10582 Federal Register / Vol. 62, No. 45 / Friday, March 7, 1997 / Notices

SYSTEM MANAGER(S) AND ADDRESS:

Director, Office of Internal Audit,

Immigration and Naturalization Service,

425 I Street, NW Washington, DC 20536.

NOTIFICATION PROCEDURE:

Inquiries should be addressed to the

system manager noted above or to the

FOIA/PA Officer at the INS office where

the record is maintained or the FOIA/

PA Officer at 425 I Street NW,

Washington, DC, 20536.

RECORD ACCESS PROCEDURE:

The major part of this system is

exempted from this requirement

pursuant to 5 U.S.C. 552a(j)(2) and

(k)(2). To the extent that this system of

records is not subject to exemption, it is

subject to access. A determination as to

the granting or denial of access shall be

made at the time a request is received.

Requests for access to records in this

system shall be in writing, and should

be addressed to the System Manager or

the appropriate FOIA/PA Officer. Such

request may be submitted either by mail

or in person. If a request for access is

made in writing, 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 103.21(b)), and

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:

The major part of this system is

exempted from this requirement

pursuant to 5 U.S.C. 552a(j)(2) and

(k)(2). To the extent that this system of

records is not subject to exemption, it is

subject to access and contest. A

determination as to the granting or

denial of a request shall be made at the

time a request is received. An

individual desiring to request

amendment of records maintained in

the system should direct his or her

request to the System Manager or the

appropriate FOIA/PA officer at 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 state

clearly what information is being

contested, the reasons for contesting it,

and the proposed amendment to the

information.

RECORD SOURCE CATEGORIES:

The subjects of investigations;

individuals with whom the subjects of

investigations are associated; current

and former INS officers and employees;

officials of Federal, State, local and

foreign law enforcement and non-law

enforcement agencies; private citizens,

witnesses; confidential and

nonconfidential informants; and public

source materials.

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 system

has been exempted from subsections

(c)(3); (d) and (e)(1) pursuant to 5 U.S.C.

552a(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 in the

Federal Register as additions to Title

28, Code of Federal Regulations (28 CFR

16.99).

[FR Doc. 97–5664 Filed 3–6–97; 8:45 am]

BILLING CODE 4410–10–M

[AAG/A Order No. 129–97]

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

which was previously published on

April 8, 1996, (61 FR 15518): The

Immigration and Naturalization Service

(INS) Alien File (A-File) and Central

Index System (CIS), Justice/INS–001A.

Specifically, INS is adding a new

routine use disclosure identified as

routine use Q.

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 April 7, 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, D.C. 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: February 13, 1997.

Stephen R. Colgate,

Assistant Attorney General for

Administration.

JUSTICE/INS–001A

SYSTEM NAME:

The Immigration and Naturalization

Service (INS) Alien File (A-File) and

Central Index System (CIS).

SYSTEM LOCATION:

Headquarters, Regional, District, and

other INS file control offices in the

United States and foreign countries 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.

CATEGORIES OF INDIVIDUALS COVERED BY THE

SYSTEM:

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.

CATEGORIES OF RECORDS IN THE SYSTEM;

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 ‘‘Afile.’’ 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.

AUTHORITY FOR MAINTENANCE OF RECORDS:

Sections 103 and 290 of the

Immigration and Nationality Act, as

amended (18 U.S.C. 1103 and 8 U.S.C.

1360), and the regulations pursuant

thereto.
Federal Register / Vol. 62, No. 45 / Friday, March 7, 1997 / Notices 10583

PURPOSE:

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.

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 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 with 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.

P. To an obligor, any information

which may aid the obligor in locating an

individual for purposes of appearing at

a deportation hearing, exclusion or

other similar proceeding, and for whom

the obligor had posted an immigration

bond in an effort to secure such

appearance by such individual.

Q. To an official coroner for purposes

of affirmatively identifying a deceased

individual (whether or not such

individual is deceased as a result of a

crime).

POLICIES AND PRACTICES FOR STORING,

RETRIEVING, ACCESSING, RETAINING, AND

DISPOSING OF RECORDS IN THE SYSTEM:

STORAGE:

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.

RETRIEVABILITY:

These records are indexed and

retrieved by A-file or C-file number,

name, and/or date of birth.

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 during non-duty office hours.

