[Federal Register Volume 59, Number 90 (Wednesday, May 11, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-11300]


[[Page Unknown]]

[Federal Register: May 11, 1994]


-----------------------------------------------------------------------

DEPARTMENT OF JUSTICE
[AAG/A Order No. 86-94]

 

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, Department of Justice, proposes 
to modify the following system of records:

``Alien Status Verification Index, Justice/INS-009.''

    Routine uses disclosures A. and B. have been rewritten as one 
routine use. The revised routine use, designated as routine use A., 
clarifies (1) that access/verification for any of the purposes 
identified may be accomplished either manually or via automated means 
by any of the recipients identified and (2) that the information may be 
disclosed--for the same purposes--to a contractor acting on behalf of 
the agency.
    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 use or intended 
use of information in the system. The Office of Management and Budget 
(OMB) requires a 40-day period in which to conclude its review of the 
proposed changes.
    Therefore, please submit any comments by June 10, 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).

    Dated: May 5, 1994.
Michael J. Roper,
Acting Assistant Attorney General for Administration.
JUSTICE/INS-009
    Alien Status Verification Index.
    Immigration and Naturalization Service (INS), 425 I Street NW., 
Washington, DC 20536.
    Individuals covered by provisions of the immigration and 
nationality laws of the United States.
    The system consists of an index of aliens and other persons on whom 
INS has a record as an applicant, petitioner, beneficiary, or possible 
violator of the Immigration and Nationality Act. Records include index 
and file locator data such as last and first name, alien registration 
number (or ``A-file'' number), date and place of birth, social security 
account number, date coded status transaction data and immigration 
status classification, verification number, and an employment 
eligibility statement.
    Sections 101 and 121 of the Immigration Reform and Control Act of 
1986, 8 U.S.C. 1360, 8 U.S.C. 1324a, 20 U.S.C. 1091, 42 U.S.C. 1436a, 
42 U.S.C. 1320b-7, and Executive Order 12781.
    This system of records is used to verify the alien's immigrant, 
nonimmigrant, and/or eligibility status for any purpose consistent with 
INS statutory responsibilities.
    Relevant information contained in this system of records may be 
disclosed as follows:
    A. To a Federal, State, or local government agency, or to a 
contractor acting on its behalf, to the extent that such disclosure is 
necessary to enable these agencies/contractors to make decisions 
concerning the (1) hiring or retention of an employee; (2) issuance of 
a security clearance; (3) reporting of an investigation of an employee; 
(4) letting of a contract; (5) issuance of a license or grant; or (6) 
determination of eligibility for a Federal program or other benefit. 
Such access may be via a system in which the recipient performs its own 
automated verification of the requisite information for deciding any of 
the above. INS will assign appropriate access codes for remote access 
through secured terminals to agencies which are to perform their own 
automated verification. Records may also be disclosed to these 
agencies, or contractors operating on their behalf, for use in computer 
matching programs for the purpose of verifying an alien's immigrant 
status or non-immigrant status and/or eligibility for the purpose of 
making Federal program benefit eligibility determinations.
    B. To employers for verifying the employment eligibility of aliens 
to work in the United States in compliance with employer sanctions of 
the 1986 Immigration Reform and Control Act. Employers are assigned 
secure access codes and will have access through touch-tone telephone 
and/or point of sale equipment.
    C. To the private contractor for maintenance and for other 
administrative support operations (e.g., preparing for INS management 
reimbursable cost reports etc. based on user access), to the extent 
necessary to perform such contract duties.
    D. To other Federal, State, or local government agencies for the 
purpose of verifying information in conjunction with the conduct of a 
national intelligence and security investigation or for criminal or 
civil law enforcement purposes.
    E. To the news media and the public pursuant to 23 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.
    F. To a Member of Congress or staff acting upon the Member's behalf 
when the Member of staff request the information on behalf of and at 
the request of the individual who is the subject of the record.
    G. To the National Archives and Records Administration (NARA) and 
the General Services Administration in records management inspections 
conducted under the authority of 44 U.S.C. 2904 and 2906.
    Records are stored on magnetic disk and tape.
    Records are indexed and retrievable by name and date and place of 
birth, or by name and social security account number, by name and A-
file number.
    Records are safeguarded in accordance with Department of Justice 
Orders governing security of automated records and Privacy Act systems 
of records. Access. is controlled by restricted password for use of 
remote terminals in secured areas.
    A request for disposition authority is pending the approval of 
NARA.
    The Assistant Commissioner, Records Systems Division, Immigration 
and Naturalization Service, 425 I Street NW., Washington, DC., is the 
sole manager of the system.
    Inquiries should be addressed to the system manager listed above.
    In all cases, requests for access to a record from this system 
shall be in writing. If a request for access is made by mail the 
envelope and letter shall be clearly marked ``Privacy Act Request.'' 
The requester shall include the name, date and place of birth of the 
person whose record is sought and if known the alien file number. The 
requester shall also provide a return address for transmitting the 
information.
    Any individual desiring to contest or amend information maintained 
in the system should direct his or her request to the System Manager or 
to the INS office that maintains the file. The request should state 
clearly what information is being contested, the reasons for contesting 
it, and the proposed amendment to the information.
    Basic information contained in this system is taken from Department 
of State and INS applications and reports on the individual.
    None.

[FR Doc. 94-11300 Filed 5-10-94; 8:45 am]
BILLING CODE 4410-10-M