Privacy Act of 1974; Implementation

DEPARTMENT OF JUSTICE

28 CFR Part 16

[AAG/A Order No. 186-99]

Privacy Act of 1974; Implementation

AGENCY: Department of Justice.

ACTION: Proposed rule.

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SUMMARY: The Department of Justice proposes to exempt 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. The

system of records is the ``Worksite Enforcement Activity Record and

Index (LYNX), JUSTICE/INS-025.''

The ``Worksite Enforcement Activity and Records Index (LYNX),

JUSTICE/INS-025'' relates to each enforcement inspection or

investigation pursued under the Immigration and Nationality Act,

Section 274A(e), involving a specific individual employer. 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.

DATE: Submit any comments by January 18, 2000.

ADDRESSES: Address all comments to Mary Cahill, Management Analyst,

Management and Planning Staff, Justice Management Division, Department

of Justice, Washington, DC 20530 (Room 1400, National Place Building).

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

SUPPLEMENTARY INFORMATION: In the notice section of today's Federal

Register, the Department of Justice provides a description of the

``Worksite Enforcement Activity and Records Index (LYNX), JUSTICE/INS-

025.'' 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 Part 16

Administrative Practices and Procedures, Courts, Freedom of

Information Act, Government in the Sunshine Act, and the Privacy Act.

Dated: December 6, 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,

it is proposed to amend part 16 of Title 28 of the Code of Federal

Regulations 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. It is proposed to amend 28 CFR 16.99 by adding paragraphs (m)

and (n) to read as follows:

Sec. 16.99 Exemption of the Immigration and Naturalization Service

Systems-limited access

* * * * *

(m) The Worksite Enforcement Activity and Records Index (LYNX)

(JUSTICE/INS-025) 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.

(n) The following justifications apply to the exemptions from

particular subsections:

(1) From subsection (c)(3) for reasons stated in paragraph (h)(1)

above.

(2) From subsection (c)(4) for reasons stated in paragraph (h)(2)

above.

(3) From the access and amendment provisions of subsection (d) for

reasons stated in paragraph (h)(3) above.

(4) From subsection (e)(1) for reasons stated in paragraph (h)(4)

above.

(5) From subsection (e)(2) for reasons stated in paragraph (h)(5)

above.

(6) From subsection (e)(3) for reasons stated in paragraph (h)(6)

above.

(7) From subsection (e)(5) for reasons stated in paragraph (h)(7)

above.

(8) From subsection (e)(8) for reasons stated in paragraph (h)(8)

above.

(9) From subsection (g) to the extent that the system is exempt

from the access and amendment provisions of subsection (d).

[FR Doc. 99-32615 Filed 12-15-99; 8:45 am]

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