[Federal Register Volume 67, Number 82 (Monday, April 29, 2002)]
[Notices]
[Pages 20996-20997]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-10398]


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DEPARTMENT OF JUSTICE

[AAG/A Order No. 264-2002]


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 and publish as a separate system of records, 
Subsystem L of the Immigration and Naturalization Service Index System, 
JUSTICE/INS-001, which was published on October 5, 1993 (58 FR 51347). 
Subsystem L was previously entitled ``Naturalization and Citizenship 
Indexes.'' As a new and separate system of records, it is now retitled 
``The Redesigned Naturalization Application Casework System (RNACS), 
JUSTICE/INS-031.''
    The following captions of the notice reflect changes: (1) System 
Name, (2) Categories of Individuals Covered by the System, (3) 
Categories of Records in the System, (4) Purpose, (5) Routine Uses, (6) 
Storage, and (7) Retention and Disposal. RNACS does not track Freedom 
of Information Act and Privacy Act (FOIA/PA) requests/responses. 
Therefore, references to tracking this information has been deleted in 
the Categories of Individuals, Categories of Records and Purpose 
sections. Applicable routine uses from JUSTICE/INS-001 have remained. 
INS is adding three new routine use disclosures. Routine use H permits 
the disclosure of information to an obligor who has posted an 
immigration bond. Information will be released that will aid the 
obligor in locating an individual who has failed to appear at an 
immigration proceeding and also allows the obligor to review the 
propriety of an INS notice of breach of bond and/or the related 
appearance demand. Routine use I will allow contractors working for INS 
to have access to the information in this system of records. Routine 
use J allows disclosure to former employees when the Department of 
Justice 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. Information is no longer stored on disks and tape 
and the Storage portion reflects this change. The retention and 
disposal section is being edited to reflect changes in the automated 
system. Finally, the system is being modified to remove its exempt 
status.
    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 new routine use 
disclosures. The Office of Management and Budget (OMB), which has 
oversight responsibility under the Act, requires a 40-day period in 
which to conclude its review of the system. Therefore, please submit 
any comments by May 29, 2002. The public, OMB, and the Congress are 
invited to submit any 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 this system.

    Dated: April 16, 2002.
Robert F. Diegelman,
Acting Assistant Attorney General for Administration.
JUSTICE/INS-031

System Name:
    Redesigned Naturalization Application Casework System (RNACS).

System Location:
    Immigration and Naturalization Service (INS) Headquarters, Regional 
Service Centers, District Offices and sub-offices 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 have filed applications for naturalization, 
citizenship, or to replace naturalization certificates under the 
Immigration and Nationality Act, as amended, and/or who have submitted 
fee payments with such applications.

Categories of Records in The System:
    Information that identifies individuals named above, e.g., name and 
address, date of birth, and alien registration number. Records in the 
system may also include information such as date documents were filed 
or received in INS, status, and location of record.

Authority For Maintenance of The System:
    8 U.S.C. 1103; 8 U.S.C. 1363; and 31 U.S.C. 3512.

Purpose(s):
    This system enables INS to determine the status of pending 
applications for naturalization; to account for and control the receipt 
and disposition of any fees collected; to schedule naturalization 
interviews; to schedule naturalization ceremonies; to print 
naturalization certificates; and to print information to be sent to 
applicants and their attorneys on information related to their 
applications.

Routine Uses of Records Maintened 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 
responsibilities.
    B. In an appropriate proceeding before a court, grand jury, or 
administrative or regulatory body when records are determined by the 
Department of Justice to be arguably relevant to the proceeding.
    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. Where a record, either on its face or in conjunction with other 
information, indicates a violation or potential violation of law, to 
any civil or criminal law enforcement authority or other appropriate 
agency, whether federal, state, local, foreign, or tribal,

[[Page 20997]]

charged with the responsibility of investigating or prosecuting such a 
violation or enforcing or implementing a statute, rule, regulation, or 
order.
    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 requests the information on behalf of 
and at the request of the individual who is the subject of the record.
    G. To the General Services Administration and National Archives and 
Records Administration (NARA) in records management inspections 
conducted under the authority of 44 U.S.C. 2904 and 2906.
    H. To an obligor who has posted a bond with the INS for the 
subject. INS may provide only such information, as either (1) may 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: 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.
    I. 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.
    J. Pursuant to subsection (b)(3) of the Privacy Act, the Department 
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:
    Information is stored on an IBM mainframe computer at the Justice 
Data Center in Dallas, Texas.

Retrievability:
    Records may be retrieved by the alien registration number of the 
individuals covered by the system.

Safeguards:
    Most 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 that require the use of restricted passwords and user 
identification.

Retention and Disposal:
    The following INS proposal for retention and disposal is pending 
approval by NARA. Applications and supporting documents are placed in 
the Alien File (See JUSTICE/INS-001A). Electronic copies are stored on 
an IBM mainframe computer at the Justice Data Center in Dallas, Texas 
for ten years and then destroyed.

System Manager(s) and Address:
    Immigration Services Division, Immigration and Naturalization 
Service, 801 I Street NW, Washington, DC 20536.

Notification Procedure:
    Inquiries should be addressed to the Immigration Services Division, 
Attention: Naturalization Program manager.

Record Access Procedure:
    Make all requests for access in writing to the FOIA/PA Officer at 
any INS office. Such requests may be submitted either by mail or in 
person. If a request for access is made by mail, the envelope and 
letter shall be clearly marked ``Privacy Access Request.'' The 
requester shall include a description of the general subject matter and 
if known, the related file number. To identify a record, 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), or a 
statement of penalty of perjury, and any other identifying information 
(i.e., alien registration number and receipt number to assist in 
locating and/or verifying the identity of the record) that may be of 
assistance in locating the record. The requester shall also provide a 
return address for transmitting the records to be released.

Contesting Records Procedure:
    Any individual desiring to contest or amend information maintained 
in this system of records should direct his or her request to the 
system manager noted in ``System Manager(s) and Address,'' or if 
unknown, the INS FOIA/PA Officer at 425 I Street NW, Washington, DC 
20536. 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 contained in this system of records is obtained from 
the individuals covered by the system and from Service officers 
involved in taking actions on or making decisions about the 
applications of the individuals covered by the system. Information is 
also derived from other Federal Government agencies.

Systems Exempted From Certain Provisions of The Act:
    None.

[FR Doc. 02-10398 Filed 4-26-02; 8:45 am]
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