[Federal Register Volume 64, Number 175 (Friday, September 10, 1999)]
[Proposed Rules]
[Pages 49117-49118]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-23602]
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DEPARTMENT OF JUSTICE
Executive Office for Immigration Review
28 CFR Part 16
[AAG/A Order No. 174-99]
Exemption of Records System Under the Privacy Act
AGENCY: Executive Office for Immigration Review, 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 subsection (d) of the Privacy Act, 5 U.S.C.
552a. This system of records, the ``Practitioner Complaint/Disciplinary
Files,'' (Justice/EOIR-003) may contain information which relates to
official Federal investigations and matters of law and regulatory
enforcement of the Executive Office for Immigration Review (EOIR).
Accordingly, where applicable, the exemptions are necessary to avoid
interference with the law and regulatory enforcement functions of EOIR.
Specifically, the exemptions are necessary for the following: To
prevent subjects of investigations from frustrating the investigatory
process; to preclude the disclosure of investigative techniques; to
impede the identification of confidential sources and of law and
regulatory enforcement personnel, as well as to protect their physical
safety; to ensure EOIR's ability to obtain facts from information
sources; to protect the privacy of third parties; and to safeguard
classified information as required by Executive Order 12958.
DATES: Submit any comments by October 12, 1999.
ADDRESSES: Address any comments to Mary E. Cahill, Management and
Planning Staff, Justice Management Division, Department of Justice,
Washington, DC 20530 (Room 1400, National Place Building).
FOR FURTHER INFORMATION CONTACT: Mary E. Cahill, (202) 307-1823.
SUPPLEMENTARY INFORMATION: In the notice section of todays' Federal
Register, the Department of Justice provides a description of the
``Practitioner Complaint/Disciplinary Files (JUSTICE/EOIR 003).''
Regulatory Flexibility Act
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.''
Executive Order 12988
The rule complies with the applicable standards provided in
sections 3(a) and 3(b)(2) of Executive Order No. 12988.
Executive Order 12866
The Attorney General has determined that this rule is not a
significant regulatory action under Executive Order No. 12966, and
accordingly, this rule has not been reviewed by the Office of
Management and Budget.
List of Subjects in Part 16
Administrative Practices and Procedures, Courts, Freedom of
Information Act, Privacy Act, and Government in Sunshine Act.
Dated: August 25, 1999.
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 29 CFR part 16 as follows:
PART 16--[AMENDED]
1. The authority for part 16 continues to read as follows:
[[Page 49118]]
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 16.83 by adding paragraphs (c)
and (d) to read as follows:
Sec. 16.83 Exemption of the Executive Office for Immigration Review
System--limited access.
* * * * *
(c) The following system of records is exempted from 5 U.S.C.
552a(d).
(1) Practitioner Complaint/Disciplinary Files (JUSTICE/EOIR 003).
This exemption applies only to the extent that information in this
system is subject to exemption pursuant to 5 U.S.C. 552a(j)(2), (k)(1),
and (k)(2). To the extent that information in a record pertaining to an
individual does not relate to national defense or foreign policy,
official Federal investigations, and/or law enforcement matters, the
exemption does not apply. In addition, where compliance would not
appear to interfere with or adversely affect the overall law or
regulatory enforcement process, the applicable exemption may be waived
by the Executive Office for Immigration Review.
(d) Exemption from subsection (d) is justified for the following
reasons:
(1) 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 the investigation of an actual or potential
criminal, civil, or regulatory violation or the existence of that
investigation; of the nature and scope of the information and evidence
obtained as to the subject's activities; of the identity of
confidential sources, witnesses, and law enforcement personnel; and of
information that may enable the subject to avoid detection or
apprehension. These factors would present a serious impediment to
effective law and regulatory enforcement where they prevent the
successful completion of the investigation, endanger the physical
safety of confidential sources, witnesses, and law enforcement
personnel, and/or lead to the improper influencing of witnesses, the
destruction of evidence, or the fabrication of testimony. In addition,
granting access to such information could disclose security-sensitive
or confidential business information or information that would
constitute an unwarranted invasion of the personal privacy of third
parties. Finally, access to the records could result in the release of
properly classified information which would compromise the national
defense or disrupt foreign policy. Amendment of the records would
interfere with ongoing investigations and law enforcement activities
and impose an enormous administrative burden by requiring
investigations to be continuously reinvestigated.
[FR Doc. 99-23602 Filed 9-9-99; 8:45 am]
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