[Federal Register Volume 62, Number 140 (Tuesday, July 22, 1997)]
[Notices]
[Pages 39256-39258]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-19173]


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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).

[[Page 39257]]

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.

[[Page 39258]]

SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS OF THE ACT:
    None.

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