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to themselves and request correction of those records. The regulations also set forth the requirements applicable to Service employees maintaining, collecting, using or disseminating such records.

(b) The Associate Commissioner, Management, shall provide that the provisions of 88 103.20 through 103.36 of this chapter and 28 CFR 16.40 through 16.56, and any revisions thereof, shall be brought to the attention of and made available to:

(1) Each employee at the time of issuance of the aforesaid regulations and any amendment thereto; and

(2) Each new employee at the time of employment.

(c) The Associate Commissioner, Management, shall be responsible for insuring that employees of the Service are trained in the obligations imposed by the Privacy Act of 1974 and by these regulations.

§ 103.21 Access by individuals to records

maintained about them. (a) Access to available records. An individual seeking access to records about himself in a system of records, which have not been exempted from access pursuant to the Privacy Act of 1974, shall present his request in person or in writing to the manager of the particular system of records to which he seeks access. Systems managers are identified in the “Notice of Systems of Records” published by the National Archives and Records Service, General Services Administration. Access to records in multiple systems of records shall be addressed to the Office of the Associate Commissioner, Management, which shall assist the requester in identifying his request more precisely and shall be responsible for forwarding the request to the appropriate system managers. The use of Form G-657, Privacy Act Information Request, is recommended for rapid identification and to insure expeditious handling.

(b) Verification of identity. The following standards are applicable to any individual who requests records concerning himself, unless other provisions for identity verification are specified in the published notice per

taining to the particular system of records.

(1) An individual seeking access to records about himself in person shall establish his identity by the presentation of a single document bearing a photograph (such as a passport, alien registration receipt card or identifica. tion badge) or by the presentation of two items of identification which do not bear a photograph but do bear both a name and address (such as a driver's license, or credit card).

(2) An individual seeking access to records about himself by mail shall establish his identity by a signature, address, date of birth, place of birth, alien or employee identification number, if any, and one other identifier such as a photocopy of an identifying document.

(3) An individual seeking access to records about himself by mail or in person who cannot provide the necessary documentation of identification may provide a notarized statement swearing or affirming to his identity and to the fact that he understands the penalties for false statements pursuant to 18 U.S.C. 1001. Form G-652, affidavit of Identity, may be obtained on request from the office of the system manager of a system of records at a system location listed in the “Notice of Systems of Records” published in the FEDERAL REGISTER.

(c) Verification of guardianship. The parent or guardian of a child or of a person judicially determined to be incompetent and seeking to act on behalf of such child or incompetent, shall, in addition to establishing his own identity, establish the identity of the child or other person he represents as required in paragraph (b) of this section, and establish his own parentage or guardianship of the subject of the record by furnishing either a copy of a birth certificate showing parentage or a court order establishing the guardianship.

(d) Accompanying persons. An individual seeking to review records pertaining to himself may be accompanied by another individual of his own choosing. Both the individual seeking access and the individual accompany. ing him shall be required to sign the required form indicating that the Ser.

vice is authorized to discuss the contents of the subject record in the presence of both individuals.

(e) Specification of records sought. Requests for access to records, either in person or by mail, shall describe the nature of the records sought, the approximate dates covered by the record, the system in which it is thought to be included as described in the “Notice of Systems of Records" published in the FEDERAL REGISTER, and the identity of the individual or office of the Service having custody of the system of records. In addition, the published Notice of Systems of Records” for individual systems may include further requirements of specification, where necessary, to retrieve the individual record from the system. (40 FR 44481, Sept. 26, 1975; 40 FR 46092, Oct. 6, 1975, as amended at 42 FR 33025, June 29, 1977)

has been reviewed and continues to warrant classification; and that it has been exempted from access pursuant to 5 U.S.C. 552a(k)(1). Information which has been exempted pursuant to 5 U.S.C. 552a(j) and which is also classified shall be reviewed as required by this paragraph but the response to the individual shall be in the form prescribed by paragraph (a) of this section.

(2) Requests for information which has been exempted from disclosure pursuant to 5 U.S.C. 552a(k)(2) shall be responded to in the manner provided in paragraph (a) of this section unless a review of the information indicates that the information has been used or is being used to deny the individual any right, privilege or benefit for which he is eligible or to which he would otherwise be entitled under Federal law. In that event, the individual shall be advised of the existence of the record and shall be provided the information except to the extent it would identify a confidential source. If and only if information identifying a confidential source can be deleted or the pertinent parts of the record summarized in a manner which protects the identity of the confidential source, the document with deletions made or the summary shall be furnished to the requester.

(3) Information compiled as part of an employee background investigation which has been exempted pursuant to 5 U.S.C. 552a(k)(5) shall be made available to an individual upon request except to the extent that it identifies a confidential source. If and only if information identifying a confidential source can be deleted or the pertinent parts of the record summarized in a manner which protects the identity of the confidential source, the document with deletions made or the summary shall be furnished to the requester.

(4) Testing or examination material which has been exempted pursuant to 5 U.S.C. 552a(k)(6) shall not be made available to an individual if disclosure would compromise the objectivity or fairness of the testing or examination process but shall be made available if no such compromise possibility exists.

