[Federal Register Volume 62, Number 213 (Tuesday, November 4, 1997)]
[Notices]
[Pages 59732-59734]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-29080]


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DEPARTMENT OF JUSTICE

[AAG/A Order No. 144-97]


Privacy Act of 1974; Modified Systems 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 systems of records--previously 
published October 10, 1995 (60 FR 52698), and March 13, 1997 (62 FR 
11920), respectively:

Deportable Alien Control System (DACS), Justice/INS-012
Computer Linked Application Information Management System (CLAIMS), 
Justice/INS-013

    INS proposes to add one new routine use disclosure, identified as 
I., to Justice/INS-012, and seven routine uses disclosures to Justice/
INS-013, identified as A. through G. The two systems of records are 
printed below.
    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 new routine uses.
    Therefore, please submit any comments by December 4, 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, 
D.C. 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 21, 1997.
Stephen R. Colgate,
Assistant Attorney General for Administration.
JUSTICE/INS-012

SYSTEM NAME:
    Deportable Alien Control System (DACS).

[[Page 59733]]

SYSTEM LOCATION:
    Headquarters, Regional, District, and other 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:
    Aliens deported and alleged to be deportable by INS.

CATEGORIES OF RECORDS IN THE SYSTEM:
    The system is a computer data base that contains biographic 
information about deportable aliens such as name, date and country of 
birth; United States and foreign addresses; file number, charge, amount 
of bond, hearing date, case assignment, scheduling date, section(s) of 
law under which deportability/excludability is alleged; data collected 
to support the INS position on deportability/excludability, including 
information on any criminal or subversive activities; date, place, and 
type of last entry into the United States; attorney/representative's 
identification number; family data, and other case-related information.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    8 U.S.C. 1103, 1251, and 1252.

PURPOSE(S):
    The system provides INS with an automated data base which assists 
in the deportation or detention of aliens in accordance with 
immigration and nationality laws. It also serves as a docket and 
control system by providing management with information concerning the 
status and/or disposition of deportable aliens.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM INCLUDING CATEGORIES 
OF USERS AND PURPOSE OF SUCH USES:
    Relevant information contained in this system of records may be 
disclosed as follows:
    A. To clerks and judges of Federal courts exercising jurisdiction 
over the deportable aliens in determining grounds for deportation.
    B. 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.
    C. Where there is an indication of 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 statute, 
rule, regulation or order issued pursuant thereto.
    D. Where there is an indication of a violation or potential 
violation of the immigration and nationality laws, or of a general 
statute within INS jurisdiction or of a regulation, rule, or order 
issued pursuant thereto, to a court, magistrate, or administrative 
tribunal in the course of presenting evidence, and to opposing counsel 
during discovery.
    E. Where there is an indication of a violation or potential 
violation of the law of another nation (whether civil or criminal), to 
the appropriate foreign government agency charged with enforcing or 
implementing such laws and to international organizations engaged in 
the collection and dissemination of intelligence concerning criminal 
activity.
    F. To other Federal agencies for the purpose of conducting national 
intelligence and security investigations.
    G. 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.
    H. 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.
    I. To any Federal agency, where appropriate, to enable such agency 
to make determinations regarding the payment of Federal benefits to the 
record subject in accordance with that agency's statutory 
responsibilities.

POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, 
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
    These records are stored in a data base on magnetic disks.

RETRIEVABILITY:
    These records are retrieved by name and/or date of birth, A-file 
number, or by alien's Bureau of Prisons number, when applicable.

SAFEGUARDS:
    INS offices are located in buildings under security guard, and 
access to premises is by official identification. Access to terminals 
is limited to INS employees with user identification numbers. Access to 
records in this system is by restricted password and is further 
protected by secondary passwords.

RETENTION AND DISPOSAL:
    Deportable alien case control and detention records are marked 
closed and retained for statistical purposes through the end of the 
fiscal year. Closed cases are archived and stored in the data base 
separate from the active cases. A retention and disposition schedule 
for the case summary and detention history records is currently being 
negotiated and will be submitted to the Archivist of the United States 
for approval.

SYSTEM MANAGER(S) AND ADDRESS:
    Assistant Commissioner, Detention and Deportation, Immigration and 
Naturalization Service, 425 I Street, NW., Washington, DC 20536.

NOTIFICAITON PROCEDURE:
    Address inquiries to the system manager identified above.

RECORDS ACCESS PROCEDURE:
    Make all requests for access in writing to the Freedom of 
Information Act/Privacy Act (FOIA/PA) Officer at the nearest INS 
office, or the INS office maintaining the 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. Clearly mark the envelope and letter ``Privacy Act 
Request.'' Provide the A-file number and/or the full name and date of 
birth, with a notarized signature of the individual who is the subject 
of the record, and a return address.

