Privacy Act of 1974; Notice of New System of Records

DEPARTMENT OF JUSTICE

[AAG/A Order No. 134-97]

Privacy Act of 1974; Notice of New 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 automated Law Enforcement Support Center Database (LESC)

JUSTICE/INS-023, 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.

5 U.S.C. 552a(e) (4) and (11) provide that the public be given a 30

day 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 June 13, 1997. The

public, OMB and the Congress are invited to submit any comments to

Patricia E. Neely, Program Analyst, Information Management and Security

[[Page 26556]]

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.

Dated: April 28, 1997.

Stephen R. Colgate,

Assistant Attorney General for Administration.

JUSTICE/INS-023

SYSTEM NAME:

Law Enforcement Support Center Database.

SYSTEM LOCATION:

Immigration and Naturalization Service (INS), Law Enforcement

Support Center (LESC), Eastern Regional Office Building, 70 Kimball

Avenue, South Burlington, Vermont 05403-6813.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:

Immigrants that have the status of legal permanent resident and/or

United States citizen and who are either the subject of an

investigation, or have been arrested, charged with and/or convicted of

criminal or civil offenses which could render them deportable or

excludable under the provisions of immigration and nationality laws.

CATEGORIES OF RECORDS IN THE SYSTEM:

The categories of records include: Biographic identifiers (e.g.

name, alien registration number, date and place of birth, social

security number, Federal Bureau of Investigation number); investigatory

and criminal history information; booking number; passport number;

correctional inmate identifiers and any other information that would

enable INS to gather additional evidence, respond to law enforcement

queries, and/or to determine the status and/or deportability/

excludability of an individual. In addition, the system will include

criminal alien inquiries and INS responses.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:

(1) 8 U.S.C. 1103 and 1252; (2) 21 U.S.C. 802 and section 7343 of

the Anti-Drug Abuse Act of 1988, (Pub. L. 100-690); and (3) Section 504

of the Immigration Act of 1990 (Pub. L. 101-649).

PURPOSE(S):

The database will provide an efficient means to manage and maintain

investigatory information which has been collected from a variety of

external sources such as the law enforcement community, and from

internal sources (including other INS automated systems). This database

will allow authorized personnel to respond to specific criminal alien

inquiries from law enforcement agencies who wish to determine the

immigration status of the individual, and whether they are under

investigation and/or wanted by INS. In particular, it will enable INS

to comply with a requirement of the Anti-Drug Abuse Act of 1988, Pub.

L. 100-690, that states the INS will maintain (on a 24-hour basis)

resources to identify individuals arrested as aggravated felons. In

addition, the system of records will permit INS to facilitate the

processing of individuals for deportation and expulsion proceedings.

Finally, it will enable INS to determine whether previous law

enforcement inquiries have been received concerning alleged criminals

and, through statistical or other analyses, to evaluate the success of

its enforcement efforts.

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 to the following:

A. To other Federal, State, local, or foreign government law

enforcement and regulatory agencies, including the Department of

Defense and all components thereof, the Department of State, the

Department of the Treasury, the Central Intelligence Agency, the United

States Coast Guard, INTERPOL and individuals and organizations during

the course of investigations in the processing of a matter, or during 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. Where a record, either on its face or in conjunction with other

information, indicates 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; or in any case to Federal, State, local,

or foreign agencies as otherwise needed to perform their law

enforcement responsibilities.

C. 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 litigation or has an interest in

litigation and such records are determined by INS or DOJ to be arguably

relevant to the litigation. The DOJ, or any DOJ component or

subdivision thereof; any DOJ employee in his/her official capacity; any

DOJ employee in his/her individual capacity where the DOJ has agreed to

represent the employee; or the United States where INS or the DOJ

determines that the litigation is likely to affect it or any of its

subdivisions.

D. To an actual or potential party or his or her attorney for the

purpose of negotiation or discussion on such matters as settlement of

the case or matter, or informal discovery proceedings.

E. 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.

F. 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.

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

AND DISPOSING OF RECORDS IN THE SYSTEM:

STORAGE:

These records are stored in electronic and hardcopy format.

Electronic records are stored on magnetic or optical media (i.e.,

computer hard drives, floppy disks, tapes and optical disks). Hardcopy

records (printouts) are stored in locked file cabinets.

RETRIEVABILITY:

These records are retrieved by name, alien registration number(s),

date of birth, booking number(s), FBI criminal history number(s), state

criminal history number(s), social security number, passport number,

inmate number and/or other personal identifiers.

SAFEGUARDS:

These records are located in a secured government office. Physical

access to hardcopy records and computer terminals is limited to INS

employees who require access in the performance of their official

duties. The LESC application is further restricted through the use of

unique personal identification numbers and passwords.

RETENTION AND DISPOSAL:

In accordance with General Records Schedule 20, Items 5 and 6,

Electronic Records.

SYSTEM MANAGER(S) AND ADDRESS:

Director, Law Enforcement Support Center, Eastern Regional Office,

Immigration and Naturalization Service, 70 Kimball Avenue, Room 117,

South Burlington, VT 05403.

[[Page 26557]]

NOTIFICATION PROCEDURES:

Inquiries should be addressed to the system manager noted above or

to the FOIA/PA Officer at the same address.

RECORDS ACCESS PROCEDURES:

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 must be in

writing, and should be addressed to the System Manager or the FOIA/PA

Officer at the Eastern Regional office. Such request may be submitted

either by mail or in person. The envelope and letter shall be clearly

marked ``Privacy Access Request.'' To identify a record, the record

subject 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

his or her record. He or she shall also provide a return address for

transmitting the records to be released.

CONTESTING RECORD PROCEDURES:

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 FOIA/PA officer at the Eastern

Regional office as indicated under ``Records Access Procedures.'' 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:

Federal, State and local criminal justice agencies (e.g.,

prosecutors, correctional institutions, police departments and

inspectors general).

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. 97-12569 Filed 5-13-97; 8:45 am]

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