Privacy Act of 1974; System of Records

DEPARTMENT OF JUSTICE

[AAG/A Order No. 133-97]

Privacy Act of 1974; System of Records

This notice is provided by the Privacy Act (5 U.S.C. 552a). The

Department of Justice, Immigration and Naturalization Service, is

republishing Subsystem I. of ``The Immigration and Naturalization

Service Index System, Justice/INS-001,''--last published October 5,

1993 (58 FR 51847)--as a separate system of records to be entitled

``Finance Section Indexes, Justice/INS-020.'' Subsystem I. is being

redescribed as a separate system of records to add the appropriate

routine use disclosure provisions and to otherwise achieve clarity and

accuracy of the system description, e.g., remove unnecessary exemptions

and inapplicable routine use disclosure provisions.

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 proposed new 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 proposal.

Therefore, please submit any comments June 13, 1997. The public,

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

E. Neely, Program Analyst, Information Management and Security 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 this system.

Dated: April 21, 1997.

Stephen R. Colgate,

Assistant Attorney General for Administration.

JUSTICE/INS-020

SYSTEM NAME:

Finance Section Indexes.

SYSTEM LOCATION:

Headquarters, Regional and District offices, Administrative

Centers, Service Centers, and other file control offices of the

Immigration and Naturalization Service (INS) in the United States as

detailed in JUSTICE/INS-999.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:

Creditors and debtors, including:

(a) Individuals who are indebted to the United States Government,

whether it be for goods, services, or benefits, or for administrative

fines and assessments, etc.

(b) Employees who have received travel advances or overpayments

from the United States Government, who are in arrears in their

accounts, or who are liable for damage to Government property.

(c) Vendors who have furnished supplies, material, equipment, and/

or services to the Government.

(d) Employees and witnesses who have performed official travel.

(e) Employees and other individuals who have a claim against the

Government.

CATEGORY OF RECORDS IN THE SYSTEM:

Accounts with creditors--Records include vendors' invoices,

purchase orders, travel vouchers, and claims.

Accounts with debtors--Records include bills for inspection

services performed under the Immigration and Naturalization Act of

March 2, 1931; fees, fines, penalties, vendor indebtedness for

overpayments, and deportation expenses assessed pursuant to the

Immigration and Nationality Act; and employee indebtedness for travel

advances, for the unofficial use of Government facilities and services,

for damage to or loss of Government property, and for erroneous or

overpayment of compensation for travel expenses.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:

(1) Sec. 103, 265 and 290 and Title III of the Immigration and

Nationality Act (66 Stat. 163), as amended (8 U.S.C. 1103; 8 U.S.C.

135; 8 U.S.C. 1360), and the regulations pursuant thereto; (2) 31

U.S.C. 66a.

PURPOSE(S):

This system of records is used to provide an accounting of the

financial activities of the INS, including accounts receivable and

accounts payable, and to assist management in the administration of

these activities. Further, the system provides the necessary

information to meet external fiscal reporting requirements and respond

to written inquires and complaints by the public.

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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. Where the record, either on its face or in conjunction with

other information, indicates a violation or potential violation of law

(whether civil, criminal or regulatory in nature) to the appropriate

agency, (whether federal, state, local or foreign) charged with the

responsibility of investigating or prosecuting such violations or

charged with enforcing or implementing the related statute, rule,

regulation or order issued pursuant thereto.

B. To other Federal or State agencies as specified in applicable

law or implementing regulations.

C. To the Internal Revenue Service (IRS) to obtain taxpayer mailing

addresses for the purpose of locating such taxpayer to collect or

compromise a Federal claim against the taxpayer. Addresses obtained

from IRS may be redisclosed to consumer reporting agencies, but only

for the purposes of allowing these agencies to prepare a commercial

credit report for INS use.

D. To employers to effect salary or administrative offsets to

satisfy a debt owed the United States by that person; or, when other

collection efforts have failed, to the IRS to effect an offset against

Federal income tax refund due. Such disclosures will be made only when

all procedural steps (including due process) established by the Debt

Collection Act have been taken.

E. To a person or organization with whom the head of the agency has

contracted for collection services to recover indebtedness owed to the

United States. Addresses of taxpayers obtained from the IRS will also

be disclosed, but only where necessary to locate such taxpayer to

collect or compromise a Federal claim.

