[Federal Register Volume 66, Number 210 (Tuesday, October 30, 2001)]
[Rules and Regulations]
[Page 54663]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-27202]


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DEPARTMENT OF JUSTICE

28 CFR PART 16

[AAG/A Order No. 246-2001]


Privacy Act of 1974; Implementation

AGENCY: Department of Justice.

ACTION: Final 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 final rule makes changes to reflect the current 
statutory authority, as well as the primary reason for exempting the 
system.

EFFECTIVE DATE: This final rule is effective October 30, 2001.

FOR FURTHER INFORMATION CONTACT: Mary Cahill at 202-307-1823.

SUPPLEMENTARY INFORMATION: On July 20, 2001 (66 FR 37939), 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 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, 
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, 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 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, Pub. L. 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 
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: October 17, 2001.
Janis A. Sposato,
Acting Assistant Attorney General for Administration.
[FR Doc. 01-27202 Filed 10-29-01; 8:45 am]
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