[Federal Register Volume 64, Number 175 (Friday, September 10, 1999)]
[Notices]
[Pages 49237-49238]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-23601]


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DEPARTMENT OF JUSTICE

[AAG/A Order No. 173-99]


Privacy Act of 1974; Notice of New System of Records

    Pursuant to the provisions of the Privacy Act of 1974 (5 U.S.C. 
552a) (``Act''), notice is hereby given that the Department of Justice 
proposes to establish a new system of records to be maintained by the 
Executive Office for Immigration Review (EOIR).
    The record keeping system, designated as Practitioner Complaint/
Disciplinary Files, is a new system of records for which no public 
notice consistent with the provisions of 5 U.S.C. 552a(e)(4) and (11) 
has been published to date.
    Title 5 U.S.C. 552a(e)(4) and (11) provide that the public be given 
a 30-day period in which to comment on the new routine uses of the 
system of records; the Office of Management and Budget (OMB), which has 
oversight responsibility under the Act, requires a 40-day period in 
which to conclude its review of the system. Therefore, we invite the 
public, OMB, and the Congress to submit comments within 30 days from 
the publication date of this notice to Mary E. Cahill, Management and 
Planning Staff, Justice Management Division, U.S. 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 Congress.

    Dated: August 25, 1999.
Stephen R. Colgate,
Assistant Attorney General for Administration.
JUSTICE/EOIR-003

SYSTEM NAME:
    Practitioner Complaint/Disciplinary Files.

SYSTEM LOCATION:
    United States Department of Justice (DOJ), Executive Office for 
Immigration Review (EOIR), 5107 Leesburg Pike, Suite 2400, Falls 
Church, VA 22041; and at EOIR field offices as detailed in Justice/
EOIR-999, most recently published April 13, 1999 at 64 FR 18051.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Attorneys and authorized representatives, as defined under 8 CFR 
292.1, who have been subject to disciplinary complaints filed with, or 
received by, EOIR, including complaints from any source whatsoever; 
complaints who file complaints against such attorneys and authorized 
representatives.

CATEGORIES OF RECORDS IN THE SYSTEM:
    The system contains the following categories of records: Complaints 
filed by any person or organization; records of state disciplinary 
authority proceedings; criminal conviction records; investigatory 
records, including preliminary inquiry reports; communications with 
individuals and/or outside agencies concerning disciplinary 
investigations and proceedings; interagency communications; copies of 
Notices of Intent to Discipline (NID) filed by EOIR and/or the 
Immigration and Naturalization Service (INS), together with supporting 
documentation; disciplinary proceeding transcripts; and settlement 
agreements and other dispositions, including administrative 
disciplinary decisions.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    Sec. 292 of the Immigration and Nationality Act, as amended at 8 
U.S.C. 1362 and 8 CFR part 3.

PURPOSE(S):
    Information in the system is used by the office of the General 
Counsel, EOIR, in conducting disciplinary investigations and 
instituting disciplinary proceedings against immigration practitioners. 
The records are used in, and provide documentation of, among other 
things, disciplinary investigations and formal proceedings instituted 
by EOIR. The information may be further used to generate statistical 
reports and various administrative records, including docket printouts.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND THE PURPOSE OF SUCH USES:
    EOIR may disclose relevant information as follows:
    (1) To Federal or state agencies as required by law;
    (2) In any proceeding before an adjudicative body before which DOJ, 
or any DOJ component or subdivision thereof, is authorized to appear 
and when any of the following is a party to litigation or has an 
interest in litigation and such records are determined by DOJ, or any 
component or subdivision thereof, to be arguably relevant to the 
litigation: DOJ or any DOJ components thereof; any DOJ employee in his/
her official capacity; any DOJ employee in his/her individual capacity 
where DOJ has agreed to represent the employee; or the United States 
where DOJ, or any DOJ component thereof, determines that

