Privacy Act of 1974; System of Records

DEPARTMENT OF JUSTICE

[AAG/A Order No. 184-99]

Privacy Act of 1974; System of Records

Pursuant to the provisions of the Privacy Act of 1974 (5 U.S.C.

552a), the Immigration and Naturalization Service (INS), Department of

Justice, proposes to establish and publish three new systems of records

for which no public notice consistent with the provisions of 5 U.S.C.

552a(e)(4) have been published. These systems of records are:

The Immigration and Naturalization Service, Attorney/

Representative Complaint/Petition Files, JUSTICE/INS-022

Worksite Enforcement Activity Record and Index (LYNX), JUSTICE/

INS-025 and

Hiring Tracking Systems (HITS), JUSTICE/INS-026

In accordance with 5 U.S.C. 552a(e) (4) and (11), the public is

given a 30-day

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period in which to comment on the new routine uses; 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 January 18, 2000.

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.

Dated: December 6, 1999.

Stephen R. Colgate,

Assistant Attorney General for Administration.

JUSTICE/INS-022

SYSTEM NAME:

Attorney/Representatives Complaint/Petition Files.

SYSTEM LOCATION:

Offices of Regional Counsels of the Immigration and Naturalization

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

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:

Attorneys and authorized representatives for whom the INS has

received complaints regarding their practice before INS and/or the

Executive Office for Immigration Review (EOIR).

CATEGORIES OF RECORDS IN THE SYSTEM:

The system contains records of investigations; State Bar grievance/

discipline proceedings records; criminal conviction records; copies of

petitions (and related attachments) filed with INS and/or EOIR;

communications with the individuals and/or outside agencies;

communications within the agency, court transcripts, complaints filed

by any person or organization and EOIR pleadings.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:

Section 292 of the Immigration and Nationality Act, as amended by 8

U.S.C. 1362 and 8 CFR part 292.

PURPOSE(S):

The records are used by the Office of Appellate Counsel and

Regional and District Counsel offices of INS when appropriate

disciplinary action is necessary against non-agency attorneys and/or

representatives who engage in unethical activities or exhibit

unprofessional behavior. The records document the processing of these

disciplinary actions and are used in their prosecution.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES

OF USERS AND THE PURPOSES OF SUCH USES:

A. To State Bar Grievance Committees and local Attorney General

offices for disbarment or disciplinary proceedings.

B. To the news media and the public pursuant to 28 CFR 50.2 unless

it is determined that release of the scientific information in the

context of a particular case would constitute an unwarranted invasion

of a personal privacy.

C. 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.

D. 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.

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

AND DISPOSING OF RECORDS IN THE SYSTEM:

Paper files are stored in filing cabinets. Computer files are

stored in a data base on magnetic disks.

RETRIEVABILITY:

These records are retrieved by the name of the individual who is

the subject of the disciplinary proceeding.

SAFEGUARDS:

Most 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 identification.

RETENTION AND DISPOSAL:

The following INS proposal for retention and disposal is pending

approval by the NARA. Cases that result in a conviction are maintained

at the Regional Counsel's office having jurisdiction. These records are

destroyed when 25 years old. Cases that result in acquittal are

maintained at the Regional Office for three years and then destroyed.

Relevant records produced via electronic mail and word processing

systems will be generated and placed in the file folder. Once the copy

is made, the system copy can be deleted within 180 days.

SYSTEM MANAGER(S) AND ADDRESS:

The system manager is the Regional Counsel at the regional office

having jurisdiction over the litigation. (See the caption ``System

Locations.'')

notification procedures:

Address inquiries to the Freedom of Information Act/Privacy Act

Officer (FOIA/PA) at the INS office where the record is maintained or

(if unknown) to the FOIA/PA Officer, INS, 425 I Street, NW, Washington,

DC 20536.

RECORD ACCESS PROCEDURES:

In all cases, requests for access to a record shall be in writing.

