Privacy Act of 1974; New System of Records

DEPARTMENT OF JUSTICE

[AAG/A Order No. 139-97]

Privacy Act of 1974; New System of Records

Pursuant to the provisions of the Privacy Act (5 U.S.C. 552a),

notice is hereby given that the Department of Justice proposes to

establish and publish a new system of records to be maintained by the

Immigration and Naturalization Service (INS).

The Immigration and Naturalization Service ``Designated Entity

Information Management System (DEIMS), JUSTICE/INS-021'' is a new

system of records for which no public notice consistent with the

provisions of 5 U.S.C. 552a(e)(4) has been published.

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 by August 21, 1977. 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,

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 this system.

Dated: July 1, 1997.

Stephen R. Colgate,

Assistant Attorney General for Administration.

JUSTICE/INS-021

SYSTEM NAME:

The Immigration and Naturalization Service (INS) Designated Entity

Information Management System (DEIMS).

SYSTEM LOCATION:

Headquarters, Regional, District, and other INS file control

offices in the United States as detailed in JUSTICE/INS-999.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:

A. Individuals applying for certification from INS as designated

fingerprint service providers (DFS), including those who have in fact

been certified as DFS providers in accordance with the terms of an

application/agreement (Form I-850). Where application/agreement is made

on behalf of such individuals by their employer, individuals covered by

the system may also include the employer, owner, and manager (or other

individual acting in a similar capacity).

B. Individuals contracted to inspect individuals and/or entities

which provide such fingerprint services to INS.

CATEGORIES OF RECORDS IN THE SYSTEM:

A. The computerized system contains personal identification data

such as the name, social security number, date of birth, place of

birth, and position of each owner/employee of a DFS.

B. The computerized system contains personal identification data

such as the name, social security number, former agency affiliation,

Inspector ID number, and level of security clearance of each inspector

employed under contract to inspect DFS providers.

C. The hard copy DFS file includes evidence of United States

citizenship or lawful permanent resident status for all DFS employees,

evidence of completion of the required fingerprint training for such

employees, and attestation to compliance with the requirements of 8 CFR

103.2(e) (Form I-850A).

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AUTHORITY FOR MAINTENANCE OF RECORDS:

(1) Sections 103 and 290 of the Immigration and Nationality Act, as

amended (8 U.S.C. 1103 and 8 U.S.C. 1360), and the regulations pursuant

thereto; and (2)8 CFR part 2.

PURPOSE(S):

A contractor maintains on behalf of INS an information database of

individuals/entities certified by INS as DFS providers. The contractor

is also required to provide inspectors to conduct inspections of DFS

providers and to include information on such inspectors in the

database. (See Categories of Records in the System.) The system is used

by INS to identify these individuals and to monitor their training/

qualifications and performance.

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. Where the record (whether on its face or in conjunction with

other information) indicates a violation or potential violation of law

(whether the violation or potential violation is civil, criminal, or

regulatory in nature), to the appropriate Federal, State, foreign, or

local agency charged with enforcing or implementing the statute, rule,

regulation, or order issued pursuant thereto.

B. 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

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.

C. To a Federal, State, or local government agency in response to

its request, in connection with the hiring or retention by such an

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.

D. To a Federal, State, or local government agency maintaining

civil, criminal, or other relevant law enforcement information, or

other pertinent information such as current licenses, if necessary to

obtain information relevant to an INS decision concerning the

certification of a DFS employee (employer/owner), and/or the issuance

of a security clearance, and/or the conduct or reporting of an

investigation of a DFS employee or inspector.

E. To the contractor, and/or the contract inspector, acting on INS

behalf (1) to perform contractual responsibilities, or (2) to elicit

information to enable INS to perform its adjudicative and oversight

responsibilities.

F. 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 personal privacy.

G. 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.

H. 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:

Paper documents are stored in file folders. Those records which can

be accessed electronically are stored in a data base on magnetic disc

tape.

RETRIEVABILITY:

These records are indexed and retrieved by name and/or social

security number of the employee of the designated fingerprint service,

and by name and/or social security number of the contract inspector.

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 also in locked cabinets or machines during non-duty

office hours. Access to automated records is controlled by passwords

and name identifications. In addition, contractual provisions require

the contractor to adopt similar safeguards to protect these records

from unauthorized disclosure. In order to ensure compliance, the

contractor is subject to on-site inspection by INS.

RETENTION AND DISPOSAL:

The following INS proposal for retention and disposal is pending

approval of the Department of Justice and by the Archivist of the

United States. The electronic DEIMS record will be destroyed two years

after the program ends. Hardcopy records (i.e., Forms I-850 and I-850A)

will be destroyed two years after the DEIMS program ends or three years

after separation or transfer of the employee/inspector, whichever comes

first.

SYSTEM MANAGER(S) AND ADDRESS:

The Servicewide system manager is the Assistant Commissioner,

Adjudications and Nationality, Immigration and Naturalization Service,

425 I Street NW., Washington, DC 20536.

NOTIFICATION PROCEDURE:

Address inquires to the Freedom of Information Act/Privacy Act

(FOIA/PA) Officer at the appropriate INS office identified in JUSTICE/

INS-999, or to the INS FOIA/PA Officer at 425 I Street NW., Washington,

DC 20536.

RECORD ACCESS PROCEDURES:

Make all requests for access in writing to the FOIA/PA Officer at

the appropriate INS office identified in JUSTICE/INS-999. Such request

may be submitted either by mail or in person. If a request for access

is made by mail, the envelope and letter shall be clearly marked

``Privacy Act Request.'' Include a description of the record sought,

and provide name, social security number, and any other information

which may assist in identifying and locating the record. In addition,

provide a return address for transmitting the records.

CONTESTING RECORDS PROCEDURES:

Direct all requests to contest or amend information to the FOIA/PA

Officer at the appropriate INS office identified in JUSTICE/INS-999.

State clearly and concisely what information is being contested, the

reason for contesting it, and the proposed amendment thereof. Clearly

mark the envelope ``Privacy Act Request.'' Similarly, identify the

record in the same manner as described under ``Record Access

Procedures.''

RECORD SOURCE CATEGORIES:

Individuals covered by the system.

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SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS OF THE ACT:

None.

[FR Doc. 97-19173 Filed 7-21-97; 8:45 am]

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