[Federal Register Volume 66, Number 145 (Friday, July 27, 2001)]
[Notices]
[Pages 39199-39201]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-18792]


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

DEPARTMENT OF JUSTICE

[AAG/A Order No. 239-2001]


Privacy Act of 1974; System of Records

    Pursuant to the provisions of 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 December 11, 1987 (52 FR 47258):

Orphan Petitioner Index and Files, JUSTICE/INS-007

    INS proposes to: (1): Add another system location; (2) modify the 
``Authority for Maintenance of Records'' section to reflect changes as 
required by the Intercountry Adoption Act of 2000; and (3) add new 
routine use disclosures (i.e., C, G, H and I). Other minor corrections 
and edits have also been made to reflect the current description of 
this system of records.
    In accordance with 5 U.S.C. 552a(e)(4) and (11), the public is 
given a 30-day period in which to comment on the modified system and 
the 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 system.
    Therefore, please submit any comments by August 27, 2001. The 
public, OMB, and the Congress 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(r), the Department has provided a 
report to OMB and the Congress on the proposed modification.

    Dated: July 16, 2001.
Janis A. Sposato,
Acting Assistant Attorney General for Administration.
JUSTICE/INS-007

SYSTEM NAME:
    Orphan Petitioner Index and Files.

SYSTEM LOCATION:
    Headquarters, District offices and suboffices of the Immigration 
and Naturalization Service (Service) in the United States and foreign 
countries, as detailed in JUSTICE/INS-999, last published in the 
Federal Register on April 13, 1999 (64 FR 18052).

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Individuals who are prospective petitioners or who have filed an 
application for Advance Processing of Orphan Petition under the 
Immigration and Nationality Act, as amended.

CATEGORIES OF RECORDS IN THE SYSTEM:
    The system contains form I-600A, Application for Advance Processing 
of Orphan Petition, filed for advance processing of orphan petitions by 
prospective adoptive parent(s); documentation of prospective adoptive 
parent(s)' United States citizenship and marital status, agency 
responses indicating whether prospective adoptive parent(s) have any 
arrest records; and

[[Page 39200]]

home studies which include statements of financial ability and other 
elements that relate to the ability of the prospective adoptive parents 
to provide proper care to beneficiary orphans.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    8 U.S.C. 1103 and 1154; and 42 U.S.C. 14901.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND THE PURPOSE OF SUCH USE:
    Information in the system will be used by employees of the 
Immigration and Naturalization Service to determine the status of 
pending requests or petitions, to locate related files and other 
records promptly, and to determine the suitability of prospective 
petitioners as adoptive parents. Information regarding the status and 
progress of cases and the suitability of prospective petitioners as 
adoptive parents may be disseminated to other components of the 
Department of Justice, Members of Congress, and the President. In 
addition:
    A. Relevant information from this system may be referred to the 
Department of State in the processing of petitions or issuance of visas 
for benefits under the Immigration and Nationality Act, as amended.
    B. Information from this system may be referred to officials of 
other federal, state and local government agencies and adoption 
agencies and social workers to elicit information required for making a 
final determination of the petitioner's ability to care for a 
beneficiary orphan.
    C. To an attorney or representative who is acting on behalf of an 
individual covered by this system of records as defined in 8 CFR 1.1(j) 
in conjunction with any proceeding before the Immigration and 
Naturalization Service or the Executive Office for Immigration Review.
    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 the General Service Administration (GSA) and the National 
Archives and Records Administration (NARA) in records management 
inspections conducted under the authority of 44 U.S.C. 2904 and 2906.
    G. 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.
    H. To a court of adjudicative body before which the appropriate DOJ 
component 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 the appropriate DOJ component to be arguably relevant to 
the litigation:
    (1) The DOJ component, or any subdivision thereof, or
    (2) Any employee of the DOJ in his or her official capacity, or
    (3) Any employee of the DOJ 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 DOJ determines that the litigation 
is likely to affect it or any of its subdivisions.
    I. 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 FOR STORING, RETRIEVING, ACCESSING, RETAINING 
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
    Records are maintained as paper records in file folders.

RETRIEVABILITY:
    Records are retrieved by the name of the petitioner.

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 
outside of normal office hours.

RETENTION AND DISPOSAL:
    Records from the advance processing file folders are retained for 
one year after the completion of all advance processing. After one year 
the records are returned to the petitioner or the responsible state or 
licensed agency. Materials which cannot be returned to the petitioner 
or responsible state or licensed agency will be destroyed.

SYSTEM MANAGER AND ADDRESS:
    Associate Commissioner, Examinations, Immigration and 
Naturalization Service, 425 I Street, NW, Washington, DC 20536.

NOTIFICATION PROCEDURES:
    Inquiries should be addressed to the District Director or Officer 
in Charge of the Service office where the file is located. If the file 
location is not known, inquiries may be addressed to the System 
Manager, as noted above. To enable the Service to identify whether the 
system contains a record relating to an individual, the requester must 
provide the individual's full name, date of birth, place of birth, and 
a description of the subject matter.

RECORD ACCESS PROCEDURE:
    A person desiring access to a record shall submit a request in 
writing to the agency official designated under ``Notification 
Procedure'' above. The requester must also identify the record by 
furnishing the information listed under that caption. If a request to 
access a record is made by mail, the envelope and letter shall be 
clearly marked ``Privacy Act Request,'' and a return address must be 
provided for transmitting any information.

CONTESTING RECORD PROCEDURE:
    An individual desiring to request amendment of records maintained 
in this system of records should direct his or her request to the 
System Manager or to the appropriate FOIA/PA Officer noted in System 
Locations. The request should state the information being contested, 
the reason(s) for contesting it, and the proposed amendment thereof. 
Persons filing such requests should mark the envelope with the 
following legend ``Privacy Act Amendment Request.''

RECORD SOURCE CATEGORIES:
    Information in the system is obtained from requests and petitions 
filed by the petitioners, public and private adoption agencies and 
social workers; and federal, state, local and foreign government 
agencies.

SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS OF THE ACT:
    This system is exempt from subsection (d) of the Privacy Act. This 
exemption applies to the extent that information in this system is 
subject to

[[Page 39201]]

exemption pursuant to 5 U.S.C. 552a(k)(1). INS has published 
implementing regulations in accordance with the requirements of 5 
U.S.C. 553(b), (c) and (e) and these have been published in the Federal 
Register. See 28 CFR 16.99(e).

[FR Doc. 01-18792 Filed 7-26-01; 8:45 am]
BILLING CODE 4410-10-M