[Federal Register Volume 66, Number 174 (Friday, September 7, 2001)]
[Notices]
[Pages 46812-46816]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-22449]


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DEPARTMENT OF JUSTICE

[AAG/A Order No. 243-2001]


Privacy Act of 1974; 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 systems of records--previously 
published July 8, 1997 (62 FR 36572) and October 10, 1995 (60 FR 
52697), respectively:
The Immigration and Naturalization Service (INS) Alien File (A-File) 
and Central Index System (CIS), JUSTICE/INS-001A
Alien Status Verification Index (ASVI), JUSTICE/INS-009
    INS proposes to add six new routine use disclosure provisions, 
identified as R, S, T, U, V, and W and to appropriately edit routine 
use J to JUSTICE/INS-001A. Routine use R permits disclosure of 
information from this system of records to appropriate health 
authorities that perform required medical examinations on individuals 
entering the United States. Release of this information assists these 
individuals in performing their oversight responsibilities. Routine use 
S ensures that the system of records is in compliance with the 
requirements of section 642(c) of the Illegal Immigration Reform and 
Immigrant Responsibility Act of 1996. Routine use T allows contractors 
access to INS information when performing a function on its behalf. 
Routine use U is necessary to assist other government agencies in the 
performance of their law enforcement functions. Routine use V is 
necessary to permit disclosure of information on individuals from this 
system to the Social Security Administration (SSA) so that the SSA will 
be able to issue valid social security numbers to certain aliens who 
have made a request for a social security number and card as part of 
the immigration process and in accordance with agreements in place 
between the INS, SSA and the Department of State. These interagency 
agreements, which are authorized by specific SSA regulations, concern 
the sharing of information on aliens so that the SSA may issue them 
social security numbers and appropriate cards if the aliens so request. 
Finally, routine use W allows disclosure to former employees when the 
Department requires information and/or consultation assistance from the 
former employee that is necessary for personnel-related or other 
official purposes regarding a matter within that person's former area 
of responsibility. (This routine use is also being added in JUSTICE/
INS-009 as J.)
    In INS-001A, Routine uses D and F includes an additional source, 
tribal governments. Routine use J required editing because no routine 
use is necessary to allow the applicant, petitioner, and/or respondent 
access to their record.
    Also, the following sections have been modified. The ``Categories 
of Records'' portion in the system has been edited to include 
photographs as another form of information within the system. The 
``Retention and Disposal'' section has been edited to reflect the 
actual language approved by the National Archives and Records 
Administration (NARA). Finally, the ``Record Source'' and ``Systems 
Exempted From Certain Provisions of the Act'' portions have been edited 
to improve clarification of the system.
    Secondly, INS proposes to add three new routine use disclosures to 
JUSTICE/INS-009, identified as H, I, and J. Routine use H ensures that 
the system of records is in compliance with the requirements of Section 
642(c) of the Illegal Immigration Reform and Immigrant Responsibility 
Act of 1996. Routine use I clarifies those entities having access to 
ASVI via partnership in the SAVE program. Lastly, routine use J has 
been added as explained above. Also, routine uses A, B, D, and F are 
being edited to clarify the system description (e.g., include an 
additional source, tribal governments; and amend the use of ASVI data). 
The ``Retention and Disposal'' section has been edited to reflect that 
the disposition schedule is no longer pending. Other minor corrections 
or edits have been made to the following sections, ``Record Source'' 
and ``Systems Exempted From Certain Provisions of the Act.''
    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 proposed system 
modifications and new routine use disclosures. The Office of

[[Page 46813]]

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 30 days from the 
publication date of this notice). 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 modifications.

    Dated: August 21, 2001.
Janis A. Sposato,
Acting Assistant Attorney General for Administration.
JUSTICE/INS-001A

SYSTEM NAME:
    The Immigration and Naturalization Service (INS) Alien File (A-
File) and Central Index System (CIS).

