[Federal Register Volume 64, Number 219 (Monday, November 15, 1999)]
[Rules and Regulations]
[Pages 61786-61787]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-29509]
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DEPARTMENT OF JUSTICE
Executive Office for Immigration Review
28 CFR Part 16
[AAG/A Order No. 180-99]
Privacy Act of 1974; Implementation
AGENCY: Executive Office for Immigration Review, Department of Justice.
ACTION: Final rule.
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SUMMARY: The Department of Justice is exempting 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) contains 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.
DATE: This rule will be effective November 15, 1999.
FOR FURTHER INFORMATION CONTACT: Mary E. Cahill, (202) 307-1823.
SUPPLEMENTARY INFORMATION: A proposed rule with invitation to comment
was published in the Federal Register on September 10, 1999 at 64 FR
49117. No comments were received.
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. 12866, 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.
[[Page 61787]]
Dated: November 2, 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,
28 CFR part 16 is amended as follows:
PART 16--[AMENDED]
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 16.83 is amended 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 form 5 U.S.C.
552a(d).
(1) Practitioner Compliant/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. 99-29509 Filed 11-12-99; 8:45 am]
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