Privacy Act of 1974; Systems of Records, 42016-42020 [2019-17364]

Agencies

• Department of Justice

[Federal Register Volume 84, Number 159 (Friday, August 16, 2019)]
[Notices]
[Pages 42016-42020]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-17364]


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DEPARTMENT OF JUSTICE

[CPCLO Order No. 004-2019]


Privacy Act of 1974; Systems of Records

AGENCY: Executive Office for Immigration Review, United States 
Department of Justice.

ACTION: Notice of a new system of records.

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SUMMARY: Pursuant to the Privacy Act of 1974, and Office of Management 
and Budget (OMB) Circular No. A-108, notice is hereby given that the 
Executive Office for Immigration Review (EOIR), a component within the 
United States Department of Justice (DOJ or Department), proposes to 
develop a new system of records titled Office of the Chief 
Administrative Hearing Officer (OCAHO) Case Management System (CMS), 
JUSTICE/EOIR-002. The EOIR proposes to establish this system of records 
to track and manage case information and documents for OCAHO cases. The 
system provides an electronic platform to track cases and 
electronically maintain records previously maintained in paper form for 
the purpose of more efficiently managing these records and providing 
better access to the records for parties to the proceedings.

DATES: In accordance with 5 U.S.C. 552a(e)(4) and (11), this system of 
records will begin operation on the publication date, subject to a 30-
day period in which to comment on the routine uses, described below. 
Please submit any comments by September 16, 2019.

ADDRESSES: The public, OMB, and Congress are invited to submit any

[[Page 42017]]

comments to the United States Department of Justice, Office of Privacy 
and Civil Liberties, ATTN: Privacy Analyst, 145 N Street NE, Suite 
8W.300, Washington, DC 20530, or by facsimile at 202-307-0693, or email 
at [email protected]. To ensure proper handling, please 
reference the above CPCLO Order No. on your correspondence.

FOR FURTHER INFORMATION CONTACT: Marta Rothwarf and Michelle Curry, 
Associate General Counsels and Co-Senior Component Officials for 
Privacy, Office of the General Counsel, Executive Office for 
Immigration Review, 5107 Leesburg Pike, Suite 2600, Falls Church, VA 
22041, by email at [email protected] and 
[email protected], or by facsimile at 703-305-0443.

SUPPLEMENTARY INFORMATION: EOIR proposes to establish a new system of 
records subject to the Privacy Act of 1974, 5 U.S.C. 552a. The proposed 
system of records will be used by OCAHO to facilitate adjudication of 
its cases, track and manage cases and records, consisting of paper and 
electronic files maintained by OCAHO. The records to be maintained in 
this new system historically have been included as part of EOIR-001, 
Records and Management Information System. They are being transferred 
into this new system to improve efficiency, improve records management 
practices, and provide more convenient access for parties to 
proceedings.
    OCAHO Administrative Law Judges (ALJs) hear cases and adjudicate 
issues arising under the provisions of the Immigration and Nationality 
Act (INA) relating to: (1) Knowingly hiring, recruiting or referring 
for a fee, or continuing to employ unauthorized aliens, failure to 
comply with employment eligibility verification requirements, and 
requiring indemnity bonds from employees in violation of section 274A 
of the INA (8 U.S.C. 1324a); (2) immigration-related unfair employment 
practices in violation of section 274B of the INA (8 U.S.C. 1324b); and 
(3) immigration-related document fraud in violation of section 274C of 
the INA (8 U.S.C. 1324c).
    Complaints under sections 274A and 274C of the INA are filed by the 
U.S. Department of Homeland Security, Immigration and Customs 
Enforcement. Complaints under section 274B of the INA may be filed by 
private individuals or entities, or by the U.S. Department of Justice, 
Civil Rights Division, Immigrant and Employee Rights Section. The 
respondents in the cases handled by OCAHO are typically businesses or 
employers. The parties to 274A and 274C cases may seek administrative 
review of ALJ decisions and orders by the Chief Administrative Hearing 
Officer (CAHO). Parties in all OCAHO cases may appeal final agency 
orders to the appropriate United States Circuit Court of Appeals.
    In connection with the cases and appeals handled by OCAHO, it 
collects certain information and documents from and about complainants 
and respondents. The Immigrant and Employee Rights Section (DOJ/CRT) 
and Immigration and Customs Enforcement (DHS), which file complaints 
with OCAHO, often will submit investigatory records as exhibits or 
attachments to their filings. These investigatory records may include 
notices of inspection, summaries of inspection results, affidavits or 
memoranda from investigators, results from searches of internal agency 
databases, and other records related to their investigations. The 
exhibits or attachments then become part of OCAHO's official case 
record. As a result, these investigatory records may be exempt from 
access or amendment rights.
    To improve tracking and storage of case-related information and 
documents, OCAHO is implementing a new electronic case management 
system (CMS). The OCAHO CMS will manage the entire life cycle of 
OCAHO's case processes, including: (1) Tracking and managing case 
information and documents from complaint through adjudication, review, 
and when applicable, appeal; (2) facilitating case research; (3) and 
reporting on key business functions and metrics. The OCAHO CMS includes 
an electronic filing capability, which will enable parties to submit 
case information and documents electronically through a secure web-
based portal. The portal will also provide notifications and updates on 
case status to system users, and will allow authorized parties to a 
proceeding to access copies of case-related documents electronically. 
The system contains templates to generate letters, notices, and 
decisions used in the OCAHO adjudicatory process, and the system 
generates reports by case status and disposition.
    Information from the system may be shared pursuant to the 
requirements of the Privacy Act and, in the case of its routine uses, 
when the disclosure is compatible with the purpose for which the 
information was collected. The system is segregated by ``need to know'' 
user controls, and allows authorized users to track various stages of 
the proceedings.
    In accordance with 5 U.S.C. 552a(r), the Department has provided a 
report to OMB and Congress on this new system of records.