SYSTEM LOCATION:
    Headquarters, Regional, District, and other INS file control 
offices in the United States and foreign countries as detailed in 
JUSTICE/INS-999, last published April 13, 1999 (64 FR 18052). 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.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    A. Individuals covered by provisions of the Immigration and 
Nationality Act of the United States.
    B. Individuals who are under investigation, or who were 
investigated by the INS 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.

CATEGORIES OF RECORDS IN THE SYSTEM:
    A. The computerized indexing system contains personal 
identification data such as A-File number, 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 was called Citizenship File 
(C-File)) contains all the individual's official record material such 
as naturalization certificates; various forms (and attachments, e.g., 
photographs), applications and petitions for benefits under the 
immigration and nationality laws, reports of investigations; 
statements; reports; correspondence; and memoranda on each individual 
for whom INS has created a record under the Immigration and Nationality 
Act.

AUTHORITY FOR MAINTENANCE OF RECORDS:
    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.

PURPOSE:
    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.

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 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, tribal, 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 an investigation or 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, tribal, local or foreign government agency 
or organization, or international organization, lawfully engaged in 
collecting law enforcement intelligence information, whether civil or 
criminal, or charged with investigating, prosecuting, enforcing or 
implementing civil 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 or 
the Department of Justice (DOJ) is authorized to appear when any of the 
following is a party to the litigation or has an interest in the 
litigation and such records are determined by INS or DOJ to be arguably 
relevant to the litigation: (1) INS, or any subdivision thereof, or (2) 
any employee of INS in his or her official capacity, or (3) any 
employee of INS in his or her individual capacity when the Department 
of Justice has agreed to represent the employee, and (4) the United 
States, where INS determines that the litigation is likely to affect it 
or any of its subdivisions.
    F. To a federal, state, tribal, 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.

[[Page 46814]]

    J. To an attorney or representative (as defined in 8 CFR 1.1(j)) 
who is acting on behalf of an individual covered by this system of 
records in connection with any proceeding before INS or the Executive 
Office for Immigration Review.
    K. To a federal, state, tribal, 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 owned 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 (a) Provides sufficient documentation to 
establish the validity of the stated purpose of its request, and (b) 
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 personal privacy.
    N. 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.
    O. To the General Services Administration and the National Archives 
and Records Administration (NARA) in records management inspections 
conducted under the authority of 44 U.S.C. 2904 and 2906.
    P. To an obligor who has posted a bond with the INS for the 
subject. INS may provide only such information as either may (1) aid 
the obligor in locating the subject to insure his or her presence when 
required by INS, or (2) assist the obligor in evaluating the propriety 
of the following actions by INS: either the issuance of an appearance 
demand or notice of a breach of bond--i.e., notice to the obligor that 
the subject of the bond has failed to appear which would render the 
full amount of the bond due and payable.
    Q. To an official coroner for purposes of affirmatively identifying 
a deceased individual (whether or not such individual is deceased as a 
result of a crime).
    R. Consistent with the requirements of the Immigration and 
Nationality Act, to the Department of Health and Human Services (HHS), 
the Centers for Disease Control and Prevention (CDC), or to any state 
or local health authorities, to provide proper medical oversight of 
INS-designated civil surgeons who perform medical examinations of both 
arriving aliens and of those requesting status as a lawful permanent 
resident, and to ensure that all health issues potentially affecting 
public health and safety in the United States are being or have been, 
adequately addressed. In addition, the names, addresses, and telephone 
numbers of designated civil surgeons are routinely provided to the CDC 
to enable the CDC to send its technical instructions to the designated 
civil surgeons.
    S. To a federal, state or local government agency seeking to verify 
or ascertain the citizenship or immigration status of any individual 
within the jurisdiction of the agency for any purpose authorized by 
law.
    T. 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.
    U. To the appropriate agency/organization/task force, regardless of 
whether it is federal, state, local, foreign, or tribal, charged with 
the enforcement (e.g., investigation and prosecution) of a law 
(criminal or civil), regulation, or treaty, of any record contained in 
this system of records which indicates either on its face, or in 
conjunction with other information, a violation or potential violation 
of that law, regulation, or treaty.
    V. To the Social Security Administration (SSA) for the purpose of 
issuing a social security number and card to an alien who has made a 
request for a social security number as part of the immigration process 
and in accordance with any related agreements in effect between the SSA 
and the Immigration and Naturalization Service and/or the Department of 
State entered into pursuant to 20 CFR 422.103(b)(3); 422.103(c); and 
422.106(a), or other relevant laws and regulations.
    W. 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:
    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 that can be accessed electronically are stored in a 
database on magnetic disk and tape.

