Privacy Act of 1974; Altered System of Records

DEPARTMENT OF JUSTICE

[AAG/A Order No. 150-98]

Privacy Act of 1974; Altered System of Records

Pursuant to the Privacy Act of 1974 (5 U.S.C. 552a), the

Immigration and Naturalization Service (INS), Department of Justice,

proposes to modify and publish as a separate system of records,

Subsystem N. of the Immigration and Naturalization Service Index

System, Justice/INS-001, which was published on October 5, 1993 (58 FR

51347). Subsystem N. was previously entitled ``Property Issued to

Employees.'' As a new and separate system of records, it is now

retitled ``The Asset Management Information System (AMIS), Justice/INS-

004,'' and is otherwise modified as follows.

1. To remove, in their entirety, the exemptions applied to the INS-

001 system.

2. To remove 10 routine use disclosure provisions which are

inapplicable to these records.

3. Of those routine uses retained, to modify two, i.e., routine

uses identified as C. and F.

4. To add one routine use, identified as routine use D.

5. To add information regarding the issuance of firearms, including

qualification scores; and

6. To computerize all of the information in this system. (This

effort is now in process.)

The republication of Subsystem N. as AMIS is part of a long-term INS

initiative to redescribe, where appropriate, the subsystems in the INS-

001 system as separate systems of records. The objective of this effort

is to improve reporting accuracy and clarity, in particular with

respect to applicable routine use disclosures and exemptions.

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 May 27, 1998. 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 the proposed modification.

Dated: April 8, 1998.

Stephen R. Colgate,

Assistant Attorney General for Administration.

JUSTICE/INS-004

System Name:

The Asset Management Information System (AMIS).

System Location:

Headquarters, Regional and District offices, Administrative

Centers, Border Patrol Sector Headquarters, Sub-Offices, Stations, and

satellite offices of the Immigration and Naturalization Service (INS)

in the United States and Foreign Countries as detailed in JUSTICE/INS-

999.

Categories of Individuals Covered by the System:

Current and former employees of the INS, contract personnel, and

temporarily detailed personnel of other Government agencies who have

been assigned responsibility for government-owned or controlled

property.

Categories of Records in the System:

This system of records contains property management records which

include information on government-owned or controlled personal property

(e.g., personal computers, firearms, etc.), and communications

equipment (e.g. radios, radar, telephones, etc.), in the personal

custody of the individuals covered by this system and used in the

performance of their official duties. Information includes the name of

such individual, property issued, serial number of the item, dates

property issued and returned and the individual/supervisor's initials.

In addition, records on firearms include a qualifications roster, and

firearm qualifications scores of each officer authorized to use and

carry a firearm, and an individual qualifications history.

Authority for Maintenance of the System:

(1) 40 U.S.C. 486; (2) 41 CFR part 101; and (3) 41 CFR part 128.

Purpose:

Information in this system is used to manage assets in the custody

of the INS in compliance with statutes and regulations governing

property management. The records are used to issue, track location

thereof, and maintain accountability for government owned or controlled

property, including firearms. The system also is used to assess and

determine firearm qualifications on an ongoing basis to ensure that

firearms are issued only to qualified and authorized personnel.

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, 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.

B. To a Federal, State, local or foreign government agency in

response to its request, in connection with the hiring or retention of

an employee, the issuance of a security clearance, the reporting of an

investigation of 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.

C. To a Federal, State or local agency maintaining civil, criminal

or other relevant enforcement information or other pertinent

information such as current licenses if disclosure is necessary to

obtain information relevant to an INS decision concerning the retention

of an employee, the issuance of a firearm and/or a security clearance,

the letting of a contract or the issuance of a license or other

benefit.

D. 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 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.

[[Page 20652]]

E. 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.

F. To the 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.

G. 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 a personal privacy.

Policies and Practices for Storing, Retrieving, Accessing, Retaining

and Disposing of Records in the System:

Storage:

A. Paper records and cards are stored in manually-operated index

machines, file drawers and boxes; other information is stored manually

as paper records in file folders.

B. Electronic records are stored in a database on magnetic disk.

Retrievability:

These records are retrieved by last name and social security number

of the record subject.

Safeguards:

INS offices are located in buildings under security guard, and

access to the premises is by official identification. All records are

stored in a space which is locked outside of normal office hours. In

addition, paper records are stored in locked cabinets or machines.

Access to the automated system is controlled by restricted password for

use at remote terminals in secured areas.

Retention and Disposal:

General property management records are maintained in accordance

with General Records Schedules 3 and 4. The following INS proposal for

retention and disposal of records on firearms is pending approval by

the Archivist of the United States. Records on returned firearms will

be maintained for three years, archived to the Department of Justice

Data Center (DOJDC), Dallas, Texas, and then destroyed when seven years

old. Records on lost/stolen firearms will be maintained for three

years, archived to the DOJDC and destroyed when 20 years old. (Paper

records will be destroyed as they are computerized.)

System Managers and Address:

Chief, Property Section; Logistics Policy, Planning and Evaluation

Branch; 425 I Street NW, Room 2214, Washington, DC 20536.

Notification Procedures:

Inquiries should be addressed to the Freedom of Information and

Privacy Act (FOIA/PA) Officer at the INS office where the record is

maintained or to the FOIA/PA Officer at 425 I Street NW, Washington, DC

20536.

Record Access Procedures:

Requests for access to records in this system shall be in writing

and should be addressed to the appropriate FOIA/PA Officer as indicated

above. Such request may be submitted either by mail or in person. If a

request for access is made by mail, clearly mark the envelope and

letter ``Privacy Access Request.'' To identify a record relating to an

individual, a requester should provide full name, date of birth,

verification of identity (in accordance with 8 CFR 103.21(b)), a

description of the general subject matter and, if known, the related

Property Control Number. The requester shall also provide a return

address for transmitting the records to be released.

Contesting Record Procedures:

An individual desiring to contest or amend information maintained

in the system should direct his or her request to the appropriate FOIA/

PA officer as indicated above. The request should state clearly what

information is being contested, the reasons for contesting and the

proposed amendment to the information.

Record Sources Categories:

Records are generated from property purchase orders; acquisition,

transfer and disposal data; and employee locator documentation, or

otherwise from the record subject.

Systems Exempted from Certain Provisions of the Act:

None.

[FR Doc. 98-11134 Filed 4-24-98; 8:45 am]

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