F. To a Federal, State, local, or foreign agency or to an

individual or organization if there is reason to believe that such

agency, individual, or organization possesses information relating to

the debt, the identity or location of the debtor, the debtor's ability

to pay, or relating to any other matter which is relevant and necessary

to the settlement, effective litigation and enforced collection of the

debt, or relating to the civil action trial or hearing, and the

disclosure is reasonably necessary to elicit such information or to

obtain the cooperation of a witness or agency.

G. 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 litigation or has an interest in

litigation and such records are determined by INS or DOJ to be arguably

relevant to the litigation: The DOJ, or any DOJ component or

subdivision thereof; any DOJ employee in his/her official capacity; any

DOJ employee in his/her individual capacity where the DOJ has agreed to

represent the employee; or the United States where INS or the DOJ

determines that the litigation is likely to affect it or any of its

subdivisions.

H. To any third party who may possess the information, such as the

U.S. Post Office, State motor vehicle administration, a professional

organization, etc., to obtain a current mailing address in order to

locate a debtor.

I. 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.

J. To a Federal agency in connection with 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 by the requesting agency,

to the extent that the information relates to the requesting agency's

decision on the matter.

K. To Federal, State, and local licensing agencies or association

which require information concerning the suitability or eligibility of

an individual for a license or permit.

L. 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.

M. 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.

N. To General Services Administration and National Archives and

Records Administration in records management inspections conducted

under the authority of 44 U.S.C. 2904 and 2906.

31 U.S.C. 3711 requires that, where appropriate, the notice

required by section 552(e)(4) of title 5 must indicate that information

in the system may be disclosed to a consumer reporting agency pursuant

to subsection (b)(12). Such notice is provided as follows:

Notice of Disclosure to Consumer Reporting Agencies Under

Subsection (b)(12) of the Privacy Act

Records relating to the identity of debtors and the history of

claims may be disseminated to consumer reporting agencies to

encourage payment of the past-due debt. Such disclosures will be

made only when a claim is overdue and only after due process steps

have been taken to notify the debtor and give him or her a chance to

meet the terms of the debt. Prior to such disclosure, satisfactory

assurances will be obtained from such consumer reporting agency

concerning compliance by that agency with the Fair Credit Reporting

Act (15 U.S.C. 1681 et seq.) and any other Federal law governing the

provision of consumer credit information.

POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING,

AND DISPOSING OF RECORDS IN THE SYSTEM:

Storage:

Generally, index records are recorded on cards and stored in file

boxes and/or drawers. Other paper records are kept in file folders.

These records are also maintained on microfiche and computer

processable storage media. Inactive files are stored at the Federal

Records Center.

Retrievability:

Records are first retrieved by appropriation for the appropriate

fiscal year and then by creditor/debtor name and/or social security

number, as well as by vendor identification number.

SAFEGUARDS:

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 outside of normal office hours. Many

records are stored in cabinets or machines which are locked outside of

normal office hours. Access to automated records is controlled by

restricted password for use of remote terminals in secured areas.

RETENTION AND DISPOSAL:

Accounts with creditors and debtors are retained for two years from

the close of the fiscal year to which they relate and then are

transferred to Federal Records Centers for storage and disposition in

accordance with General Records Schedules 6 and 7.

SYSTEM MANAGER(S) AND ADDRESS:

Assistant Commissioner, Office of Financial Management, Immigration

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

NOTIFICATION PROCEDURE:

Inquiries may be addressed to the FOIA/PA Officer at the INS office

where the record is maintained, or to the System Manager or the FOIA/PA

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Officer, at 425 I Street, NW, Washington, DC 20536.

RECORD ACCESS PROCEDURES:

Requests for access to records in this system must be in writing,

and should be addressed to the System Manager or to the FOIA/PA Officer

at the INS office where the record is maintained or (if unknown) to the

FOIA/PA officer at 425 I Street, NW, Washington, DC 20536. Such request

may be submitted either by mail or in person. The envelope and letter

shall be clearly marked ``Privacy Access Request.'' 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)) and

return address for transmitting the records to be released. If known,

the requester should also identify the date or year in which a debt was

incurred, e.g., date of the invoice or purchase order.

CONTESTING RECORD PROCEDURES:

Any individual desiring to contest or amend information maintained

in the system should direct his or her request to the INS System

Manager or the appropriate FOIA/PA officer as indicated under ``Records

Access Procedures.'' 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:

(1) Personnel who handle finance-related activities of the INS,

such as payroll, contracting, purchasing, travel-related payments and

debt collections and (2) the individuals covered by this system of

records.

SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS OF THE ACT:

None.

[FR Doc. 97-12663 Filed 5-13-97; 8:45 am]

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