[Code of Federal Regulations]

[Title 28, Volume 1]

[Revised as of July 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 28CFR16.91]



[Page 315-328]

 

                    TITLE 28--JUDICIAL ADMINISTRATION

 

                    CHAPTER I--DEPARTMENT OF JUSTICE

 

PART 16_PRODUCTION OR DISCLOSURE OF MATERIAL OR INFORMATION--Table of 

Contents

 

      Subpart E_Exemption of Records Systems Under the Privacy Act

 

Sec. 16.91  Exemption of Criminal Division Systems--limited access, 

as indicated.



    (a) The following systems of records are exempted pursuant to the 

provisions of 5 U.S.C. 552a(j)(2) from subsections (c) (3) and (4), (d), 

(e) (1), (2) and (3), (e)(4) (G), (H) and (I), (e) (5) and (8), (f) and 

(g) of 5 U.S.C. 552a; in addition, the following systems of rec ords are 

exempted pursuant to the provisions of 5 U.S.C. 552a (k)(1) and (k)(2) 

from subsections (c)(3), (d), (e)(1), (e)(4) (G), (H), and (I), and (f) 

of 5 U.S.C. 552a:

    (1) Central Criminal Division, Index File and Associated Records 

System of Records (JUSTICE/CRM-001)--Limited Access.

    (2) General Crimes Section, Criminal Division, Central Index File 

and Associated Records System of Records (JUSTICE/CRM-004)--Limited 

Access.





These exemptions apply to the extent that information in those systems 

are subject to exemption pursuant to 5 U.S.C. 552a (j)(2), (k)(1) and 

(k)(2).

    (b) The systems of records listed under paragraphs (b)(1) and (b)(2) 

of



[[Page 316]]



this section are exempted, for the reasons set forth, from the following 

provisions of 5 U.S.C. 552a:

    (1). (c)(3). The release of the disclosure accounting for 

disclosures made pursuant to subsection (b) of the Act, including those 

permitted under the routine uses published for these systems of records, 

would permit the subject of an investigation of an actual or potential 

criminal, civil, or regulatory violation to determine whether he is the 

subject of investigation, or to obtain valuable information concerning 

the nature of that investigation, and the information obtained, or the 

identity of witnesses and informants and would therefore present a 

serious impediment to law enforcement. In addition, disclosure of the 

accounting would amount to notice to the individual of the existence of 

a record; such notice requirement under subsection (f)(1) is 

specifically exempted for these systems of records.

    (2). (c)(4). Since an exemption is being claimed for subsection (d) 

of the Act (Access to Records) this subsection is inapplicable to the 

extent that these systems of records are exempted from subsection (d).

    (3). (d). Access to the records contained in these systems would 

inform the subject of an investigation of an actual or potential 

criminal, civil, or regulatory violation of the existence of that 

investigation, or the nature and scope of the information and evidence 

obtained as to his activities, of the identity of witnesses and 

informants, or would provide information that could enable the subject 

to avoid detection or apprehension. These factors would present a 

serious impediment to effective law enforcement because they could 

prevent the successful completion of the investigation, endanger the 

physical safety of witnesses or informants, and lead to the improper 

influencing of witnesses, the destruction of evidence, or the 

fabrication of testimony.

    (4). (e)(1). The notices of these systems of records published in 

the Federal Register set forth the basic statutory or related authority 

for maintenance of this system. However, in the course of criminal or 

other law enforcement investigations, cases, and matters, the Criminal 

Division or its components will occasionally obtain information 

concerning actual or potential violations of law that are not strictly 

within its statutory or other authority or may compile information in 

the course of an investigation which may not be relevant to a specific 

prosecution. In the interests of effective law enforcement, it is 

necessary to retain such information in these systems of records since 

it can aid in establishing patterns of criminal activity and can provide 

valuable leads for federal and other law enforcement agencies.

    (5). (e)(2). In a criminal investigation or prosecution, the 

requirement that information be collected to the greatest extent 

practicable from the subject individual would present a serious 

impediment to law enforcement because the subject of the investigation 

or prosecution would be placed on notice as to the existence of the 

investigation and would therefore be able to avoid detection or 

apprehension, to influence witnesses improperly, to destroy evidence, or 

to fabricate testimony.

    (6). (e)(3). The requirement that individuals supplying information 

be provided with a form stating the requirements of subsection (e)(3) 

would constitute a serious impediment to law enforcement in that it 

could compromise the existence of a confidential investigation or reveal 

the identity of witnesses or confidential informants.

    (7). (e)(4) (G) and (H). Since an exemption is being claimed for 

subsections (f) (Agency Rules) and (d) (Access to Records) of the Act 

these subsections are inapplicable to the extent that these systems of 

records are exempted from subsections (f) and (d).

    (8). (e)(4)(I). The categories of sources of the records in these 

systems have been published in the Federal Register in broad generic 

terms in the belief that this is all that subsection (e)(4)(I) of the 

Act requires. In the event, however, that this subsection should be 

interpreted to require more detail as to the identity of sources of the 

records in these systems, exemption from this provision is necessary in 

order to protect the confidentiality of the sources of criminal and 

other law



[[Page 317]]



enforcement information. Such exemption is further necessary to protect 

the privacy and physical safety of witnesses and informants.

    (9). (e)(5). In the collection of information for criminal law 

enforcement purposes it is impossible to determine in advance what 

information is accurate, relevant, timely, and complete. With the 

passage of time, seemingly irrelevant or untimely information may 

acquire new significance as further investigation brings new details to 

light and the accuracy of such information can often only be determined 

in a court of law. The restrictions of subsection (e)(5) would restrict 

the ability of trained investigators, intelligence analysts, and 

government attorneys in exercising their judgment in reporting on 

information and investigations and impede the development of criminal or 

other intelligence necessary for effective law enforcement.

