[Code of Federal Regulations]
[Title 28, Volume 2]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 28CFR50.23]

[Page 77-78]
 
                    TITLE 28--JUDICIAL ADMINISTRATION
 
              CHAPTER I--DEPARTMENT OF JUSTICE (Continued)
 
PART 50--STATEMENTS OF POLICY--Table of Contents
 
Sec. 50.23  Policy against entering into final settlement agreements or consent decree that are subject to confidentiality provisions and against seeking or 
          concurring in the sealing of such documents.

    (a) It is the policy of the Department of Justice that, in any civil 
matter in which the Department is representing the interests of the 
United States or its agencies, it will not enter into final settlement 
agreements or consent decrees that are subject to confidentiality 
provisions, nor will it seek or concur in the sealing of such documents. 
This policy flows from the principle of openness in government and is

[[Page 78]]

consistent with the Department's policies regarding openness in judicial 
proceedings (see 28 CFR 50.9) and the Freedom of Information Act (see 
Memorandum for Heads of Departments and Agencies from the Attorney 
General Re: The Freedom of Information Act (Oct. 4, 1993)).
    (b) There may be rare circumstances that warrant an exception to 
this general rule. In determining whether an exception is appropriate, 
any such circumstances must be considered in the context of the public's 
strong interest in knowing about the conduct of its Government and 
expenditure of its resources. The existence of such circumstances must 
be documented as part of the approval process, and any confidentiality 
provision must be drawn as narrowly as possible. Non-delegable approval 
authority to determine that an exception justifies use of a 
confidentiality provision in, or seeking or concurring in the sealing 
of, a final settlement or consent decree resides with the relevant 
Assistant Attorney General or United States Attorney, unless authority 
to approve the settlement itself lies with a more senior Department 
official, in which case the more senior official will have such approval 
authority.
    (c) Regardless of whether particular information is subject to a 
confidentiality provision or to seal, statutes and regulations may 
prohibit its disclosure from Department of Justice files. Thus, before 
releasing any information, Department attorneys should consult all 
appropriate statutes and regulations (e.g., 5 U.S.C. 552a (Privacy Act); 
50 U.S.C. 403-3(c)(6) (concerning intelligence sources and methods), and 
Execution Order 12958 (concerning national security information). In 
particular, in matters involving individuals, the Privacy Act regulates 
disclosure of settlement agreements that have not been made part of the 
court record.
    (d) The principles set forth in this section are intended to provide 
guidance to attorneys for the Government and are not intended to create 
or recognize any legally enforceable right in any person.

[Order No. 2270-99, 64 FR 59122, Nov. 2, 1999]