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Federal Register / Vol. 69, No. 91 / Tuesday, May 11, 2004 / Notices
DEPARTMENT OF JUSTICE
Executive Office for Immigration
Review; AAG/A Order No. 007–2004;
Privacy Act of 1974; System of
Records
Pursuant to the provisions of the
Privacy Act of 1974 (5 U.S.C. 552a),
notice is hereby given that the Executive
Office for Immigration Review (EOIR),
Department of Justice, proposes to
modify ‘‘Records and Management
Information System (JUSTICE/EOIR–
001),’’ revisions last published on July
5, 2001 (66 FR 35458), full text last
published October 10, 1995 (60 FR
52694).
The modifications are based, in part,
on a proposed rule, published December
30, 2003 (68 FR 75160) that would
amend the regulations pertaining to
appearances by attorneys and
representatives before EOIR. The
proposed rule would allow EOIR to
collect, electronically, new information
from attorneys and other Immigration
practitioners as a condition of practicing
before Immigration Judges and the
Board of Immigration Appeals. This
new information will consist of the birth
date, the last four digits of the social
security number, bar membership, as
well as the electronic and mailing
addresses, of these attorneys or
representatives, for purposes of secure
communications within an EOIR
electronic case access and filing system.
In addition, language changes have
been made to clarify and simplify
certain routine uses of the information
in the system. Also, the address listed
for EOIR is amended to reflect that the
new location of the EOIR headquarters
is 5107 Leesburg Pike, Suite 2600, Falls
Church, Virginia 22041. Finally, the
Appendix, EOIR–999, which previously
listed EOIR field offices will be
eliminated on the effective date of this
notice. Instead, updated addresses for
EOIR field offices may be located on the
EOIR Web site at http://www.usdoj.gov/
eoir/.
In accordance with 5 U.S.C. 552a(e)(4)
and (11), the public is given a 30-day
period in which to comment on 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, please submit any comments
by June 10, 2004. The public, OMB and
the Congress are invited to submit any
comments to Mary Cahill, Management
Analyst, Management and Planning
Staff, Justice Management Division,
Department of Justice, Washington, DC

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20530 (Room 1400, National Place
Building).
In accordance with 5 U.S.C. 552a(r)
the Department has provided a report to
OMB and the Congress.
Dated: May 4, 2004.
Paul R. Corts,
Assistant Attorney General for
Administration.
JUSTICE/EOIR–001
SYSTEM NAME:

Records and Management Information
System (JUSTICE/EOIR–001).
SECURITY CLASSIFICATION:

Not classified.
SYSTEM LOCATION:

Executive Office for Immigration
Review, Department of Justice, 5107
Leesburg Pike, Suite 2600, Falls Church,
Virginia 22041. The system is also
located in EOIR field offices. The EOIR
Web site, http://www.usdoj.gov/eoir/,
maintains a current address listing of all
EOIR field offices.
CATEGORY OF INDIVIDUALS COVERED BY THE
SYSTEM:

This system contains case-related
information pertaining to aliens and
alleged aliens brought into the
immigration hearing process, including
certain aliens previously or
subsequently admitted for lawful
permanent residence. The system also
includes information pertaining to
attorneys and representatives practicing
before Immigration Judges and the
Board of Immigration Appeals.
CATEGORIES OF RECORDS IN THE SYSTEM:

This system includes the name, file
number, address and nationality of
aliens and alleged aliens, decision
memoranda, investigatory reports and
materials compiled for the purpose of
enforcing immigration laws, exhibits,
transcripts, and other case-related
papers concerning aliens, alleged aliens
or lawful permanent residents brought
into the administrative adjudication
process. The system also includes
electronic records of the names, birth
dates, last four (4) digits of social
security number, bar membership, and
addresses, including electronic
addresses, of attorneys and
representatives practicing before
Immigration Judges, and the Board of
Immigration Appeals.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:

This system is established and
maintained under the authority granted
the Attorney General pursuant to 44
U.S.C. 3101 and 3103 and to fulfill the
legislative mandate under 8 U.S.C. 1103,

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1226 and 1252. Such authority has been
delegated to EOIR by 8 CFR part 1003.
PURPOSE(S):

Information in this system serves as
the official record of immigration
proceedings. EOIR employees use the
information to prepare, process and
track the proceedings. The information
is further used to generate statistical
reports and various documents, i.e.,
hearing calendars and administrative
orders.
ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES OF USERS AND
THE PURPOSES OF SUCH USES:

Information may be disseminated as
follows:
(A) To the Department of State; the
Department of Homeland Security; the
Department of Health and Human
Services; federal courts; the alien or
alleged alien’s representative or attorney
of record; and, to federal, state and local
agencies. Information is disseminated to
the Department of State, pursuant to 8
CFR 208.11, to allow its preparation of
advisory opinions regarding
applications for political asylum; to the
Federal courts to enable their review of
EOIR administrative decisions on
appeal; and, to the representative or
attorney of record to ensure fair
representation. Information is
disseminated to the Department of
Homeland Security as one of the parties
affected by EOIR decisions, and as the
agency which enforces the EOIR
decision on a case. Information is
disseminated to the Department of
Health and Human Services as the
provider of benefits to qualified
immigrants, as well as the custodian of
some immigrants in immigration
proceedings.
(B) To a Member of Congress or staff
acting upon the Member’s behalf when
the Member or staff requests the
information on behalf of and at the
request of the individual who is the
subject of the record.
(C) To the news 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.
(D) To the National Archives and
Records Administration in records
management inspections conducted
under the authority of 44 U.S.C. 2904
and 2906.
(E) Where a record either on its face
or in conjunction with other
information, indicates a violation or
potential violation of law—criminal,
civil, or regulatory in nature—the