    (10). (e)(8). The individual notice requirements of subsection 

(e)(8) could present a serious impediment to law enforcement as this 

could interfere with the ability to issue warrants or subpoenas and 

could reveal investigative techniques, procedures, or evidence.

    (11). (f). Procedures for notice to an individual pursuant to 

subsection (f)(1) as to the existence of records pertaining to him 

dealing with an actual or potential criminal, civil, or regulatory 

investigation or prosecution must be exempted because such notice to an 

individual would be detrimental to the successful conduct and/or 

completion of an investigation or prosecution pending or future. In 

addition, mere notice of the fact of an investigation could inform the 

subject or others that their activities are under or may become the 

subject of an investigation and could enable the subjects to avoid 

detection or apprehension, to influence witnesses improperly, to destroy 

evidence, or to fabricate testimony.

    Since an exemption is being claimed for subsection (d) of the Act 

(Access to Rec ords) the rules require pursuant to subsection (f) (2) 

through (5) are inapplicable to these systems of records to the extent 

that these systems of records are exempted from subsection (d).

    (12). (g). Since an exemption is being claimed for subsections (d) 

(Access to Rec ords) and (f) (Agency Rules) this section is 

inapplicable, and is exempted for the reasons set forth for those 

subsections, to the extent that these systems of records are exempted 

from subsections (d) and (f).

    (13). In addition, exemption is claimed for these systems of records 

from compliance with the following provisions of the Privacy Act of 1974 

(5 U.S.C. 552a) pursuant to the provisions of 5 U.S.C. 552a(k)(1): 

Subsections (c)(3), (d), (e)(1), (e)(4) (G), (H) and (I) and (f) to the 

extent that the records contained in these systems are specifically 

authorized to be kept secret in the interests of national defense and 

foreign policy.

    (c) The following system of records is exempted pursuant to the 

provisions of 5 U.S.C. 552a(j) (2) from subsection (c) (3) and (4), (d), 

(e) (1), (2) and (3), (e) (4) (G), (H) and (I), (e) (5) and (8), (f) and 

(g) of 5 U.S.C. 552a:



Criminal Division Witness Security File System of Records(JUSTICE/CRM-

002).





These exemptions apply to the extent that information in this system is 

subject to exemption pursuant to 5 U.S.C. 552a(j)(2).

    (d) The system of records listed under paragraph (c) of this section 

is exempted, for the reasons set forth, from the following provisions of 

5 U.S.C. 552a:

    (1). (c)(3) The release of the disclosure accounting for disclosures 

made pursuant to subsection (b) of the Act, including those permitted 

under the routine uses published for these systems of records, would 

permit the subject of an investigation of an actual or potential 

criminal violation, which may include those protected under the Witness 

Security Program, to determine whether he is the subject of a criminal 

investigation, to obtain valuable information concerning the nature of 

that investigation and the information obtained, or the identity of 

witnesses and informants and the nature of their reports, and would 

therefore present a serious impediment to law enforcement. In addition, 

disclosure of the accounting would amount to notice to the individual of 

the existence of a record; such notice requirement under



[[Page 318]]



subsection (f)(1) is specifically exempted for these systems of records. 

Moreover, disclosure of the disclosure accounting to an individual 

protected under the Witness Security Program could jeopardize the 

effectiveness and security of the Program by revealing the methods and 

techniques utilized in relocating witnesses and could therefore 

jeopardize the ability to obtain, and to protect the confidentiality of, 

information compiled for purposes of a criminal investigation.

    (2). (c)(4) Since an exemption is being claimed for subsection (d) 

of the Act (Access to Records) this section is inapplicable.

    (3). (d) Access to the records contained in these systems would 

inform the subject of an investigation of an actual or potential 

criminal violation, which may include those protected under the Witness 

Security Program, of the existence of that investigation, of the nature 

and scope of the information and evidence obtained as to his activities, 

of the identity of witnesses and informants, or would provide 

information that could enable the subject to avoid detection or 

apprehension. These factors would present a serious impediment to 

effective law enforcement because they could prevent the successful 

completion of the investigation, endanger the physical safety of 

witnesses or informants, and lead to the improper influencing of 

witnesses, the destruction of evidence, or the fabrication of testimony. 

In addition, access to the records in these systems to an individual 

protected under the Witness Security Program could jeopardize the 

effectiveness and security of the Program by revealing the methods and 

techniques utilized in relocating witnesses and could therefore 

jeopardize the ability to obtain, and to protect the confidentiality of, 

information compiled for purposes of a criminal investigation.

    (4). Exemption is claimed from subsection (e)(1) for the reasons 

stated in subsection (b)(4) of this section.

    (5). (e)(2) In the course of preparing a Witness Security Program 

for an individual, much of the information is collected from the 

subject. However, the requirement that the information be collected to 

the greatest extent practicable from the subject individual would 

present a serious impediment to criminal law enforcement because the 

individual himself may be the subject of a criminal investigation or 

have been a participant in, or observer of, criminal activity. As a 

result, it is necessary to seek information from other sources. In 

addition, the failure to verify the information provided from the 

individual when necessary and to seek other information could jeopardize 

the confidentiality of the Witness Security Program and lead to the 

obtaining and maintenance of incorrect and uninvestigated information on 

criminal matters.

    (6). (e)(3) The requirement that individuals supplying information 

be provided with a form stating the requirements of subsection (e)(3) 

would constitute a serious impediment to law enforcement in that it 

could compromise or reveal the identity of witnesses and informants 

protected under the Witness Security Program.

    (7). (e)(4) (G) and (H). Since an exemption is being claimed for 

subsections (f) (Agency Rules) and (d) (Access to Records) of the Act 

these subsections are inapplicable.

