[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