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Federal Register / Vol. 69, No. 91 / Tuesday, May 11, 2004 / Notices

relevant records may be referred to the
appropriate federal, state, local, foreign,
or tribal, law enforcement authority or
other appropriate agency charged with
the responsibility of investigating or
prosecuting such a violation or
enforcing or implementing such law.
(F) In an appropriate proceeding
before a court, or administrative or
adjudicative body, when the
Department of Justice determines that
the records are arguably relevant to the
proceeding; or in an appropriate
proceeding before an administrative or
adjudicative body when the adjudicator
holds the records to be relevant to the
proceeding.
(G) Relevant information contained in
this system of records may also be
released to contractors, grantees,
experts, consultants, students, and
others performing or working on a
contract, service, grant, cooperative
agreement, or other assignment for the
Federal Government, when necessary to
accomplish an agency function related
to this system of records.
(H) The Department of Justice may
disclose relevant and necessary
information to a former employee of the
Department for purposes of: Responding
to an official inquiry by a federal, state,
or local government entity or
professional licensing authority, in
accordance with applicable Department
regulations; or facilitating
communications with a former
employee that may be necessary for
personnel-related or other official
purposes where the Department requires
information and/or consultation
assistance from the former employee
regarding a matter within that person’s
former area of responsibility.

SAFEGUARDS:

DISCLOSURE TO CONSUMER REPORTING
AGENCIES:

RECORD ACCESS PROCEDURES:

Not applicable.
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 file cabinets. A
subset of the records is maintained on
fixed disks or removable disk packs
which are stored in file cabinets. All
records are stored in secured EOIR
office space.
RETRIEVABILITY:

Manual records are indexed by alien
file number. Automated records are
retrievable by a variety of identifying
data elements including, but not limited
to, alien file number, alien name and
nationality, and attorney’s or
representative’s name and UserId.

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Information maintained in the system
is safeguarded in accordance with
Department of Justice 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 disk packs which are stored
in cabinets. Only EOIR employees in
possession of specific access codes and
passwords will be able to generally
access automated information. In
addition, attorneys or authorized
representatives will be able to access
information specifically related to their
case through the use of a secure UserId
and password. All manual and
automated records and mediums are
located in EOIR office space accessible
only to EOIR employees and locked
during off-duty hours.
RETENTION AND DISPOSAL:

Record files are retained for six
months after the final disposition of the
case, then forwarded to regional Federal
Records Centers. Automated records are
maintained in EOIR field office data
bases for ninety days after final
disposition, then transferred to the host
computer at EOIR headquarters and
retained in accordance with the General
Record Schedule filed with the National
Archives and Records Administration.

concisely what information is being
contested, the reason for contesting it,
and the proposed amendment to the
information.
RECORD SOURCE CATEGORIES:

Department of Justice offices and
employees, the Department of
Homeland Security, the Department of
State, the Department of Health and
Human Services, and other federal, state
and local agencies; and the parties to
immigration proceedings, their
attorneys or representatives, and their
witnesses.
EXEMPTIONS CLAIMED FOR THE SYSTEM:

The Attorney General has exempted
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
promulgated in accordance with the
requirements of 5 U.S.C. 553 (b), (c) and
(e) and have been published in the
Federal Register and are codified at 28
CFR 16.83 (a) and (b).
[FR Doc. 04–10564 Filed 5–10–04; 8:45 am]
BILLING CODE 4410–30–P

DEPARTMENT OF LABOR

SYSTEM MANAGER(S) AND ADDRESSES:

General Counsel, Executive Office for
Immigration Review, U.S. Department of
Justice, 5107 Leesburg Pike, Suite 2600,
Falls Church, Virginia 22041.
NOTIFICATION PROCEDURE:

Address all inquiries to the system
manager listed above.
Portions of this system are exempt
from disclosure and contest by 5 U.S.C.
522a (k)(1) and (k)(2). Make all request
for access to those portions not so
exempted by writing to the system
manager identified above. Clearly mark
the envelope and letter ‘‘Privacy Access
Requests’’: provide the full name and
notarized signature, or dated signature
under penalty of perjury, of the
individual who is the subject of the
record, his/her date and place of birth,
or any other identifying number or
information which may assist in
locating the record; and, a return
address.
CONTESTING RECORD PROCEDURES:

Direct all requests to contest or amend
information maintained to the system
manager listed above. Provide the
information required under ‘‘Record
Access Procedure.’’ State clearly and

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Employment and Training
Administration
[TA–W–53,901]

Delaine Worsted Mills, Inc., Gastonia,
NC; Dismissal of Application for
Reconsideration
Pursuant to 29 CFR 90.18(c) an
application for administrative
reconsideration was filed with the
Director of the Division of Trade
Adjustment Assistance for workers at
Delaine Worsted Mills, Inc., Gastonia,
North Carolina. The application
contained no new substantial
information which would bear
importantly on the Department’s
determination. Therefore, dismissal of
the application was issued.
TA–W–53,901; Delaine Worsted Mills, Inc.,
Gastonia, North Carolina (April 28, 2004)
Signed in Washington, DC this 3rd day of
May 2004.
Timothy Sullivan,
Director, Division of Trade Adjustment
Assistance.
[FR Doc. E4–1066 Filed 5–10–04; 8:45 am]
BILLING CODE 4510–13–P

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