[Federal Register Volume 68, Number 21 (Friday, January 31, 2003)]
[Rules and Regulations]
[Page 4929]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-2252]


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DEPARTMENT OF JUSTICE

28 CFR Part 16

[AAG/A Order No. 005-2003]


Privacy Act of 1974; Implementation

AGENCY: Department of Justice.

ACTION: Final rule.

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SUMMARY: The Department of Justice, Office of the Pardon Attorney 
(OPA), is exempting a Privacy Act system of records entitled 
``Executive Clemency Case Files/Executive Clemency Tracking System 
(JUSTICE/OPA-001)'' from subsections (c)(3), (c)(4), (d)(1), (d)(2), 
(d)(3), (d)(4), and (e)(5) of the Privacy Act. 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.

EFFECTIVE DATE: This final rule is effective January 31, 2003.

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

SUPPLEMENTARY INFORMATION: On October 31, 2002 (67 FR 66348), 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, 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 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, 
28 CFR Part 16 is amended as follows:

PART 16--[AMENDED]

    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 System.

    (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 
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 (b)(1) of this section.
    (4) From subsection (e)(5) is justified for the reasons stated in 
paragraph (b)(1) of this section.

    Dated: January 17, 2003.
Paul R. Corts,
Assistant Attorney General for Administration.
[FR Doc. 03-2252 Filed 1-30-03; 8:45 am]
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