[Federal Register Volume 59, Number 213 (Friday, November 4, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-27320]
[[Page Unknown]]
[Federal Register: November 4, 1994]
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DEPARTMENT OF JUSTICE
[AAG/A Order No. 95-94]
Privacy Act of 1974; Modified System of Records
Pursuant to the Privacy Act of 1974 (5 U.S.C. 552a), the
Immigration and Naturalization Service (INS), Department of Justice,
proposes to modify the following system of records--previously
published October 5, 1993 (58 FR 51853):
The Immigration and Naturalization Service (INS) Alien File (A-File)
and Central Index System (CIS), Justice/INS-001A
Specifically, INS has clarified and combined routine uses D. and H.
into one routine use, now identified as D., which relates to law
enforcement disclosure. It has removed routine use E. which had
proposed disclosure during discovery proceedings, and has added a
routine use, also designated as E., which permits disclosure to a court
during litigation. Finally, INS has revised routine uses G. and L.
Revised routine use G. clarifies the users and uses by adding language
which had been inadvertently omitted. Revised routine use L.,
redesignated as K., clarifies that information may be disclosed not
only to assist the United States in collecting its debts but also to
assist foreign governments in collecting their debts. Affected routine
uses have been italicized for public convenience.
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 any new routine use of a system
of records. The Office of Management and Budget (OMB), which has
oversight responsibilities under the Act, requires a 40-day period in
which to conclude its review of the proposed changes.
Therefore, please submit any comments by December 5, 1994. The
public, OMB, and the Congress are invited to send written comments to
Patricia E. Neely, Systems Policy 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: October 6, 1994.
Stephen R. Colgate,
Assistant Attorney General for Administration.
JUSTICEANS--001A
The Immigration and Naturalization Service (INS) Alien File (A-
File) and Central Index System (CIS).
Central, Regional, District, and other INS file control offices in
the United States as detailed in JUSTICE/INS--999. Remote access
terminals will also be located in other components of the Department of
Justice and in the Department of State on a limited basis.
A. Individuals covered by provisions of the Immigration and
Nationality Act of the United States.
B. Individuals who are under investigation, were investigated in
the past, or who are suspected of violating the criminal or civil
provisions of treaties, statutes, Executive Orders, and Presidential
proclamations administered by INS, and witnesses and informants having
knowledge of such violations.
A. The computerized indexing system contains personal
identification data such as A-File number, name, date and place of
birth, date and port of entry, as well as the location of each official
hardcopy paper file known as the ``A-file.'' Microfilm records contain
naturalization certificates and any supporting documentation prior to
April 1, 1956; however, after that date, this type of information is
maintained in the ``A-File'' which is described in B below.
B. The hard copy A-file (prior to 1940 were called Citizenship File
(C-File)) contains all the individual's official record material such
as naturalization certificates; various forms, applications and
petitions for benefits under the immigration and nationality laws;
reports of investigations; statements; reports; correspondence; and
memorandums on each individual for whom INS has created a record under
the Immigration and Nationality Act.
Sections 103 and 290 of the Immigration and Nationality Act, as
amended (8 U.S.C. 1103 and 8 U.S.C. 1360), and the regulations pursuant
thereto.
The system is used primarily by INS and other Department of Justice
employees to administer and enforce the immigration and nationality
laws, and related statutes, including the processing of applications
for benefits under these laws, detecting violations of these laws, and
the referral of such violations for prosecution.
Relevant information contained in this system of records may be
disclosed as follows:
A. To clerks and judges of courts exercising naturalization
jurisdiction for the purpose of filing petitions for naturalization and
to enable such courts to determine eligibility for naturalization or
grounds for revocation of naturalization.
B. To the Department of State in the processing of petitions or
applications for benefits under the Immigration and Nationality Act,
and all other immigration and nationality laws, including treaties and
reciprocal agreements.
C. To other Federal, State, and local government law enforcement
and regulatory agencies and foreign governments, including the
Department of Defense and all components thereof, the Department of
State, the Department of the Treasury, the Central Intelligence Agency,
the Selective Service System, the United States Coast Guard, the United
Nations, and INTERPOL, and individuals and organizations during the
course of investigation in the processing of a matter or during a
proceeding within the purview of the immigration and nationality laws
to elicit information required by INS to carry out its functions and
statutory mandates.
D. To a Federal, State, local or foreign government agency or
organization, or international organization, lawfully engaged in
collecting law enforcement intelligence information, whether civil or
criminal, and/or charged with investigating, prosecuting, enforcing or
implementing civil and/or criminal laws, related rules, regulations or
orders, to enable these entities to carry out their law enforcement
responsibilities, including the collection of law enforcement
intelligence.
E. A record, or any facts derived therefrom, may be disseminated in
a proceeding before a court or adjudicative body before which INS 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
to be arguably relevant to the litigation: (i.) INS, or any subdivision
thereof, or (ii.) any employee of INS in his or her official capacity,
or (iii.) any employee of INS in his or her individual capacity where
the Department of Justice has agreed to represent the employee, or
(iv.) the United States, where INS determines that the litigation is
likely to affect it or any of its subdivisions.