(5) The Service records which are exempted and the reasons for the ex

§ 103.22 Records exempt in whole or in

part. (a) When an individual requests records about himself which have been exempted from individual access pursuant to 5 U.S.C. 552a(j) or (k)(3) or (k)(4) or which have been compiled in reasonable anticipation of civil action or proceeding either in a court or before an administrative tribunal, the Service will neither confirm nor deny the existence of the record but shall advise the individual only that there is no record which is available to him pursuant to the Privacy Act of 1974.

(b) Individual requests for access to records which have been exempted from access pursuant to 5 U.S.C. 552a(k) shall be processed as follows:

(1) Requests for information classified by the Service pursuant to Executive Order 11652 require the Service to review the information to determine whether it continues to warrant classification under the criteria of sections 1 and 5 (B), (C), (D), and (E) of the Executive Order. Information which no longer warrants classification under these criteria shall be declassified and made available to the individual, if not otherwise exempt. If the information continues to warrant classification, the individual shall be advised that the information sought is classified; that it

a

emptions are enumerated in 28 CFR 16.99.

quests for accounting shall be directed to the appropriate system manager listed in the “Notice of Systems of Re. cords". Any available accounting, whether kept in accordance with the requirements of the Privacy Act or under procedures established prior to September 27, 1975, shall be made available to the individual except that an accounting need not be made available if it relates to: (a) A disclosure with respect to which no accounting need be kept (see § 103.30(c) of this part); (b) A disclosure made to a law enforcement agency pursuant to 5 U.S.C. 552a(b)(7); (c) An accounting which has been exempted from disclosure pursuant to 5 U.S.C. 552a (j) or (k).

§ 103.23 Special access procedures.

(a) Records of other agencies. When information sought from a system of records of the Service includes information:

(1) That has been classified pursuant to Executive Order 11652, the request shall be referred to the appropriate classifying authority pursuant to 28 CFR 17.61 and the individual requesting the record shall be so advised unless the record is also exempt from disclosure pursuant to 5 U.S.C. 552a (j) or (k);

(2) That has been furnished by another component of the Department of Justice, the request shall be referred to the component originating the information for a decision as to access or correction;

(3) That has been furnished by another agency, the Service shall consult the other agency before granting access or making a correction and may refer the request to the other agency if re ral will provide more expeditious access or correction, but the requester shall be notified of the referral.

(b) Medical records. When an individual requests medical records concerning himself, which are not otherwise exempt from disclosure, the system manager shall, if deemed necessary, advise the individual that records will be provided only to a physician designated in riting by the individual. Upon receipt of the designation, the system manager will permit the physician to review the records or to receive copies of the records by mail, upon proper verification of identity. The determination of which records should be made available directly to the individual and which records should not be disclosed because of possible harm to the individual shall be made by the physician. § 103.24 Requests for accounting of record

disclosure. At the time of his request for access or correction or at any other time, an individual may request an accounting of disclosures made of his record outside the Department of Justice. Re

§ 103.25 Notice of access decisions; time

limits. (a) Responsibility for notice. The system manager of the system from which information is sought or his delegate has responsibility for determining whether access to records is avail. able under the Privacy Act and for notifying the individual of that determi. nation in accordance with these regulations. If access is denied because of an exemption, the responsible person shall notify the individual that he may appeal that determination to the Deputy Attorney General within thirty working days of the receipt of the determination.

(b) Time limits for access determinations. The time limits provided by 28 CFR 16.45 shall be applicable to requests for access to information pursuant to the Privacy Act of 1974.

§ 103.26 Fees for copies of records.

The fees charged by the Service under the Privacy Act shall be those specified in 28 CFR 16.46. Remittances shall be made in accordance with § 103.7(a) of this part.

§ 103.27 Appeals from denials of access.

An individual who has been denied access by the Service to the records concerning him may appeal that deci. sion in the manner prescribed in 28 CFR 16.47.

§ 103.28 Requests for correction of re- be appealed as provided in 28 CFR cords.

16.48. (a) How made. Unless a record is (d) Appeal determinations. 28 CFR exempted from correction, an individ- 16.48 provides for appeal determinaual may request amendment or correc

tions. tion of a record concerning him by ad

(e) Statements of disagreement. dressing his request to the system Statements of disagreement may be manager of the system in which the furnished by the individual in the record is maintained either in person manner prescribed in 28 CFR 16.48. or by mail, his identity to be estab- (f) Notices of correction or disagreelished as provided in § 103.21 of this ment. When a record has been correctpart. The request must indicate the ed, the system manager shall, within particular record involved, the nature thirty working days thereof, advise all of the correction sought, and the justi- prior recipients of the record whose fication for the correction or amend- identity can be determined pursuant ment. Requests made by mail should to the accounting required by the Pribe addressed to the system manager at vacy Act or any other accounting prethe address specified in the “Notice of viously made, of the correction. Any Systems of Records” published by the dissemination of a record after the General Services Administration and filing of a statement of disagreement shall be clearly marked on the request shall be accompanied by a copy of that and on the envelope “Privacy Correc- statement. Any statement of the Sertion Request.” Where the individual vice giving reasons for refusing to corcannot determine the precise system rect shall be included in the file. manager or believes that the same record appears in more than one § 103.29 Records not subject to correction. system, he may address his request to

