Sorn Dhs/all 23

Federal Register / Vol. 85, No. 198 / Tuesday, October 13, 2020 / Notices
selection of Committee members on the
basis of race, color, religion, sex,
national origin, political affiliation,
sexual orientation, gender identity,
marital status, disabilities and genetic
information, age, membership in an
employee organization, or any other
non-merit factor. The Department of
Homeland Security strives to achieve a
widely diverse candidate pool for all of
its recruitment selections.
If you are interested in applying to
become a member of the Committee,
send your cover letter and resume to Mr.
Jonathan Wendland, Alternate
Designated Federal Officer of the
National Commercial Fishing Safety
Advisory Committee via one of the
transmittal methods in the ADDRESSES
section by the deadline in the DATES
section of this notice.
If you send your application to us via
email, we will send you an email
confirming receipt of your application.
Dated: October 6, 2020.
Wayne R. Arguin, Jr.,
Captain, U.S. Coast Guard, Director of
Inspections and Compliance.
[FR Doc. 2020–22571 Filed 10–9–20; 8:45 am]
BILLING CODE 9110–04–P

DEPARTMENT OF HOMELAND
SECURITY
[Docket No. DHS–2020–0005]

Privacy Act of 1974; System of
Records
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 a current DHS system of records
titled, ‘‘Department of Homeland
Security/ALL–023 Personnel Security
Management System of Records.’’ This
system of records describes DHS’s
collection and maintenance of records
related to the processing of personnel
security-related clearance actions,
suitability determinations, fitness
determinations, whether security
clearances are issued or denied, and the
verification of eligibility for access to
classified information or assignment to
a sensitive position.
DATES: 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.

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SUMMARY:

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You may submit comments,
identified by docket number DHS–
2020–0005 by one of the following
methods:
• Federal e-Rulemaking Portal: http://
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–2020–0005. All
comments received will be posted
without change to http://
www.regulations.gov, including any
personal information provided.
Docket: For access to the docket to
read background documents or
comments received, go to http://
www.regulations.gov.

ADDRESSES:

For
general and 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
The Department of Homeland
Security requires certain individuals,
such as employees and contractors, to
undergo a background investigation
prior to being granted access to DHS
information and facilities. Some DHS
components have delegated authority
from the Office of Personnel
Management as the Suitability
Executive Agent and the Office of the
Director of National Intelligence as the
Security Executive Agent to conduct
their own personnel security
investigations. This system of records
covers background investigations
completed by those DHS components
with delegated authority (e.g., CBP,
ICE), and adjudications of background
investigations for all DHS personnel.1
DHS is modifying and reissuing DHS/
ALL–023 Personnel Security
Management SORN. DHS and its
components and offices rely on this
SORN for the collection and
maintenance of records that pertain to
personnel security management. The
DHS/ALL–023 Personnel Security
Management System of Records is the
baseline system for personnel security
activities, as led by the DHS Office of
1 Background investigations for all other
components are conducted by the Department of
Defense and fall under Personnel Vetting Records
System, DUSDI 02–DoD, 83 FR 52420 (October 17,
2018).

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the Chief Security Officer, for the
Department. DHS is updating the
purpose of this SORN to include:
• Adding the use of personnel
security records to assess eligibility for
Law Enforcement Officers Safety Act
(LEOSA) Photographic identification
cards.
• Adding the Prison Rape Elimination
Act of 2003 (PREA) as an authority for
collection.
• Updating the category of
individuals to include those individuals
who are seeking a credential that
requires review of information
contained in this system of records.
• Updating the categories of records
to include publicly available
information, such as information
obtained from social media, that may be
collected as part of the background
investigation process, as described in
Office of the Director of National
Intelligence (ODNI) Security Executive
Agent Directive (SEAD) 5; address and
phone number for individuals;
polygraph records; fingerprints and
fingerprint records; and information
about an individual’s character
reference(s). Additionally, DHS is
updating the category of records to
include information collected as part of
the Department’s compliance with the
Prison Rape Elimination Act of 2003.
• Modifying routine uses E and F as
required by OMB Memorandum M–17–
12, modifying routine use J to clarify
when DHS may share information from
this SORN with a potential or current
employer; and adding routine use M to
document sharing with the National
Counterintelligence and Security Center
(NCSC) for the purpose of continuous
evaluation.
• Updating the retention schedule to
conform to the new General Records
Schedule 5.6.
This notice also includes nonsubstantive changes to simplify the
formatting and text of the previously
published notice.
Consistent with DHS’s information
sharing mission, information stored in
the DHS/ALL–023 Personnel
Management System of Records 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 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.
There will be no change to the Privacy
Act exemptions currently in place for
this system of records and therefore they