    Dated: August 7, 2019.
Peter A. Winn,
Acting Chief Privacy and Civil Liberties Officer United States 
Department of Justice.
JUSTICE/EOIR-002

SYSTEM NAME AND NUMBER:
    EOIR-002, Office of the Chief Administrative Hearing Officer 
(OCAHO) Case Management System (CMS).

SECURITY CLASSIFICATION:
    Unclassified.

SYSTEM LOCATION:
    Office of Information Technology, 5109 Leesburg Pike, Suite 900, 
Falls Church, VA 22041 and EOIR OCAHO, 5107 Leesburg Pike, Suite 2500, 
Falls Church, VA 22041.

SYSTEM MANAGER(S):
    EOIR Chief Information Officer, Office of Information Technology, 
5109 Leesburg Pike, Suite 900, Falls Church, VA 22041 and EOIR OCAHO, 
5107 Leesburg Pike, Suite 2500, Falls Church, VA 22041.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    8 U.S.C. 1324a; 8 U.S.C. 1324b; 8 U.S.C. 1324c; 28 CFR part 68 and 
8 CFR 1003.0.

PURPOSE(S) OF THE SYSTEM:
    The system will manage the entire life cycle of OCAHO's case 
processes, reviews and appeals, from the filing of complaints through 
adjudication, review, and when applicable, appeals, including tracking, 
managing, and storing all case-related information and documents, 
facilitating case research, and reporting and creating statistics on 
key business functions and metrics. The scope of the system of records, 
as proposed, is commensurate with the purpose(s) of the system because 
the records collected are limited to those necessary to exercise 
actions required for the adjudication and review of cases by OCAHO.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    The system will include information pertaining to individuals who 
appear as complainants or respondents in OCAHO cases, other individuals 
directly or indirectly involved in these proceedings, including 
investigators, witnesses, and others involved with the business in 
question, adjudicators such as the ALJs, the CAHO, OCAHO personnel as 
necessary, as well as individuals who appear as attorneys or

[[Page 42018]]

representatives for complainants or respondents in OCAHO cases.

CATEGORIES OF RECORDS IN THE SYSTEM:
    The system contains paper and electronic case-related information 
for the following categories of records: Complaints; petitions for 
review; answers and responses; subpoenas; motions, requests, and 
briefs; exhibits and other supporting documentation; investigatory 
records, including, but not limited to, notices of inspection, 
summaries of inspection results, affidavits or memoranda from 
investigators, and results from searches of internal agency databases; 
and notices, orders, and decisions issued by OCAHO ALJs and the CAHO. 
Records maintained within the system may include: CAHO and adjudicator 
names and electronic signatures; the parties' full names; addresses; 
phone numbers; email addresses; business and employment records 
(including copies of Employment Eligibility Verification Forms (Forms 
I-9) that may contain social security numbers, payroll records, and 
other similar records); electronic signatures; and, in some cases, 
information about an individual complainant's citizenship or 
immigration status.
    In order to register and create an account to use the web-based 
portal, individuals will be asked to provide their first and last name, 
the office or agency that they are associated with (if applicable), 
their email address, and a user-chosen password.

RECORD SOURCE CATEGORIES:
    Records contained within the system may be submitted by the parties 
to OCAHO cases and/or their attorneys or representatives or may be 
generated by the courts and court personnel. Parties may include 
individuals, businesses or non-profit entities, and Federal Government 
agencies (Immigration and Customs Enforcement in the Department of 
Homeland Security, and the Immigrant and Employee Rights Section in the 
Civil Rights Division of the Department of Justice).