Retrievability:
    These records are indexed and retrieved by an individual's A-file 
or C-file number, name, and/or date of birth.

Safeguards:
    INS offices are located in buildings under security guard, and 
access to premises is by official identification. All records are 
stored in spaces that are locked during non-duty office hours. Many 
records are stored in cabinets, open shelving, or machines that are 
also locked during non-duty office hours. Access to automated records 
is controlled by passwords and name identifications.

Retention and Disposal:
    A-file records are retained for 75 years from the date the file is 
retired to the Federal Records Center or date of last action (whichever 
is earlier) and then destroyed. C-file records are to be destroyed 100 
years from March 31, 1956. Automated master index records are permanent 
and will be transferred to NARA in 2005.

System Manager(s) and Address:
    The Servicewide system manager is the Assistant Commissioner, 
Office of Records Services, Immigration and Naturalization Service, 425 
Street NW, Fourth Floor, Union Labor Life Building, Washington, DC 
20536.

Notification Procedure:
    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, last

[[Page 46815]]

published in the Federal Register, April 13, 1999(64 FR 18052).

Record Access Procedure:
    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.

Contesting Records Procedures:
    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 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 contained in INS records is supplied by 
individuals --generally, individuals covered by this system of 
records--on Department of State and INS applications and forms. Other 
information comes from inquiries or complaints from members of the 
general public and members of Congress; referrals of inquiries or 
complaints directed to the President or Attorney General; INS reports 
to investigations, sworn statements, correspondence, official reports, 
memoranda, and written referrals from other entities, including 
federal, state, and local governments, various courts and regulatory 
agencies, foreign government agencies and international organizations.

Systems Exempted From Certain Provisions of the Act:
    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 only to the 
extent that records in the system are subject to exemption pursuant to 
5 U.S.C. 552a (j)(2) and (k)(2). 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 and 
can be found at 28 CFR 16.99.
Justice/INS-009

System Name:
    Alien Status Verification Index.

System Location:
    Immigration and Naturalization Service (INS), 425 I Street NW, 
Washington, DC 20536.

Categories of Individuals Covered by the System:
    Individuals who are applicants, petitioners, beneficiaries, or 
possible violators of the Immigration and Nationality Act.

Categories of Records in the System:
    The system consists of an index of aliens and other persons on whom 
INS has a record as an applicant, petitioner, beneficiary, or possible 
violator of the Immigration and Nationality Act. Records include index 
and file locator data such as last and first name, alien registration 
number (or ``A-file'' number), date and place of birth, social security 
account number, date coded status transaction data and immigration 
status classification, verification number, and an employment 
eligibility statement.

Authority for Maintenance of the System:
    Sections 101 and 121 of the Immigration Reform and Control Act of 
1986; Section 404 of the Illegal Immigration Reform and Immigrant 
Responsibility Act of 1996; 8 U.S.C. 1360; 8 U.S.C. 1324a; 8 U.S.C. 
1373; 8 U.S.C. 1642; 20 U.S.C. 1091; 42 U.S.C. 1320b-7; 42 U.S.C. 1436; 
and Executive Order 12781.

Purpose:
    This system of records is used to verify the individuals' 
immigrant, nonimmigrant, and/or eligibility status for any purpose 
consistent with INS statutory responsibilities.

