[Federal Register Volume 70, Number 172 (Wednesday, September 7, 2005)]
[Proposed Rules]
[Pages 53133-53134]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-17701]


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DEPARTMENT OF JUSTICE

28 CFR Part 16

[AAG/A Order No. 009-2005]


Justice Management Division; Privacy Act of 1974; Implementation

AGENCY: Justice Management Division, Justice.

ACTION: Proposed rule.

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SUMMARY: The Department of Justice (DOJ), Justice Management Division 
(JMD), proposes to exempt from certain subsections of the Privacy Act, 
a new Privacy Act system of records entitled ``Federal Bureau of 
Investigation Whistleblower Case Files, JMD-023,'' as described in 
today's notice section of the Federal Register. The system maintains 
all documents and evidence filed with the Director of the Office of 
Attorney Recruitment and Management (OARM), JMD, pertaining to requests 
for corrective action by employees of, or applicants for employment 
with, the Federal Bureau of Investigation (FBI) (or recommendations for 
corrective action by the Office of the Inspector General or Office of 
Professional Responsibility) brought under the FBI's whistleblower 
regulations.

DATES: Submit any comments by October 17, 2005.

ADDRESSES: Address all comments in writing to Mary Cahill, Management 
and Planning Staff, Justice Management Division, Department of Justice, 
Washington, DC 20530 (1400 National Place Building), Facsimile Number 
(202) 307-1853. To ensure proper handling, please reference the AAG/A 
Order No.

[[Page 53134]]

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: <a href="/cdn-cgi/l/email-protection#34707b7e64465d4255574d75776064465b445b475150665153415855405d5b5a47744147505b5e1a535b42"><span class="__cf_email__" data-cfemail="d3979c9983a1baa5b2b0aa92908783a1bca3bca0b6b781b6b4a6bfb2a7babcbda093a6a0b7bcb9fdb4bca5">[email protected]</span></a>; 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: Mary Cahill, (202) 307-1823.

SUPPLEMENTARY INFORMATION: The FBI's whistleblower regulations are at 
28 CFR part 27; the specific role of the OARM is at 28 CFR part 27.4. 
This is the basis for the new system of records, ``Federal Bureau of 
Investigation Whistleblower Case Files, JMD-023.'' The DOJ/JMD proposes 
to exempt this system of records from 5 U.S.C. 552a(c)(3) and (4); 
(d)(1), (2), (3), and (4); (e)(1), (2), (3), (5), and (8); and (g). The 
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) and (k).
    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.

List of Subjects in 28 CFR Part 16

    Administrative Practices and Procedures, Courts, Freedom of 
Information, Sunshine Act, 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:
    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, 9701.

Sec.  16.76  [Amended]

    2. Section 16.76 is amended by adding paragraphs (c) and (d) to 
read as follows:
* * * * *
    (c) The following system of records is exempted from 5 U.S.C. 
552a(c)(3) and (4); (d)(1), (2), (3), and (4); (e)(1), (2), (3), (5), 
and (8); and (g): Federal Bureau of Investigation Whistleblower Case 
Files (Justice/JMD-023). These exemptions apply only to the extent that 
information in a record contained within this system is subject to 
exemptions pursuant to 5 U.S.C. 552a(j)(2) and (k).
    (d) Exemption from the particular subsections is justified for the 
following reasons:
    (1) Subsection (c)(3). To provide the subject with an accounting of 
disclosures of records in this system could inform that individual of 
the existence, nature, or scope of an actual or potential law 
enforcement or counterintelligence investigation, and thereby seriously 
impede law enforcement or counterintelligence efforts by permitting the 
record subject and other persons to whom he might disclose the records 
to avoid criminal penalties, civil remedies, or counterintelligence 
measures.
    (2) Subsection (c)(4). This subsection is inapplicable to the 
extent that an exemption is being claimed for subsection (d).
    (3) Subsection (d)(1). Information within this record system could 
relate to official federal investigations and matters of law 
enforcement. Individual access to these records could compromise 
ongoing investigations, reveal confidential informants and/or sensitive 
investigative techniques used in particular investigations, or 
constitute unwarranted invasions of the personal privacy of third 
parties who are involved in a certain investigation. Disclosure may 
also reveal information relating to actual or potential law enforcement 
investigations. Disclosure of classified national security information 
would cause damage to the national security of the United States.
    (4) Subsection (d)(2). Amendment of these records could interfere 
with ongoing criminal or civil law enforcement proceedings and impose 
an impossible administrative burden by requiring 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) Subsection (e)(1). It is often impossible to determine in 
advance if investigatory information contained in this system is 
accurate, relevant, timely and complete, but, in the interests of 
effective law enforcement and counterintelligence, it is necessary to 
retain this information to aid in establishing patterns of activity and 
provide investigative leads.
    (7) Subsection (e)(2). To collect information from the subject 
individual could serve to notify the subject individual that he or she 
is the subject of a criminal investigation and thereby present a 
serious impediment to such investigations.
    (8) Subsection (e)(3). To inform individuals as required by this 
subsection could reveal the existence of a criminal investigation and 
compromise investigative efforts.
    (9) Subsection (e)(5). It is often impossible to determine in 
advance if investigatory information contained in this system is 
accurate, relevant, timely and complete, but, in the interests of 
effective law enforcement and counterintelligence, it is necessary to 
retain this information to aid in establishing patterns of activity and 
provide investigative leads.
    (10) Subsection (e)(8). To serve notice could give persons 
sufficient warning to evade investigative efforts.
    (11) Subsection (g). This subsection is inapplicable to the extent 
that the system is exempt from other specific subsections of the 
Privacy Act.

    Dated: August 31, 2005.
Paul R. Corts,
Assistant Attorney General for Administration.
[FR Doc. 05-17701 Filed 9-6-05; 8:45 am]
BILLING CODE 4410-FR-P


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