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND THE PURPOSES OF SUCH USES:
    In addition to those disclosures generally permitted under 5 U.S.C. 
552a(b), all or a portion of the records or information contained in 
this system of records may be disclosed as a routine use pursuant to 5 
U.S.C. 552a(b)(3) under the circumstances or for the purposes described 
below, to the extent such disclosures are compatible with the purposes 
for which the information was collected:
    1. Where a record, either alone or in conjunction with other 
information, indicates a violation or potential violation of law--
criminal, civil, or regulatory in nature--the relevant records may be 
referred to the appropriate federal, state, local, territorial, tribal, 
or foreign law enforcement authority or other appropriate entity 
charged with the responsibility for investigating or prosecuting such 
violation or charged with enforcing or implementing such law.
    2. To complainants and/or victims to the extent necessary to 
provide such persons with information and explanations concerning the 
progress and/or results of the investigation or case arising from the 
matters of which they complained and/or of which they were a victim.
    3. To any person or entity that EOIR/OCAHO has reason to believe 
possesses information regarding a matter within the jurisdiction of 
EOIR/OCAHO, to the extent deemed to be necessary by EOIR/OCAHO in order 
to elicit such information or cooperation from the recipient for use in 
the performance of an EOIR/OCAHO authorized activity.
    4. In an appropriate proceeding before a court, grand jury, 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 determines the records to be relevant to the 
proceeding.
    5. To an actual or potential party to litigation or the party's 
authorized representative for the purpose of negotiation or discussion 
of such matters as settlement, plea bargaining, or informal discovery 
proceedings.
    6. To the news media and the public, including disclosures 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.
    7. 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.
    8. To designated officers and employees of state, local, 
territorial, or tribal law enforcement or detention agencies in 
connection with the hiring or continued employment of an employee or 
contractor, where the employee or contractor would occupy or occupies a 
position of public trust as a law enforcement officer or detention 
officer having direct contact with the public or with prisoners or 
detainees, to the extent that the information is relevant and necessary 
to the recipient agency's decision.
    9. To appropriate officials and employees of a Federal agency or 
entity that requires information relevant to a decision concerning the 
hiring, appointment, or retention of an employee; the assignment, 
detail, or deployment of an employee; the issuance, renewal, 
suspension, or revocation of a security clearance; the execution of a 
security or suitability investigation; the letting of a contract, or 
the issuance of a grant or benefit.
    10. 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.
    11. To Federal, state, local, territorial, tribal, foreign, or 
international licensing agencies or associations which require 
information concerning the suitability or eligibility of an individual 
for a license or permit.
    12. 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.
    13. To the National Archives and Records Administration for 
purposes of records management inspections conducted under the 
authority of 44 U.S.C. 2904 and 2906.
    14. To appropriate agencies, entities, and persons when (1) the 
Department suspects or has confirmed that there has been a breach of 
the system of records, (2) the Department has determined that as a 
result of the suspected or confirmed breach there is a risk of harm to 
individuals, the Department (including its information systems, 
programs, and operations), the Federal Government, or national 
security, and (3) the disclosure made to such agencies, entities, and 
persons is reasonably necessary to assist in connection with the 
Department efforts to respond to the suspected or confirmed breach or 
to prevent, minimize, or remedy such harm.

[[Page 42019]]

    15. To another Federal agency or Federal entity, when the 
Department determines that information from this system of records is 
reasonably necessary to assist the recipient agency or entity in (1) 
responding to a suspected or confirmed breach or (2) preventing, 
minimizing, or remedying the risk of harm to individuals, the recipient 
agency or entity (including its information systems, programs, and 
operations), the Federal Government, or national security, resulting 
from a suspected or confirmed breach.
    16. To any agency, organization, or individual for the purpose of 
performing authorized audit or oversight operations of the Department/
EOIR and meeting related reporting requirements.
    17. To such recipients and under such circumstances and procedures 
as are mandated by Federal statute or treaty.
    18. To Federal agencies involved in statistical analysis of data, 
and publication and/or reporting of aggregated or de-identified 
information designed to improve the efficiency and effectiveness of 
immigration proceedings at those agencies or to better meet EOIR's 
mission of adjudicating cases fairly and expeditiously, and uniformly 
interpreting and administering the Nation's immigration laws.

POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
    Paper copies of records are maintained in file folders in secure 
locations. Electronic records are stored on secure servers and storage 
media.

POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
    Authorized internal users may retrieve paper records through OCAHO 
case numbers and electronic records through an internet portal that 
will allow searches by a party's name, OCAHO case number, region, city 
and state, or fiscal or calendar year. External users granted access 
because they are a party or authorized representative of a party will 
be able to retrieve records related to the cases in which they are 
involved by party name or case number.

POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
    Paper and electronic records will be retained and disposed of in 
accordance with OCAHO's revised records retention schedule, DAA-0582-
2017-0005, currently under review by NARA.

ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
    DOJ/EOIR/OCAHO will implement administrative, technical, and 
physical safeguards to protect information in the system. For example, 
internet connections are protected by multiple firewalls, and security 
personnel conduct periodic vulnerability scans using DOJ-approved 
software to ensure security compliance. Security logs are enabled for 
computers to assist in troubleshooting and forensic analysis during 
incident investigations. Need-to-know access is provided and verified 
by Personal Identity Verification (PIV) access which requires a valid 
user identification and password. Electronic records are segregated and 
stored in secure cloud-based redundant server locations. Paper records 
are segregated and stored in secure locations with locked cabinets. 
Both paper and electronic records are accessible only to those with a 
need to access the information for the performance of their official 
duties and who have appropriate clearances or permissions.

RECORD ACCESS PROCEDURES:
    All requests for access to records must be in writing and should be 
addressed to the Senior Component Official for Privacy at the EOIR 
Office of the General Counsel, 5107 Leesburg Pike, Suite 2600, Falls 
Church, VA 22041, or [email protected]. The envelope and letter 
should be clearly marked ``Privacy Act Access Request.'' The request 
must describe the records sought in sufficient detail to enable 
Department personnel to locate them with a reasonable amount of effort. 
The request must include a general description of the records sought 
and must include the requester's full name, current address, and date 
and place of birth, to enable EOIR to verify that the requester is 
legally authorized to access the records.
    The request must be signed and either notarized or submitted under 
penalty of perjury. Some information may be exempt from the access 
provisions as described in the ``EXEMPTIONS CLAIMED FOR THE SYSTEM'' 
section, below. An individual who is the subject of a record in this 
system of records may access those records that are not exempt from 
access. A determination whether a record may be accessed will be made 
at the time a request is received.
    Although no specific form is required, you may obtain forms for 
this purpose from the FOIA/Privacy Act Mail Referral Unit, United 
States Department of Justice, 950 Pennsylvania Avenue NW, Washington, 
DC 20530, or on the Department of Justice website at https://www.justice.gov/oip/oip-request.html.
    More information regarding the Department's procedures for 
accessing records in accordance with the Privacy Act can be found at 28 
CFR part 16 subpart D, ``Protection of Privacy and Access to Individual 
Records Under the Privacy Act of 1974.''

CONTESTING RECORD PROCEDURES:
    Individuals seeking to contest or amend records maintained in this 
system of records must direct their requests to the address indicated 
in the ``RECORD ACCESS PROCEDURES'' section, above. All requests to 
contest or amend records must be in writing and the envelope and letter 
should be clearly marked ``Privacy Act Amendment Request.'' All 
requests must state clearly and concisely what record is being 
contested, the reasons for contesting it, and the proposed amendment to 
the record. Some information may be exempt from the amendment 
provisions as described in the ``EXEMPTIONS PROMULGATED FOR THE 
SYSTEM'' section, below. An individual who is the subject of a record 
in this system of records may contest or amend those records that are 
not exempt. A determination of whether a record is exempt from the 
amendment provisions will be made after a request is received.
    More information regarding the Department's procedures for amending 
or contesting records in accordance with the Privacy Act can be found 
at 28 CFR 16.46, ``Requests for Amendment or Correction of Records.''

NOTIFICATION PROCEDURES:
    Individuals may be notified if a record in this system of records 
pertains to them when the individuals request information utilizing the 
same procedures as those identified in the ``RECORD ACCESS PROCEDURES'' 
section, above.

EXEMPTIONS PROMULGATED FOR THE SYSTEM:
    The Attorney General has exempted this system from subsections 5 
U.S.C. 552a(d) of the Privacy Act pursuant to 5 U.S.C. 552a(k) 
subsections. The exemptions will be applied only to the extent that the 
information in the system is subject to exemption pursuant to 5 U.S.C. 
552a(k) subsections. Rules are in the process of being promulgated in 
accordance with the requirements of 5 U.S.C. 553(b), (c) and (e), and 
are in the process of being published in the Federal Register.

HISTORY:
    This system was previously part of EOIR-001 Records and Management 
Information System, 60 FR 52694 (Oct. 10, 1995); 66 FR 35458 (July 5, 
2001); 69 FR 26179 (May 11, 2004); 72 FR 3410

[[Page 42020]]

(Jan. 25, 2007) (rescinded by 82 FR 24147); 82 FR 24147 (May 25, 2017).

[FR Doc. 2019-17364 Filed 8-15-19; 8:45 am]
BILLING CODE 4410-30-P