[Code of Federal Regulations]
[Title 28, Volume 1]
[Revised as of July 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 28CFR16.1]

[Page 267-269]
 
                    TITLE 28--JUDICIAL ADMINISTRATION
 
                    CHAPTER I--DEPARTMENT OF JUSTICE
 
PART 16_PRODUCTION OR DISCLOSURE OF MATERIAL OR INFORMATION--Table of Contents
 
  Subpart A_Procedures for Disclosure of Records Under the Freedom of 
                             Information Act
 
Sec.  16.1  General provisions.




  Subpart A_Procedures for Disclosure of Records Under the Freedom of 
                             Information Act

Sec.
16.1 General provisions.
16.2 Public reading rooms.
16.3 Requirements for making requests.
16.4 Responsibility for responding to requests.
16.5 Timing of responses to requests.
16.6 Responses to requests.
16.7 Classified information.
16.8 Business information.
16.9 Appeals.
16.10 Preservation of records.
16.11 Fees.
16.12 Other rights and services.

   Subpart B_Production or Disclosure in Federal and State Proceedings

16.21 Purpose and scope.
16.22 General prohibition of production or disclosure in Federal and 
          State proceedings in which the United States is not a party.
16.23 General disclosure authority in Federal and State proceedings in 
          which the United States is a party.
16.24 Procedure in the event of a demand where disclosure is not 
          otherwise authorized.
16.25 Final action by the Deputy or Associate Attorney General.
16.26 Considerations in determining whether production or disclosure 
          should be made pursuant to a demand.
16.27 Procedure in the event a department decision concerning a demand 
          is not made prior to the time a response to the demand is 
          required.
16.28 Procedure in the event of an adverse ruling.
16.29 Delegation by Assistant Attorneys General.

Appendix to Subpart B--Redelegation of Authority to the Deputy Assistant 
          Attorney General for Litigation, Antitrust Division, To 
          Authorize Production or Disclosure of Material or Information

   Subpart C_Production of FBI Identification Records in Response to 
                  Written Requests by Subjects Thereof

16.30 Purpose and scope.
16.31 Definition of identification record.
16.32 Procedure to obtain an identification record.

[[Page 268]]

16.33 Fee for production of identification record.
16.34 Procedure to obtain change, correction or updating of 
          identification records.

 Subpart D_Protection of Privacy and Access to Individual Records Under 
                         the Privacy Act of 1974

16.40 General provisions.
16.41 Requests for access to records.
16.42 Responsibility for responding to requests for access to records.
16.43 Responses to requests for access to records.
16.44 Classified information.
16.45 Appeals from denials of requests for access to records.
16.46 Requests for amendment or correction of records.
16.47 Requests for an accounting of record disclosures.
16.48 Preservation of records.
16.49 Fees.
16.50 Notice of court-ordered and emergency disclosures.
16.51 Security of systems of records.
16.52 Contracts for the operation of record systems.
16.53 Use and collection of social security numbers.
16.54 Employee standards of conduct.
16.55 Other rights and services.