The following records are not subthe office of the Associate Commis

ject to correction or amendment by insioner, Management, Immigration and

dividuals: Naturalization Service, 425 I Street NW., Washington, D.C. 20536, which

(a) Transcripts or written state

ments made under oath; shall assist him in identifying the system or systems in which the record

(b) Transcripts of Grand Jury Prois located.

ceedings, judicial or quasi-judicial pro

the

ceedings which form (b) Initial determination. Within 10

official working days of the receipt of the re

record of those proceedings; quest, the appropriate Service official

(c) Pre-sentence reports comprising shall advise the individual that his re

the property of the courts but mainquest has been received. If the record

tained in Service files; and is to be amended or corrected, the

(d) Records duly exempted from corsystem manager may so advise the in- rection by notice published in the FEDdividual but if correction is refused, in

ERAL REGISTER. whole or in part, it must be done by the head of the component in which

$ 103.30 Accounting for disclosures. the record is located, or his designee. (a) As accounting of each disclosure If a correction is to be made, the indi- of information for which accounting is vidual shall be advised of his right to required (see 8 103.24 of this part) obtain a copy of the corrected record shall be attached to the relating upon payment of the standard fee, es- record. A copy of Form G-657, “Privatablished in 28 CFR 16.46. If a correc- cy Act Information Request,” Form tion or amendment is refused, in G-658, “Record of Information Disclowhole or in part, the individual shall sure (Privacy Act),” or other disclobe so advised, shall be given reasons sure document shall be used for this for the refusal, and shall be advised of accounting. The system manager shall his right to appeal to the Deputy At- advise individuals, promptly upon retorney General in accordance with the quest as described in § 103.24, of the procedures set forth in 28 CFR 16.48. persons or agencies outside the De

(c) Appeals. A refusal, in whole or in partment of Justice to which records part, to amend or correct a record may concerning them have been disclosed.

(b) Accounting records, at a minimum, shall include the identification of the particular record disclosed, the name and address of the person or agency to which disclosed, and the date of the disclosure. Accounting records shall be maintained for at least 5 years, or until the record is destroyed or transferred to the Archives, whichever is later.

(c) Accounting is not required to be kept for disclosures made within the Department of Justice or disclosures made pursuant to the Freedom of Information Act. (40 FR 44481, Sept. 26, 1975, as amended at 42 FR 33025, June 29, 1977)

the officer who made or authorized the disclosure. 8 103.32 Information forms.

(a) Review of forms. The Service shall be responsible for the review of forms it uses to collect information from and about individuals.

(b) Scope of review. The Service Forms Control Unit shall review each form to assure that it complies with the requirements of 28 CFR 16.52. § 103.33 Contracting record systems.

Any contract by the Service for the operation of a record system shall be in compliance with 28 CFR 16.53. $ 103.34 Security of records systems.

The security of records systems shall be in accordance with 28 CFR 16.54.

§ 103.35 Use and collection of Social Secu.

rity numbers. The use and collection of Social Security numbers shall be in accordance with 28 CFR 16.55.

§ 103.36 Employee standards of conduct

with regard to privacy. Service employee standards of conduct with regard to privacy shall be in compliance with 28 CFR 16.56.

PART 108- ASYLUM

103.31 Notices of subpoenas and emer

gency disclosures. (a) Subpoenas. When records concerning an individual are subpoenaed by a Grand Jury, court, or a quasijudicial agency, the official served with the subpoena shall be responsible for assuring that notice of its issuance is provided to the individual. Notice shall be provided within 10 days of the service of the subpoena or, in the case of a Grand Jury subpoena, within 10 days of its becoming a matter of public record. Notice shall be mailed to the last known address of the individual and shall contain the following information: the date the subpoena is returnable, the court in which it is returnable, the name and number of the case or proceeding, and the nature of the information sought. Notice of the issuance of subpoenas is not required if the system of records has been exempted from the notice requirement pursuant to 5 U.S.C. 552a(j), by a Notice of Exemption published in the FEDERAL REGISTER.

(b) Emergency disclosures. If information concerning an individual has been disclosed to any person under compelling circumstances affecting health or safety, the individual shall be notified at his last known address within 10 working days of the disclosure. Notification shall include the following information: the nature of the information disclosed, the person or agency to whom it was disclosed, the date of the disclosure, and the compelling circumstances justifying the disclosure. Notification shall be given by

Sec. 108.1 Application. 108.2 Decision.

$ 108.1 Application.

An application for asylum by an alien who is seeking admission to the United States at a land border port or preclearance station shall be referred to the nearest American consul. An application for asylum by any other alien who is within the United States or who is applying for admission to the United States at an airport or seaport of entry shall be submitted on Form 1-589 to the district director having jurisdiction over his place of residence in the United States or over the port of entry. The applicant's accompanying spouse and unmarried children under the age of 18 years may be included in the application.

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