[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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