[[Page 49238]]

litigation is likely to affect it or any of its subdivisions;
    (3) To an actual or potential party, including an immigration 
practitioner, or to his or her attorney of record, for the purpose of 
negotiation or discussion on such matters as settlement of a case or 
matter, conducting informal discovery proceedings involving records in 
this system, or to otherwise ensure fair representation;
    (4) To complainants who file disciplinary complaints, or to their 
counsel of record;
    (5) To Federal, state, and local authorities, including, but not 
limited to, state bar grievance committees and other attorney 
discipline authorities for possible disbarment or disciplinary 
proceedings;
    (6) In any disciplinary complaint in which there is an indication 
of a violation or potential violation of law, whether civil, criminal, 
or regulatory in nature, information, including investigatory 
information, may be disseminated to the appropriate agency (including 
any Federal, state, local, foreign, or tribal authority) charged with 
the responsibility of investigating or prosecuting such violation or 
with enforcing or implementing such law;
    (7) To Members of Congress or their staff acting upon the Member's 
behalf where the Member or staff requests the information on behalf of, 
and at the request of, the individual who is the subject of the record;
    (8) To any Federal agency or to any individual or organization for 
the purpose of performing audit or oversight operations of DOJ and to 
meet related reporting requirements;
    (9) To the new media and the public pursuant to 28 CFR 50.2 unless 
it is determined that release of the specific information in the 
context of a particular case would constitute an unwarranted invasion 
of personal privacy; and
    (10) To the National Archives and Records Administration (NARA) in 
records management inspections that may be conducted under the 
authority of 44 U.S.C. 2904 and 2906.

POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, 
AND DISPOSING OF RECORDS IN THE SYSTEM:
Storage:
    Records are maintained in file folders which are stored in filing 
cabinets. A subset of records are maintained on fixed magnetic disks or 
removable diskettes which are stored in filing cabinets. All records 
are stored in secured EOIR office space.

Retrieval:
    Records are retrieved by name and/or docket number of the 
individual who is subject to the disciplinary proceeding.

Safeguards:
    Information maintained in the system is safeguarded in accordance 
with DOJ rules and procedures. Record files are maintained in file 
cabinets accessible only to EOIR employees. Automated information is 
stored on either fixed disks or removable diskette packs which are 
stored in filing cabinets or computers which may be accessed only 
through the use of passwords and/or name identifications issued to 
authorized EOIR employees. All manual and automated mediums are located 
in EOIR office space accessible only to EOIR employees and locked 
during off-duty hours.

RETENTION AND DISPOSAL:
    Record files are maintained for six months after final disposition 
of the case, then forwarded to regional Federal Records Centers. 
Automated records are maintained at EOIR headquarters indefinitely.

SYSTEM MANAGER(S) AND ADDRESS:
    Director, Executive Office for Immigration Review (EOIR), 5107 
Leesburg Pike, Suite 2400, Falls Church, VA 22041.

NOTIFICATION PROCEDURES:
    Same as Records Access Procedures.

RECORDS ACCESS PROCEDURES:
    Portions of this system may be exempt from disclosure and contest 
pursuant to 5 U.S.C. 552a(k)(1) and (k)(2). Any individual desiring to 
contest or amend information not subject to exemption must direct his/
her request to the system manager noted above. In all cases, requests 
for access to a record shall be made in writing. Written requests may 
be submitted by mail or in person. Clearly mark the envelope and letter 
``Privacy Access Request'' and provide the full name and notarized 
signature of the individual who is the subject of the record and any 
other identifying number or information that may assist in locating the 
record in accordance with 28 CFR 16.41(d), and a return address.

Contesting Records Procedures:
    Direct all requests to contest or amend information maintained in 
the system to the system manager listed above in the manner described 
above in Records Access Procedures. State clearly and concisely what 
information is being contested, the reasons for contesting it, and the 
proposed amendment to the information.

Records Source Categories:
    Law enforcement agencies, Federal and state courts, state bar 
licensing authorities, state bar grievance and/or disciplinary 
agencies, immigration practitioners responses during disciplinary 
proceedings, and inquiries and/or complaints from witnesses or members 
of the general public, including supporting documentation.

Systems Exempted From Certain Provisions of the Act:
    The Attorney General has proposed to exempt certain records of this 
system from the access provisions of the Privacy Act (5 U.S.C. 
552a(d)), pursuant to 5 U.S.C. 552a(k)(1) and (k)(2). Rules have been 
proposed in accordance with the requirements of 5 U.S.C. 553 (b), (c), 
and (e), and have been published as of this date in the Federal 
Register.

[FR Doc. 99-23601 Filed 9-9-99; 8:45 am]
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