[Federal Register Volume 62, Number 93 (Wednesday, May 14, 1997)]
[Proposed Rules]
[Pages 26458-26459]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-12570]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF JUSTICE

28 CFR PART 16

[AAG/A Order No. 135-97]


Exemption of Records Systems Under the Privacy Act

AGENCY: Department of Justice.

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: The Department of Justice proposes to exempt a Privacy Act 
system of records from subsections (c) (3) and (4); (d); (e) (1), (2), 
(3), (5), (8) and (g) of the Privacy Act, 5 U.S.C. 552a. This system of 
records is the ``Immigration and Naturalization Service (INS), Law 
Enforcement Support Center (LESC) Database, JUSTICE/INS-023.'' 
Information in this system relates to inquiries via criminal justice 
agencies of immigrants who 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 and/or convicted for 
criminal or civil offenses which could render them deportable or 
excludable under the provisions of immigration and nationality laws. 
The exemptions are necessary to avoid interference with law enforcement 
operations. Specifically, the exemptions are necessary to prevent 
subjects of investigations from frustrating the investigatory or other 
law enforcement process such as, deportation/expulsion proceedings.


[[Page 26459]]


DATE: Submit any comments by June 13, 1997.

ADDRESSES: Address all 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).

FOR FURTHER INFORMATION CONTACT: Patricia E. Neely--202-616-0178.

SUPPLEMENTARY INFORMATION: In the notice section of today's Federal 
Register, the Department of Justice provides a description of the ``Law 
Enforcement Support Center (LESC) Database, JUSTICE/INS-023.''
    This order relates to individuals rather than small business 
entities. Nevertheless, pursuant to the requirements of the Regulatory 
Flexibility Act, 5 U.S.C. 601-612, it is hereby stated that the order 
will not have ``a significant economic impact on a substantial number 
of small entities.''

List of Subjects in 28 CFR Part 16

    Administrative Practices and Procedures, Courts, Freedom of 
Information Act, Government in the Sunshine Act, and the Privacy Act.

    Dated: April 28, 1997.
Stephen R. Colgate,
Assistant Attorney General for Administration.

    Pursuant to the authority vested in the Attorney General by 5 
U.S.C. 552a and delegated to me by Attorney General Order No. 793-78, 
it is proposed to amend part 16 of Title 28 of the Code of Federal 
Regulations as follows:

    1. The authority for part 16 continues to read as follows:

    Authority: 5 U.S.C. 301, 552, 552a, 552b(g), 553; 18 U.S.C. 
4203(a)(1); 28 U.S.C. 509, 510, 534, 31 U.S.C. 3717, 9701.

    2. It is proposed to amend 28 CFR 16.99 by adding paragraphs (i) 
and (j) to read follows: \1\
---------------------------------------------------------------------------

    \1\ Proposed paragraphs (g) and (h) were published in the 
Federal Register on March 7, 1997 (62 FR 10495).
---------------------------------------------------------------------------


Sec. 16.99  Exemption of the Immigration and Naturalization Service 
Systems-limited access.

* * * * *
    (i) The Law Enforcement Support Center Database (LESC) (Justice/
INS-023) system of records is exempt under the provisions of 5 U.S.C. 
552a (j)(2) from subsections (c) (3) and (4); (d); (e) (1), (2), (5), 
(8) and (g); but only to the extent that this system contains records 
within the scope of subsection (j)(2), and to the extent that records 
in the system are subject to exemption therefrom. In addition, this 
system of records is also exempt in part under the provisions of 5 
U.S.C. 552a (k) (2) from subsections (c)(3); (d); (e)(1), but only to 
the extent that this system contains records within the scope of 
subsection (k)(2), and to the extent that records in the system are 
subject to exemption therefrom.
    (j) The following justifications apply to the exemptions from 
particular subsections:
    (1) From subsection (c)(3) for reasons stated in paragraph (h)(1) 
of this section.
    (2) From subsection (c)(4) from reasons stated in paragraph (h)(2) 
of this section.
    (3) From the access and amendment provisions of subsection (d) 
because access to the records contained in this system of records could 
inform the subject of a criminal or civil investigation of the 
existence of that investigation; of the nature and scope of the 
information and evidence obtained as to their activities; and of 
information that may enable the subject to avoid detection or 
apprehension. Such disclosures would present a serious impediment to 
effective law enforcement where they prevent the successful completion 
of the investigation or other law enforcement operation such as 
deportation or exclusion. In addition, granting access to these records 
could result in a disclosure that would constitute an unwarranted 
invasion of the privacy third parties. Amendment of the records would 
interfere with ongoing investigations and law enforcement activities 
and impose an impossible administrative burden by requiring 
investigations to be continuously reinvestigated.
    (4) From subsection (e)(1) for reasons stated in paragraph (h)(4) 
of this section.
    (5) From subsection (e)(2) for reasons stated in paragraph (h)(5) 
of this section.
    (6) From subsection (e)(3) because the requirement that individuals 
supplying information be provided with a form stating the requirements 
of subsection (e)(3) would constitute a serious impediment to criminal 
law enforcement in that it could compromise the existence of a 
confidential investigation.
    (7) From subsection (e)(5) for reasons stated in paragraph (h)(7) 
of this section.
    (8) From subsection (e)(8) for reasons stated in paragraph (h)(8) 
of this section.
    (9) From subsection (g) to the extent that this system is exempt 
from the access and amendment provisions of subsection (d).

[FR Doc. 97-12570 Filed 5-13 -97; 8:45 am]
BILLING CODE 4410-10-M