[Federal Register Volume 66, Number 140 (Friday, July 20, 2001)]
[Proposed Rules]
[Pages 37939-37940]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-18155]


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DEPARTMENT OF JUSTICE

28 CFR Part 16

[AAG/A Order No. 235-2001]


Privacy Act of 1974; Implementation

AGENCY: Department of Justice.

ACTION: Proposed rule.

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SUMMARY: The Department of Justice currently exempts the following 
system of records from subsection (d) of the Privacy Act, pursuant to 5 
U.S.C. 552a(j)(2): Controlled Substances Act Nonpublic Records 
(JUSTICE/JMD-002). This proposed rule makes changes to reflect the 
current statutory authority, as well as the primary reason for 
exempting the system.

DATES: Submit any comments by August 20, 2001.

ADDRESSES: Address all comments to Mary Cahill, Management and Planning 
Staff, Justice Management Division, Department of Justice, 1400 
National Place Building, Washington, DC 20530.

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

SUPPLEMENTARY INFORMATION: The system notice for ``Controlled 
Substances Act Nonpublic Records (JUSTICE/JMD-002)'' is being published 
in full text in the Notice section of today's Federal Register.
    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.

List of Subjects in Part 16

    Administrative practices and procedures, Courts, Freedom of 
Information Act, Privacy Act, and Government in Sunshine Act.

    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 Sec. 16.76 by revising paragraph (b)(1) 
as follows:


Sec. 16.76  Exemption of Justice Management Division.

* * * * *
    (b) Exemption from subsection (d) is justified for the following 
reasons:
    (1) Access to and use of the nonpublic records maintained in this 
system are restricted by law. Section 3607(b) of Title 18 U.S.C. 
(enacted as part of the Sentencing Reform Act of 1984, Public Law 98-
473, Chapter II) provides that the sole purpose of these records shall 
be for use by the courts in determining whether a person found guilty 
of

[[Page 37940]]

violating section 404 of the Controlled Substances Act qualifies:
    (i) For the disposition available under 18 U.S.C. 3607(a) to 
persons with no prior conviction under a Federal or State law relating 
to controlled substances, or
    (ii) For an order, under 18 U.S.C. 3607(c), expunging all official 
records (except the nonpublic records to be retained by the Department 
of Justice) of the arrest and any subsequent criminal proceedings 
relating to the offense.
* * * * *

    Dated: July 13, 2001.
Janis A. Sposato,
Acting Assistant Attorney General for Administration.
[FR Doc. 01-18155 Filed 7-19-01; 8:45 am]
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