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[Federal Register: April 4, 2001 (Volume 66, Number 65)]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
DEPARTMENT OF JUSTICE
[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.
National Automated Immigration Lookout System (NAILS).
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.
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
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.
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
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]
BILLING CODE 4410-10-M
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