[Federal Register Volume 68, Number 21 (Friday, January 31, 2003)]
[Proposed Rules]
[Pages 4974-4975]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-2251]


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DEPARTMENT OF JUSTICE

28 CFR Part 16

[FBI 109P; AAG/A ORDER No. 006-2003]
RIN 1110-AA08


Privacy Act of 1974; Implementation

AGENCY: Department of Justice.

ACTION: Proposed rule.

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SUMMARY: The Department of Justice (DOJ), Federal Bureau of 
Investigation (FBI), proposes to exempt the FBI's National Crime 
Information Center (NCIC) (JUSTICE/FBI-001), Central Records System 
(CRS) (JUSTICE/FBI-002), and National Center for the Analysis of 
Violent Crime (NCAVC) (JUSTICE/FBI-015) systems of records from the 
Privacy Act. The exemption is necessary to avoid interference with law 
enforcement functions and responsibilities of the FBI.

DATES: Written comments must be received on or before March 3, 2003.

ADDRESSES: All comments concerning this proposed rule should be mailed 
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.

SUPPLEMENTARY INFORMATION: The FBI proposes to exempt the FBI's 
National Crime Information Center, Central Records System and National 
Center for the Analysis of Violent Crime systems of records from 
subsection (e)(5) of the Privacy Act, 5 U.S.C. 552a. Also, the FBI 
proposes to correct a typographical error by moving the title of the 
National Crime Information Center to the correct subsection. Except for 
these amendments, the proposed rule changes do not alter practices and 
procedures that are currently in effect. However, the FBI is currently 
reviewing additional changes to this regulation for possible 
promulgation in future rulemaking.
    This proposed rule relates to individuals, as opposed to small 
business entities. Nevertheless, pursuant to the requirements of the 
Regulatory Flexibility Act, 5 U.S.C. 601-612, the proposed rule 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, 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 793-78, it is 
proposed to amend 28 CFR part 16 as follows:

PART 16--[AMENDED]

Subpart E--Exemption of Records Systems Under the Privacy Act

    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 16.96 is amended as follows:
    (a) By revising the introductory text of paragraph (a);
    (b) By redesignating paragraph (b)(6) as (b)(7) and adding a new 
paragraph (b)(6);
    (c) By revising the introductory text of paragraph (g) and adding 
new paragraph (g)(1);
    (d) By redesignating paragraph (h)(5) as (h)(6) and adding new 
paragraph (h)(5);
    (e) By revising the introductory text of paragraph (j);
    (f) By adding a new paragraph (k)(5);
    (g) By removing ``National Crime Information Center (NOIC) [sic] 
(JUSTICE/FBI-001).'' from paragraph (k)(4).
    The revisions and additions read as follows.


Sec.  16.96  Exemption of Federal Bureau of Investigation Systems--
limited access.

    (a) The following system of records is exempt from 5 U.S.C. 
552a(c)(3), (d), (e)(1), (e)(2), (e)(3), (e)(4)(G) and (H), (e)(5), 
(e)(8), (f) and (g):
* * * * *
    (b) * * *
    (6) From subsection (e)(5) because in the collection of information 
for law enforcement purposes it is impossible to determine in advance 
what information is accurate, relevant, timely and complete. With the 
passage of time, seemingly irrelevant or untimely information may 
acquire new significance as further investigation brings new details to 
light. The restrictions imposed by subsection (e)(5) would limit the 
ability of trained investigators and intelligence analysts to exercise 
their judgment in reporting on investigations and impede the 
development of criminal intelligence necessary for effective law 
enforcement. In addition, because many of these records come from other 
federal, state, local, joint, foreign, tribal, and international 
agencies, it is administratively impossible to ensure compliance with 
this provision.
* * * * *
    (g) The following system of records is exempt from 5 U.S.C. 552a 
(c)(3) and (4), (d), (e)(1), (e)(2), (e)(3), (e)(4)(G) and (H), (e)(5), 
(e)(8), (f), and (g):
    (1) National Crime Information Center (NCIC) (JUSTICE/FBI-001). 
These exemptions apply only to the extent that information in the 
system is subject to exemption pursuant to 5 U.S.C. 552a(j)(2) and 
(k)(3).
* * * * *
    (h) * * *
    (5) From subsection (e)(5) because in the collection of information 
for law enforcement purposes it is impossible to determine in advance 
what information is accurate, relevant, timely and complete. With the 
passage of time, seemingly irrelevant or untimely information may 
acquire new significance as further investigation brings new details to 
light. The restrictions imposed by subsection (e)(5) would limit the 
ability of trained investigators and intelligence analysts to exercise 
their judgment in reporting on investigations and impede the 
development of criminal intelligence necessary for effective law 
enforcement. In addition, the vast majority of these records come from 
other federal, state, local, joint, foreign, tribal, and international 
agencies and it is administratively impossible to ensure that the 
records comply with this provision. Submitting agencies are, however, 
urged on a continuing basis to ensure that their records are accurate 
and include all dispositions.
* * * * *
    (j) The following system of records is exempt from 5 U.S.C. 552a 
(c)(3), (d), (e)(1), (e)(4)(G) and (H), (e)(5), (f) and (g):
* * * * *
    (k) * * *
    (5) From subsection (e)(5) because in the collection of information 
for law enforcement purposes it is impossible to

[[Page 4975]]

determine in advance what information is accurate, relevant, timely and 
complete. With the passage of time, seemingly irrelevant or untimely 
information may acquire new significance as further investigation 
brings new details to light. The restrictions imposed by subsection 
(e)(5) would limit the ability of trained investigators and 
intelligence analysts to exercise their judgment in reporting on 
investigations and impede the development of criminal intelligence 
necessary for effective law enforcement. In addition, because many of 
these records come from other federal, state, local, joint, foreign, 
tribal, and international agencies, it is administratively impossible 
to ensure compliance with this provision.
* * * * *

    Dated: January 17, 2003.
Paul R. Corts,
Assistant Attorney General for Administration.
[FR Doc. 03-2251 Filed 1-30-03; 8:45 am]
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