/INS-008.''
    In addition, the system description has been revised to reflect a 
change in equipment configuration. An outdated and failing system had 
provided limited direct access to personnel at the Immigration and 
Naturalization (INS) offices located in Burlington, Vermont and Twin 
Cities, Minnesota. The revised and updated system will no longer 
provide direct access to Twin Cities; but will permit direct access to 
authorized personnel at INS Headquarters and at other INS offices--when 
such personnel have been identified as those who need direct access in 
order to perform INS operations more effectively. Also, two routine 
uses (routine uses A. and B.) have been added; one has been removed; 
and a change has been made in the System Manager. Finally, as also 
indicated in the system description, a new retention and disposal 
schedule for these records is pending approval of the National Archives 
and Records Administration.
    Title 5 U.S.C. 552a(e)(4) and (11) provide that the public be given 
a 30-day period in which to comment on the new routine uses of a system 
of records. The Office of Management and Budget (OMB), which has 
oversight responsibilities under the Privacy Act, requires a 40-day 
period in which to conclude its review of the proposed modifications.
    Therefore, please submit any comments by January 19, 1999. The 
public, OMB, and the Congress are invited to send written comments to 
Patricia E. Neely, Program Analyst, Information Management and Security 
Staff, Justice Management Division, Department of Justice, Washington, 
DC 20530 (Room 850, WCTR Building).
    In accordance with 5 U.S.C. 552a(r), the Department has provided a 
report to OMB and the Congress on the proposed modification.

    Dated: December 2, 1998.
Stephen R. Colgate,
Assistant Attorney General for Administration.
JUSTICE/INS-008

SYSTEM NAME:
    Bond Management Information System (BMIS).

SYSTEM LOCATION:
    Immigration and Naturalization Service (INS), Headquarters and 
certain other regional, district, and/or other field offices as needed. 
(Currently, the only field office maintaining this system is 
Burlington, Vermont.) Addresses of offices are listed in JUSTICE/INS-
999 as published in the Federal Register, or in the telephone 
directories of the respective cities listed above under the heading 
``United States Government, Immigration and Naturalization Service.''

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Individuals who have posted a bond with INS and the beneficiaries 
of posted bonds.

CATEGORIES OF RECORDS IN THE SYSTEM:
    Information which allows identification of active bonds posted with 
INS such as: Bond number, obligor's name and address, alien 
beneficiary's name and alien file number, type of bond, location and 
date bond was posted, and other data related to the bond.

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):
    Information in this system of records will be used by employees of 
INS to control and account for collateral received to support an 
immigration bond, and may be used to prepare timely responses to 
inquiries about these records.

[[Page 70160]]

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND THE PURPOSES OF SUCH USES:
    Relevant information contained in this system of records may be 
disclosed as follows:
    A. Where the record, either on its face or in conjunction with 
other information, indicates a violation or potential violation of law 
(whether civil, criminal, or regulatory in nature) to the appropriate 
agency (whether Federal, State, local, or foreign) charged with the 
responsibility of investigating or prosecuting such violations or 
charged with enforcing or implementing the related statute, rule, 
regulation, or order pursuant thereto.
    B. In a proceeding before a court or adjudicative body before which 
INS or the Department of Justice (DOJ) is authorized to appear when any 
of the following is a party to litigation or has an interest in 
litigation and such records are determined by INS or DOJ to be arguably 
relevant to the litigation: The DOJ, or any DOJ component or 
subdivision thereof; any DOJ employee in his/her official capacity; any 
DOJ employee in his/her individual capacity where the DOJ has agreed to 
represent the employee; or the United States where INS or the DOJ 
determines that the litigation is likely to affect it or any of its 
subdivisions.
    C. To a member of Congress, or staff acting upon the member's 
behalf, when the member or staff requests the information on behalf of 
and at the request of the individual who is the subject of the record.
    D. To the National Archives and Records Administration (NARA) and 
the General Services Administration in records management inspections 
conducted under the authority of 44 U.S.C. 2904 and 2906.

POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, 
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
    Information is stored on magnetic disks.

RETRIEVABILITY:
    Records may be retrieved by any of the following: Alien's name, 
alien's file number, obligor's name, bond-receipt control number, 
breach control number, or location and date bond was posted.

SAFEGUARDS:
    Access can be obtained only through remote terminals which are 
located in secured areas of secured buildings and through the use of 
restricted passwords assigned to authorized personnel.

RETENTION AND DISPOSAL:
    The following INS proposal for retention and disposal is pending 
approval by NARA. Six years after the bond is disbursed, breached, or 
closed, all records will be archived and stored at the DOJ Archives 
Center for seven years and then destroyed.

SYSTEM MANAGER(S) AND ADDRESS:
    The Assistant Commissioner, Office of Financial Management, 425 I 
Street, NW, Washington, DC 20536.

NOTIFICATION PROCEDURES:
    Inquiries should be addressed to the system manager.

RECORD ACCESS PROCEDURES:
    In all cases, requests for access to a record shall be in writing. 
Written requests may be submitted by mail or in person at any INS 
system location where bond activity records are located. (See ``System 
Location.'') If a request for access is made by mail, the envelope and 
letter should be clearly marked ``Privacy Access Request.'' To enable 
INS to identify an individual's record, he or she must provide his or 
her full name, alien file number, location and date bond was posted, 
and a return address for transmitting the information.

CONTESTING RECORD PROCEDURES:
    Any individual desiring to contest or amend information must direct 
his or her request to Headquarters or other appropriate system location 
(see ``System Locations'') and state clearly what information is being 
contested; the reason for contesting it; and the proposed amendment to 
the information.

RECORD SOURCE CATEGORIES:
    Individuals covered by the system.

SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS OF THE ACT:
    None.

[FR Doc. 98-33498 Filed 12-17-98; 8:45 am]
BILLING CODE 4410-10-M