[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