    (8). (e)(4)(I). The categories of sources of the records in these 

systems have been published in the Federal Register in broad generic 

terms in the belief that this is all that subsection (e)(4)(I) of the 

Act requires. In the event, however, that this subsection should be 

interpreted to require more detail as to the identity of sources of the 

records in the system, exemption from this provision is necessary in 

order to protect the confidentiality of the sources of criminal law, 

enforcement information and of witnesses and informants protected under 

the Witness Security Program.

    (9). Exemption is claimed from subsections (e)(5) and (e)(8) for the 

reasons stated in subsection (b)(9) and (b)(10) of this section.

    (10). Procedures for notice to an individual pursuant to subsection 

(f)(1) as to the existence of records contained in these systems 

pertaining to him would inform the subject of an investigation



[[Page 319]]



of an actual or potential criminal violation, which may include those 

protected under the Witness Security Program, of the existence of that 

investigation, of the nature and scope of the information and evidence 

obtained as to his activities, of the identity of witnesses and 

informants, or would provide information that could enable the subject 

to avoid detection or apprehension. These factors would present a 

serious impediment to effective law enforcement because they could 

prevent the successful conduct and/or completion of an investigation 

pending or future, endanger the physical safety of witnesses or 

informants, and lead to the improper influencing of witnesses, the 

destruction of evidence, or the fabrication of testimony. In addition, 

notices as to the existence of records contained in these systems to an 

individual protected under the Witness Security Program could jeopardize 

the effectiveness and security of the Program by revealing the methods 

and techniques utilized in relocating witnesses and could therefore 

jeopardize the ability to obtain, and to protect the confidentiality of, 

information compiled for purposes of a criminal investigation.





Since an exemption is being claimed for subsection (d) of the Act 

(Access to Records) the rules required pursuant to subsection (f) (2) 

through (5) are inapplicable.

    (11). (g) Since an exemption is being claimed for subsections (d) 

(Access to Records) and (f) (Agency Rules) this section is inapplicable 

and is exempted for the reasons set forth for those subsections.

    (e) The following system of records is exempted pursuant to the 

provisions of 5 U.S.C. 552a(j)(2) from subsections (c) (3) and (4), (d), 

(e) (4) (G), (H) and (I), (f), and (g) of 5 U.S.C. 552a:



Organized Crime and Racketeering Section, Intelligence and Special 

Services Unit, Information Request System of Rec ords (JUSTICE/CRM-014).





These exemptions apply to the extent that information in this system is 

subject to exemption pursuant to 5 U.S.C. 552a(j)(2).

    (f) The system of records listed under paragraph (e) of this section 

is exempted for the reasons set forth, from the following provisions of 

5 U.S.C. 552a:

    (1). (c)(3). The release of the disclosure accounting for 

disclosures made pursuant to subsection (b) of the Act, including those 

permitted under the routine uses published for these systems of records, 

would permit the subject of an investigation of an actual or potential 

criminal violation to determine whether he is the subject of a criminal 

investigation and would therefore present a serious impediment to law 

enforcement. The records in these systems contain the names of the 

subjects of the files in question and the system is accessible by name 

of the person checking out the file and by name of the subject of the 

file. In addition, disclosure of the accounting would amount to notice 

to the individual of the existence of a record; such notice requirement 

under subsection (f)(1) is specifically exempted for these systems of 

records.

    (2). (c)(4). Since an exemption is being claimed for subsection (d) 

of the Act (Access to Records) this section is inapplicable.

    (3). (d). Access to the records contained in these systems would 

inform the subject of an investigation of an actual or potential 

criminal violation of the existence of that investigation. This would 

present a serious impediment to effective law enforcement because it 

could prevent the successful completion of the investigation, endanger 

the physical safety of witnesses or informants, and lead to the improper 

influencing of witnesses, the destruction of evidence, or the 

fabrication of testimony.

    (4). Exemption is claimed from subsections (e)(4) (G), (H) and (I) 

for the reasons stated in subsections (b)(7) and (b)(8) of this section.

    (5). (f). These systems may be accessed by the name of the person 

who is the subject of the file and who may also be the subject of a 

criminal investigation. Procedures for notice to an individual pursuant 

to subsection (f)(1) as to the existence of records pertaining to him, 

which may deal with an actual or potential criminal investigation or 

prosecution, must be exempted because such notice to an individual would 

be detrimental to the successful



[[Page 320]]



conduct and/or completion of the investigation or prosecution pending or 

future. In addition mere notice of the fact of an investigation could 

inform the subject or others that their activities are under or may 

become the subject of an investigation and could enable the subjects to 

avoid detection or apprehension, to influence witnesses improperly, to 

destroy evidence, or to fabricate testimony.





Since an exemption is being claimed for subsection (d) of the Act 

(Access to Records) the rules required pursuant to subsection (f) (2) 

through (5) are inapplicable.

    (6). (g). Since an exemption is being claimed for subsections (d) 

(Access to Rec ords) and (f) (Agency Rules) of the Act this section is 

inapplicable and is exempted for the reasons set forth for those 

subsections.



    (g) The following system of records is exempted pursuant to the 

provisions of 5 U.S.C. 552a(j)(2) from subsections (c)(4), (d), (e)(4) 

(G), (H) and (I), (f) and (g) of 5 U.S.C. 552a.



File of Names Checked to Determine If Those Individuals Have Been the 

Subject of an Electronic Surveillance System of Records (JUSTICE/CRM-

003).





These exemptions apply to the extent that information in this system is 

subject to exemption pursuant to 5 U.S.C. 552a(j)(2).

    (h) The system of records listed under paragraph (g) of this section 

is exempted, for the reasons set forth, from the following provisions of 

5 U.S.C. 552a:

    (1). (c)(4). Since an exemption is being claimed for subsection (d) 

of the Act (Access to Records) this section is inapplicable to the 

extent that this system of records is exempted from subsection (d).

