[Federal Register Volume 66, Number 14 (Monday, January 22, 2001)]
[Notices]
[Pages 6673-6675]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-1741]


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DEPARTMENT OF JUSTICE

[AAG/A Order No. 216-2001]


Privacy Act of 1974; System of Records

    Pursuant to the provisions of the Privacy Act of 1974 (5 U.S.C. 
552a), notice is hereby given that the Department of Justice proposes 
to establish a new system of records to be maintained by the 
Immigration and Naturalization Service (INS).
    The I-551 Renewal Program Temporary Sticker Issuance I-90 Manifest 
System (SIIMS), JUSTICE/INS-033, is a new system of records for which 
no public notice consistent with the provisions of 5 U.S.C. 552a(e)(4) 
and (11) has been published.
    In accordance with 5 U.S.C. 552a(e) and (11), the public is given a 
30-day period in which to comment on proposed 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. OMB, the Congress, and the public, 
are invited to send written comments to Mary Cahill, Management 
Analyst, Management and Planning Staff, Justice Management Division, 
Department of Justice, Washington, DC 20530 (Room 1400, National Place 
Building).
    In accordance with 5 U.S.C. 552a, the Department has provided a 
report to OMB and the Congress.


[[Page 6674]]


    Dated: January 8, 2001.
Stephen R. Colgate,
Assistant Attorney General for Administration.
JUSTICE/INS-033

SYSTEM NAME:
    I--551 Renewal Program Temporary Sticker Issuance I-90 Manifest 
System (SIIMS).

SYSTEM LOCATION:
    Immigration and Naturalization Service (INS) Headquarters, Service 
Centers, District Offices, sub-offices, and Ports of Entry, as detailed 
in JUSTICE/INS-999, published April 13, 1999 (64 FR 18052).

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Individuals who are: covered by provisions of the Immigration and 
Nationality Act of the United States; have been lawfully admitted 
permanent residents for at least ten years; and are in possession of an 
expiring or expired Form I-551 (Permanent Resident Card, previously 
known as the Alien Registration Card), and have properly filed a Form 
I-90 (Application to Replace Alien Registration Card), with appropriate 
fee, for renewal of this expiring/expired I-551, at the District or 
sub-office.

CATEGORIES OF RECORDS IN THE SYSTEM:
    Records from this system are in automated and paper form. The 
records identify the sticker number applied to the back of the I-551 
after an I-90 application and fee has been accepted. The system also 
includes the alien number and name of the applicant; the type and 
amount of fee remittance accepted; the location where the application 
was accepted; the date of the application; and the identification of 
the individual issuing the sticker.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    8 U.S.C. Sections 1103, 1154, 1304, 1305, and 1360.

PURPOSE(S):
    The system enables INS to track the issuance of the stickers, and 
provides for accountability and control of specific sticker issuance. 
In some instances, field inquiries of the system also will enable INS 
to determine if a particular sticker was properly issued and/or is a 
legitimate issuance.

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. To Federal, State, tribal, and local government law enforcement 
and regulatory agencies, foreign governments, and individuals and 
organizations during the course of investigation in the processing of a 
matter, or 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.
    B. To a Federal, State, tribal, 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.
    C. To either a party or the tribunal in a proceeding before a court 
or other 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 relevant to the litigation: (1) 
The DOJ, or any DOJ component, or any subdivision thereof; (2) any DOJ 
employee in his or her official capacity; (3) any DOJ employee in his 
or her individual capacity where the DOJ has agreed to represent the 
employee or has authorized a private attorney to represent him or her; 
and (4) the United States, where the INS or the DOJ determines that the 
litigation is likely to affect it or any of its subdivisions.
    D. 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.
    E. To a Federal, State, local, tribal, 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.
    F. 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.
    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 an attorney or representative acting on behalf an individual 
covered by this system of records in connection with any proceeding 
before the INS or the Executive Office for Immigration Review.
    J. To contractors, grantees, experts, consultants, students, and 
others performing or working on a contract, service, grant, cooperative 
agreement, or other assignment for the Federal government, when 
necessary to accomplish an agency function related to this system of 
records.
    K. Pursuant to subsection (b)(3) of the Privacy Act, the Department 
of Justice may disclose relevant and necessary information to a former 
employee of the Department for purposes of: responding to an official 
inquiry by a federal, state, or local government entity or professional 
licensing authority, in accordance with applicable Department 
regulations; or facilitating communications with a former employee that 
may be necessary for personnel-related or other official purposes where 
the Department requires information and/or consultation assistance from 
the former employee regarding a matter within that person's former area 
of responsibility.

