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[Federal Register Volume 65, Number 232 (Friday, December 1, 2000)]
[Rules and Regulations]
[Pages 75159-75160]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-30608]

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DEPARTMENT OF JUSTICE

28 CFR Part 16

[AAG/A Order No. 208-2000]

Privacy Act of 1974; Implementation

AGENCY: Department of Justice.

ACTION: Final rule.

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SUMMARY: The Department of Justice is exempting a Privacy Act system of 
records 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). This system of records is maintained by the 
Office of Special Counsel--Waco (OSCW) and is entitled ``CaseLink 
Document Database for Office of Special Counsel--Waco, JUSTICE/OSCW-
001.''

[[Page 75160]]

    The system of records may contain information which relates to 
official federal investigation. The exemptions are necessary to protect 
law enforcement and investigatory information and functions as 
described in the proposed rule and will be applied only to the 
investigatory information contained in this system.

EFFECTIVE DATE: December 1, 2000.

FOR FURTHER INFORMATION CONTACT: Mary Cahill at 202-307-1823.

SUPPLEMENTARY INFORMATION: On September 5, 2000 (65 FR 53679) a 
proposed rule was published in the Federal Register with an invitation 
to comment. No comments were received.
    Regulatory Flexibility Act: 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.
    Executive Order No. 12866: The Attorney General has determined that 
this rule is not a significant regulatory action under Executive Order 
No. 12866, and accordingly, this rule has not been reviewed by the 
Office of Management and Budget.

List of Subjects in 28 CFR Part 16

    Administrative Practices and Procedures, Courts, Freedom of 
Information Act, Privacy Act, and Government in Sunshine Act.

    Dated: November 21, 2000.
Stephen R. Colgate,
Assistant Attorney General for Administration.

    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, 
CFR part 16 is amended as follows:
    1. The authority 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. 28 CFR Part 16 is amended by adding to Subpart E Sec. 16.104 to 
read as follows:

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

Sec. 16.104  Exemption of Office of Special Counsel--Waco System.

    (a) The following 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): 
CaseLink Document Database for Office of Special Counsel--Waco, 
JUSTICE/OSCW-001. 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) Only that portion of this system which consists of criminal or 
civil investigatory information is exempted for the reasons set forth 
from the following subsections:
    (1) Subsection (c)(3). To provide the subject of a criminal or 
civil matter or case under investigation with an accounting of 
disclosures of records concerning him or her would inform that 
individual of the existence, nature, or scope of that investigation and 
thereby seriously impede law enforcement efforts by permitting the 
record subject and other persons to whom he might disclose the records 
to avoid criminal penalties and civil remedies.
    (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 investigatory information 
could interfere with the investigation, reveal the identity of 
confidential sources, and result in an unwarranted invasion of the 
privacy of others.
    (4) Subsection (d)(2). Amendment of the records would interfere 
with ongoing criminal law enforcement proceedings and impose an 
impossible administrative burden by requiring criminal 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) Subsections (e)(1) and (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 leads in 
criminal investigations.
    (7) Subsection (e)(2). To collect information from the subject 
individual would serve notice that he or she is the subject of criminal 
investigative or law enforcement activity and thereby present a serious 
impediment to law enforcement.
    (8) Subsection (e)(3). To inform individuals as required by this 
subsection would reveal the existence of an investigation and 
compromise law enforcement efforts.
    (9) Subsection (e)(8). To serve notice would give persons 
sufficient warning to evade law enforcement efforts.
    (10) Subsection (g). This subsection is inapplicable to the extent 
that the system is exempt from other specific subsections of the 
Privacy Act.
[FR Doc. 00-30608 Filed 11-30-00; 8:45 am]
BILLING CODE 4410-EW-M
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