[Federal Register Volume 62, Number 160 (Tuesday, August 19, 1997)]
[Rules and Regulations]
[Page 44083]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-21856]



[[Page 44083]]

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DEPARTMENT OF JUSTICE

28 CFR Part 16

[AGA/A Order No. 142-97]


Exemption of Records Systems Under the Privacy Act

AGENCY: Department of Justice.

ACTION: Final rule.

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SUMMARY: The Department of Justice is exempting 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 maintained by the Immigration and Naturalization Service (INS) and 
is entitled ``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.

EFFECTIVE DATE: August 19, 1997.

FOR FURTHER INFORMATION CONTACT:
Patricia E. Neely--202-616-0178.

SUPPLEMENTARY INFORMATION: On May 14, 1997 (62 FR 26458) a proposed 
rule was published in the Federal Register with an invitation to 
comment. No comments were received.
    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 ``significant economic impact on a substantial number of 
small entities.''

List of Subjects in Part 15

    Administrative Practices and Procedures, Courts, Freedom of 
Information Act, Government in the Sunshine Act, and the Privacy Act.

    Dated: July 31, 1997.
Michael J. Roper,
Acting 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, 
28 CFR part 16 is amended 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. 28 CFR 16.99 is amended by adding paragraphs (i) and (j) to read 
as follows:\1\
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    \1\ Paragraphs (g) and (h) were published in the Federal 
Register on June 25, 1997 (62 FR 34169).
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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), (3), 
(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); and (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) for 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 of 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. 97-21856 Filed 8-18-97; 8:45 am]
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