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[Federal Register: July 31, 2000 (Volume 65, Number 147)]
[Notices]               
[Page 46738-46739]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr31jy00-87]                         

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

DEPARTMENT OF JUSTICE

[AAG/A Order No. 200-2000]

 
Privacy Act of 1974; System of Records

    Pursuant to the provisions of 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 November 4, 1997 (62 FR 59732):
    Deportable Alien Control System (DACS), JUSTICE/INS-012.
    INS proposes (1) to replace routine use C with an updated version 
which will expand access to more entities for law enforcement purposes; 
(2) to remove routine use disclosure D and replace it with two new 
routine use disclosures, identified as I and J (former routine use I is 
now H); (3) to make minor changes in the Categories of Records and 
Authority for Maintenance of the System sections to reflect changes 
required by the Illegal Immigration Reform and Immigrant Responsibility 
Act of 1996 (Pub. L. 104-208, September 30, 1996); and (4) to modify 
the Retention and Disposal section to reflect changes made in 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 to comment on the 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 system. Therefore, please submit 
any comments by August 30, 2000. The public, OMB, and the Congress 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 on the proposed modification.

    Dated: July 19, 2000.
Stephen R. Colgate,
Assistant Attorney General for Administration.
JUSTICE/INS-012

SYSTEM NAME:
    Deportable Alien Control System (DACS).

SYSTEM LOCATION:
    Headquarters, Regional and District offices, and other offices of 
the Immigration and Naturalization Service (INS) in the United States 
as detailed in JUSTICE/INS-999, last published in the Federal Register 
on April 13, 1999 (64 FR 18052).

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Aliens deported and alleged to be deportable by INS.

CATEGORIES OF RECORDS IN THE SYSTEM:
    The system is a computer data base that contains biographic 
information about deported and deportable aliens such as name, date and 
country of birth; United States and foreign addresses; file number, 
charge, amount of bond, hearing date, case assignment, scheduling date, 
section(s) of law under which deportability/excludability/removability 
is alleged; data collected to support the INS position on 
deportability/excludability/removability, including information on any 
violations of law and conviction information; date, place, and type of 
last entry into the United States; Attorney/representative's 
identification number; family data, and other case-related information.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    8 U.S.C. 1103, 1227, 1228, 1229, 1229a, and 1231.

PURPOSE(S):
    The system provides INS with an automated data base which assists 
in the deportation or detention of aliens in accordance with 
immigration and nationality laws. It also serves as a docket and 
control system by providing management with information concerning the 
status and/or disposition of deportable aliens.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM INCLUDING CATEGORIES 
OF USERS AND PURPOSE OF SUCH USES:
    Relevant information contained in this system of records may be 
disclosed as follows:
    A. To clerks and judges of Federal courts exercising jurisdiction 
over the deportable aliens in determining grounds for deportation.
    B. To other Federal, State, and local government law enforcement 
and regulatory agencies and foreign governments, including the 
Department of Defense and all components thereof, the Department of 
State, the Department of the Treasury, the Central Intelligence Agency, 
the Selective Service System, the United States Coast Guard, the United 
Nations, and INTERPOL, and individuals and organizations during the 
course of an investigation or 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.
    C. To the appropriate agency/organization/task force, regardless of 
whether it is Federal, State, local, foreign, or tribal, charged with 
the enforcement (e.g., investigation and prosecution) of a law 
(criminal or civil), regulation, or treaty, of any record contained in 
this system of records which indicates either on its face, or in 
conjunction with other information, a violation or potential violation 
of that law, regulation, or treaty
    D. Where there is an indication of a violation or potential 
violation of the

[[Page 46739]]

law of another nation (whether civil or criminal), to the appropriate 
foreign government agency charged with enforcing or implementing such 
laws and to international organizations engaged in the collection and 
dissemination of intelligence concerning criminal activity.
    E. To other Federal agencies for the purpose of conducting national 
intelligence and security investigations.
    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.
    G. 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.
    H. To any Federal agency, where appropriate, to enable such agency 
to make determinations regarding the payment of Federal benefits to the 
record subject in accordance with that agency's statutory 
responsibilities.
    I. 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.
    J. 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 the litigation or has an interest in the 
litigation and such records are determined by INS or DOJ to be arguably 
relevant to the litigation: (1) DOJ, or any DOJ component, or 
subdivision thereof; (2) any DOJ employee in his or her official 
capacity; (3) any DOJ employee in his or her individual capacity when 
the DOJ has agreed to represent the employee or has authorized a 
private attorney to represent him or her; and (4) the United States, 
where INS or the DOJ determines that the litigation is likely to affect 
it or any of its subdivisions.

POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, 
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
    These records are stored in a data base on magnetic disks.

RETRIEVABILITY:
    These records are retrieved by name and/or nationality, A-file 
number, or alien's Bureau of Prisons number, when applicable.

SAFEGUARDS:
    Most INS offices are located in buildings under security guard, and 
access to premises is by official identification. Access to terminals 
is limited to INS employees with user identification numbers. Access to 
records in this system is by restricted password and is further 
protected by secondary passwords.

RETENTION AND DISPOSAL:
    The following INS proposal for retention and disposal is pending 
approval by NARA. Cases which have been closed for a year are archived 
and stored in the database for 75 years, then deleted. Daily population 
reports are retained for six months and then destroyed. Work 
Measurement Reports are destroyed three years after creation. Copies of 
forms used within this system of records are placed in the Alien File. 
Electronic copies of records (copies from electronic mail and word 
processing systems) which are produced and made part of the file can be 
deleted within 180 days after the recordkeeping copy has been produced.

SYSTEM MANAGER(S) AND ADDRESS:
    Assistant Commissioner, Detention and Deportation, Immigration and 
Naturalization Service, 425 I Street, NW., Washington, DC 20536.

NOTIFICATION PROCEDURE:
    Address inquiries to the system manager identified above.

RECORDS ACCESS PROCEDURE:
    Make all requests for access in writing to the Freedom of 
Information Act/Privacy Act (POIA/PA) Officer at the nearest INS 
office, or the INS office maintaining the desired records (if known) by 
using the list of Principal Offices of the Immigration and 
Naturalization Service Appendix, JUSTICE/INS-999, published in the 
Federal Register. Clearly mark the envelope and letter ``Privacy Act 
Request.'' Provide the A-file number and/or the full name, nationality, 
and date of birth, with a notarized signature of the individual who is 
the subject of the record, and a return address.

CONTESTING RECORDS PROCEDURES:
    Direct all requests to contest or amend information in the record 
to the FOIA/PA Officer at one of the addresses identified above. State 
clearly and concisely the information being contested, the reason for 
contesting it, and the proposed amendment thereof. Clearly mark the 
envelope ``Privacy Act Request.'' The record must be identified in the 
same manner as described for making a request for access.

RECORD SOURCE CATEGORIES:
    Basic information is obtained from ``The Immigration and 
Naturalization Service (INS) Alien File (A-File) and Central Index 
System (CIS), JUSTICE/INS-001A.'' Information may also come from the 
alien, the alien's attorney/representative, INS official, other 
Federal, State, local, and foreign agencies and the courts.

SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS OF THE ACT:
    None.

[FR Doc. 00-19201 Filed 7-28-00; 8:45 am]
BILLING CODE 4410-CJ-M




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