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Administrative Regulation

In: Business and Management

Submitted By bmustafa
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1. State the administrative agency which controls the regulation. Explain why this agency and your proposed regulation interests you (briefly). Will this proposed regulation affect you or the business in which you are working? If so, how? Submit a copy of the proposed regulation along with your responses to these five questions. The proposed regulation can be submitted as either a separate Word document (.doc) or Adobe file (.pdf). This means you will submit two attachments to the Week 2 Dropbox: (a) a Word document with the questions and your answers and (b) a copy of the proposed regulation you used for this assignment. (10 points)

After the events of 9/11, I developed a strong interest in security and protection from terrorism. Once President Bush announced the establishment of the Department of Homeland Security, I became even more intrigued, with thousands of questions flooding my mind. Will this department guarantee 100% protection? How will the lines of communication between government officials/law enforcement personnel strengthen or weaken? What type of strategies will the department be capable of implementing? More important, will there be a sacrifice of rights/freedoms with this new development? This last question is what peaked my interest in my choice of regulation: U.S. Customs and Border Protection’s proposal of a new intelligence system of records (Analytical Framework for Intelligence or AFI) and it’s notice of exemption from the 1974 Privacy Act. From reading the details of the proposal/notice, there will not be a direct impact to myself, but to the country as a whole. The new system will allow U.S. Customs and Border Protection to monitor and guard the country’s borders in a more effective manner. It will also strengthen the means of communication between the Department of Homeland Security and other officials. Just knowing that there are more sophisticated defense strategies being established and executed is enough to hold my interest.

2. Describe the proposal/change. (10 points)

The Privacy Office of the Department of Homeland Security is proposing the execution of a new system of records known as Analytical Framework for Intelligence or AFI. In short, “AFI enhances the department’s ability to identify, apprehend, and prosecute individuals who pose a potential law enforcement or security risk, and aids in the enforcement of customs and immigration laws, and other laws enforced by DHS at the border”. In addition to this proposal, the department is also asking that this new system be exempt from some of the Privacy Act’s provisions due to certain enforcement requirements (i.e. civil, criminal, and/or administrative). Adhering to the Privacy Act, agencies that wish to exempt records from access and amendment provisions must offer an explanation through a Notice of Proposed Rulemaking, which is the overall purpose of this proposal.

3. Write the public comment that you would submit to this proposal. If the proposed regulation deadline has already passed, write the comment you would have submitted. Explain briefly what you wish to accomplish with your comment. (10 points)

After carefully reviewing the proposal/notice, I stand 100% behind the department’s new intelligence system and feel that its exemptions from the Privacy Act are completely justifiable. First, the U.S. Customs and Border Protection unit has an obligation of protecting the homeland and borders beyond. Use of AFI could help the department identify security risks in an easier, more efficient manner, while also developing intelligence measures/strategies to combat future occurrences. Without this capability, it would be more difficult to stand strong on its mission or purpose. Furthermore, lines of communication between different agencies would be disconnected and they wouldn’t be able to adequately recognize individuals and/or associations that pose a threat to the country. Second, the exemptions from some the Privacy Act’s provisions may help eliminate disclosure issues. Confidentiality is a main priority of the department’s date because there could be serious consequences if the information fell into the wrong hands. Being that some records can be easily assessed by the public, a whole investigation or strategy could be jeopardized. The disclosure of certain information can help subjects avoid detection or apprehension and security-sensitive information can be revealed (which is truly detrimental to the unit and its operations). Overall, I hope that these details help push for the proposal/request to be accepted as it is necessary for the success of the Department of Homeland Security.

4. Provide the "deadline" by which the public comment must be made. (If the date has already passed, please provide when the deadline was). (5 points)

Public comments had to be submitted on or before June 9, 2012.

5. a. Once you have submitted your comment, what will you be legally entitled to do later in the promulgation process (if you should choose to do so)? (See the textbook's discussion of the Administrative Procedure Act.) b. If the proposal passes, identify and explain the five legal theories you could use in an attempt to have (any) administrative regulation declared invalid and overturned in court. c. Which of these challenges would be the best way to challenge the regulation you selected for this assignment if you wanted to have the regulation overturned and why?

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