38000 Federal Register / Vol. 66, No. 140 / Friday, July 20, 2001 / Notices

DEPARTMENT OF JUSTICE

[AAG/A Order No. 234–2001]

Privacy Act of 1974; System of

Records

The Department of Justice proposes to

modify the Controlled Substances Act

Nonpublic Records System, JUSTICE/

JMD–002. The primary purpose for

establishing the system of records was

to retain a nonpublic record as required

by former section 404(b) of Public Law

91–513, the Controlled Substances Act,

solely for use by the Federal courts in

determining in subsequent proceedings,

whether a person found guilty of

violating that Act qualified for dismissal

and discharge or for an expungement

order under certain of the Act’s

provisions. That provision was removed

from the Controlled Substances Act by

the Sentencing Reform Act of 1984,

Public Law 98–473, Title II, and

incorporated in substantially identical

form into a newly enacted provision of

the criminal code, 18 U.S.C. 3607(b).

The Department now proposes to

modify the system to reflect the

appropriate authority for maintenance

of the system. The routine use section

of the system notice has been modified

to delete unnecessary routine use

disclosures.

In addition, the Department is

revising the ‘‘System Location’’ and

‘‘System Manager and Address’’

sections to reflect a move of the system.

Title 5 U.S.C. 552a(e)(4) and (11)

provide that the public be given 30 days

in which to comment on the proposed

routine uses. Any comments must be

submitted in writing to Mary Cahill,

Management Analyst, Management and

Planning Staff, Justice Management

Division, Department of Justice,

Washington, DC 20530 by (30 days from

publication of this notice).

As required by 5 U.S.C. 552a(r) and

Office of Management and Budget

(OMB) implementing regulations, the

Department of Justice has provided a

report on the proposed changes to OMB

and the Congress.

A modified system description is set

forth below.

Dated: June 18, 2001.

Janis A. Sposato,

Acting Assistant Attorney General for

Administration.

JUSTICE/JMD–002

SYSTEM NAME:

Controlled Substances Act Nonpubic

Records.

SYSTEM LOCATION:

U.S. Department of Justice, Justice

Management Division, Information

Management and Security Staff,

Washington, DC 20530.

CATEGORIES OF INDIVIDUALS COVERED BY THE

SYSTEM:

Persons found guilty for the first time

of violating section 404 of the

Controlled Substances Act (21 U.S.C.

844), i.e., persons who knowingly or

intentionally possessed a controlled

substance, except as authorized by the

Act, whose cases have been in subject

of a disposition under 18 U.S.C. 3607(a)

or an order of expungement under 18

U.S.C. 3607(c).

CATEGORIES OF RECORDS IN THE SYSTEM:

Arrest records of law enforcement

agencies, which include personal data,

photographs, fingerprints, copies of

court orders and Form OBD–140 (18

U.S.C. 3607).

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:

This system is established and

maintained in accordance with Public

Law 98–473, Chapter II, the sentencing

Reform Act of 1984 (18 U.S.C. 3607).

ROUTINE USES OF RECORDS MAINTAINED IN THE

SYSTEM, INCLUDING CATEGORIES OF USERS AND

THE PURPOSES OF SUCH USES:

These records are retained by the

Department of Justice and are available

only to a Federal court upon that court’s

issuance of an order demanding such

records solely for the purpose of use by

said court in determining whether or

not a person found guilty of an offense

under section 404 of the Controlled

Substances Act (21 U.S.C. 844) qualifies

for the disposition provided in 18 U.S.C.

3607(a) or the expungement provided in

18 U.S.C. 3607(c).

RELEASE OF INFORMATION TO THE NATIONAL

ARCHIVES AND RECORDS ADMINISTRATION:

Subject to approval by the Attorney

General or the President under 44 U.S.C.

2906, a record from this system of

records may be disclosed to the National

Archives and Records Administration

(NARA) as part of a records

management inspection conducted

under the authority of 44 U.S.C. 2904.

POLICIES AND PRACTICES FOR STORING,

RETRIEVING, ACCESSING, RETAINING, AND

DISPOSING OF RECORDS IN THE SYSTEM:

STORAGE: RECORDS ARE STORED IN A LOCKED

ROOM.

RETRIEVABILITY: RECORDS ARE INDEXED BY THE

NAME OF THE OFFENDER.

SAFEGUARDS:

Access to these records is restricted to

the Departmental Records Officer and

Assistant Director, Information Security

and Records Management, information

Management and Security Staff, Justice

Management Division.

RETENTION AND DISPOSAL:

Records are retained in accordance

with records retention and disposal

schedules approved by the Archivist of

the United States.

SYSTEM MANAGER(S) AND ADDRESS:

Director, Information Management

and Security Staff, Justice Management

Division, U.S. Department of Justice,

Washington, D.C. 20530.

NOTIFICATION PROCEDURES:

Same as the System Manager.

RECORD ACCESS PROCEDURES:

Same as the System Manger.

CONTESTING RECORD PROCEDURES:

Same as the system manager.

RECORD SOURCE CATEGORIES:

Law enforcement agencies and

Federal courts.

EXEMPTIONS CLAIMED FOR THE SYSTEM:

The Attorney General has exempted

the system from subsection (d) of the

Privacy Act pursuant to 5 U.S.C.

552a(j)(2). Rules have been promulgated

in accordance with the requirements of

5 U.S.C. 553(b)(c) and (e) and have been

published in the Federal Register. A

proposed rule which update the

justification for the exemption is being

published in today’s Federal Register.

[FR Doc. 01–16142 Filed 7–19–01; 8:45 am]

BILLING CODE 4410–FB–M

DEPARTMENT OF LABOR

Office of the Secretary

Submission for OMB Review;

Comment Request

July 10, 2001.

The Department of Labor (DOL) has

submitted the following public

information collection requests (ICRs) to

the Office of Management and Budget

(OMB) for review and approval in

accordance with the Paperwork

Reduction Act of 1995 (Pub. L. 104–13,

44 U.S.C. Chapter 35). A copy of this

ICR, with applicable supporting

documentation, may be obtained by

calling the Department of Labor. To

obtain documentation contact Darrin

King at (202) 693–4129 or by E-Mail

King-Darrin@dol.gov.

Comments should be sent to Office of

Information and Regulatory Affairs,

Attn: Lauren Wittenberg, OMB Desk

Officer VETS, Office of Management

and Budget, Room 10235, Washington,

DC 20503 (202) 395–7316), within 30

days from the date of this publication in

the Federal Register.