[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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