[Federal Register Volume 67, Number 185 (Tuesday, September 24, 2002)]
[Proposed Rules]
[Page 59798]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-24207]



[[Page 59798]]

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DEPARTMENT OF JUSTICE

28 CFR Part 16

[AAG/A Order No. 288-2002]


Privacy Act of 1974; Implementation

AGENCY: Department of Justice.

ACTION: Proposed rule.

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SUMMARY: The Department of Justice proposes to exempt a new Privacy Act 
system of records entitled ``Personnel Investigation and Security 
Clearance Records for the Department of Justice (DOJ), DOJ-006,'' as 
described in today's notice section of the Federal Register, from 5 
U.S.C. 552a(c)(3) and (4); (d)(1), (2), (3), and (4); (e)(1), (2), (3), 
(5) and (8); and (g). The exemptions 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). The Department also proposes to delete as 
obsolete provisions exempting two former Justice Management Division 
systems of records entitled ``Security Clearance Information System 
(SCIS) (JUSTICE/JMD-008),'' and ``Freedom of Information/Privacy Act 
Records System (JUSTICE/JMD-019).'' The records in JMD-019 are now 
covered by DOJ-004.

DATES: Submit any comments by October 24, 2002.

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

FOR FURTHER INFORMATION CONTACT: Mary Cahill, (202) 307-1823.
    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, Sunshine Act and 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, 
it is proposed to amend 28 CFR part 16 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), and 553; 18 U.S.C. 
4203(a)(1); 28 U.S.C. 509, 510, 534; 31 U.S.C. 3717, and 9701.

    2. Section 16.76 is amended by removing paragraphs (c), (d), (e), 
(f), (g) and (h).
    3. Section 16.132 is added to read as follows:


Sec.  16.132  Exemption of Department of Justice System--Personnel 
Investigation and Security Clearance Records for the Department of 
Justice (DOJ), DOJ-006.

    (a) The following Department of Justice 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): Personnel Investigation and Security Clearance 
Records for the Department of Justice (DOJ), DOJ-006. 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) Exemption from the particular subsections is justified for the 
following reasons:
    (1) Subsection (c)(3). To provide the subject with an accounting of 
disclosures of records in this system could inform that individual of 
the existence, nature, or scope of an actual or potential law 
enforcement or counterintelligence investigation, and thereby seriously 
impede law enforcement or 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 records in the system could 
reveal the identity of confidential sources and result in an 
unwarranted invasion of the privacy of others. Disclosure may also 
reveal information relating to actual or potential criminal 
investigations. 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 could 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: September 12, 2002.
Robert F. Diegelman,
Acting Assistant Attorney General for Administration.
[FR Doc. 02-24207 Filed 9-23-02; 8:45 am]
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