    (2). (d). The records contained in this system of records generally 

consist of information filed with the court in response to the request 

and made available to the requestor. To the extent that these records 

have been so filed, no exemption is sought from the provisions of this 

subsection. Occasionally, the records contain pertinent logs of 

intercepted communications and other investigative reports not filed 

with the court. These records must be exempted because access to such 

records could inform the subject of an investigation of an actual or 

potential criminal violation of the existence of that investigation and 

of the nature of the information and evidence obtained by the 

government. This would present a serious impediment to effective law 

enforcement because it could prevent the successful completion of the 

investigation, endanger the physical safety of witnesses or informants, 

and lead to the improper influencing of witnesses, the destruction of 

evidence, or the fabrication of testimony.

    (3). Exemption is claimed from subsections (e)(4) (G), (H) and (I) 

for the reasons stated in subsections (b)(7) and (b)(8) of this section.

    (4). (f). The records contained in this system of records generally 

consist of information filed with the court and made available to the 

requestor. To the extent that these records have been so filed, no 

exemption is sought from the provisions of this subsection. 

Occasionally, the records contain pertinent logs of intercepted 

communications and other investigative reports not filed with the court. 

These records must be exempted from a requirement of notification as to 

their existence because such notice to an individual would be 

detrimental to the successful conduct and/or completion of a criminal 

investigation or prosecution pending or future. In addition, mere notice 

of the existence of such logs or investigative reports could inform the 

subject or others that their activities are under or may become the 

subject of an investigation and could enable the subjects to avoid 

detection or apprehension, to influence witnesses improperly, to destroy 

evidence, or to fabricate testimony.





Since an exemption is being claimed for subsection (d) of the Act 

(Access to Records) the rules required pursuant to subsection (f) (2) 

through (5) are inapplicable to the extent that this system of records 

is exempted for subsection (d).

    (6). (g). Since an exemption is being claimed for subsections (d) 

(Access to Rec ords) and (f) (Agency Rules) this section is 

inapplicable, and is exempted for the reasons set forth for those 

subsections, to the extent that this system



[[Page 321]]



of records is exempted from subsections (d) and (f).

    (i) The following systems of records are exempted pursuant to the 

provisions of 5 U.S.C. 552a(j)(2) from subsections (c) (3) and (4), (d), 

(e) (1), (2), and (3), (e)(4) (G), (H), and (I), (e) (5) and (8), (f) 

and (g) of 5 U.S.C. 552a:

    (1) Information File on Individuals and Commercial Entities Known or 

Suspected of Being Involved in Fraudulent Activities System of Records 

(JUSTICE/CRM-006).

    (2) The Stocks and Bonds Intelligence Control Card File System of 

Rec ords (JUSTICE/CRM-021).

    (3) Tax Disclosure Index File and Associated Records (JUSTICE/CRM-

025).





These exemptions apply only to the extent that information in these 

systems is subject to exemption pursuant to 5 U.S.C. 552a(j)(2).

    (j) The systems of records listed in paragraphs (i)(1), (i)(2), and 

(i)(3) of this section are exempted, for the reasons set forth, from the 

following provisions of 5 U.S.C. 552a:

    (1)(c)(3) The release of the disclosure accounting for disclosures 

made pursuant to subsection (b) of the act, including those permitted 

under the routine uses published for these systems of records, would 

permit the subject of an investigation of an actual or potential 

criminal violation to determine whether he is the subject of a criminal 

investigation, to obtain valuable information concerning the nature of 

that investigation, and the information obtained, or the identity of 

witnesses and informants, and would therefore present a serious 

impediment to law enforcement. In addition, disclosure of the accounting 

would amount to notice to the individual of the existence of a record; 

such notice requirement under subsection (f)(1) is specifically exempted 

for this system of records.

    (2)(c)(4) Since an exemption is being claimed for subsection (d) of 

the act (access to records), this section is inapplicable to the extent 

that these systems of records are exempted from subsection (d).

    (3)(d) Access to the records contained in these systems would inform 

the subject of an investigation of an actual or potential criminal 

violation of the existence of that investigation, of the nature and 

scope of the information and evidence obtained as to his activities, of 

the identity of witnesses and informants, or would provide information 

that could enable the subject to avoid detection or apprehension. These 

factors would present a serious impediment to effective law enforcement 

because they could prevent the successful completion of the 

investigation, endanger the physical safety of witnesses or informants, 

and lead to the improper influencing of witnesses, the destruction of 

evidence, or the fabrication of testimony.

    (4) Exemption is claimed from subsections (e) (1), (2), and (3), 

(e)(4) (G), (H), and (I), (e)(5) and (e)(8) for the reasons stated in 

subsections (b)(4), (b)(5), (b)(6), (b)(7), (b)(8), (b)(9), and (b)(10) 

of this section.

    (5)(f) Procedures for notice to an individual pursuant to subsection 

(f)(1) as to the existence of records pertaining to him dealing with an 

actual or potential criminal investigation or prosecution must be 

exempted because such notice to an individual would be detrimental to 

the successful conduct and/or completion of an investigation or 

prosecution pending or future. In addition, mere notice of the fact of 

an investigation could inform the subject or others that their 

activities are under or may become the subject of an investigation and 

could enable the subjects to avoid detection or apprehension, to 

influence witnesses improperly, to destroy evidence, or to fabricate 

testimony. Since an exemption is being claimed for subsection (d) of the 

act (access to records), the rules required pursuant to subsection (f) 

(2) through (5) are inapplicable to these systems of records.

    (6)(g) Since an exemption is being claimed for subsections (d) 

(access to records) and (f) (Agency rules), this section is inapplicable 

and is exempted for the reasons set forth for those subsections.

    (k) The following system of records is exempted pursuant to the 

provisions of 5 U.S.C. 552a(j)(2) from subsections (c) (3) and (4), (d), 

(e) (1), (2) and (3), (e)(4) (G), (H) and (I), (e) (5) and (8), (f) and 

(g) of 5 U.S.C. 552a; in addition, the following systems of records are 

exempted pursuant to the provisions of 5 U.S.C.



