[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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