[Federal Register Volume 72, Number 88 (Tuesday, May 8, 2007)]
[Proposed Rules]
[Pages 26037-26038]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-8764]


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DEPARTMENT OF JUSTICE

28 CFR Part 16

[AAG/A Order No. 010-2007]


Privacy Act of 1974; Implementation

AGENCY: Department of Justice.

ACTION: Proposed rule.

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SUMMARY: The Department of Justice proposes to amend the Privacy Act 
exemptions to the National Security Division's system of records as 
described in today's notice section of the Federal Register: Foreign 
Intelligence and Counterintelligence Records System (JUSTICE/NSD-001), 
which incorporates three previous systems of records of the Office of 
Intelligence Policy and Review (OIPR). These systems of records are the 
``Policy and Operational Records System, OIPR-001'' last published in 
the Federal Register January 26, 1984 (49 FR 3281); ``Foreign 
Intelligence Surveillance Act Records System, OIPR-002'' last published 
in the Federal Register January 26, 1984 (49 FR 3282); and ``Litigation 
Records System, OIPR-003'' last published in the Federal Register 
January 26, 1984 (49 FR 3284).

DATES: Submit any comments by June 18, 2007.

ADDRESSES: Address all comments to Mary Cahill, Management and Planning 
Staff, Justice Management Division, Department of Justice, 1331 
Pennsylvania Avenue, NW., Washington, DC 20530 (1400 National Place 
Building), Facsimile Number (202) 307-1853. To ensure proper handling, 
please reference the AAG/A Order No. on your correspondence. You may 
review an electronic version of this proposed rule at http://www.regulations.gov. You may also comment via the Internet to the DOJ/
Justice Management Division at the following e-mail address: 
[email protected]; or by using the http://www.regulations.gov comment form for this regulation. When submitting 
comments electronically, you must include the AAG/A Order No. in the 
subject box.

FOR FURTHER INFORMATION CONTACT: GayLa Sessoms, (202) 616-5460.

SUPPLEMENTARY INFORMATION: The Department proposes to exempt JUSTICE/
NSD-001 from 5 U.S.C. 552a(c)(3) and (4); (d); (e)(1), (2), (3), 
(4)(G), (H) and (I), (5) and (8); (f); (g); and (h). These 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)(2), (k)(1), (2) or 
(5).
    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 impact on a substantial number of small business 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 No. 793-78, 
it is proposed to amend 28 CFR part 16 as follows:

PART 16--PRODUCTION OR DISCLOSURE OF MATERIAL OR INFORMATION

    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 16.74 is revised to read as follows:


Sec.  16.74  Exemption of National Security Division System-limited 
access.

    (a) The following system of records is exempted from subsections 
(c)(3) and (4); (d); (e)(1), (2), (3), (4)(G), (H) and (I), (5) and 
(8); (f); (g); and (h) of the Privacy Act pursuant to 5 U.S.C. 
552a(j)(2), (k)(1), (2) and (5): Foreign Intelligence and 
Counterintelligence Records System (JUSTICE/NSD-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), (k)(1), (2), and (5).
    (b) Exemptions from the particular subsections are justified for 
the following reasons:
    (1) Subsection (c)(3). To provide the target of a surveillance or 
collection activity with the disclosure accounting records concerning 
him or her would hinder authorized United States intelligence 
activities by informing that individual of the existence, nature, or 
scope of information that is properly classified pursuant to Executive 
Order 12958, as amended, and thereby cause damage to the national 
security.
    (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 foreign intelligence and 
counterintelligence information would interfere with collection 
activities, reveal the identity of confidential sources, and cause 
damage to the national security of the United States. To ensure 
unhampered and effective collection and analysis of foreign 
intelligence and counterintelligence information, disclosure must be 
precluded.
    (4) Subsection (d)(2). Amendment of the records would interfere 
with ongoing intelligence activities thereby causing damage to the 
national security.
    (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 intelligence records contained in this system are relevant 
and necessary, but, in the interests of national security, it is 
necessary to retain this information to aid in establishing patterns of 
activity and provide intelligence leads.
    (7) Subsection (e)(2). Although this office does not conduct 
investigations, the collection efforts of agencies that supply 
information to this office would be thwarted if the agencies were 
required to collect information with the subject's knowledge.
    (8) Subsection (e)(3). To inform individuals as required by this 
subsection could reveal the existence of collection activity and 
compromise national security. For example, a target could, once made 
aware that collection activity exists, alter his or her manner of 
engaging in intelligence or terrorist activities in order to avoid 
detection.
    (9) Subsections (e)(4)(G), (H) and (I), and (f). These subsections 
are inapplicable to the extent that this system is exempt from the 
access provisions of subsection (d).
    (10) Subsection (e)(5). It is often impossible to determine in 
advance if intelligence records contained in this system are accurate, 
relevant, timely and complete, but, in the interests of national 
security, it is necessary to retain this information to aid in 
establishing patterns of activity and providing intelligence leads.
    (11) Subsection (e)(8). Serving notice could give persons 
sufficient warning to evade intelligence collection and anti-terrorism 
efforts.
    (12) Subsections (g) and (h). These subsections are inapplicable to 
the extent that this system is exempt from

[[Page 26038]]

other specific subsections of the Privacy Act.

    Dated: April 27, 2007.
Lee J. Lofthus,
Assistant Attorney General for Administration.
 [FR Doc. E7-8764 Filed 5-7-07; 8:45 am]
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