[Federal Register Volume 65, Number 172 (Tuesday, September 5, 2000)]
[Proposed Rules]
[Pages 53679-53680]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-22673]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF JUSTICE

28 CFR Part 16

[AAG/A Order No. 205-2000]


Privacy Act of 1974; Implementation

AGENCY: Department of Justice.

ACTION:  Proposed rule.

-----------------------------------------------------------------------

SUMMARY: The Department of Justice proposes to exempt a Privacy Act 
system of records from the following subsections of the Privacy Act: 
The system of records is CaseLink Document Database for Office of 
Special Counsel--Waco, JUSTICE/OSCW-001 as described in today's notice 
section of the Federal Register. The system of records may contain 
information which relates to official Federal investigation. The 
exemptions are necessary to protect law enforcement and investigatory 
information and functions as described in the proposed rule and will be 
applied only to the investigatory information contained in this system.

DATES: Submit any comments by October 5, 2000.

ADDRESSES: Address all comments to Thomas E. Wack, Office of Special 
Counsel--Waco, 200 N. Broadway, 15th Floor, St. Louis, Missouri 63102.

SUPPLEMENTARY INFORMATION:

Regulatory Flexibility Act

    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, this order will not have a 
significant economic impact on a substantial number of small entities.

Executive Order No. 12866

    The Attorney General has determined that this rule is not a 
significant regulatory action under Executive Order No. 12866, and 
accordingly, this rule has not been reviewed by the Office of 
Management and Budget.

List of Subjects in 28 CFR Part 16

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

    Dated: August 28, 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, 
it is proposed to amend 28 CFR part 16 as follows:
    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 Part 16 by adding to Subpart E--
Exemption of Records Systems under the Privacy Act, Sec. 16.104 to read 
as follows:


Sec. 16.104  Exemption of Office of Special Counsel--Waco System

    (a)The following system of records is exempted from subsections 
(c)(3) and (4); (d)(1), (2), (3), and (4); (e)(1), (2), (3), (5), and 
(8); and (g) of the Privacy Act pursuant to 5 U.S.C. 552a(j) and (k): 
CaseLink Document Database for Office of Special Counsel--Waco, 
JUSTICE/OSCW-001. These exemptions apply only to the extent that 
information in a record is subject to exemption pursuant to 5 U.S.C. 
552a(j) and (k).
    (b) Only that portion of this system which consists of criminal or 
civil investigatory information is exempted for the reasons set forth 
from the following subsections:
    (1) Subsection (c)(3). To provide the subject of a criminal or 
civil matter or case under investigation with an accounting of 
disclosures of records concerning him or her would inform that 
individual of the existence, nature, or scope of that investigation and 
thereby seriously impede law enforcement efforts by permitting the 
record subject and other persons to whom he might disclose the records 
to avoid criminal penalties and civil remedies.
    (2) Subsection (c)(4). This subsection is inapplicable to the 
extent that an exemption is being claimed for subsection (d).
    (3) Subsection (d)(1). Disclosure of investigatory information 
could interfere with the investigation, reveal the identity of 
confidential sources, and result in an unwarranted invasion of the 
privacy of others.
    (4) Subsection (d)(2). Amendment of the records would interfere 
with ongoing criminal law enforcement proceedings and impose an 
impossible administrative burden by requiring criminal investigations 
to be continuously reinvestigated.
    (5) Subsections (d)(3) and (4). These subsections are inapplicable 
to the extent exemption is claimed from (d)(1) and (2).
    (6) Subsections (e)(1) and (5). It is often impossible to determine 
in advance if investigatory records contained in this system are 
accurate, relevant, timely and complete; but, in the interests of 
effective law enforcement, it is necessary to retain this information 
to aid in establishing patterns of activity and provide leads in 
criminal investigations.
    (7) Subsection (e)(2). To collect information from the subject 
individual would serve notice that he or she is the subject of criminal 
investigative or law enforcement activity and thereby present a serious 
impediment to law enforcement.
    (8) Subsection (e)(3). To inform individuals as required by this 
subsection would reveal the existence of an investigation and 
compromise law enforcement efforts.

[[Page 53680]]

    (9) Subsection (e)(8). To serve notice would give persons 
sufficient warning to evade law enforcement efforts.
    (10) Subsection (g). This subsection is inapplicable to the extent 
that the system is exempt from other specific subsections of the 
Privacy Act.

[FR Doc. 00-22673 Filed 9-1-00; 8:45 am]
BILLING CODE 4410-CJ-M