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[Federal Register: January 22, 2001 (Volume 66, Number 14)]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
DEPARTMENT OF JUSTICE
[AAG/A Order No. 216-2001]
Privacy Act of 1974; System of Records
Pursuant to the provisions of the Privacy Act of 1974 (5 U.S.C.
552a), notice is hereby given that the Department of Justice proposes
to establish a new system of records to be maintained by the
Immigration and Naturalization Service (INS).
The I-551 Renewal Program Temporary Sticker Issuance I-90 Manifest
System (SIIMS), JUSTICE/INS-033, is a new system of records for which
no public notice consistent with the provisions of 5 U.S.C. 552a(e)(4)
and (11) has been published.
In accordance with 5 U.S.C. 552a(e) and (11), the public is given a
30-day period in which to comment on proposed 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. OMB, the Congress, and the public,
are invited to send written comments to Mary Cahill, Management
Analyst, Management and Planning Staff, Justice Management Division,
Department of Justice, Washington, DC 20530 (Room 1400, National Place
In accordance with 5 U.S.C. 552a, the Department has provided a
report to OMB and the Congress.
Dated: January 8, 2001.
Stephen R. Colgate,
Assistant Attorney General for Administration.
I--551 Renewal Program Temporary Sticker Issuance I-90 Manifest
Immigration and Naturalization Service (INS) Headquarters, Service
Centers, District Offices, sub-offices, and Ports of Entry, as detailed
in JUSTICE/INS-999, published April 13, 1999 (64 FR 18052).
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Individuals who are: covered by provisions of the Immigration and
Nationality Act of the United States; have been lawfully admitted
permanent residents for at least ten years; and are in possession of an
expiring or expired Form I-551 (Permanent Resident Card, previously
known as the Alien Registration Card), and have properly filed a Form
I-90 (Application to Replace Alien Registration Card), with appropriate
fee, for renewal of this expiring/expired I-551, at the District or
CATEGORIES OF RECORDS IN THE SYSTEM:
Records from this system are in automated and paper form. The
records identify the sticker number applied to the back of the I-551
after an I-90 application and fee has been accepted. The system also
includes the alien number and name of the applicant; the type and
amount of fee remittance accepted; the location where the application
was accepted; the date of the application; and the identification of
the individual issuing the sticker.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
8 U.S.C. Sections 1103, 1154, 1304, 1305, and 1360.
The system enables INS to track the issuance of the stickers, and
provides for accountability and control of specific sticker issuance.
In some instances, field inquiries of the system also will enable INS
to determine if a particular sticker was properly issued and/or is a
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. To Federal, State, tribal, and local government law enforcement
and regulatory agencies, foreign governments, and individuals and
organizations during the course of investigation in the processing of a
matter, or 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.
B. To a Federal, State, tribal, 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
C. To either a party or the tribunal in a proceeding before a court
or other 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 relevant to the litigation: (1)
The DOJ, or any DOJ component, or any subdivision thereof; (2) any 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 or has authorized a private attorney to represent him or her;
and (4) the United States, where the INS or the DOJ determines that the
litigation is likely to affect it or any of its subdivisions.
D. 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.
E. To a Federal, State, local, tribal, 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
F. 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.
G. 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.
H. 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.
I. To an attorney or representative acting on behalf an individual
covered by this system of records in connection with any proceeding
before the INS or the Executive Office for Immigration Review.
J. 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
K. Pursuant to subsection (b)(3) of the Privacy Act, the Department
of Justice 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
POLICIES AND PRACTICES OF STORING, RETRIEVING, ACCESSING, RETAINING AND
DISPOSING OF RECORDS IN THE SYSTEM STORAGE:
Information will be stored on magnetic disks and/or tape in INS
Headquarters. Paper records will be stored in INS offices, file
drawers, and/or filing cabinets.
Information will be retrievable by sticker number. Other specific
information reports may be generated for quality control and
purposes. The reports can be retrieved by date, location, issuing
agent, and/or alien number.
Most INS offices are located in buildings under security guard,
with access limited to INS and other Federal Government employees and
authorized visitors. 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.
RETENTION AND DISPOSAL:
The sticker issuance data in the electronic tracking system is
maintained for three years and then destroyed. The sticker issuance in
manifest form is downloaded from the electronic system and maintained
in case of inquiries. It is maintained for three years and then
destroyed. The Form I-90 applications are mailed to the Service Centers
where they are placed in application receipt files, maintained for ten
years, and then destroyed. If a Form I-90 application is denied, it is
placed in the alien file. NOTE: Alien files and the Central Index
System (CIS) contain all relevant information pertaining to the
permanent resident status of the applicant and are maintained for 75
SYSTEM MANAGER AND ADDRESS:
Associate Commissioner, Field Services Operation, Immigration
Services Division, Immigration and Naturalization Service, 801 I Street
NW, Room 900, Washington, DC 20536.
Any inquiries regarding specific sticker issuance information
contained in this system should be addressed in writing to the System
Manager listed above or to the Freedom of Information Act/Privacy Act
(FOIA/PA) officer where the record is located (See System Location).
RECORD ACCESS PROCEDURE:
Requests for access to a record from this system shall be in
writing. Clearly mark the envelope and letter ``Privacy Act Request.''
The requester shall provide his or her full name, the sticker issuance
number, the general nature of the inquiry, and if possible the date
that the application was filed at the INS office and the location of
the INS office where the application was accepted. The requester also
shall provide date and place of birth, verification of identity [in
accordance with 8 CFR 103.21(b) or a sworn statement under penalty of
perjury], his or her notarized signature, and any other information
that may assist in identifying and locating the record. The requester
also should provide a return address for transmitting the record(s) to
CONTESTING RECORDS PROCEDURE:
Direct all requests to contest or amend information to the System
Manager or FOIA/PA officer as indicated above. State clearly and
concisely the information being contested, the reason for contesting
it, and the proposed amendment thereof. Clearly mark the envelope
``Privacy Act Amendment Request.'' The record must be identified in the
same manner as described for making a request for record access (see
above). To facilitate the expeditious handling of the amendment
request, include a copy of the response received to the Privacy Act
RECORD SOURCE CATEGORIES:
Information contained in this system of records is obtained from
the applicant during the issuance of an I-551 extension after an
applicant has filed an I-90 to renew and expiring/expired I-551 in his
or her possession.
SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS OF THE ACT:
[FR Doc. 01-1741 Filed 1-19-01; 8:45 am]
BILLING CODE 4410-10-M
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