[Federal Register Volume 62, Number 93 (Wednesday, May 14, 1997)]
[Proposed Rules]
[Pages 26458-26459]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-12570]
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DEPARTMENT OF JUSTICE
28 CFR PART 16
[AAG/A Order No. 135-97]
Exemption of Records Systems Under the Privacy Act
AGENCY: Department of Justice.
ACTION: Proposed rule.
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SUMMARY: The Department of Justice proposes to exempt a Privacy Act
system of records from subsections (c) (3) and (4); (d); (e) (1), (2),
(3), (5), (8) and (g) of the Privacy Act, 5 U.S.C. 552a. This system of
records is the ``Immigration and Naturalization Service (INS), Law
Enforcement Support Center (LESC) Database, JUSTICE/INS-023.''
Information in this system relates to inquiries via criminal justice
agencies of immigrants who have the status of legal permanent resident
and/or United States citizen and who are either the subject of an
investigation, or have been arrested, charged and/or convicted for
criminal or civil offenses which could render them deportable or
excludable under the provisions of immigration and nationality laws.
The exemptions are necessary to avoid interference with law enforcement
operations. Specifically, the exemptions are necessary to prevent
subjects of investigations from frustrating the investigatory or other
law enforcement process such as, deportation/expulsion proceedings.
[[Page 26459]]
DATE: Submit any comments by June 13, 1997.
ADDRESSES: Address all 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).
FOR FURTHER INFORMATION CONTACT: Patricia E. Neely--202-616-0178.
SUPPLEMENTARY INFORMATION: In the notice section of today's Federal
Register, the Department of Justice provides a description of the ``Law
Enforcement Support Center (LESC) Database, JUSTICE/INS-023.''
This order relates to individuals rather than small business
entities. Nevertheless, pursuant to the requirements of the Regulatory
Flexibility Act, 5 U.S.C. 601-612, it is hereby stated that the order
will not have ``a significant economic impact on a substantial number
of small entities.''
List of Subjects in 28 CFR Part 16
Administrative Practices and Procedures, Courts, Freedom of
Information Act, Government in the Sunshine Act, and the Privacy Act.
Dated: April 28, 1997.
Stephen R. Colgate,
Assistant Attorney General for Administration.
Pursuant to the authority vested in the Attorney General by 5
U.S.C. 552a and delegated to me by Attorney General Order No. 793-78,
it is proposed to amend part 16 of Title 28 of the Code of Federal
Regulations as follows:
1. The authority for part 16 continues to read as follows:
Authority: 5 U.S.C. 301, 552, 552a, 552b(g), 553; 18 U.S.C.
4203(a)(1); 28 U.S.C. 509, 510, 534, 31 U.S.C. 3717, 9701.
2. It is proposed to amend 28 CFR 16.99 by adding paragraphs (i)
and (j) to read follows: \1\
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\1\ Proposed paragraphs (g) and (h) were published in the
Federal Register on March 7, 1997 (62 FR 10495).
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Sec. 16.99 Exemption of the Immigration and Naturalization Service
Systems-limited access.
* * * * *
(i) The Law Enforcement Support Center Database (LESC) (Justice/
INS-023) system of records is exempt under the provisions of 5 U.S.C.
552a (j)(2) from subsections (c) (3) and (4); (d); (e) (1), (2), (5),
(8) and (g); but only to the extent that this system contains records
within the scope of subsection (j)(2), and to the extent that records
in the system are subject to exemption therefrom. In addition, this
system of records is also exempt in part under the provisions of 5
U.S.C. 552a (k) (2) from subsections (c)(3); (d); (e)(1), but only to
the extent that this system contains records within the scope of
subsection (k)(2), and to the extent that records in the system are
subject to exemption therefrom.
(j) The following justifications apply to the exemptions from
particular subsections:
(1) From subsection (c)(3) for reasons stated in paragraph (h)(1)
of this section.
(2) From subsection (c)(4) from reasons stated in paragraph (h)(2)
of this section.
(3) From the access and amendment provisions of subsection (d)
because access to the records contained in this system of records could
inform the subject of a criminal or civil investigation of the
existence of that investigation; of the nature and scope of the
information and evidence obtained as to their activities; and of
information that may enable the subject to avoid detection or
apprehension. Such disclosures would present a serious impediment to
effective law enforcement where they prevent the successful completion
of the investigation or other law enforcement operation such as
deportation or exclusion. In addition, granting access to these records
could result in a disclosure that would constitute an unwarranted
invasion of the privacy third parties. Amendment of the records would
interfere with ongoing investigations and law enforcement activities
and impose an impossible administrative burden by requiring
investigations to be continuously reinvestigated.
(4) From subsection (e)(1) for reasons stated in paragraph (h)(4)
of this section.
(5) From subsection (e)(2) for reasons stated in paragraph (h)(5)
of this section.
(6) From subsection (e)(3) because the requirement that individuals
supplying information be provided with a form stating the requirements
of subsection (e)(3) would constitute a serious impediment to criminal
law enforcement in that it could compromise the existence of a
confidential investigation.
(7) From subsection (e)(5) for reasons stated in paragraph (h)(7)
of this section.
(8) From subsection (e)(8) for reasons stated in paragraph (h)(8)
of this section.
(9) From subsection (g) to the extent that this system is exempt
from the access and amendment provisions of subsection (d).
[FR Doc. 97-12570 Filed 5-13 -97; 8:45 am]
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