[Federal Register Volume 62, Number 93 (Wednesday, May 14, 1997)]
[Notices]
[Pages 26557-26559]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-12663]
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DEPARTMENT OF JUSTICE
[AAG/A Order No. 133-97]
Privacy Act of 1974; System of Records
This notice is provided by the Privacy Act (5 U.S.C. 552a). The
Department of Justice, Immigration and Naturalization Service, is
republishing Subsystem I. of ``The Immigration and Naturalization
Service Index System, Justice/INS-001,''--last published October 5,
1993 (58 FR 51847)--as a separate system of records to be entitled
``Finance Section Indexes, Justice/INS-020.'' Subsystem I. is being
redescribed as a separate system of records to add the appropriate
routine use disclosure provisions and to otherwise achieve clarity and
accuracy of the system description, e.g., remove unnecessary exemptions
and inapplicable routine use disclosure provisions.
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 proposed new routine use
disclosures. 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 proposal.
Therefore, please submit any comments June 13, 1997. The public,
OMB, and the Congress are invited to send written comments to Patricia
E. Neely, Program Analyst, Information Management and Security Staff,
Justice Management Division, Department of Justice, Washington, DC
20530 (Room 850, WCTR Building).
In accordance with 5 U.S.C. 552a(r), the Department has provided a
report to OMB and the Congress on this system.
Dated: April 21, 1997.
Stephen R. Colgate,
Assistant Attorney General for Administration.
JUSTICE/INS-020
SYSTEM NAME:
Finance Section Indexes.
SYSTEM LOCATION:
Headquarters, Regional and District offices, Administrative
Centers, Service Centers, and other file control offices of the
Immigration and Naturalization Service (INS) in the United States as
detailed in JUSTICE/INS-999.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Creditors and debtors, including:
(a) Individuals who are indebted to the United States Government,
whether it be for goods, services, or benefits, or for administrative
fines and assessments, etc.
(b) Employees who have received travel advances or overpayments
from the United States Government, who are in arrears in their
accounts, or who are liable for damage to Government property.
(c) Vendors who have furnished supplies, material, equipment, and/
or services to the Government.
(d) Employees and witnesses who have performed official travel.
(e) Employees and other individuals who have a claim against the
Government.
CATEGORY OF RECORDS IN THE SYSTEM:
Accounts with creditors--Records include vendors' invoices,
purchase orders, travel vouchers, and claims.
Accounts with debtors--Records include bills for inspection
services performed under the Immigration and Naturalization Act of
March 2, 1931; fees, fines, penalties, vendor indebtedness for
overpayments, and deportation expenses assessed pursuant to the
Immigration and Nationality Act; and employee indebtedness for travel
advances, for the unofficial use of Government facilities and services,
for damage to or loss of Government property, and for erroneous or
overpayment of compensation for travel expenses.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
(1) Sec. 103, 265 and 290 and Title III of the Immigration and
Nationality Act (66 Stat. 163), as amended (8 U.S.C. 1103; 8 U.S.C.
135; 8 U.S.C. 1360), and the regulations pursuant thereto; (2) 31
U.S.C. 66a.
PURPOSE(S):
This system of records is used to provide an accounting of the
financial activities of the INS, including accounts receivable and
accounts payable, and to assist management in the administration of
these activities. Further, the system provides the necessary
information to meet external fiscal reporting requirements and respond
to written inquires and complaints by the public.
[[Page 26558]]
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSES OF SUCH USES:
Relevant information contained in this system of records may be
disclosed as follows:
A. Where the record, either on its face or in conjunction with
other information, indicates a violation or potential violation of law
(whether civil, criminal or regulatory in nature) to the appropriate
agency, (whether federal, state, local or foreign) charged with the
responsibility of investigating or prosecuting such violations or
charged with enforcing or implementing the related statute, rule,
regulation or order issued pursuant thereto.
B. To other Federal or State agencies as specified in applicable
law or implementing regulations.
C. To the Internal Revenue Service (IRS) to obtain taxpayer mailing
addresses for the purpose of locating such taxpayer to collect or
compromise a Federal claim against the taxpayer. Addresses obtained
from IRS may be redisclosed to consumer reporting agencies, but only
for the purposes of allowing these agencies to prepare a commercial
credit report for INS use.
D. To employers to effect salary or administrative offsets to
satisfy a debt owed the United States by that person; or, when other
collection efforts have failed, to the IRS to effect an offset against
Federal income tax refund due. Such disclosures will be made only when
all procedural steps (including due process) established by the Debt
Collection Act have been taken.
E. To a person or organization with whom the head of the agency has
contracted for collection services to recover indebtedness owed to the
United States. Addresses of taxpayers obtained from the IRS will also
be disclosed, but only where necessary to locate such taxpayer to
collect or compromise a Federal claim.
F. To a Federal, State, local, or foreign agency or to an
individual or organization if there is reason to believe that such
agency, individual, or organization possesses information relating to
the debt, the identity or location of the debtor, the debtor's ability
to pay, or relating to any other matter which is relevant and necessary
to the settlement, effective litigation and enforced collection of the
debt, or relating to the civil action trial or hearing, and the
disclosure is reasonably necessary to elicit such information or to
obtain the cooperation of a witness or agency.
