Department of Justice.
The Department of Justice currently exempts the following system of records from subsection (d) of the Privacy Act, pursuant to 5 U.S.C. 552a(j)(2): Controlled Substances Act Nonpublic Records (JUSTICE/JMD-002). This final rule makes changes to reflect the current statutory authority, as well as the primary reason for exempting the system.
This final rule is effective October 30, 2001.Start Further Info
FOR FURTHER INFORMATION CONTACT:
Mary Cahill at 202-307-1823.End Further Info End Preamble Start Supplemental Information
On July 20, 2001 (66 FR 37939), a proposed rule was published in the Federal Register with an invitation to comment. No comments were received.
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.Start List of Subjects
List of Subjects in Part 16
- Administrative Practices and Procedures
- Freedom of Information Act
- Privacy Act, and Government in Sunshine Act
PART 16—AMENDEDEnd Part Start Amendment Part
1. The authority for part 16 continues to read as follows:End Amendment Part Start Amendment Part
2. It is proposed to amend 28 CFR 16.76 by revising paragraph (b)(1) as follows:End Amendment Part
(b) Exemption from subsection (d) is justified for the following reasons:
(1) Access to and use of the nonpublic records maintained in this system are restricted by law. Section 3607(b) of Title 18 U.S.C. (enacted as part of the Sentencing Reform Act of 1984, Pub. L. 98-473, Chapter II) provides that the sole purpose of these records shall be for use by the courts in determining whether a person found guilty of violating section 404 of the Controlled Substances Act qualifies:
(i) for the disposition available under 18 U.S.C. 3607(a) to persons with no prior conviction under a Federal or State law relating to controlled substances, or
(ii) for an order, under 18 U.S.C. 3607(c), expunging all official records (except the nonpublic records to be retained by the Department of Justice) of the arrest and any subsequent criminal proceedings relating to the offense.
Dated: October 17, 2001.
Janis A. Sposato,
Acting Assistant Attorney General for Administration.
[FR Doc. 01-27202 Filed 10-29-01; 8:45 am]
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