Routine Uses of Records Maintained in the System, Including Categories 
of Users and the Purpose of Such Use:
    Relevant information contained in this system of records may be 
disclosed as follows:
    A. To a federal, state, tribal, or local government agency, or to a 
contractor acting on its behalf, to the extent that such disclosure is 
necessary to enable these agencies to make decisions concerning the (1) 
hiring or retention of an employee; (2) issuance of a security 
clearance; (3) reporting of an investigation of an employee; (4) 
letting of a contract; (5) issuance of a license or grant; or (6) 
determination of eligibility for a federal, state, or local program or 
other benefit. Such access may be via a system in which the recipient 
performs its own automated verification of the requisite information 
for deciding any of the above. INS will assign appropriate access codes 
for remote access through secured terminals to agencies which are to 
perform their own automated verification. Records may also be disclosed 
to these agencies for use in computer matching programs for the purpose 
of verifying eligibility of applicants for federal, state, or local 
programs or benefits.
    B. To any person or entity, e.g., employers, agents of employers, 
state employment agencies, etc., authorized or required by law to 
participate in an employment verification program, any information 
which will enable such persons or entities to verify eligibility to 
work in the United States in compliance with the employer sanctions 
provisions of the Immigration Reform and Control Act of 1986. Such 
persons or other entities are assigned secure access codes and will 
have access through electronic means.
    C. To the private contractor for maintenance and for other 
administrative support operations (e.g., preparing for INS management 
reimbursable cost reports etc. based on user access), to the extent 
necessary to perform such contract duties.
    D. To other federal, state, tribal, or local government agencies 
for the purpose of verifying information in conjunction with the 
conduct of a national intelligence and security investigation or for 
criminal or civil law enforcement purposes.
    E. 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.
    F. To a Member of Congress or staff acting upon the Member's behalf 
when the Member or staff request the information on behalf of and at 
the request of the individual who is the subject of the record.
    G. To the National Archives and Records Administration (NARA) and 
the General Services Administration in records management inspections 
conducted under the authority of 44 U.S.C. 2904 and 2906.
    H. To a federal, state, tribal, or local government agency 
participating in the INS Status Verification Program seeking to verify 
or ascertain the citizenship or immigration status of any individual 
within the jurisdiction of the agency for any purpose authorized by 
law.

[[Page 46816]]

    I. To a person or entity authorized by a federal, state, tribal or 
local government agency to act as the agency's contractor, agent, 
grantee, or designee with respect to ascertaining or verifying 
immigration status for any purpose consistent with INS statutory 
responsibilities, and/or are otherwise authorized by law. INS would 
disclose to such person or entity only to the extent that it would 
otherwise disclose to the authorizing federal, state, tribal or local 
government agency pursuant to an applicable Privacy Act disclosure 
provision.
    J. 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 stored on magnetic disk and tape.

Retrievability:
    Records are indexed and retrievable by name and date and place of 
birth, or by name and social security account number, by name and A-
file number.

Safeguards:
    Records are safeguarded in accordance with Department of Justice 
Orders governing security of automated records and Privacy Act systems 
of records. Access is controlled by restricted password for use of 
remote terminals in secured areas.

Retention and Disposal:
    Information is destroyed when no longer needed.

System Manager and Address:
    The Director, SAVE Branch, Immigration and Naturalization Service, 
425 I Street NW, First Floor, Union Labor Life Building, Washington, DC 
20536, is the sole manager of the system.

Notification Procedure:
    Inquiries should be addressed to the system manager listed above.

Record Access Procedures:
    In all cases, requests for access to a record from this system 
shall be in writing. If a request for access is made by mail the 
envelope and letter shall be clearly marked ``Privacy Act Request.'' 
The requester shall include the name, date and place of birth of the 
person whose record is sought and if known the alien file number. The 
requester shall also provide a return address for transmitting the 
information.

Contesting Record Procedures:
    Any individual desiring to contest or amend information maintained 
in the system should direct his or her request to the System Manager or 
to the INS office that maintains the file. 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:
    Basic information contained in this system is taken from Department 
of State and INS applications and reports on the individual.

Systems Exempted From Certain Provisions of the Act:
    None.

[FR Doc. 01-22449 Filed 9-6-01; 8:45 am]
BILLING CODE 4410-10-P