Written requests may be submitted by mail or in person at any INS

system location (See ``System Location''). If a request for access is

made by mail, the envelope and letter should be clearly marked

``Privacy Access Request.'' To enable INS to identify an individual's

record, he or she must provide his or her full name and a return

address for transmitting the information.

CONTESTING RECORDS PROCEDURES:

Any individual desiring to contest or amend information must direct

his or her request to the system manager noted above. State clearly

what information is being contested; the reason for contesting it; and

the proposed amendment to the information.

RECORDS SOURCE CATEGORIES:

Law enforcement agencies, Federal and State courts, State bar

licensing agencies; State bar grievance agencies, inquiries and/or

complaints from witnesses or members of the general public.

SYSTEM EXEMPTED FROM CERTAIN PROVISIONS OF THE ACT:

The Attorney General has exempted this system from subsections (c)

(3) and (4); (d); (e) (1), (2), (3), (5), and (8); and (g) of the

Privacy Act pursuant to 5 U.S.C. 552a(j)(2). In addition, the Attorney

General has exempted this system from subsections (c)(3), (d), and

(e)(1) of the Privacy Act pursuant to 5 U.S.C. 552a(k)(2). These

exemptions apply only to the extent that information in the system is

subject to exemption pursuant to 5 U.S.C. 552(j)(2) and (k)(2). Rules

have been promulgated in accordance with requirements of 5 U.S.C. 553

(b), (c), and (e) and have been published in the Federal Register as of

this date and proposed as additions to Title 28, Code of Federal

Regulations (28 CFR 16.99).

[[Page 70290]]

JUSTICE/INS-025

SYSTEM NAME:

Worksite Enforcement Activity Record and Index (LYNX)

SYSTEM LOCATION:

Immigration and Naturalization Service (INS) Headquarters,

regional, district and sub-offices as detained in Justice/INS-999.

Currently, only the district and sub-offices maintain the hard copy

case files for this system. The automated index is maintained at

Headquarters and at regional offices. The following field offices have

access to the automated index: New York City, New York; San Diego,

California; and Kansas City, Missouri.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:

This system maintains records on the following:

(a) Individuals that are, or have been, the subject of inquiries or

investigations conducted by the INS related to the enforcement of the

employment control provisions of the Immigration and Nationality Act

and related criminal statutes. (The records primarily involve those

individuals who are being investigated or have been investigated to

determine whether their employment-related activity (e.g., hiring,

recruiting and/or referring for a fee) are in violation of the

employment control provisions of the INS and/or related criminal

statutes.) These records also include individuals who employ others in

their individual capacity whether related to a business activity or

not; and

(b) Individuals who are witnesses, complainants and parties who

have been identified by the INS or by other government agencies or

parties to an investigation related to worksite enforcement activities.

CATEGORIES OF RECORDS IN THE SYSTEM:

Information relating to investigative actions including: letters;

memoranda; reports of investigations with related exhibits; statements,

affidavits or records obtained during investigations; prior criminal or

non-criminal records of individuals as they relate to the

investigations; reports to or from other law enforcement bodies;

information obtained from informants; nature of allegations made

against suspects and identifying data concerning such subjects; and

related documents.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:

Secs. 103, 274, 274a, 287 and 290 of the Immigration and

Nationality Act (INA), as amended (8 U.S.C. 1103, 1324, 1324a, 1357 and

1360), and regulations pursuant thereto.

PURPOSES:

The purpose of this system is to enable the INS to meet its

obligations and responsibilities in administering and enforcing the

employment control provisions of the INA and related criminal statutes.

