Law

Department of Justice

Pt. 16

States Attorney for the district embracing the place where the civil action or proceeding is brought fully addressing whether the person was acting
as a covered person at the time of the
incident out of which the suit arose,
and a copy of the report shall be sent
by the appropriate Federal agency to
the responsible Branch Director of the
Torts Branch, Civil Division, Department of Justice.
(c) A report under this section shall
be submitted at the earliest possible
date, or within such time as shall be
fixed upon request by the United
States Attorney or the responsible
Branch Director of the Torts Branch.

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§ 15.4

Removal and defense of suits.

(a) The United States Attorney for
the district where the civil action or
proceeding is brought, or any Director
of the Torts Branch, Civil Division, Department of Justice, is authorized to
make the statutory certification that
the Federal employee was acting within the scope of his office or employment with the Federal Government at
the time of the incident out of which
the suit arose.
(b) The United States Attorney for
the district where the civil action or
proceeding is brought, or any Director
of the Torts Branch, Civil Division, Department of Justice, is authorized to
make the statutory certification that
the covered person was acting at the
time of the incident out of which the
suit arose under circumstances in
which Congress has provided by statute
that the remedy provided by the Federal Tort Claims Act is made the exclusive remedy.
(c) A certification under this section
may be withdrawn if a further evaluation of the relevant facts or the consideration of new or additional evidence
calls for such action. The making,
withholding, or withdrawing of certifications, and the removal and defense
of, or refusal to remove or defend, such
civil actions or proceedings shall be
subject to the instructions and supervision of the Assistant Attorney General in charge of the Civil Division or
his or her designee.

PART 16—PRODUCTION OR DISCLOSURE OF MATERIAL OR INFORMATION
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.

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Pt. 16

28 CFR Ch. I (7–1–10 Edition)

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.

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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 National Security Division 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.

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Department of Justice

§ 16.2

16.133 Exemption of Department of Justice
Regional
Data
Exchange
System
(RDEX), DOJ–012.

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.

Subpart A—Procedures for Disclosure of Records Under the
Freedom of Information Act

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

§ 16.1 General provisions.
(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.
§ 16.2

Public reading rooms.

(a) The Department maintains public
reading rooms that contain the records
that the FOIA requires to be made regularly available for public inspection
and copying. Each Department component is responsible for determining
which of the records it generates are
required to be made available in this
way and for making those records
available either in its own reading
room or in the Department’s central
reading room. Each component shall
maintain and make available for public
inspection and copying a current subject-matter index of its reading room
records. Each index shall be updated
regularly, at least quarterly, with respect to newly included records.
(b) The Department maintains public
reading rooms or areas at the locations
listed below:
(1) Bureau of Prisons—on the Seventh Floor, 500 First Street, NW.,
Washington, DC;
(2) Civil Rights Division—in Room
930, 320 First Street, NW., Washington,
DC;
(3) Community Relations Service—in
Suite 2000, 600 E Street, NW., Washington, DC;
(4) Drug Enforcement Administration—in Room W–7216, 700 Army Navy
Drive, Arlington, Virginia;
(5) Executive Office for Immigration
Review (Board of Immigration Appeals)—in Suite 2400, 5107 Leesburg
Pike, Falls Church, Virginia;
(6) Federal Bureau of Investigation—
at the J. Edgar Hoover Building, 935
Pennsylvania Avenue, NW., Washington, DC;

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