Exemption of Systems of Records Under the Privacy Act

DEPARTMENT OF JUSTICE

28 CFR Part 16

[AAG/A Order No. 123-96]

Exemption of Systems of Records Under the Privacy Act

AGENCY: Department of Justice.

ACTION: Proposed rule.

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SUMMARY: The Department of Justice, Drug Enforcement Administration

(DEA), proposes to amend its Privacy Act regulations to provide clarity

and to include an additional reason for the exemption from subsection

(e)(3). The additional reason will contribute to a better understanding

of the need for the exemption. The revised language applies to the

following systems of records as named in paragraphs (c)(1) through

(c)(6): Air Intelligence Program (Justice/DEA-001), Investigative

Reporting and Filing System (Justice/DEA-008), Planning and Inspection

Division Records (Justice/DEA-010), Operations Files (Justice/DEA-011),

Security Files (Justice/DEA-013), and System to Retrieve Information

from Drug Evidence (Stride/Ballistics) (Justice/DEA-014).

DATES: All comments must be received by November 18, 1996.

ADDRESSES: To the extent that exemption from subsection (e)(3) has

already been promulgated, it is unnecessary to offer an opportunity for

comment. Nevertheless, an opportunity to comment on the additional

reason therefor is extended. All comments should be addressed to

Patricia E. Neely, Program Analyst, Information Management and Security

Staff, Information Resources Management, Department of Justice,

Washington, DC 20530 (Room 850, WCTR Building).

FOR FURTHER INFORMATION CONTACT: Patricia E. Neely, Program Analyst

(202-616-0178).

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, it is

hereby stated that the order will not have a ``significant economic

impact on a substantial number of small entities.''

List of Subjects in Part 16

Administrative practices and procedure, Courts, Freedom of

Information Act, Government in the Sunshine Act, and the Privacy Act.

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 set forth below.

Dated: October 3, 1996.

Stephen R. Colgate,

Assistant Attorney General for Administration.

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. It is proposed to amend 28 CFR 16.98 by revising paragraph

(d)(6) as follows:

Sec. 16.98 Exemption of the Drug Enforcement Administration (DEA)--

Limited Access.

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(d) * * *

(6) From subsection (e)(3) because the requirements thereof would

constitute a serious impediment to law enforcement in that they could

compromise the existence of an actual or potential confidential

investigation and/or permit the record subject to speculate on the

identity of a potential confidential source, and endanger the life,

health or physical safety of either actual or potential confidential

informants and witnesses, and of investigators/law enforcement

personnel. In addition, the notification requirement of subsection

(e)(3) could impede collection of that information from the record

subject, making it necessary to collect the information solely from

third party sources and thereby inhibiting law enforcement efforts.

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[FR Doc. 96-26285 Filed 10-16-96; 8:45 am]

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