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Federal Register / Vol. 76, No. 31 / Tuesday, February 15, 2011 / Notices
records [September 24, 2009, 74 FR
48763].
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. The
access granted is based upon an
individual’s position of responsibilities
for ‘‘official use’’ only. FEMA employees
and/or contractors are allowed access to
the data as a function of their specific
job assignments within their respective
organizations and who have appropriate
clearances or permissions.
RETENTION AND DISPOSAL:

FEMA’s ‘‘Request for Records
Disposition Authority’’ was submitted to
NARA (Job Number N1–311–08–01) on
March 27, 2008, and approved by NARA
on June 27, 2008. The retention period
for information maintained in QARS
depends on the use of the data. Records
within QARS that are used in an
evaluation of a FEMA Customer Service
Representative or contractor will be
retained for six years, pursuant to
General Records Schedule ‘‘FEMA
Series Disaster Assistance Programs-15–
1.’’ Records that are not used in an
evaluation of a FEMA Customer Service
Representative or contractor will be
purged from the secured servers within
45 days, per General Records Schedule
‘‘FEMA Series Disaster Assistance
Programs-15–2.’’ QARS data is stored
separately from the applicant
information stored in NEMIS. NEMIS
has its own independent retention
policy.
Manager (940–891–8500), Enterprise
Performance Information Management
Section, Federal Emergency
Management Agency, Texas National
Processing Service Center, Denton, TX
76208.

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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 FEMA FOIA
Officer, whose contact information can
be found at http://www.dhs.gov/foia
under ‘‘contacts.’’
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

15:51 Feb 14, 2011

RECORD ACCESS PROCEDURES:

See ‘‘Notification procedure’’ above.
CONTESTING RECORD PROCEDURES:

See ‘‘Notification procedure’’ above.

SYSTEM MANAGER AND ADDRESS:

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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 of
perjury as a substitute for notarization.
While no specific form is required, you
may obtain forms for this purpose from
the Chief Privacy Officer and Chief
Freedom of Information Act Officer,
http://www.dhs.gov or 1–866–431–0486.
In addition you should provide the
following:
• An explanation of why you believe
the Department would have information
on you;
• Identify which component(s) of the
Department you believe may have the
information about you;
• Specify when you believe the
records would have been created;
• Provide any other information that
will help the FOIA staff determine
which DHS component agency may
have responsive records; and
• 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) may 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.

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RECORD SOURCE CATEGORIES:

Records are obtained from FEMA
employees and contractors in putting
data received from disaster applicants
and from those FEMA employees and/
or contractors engaged in the case
review of quality of customer service
provided to disaster assistance
applications by FEMA employees and
contractors.
EXEMPTIONS CLAIMED FOR THE SYSTEM:

None.
Dated: January 19, 2011.
Mary Ellen Callahan,
Chief Privacy Officer, Department of
Homeland Security.
[FR Doc. 2011–3449 Filed 2–14–11; 8:45 am]
BILLING CODE 9110–17–P

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8761

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
Privacy Office; DHS.
Notice of amended Privacy Act
system of records.

AGENCY:
ACTION:

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:
• Federal e-Rulemaking Portal:
http://www.regulations.gov. Follow the
instructions for submitting comments.
• Fax: 703–483–2999.
• Mail: Mary Ellen Callahan, Chief
Privacy Officer, Privacy Office,
Department of Homeland Security,
Washington, DC 20528.
• 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.
• Docket: For access to the docket to
read background documents or
comments received go to http://
www.regulations.gov.
SUMMARY:

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

FOR FURTHER INFORMATION CONTACT:

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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.

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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).
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.

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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 governmentissued 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:

SECURITY CLASSIFICATION:

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CATEGORIES OF INDIVIDUALS COVERED BY 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

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Federal Register / Vol. 76, No. 31 / Tuesday, February 15, 2011 / Notices
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.

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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

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Jkt 223001

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

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8763

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.

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Federal Register / Vol. 76, No. 31 / Tuesday, February 15, 2011 / Notices

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.

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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:
• An explanation of why you believe
the Department would have information
on you,
• Identify which component(s) of the
Department you believe may have the
information about you,
• Specify when you believe the
records would have been created,
• Provide any other information that
will help the FOIA staff determine
which DHS component agency may
have responsive records,

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• 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

DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
[USCG–2010–0981]

Collection of Information Under
Review by Office of Management and
Budget: OMB Control Number: 1625–
0073
Coast Guard, DHS.
Thirty-day notice requesting
comments.

AGENCY:
ACTION:

In compliance with the
Paperwork Reduction Act of 1995 the
U.S. Coast Guard is forwarding an
Information Collection Request (ICR),
abstracted below, to the, Office of
Management and Budget (OMB), Office
of Information and Regulatory Affairs
(OIRA), requesting an extension of its
approval for the following collection of
information: 1625–0073, Alteration of
Unreasonable Obstructive Bridges. Our
ICR describes the information we seek
to collect from the public. Review and
comments by OIRA ensure we only
impose paperwork burdens
commensurate with our performance of
duties.
DATES: Comments must reach the Coast
Guard and OIRA on or before March 17,
2011.
SUMMARY:

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You may submit comments
identified by Coast Guard docket
number [USCG–2010–0981] to the
Docket Management Facility (DMF) at
the U.S. Department of Transportation
(DOT) and/or to OIRA. To avoid
duplicate submissions, please use only
one of the following means:
(1) Online: (a) To Coast Guard docket
at http://www.regulation.gov. (b) To
OIRA by e-mail via: [email protected].
(2) Mail: (a) DMF (M–30), DOT, West
Building Ground Floor, Room W12–140,
1200 New Jersey Avenue, SE.,
Washington, DC 20590–0001. (b) To
OIRA, 725 17th Street, NW.,
Washington, DC 20503, attention Desk
Officer for the Coast Guard.
(3) Hand Delivery: To DMF address
above, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal
holidays. The telephone number is 202–
366–9329.
(4) Fax: (a) To DMF, 202–493–2251.
(b) To OIRA at 202–395–6566. To
ensure your comments are received in a
timely manner, mark the fax, attention
Desk Officer for the Coast Guard.
The DMF maintains the public docket
for this Notice. Comments and material
received from the public, as well as
documents mentioned in this Notice as
being available in the docket, will
become part of the docket and will be
available for inspection or copying at
room W12–140 on the West Building
Ground Floor, 1200 New Jersey Avenue,
SE., Washington, DC, between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays. You may also
find the docket on the Internet at http://
www.regulations.gov.
A copy of the ICR is available through
the docket on the Internet at http://
www.regulations.gov. Additionally,
copies are available from: Commandant
(CG–611), Attn: Paperwork Reduction
Act Manager, U.S. Coast Guard, 2100
2nd St., SW., Stop 7101, Washington,
DC 20593–7101.
FOR FURTHER INFORMATION CONTACT: Ms.
Kenlinishia Tyler, Office of Information
Management, telephone 202–475–3652
or fax 202–475–3929, for questions on
these documents. Contact Ms. Renee V.
Wright, Program Manager, Docket
Operations, 202–366–9826, for
questions on the docket.
SUPPLEMENTARY INFORMATION:
ADDRESSES:

Public Participation and Request for
Comments
This Notice relies on the authority of
the Paperwork Reduction Act of 1995;
44 U.S.C. chapter 35, as amended. An
ICR is an application to OIRA seeking
the approval, extension, or renewal of a

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