      Subpart E_Exemption of Records Systems Under the Privacy Act

16.70 Exemption of the Office of the Attorney General System--limited 
          access.
16.71 Exemption of the Office of the Deputy Attorney General System--
          limited access.
16.72 Exemption of Office of the Associate Attorney General System--
          limited access.
16.73 Exemption of Office of Legal Policy System--limited access.
16.74 Exemption of Office of Intelligence Policy and Review Systems--
          limited access.
16.75 Exemption of the Office of the Inspector General Systems/Limited 
          Access.
16.76 Exemption of Justice Management Division.
16.77 Exemption of U.S. Trustee Program System--limited access.
16.78 Exemption of the Special Counsel for Immigration-Related, Unfair 
          Employment Practices Systems.
16.79 Exemption of Pardon Attorney System.
16.80 Exemption of Office of Professional Responsibility System--limited 
          access.
16.81 Exemption of United States Attorneys Systems--limited access.
16.82 Exemption of the National Drug Intelligence Center Data Base--
          limited access.
16.83 Exemption of the Executive Office for Immigration Review System--
          limited access.
16.84 Exemption of Immigration Appeals System.
16.85 Exemption of U.S. Parole Commission--limited access.
16.88 Exemption of Antitrust Division Systems--limited access.
16.89 Exemption of Civil Division Systems--limited access.
16.90 Exemption of Civil Rights Division Systems.
16.91 Exemption of Criminal Division Systems--limited access, as 
          indicated.
16.92 Exemption of Environment and Natural Resources Division Systems--
          limited access.
16.93 Exemption of Tax Division Systems--limited access.
16.96 Exemption of Federal Bureau of Investigation Systems--limited 
          access.
16.97 Exemption of Bureau of Prisons Systems--limited access.
16.98 Exemption of the Drug Enforcement Administration (DEA)--limited 
          access.
16.99 Exemption of the Immigration and Naturalization Service Systems-
          limited access.
16.100 Exemption of Office of Justice Programs--limited access.
16.101 Exemption of U.S. Marshals Service Systems--limited access, as 
          indicated.
16.102 Exemption of Drug Enforcement Administration and Immigration and 
          Naturalization Service Joint System of Records.
16.103 Exemption of the INTERPOL-United States National Central Bureau 
          (INTERPOL-USNCB) System.
16.104 Exemption of Office of Special Counsel--Waco System.
16.105 Exemption of Foreign Terrorist Tracking Task Force System.
16.106 Exemption of the Bureau of Alcohol, Tobacco, Firearms, and 
          Explosives (ATF)--Limited Access.
16.130 Exemption of Department of Justice Systems: Correspondence 
          Management Systems for the Department of Justice (DOJ-003); 
          Freedom of Information Act, Privacy Act and Mandatory 
          Declassification Review Requests and Administrative Appeals 
          for the Department of Justice (DOJ-004).
16.131 Exemption of Department of Justice (DOJ)/Nationwide Joint 
          Automated Booking System (JABS), DOJ-005.
16.132 Exemption of Department of Justice System--Personnel 
          Investigation and Security Clearance Records for the 
          Department of Justice (DOJ), DOJ-006.

[[Page 269]]

       Subpart F_Public Observation of Parole Commission Meetings

16.200 Definitions.
16.201 Voting by the Commissioners without joint deliberation.
16.202 Open meetings.
16.203 Closed meetings--Formal procedure.
16.204 Public notice.
16.205 Closed meetings--Informal procedures.
16.206 Transcripts, minutes, and miscellaneous documents concerning 
          Commission meetings.
16.207 Public access to nonexempt transcripts and minutes of closed 
          Commission meetings--Documents used at meetings--Record 
          retention.
16.208 Annual report.

   Subpart G_Access to Documents by Former Employees of the Department

16.300 Access to documents for the purpose of responding to an official 
          inquiry.
16.301 Limitations.

Appendix I to Part 16--Components of the Department of Justice

    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.


    Source: Order No. 2156-98, 63 FR 29593, June 1, 1998, unless 
otherwise noted.


    (a) This subpart contains the rules that the Department of Justice 
follows in processing requests for records under the Freedom of 
Information Act (FOIA), 5 U.S.C. 552. These rules should be read 
together with the FOIA, which provides additional information about 
access to records maintained by the Department. Requests made by 
individuals for records about themselves under the Privacy Act of 1974, 
5 U.S.C. 552a, which are processed under subpart D of this part, are 
processed under this subpart also. Information routinely provided to the 
public as part of a regular Department activity (for example, press 
releases issued by the Office of Public Affairs) may be provided to the 
public without following this subpart. As a matter of policy, the 
Department makes discretionary disclosures of records or information 
exempt from disclosure under the FOIA whenever disclosure would not 
foreseeably harm an interest protected by a FOIA exemption, but this 
policy does not create any right enforceable in court.
    (b) As used in this subpart, component means each separate bureau, 
office, board, division, commission, service, or administration of the 
Department of Justice.