Federal Register / Vol. 73, No. 177 / Thursday, September 11, 2008 / Notices 52865 

Contact Person: David I. Sommers, PhD, 

Scientific Review Administrator, Division of 

Extramural Activities, National Institute of 

Mental Health, National Institutes of Health, 

6001 Executive Blvd., Room 6154, MSC 9609, 

Bethesda, MD 20892–9606, 301–443–7861, 

dsommers@mail.nih.gov. 

Name of Committee: National Institute of 

Mental Health Special Emphasis Panel; 

Personalized Approaches to Treatment of 

Depression. 

Date: November 3, 2008. 

Time: 8:30 a.m. to 5 p.m. 

Agenda: To review and evaluate grant 

applications. 

Place: Embassy Suites at the Chevy Chase 

Pavilion, 4300 Military Road, NW., 

Washington, DC 20015. 

Contact Person: David I. Sommers, PhD, 

Scientific Review Administrator, Division of 

Extramural Activities, National Institute of 

Mental Health, National Institutes of Health, 

6001 Executive Blvd., Room 6154, MSC 9609, 

Bethesda, MD 20892–9606, 301–443–7861, 

dsommers@mail.nih.gov. 

(Catalogue of Federal Domestic Assistance 

Program Nos. 93.242, Mental Health Research 

Grants; 93.281, Scientist Development 

Award, Scientist Development Award for 

Clinicians, and Research Scientist Award; 

93.282, Mental Health National Research 

Service Awards for Research Training, 

National Institutes of Health, HHS) 

Dated: September 4, 2008. 

Jennifer Spaeth, 

Director, Office of Federal Advisory 

Committee Policy. 

[FR Doc. E8–21041 Filed 9–10–08; 8:45 am] 

BILLING CODE 4140–01–P 

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. 

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: 

• Federal e-Rulemaking Portal: 

http://www.regulations.gov. Follow the 

instructions for submitting comments. 

• Fax: 1–866–466–5370. 

• Mail: Hugo Teufel III, 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. 

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 


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52866 Federal Register / Vol. 73, No. 177 / Thursday, September 11, 2008 / Notices 

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 


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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: 

• An explanation of why you believe 

the Department would have information 

on you, 


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52868 Federal Register / Vol. 73, No. 177 / Thursday, September 11, 2008 / Notices 

• 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, 

• 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 

DEPARTMENT OF HOMELAND 

SECURITY 

Federal Emergency Management 

Agency 

Agency Information Collection 

Activities: Proposed Collection; 

Comment Request 

AGENCY: Federal Emergency 

Management Agency, DHS. 

ACTION: Notice; 60-day notice and 

request for comments; Extension, 

without change, of a currently approved 

collection, OMB Number 1660–0024, No 

Form. 

SUMMARY: The Federal Emergency 

Management Agency, as part of its 

continuing effort to reduce paperwork 

and respondent burden, invites the 

general public and other Federal 

agencies to take this opportunity to 

comment on a continuing information 

collection. In accordance with the 

Paperwork Reduction Act of 1995, this 

notice seeks comments concerning 

FEMA’s request for information from 

the licensee of a nuclear power plant 

that is needed in order to form a 

decision as to whether or not a 

condition of ‘‘decline or fail’’ exists at 

the state and local government level in 

the preparation of emergency planning 

responses. 

SUPPLEMENTARY INFORMATION: Executive 

Order 12657, dated November 18, 1988, 

charged the Federal Emergency 

Management Agency (FEMA) and other 

Federal agencies with emergency 

planning response in cases where State 

and local governments have declined or 

failed to prepare emergency plans. To 

implement Executive Order 12657, 

FEMA worked with the Nuclear 

Regulatory Commission (NRC) and other 

Federal agencies on the Federal 

Radiological Preparedness Coordinating 

Committee to develop regulation 44 CFR 

352, Commercial Nuclear Power Plants: 

Emergency Preparedness Planning. This 

regulation establishes policies and 

procedures for a licensee submission of 

a certification of ‘‘decline or fail,’’ and 

for FEMA determination concerning 

Federal assistance to the licensee; and 

also establishes policies and procedures 

for providing Federal support for offsite 

planning and preparedness. 

Collection of Information 

Title: Federal Assistance for Offsite 

Radiological Emergency Planning. 

Type of Information Collection: 

Extension, without change, of a 

currently approved collection. 

OMB Number: 1660–0024. 

Form Numbers: No Form 

Abstract: In accordance with 

Executive Order 12657, FEMA will need 

certain information from the licensee in 

order to form a decision as to whether 

or not a condition of ‘‘decline or fail’’

exists on the part of State or local 

governments (44 CFR 352.3–4). This 

information will be collected by the 

appropriate FEMA Regional Office or 

Headquarters. Also in accordance with 

the Executive Order, when a licensee 

requests Federal facilities or resources, 

FEMA will need information from the 

NRC as to whether the licensee has 

made maximum use of its resources and 

the extent to which the licensee has 

complied with 10 CFR 50.47 (c)(1) and 

44 CFR 352.5. This information will be 

collected by the NRC and will be 

provided to FEMA through consultation 

between the two agencies. 

Affected Public: Business or other forprofits. 

Estimated Total Annual Burden 

Hours: 160 hours. 

TABLE A.12—ESTIMATED ANNUALIZED BURDEN HOURS AND COSTS

Type of 

respondent 

Form name/ 

form No. 

Number of 

respondents 

Number of 

responses per 

respondent 

Avg. burden 

per response 

(in hours) 

Total annual 

burden 

(in hours) 

Avg. hourly 

wage rate 

Total annual 

respondent 

cost 

Business or other 

for profits.

Submission of decline/fail certification—No Form 

number.

1 1 40 40 $46.70 $1868 

Business or other 

for profits.

Document with explanation of why 

assistance needed.

1 1 20 20 46.70 934 

Business or other 

for profits.

Document with response of State 

Governor or 

local official with 

emergency preparedness plans.

1 1 40 40 46.70 1868 


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