[[Page 322]]



552a(k)(1) from subsections (c) (3), (d), (e)(1), (e)(4) (G), (H) and 

(I) and (f) of 5 U.S.C. 552a:



Organized Crime and Racketeering Section, Criminal Division, General 

Index File and Associated Records System of Records (JUSTICE/CRM-012).





These exemptions apply to the extent that information in this system is 

subject to exemption pursuant to 5 U.S.C. 552a(j)(2) and (k)(1).

    (l) The system of records listed under paragraph (m)\1\ of this 

section is exempted, for the reasons set forth, from the following 

provisions of 5 U.S.C. 552a:

---------------------------------------------------------------------------



    \1\ Paragraph (m) was redesignated as paragraph (k) at 44 FR 54046, 

Sept. 18, 1979.

---------------------------------------------------------------------------



    (1). Exemption is claimed from subsections (c) (3) and (4) and (d) 

for the reasons stated in subsections (j)(1), (j)(2) and (j)(3) of this 

section.

    (2). (e)(1). The notice for this system of records published in the 

Federal Register sets forth the basic statutory or related authority for 

maintenance of this system. However, in the course of criminal 

investigations, cases, and matters, the Organized Crime and Racketeering 

Section will occasionally obtain information concerning actual or 

potential violations of law that are not strictly within its statutory 

or other authority, or may compile information in the course of an 

investigation which may not be relevant to a specific prosecution. In 

the interests of effective law enforcement, it is necessary to retain 

such information in this system of records since it can aid in 

establishing patterns of criminal activity and can provide valuable 

leads for federal and other law enforcement agencies.

    (3). Exemption is claimed from subsections (e) (2) and (3), (e)(4) 

(G), (H) and (I), (e) (5) and (8), (f) and (g) for the reasons stated in 

subsections (b)(5), (b)(6), (b)(7), (b)(8), (b)(9), (b)(10), (b)(11) and 

(b)(12) of this section.

    (4). In addition, exemption is claimed for this system of records 

from compliance with the following provisions of the Privacy Act of 1974 

(5 U.S.C. 552a) pursuant to the provisions of 5 U.S.C. 552a(k)(1): 

Subsections (c)(3), (d), (e)(1), (e)(4) (G), (H) and (I) and (f) to the 

extent that the records contained in this system are specifically 

authorized to be kept secret in the interests of national defense and 

foreign policy.



    (m) The following system of records is exempted pursuant to the 

provisions of 5 U.S.C. 552a(j)(2) from subsections (c) (3) and (4), (d), 

(e) (2) and (3), (e) (4) (G), (H) and (I), (e) (8), (f) and (g) of 5 

U.S.C. 552a:



Requests to the Attorney General For Approval of Applications to Federal 

Judges For Electronic Interceptions System of Rec ords (JUSTICE/CRM-

019).





These exemptions apply only to the extent that information in this 

system is subject to exemption pursuant to 5 U.S.C. 552a(j)(2).

    (n) The system of records listed in paragraph (m) of this section is 

exempted for the reasons set forth, from the following provisions of 5 

U.S.C. 552a:

    (1). (c)(3). The release of the disclosure accounting for 

disclosures made pursuant to subsection (b) of the Act, including those 

permitted under the routine uses published for these systems of records, 

would permit the subject of an electronic interception to obtain 

valuable information concerning the interception, including information 

as to whether he is the subject of a criminal investigation, by means 

other than those provided for by statute. Such information could 

interfere with the successful conduct and/or completion of a criminal 

investigation, and would therefore present a serious impediment to law 

enforcement. In addition, disclosure of the accounting would amount to 

notice to the individual of the existence of a record; such notice 

requirement under subsection (f)(1) is specifically exempted for these 

systems of records.

    (2). (c)(4). Since an exemption is being claimed for subsection (d) 

of the Act (Access to Records) this section is inapplicable.

    (3). (d). Access to the records contained in these systems would 

inform the subject of an electronic interception of the existence of 

such surveillance including information as to whether he is the subject 

of a criminal investigation by means other than those provided for by 

statute. This



[[Page 323]]



could interfere with the successful conduct and/or completion of a 

criminal investigation and therefore present a serious impediment to law 

enforcement.

    (4). (e)(2). In the context of an electronic interception, the 

requirement that information be collected to the greatest extent 

practicable from the subject individual would present a serious 

impediment to law enforcement because the subject of the investigation 

or prosecution would be placed on notice as to the existence of the 

investigation and this would therefore destroy the efficacy of the 

interception.

    (5). (e)(3). The requirement that individuals supplying information 

be provided with a form stating the requirements of subsection (e)(3) 

would constitute a serious impediment to law enforcement in that it 

could compromise the existence of a confidential electronic interception 

or reveal the identity of witnesses or confidential informants.

    (6). (e)(4) (G) and (H). Since an exemption is being claimed for 

subsections (f) (Agency Rules) and (d) (Access to Records) of the Act 

these subsections are inapplicable.

    (7). Exemption is claimed from subsections (e)(4)(I) and (e)(8) for 

the reasons stated in subsections (b)(8) and (b)(10) of this section.

    (8). (f). Procedures for notice to an individual pursuant to 

subsection (f)(1) as to the existence of records pertaining to him 

dealing with an electronic interception other than pursuant to statute 

must be exempted because such notice to an individual would be 

detrimental to the successful conduct and/or completion of an 

investigation pending or future. In addition, mere notice of the fact of 

an electronic interception could inform the subject or others that their 

activities are under or may become the subject of an investigation and 

could enable the subjects to avoid detection or apprehension, to 

influence witnesses improperly, to destroy evidence, or to fabricate 

testimony.





