[Federal Register Volume 67, Number 211 (Thursday, October 31, 2002)]
[Proposed Rules]
[Pages 66348-66349]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-27596]


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DEPARTMENT OF JUSTICE

28 CFR Part 16

[AAG/A Order No. 296-2002]


Privacy Act of 1974; Implementation

AGENCY: Department of Justice.

ACTION: Proposed rule.

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SUMMARY: The Department of Justice, Office of the Pardon Attorney 
(OPA), proposes to exempt the Executive Clemency Case Files/Executive 
Clemency Tracking System (JUSTICE/OPA-001) system of records from 
subsections (c)(3), (c)(4), (d)(1), (d) (2), (d)(3), (d)(4), and (e)(5) 
of the Privacy Act, 5 U.S.C. 552a. Information in this system relates 
to the investigation and evaluation of applicants for executive 
clemency and case-related correspondence regarding such applicants and 
the clemency process. The exemptions are necessary to avoid 
interference with clemency investigations and decision-making, when 
such interference could impair the Department of Justice's ability to 
provide candid recommendations to the President for his ultimate 
decisions on clemency matters, and to prevent unwarranted invasions of 
the personal privacy of third parties.


DATES: Submit any comments by December 2, 2002.

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

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

SUPPLEMENTARY INFORMATION: In the notice section of today's Federal 
Register, the Department of Justice provides a description of the 
Executive Clemency Case Files/Executive Clemency Tracking System 
(JUSTICE/OPA-001).
    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, it is hereby stated that the order 
will not have ``a significant impact on a substantial number of small 
entities.''

List of Subjects in 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 delete the current language of 28 CFR 16.79 and 
substitute the following:
    1. The authority citation 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. Section 16.79 is revised to read as follows:


Sec.  16.79  Exemption of Pardon Attorney Systems.

    (a) The following system of records is exempt from 5 U.S.C. 552a, 
subsections (c)(3), (c)(4), (d)(1), (d)(2), (d)(3), (d)(4), and (e)(5): 
Executive Clemency Case Files/Executive Clemency Tracking System 
(JUSTICE/OPA-001). These exemptions apply only to the extent that

[[Page 66349]]

information in this system of records is subject to exemption pursuant 
to 5 U.S.C. 552a(j)(2).
    (b) Exemption from the particular subsections is justified for the 
following reasons:
    (1) From subsection (c)(3) because:
    (i) The purpose of the creation and maintenance of the Executive 
Clemency Case Files/Executive Clemency Tracking System (JUSTICE/OPA-
001) is to enable the Justice Department to prepare reports and 
recommendations to the President for his ultimate decisions on clemency 
matters, which are committed to exclusive discretion of the President 
pursuant to Article II, Section 2, Clause 1 of the Constitution.
    (ii) Release of the disclosure accounting, for disclosures pursuant 
to the routine uses published for this system, would permit the 
requester to obtain valuable information concerning the nature and 
scope of a clemency investigation, invade the right of candid and 
confidential communications among officials concerned with making 
recommendations to the President in clemency matters, and disclose the 
identity of persons who furnished information to the Government under 
an express or implied promise that their identities would be held in 
confidence.
    (2) From subsection (c)(4) because the exemption from subsections 
(d)(1), (d)(2), (d)(3), and (d)(4) will make notification of disputes 
inapplicable.
    (3) From subsections (d)(1), (d)(2), (d)(3), and (d)(4) is 
justified for the reasons stated in paragraph (1) above.
    (4) From subsection (e)(5) is justified for the reasons stated in 
paragraph (1) above.

    Dated: October 22, 2002.
Robert F. Diegelman,
Acting Assistant Attorney General for Administration.
[FR Doc. 02-27596 Filed 10-30-02; 8:45 am]
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