[Federal Register Volume 65, Number 77 (Thursday, April 20, 2000)]
[Rules and Regulations]
[Page 21139]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-9744]


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DEPARTMENT OF JUSTICE

28 CFR Part 16

[AAG/A Order No. 196-2000]


Privacy Act of 1974; Implementation

AGENCY: Department of Justice.

ACTION: Final rule.

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SUMMARY: The Department of Justice is exempting a Privacy Act system of 
records from subsections (c)(3) and (4); (d); (e)(1), (2), (3), (5), 
and (8); and (g) of the Privacy Act. 5 U.S.C. 552a. This system of 
records is maintained by the Immigration and Naturalization Service 
(INS) and is entitled ``Attorney/Representative Complaint/Petitiion 
Files, JUSTICE/INS-022.''
    Information in this system relates to complaints filed against 
nonagency attorneys and/or representatives who have engaged in 
unethical or unprofessional activities. The exemptions are necessary to 
avoid interference during the conduct of criminal, civil, or 
administrative actions or investigations. Specifically, the exemptions 
are necessary to prevent subjects of investigations from frustrating 
the investigatory process. The exemptions are necessary to avoid 
interference during the conduct of civil or administrative actions or 
investigations.

EFFECTIVE DATE: April 20, 2000.

FOR FURTHER INFORMATION CONTACT: Mary Cahill--202-307-1823.

SUPPLEMENTARY INFORMATION: On December 16, 1999 (64 FR 70203) a 
proposed rule was published in the Federal Register with an invitation 
to comment. No comments were received.
    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.''

List of Subjects in 28 CFR Part 16

    Administrative Practices and Procedures, Courts, Freedom of 
Information Act, Government in the Sunshine Act, and the Privacy Act.

    Dated: April 5, 2000.
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 16.99 is amended by adding paragraphs (k) and (l) to read 
as follows:


Sec. 16.99  Exemption of the Immigration and Naturalization Service 
Systems-limited access.

* * * * *
    (k) The Attorney/Representative Complaint/Petition File (JUSTICE/
INS-022) system of records is exempt under the provisions of 5 U.S.C. 
552a (j)(2) from subsections (c)(3) and (4); (d); (e)(1), (2), (3), 
(5), and (8); and (g); but only to the extent that this system contains 
records within the scope of subsection (j)(2), and to the extent that 
records in this system are subject to exemption therefrom. In addition, 
this system of records is also exempt in part under the provisions of 5 
U.S.C. 552a (k)(2) from subsections (c)(3); (d); and (e)(1), but only 
to the extent that this system contains records within the scope of 
subsection (k)(2), and to the extent that records in this system are 
subject to exemption therefrom.
    (l) The following justifications apply to the exemptions from 
particular subsections:
    (1) From subsection (c)(3) for reasons stated in paragraph (h)(1) 
of this section.
    (2) From subsection (c)(4) for reasons stated in paragraph (h)(2) 
of this section.
    (3) From the access and amendment provisions of subsection (d) for 
reasons stated in paragraph (h)(3) of this section.
    (4) From subsection (e)(1) for reasons stated in paragraph (h)(4) 
of this section.
    (5) From subsection (e)(2) for reasons stated in paragraph (h)(5) 
of this section.
    (6) From subsection (e)(3) for reasons stated in paragraph (h)(6) 
of this section.
    (7) From subsection (e)(5) for reasons stated in paragraph (h)(7) 
of this section.
    (8) From subsection (e)(8) for reasons stated in paragraph (h)(8) 
of this section.
    (9) From subsection (g) to the extent that the system is exempt 
from the access and amendment provisions of subsection (d).

[FR Doc. 00-9744 Filed 4-19-00; 8:45 am]
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