[Federal Register Volume 67, Number 2 (Thursday, January 3, 2002)]
[Notices]
[Pages 347-348]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-37]


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DEPARTMENT OF JUSTICE

[AAG/A Order No. 254-2001]


Privacy Act of 1974; 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 the following system of records--previously 
published March 7, 1997, (62 FR 10580):

The Immigration and Naturalization Service, Office of Internal Audit 
Investigations (OIA) Index and Records, JUSTICE/INS-002.

    INS proposes to republish the notice to: (1) Include new 
information in the Categories of Records section, (2) add two new 
routine uses (J and K), and (3) modify the ``Retention and Disposal'' 
section as described in the attached Federal Register notice.
    Routine use J will allow contractors working for INS to have access 
to the information in this system of records. Routine use K allows 
disclosure to former employees when the Department of Justice requires 
information and/or consultation assistance from the former employee 
that is necessary for personnel-related or other official purposes 
regarding a matter within that person's former area of responsibility. 
Also, INS is making a modification to the Retention and Disposal 
section of the notice. The National Archives and Records Administration 
(NARA) has oversight responsibility for retention and disposal 
schedules. NARA withdrew the entire General Records Schedule (GRS) 22, 
Inspector General Records, and the disposal authority formerly provided 
under this schedule. GRS 22 covered the records in this system. 
Therefore, INS is modifying this notice to include a new Retention and 
Disposal Schedule for OIA records. Also, other minor corrections and 
edits have been made to reflect the current status of this system of 
records.
    In accordance with 5 U.S.C. 552a(e)(4) and (11), the public is 
given a 30-day period in which the comment on new routine use 
disclosures and system modifications. 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 this 
revised system notice. Therefore, please submit any comments by 
February 4, 2002. OMB, the Congress, and the public are invited to send 
written comments to Mary Cahill, Management Analyst, Management and 
Planning Staff, Justice Management Division, Department of Justice, 
Washington, DC 20530 (Room 1400, National Place Building).
    In accordance with 5 U.S.C. 552a(r), the Department has provided a 
report to OMB and the Congress.

    Dated: December 20, 2001.
Janis A. Sposato,
Acting Assistant Attorney General for Administration.
JUSTICE/INS-002

SYSTEM NAME:
    Office of Internal Audit Investigations Index and Records

SYSTEM LOCATION:
    Headquarters office, Immigration and Naturalization Service (INS), 
425 I Street, NW., Washington, DC. In addition, field offices of the 
INS have access only to hardcopy files during an

[[Page 348]]

investigation. A complete address list of the principal offices of INS 
is detailed in JUSTICE/INS-999, last published in the Federal Register 
on April 13, 1999 (64 FR 18052).
* * * * *

CATEGORIES OF RECORDS IN THE SYSTEM:
    Information relating to investigations, including:
    a. Letters, memoranda, and other documents citing complaints of 
alleged criminal, civil, or administrative misconduct (i.e., program 
subject files and internal review case files).
    b. Investigative files (i.e., selected and non-selected cases) 
which include: reports of investigations to resolve allegations of 
misconduct or violations of law with related exhibits, statements, 
affidavits or records obtained during investigations; prior criminal or 
non-criminal records of individuals as they relate to the 
investigations; reports from or to other law enforcement bodies; 
information obtained from informants and identifying data with respect 
to such informants; nature of allegations made against suspects and 
identifying data concerning such subjects; public source materials; and 
employee identifying data (e.g., full name, social security number, 
address, duty station, grade, job series, entrance on duty [EOD] date, 
and date of birth) obtained from the National Finance Center [NFC] 
payroll system.
* * * * *

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND THE PURPOSES OF SUCH USES:
* * * * *
    B. To General Service Administration and National Archives and 
Records Administration (NARA) in records management inspections 
conducted under the authority of 44 U.S.C. 2904 and 2906.
* * * * *
    J. To contractors, grantees, experts, consultants, students, and 
others performing or working on a contract, service, grant, cooperative 
agreement, or other assignment for the Federal Government, when 
necessary to accomplish an agency function related to this system of 
records.
    K. Pursuant to subsection (b)(3) of the Privacy Act, the Department 
of Justice may disclose relevant and necessary information to a former 
employee of the Department for purposes of: responding to an official 
inquiry by a federal, state, or local government entity or professional 
licensing authority, in accordance with applicable Department 
regulations; or facilitating communications with a former employee that 
may be necessary for personnel-related or other official purposes where 
the Department requires information and/or consultation assistance from 
the former employee regarding a matter within that person's former area 
of responsibility.
* * * * *

RETENTION AND DISPOSAL:
    Program subject files are destroyed when 10 years old. Internal 
review case files are maintained until the end of the fiscal year in 
which the case was closed. One year after these records are closed, 
they are transferred to the National Records Center and kept for 10 
years and then are destroyed. General internal review files will be 
destroyed when superseded, obsolete, or no longer needed for reference. 
Investigative case files concerning selected cases are maintained 
permanently. Ten years after the case is closed, it is transferred to 
NARA. Non-selected investigatory files are destroyed 10 years after the 
case is closed. Electronic versions of records created by the 
electronic mail and word processing applications are deleted when a 
file copy is generated or when no longer needed for reference or 
updating.
* * * * *

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). INS has published implementing regulations in 
accordance with the requirements of 5 U.S.C. 553 (b), (c), and (e) and 
these were published in the Federal Register of June 25, 1997 (62 FR 
34169) and can be found at 28 CFR 16.99 (g) and (h).
[FR Doc. 02-37 Filed 1-2-02; 8:45 am]
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