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[Federal Register: April 4, 2001 (Volume 66, Number 65)]
[Page 17928-17930]
From the Federal Register Online via GPO Access []

[AAG/A Order No. 225-2001]

Privacy Act of 1974; 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, 
Immigration and Naturalization Service (INS) is republishing Subsystem 
G of ``The Immigration and Naturalization Service Index System, 
JUSTICE/INS-001,''--last published October 5, 1993 (58 FR 51847)--as a 
separate system of records to be entitled ``National Automated 
Immigration Lookout System (NAILS).'' The system was formerly entitled, 
Service Lookout System. Subsystem G is also being redescribed to cancel 
two sub-subsystems which are no longer required, as the records are now 
maintained in other systems of records. Records maintained in the 
Application and petition System are now maintained in the Computer 
Linked Application Petition System JUSTICE/INS-013. Records maintained 
in the Correspondence Control Index are now maintained in the JUSTICE/
INS-001, Subsystem G, Correspondence Control and Task Tracking System.
    NAILS is being redescribed to improve the clarity and accuracy of 
the system description. Specifically, INS proposes to: (1) Remove 
inapplicable routine use disclosure provisions; (2) add four routine 
use disclosures (i.e., C, H, I, and J). (Routine use C will assist INS 
with its law enforcement functions. Routine use H will allow 
contractors working for INS to have access to the information in this 
system of records. Routine use I 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. Finally, routine use J allows 
disclosure to the Courts and adjudicative bodies to protect the 
litigation interest of the INS; (3) modify one routine use (D). Routine 
use D has been revised to remove the applicant, petitioner, or 
respondent since no routine use disclosure provision is necessary to 
disclose to these individuals; and (4) make other minor corrections and 
edits 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 to comment on the system of records. 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 comment 
by (30 days from the publication date of this notice). The public OMB 
and the Congress are invited to submit any 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 the Department has provided a 
report to OMB and the Congress.

    Dated: March 29, 2001.
Stephen R. Colgate,
Assistant Attorney General for Administration.

System Name:
    National Automated Immigration Lookout System (NAILS).

System Location:
    Headquarters, Regional and District offices, Administrative 
Centers, Service centers, ports of entry and other file control offices 
of the Immigration and Naturalization Service (INS) in the United 
States as detailed in JUSTICE/INS-999, last published, April 13, 1999 
(64 FR 18052).

Categories of Individuals Covered by the System:
    Violators or suspected violators of the criminal or civil 
provisions of statutes enforced by INS, other federal law enforcement 
agencies, and persons whom INS has reason to believe are not entitled 
to be admitted into the United States.

Categories of Records in the System:
    This system contains names and reference data on violators, alleged 
violators, and suspected violators of the criminal or civil provisions 
of the statutes enforced by INS, and other Federal law enforcement 
agencies. The system also maintains the name and reference data on 
persons not entitled to be admitted into the United States. The system 
also interfaces with other INS data systems. They are the Deportable 
Alien Control System (DACS--system notice JUSTICE/INS-012) lookout 
records from the Detention and Deportation Branch; records from the 
Alien Documentation, Identification and Telecommunication (ADIT); Lost/
Stolen/Recovered Alien Registration Cards from the Computer Linked 
Applications Information Management System (CLAIMS--system notice 
JUSTICE/INS-013); the Non-Immigrant Information System (NIIS) entry and 
departure information for non-immigrant aliens under the Visa Waiver 
Pilot Program (VWPP) that are confirmed overstays and refusals; lookout 
records from the Consular Lookout and Support System (CLASS) and the 
TIPOFF database (suspected terrorist database) from the United States 
Department of State; and the Interagency Border Inspection System 
(IBIS) which supports systems of different border inspection agencies.

Authority for Maintenance for the System:
    8 U.S.C. 1185.

    The purpose of the system is to facilitate the inspection and 
investigation processes by providing quick and easy retrieval of 
biographical or case data on individuals who may be inadmissible to the 
United States, or may be of interest to other Federal agencies.

Routine Uses of Records Maintained in the System, Including Categories 
of Users and the Purpose of Such Uses:
    Relevant information contained in this system of records may be 
disclosed as follows:
    A. To other Federal, State, local government, and international law 
enforcement and regulatory agencies, foreign governments, the 
Department of Defense, including 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, INTERPOL, and individuals and organizations during 
the course of investigations in the processing of a matter or a 
proceeding within the purview of the immigration and nationally laws, 
to elicit information required by the Service to carry out its 
functions and statutory mandates.