Many records are stored in cabinets or

machines which are also locked during

non-duty office hours. Access to
10584 Federal Register / Vol. 62, No. 45 / Friday, March 7, 1997 / Notices

automated records is controlled by

passwords and name identifications.

RETENTION AND DISPOSAL:

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.

SYSTEM MANAGER(S) AND ADDRESS:

The Servicewide system manager is

the Assistant Commissioner, Office of

Records, Office of Examinations,

Immigration and Naturalization Service,

425 I Street NW., Washington, DC

20536.

NOTIFICATION PROCEDURE:

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.

RECORD ACCESS PROCEDURE:

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.

CONTESTING RECORDS PROCEDURES:

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

envelope ‘‘Privacy Act Request.’’ The

record must be identified in the same

manner as described for making a

request for access.

RECORD SOURCE CATEGORIES:

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.

SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS

OF THE ACT:

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. 552 (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. 97–5665 Filed 3–6–97; 8:45 am]

BILLING CODE 4410–10–M

Antitrust Division

Notice Pursuant to the National

Cooperative Research and Production

Act of 1993—Commercenet

Consortium

Notice is hereby given that, on

December 16, 1996, pursuant to Section

6(a) of the National Cooperative

Research and Production Act of 1993,

15 U.S.C. 4301 et seq. (‘‘the Act’’),

CommerceNet Consortium,

(‘‘CommerceNet’’) has filed written

notifications simultaneously with the

Attorney General and the Federal Trade

Commission disclosing certain changes

in its membership. The notifications

were filed for the purpose of extending

the Act’s provisions limiting the

recovery of antitrust plaintiffs to actual

damages under specified circumstances.

Specifically, the following

organizations have joined CommerceNet

as Associate Members: Balcom Systems

Technology, Santa Clara, CA; BaseX

Systems, Inc., Dallas, TX; Identicator,

San Bruno, CA; Isadra, Inc., Palo Alto,

CA; Korea Information &

Communications Co., Seoul, KOREA;

SpaceWorks, Inc., Rockville, MD; TEN–

IO, Campbell, CA; TIAA–CREF, New

York, NY; and YY Software Corporation,

Palo Alto, CA.

No other changes have been made in

either the membership or planned

activities of CommerceNet. Membership

remains open and CommerceNet

intends to file additional written

notifications disclosing all changes in

membership.

On June 13, 1994, CommerceNet filed

its original notification pursuant to

§ 6(a) of the Act. The Department of

Justice published a notice in the Federal

Register pursuant to § 6(b) of the Act on

August 31, 1994 (59 FR 45012).

The last notification was filed with

the Department on November 15, 1996.

A notice was published in the Federal

Register on January 2, 1997 (62 FR 106).

Constance K. Robinson

Director of Operations, Antitrust Division.

[FR Doc. 97–5597 Filed 3–6–97; 8:45 am]

BILLING CODE 4410–11–M

Notice Pursuant to the National

Cooperative Research and Production

Act of 1993 Consortium for Plasma

Science, LLC

Notice is hereby given that, on

February 5, 1997, pursuant to Section

6(a) of the National Cooperative

Research and Production Act of 1993,

15 U.S.C. 4301 et seq. (‘‘the Act’’), the

Consortium for Plasma Science, LLC has

filed written notifications

simultaneously with the Attorney

General and the Federal Trade

Commission disclosing (1) the identities

of the parties and (2) the nature and

objective of the venture. The

notifications were filed for the purpose

of invoking the Act’s provisions limiting

the recovery of antitrust plaintiffs to

actual damages under specified

circumstances. Pursuant to Section 6(b)

of the Act, the identities of the parties

are Alpha Therapeutic Corporation, Los

Angeles, CA; Baxter Healthcare

Corporation, Deerfield, IL; Bayer

Corporation, West Haven CN; Centeon

L.L.C., King of Prussia, PA; and NABI,

Boca Raton, CA. The general area of

planned activity is to develop, promote

and conduct research and development

to address improvements in safety in

blood plasma and blood plasma

products.

Constance K. Robinson,

Director of Operations Antitrust Division.

[FR Doc. 97–5596 Filed 3–6–97; 8:45 am]

BILLING CODE 4410–11–M

Notice Pursuant to the National

Cooperative Research and Production

Act of 1993—The Frame Relay Forum

Notice is hereby given that, on

December 26, 1996, pursuant to section

6(a) of the National Cooperative

Research and Production Act of 1993,