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Federal Register / Vol. 85, No. 198 / Tuesday, October 13, 2020 / Notices
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:

remain in effect. This updated system
will continue to 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 covered
persons with a statutory right to make
requests for access and amendment to
covered records, as defined by the JRA,
along with judicial review for denials of
such requests. In addition, the JRA
prohibits disclosures of covered records,
except as otherwise permitted by the
Privacy Act.
Below is the description of the DHS/
ALL–023 Personnel Security
Management 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:

Department of Homeland Security
(DHS)/ALL–023 Personnel Security
Management System of Records.
SECURITY CLASSIFICATION:

Unclassified and classified.

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SYSTEM LOCATION:

Records are maintained at several
DHS Headquarters locations and
component offices in Washington, DC
and field locations. For records on
background investigations maintained
and adjudicated by the Office of
Personnel Management (OPM) or the
Department of Defense’s (DoD) Defense
Counterintelligence and Security
Agency, OPM or DoD’s DCSA may
retain copies of those records and files
pursuant to their records retention
schedules.
SYSTEM MANAGER(S):

Enterprise Security Services Division
(202–447–5010), Office of the Chief
Security Officer, Department of
Homeland Security, Washington, DC
20528.

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8 U.S.C. 1357(g); 19 U.S.C. 1401(i);
Prison Rape Elimination Act of 2003,
Public Law 108–79, 117 Stat. 972 (45
U.S.C. 15601 et seq.); Executive Order
(E.O.) 9397, as amended by E.O. 13478;
E.O. 10450; E.O. 12968; E.O. 13467; E.O.
13764; E.O. 13869; 5 CFR 731; 5 CFR
732; 5 CFR 736; Homeland Security
Presidential Directive 12; SEAD 2;
SEAD 4; SEAD 5; SEAD 6; 6 CFR part
115; and Intelligence Community
Directive 704.
PURPOSE(S) OF THE SYSTEM:

The purpose of this system is to
collect and maintain records of
processing of personnel security-related
clearance actions, to record suitability
determinations, fitness determinations,
whether security clearances are issued
or denied, and to verify eligibility for
access to classified information or
assignment to a sensitive position. Also,
records may be used by the Department
for adverse personnel actions such as
removal from sensitive duties, removal
from employment, denial to a restricted
or sensitive area, and revocation of
security clearance. The system also
assists in capturing background
investigations and adjudications;
directing the clearance process for
granting, suspending, revoking, and
denying access to classified information;
directing the clearance process for
granting, suspending, revoking, and
denying other federal, state, local, or
foreign law enforcement officers the
authority to enforce federal laws on
behalf of DHS; managing state, local,
tribal, and private sector clearance
programs and contractor fitness
programs; determining eligibility for
credentials such as the Law
Enforcement Officers Safety Act
(LEOSA) Photographic identification
card; determining eligibility for
unescorted access to DHS-owned, DHSoccupied, or DHS-secured facilities or
information technology systems; and/or
other activities relating to personnel
security management responsibilities at
DHS.
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:

Categories of individuals covered by
this system include federal employees,
applicants, excepted service federal
employees, contractor employees,
retired employees, and past employees
providing support to DHS who require
or required: (1) Unescorted access to
DHS-owned facilities, DHS-controlled
facilities, DHS-secured facilities, or
commercial facilities operating on
behalf of DHS; (2) access to DHS
information technology (IT) systems and