[[Page 17929]]

    B. To a Federal, State, local or foreign government agency or 
organization, or international organization, lawfully engaged in 
collecting law enforcement intelligence information, whether civil or 
criminal, and/or charged with investigating, prosecuting, enforcing or 
implementing civil and/or criminal laws, related rules, regulations or 
orders, to enable these entities to carry out their law enforcement 
responsibilities, including the collection of law enforcement 
    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. To an attorney or representative who is acting on behalf of an 
individual covered by this system of records as defined in 8 CFR 1.1(j) 
in conjunction with any proceeding before the Immigration and 
Naturalization Service or the Executive Office for Immigration Review.
    E. 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.
    F. To a Member of Congress, or staff acting upon 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 General Service Administration (GSA) and National Archives 
and Records Administration (NARA) in records management inspections 
conducted under the authority of 44 U.S.C. 2904 and 2906.
    H. 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 
    I. 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.
    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:
    Records are stored on computer processable storage media, and paper 
records generated from the computer are stored in lockable file 

    Records are retrieved by name and other identifying information as 
available, of the person, normally at the time the person is seeking 
admission to the United States.

    The NAILS database is a mainframe-based integrated data management 
system used as the INS lookout database that contains records on 
individuals who are either not entitled to be admitted to the United 
States, or who are to be admitted but with notification of their entry 
to the appropriate agency. Authorized access requires use of a password 
which is restricted to persons having a need to access NAILS in the 
performance of their official duties. Paper records generated by NAILS 
are stored in spaces that are locked outside of normal office hours. 
Many records are stored in cabinets or machines that are locked outside 
normal office hours. Most INS offices are located in buildings under 
security guard, and access to premises is by official identification.

Retention and Disposal
    The following INS proposal for retention and disposal is pending 
approval by NARA: Each record is deleted automatically from the system 
when it reaches its established expiration data. (NOTE: The officer who 
creates a lookout record establishes the expiration date of the record 
that may vary from one day to 100 years.) Electronic Mail and Word 
Processing System copies that have no further administrative value 
after the recordkeeping copy is made, will be destroyed/deleted within 
180 days after the recordkeeping copy has been produced. Those copies 
used for dissemination, revision, or updating that are maintained in 
addition to the recordkeeping copy are destroyed/deleted when 
disseminations, revision, or updating is completed.

System Manager(s) and Address:
    Associate Commissioner, Programs, Immigration and Naturalization 
Service, 425 I Street NW, Washington, DC 20536.

Notification Procedures:
    Inquiries should be addressed either to: 1) The system manager 
noted above; 2) to the FOIA/PA Officer at the INS office where the 
record is maintained; and 3) the Headquarters FOIA/PA Office at 425 I 
Street, NW, Second Floor, Union Labor Life Building, Washington, DC 

Records Access Procedure:
    Requests for access to records in this system shall be in writing 
and should be addressed to the System Manager noted above or to the 
appropriate FOIA/PA Officer as indicated in System Locations. Requests 
sent directly to the System Manager should be submitted by mail. 
Requests to the FOIA/PA Officer may be submitted either my mail or in 
person. If a request for access is made by mail, the envelope and 
letter shall be clearly marked Privacy Access Request. Include a 
description of the general subject matter and if known, the related 
file number. To identify a record, the requester 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 the record. The requester shall 
also provide a return address for transmitting the records to be 

Contesting Record Procedures:
    An individual desiring to request amendment of records maintained 
in this system of records should direct his or her request to the 
System Manager or to the appropriate FOIA/PA Officer noted in System 
Locations. The request should state the information being

[[Page 17930]]

contested, the reason(s) for contesting it, and the proposed amendment 
thereof. Persons filing such requests should make the envelope with the 
following legend ``Privacy Act Amendment Request.''

Record Source Categories:
    Basic information contained in this index is gathered from INS 
inspections, adjudications, reports of investigation, sworn statements, 
correspondence and memoranda, official reports, memoranda, and written 
and electronic referrals from other government agencies, including 
Federal, State, and local, information from foreign government agencies 
and international organizations.

Systems Exempted From Certain Provisions of the Act:
    The Attorney General has exempted this system from subsections 
(c)(3) and (4), (d), (e)(1), (2), and (3), (e)(4)(G) and (H), (e)(5) 
and (8), and (g), of the Privacy Act pursuant to 5 U.S.C. 552a(j)(2). 
In addition, the Attorney General has exempted this system from 
subsections (c)(3), (d) and (e)(1), (e)(4)(G) and (H) of the Privacy 
Act pursuant to 5 U.S.C. 552a(k)(2). The exemptions apply only to the 
extent that records in the system are subject to exemptions pursuant to 
5 U.S.C. 552a (j)(2) and (k)(2). INS has published proposed 
implementing regulations in accordance with the requirements of 5 
U.S.C. 553(b), (c), and (e) and these are published in today's Federal 
[FR Doc. 01-8285 Filed 4-3-01; 8:45 am]
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