POLICIES AND PRACTICES OF STORING, RETRIEVING, ACCESSING, RETAINING AND 
DISPOSING OF RECORDS IN THE SYSTEM STORAGE:
    Information will be stored on magnetic disks and/or tape in INS 
Headquarters. Paper records will be stored in INS offices, file 
drawers, and/or filing cabinets.

RETRIEVABILITY:
    Information will be retrievable by sticker number. Other specific 
information reports may be generated for quality control and 
verification

[[Page 6675]]

purposes. The reports can be retrieved by date, location, issuing 
agent, and/or alien number.

SAFEGUARDS:
    Most INS offices are located in buildings under security guard, 
with access limited to INS and other Federal Government employees and 
authorized visitors. 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.

RETENTION AND DISPOSAL:
    The sticker issuance data in the electronic tracking system is 
maintained for three years and then destroyed. The sticker issuance in 
manifest form is downloaded from the electronic system and maintained 
in case of inquiries. It is maintained for three years and then 
destroyed. The Form I-90 applications are mailed to the Service Centers 
where they are placed in application receipt files, maintained for ten 
years, and then destroyed. If a Form I-90 application is denied, it is 
placed in the alien file. NOTE: Alien files and the Central Index 
System (CIS) contain all relevant information pertaining to the 
permanent resident status of the applicant and are maintained for 75 
years.

SYSTEM MANAGER AND ADDRESS:
    Associate Commissioner, Field Services Operation, Immigration 
Services Division, Immigration and Naturalization Service, 801 I Street 
NW, Room 900, Washington, DC 20536.

NOTIFICATION PROCEDURE:
    Any inquiries regarding specific sticker issuance information 
contained in this system should be addressed in writing to the System 
Manager listed above or to the Freedom of Information Act/Privacy Act 
(FOIA/PA) officer where the record is located (See System Location).

RECORD ACCESS PROCEDURE:
    Requests for access to a record from this system shall be in 
writing. Clearly mark the envelope and letter ``Privacy Act Request.'' 
The requester shall provide his or her full name, the sticker issuance 
number, the general nature of the inquiry, and if possible the date 
that the application was filed at the INS office and the location of 
the INS office where the application was accepted. The requester also 
shall provide date and place of birth, verification of identity [in 
accordance with 8 CFR 103.21(b) or a sworn statement under penalty of 
perjury], his or her notarized signature, and any other information 
that may assist in identifying and locating the record. The requester 
also should provide a return address for transmitting the record(s) to 
be released.

CONTESTING RECORDS PROCEDURE:
    Direct all requests to contest or amend information to the System 
Manager or FOIA/PA officer as indicated 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 Amendment Request.'' The record must be identified in the 
same manner as described for making a request for record access (see 
above). To facilitate the expeditious handling of the amendment 
request, include a copy of the response received to the Privacy Act 
Request.

RECORD SOURCE CATEGORIES:
    Information contained in this system of records is obtained from 
the applicant during the issuance of an I-551 extension after an 
applicant has filed an I-90 to renew and expiring/expired I-551 in his 
or her possession.

SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS OF THE ACT:
    None.

[FR Doc. 01-1741 Filed 1-19-01; 8:45 am]
BILLING CODE 4410-10-M