Since an exemption is being claimed for subsection (d) of the Act 

(Access to Records) the rules required pursuant to subsection (f)(2) 

through (5) are inapplicable to these systems of records to the extent 

that these systems of records are exempted from subsection (d).

    (9). (g). Since an exemption is being claimed for subsection (d) 

(Access to Rec ords) and (f) (Agency Rules) this section is 

inapplicable, and is exempted for the reasons set forth for those 

subsections, to the extent that these systems of records are exempted 

from subsection (d) and (f).

    (o) The following system of records is exempted pursuant to the 

provisions of 5 U.S.C. 552a(j)(2) from subsections (c) (3) and (4), (d), 

(e) (2) and (3), (e) (4) (G), (H), and (I), (e)(8), (f) and (g) of 5 

U.S.C. 552a; in addition the following system of records is exempted 

pursuant to the provisions of 5 U.S.C. 552a(k)(1) and (k)(2) from 

subsections (c)(3), (d), (e)(4) (G), (H) and (I), and (f) of 5 U.S.C. 

552a:



Witness Immunity Records System of Records (JUSTICE/CRM-022).





These exemptions apply only to the extent that information in this 

system is subject to exemption pursuant to 5 U.S.C. 552a (j)(2) and 

(k)(1) and (k)(2).

    (p) The system of records listed under paragraph (q)\2\ of this 

section is exempted, for the reasons set forth, from the following 

provisions of 5 U.S.C. 552a:

---------------------------------------------------------------------------



    \2\ Paragraph (q) was redesignated as paragraph (o) at 44 FR 54046, 

Sept. 18, 1979.

---------------------------------------------------------------------------



    (1). (c)(3). Release of the accounting of disclosures made pursuant 

to subsection (b) of the Act, including those permitted under the 

routine uses published for this system of records, (a) as to a witness 

for whom immunity has been proposed, would inform the individual of the 

existence of the proposed immunity prematurely, thus creating a serious 

impediment to effective law enforcement in that the witness could flee, 

destroy evidence, or fabricate testimony; and (b) as to a witness to 

whom immunity has been granted, or for whom it has been denied, would 

reveal the nature and scope of the activities, if any, of the witness 

known to the government, which would also create a serious impediment to 

effective law enforcement.

    (2). (c)(4). Since an exemption is being claimed for subsection (d) 

of the Act (Access to Records) this section is inapplicable to the 

extent that this



[[Page 324]]



system of records is exempted from subsection (d).

    (3). (d). Access to the records contained in this system (a) as to a 

witness for whom immunity has been proposed, would inform the individual 

of the existence of the proposed immunity prematurely, thus presenting a 

serious impediment to effective law enforcement in that the witness 

could flee, destroy evidence, or fabricate testimony; and (b) as to a 

witness to whom immunity has been granted, or for whom it has been 

denied, would reveal the nature and scope of the activities, if any, of 

the witness known to the government, which would also create a serious 

impediment to effective law enforcement.

    (4). (e)(2). In a witness immunity request matter, the requirement 

that information be collected to the greatest extent practicable from 

the subject individual would present a serious impediment to law 

enforcement because the subject of the immunity request and often the 

subject of the underlying investigation or prosecution would be placed 

on notice as to the existence of the investigation and would therefore 

be able to avoid detection or apprehension, to influence witnesses 

improperly, to destroy evidence, or to fabricate testimony.

    (5). Exemption is claimed from subsections (e)(3), (e)(4)(G), (H) 

and (I), and (e)(8) for the reasons stated in subsections (b)(6), 

(b)(7), (b)(8) and (b)(10) of this section.

    (6). (f). Procedures for notice to an individual pursuant to 

subsection (f)(1) as to the existence of records pertaining to him (a) 

as to a witness for whom immunity has been proposed, would inform the 

individual of the existence of the proposed immunity prematurely, thus 

presenting a serious impediment to effective law enforcement in that the 

witness could flee, destroy evidence, or fabricate testimony; and (b) as 

to a witness to whom immunity has been granted, or for whom it has been 

denied, would reveal the nature and scope of the activity, if any, of 

the witness known to the government, which would also create a serious 

impediment to effective law enforcement.





Since an exemption is being claimed for subsection (d) of the Act 

(Access to Records) the rules required pursuant to subsection (f)(2) 

through (5) are inapplicable to this system of records to the extent 

that this system of records is exempted from subsection (d).

    (7). (g). Since an exemption is being claimed for subsections (d) 

(Access to Rec ords) and (f) (Agency Rules) this section is 

inapplicable, and is exempted for the reasons set forth for those 

subsections, to the extent that this system of records is exempted for 

subsections (d) and (f).

    (8). In addition, exemption is claimed for this system of records 

from compliance with the following provisions of the Privacy Act of 1974 

(5 U.S.C. 552a) pursuant to the provisions of 5 U.S.C. 552a(k)(1): 

subsections (c)(3), (d), (e)(1), (e)(4) (G), (H) and (I) and (f) to the 

extent that the records contained in this system are specifically 

authorized to be kept secret in the interests of national defense and 

foreign policy.

    (q) The following system of records is exempt from 5 U.S.C. 552a(c) 

(3) and (4), (d), (e) (1), (2) and (3), (e)(4) (G), (H) and (I), (e) (5) 

and (8), (f), and (g):

    (1) Freedom of Information/Privacy Act Records (JUSTICE/CRM-024)





These exemptions apply to the extent that information in this system is 

subject to exemption pursuant to 5 U.S.C. 552a(j)(2), (k)(1) and (k)(2).

    (r) Because this system contains Department of Justice civil and 

criminal law enforcement, investigatory records, it is exempted for the 

reasons set forth from the following provisions of 5 U.S.C. 552a:

    (1)(c)(3). The release of the disclosure accounting would present a 

serious impediment to law enforcement by permitting the subject of an 

investigation of an actual or potential criminal, civil, or regulatory 

violation to determine whether he is the subject of investigation, or to 

obtain valuable information concerning the nature of that investigation 

and the information obtained, or to identify witnesses and informants.