Records in this system are used in the course of INS investigating

individuals (i.e., employers and/or employees) suspected of having

committed illegal acts and/or in the course of conducting related civil

proceedings, criminal prosecutions or administrative actions. Further,

the system is used to monitor case assignment, disposition, status and

the final outcome of the investigation.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES

OF USERS AND THE PURPOSE OF SUCH USE:

A. 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.

B. 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.

C. To the General Services Administration and National Archives and

Records Administration in record management inspections conducted under

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

D. To complainants and/or victims to the extent necessary to

provide such persons with information and explanations concerning the

progress and/or results of the investigation or case arising from the

matters of which they complained and/or of which they were a victim.

E. In the event that records indicate a violation or potential

violation of law, whether arising by general statute, or particular

program statute, or by rule, regulation, or order pursuant thereto, or

if records indicate a violation or potential violation of the terms of

a contract or grant, the relevant records may be disclosed to the

appropriate requesting agency, whether Federal, State, local, foreign,

international, or tribal charged with the responsibility of

investigating or prosecuting such contract or grant.

F. To either a Federal, State, local, foreign, international, or

tribal agency, and individual, or an organization, when necessary to

elicit information which may assist an INS investigation, inspection or

audit.

G. To an administrative forum or other adjudicatory or regulatory

requesting agencies, when necessary for such a body to adjudicate

decisions affecting individuals that are subject to investigations

covered by this system.

H. 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 relevant

to the litigation: (1) The DOJ, or any DOJ component, or any

subdivision thereof; (2) and DOJ employee in his or her official

capacity; (3) any DOJ employee in his or her individual capacity where

the DOJ has agreed to represent the employee; (4) the United States,

where INS or the DOJ determines that the litigation is likely to affect

it or any of its subdivisions.

I. To an attorney or representative (as defined in CFR 1.1(j)) who

is acting on behalf of an individual covered by this system of records

in connection with any proceeding before the INS or the Executive

Office for Immigration Review.

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

AND DISPOSING OF RECORDS IN THE SYSTEM:

STORAGE:

Paper records are stored in lockable file cabinets. Those records

which can be accessed electronically are stored on magnetic disk and

tape.

RETRIEVABILITY:

Records may be retrieved by name and/or case 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 looked outside of normal office hours. Many

records are stored in cabinets which are locked outside of normal

office hours. Access to the automated system is controlled by

restricted password for use of remote terminals in secured areas.

RETENTION AND DISPOSAL:

Records concerning fines and/or prosecutions are retained for up to

25 years after the case is closed and then destroyed. Administrative

cases involving compliance and warning notices are retained for up to

seven years and then destroyed.

SYSTEM MANAGER(S) AND ADDRESS:

The system manager is the Executive Associate Commissioner for

Policy and

[[Page 70291]]

Planning, Immigration and Naturalization Service, 425 I Street NW,

Washington, DC 20536.

NOTIFICATION PROCEDURES:

Portions of this system are exempted from this requirement under 5

U.S.C. 552a(k)(2). Inquires should be addressed to the system manager

listed above or to the FOIA/PA Officer at the INS office where the

record is located.

RECORD ACCESS PROCEDURES:

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 Access Request.'' The

requester shall include a description of the general subject matter and

if known, the related file number. To identify a record relating to an

individual, the requester should provide his or her full name, date and

place of birth, verification of identity (in accordance with 8 CFR

103.2(b)), and any other identifying information 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 RECORD PROCEDURES:

Any individual desiring to contest or amend information maintained

in this record should direct his or her request to the INS office where

the record is maintained or if unknown to the INS FOIA/PA Officer at

425 I Street NW, Washington, DC 20536. The request should clearly and

concisely state the information being contested, the reason(s) for

contesting it, and the proposed amendment thereof. Clearly, mark the

envelope ``Privacy Act Amendment Request.''

RECORD SOURCE CATEGORIES:

Official reports of investigations; subjects of the investigations;

individuals with whom the subject are associated; witnesses; officials

of Federal, State, local and foreign law enforcement agencies; private

citizens; and informants.

SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS OF THE ACT:

The Attorney General has exempted portions of this system from

subsections (c)(3) and (4); (d); (e)(1), (2), (3), (5), and (8); and

(g) of the Privacy Act pursuant to 5 U.S.C. 552a(j)(2). In addition,

the Attorney General has exempted portions of this system from

subsections (c)(3), (d), and (e)(1) of the Privacy Act pursuant to 5

U.S.C. 552a(k)(2). These exemptions apply only to the extent that

information in the system is subject to exemption pursuant to 5 U.S.C.

552a(j)(2) and (k)(2). Rules have been promulgated in accordance with

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

published as of this date in the Federal Register and proposed as

additions to Title 28, Code of Federal Regulations (28 CFR 16.99).

JUSTICE/INS-026

SYSTEM NAME:

Hiring Tracking System (HITS).

SYSTEM LOCATION:

Headquarters, Regional and field offices, and other INS 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:

Individuals seeking employment and/or movement to a different,

vacant position within the INS.

CATEGORIES OF RECORDS IN THE SYSTEM:

The system contains vacant and filled position data from the

Position Tracking System (POSTS) such as the position number,

Administrative Center location, budget location, region, program code,

project code, position category code, position title, occupational

series, officer/support indicator, target grade, and pay plan. It also

contains selectee specific data such as the selectee's name, social

security number, and dates for the achievement of pre-employment

processing milestones (e.g. date request to recruit received in Human

Resources Office, dates announcement opens and closes, date of

selection, and date scheduled for entrance on duty, etc.).

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:

Authority for maintenance of the system includes the following with

any revisions or amendments: 5 U.S.C. 1302, 3301, 3302, 3304, 3305,

3306, 3307, 3309, 3313, 3317, 3318, 3319, 3326, 4103, 4723, 5532, 5533,

and Executive Order 9397.

PURPOSE(S):

The purpose of the system is to provide a tool for monitoring INS'

efforts to fill vacant positions.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES

OF USERS AND THE PURPOSES OF SUCH USES:

A. 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.

B. 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.

C. 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.

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

AND DISPOSING OF RECORDS IN THE SYSTEM:

STORAGE:

Those records, which can be accessed electronically, are stored in

a database on magnetic disk and tape. Paper records are stored in file

folders and safes.

RETRIEVABILITY:

Records are indexed and retrievable by name, social security

number, position number, and SF-52 number. (Data is also retrieved by

employee, position, and recruitment specific information.)

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 located outside of normal office hours.

Access to the automated system is controlled by restricted password for

use of remote terminals in secured areas.

RETENTION AND DISPOSAL:

Records are maintained in accordance with the General Records

Schedule (GRS) 1: 1/a, 4/a, 16, 36/b/e, and 43.

SYSTEM MANAGER(S) AND ADDRESS:

Chief, Automation and Progress Evaluation, Human Resources

Development, Immigration and Naturalization Service, 800 K Street NW,

Suite 5000, Washington, DC 20536.

NOTIFICATION PROCEDURE:

Inquires should be addressed to the system manager.

RECORD ACCESS PROCEDURES:

Requests by the public 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 a description of the general subject matter

and, if known, the related file number. To identify a record relating

to an individual, the requester should provide his or her full name,

date, and place of birth, verification of identity (in accordance with

8 CFR 103.2(b)), and

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any other identifying information which may be of assistance in

locating the record. The requester shall also provide a return address

for transmitting the records to be released.

CONTESTING RECORD PROCEDURES:

Any individual desiring to contest or amend information maintained

in this record should direct his or her request to the INS Personnel

office where the record is maintained or, if unknown, to the INS FOIA/

PA Office at 425 I Street NW, Washington DC 20536. 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 supplied from the

POSTS and basic recruitment information from Form SF-52. Other

information comes from sworn statements, and official reports.

RECORDS EXEMPTED FROM CERTAIN PROVISIONS OF THE ACT:

None.

[FR Doc. 99-32616 Filed 12-15-99; 8:45 am]

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