Privacy Act of 1974; Modified System of Records

DEPARTMENT OF JUSTICE

[AAG/A Order No. 95-94]

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 (INS), Department of Justice,

proposes to modify the following system of records--previously

published October 5, 1993 (58 FR 51853):

The Immigration and Naturalization Service (INS) Alien File (A-File)

and Central Index System (CIS), Justice/INS-001A

Specifically, INS has clarified and combined routine uses D. and H.

into one routine use, now identified as D., which relates to law

enforcement disclosure. It has removed routine use E. which had

proposed disclosure during discovery proceedings, and has added a

routine use, also designated as E., which permits disclosure to a court

during litigation. Finally, INS has revised routine uses G. and L.

Revised routine use G. clarifies the users and uses by adding language

which had been inadvertently omitted. Revised routine use L.,

redesignated as K., clarifies that information may be disclosed not

only to assist the United States in collecting its debts but also to

assist foreign governments in collecting their debts. Affected routine

uses have been italicized for public convenience.

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 routine use of a system

of records. 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 proposed changes.

Therefore, please submit any comments by December 5, 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).

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: October 6, 1994.

Stephen R. Colgate,

Assistant Attorney General for Administration.

JUSTICEANS--001A

The Immigration and Naturalization Service (INS) Alien File (A-

File) and Central Index System (CIS).

Central, Regional, District, and other INS file control offices in

the United States as detailed in JUSTICE/INS--999. 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.

A. Individuals covered by provisions of the Immigration and

Nationality Act of the United States.

B. Individuals who are under investigation, were investigated 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.

A. The computerized indexing system contains personal

identification data such as A-File number, name, 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 were called Citizenship File

(C-File)) contains all the individual's official record material such

as naturalization certificates; various forms, applications and

petitions for benefits under the immigration and nationality laws;

reports of investigations; statements; reports; correspondence; and

memorandums on each individual for whom INS has created a record under

the Immigration and Nationality Act.

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.

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.

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, 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 investigation in 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, 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.

E. A record, or any facts derived therefrom, may be disseminated in

a proceeding before a court or adjudicative body before which INS 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

to be arguably relevant to the litigation: (i.) INS, or any subdivision

thereof, or (ii.) any employee of INS in his or her official capacity,

or (iii.) any employee of INS in his or her individual capacity where

the Department of Justice has agreed to represent the employee, or

(iv.) the United States, where INS determines that the litigation is

likely to affect it or any of its subdivisions.

F. 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.

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.

J. To an applicant, petitioner or respondent or to his or her

attorney or representative as defined in 8 CFR 1.1(j) in connection

with any proceeding before INS.

K. To a Federal, State, 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 owed 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 (1) provides sufficient documentation to establish the

validity of the stated purpose of its request, and (2) 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 a personal privacy.

N. 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.

O. 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.

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 which can be accessed electronically are stored in a data

base on magnetic disk and tape.

These records are indexed and retrieved by A-file or C-file number,

name, and/or date of birth.

INS offices are located in buildings under security guard, and

access to premises is by official identification. 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.

A-file records are retained for 75 years from the closing date or

date of last action and then destroyed. C-file records are to be

destroyed 100 years from March 31, 1956. Automated index records are

retained only as long as they serve a useful purpose and then they are

deleted from the system disk and/or tape.

The Servicewide system manager is the Director, Records Management

Branch, Records Systems Division, Immigration and Naturalization

Service, 425 I Street NW., Washington, DC 20536.

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, published in the

Federal Register.

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.

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 envelop

``Privacy Act Request.'' The record must be identified in the same

manner as described for making a request for access.

Basic information contained in INS records is supplied by

individuals on Department of State and INS applications and forms.

Other information comes from inquiries and/or complaints from members

of the general public and members of Congress; referrals of inquiries

and/or complaints directed to the White House or Attorney General; INS

reports to investigations, sworn statements, correspondence and

memorandums; official reports, memorandums, and written referrals from

other entities, including Federal, State, and local governments,

various courts and regulatory agencies, foreign government agencies and

international organizations.

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 to the

extent that information in the system is subject to exemption pursuant

to 5 U.S.C. 552a (j) and (k). Rules have been promulgated in accordance

with the requirements of 5 U.S.C. 553 (b), (c), and (e) and have been

published in the Federal Register and codified as additions to Title

28, Code of Federal Regulations (28 CFR 16.99).

[FR Doc. 94-27320 Filed 11-3-94; 8:45 am]

BILLING CODE 4410-10-M