    (2)(c)(4). Since an exemption is being claimed for subsection (d) of 

the Act (Access to Records), this subsection is inapplicable to the 

extent that this system of records is exempted from subsection (d).



[[Page 325]]



    (3)(d). Access to records contained in this system would enable the 

subject of an investigation of an actual or potential criminal or civil 

case or regulatory violation to determine whether he or she is the 

subject of investigation, to obtain valuable information concerning the 

nature and scope of the investigation, and information or evidence 

obtained as to his/her activities, to identify witnesses and informants, 

or to avoid detection or apprehension. Such results could prevent the 

successful completion of the investigation, endanger the physical safety 

of witnesses or informants, lead to the improper influencing of 

witnesses, the destruction of evidence, or the fabrication of testimony, 

and thereby present a serious impediment to effective law enforcement. 

Amendment of the records would interfere with ongoing criminal law 

enforcement proceedings and impose an impossible administrative burden 

by requiring criminal investigations to be continuously reinvestigated.

    (4)(e)(1). In the course of criminal or other law enforcement 

investigations, cases, and matters, the Criminal Division will 

occasionally obtain information concerning actual or potential 

violations of law that are not strictly within its statutory or other 

authority, or it may compile information in the course of an 

investigation which may not be relevant to a specific prosecution. In 

the interests of effective law enforcement, it is necessary to retain 

such information since it can aid in establishing patterns of criminal 

activity and can provide valuable leads for Federal and other law 

enforcement agencies.

    (5)(e)(2). To collect information to the greatest extent practicable 

from the subject individual of a criminal investigation or prosecution 

would present a serious impediment to law enforcement. The nature of 

criminal and other investigative activities is such that vital 

information about an individual can only be obtained from other persons 

who are familiar with such individual and his/her activities. In such 

investigations it is not feasible to rely upon information furnished by 

the individual concerning his own activities.

    (6) (e)(3). To provide individuals supplying information with a form 

stating the requirements of subsection (e)(3) would constitute a serious 

impediment to law enforcement in that it could compromise the existence 

of a confidential investigation or reveal the identity of witnesses or 

confidential informants.

    (7)(e)(4) (G) and (H). These subsections are inapplicable to the 

extent that this system is exempt from the access provisions of 

subsection (d) and the rules provisions of subsection (f).

    (8)(e)(4)(I). The categories of sources of the records in this 

system have been published in the Federal Register in broad generic 

terms in the belief that this is all that subsection (e)(4)(I) of the 

Act requires. In the event, however, that this subsection should be 

interpreted to require more detail as to the identity of sources of the 

records in this system, exemption from this provision is necessary to 

protect the confidentiality of the sources of criminal and other law 

enforcement information. Such exemption is further necessary to protect 

the privacy and physical safety of witnesses and informants.

    (9) (e)(5). In the collection of information for criminal law 

enforcement purposes it is impossible to determine in advance what 

information is accurate, relevant, timely, and complete. With the 

passage of time, seemingly irrelevant or untimely information may 

acquire new significance as further investigation brings new details to 

light and the accuracy of such information can often only be determined 

in a court of law. The restrictions of subsection (e)(5) would inhibit 

the ability of trained investigators, intelligence analysts, and 

government attorneys in exercising their judgment in reporting on 

information and investigations and impede the development of criminal or 

other intelligence necessary for effective law enforcement.

    (10)(e)(8). The individual notice requirements of subsection (e)(8) 

could present a serious impediment to law enforcement as this could 

interfere with the ability to issue warrants or subpoenas and could 

reveal investigative techniques, procedures, or evidence.



[[Page 326]]



    (11)(f). This subsection is inapplicable to the extent that this 

system is exempt from the access provisions of subsection (d).

    (12)(g). Because some of the records in this system contain 

information which was compiled for law enforcement purposes and have 

been exempted from the access provisions of subsection (d), subsection 

(g) is inapplicable.

    (s) The following system of records is exempted from 5 U.S.C. 

552a(d).



Office of Special Investigations Displaced Persons Listings (JUSTICE/

CRM-027).





This exemption applies to the extent that the records in this system are 

subject to exemption pursuant to 5 U.S.C. 552a(k)(2).

    (t) Exemption from subsection (d) is justified for the following 

reasons:

    (1) Access to records contained in this system could inform the 

subject of the identity of witnesses or informants. The release of such 

information could present a serious impediment to effective law 

enforcement by endangering the physical safety of witnesses or 

informants; by leading to the improper influencing of witnesses, the 

destruction of evidence, or the fabrication of testimony; or by 

otherwise preventing the successful completion of an investigation.

    (u) The following system of records is exempted pursuant to the 

provisions of 5 U.S.C. 552a(j) and/or (k) from subsections (c)(3) and 

(4); (d)(1), (2), (3), and (4); (e)(1), (2), (3), (5), and (8); and (g) 

of 5 U.S.C. 552a: Organized Crime Drug Enforcement Task Force Fusion 

Center System (JUSTICE/CRM-028). These exemptions apply only to the 

extent that information in this system is subject to exemption pursuant 

to 5 U.S.C. 552a(j) and/or (k).

    (v) Exemptions from the particular subsections are justified for the 

following reasons:

    (1) From subsection (c)(3) because 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 by the Organized 

Crime Drug Enforcement Task Force Fusion Center or the recipient agency, 

and could permit that individual to take measures to avoid detection or 

apprehension, to learn the identity of witnesses and informants, or to 

destroy evidence, and would therefore present a serious impediment to 

law enforcement or counterintelligence efforts. In addition, disclosure 

of the accounting would amount to notice to the individual of the 

existence of a record. Moreover, release of an accounting may reveal 

information that is properly classified pursuant to Executive Order 

12958 (or successor or prior Executive Order) or a statute and could 

compromise the national defense or foreign policy.

