Privacy Act of 1974; Modified System of Records

DEPARTMENT OF JUSTICE

[AAG/A Order No. 86-94]

Privacy Act of 1974; Modified System of Records

Pursuant to the Privacy Act of 1974 (5 U.S.C. 552a), the

Immigration and Naturalization Service, Department of Justice, proposes

to modify the following system of records:

``Alien Status Verification Index, Justice/INS-009.''

Routine uses disclosures A. and B. have been rewritten as one

routine use. The revised routine use, designated as routine use A.,

clarifies (1) that access/verification for any of the purposes

identified may be accomplished either manually or via automated means

by any of the recipients identified and (2) that the information may be

disclosed--for the same purposes--to a contractor acting on behalf of

the agency.

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 any new use or intended

use of information in the system. The Office of Management and Budget

(OMB) requires a 40-day period in which to conclude its review of the

proposed changes.

Therefore, please submit any comments by June 10, 1994. The public,

OMB, and the Congress are invited to send written comments to Patricia

E. Neely, Systems Policy Staff, Justice Management Division, Department

of Justice, Washington, DC 20530 (room 850, WCTR Building).

Dated: May 5, 1994.

Michael J. Roper,

Acting Assistant Attorney General for Administration.

JUSTICE/INS-009

Alien Status Verification Index.

Immigration and Naturalization Service (INS), 425 I Street NW.,

Washington, DC 20536.

Individuals covered by provisions of the immigration and

nationality laws of the United States.

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.

Sections 101 and 121 of the Immigration Reform and Control Act of

1986, 8 U.S.C. 1360, 8 U.S.C. 1324a, 20 U.S.C. 1091, 42 U.S.C. 1436a,

42 U.S.C. 1320b-7, and Executive Order 12781.

This system of records is used to verify the alien's immigrant,

nonimmigrant, and/or eligibility status for any purpose consistent with

INS statutory responsibilities.

Relevant information contained in this system of records may be

disclosed as follows:

A. To a Federal, State, or local government agency, or to a

contractor acting on its behalf, to the extent that such disclosure is

necessary to enable these agencies/contractors 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 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, or contractors operating on their behalf, for use in computer

matching programs for the purpose of verifying an alien's immigrant

status or non-immigrant status and/or eligibility for the purpose of

making Federal program benefit eligibility determinations.

B. To employers for verifying the employment eligibility of aliens

to work in the United States in compliance with employer sanctions of

the 1986 Immigration Reform and Control Act. Employers are assigned

secure access codes and will have access through touch-tone telephone

and/or point of sale equipment.

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, 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 23 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 of 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.

Records are stored on magnetic disk and tape.

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.

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.

A request for disposition authority is pending the approval of

NARA.

The Assistant Commissioner, Records Systems Division, Immigration

and Naturalization Service, 425 I Street NW., Washington, DC., is the

sole manager of the system.

Inquiries should be addressed to the system manager listed above.

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.

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.

Basic information contained in this system is taken from Department

of State and INS applications and reports on the individual.

None.

[FR Doc. 94-11300 Filed 5-10-94; 8:45 am]

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