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the systems’ data; or (3) access to
national security information, including
classified information.
Also covered are: (1) State, local, and
tribal government personnel and private
sector individuals who serve on an
advisory committee or board sponsored
by DHS; (2) federal, state, local, and
foreign law enforcement personnel who
apply for or are granted authority to
enforce federal laws on behalf of DHS;
and (3) individuals, including state,
local, and tribal government personnel
and private sector individuals, who are
authorized by DHS to access
Departmental facilities, communications
security equipment, and/or information
technology systems that process
sensitive or classified national security
information.
CATEGORIES OF RECORDS IN THE SYSTEM:

• Individual’s name;
• Individual’s address;
• Individual’s phone number;
• Date and place of birth;
• Social Security number;
• Citizenship;
• Access Control Pass or Credential
number;
• Facial photograph;
• Fingerprints and fingerprint
records;
• Polygraph reports, polygraph
charts, polygraph tapes, and notes from
polygraph interviews or activities
related to polygraph interviews;
• Records relating to the management
and operation of DHS personnel
security programs, including but not
limited to:
Æ Completed standard form
questionnaires such as SF–85, SF–85P,
and SF–86;
Æ Originals or copies of background
investigative reports;
Æ For individuals covered by the DHS
PREA rule, information related to
whether the individual has been
convicted of engaging or attempting to
engage in sexual activity facilitated by
force, overt or implied threats of force,
or coercion, or if the victim did not
consent or was unable to consent or
refuse; or who has been civilly or
administratively adjudicated to have
engaged in such activity;
Æ Supporting documentation related
to the background investigations and
adjudications including criminal
background, medical, and financial
data;
Æ Documentation related to an
individual’s character reference(s),
including names, addresses, telephone
numbers, and statements;
Æ Publicly available electronic
information, including information
obtained from social media;

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Æ Information related to
congressional inquiry; and
Æ Other information relating to an
individual’s eligibility for access to
classified or sensitive information.
• Records relating to management
and operation of DHS programs to
safeguard classified and sensitive but
unclassified information, including but
not limited to:
Æ Document control registries;
Æ Courier authorization requests;
Æ Non-disclosure agreements;
Æ Records of security violations;
Æ Records of document transmittals;
and
Æ Requests for secure storage and
communications equipment.
• Records relating to the management
and operation of DHS special security
programs, including but not limited to:
Æ Requests for access to sensitive
compartmented information (SCI);
Æ Contact with foreign officials and
foreign travel registries; and
Æ Briefing/debriefing statements for
special programs, sensitive positions,
and other related information and
documents required in connection with
personnel security clearance
determinations.
• Records relating to the management
and operation of the DHS security
program, including but not limited to:
Æ Inquiries relating to suspected
security violation(s);
Æ Recommended remedial actions for
possible security violation(s);
Æ Reports of investigation regarding
security violations;
Æ Statements of individuals;
Æ Affidavits;
Æ Correspondence;
Æ Documentation pertaining to
investigative or analytical efforts by
DHS Security program personnel to
identify threats to DHS personnel,
property, facilities, and information
(e.g., travel records obtained as part of
continuous evaluation); and
Æ Intelligence reports and database
results relating to DHS personnel,
applicants, or candidates for DHS
employment or access to DHS facilities
or information.

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RECORD SOURCE CATEGORIES:

Records are generated from the
individual receiving the background
investigation, relevant law enforcement
databases, publicly available electronic
information, and from sources contacted
during personnel and background
investigations.
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.