    (2) From subsection (c)(4) because this subsection is inapplicable 

to the extent that an exemption is being claimed for subsection (d)(1), 

(2), (3), and (4).

    (3) From subsection (d)(1) because disclosure of records in the 

system could alert the subject of an actual or potential criminal, 

civil, or regulatory violation of the existence of that investigation, 

of the nature and scope of the information and evidence obtained as to 

his activities, of the identity of confidential witnesses and 

informants, of the investigative interest of Organized Crime Drug 

Enforcement Task Force Fusion Center and other intelligence or law 

enforcement agencies (including those responsible for civil proceedings 

related to laws against drug trafficking or related financial crimes); 

lead to the destruction of evidence, improper influencing of witnesses, 

fabrication of testimony, and/or flight of the subject; reveal the 

details of a sensitive investigative or intelligence technique, or the 

identity of a confidential source; or otherwise impede, compromise, or 

interfere with investigative efforts and other related law enforcement 

and/or intelligence activities. In addition, disclosure could invade the 

privacy of third parties and/or endanger the life, health, and physical 

safety of law enforcement personnel, confidential informants, witnesses, 

and potential crime victims. Access to records could also result in the 

release of information properly classified pursuant to Executive Order 

12958 (or successor or prior Executive Order) or by statute,



[[Page 327]]



thereby compromising the national defense or foreign policy.

    (4) From subsection (d)(2) because amendment of the records thought 

to be incorrect, irrelevant, or untimely would also interfere with 

ongoing investigations, criminal or civil law enforcement proceedings, 

and other law enforcement activities and impose an impossible 

administrative burden by requiring investigations, analyses, and reports 

to be continuously reinvestigated and revised.

    (5) From subsections (d)(3) and (4) because these subsections are 

inapplicable to the extent exemption is claimed from (d)(1) and (2).

    (6) From subsection (e)(1) because, in the course of its 

acquisition, collation, and analysis of information under the statutory 

authority granted to it, the Organized Crime Drug Enforcement Task Force 

Fusion Center will occasionally obtain information concerning actual or 

potential violations of law that are not strictly within its statutory 

or other authority or may compile information in the course of an 

investigation which may not be relevant to a specific prosecution. It is 

impossible to determine in advance what information collected during an 

investigation will be important or crucial to the apprehension of 

fugitives. In the interests of effective law enforcement, it is 

necessary to retain such information in this system of records because 

it can aid in establishing patterns of criminal activity and can provide 

valuable leads for federal and other law enforcement agencies. This 

consideration applies equally to information acquired from, or collated 

or analyzed for, both law enforcement agencies and agencies of the U.S. 

foreign intelligence community and military community.

    (7) From subsection (e)(2) because in a criminal, civil, or 

regulatory investigation, prosecution, or proceeding, the requirement 

that information be collected to the greatest extent practicable from 

the subject individual would present a serious impediment to law 

enforcement because the subject of the investigation, prosecution, or 

proceeding would be placed on notice as to the existence and nature of 

the investigation, prosecution, and proceeding and would therefore be 

able to avoid detection or apprehension, to influence witnesses 

improperly, to destroy evidence, or to fabricate testimony. Moreover, 

thorough and effective investigation and prosecution may require seeking 

information from a number of different sources.

    (8) From subsection (e)(3) (to the extent applicable) because the 

requirement that individuals supplying information be provided a form 

stating the requirements of subsection (e)(3) would constitute a serious 

impediment to law enforcement in that it could compromise the existence 

of a confidential investigation or reveal the identity of witnesses or 

confidential informants and endanger their lives, health, and physical 

safety. The individual could seriously interfere with undercover 

investigative techniques and could take appropriate steps to evade the 

investigation or flee a specific area.

    (9) From subsection (e)(5) because the acquisition, collation, and 

analysis of information for law enforcement purposes from various 

agencies does not permit a determination in advance or a prediction of 

what information will be matched with other information and thus whether 

it is accurate, relevant, timely and complete. With the passage of time, 

seemingly irrelevant or untimely information may acquire new 

significance as further investigation brings new details to light and 

the accuracy of such information can often only be determined in a court 

of law. The restrictions imposed by subsection (e)(5) would restrict the 

ability of trained investigators, intelligence analysts, and government 

attorneys to exercise their judgment in collating and analyzing 

information and would impede the development of criminal or other 

intelligence necessary for effective law enforcement.

    (10) From subsection (e)(8) because the individual notice 

requirements of subsection (e)(8) could present a serious impediment to 

law enforcement by revealing investigative techniques, procedures, 

evidence, or interest and interfering with the ability to issue warrants 

or subpoenas, and could give persons sufficient warning to evade 

investigative efforts.

    (11) From subsection (g) because this subsection is inapplicable to 

the extent



[[Page 328]]



that the system is exempt from other specific subsections of the Privacy 

Act.

    (12) In addition, exemption is claimed for this system of records 

from compliance with the following provisions of 5 U.S.C. 552a pursuant 

to the provisions of 5 U.S.C. 552a(k): subsections (c)(3), (d), (e)(1), 

to the extent that the records contained in this system are specifically 

authorized to be kept secret in the interests of national defense and 

foreign policy.



[Order No. 645-76, 41 FR 12640, Mar. 26, 1976, as amended by Order No. 

659-76, 41 FR 32423, Aug. 3, 1976; Order No. 11-78, 43 FR 38386, Aug. 

28, 1978; Order No. 30-79, 44 FR 54046, Sept. 18, 1979; Order Nos. 6-86, 

7-86, 51 FR 15475, 15477, Apr. 24, 1986; Order No. 018-2004, 69 FR 

72114, Dec. 13, 2004]