[Federal Register Volume 62, Number 93 (Wednesday, May 14, 1997)]
[Notices]
[Pages 26555-26557]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-12569]


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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