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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 the U.S. Attorneys Offices, or
other federal agencies conducting
litigation or 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. secs. 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

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64513

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 an appropriate federal, state,
local, tribal, foreign, or international
agency, if the information is relevant
and necessary to a requesting agency’s
decision concerning the hiring or
retention of an individual, or issuance
of a security clearance, license, contract,
grant, delegation or designation of
authority, or other benefit, or if the
information is relevant and necessary to
a DHS decision concerning the hiring or
retention of an employee, the issuance
of a security clearance, the reporting of
an investigation of an employee, the
letting of a contract, or the issuance of
a license, grant, delegation or
designation of authority, or other benefit
and disclosure is appropriate to the
proper performance of the official duties
of the person making the request.
J. To a prospective or current
employer that has, or is likely to have,
access to any government facility,
information, equipment, network, or
system, to the extent necessary to
determine the employment eligibility of
an individual, based on actions taken by
the Department pursuant to a personnel
security matter involving the individual.
K. To a court, magistrate, or
administrative tribunal in the course of
presenting evidence, including
disclosures to opposing counsel or
witnesses in the course of civil
discovery, litigation, or settlement
negotiations; in connection with
criminal law proceedings; or pursuant

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Federal Register / Vol. 85, No. 198 / Tuesday, October 13, 2020 / Notices

to the order of a court of competent
jurisdiction.
L. To third parties during the course
of a law enforcement investigation to
the extent necessary to obtain
information pertinent to the
investigation, provided disclosure is
appropriate to the proper performance
of the official duties of the officer
making the disclosure.
M. To a public or professional
licensing organization when such
information indicates, either by itself or
in combination with other information,
a violation or potential violation of
professional standards, or reflects on the
moral, educational, or professional
qualifications of an individual who is
licensed or who is seeking to become
licensed.
N. To the National
Counterintelligence and Security Center
(NCSC) to assist in the ongoing review
of an individual’s eligibility for access
to classified information or to hold a
sensitive position.
O. 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 an unwarranted invasion of
personal privacy.
POLICIES AND PRACTICES FOR STORAGE OF
RECORDS:

DHS stores records in this system
electronically or on paper in secure
facilities in a locked drawer behind a
locked door. The records may be stored
on magnetic disc, tape, and digital
media.
POLICIES AND PRACTICES FOR RETRIEVAL OF
RECORDS:

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DHS may be retrieve records by
individual’s name, date of birth, Social
Security number, if applicable, or other
unique individual identifier such as
access control pass or credential
number.
POLICIES AND PRACTICES FOR RETENTION AND
DISPOSAL OF RECORDS:

Pursuant to GRS 5.6, Items 170
through 200, records relating to persons
who were not granted security
clearances are destroyed one year after
consideration of the candidate ends, but
longer retention is authorized if

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required for business use. Records
related to individuals granted a
clearance are destroyed five years after
employee or contractor relationship
ends, but longer retention is authorized
if required for business use. Records
related to alleged security violations are
destroyed five years after closure of case
or final action, whichever is sooner, but
longer retention is authorized if
required for business use.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL
SAFEGUARDS:

DHS safeguards records in this system
according to applicable rules and
policies, including all applicable DHS
automated systems security and access
policies. DHS has imposed strict
controls to minimize the risk of
compromising the information that is
being stored. Access to the computer
system 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.
RECORD ACCESS PROCEDURES:

The Secretary of Homeland Security
has exempted this system from the
notification, access, and amendment
procedures of the Privacy Act, and the
Judicial Redress Act if applicable,
because it is a law enforcement system.
However, DHS will consider individual
requests to determine whether or not
information may be released. Thus,
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 Chief Freedom of
Information Act (FOIA) Officer, whose
contact information can be found at
http://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 you may be
available under the Freedom of
Information Act.
When an individual is seeking records
about himself or herself from this
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

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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, http://
www.dhs.gov/foia or 1–866–431–0486.
In addition, the individual should:
• Explain why he or she believes the
Department would have 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 requester must include an
authorization from the second
individual certifying his/her agreement
for the requester to access his/her
records.
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
state that and be addressed to each
component that maintains a system of
records containing the record.
NOTIFICATION PROCEDURES:

See ‘‘Record Access Procedures’’
above.

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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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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: http://
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 http://
www.regulations.gov, including any
personal information provided.
Docket: For access to the docket to
read background documents or
comments received, go to http://
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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