G. In a proceeding before a court or adjudicative body before which
INS or the Department of Justice (DOJ) is authorized to appear when any
of the following is a party to litigation or has an interest in
litigation and such records are determined by INS or DOJ to be arguably
relevant to the litigation: The DOJ, or any DOJ component or
subdivision thereof; any DOJ employee in his/her official capacity; any
DOJ employee in his/her individual capacity where the DOJ has agreed to
represent the employee; or the United States where INS or the DOJ
determines that the litigation is likely to affect it or any of its
subdivisions.
H. To any third party who may possess the information, such as the
U.S. Post Office, State motor vehicle administration, a professional
organization, etc., to obtain a current mailing address in order to
locate a debtor.
I. To an actual or potential party or to his or her attorney for
the purpose of negotiation or discussion on such matters as settlement
of the case or matter, or informal discovery proceedings.
J. To a Federal agency in connection with 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 by the requesting agency,
to the extent that the information relates to the requesting agency's
decision on the matter.
K. To Federal, State, and local licensing agencies or association
which require information concerning the suitability or eligibility of
an individual for a license or permit.
L. 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 personal privacy.
M. To a Member of Congress, or staff acting upon the Member's
behalf, when the Member or staff requests the information on behalf of
and at the request of the individual who is the subject of the record.
N. To General Services Administration and National Archives and
Records Administration in records management inspections conducted
under the authority of 44 U.S.C. 2904 and 2906.
31 U.S.C. 3711 requires that, where appropriate, the notice
required by section 552(e)(4) of title 5 must indicate that information
in the system may be disclosed to a consumer reporting agency pursuant
to subsection (b)(12). Such notice is provided as follows:
Notice of Disclosure to Consumer Reporting Agencies Under
Subsection (b)(12) of the Privacy Act
Records relating to the identity of debtors and the history of
claims may be disseminated to consumer reporting agencies to
encourage payment of the past-due debt. Such disclosures will be
made only when a claim is overdue and only after due process steps
have been taken to notify the debtor and give him or her a chance to
meet the terms of the debt. Prior to such disclosure, satisfactory
assurances will be obtained from such consumer reporting agency
concerning compliance by that agency with the Fair Credit Reporting
Act (15 U.S.C. 1681 et seq.) and any other Federal law governing the
provision of consumer credit information.
POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING,
AND DISPOSING OF RECORDS IN THE SYSTEM:
Storage:
Generally, index records are recorded on cards and stored in file
boxes and/or drawers. Other paper records are kept in file folders.
These records are also maintained on microfiche and computer
processable storage media. Inactive files are stored at the Federal
Records Center.
Retrievability:
Records are first retrieved by appropriation for the appropriate
fiscal year and then by creditor/debtor name and/or social security
number, as well as by vendor identification number.
SAFEGUARDS:
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 outside of normal office hours. Many
records are stored in cabinets or machines which are locked outside of
normal office hours. Access to automated records is controlled by
restricted password for use of remote terminals in secured areas.
RETENTION AND DISPOSAL:
Accounts with creditors and debtors are retained for two years from
the close of the fiscal year to which they relate and then are
transferred to Federal Records Centers for storage and disposition in
accordance with General Records Schedules 6 and 7.
SYSTEM MANAGER(S) AND ADDRESS:
Assistant Commissioner, Office of Financial Management, Immigration
and Naturalization Service, 425 I Street, NW, Washington, DC 20536.
NOTIFICATION PROCEDURE:
Inquiries may be addressed to the FOIA/PA Officer at the INS office
where the record is maintained, or to the System Manager or the FOIA/PA
[[Page 26559]]
Officer, at 425 I Street, NW, Washington, DC 20536.
RECORD ACCESS PROCEDURES:
Requests for access to records in this system must be in writing,
and should be addressed to the System Manager or to the FOIA/PA Officer
at the INS office where the record is maintained or (if unknown) to the
FOIA/PA officer at 425 I Street, NW, Washington, DC 20536. Such request
may be submitted either by mail or in person. The envelope and letter
shall be clearly marked ``Privacy Access Request.'' The requester
should provide his or her full name, date and place of birth,
verification of identity (in accordance with 8 CFR 103.21(b)) and
return address for transmitting the records to be released. If known,
the requester should also identify the date or year in which a debt was
incurred, e.g., date of the invoice or purchase order.
CONTESTING RECORD PROCEDURES:
Any individual desiring to contest or amend information maintained
in the system should direct his or her request to the INS System
Manager or the appropriate FOIA/PA officer as indicated under ``Records
Access Procedures.'' The request should state clearly what information
is being contested, the reasons for contesting it, and the proposed
amendment to the information.
RECORD SOURCE CATEGORIES:
(1) Personnel who handle finance-related activities of the INS,
such as payroll, contracting, purchasing, travel-related payments and
debt collections and (2) the individuals covered by this system of
records.
SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS OF THE ACT:
None.
[FR Doc. 97-12663 Filed 5-13-97; 8:45 am]
BILLING CODE 4410-10-M
