[Federal Register Volume 66, Number 153 (Wednesday, August 8, 2001)]
[Rules and Regulations]
[Page 41445]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-19895]


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DEPARTMENT OF JUSTICE

28 CFR PART 16

[AAG/A Order No. 241-2001]


Privacy Act of 1974; Implementation

AGENCY: Department of Justice.

ACTION: Final rule.

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SUMMARY: The Department of Justice (DOJ) is exempting two Privacy Act 
systems of records 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). These systems of records are the 
``Correspondence Management Systems (CMS) for the Department of Justice 
(DOJ), DOJ/003''; and ``Freedom of Information Act, Privacy Act, and 
Mandatory Declassification Review Requests and Administrative Appeals 
for the Department of Justice (DOJ), DOJ/004''. The exemptions are 
necessary to protect law enforcement and investigatory information and 
functions and will be applied only to the extent that information in a 
record is subject to exemption pursuant to 5 U.S.C. 552a(j) and (k).

EFFECTIVE DATE: This final rule is effective August 8, 2001.

FOR FURTHER INFORMATION CONTACT: Mary Cahill at 202-207-1823.

SUPPLEMENTARY INFORMATION: On June 4, 2001 (66 FR 29921) a proposed 
rule was published in the Federal Register with an invitation to 
comment. No comments were received.
    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 28 CFR Part 16

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

    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, 
28 CFR Part 16 is amended as follows:

PART 16--[AMENDED]

    1. The authority for Part 16 continues to read as follows:

    Authority: 5 U.S.C. 301, 552, 552a, 552(b)(g), 553; 18 U.S.C. 
4203(a)(1); 28 U.S.C. 509, 510, 534; 31 U.S.C. 3717, 9701.


    2. Add to subpart E, Sec. 16.130 to read as follows:


Sec. 16.130  Exemption of Department of Justice Systems: Correspondence 
Management Systems for the Department of Justice (DOJ-003); Freedom of 
Information Act, Privacy Act and Mandatory Declassification Review 
Requests and Administrative Appeals for the Department of Justice (DOJ-
004).

    (a) The following Department of Justice systems of records are 
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). 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).
    (1) Correspondence Management Systems (CMS) for the Department of 
Justice (DOJ), DOJ/003.
    (2) Freedom of Information Act, Privacy Act, and Mandatory 
Declassification Review Requests and Administrative Appeals for the 
Department of Justice (DOJ), DOJ/004.
    (b) These systems are exempted for the reasons set forth from the 
following subsections:
    (1) Subsection (c)(3). To provide the subject of a criminal, civil, 
or counterintelligence matter or case under investigation with an 
accounting of disclosures of records concerning him or her could inform 
that individual of the existence, nature, or scope of that 
investigation, and thereby seriously impede law enforcement of 
counterintelligence efforts by permitting the record subject and other 
persons to whom he might disclose the records to avoid criminal 
penalties, civil remedies, or counterintelligence measures.
    (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. Disclosure of classified national security 
information would cause damage to the national security of the United 
States.
    (4) Subsection (d)(2). Amendment of the records would interfere 
with ongoing criminal or civil law enforcement proceedings and impose 
an impossible administrative burden by requiring 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) Subsection (e)(1). 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 and counterintelligence, it is necessary to retain this 
information to aid in establishing patterns of activity and provide 
investigative leads.
    (7) Subsection (e)(2). To collect information from the subject 
individual could serve notice that he or she is the subject of a 
criminal investigation and thereby present a serious impediment to such 
investigations.
    (8) Subsection (e)(3). To inform individuals as required by this 
subsection could reveal the existence of a criminal investigation and 
compromise investigative efforts.
    (9) Subsection (e)(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 investigative leads.
    (10) Subsection (e)(8). To serve notice could give persons 
sufficient warning to evade investigative efforts.
    (11) Subsection (g). This subsection is inapplicable to the extent 
that the system is exempt from other specific subsections of the 
Privacy Act.

    Dated: July 30, 2001.
Janis A. Sposato,
Acting Assistant Attorney General for Administration.
[FR Doc. 01-19895 Filed 8-7-01; 8:45 am]
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