[Federal Register Volume 70, Number 220 (Wednesday, November 16, 2005)]
[Proposed Rules]
[Pages 69486-69487]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-22640]


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DEPARTMENT OF JUSTICE

28 CFR Part 16

[AAG/A Order No. 015-2005]


Privacy Act of 1974; Implementation

AGENCY: Department of Justice.

ACTION:  Proposed rule.

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SUMMARY: The Department of Justice, Tax Division, proposes to amend 28 
CFR part 16 to exempt a newly revised Privacy Act system of records 
entitled ``Files of Applicants For Attorney and Non-Attorney Positions 
with the Tax Division, Justice/TAX-003,'' as described in today's 
notice section of the Federal Register, from 5 U.S.C. 552a(c)(3), 
(d)(1), and (e)(1). 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(k)(2) and (k)(5). The exemptions are necessary to protect 
the confidentiality of employment records. The Department also proposes 
to delete as obsolete provisions exempting two former Tax Division 
systems of records: ``Freedom of Information/Privacy Act Request Files, 
Justice/TAX-004;'' and ``Tax Division Special Project Files, Justice/
TAX-005.'' The records in Tax-004 are now covered by a Departmentwide 
system notice, ``Freedom of Information Act, Privacy Act, and Mandatory 
Declassification Review Requests and Administrative Appeals, DOJ-004''. 
The relevant records in TAX-005 are now part of the revised system 
entitled ``Criminal Tax Case Files, Special Project Files, Docket 
Cards, and Associated Records, Justice/TAX-001.''

DATES: Submit any comments by December 27, 2005.

ADDRESSES: Address all comments 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. 
on your correspondence. You may view 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#25616a6f75574c5344465c64667175574a554a564041774042504944514c4a4b56655056414a4f0b424a53"><span class="__cf_email__" data-cfemail="793d3633290b100f181a00383a2d290b1609160a1c1d2b1c1e0c15180d1016170a390c0a1d1613571e160f">[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.

[[Page 69487]]


SUPPLEMENTARY INFORMATION: 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 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 16.93 is amended by:
    a. Removing the first sentence of paragraph (a)(2);
    b. Revising paragraph (b) introductory text;
    c. Revising paragraphs (e) and (f).
    Therefore, amend the section to read as follows:


Sec.  16.93  Exemption of Tax Division Systems--limited access.

* * * * *
    (b) The system of records listed under paragraph (a)(1) of this 
section is exempted for the reasons set forth below, from the following 
provisions of 5 U.S.C. 552a:
* * * * *
    (e) The following system of records is exempt from subsections 
(c)(3), (d)(1), and (e)(1) of the Privacy Act pursuant to 5 U.S.C. 
552a(k)(2) and (k)(5): Files of Applicants for Attorney and Non-
Attorney Positions with the Tax Division, Justice/TAX-003. These 
exemptions apply only to the extent that information in a record is 
subject to exemption pursuant to 5 U.S.C. 552a(k)(2) and (k)(5).
    (f) Exemption from the particular subsections is justified for the 
following reasons:
    (1) From subsection (c)(3) because an accounting could reveal the 
identity of confidential sources and result in an unwarranted invasion 
of the privacy of others. Many persons are contacted who, without an 
assurance of anonymity, refuse to provide information concerning an 
applicant for a position with the Tax Division. Disclosure of an 
accounting could reveal the identity of a source of information and 
constitutes a breach of the promise of confidentiality by the Tax 
Division. This would result in the reduction in the free flow of 
information vital to a determination of an applicant's qualifications 
and suitability for federal employment.
    (2) From subsection (d)(1) because disclosure of records in the 
system could reveal the identity of confidential sources and result in 
an unwarranted invasion of the privacy of others. Many persons are 
contacted who, without an assurance of anonymity, refuse to provide 
information concerning an applicant for a Tax Division position. Access 
could reveal the identity of the source of the information and 
constitute a breach of the promise of confidentiality on the part of 
the Tax Division. Such breaches ultimately would restrict the free flow 
of information vital to a determination of an applicant's 
qualifications and suitability.
    (3) From subsection (e)(1) because in the collection of information 
for investigation and evaluative purposes, it is impossible to 
determine in advance what exact information may be of assistance in 
determining the qualification and suitability of an applicant. 
Information which may appear irrelevant, when combined with other 
seemingly irrelevant information, can on occasion provide a composite 
picture of an applicant for a position which assists in determining 
whether the applicant should be hired.

    Dated: November 7, 2005.
Paul R. Corts,
Assistant Attorney General for Administration.
[FR Doc. 05-22640 Filed 11-15-05; 8:45 am]
BILLING CODE 4410-16-P


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