CONTESTING RECORDS PROCEDURES:
    Direct all requests to contest or amend information in the record 
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 
envelope ``Privacy Act Request.'' The record must be identified in the 
same manner as described for making a request for access.

RECORD SOURCE CATEGORIES:
    Basic information is obtained from ``The Immigration and 
Naturalization Service (INS) Alien File (A-File) and Central Index 
System (CIS), JUSTICE/

[[Page 59734]]

INS-001A.'' Information may also come from the alien, the alien's 
attorney/representative, INS official, other Federal, State, local, and 
foreign agencies and the courts.

SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS OF THE ACT:
    None.
JUSTICE/INS-013

SYSTEM NAME:
    Computer Linked Application Information Management System (CLAIMS)

SYSTEM LOCATION:
    Immigration and Naturalization Service (INS) Headquarters, Regional 
Service Centers, District Offices and sub-offices as detailed in 
Justice/INS-999.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Individuals who have filed applications or petitions for benefits 
under the Immigration and Nationality Act, as amended, and/or who have 
submitted fee payments with such applications or petitions; individuals 
who have paid fees for access to records under the Freedom of 
Information/Privacy Acts (FOIA/PA); individuals who have posted a bond 
and related fees with INS; and individuals who have refunded money to 
INS.

CATEGORIES OF RECORDS IN THE SYSTEM:
    Information which identifies individuals named above, e.g., name 
and address, date of birth, and alien registration number. Records in 
the system may also include such information as date documents were 
filed or received in INS, status, location of record, FOIA/PA or other 
control number when applicable, fee receipt data, and posted bond data.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    8 U.S.C. 1103; 8 U.S.C. 1363; and 31 U.S.C. 3512.

PURPOSE:
    This system will enable INS to determine the status of pending 
applications and petitions for benefits; to account for and control the 
receipt and disposition of any fees or refunds collected, including 
those which accompany applications, petitions, posted bonds, and FOIA/
PA requests; and to locate related files and respond to inquiries about 
these records.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND THE PURPOSES OF SUCH USES
    A. To any Federal agency, where appropriate, to enable such agency 
to make determinations regarding the payment of Federal benefits to the 
record subject in accordance with that agency's statutory 
responsibilies.
    B. 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.
    C. 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.
    D. 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.
    E. 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.
    F. 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 3906.
    G. To an obligor who has posted a bond with the INS for the 
subject. INS may provide only such information, (e.g. address), as may 
aid the obligor in locating the subject to insure his or her presence 
when required by INS.

POLICIES AND PRACTICES FOR STORING RETRIEVING, ACCESSING, RETAINING, 
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
    Information is stored on magnetic disks and tape.

RETRIEVABILITY:
    Records may be retrieved by the name of the individuals covered by 
the system; and by fee receipt number.

SAFEGUARDS:
    Records are safeguarded in accordance with Department of Justice 
rules and procedures. INS offices are located in buildings under 
security guard, and access to premises is by official identification. 
Offices are locked during non-duty hours. Access to this system is 
obtained through remote terminals which require the use of restricted 
passwords and a user ID.

RETENTION AND DISPOSAL:
    Records are archived off-line for an indefinite period one year 
after the final action. A disposition schedule for archived records is 
pending.

SYSTEM MANAGER(S) AND ADDRESS:
    Director, Service Center Operation, Immigration and Naturalization 
Service, 425 I Street NW., Washington, DC 20536.

NOTIFICATION PROCEDURE:
    Inquiries should be addressed to the system manager.

RECORD ACCESS PROCEDURE:
    Make all requests for access in writing to the FOIA/PA Officer at 
any INS office. Clearly mark the envelope and letter ``Privacy Act 
Request.'' Depending on the type of record, provide the name and date 
of birth of the applicant, name of petitioner or FOIA/PA requester, 
alien registration number of beneficiary and receipt number to assist 
in locating and/or verifying the identify of the record. For your 
convenience, INS Form G-639, Freedom of Information Act Privacy Act 
Request, may be obtained from the nearest INS office and used to submit 
a request.

CONTESTING RECORDS PROCEDURE:
    Direct all requests to contest or amend information to the FOIA/PA 
Officer at any INS office. State clearly and concisely the information 
being contested, the reason for contesting it, and the proposed 
amendment thereof. Clearly mark the envelope ``Privacy Act Amendment 
Request.'' The record must be identified in the same manner as 
described for making a request for access.

RECORD SOURCE CATEGORIES:
    Information contained in this system of records is obtained from 
the individuals covered by the system.

SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS OF THE ACT:
    None.

[FR Doc. 97-29080 Filed 11-3-97; 8:45 am]
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