F. To a Federal, State, local or foreign government agency in
response to its request, in connection with the hiring or retention by
such agency of an employee, the issuance of a security clearance, the
reporting of an investigation of such an employee, the letting of a
contract, or the issuance of a license, grant, loan, or other benefit
by the requesting agency, to the extent that the information is
relevant and necessary to the requesting agency's decision on the
matter.
G. To a Federal, State, local or foreign government agency
maintaining civil, criminal or other relevant enforcement information
or other pertinent information, such as current licenses, if necessary
to obtain information relevant to a decision of INS 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 or other
benefit.
H. To the Office of Management and Budget in connection with the
review of private relief legislation as set forth in OMB Circular No.
A-19 at any stage of the legislative coordination and clearance process
as set forth in the Circular.
I. To other Federal agencies for the purpose of conducting national
intelligence and security investigations.
J. To an applicant, petitioner or respondent or to his or her
attorney or representative as defined in 8 CFR 1.1(j) in connection
with any proceeding before INS.
K. To a Federal, State, or local government agency to assist such
agencies in collecting the repayment of loans, or fraudulently or
erroneously secured benefits, grants, or other debts owed to them or to
the United States government, and/or to obtain information that may
assist INS in collecting debts owed to the United States Government; to
a foreign government to assist such government in collecting the
repayment of loans, or fraudulently or erroneously secured benefits,
grants, or other debts owed to it provided that the foreign government
in question (1) provides sufficient documentation to establish the
validity of the stated purpose of its request, and (2) provides similar
information to the United States upon request.
L. To student volunteers whose services are accepted pursuant to 5
U.S.C. 3111 or to students enrolled in a college work study program
pursuant to 42 U.S.C. 2751 et seq.
M. To the news media and the public pursuant to 28 CFR 50.2 unless
it is determined that release of the specific information in the
context of a particular case would constitute an unwarranted invasion
of a personal privacy.
N. To a Member of Congress or staff acting on 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.
O. To the General Services Administration and the National Archives
and Records Administration in records management inspections conducted
under the authority of 44 U.S.C. 2904 and 2906.
Most A-file and C-file records are paper documents and are stored
in file folders. Some microfilm and other records are stored in
manually operated machines, file drawers, and filing cabinets. Those
index records which can be accessed electronically are stored in a data
base on magnetic disk and tape.
These records are indexed and retrieved by A-file or C-file number,
name, and/or date of birth.
INS offices are located in buildings under security guard, and
access to premises is by official identification. All records are
stored in spaces which are locked during non-duty office hours. Many
records are stored in cabinets or machines which are also locked during
non-duty office hours. Access to automated records is controlled by
passwords and name identifications.
A-file records are retained for 75 years from the closing date or
date of last action and then destroyed. C-file records are to be
destroyed 100 years from March 31, 1956. Automated index records are
retained only as long as they serve a useful purpose and then they are
deleted from the system disk and/or tape.
The Servicewide system manager is the Director, Records Management
Branch, Records Systems Division, Immigration and Naturalization
Service, 425 I Street NW., Washington, DC 20536.
Address inquiries to the system manager identified above, the
nearest INS office, or the INS office maintaining desired records, if
known, by using the list of principal offices of the Immigration and
Naturalization Service Appendix: JUSTICE/INS-999, published in the
Federal Register.
Make all requests for access in writing to the Freedom of
Information Act/Privacy Act (FOIA/PA) officer at one of the addresses
identified above. Clearly mark the envelope and letter ``Privacy Act
Request.'' Provide the A-file number and/or the full name, date and
place of birth, and notarized signature of the individual who is the
subject of the record, and any other information which may assist in
identifying and locating the record, and a return address. For
convenience, INS Form G-639, FOIA/PA Request, may be obtained from the
nearest INS office and used to submit a request for access.
Direct all requests to contest or amend information to the FOIA/PA
Officer at one of the addresses identified above. State clearly and
concisely the information being contested, the reason for contesting
it, and the proposed amendment thereof. Clearly mark the envelop
``Privacy Act Request.'' The record must be identified in the same
manner as described for making a request for access.
Basic information contained in INS records is supplied by
individuals on Department of State and INS applications and forms.
Other information comes from inquiries and/or complaints from members
of the general public and members of Congress; referrals of inquiries
and/or complaints directed to the White House or Attorney General; INS
reports to investigations, sworn statements, correspondence and
memorandums; official reports, memorandums, and written referrals from
other entities, including Federal, State, and local governments,
various courts and regulatory agencies, foreign government agencies and
international organizations.
The Attorney General has exempted this system from subsections (c)
(3) and (4); (d); (e) (1), (2), and (3); (e)(4) (G) and (H); (e) (5)
and (8); and (g) of the Privacy Act. These exemptions apply to the
extent that information in the system is subject to exemption pursuant
to 5 U.S.C. 552a (j) and (k). Rules have been promulgated in accordance
with the requirements of 5 U.S.C. 553 (b), (c), and (e) and have been
published in the Federal Register and codified as additions to Title
28, Code of Federal Regulations (28 CFR 16.99).
[FR Doc. 94-27320 Filed 11-3-94; 8:45 am]
BILLING CODE 4410-10-M
