Privacy Act of 1974; Modified System of Records

DEPARTMENT OF JUSTICE

[AAG/A Order No. 117-96]

Privacy Act of 1974; Modified System of Records

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

552a), notice is given that the Department of Justice proposes to

modify a system of records. Specifically:

The ``Priority Automated Commuter Entry System (PACES), Justice/

INS-017'' (last published on June 11, 1991 (56 FR 26836)) has been

retitled: The ``Global Enrollment System (GES), Justice/INS-017.''

The PACES system is being retitled to more accurately reflect the

scope of the system. PACES was established to support an innovative,

voluntary program designed to reduce inspection delays at selected land

border ports of entry by establishing dedicated commuter lanes (DCL's)

for an identified group of low-risk frequent border crossers who has

been pre-screened and pre-authorized to enter the United States through

Canada and Mexico. Under the program, this low-risk group would be

identified by an appropriate decal on the vehicle; they would be

required to reapply each year; and the information would be used to

adjudicate applications and to track approvals and denials. INS is now

modifying the PACES system to (1) add some form of automated inspection

at certain border crossing sites; and (2) include biometric data in its

automated database(s) in order to accomplish the automated inspection.

Specifically, INS is adding the use of electronic inspections to

identify those individuals and vehicles using selected DCL's. A

transponder will be attached to the vehicle which will be read by an

electronic antenna on the dedicated commuter lanes. The information

received will be matched against personal identifying data, including

biometric data, in an INS automated database to verify the eligibility

of the individual(s) to use these lanes.

Further, INS will now include some form of automated inspection at

other land border ports of entry and at airports. Similarly, these

inspections may also include methods which will permit the automated

comparison of personal data provided by the individual, including

biometric data, against an INS automated database to determine their

eligibility to enter the United States.

The Office of Management and Budget (OMB), which has oversight

responsibilities under the Privacy Act, requires a 40-day period in

which to conclude its review of this proposal. OMB, the Congress, and

the public 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 the proposed modification.

Dated: March 21, 1996.

Stephen R. Colgate,

Assistant Attorney General for Administration.

JUSTICE/INS-017

SYSTEM NAME:

Global Enrollment System (GES)

SYSTEM LOCATION:

Land border ports of entry and airports inspection facilities under

the District 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:

United States citizens and lawful permanent residents of the United

States as determined eligible by the Commissioner of the INS who apply

to use any form of automated or other expedited inspection for

verifying eligibility to cross the borders into the United States.

CATEGORIES OF RECORDS IN THE SYSTEM:

The system will contain application data such as full name, place

and date of birth, sex, addresses, telephone numbers, country of

citizenship, alien registration number (if applicable), biometric data,

driver's license number and issuing state or province, the make, model,

color, year, license number and license issuing state or province of

the applicant's vehicle, the name and address of the vehicle's

registered owner if different from the applicant, and the amount of fee

paid. The application will also include such information as the

frequency of border crossings, and the most frequent reason for

crossing the border, together with an indication from the individuals

as to whether he or she has been convicted of any violations of law. In

addition, the file may contain a brief notation indicating that (1)

through an independent check of other law enforcement agency systems,

INS determined that the applicant had been convicted of a specific

violation(s) of law (a finding which could prompt denial of the

application) or (2) through a random border inspection, INS identified

a specific violation(s) of law which provided cause to remove the

individual from the program. Finally, the file will contain letters to

the applicants indicating the disposition of their applications.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:

8 U.S.C. 1101, 1103, 1201, 1304, and 1356 (Pub. L. No. 101-515 103-

121, 103-217).

PURPOSE OF THE SYSTEM:

Information in this system is used to adjudicate applications to

enter the United States by any available form of automated or other

expedited inspection, including that offered to travelers arriving in

the United States via dedicated commuter lanes, to pedestrians and

vehicles arriving at remote ports of entry, to pedestrians and vehicles

arriving at other land borders, and to air travelers. Alternative

methods of inspection have been established to reduce delays by

allowing low-risk frequent border crossers, who have been pre-screened

and pre-authorized, to enter the United States subject only to some

form of automated inspection and random border inspections.

[[Page 15119]]

ROUTINE USERS 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 to the following:

A. To Federal, State, and local government agencies, foreign

governments, 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 the INS to carry out its functions and statutory mandates.

B. Where there is an indication of 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 statute, rule,

regulation or order issued pursuant thereto.

C. Where there is an indication of a violation or potential

violation of the law of another nation (whether civil, criminal or

regulatory in nature), to the appropriate foreign government agency

charged with the responsibility of investigating or prosecuting such

violations or with enforcing or implementing such laws, and to

international organizations engaged in the collection and dissemination

of intelligence concerning criminal activity.

D. 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.

E. 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.

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

AND DISPOSING OF RECORDS IN THE SYSTEM:

STORAGE:

These records are stored in manila folders and on hard disk and

diskette.

RETRIEVABILITY:

These records are retrieved by name, address, and/or vehicle

license number.

SAFEGUARDS:

INS offices are located in building under guard and access to the

premises is by official identification. Personal computers are accessed

by user identification and password levels to assure that accessibility

is limited to persons having a need-to-know. Similarly, paper records

are protected from unauthorized access in locked files.

RETENTION AND DISPOSAL:

(a) Destroy all records three years after the dedicated commuter

lane permit expires or three years after the denial of an application

or removal of an individual from the program. (b) Litigation records

will be destroyed three years after resolution or court decision. At

the end of the three years, automated records will be erased, and paper

records will be destroyed by shredding.

SYSTEM MANAGER(S) AND ADDRESS:

Assistant Commissioner, Inspections, 425 I Street, NW, Washington,

DC 20536.

NOTIFICATION PROCEDURE:

Address your inquiries to the Port Director (if known) or to the

system manager identified above.

RECORDS ACCESS PROCEDURES:

Make all requests for access in writing to the Freedom of

Information Act/Privacy Act (FOIA/PA) Officer at the nearest INS

Office, or in the INS office maintaining the desired records (if known)

by using the List of JUSTICE/INS-999, published in the Federal

Register. Clearly mark the envelope and letter ``Privacy Act Request.''

Provide the A-file number and/or the full name and date of birth, with

a notarized signature of the individual who is the subject of the

records, and a return address.

CONTESTING RECORD PROCEDURE:

Direct all requests to contest or amend information in the record

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 and letter ``Privacy Act Request.'' Provide the A-file number

and/or the full name and date of birth, with a notarized signature of

the individual who is subject of the records, and a return address.

RECORD SOURCE CATEGORIES:

The primary source of information is the application. Other law

enforcement records systems may be used as sources.

SYSTEM EXEMPTED FROM CERTAIN PROVISIONS OF THE ACT:

None.

[FR Doc. 96-8192 Filed 4-3-96; 8:45 am]

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