# Privacy Act of 1974; Notice of New System of Records

> Briefs, arguments, decisions, and more.

URL: https://www.frixlaw.com/law-library/documents/fr%3A97-12569

## Record

- **Collection:** Federal Register
- **Document type:** Notice
- **Published:** May 14, 1997
- **Citation:** 62 FR 26555

## Text

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]
BILLING CODE 4410-10-M

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A97-12569. Public record. Not legal advice.