[Federal Register Volume 65, Number 232 (Friday, December 1, 2000)]
[Proposed Rules]
[Page 75201]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-30610]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF JUSTICE

28 CFR Part 16

[AAG/A Order No. 210-2000]


Privacy Act of 1974; Implementation

AGENCY: Department of Justice.

ACTION: Proposed rule.

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

SUMMARY: The Department of Justice proposes to exempt a Privacy Act 
system of records from subsections (c) (3) and (4), (d), (e)(1), 
(e)(2), (e)(4)(G) and (H), (e)(5), (f), and (g) of the Privacy Act, 552 
U.S.C. 552a. The system of records is: the ``United States Attorneys' 
Office, Giglio Information Files, JUSTICE/USA-018.''
    The ``United States Attorneys' Office, Giglio Information Files, 
JUSTICE/USA-018'' enables United States Attorneys' offices to maintain 
and disclose records of potential impeachment information received from 
the Department's investigative agencies, in accordance with Giglio v. 
United States, 405 U.S. 150 (1972). It permits the United States 
Attorneys' offices to obtain from federal and state agencies and to 
maintain and disclose for law enforcement purposes records of 
impeachment information that is material to the defense. The exemptions 
are necessary as explained in the accompanying rule.

DATES:  Submit any comments by January 2, 2001.

ADDRESSES: Address all comments to Mary Cahill, Management Analyst, 
Management and Planning Staff, Justice Management Division, Department 
of Justice, Washington, DC 20530 (Room 1400, National Place Building).

FOR FURTHER INFORMATION CONTACT: Mary Cahill--202-307-1823.

SUPPLEMENTARY INFORMATION: In the notice section of today's Federal 
Register, the Department of Justice provides a description of the 
``Giglio Information Files, JUSTICE/USA-018.'' 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-
602, it is hereby stated that the order will not have ``a significant 
economic impact on a substantial number of small entities.''

List of Subjects in Part 16

    Administrative Practices and Procedures, Courts, Freedom of 
Information Act, Government in the Sunshine Act, and the Privacy Act.

    Dated: November 21, 2000.
Stephen R. Colgate,
Assistant Attorney General for Administration.
    Pursuant to the authority vested in the Attorney General by 5 
U.S.C. 552a and delegated to me by Attorney General Order No. 793-78, 
it is proposed to amend part 16 of Title 28 of the Code of Federal 
Regulations as follows:

PART 16--[AMENDED]

    1. The authority for part 16 continues to read as follows:

    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.

    2. It is proposed to amend Sec. 16.81 by redesignating current 
paragraph (g) as (i) and adding paragraphs (g) and (h) to read as 
follows:


Sec. 16.81  Exemption of the United States Attorneys Systems-limited 
access.

* * * * *
    (g) The Giglio Information Files (JUSTICE/USA-018) system of 
records is exempt from 5 U.S.C. 552a subsections (c)(4), (e)(2), 
(e)(5), and (g) of the Privacy Act, pursuant to 5 U.S.C. 552a (j)(2), 
and exempt from subsections (c)(3), (d), (e)(1), (e)(4)(G) and (H), and 
(f), pursuant to 5 U.S.C. 552a (j)(2) and (k)(2). These exemptions 
apply to the extent that information in this system is subject to 
exemption pursuant to 5 U.S.C. Sec. 552a(j)(2) and (k)(2).
    (h) Exemptions from the particular subsections are justified for 
the following reasons:
    (1) From subsection (c)(3); because an exemption is being claimed 
for subsection (d), this subsection will not be applicable.
    (2) From subsection (c)(4); because an exemption is being claimed 
for subsection (d), this subsection will not be applicable.
    (3) From subsection (d); because access to the records contained in 
these systems is not necessary or may impede an ongoing investigation. 
Most information in the records is derivative from the subject's 
employing agency files, and individual access will be through the 
employing agency's files. Additionally, other information in the 
records may be related to allegations against an agent or witness that 
are currently being investigated. Providing access to this information 
would impede the ongoing investigation.
    (4) From subsection (e)(1); because in the interests of effective 
law enforcement and criminal prosecution, Giglio records will be 
retained because they could later be relevant in a different case; 
however, this relevance cannot be determined in advance.
    (5) From subsection (e)(2); because the nature of the records in 
this system, which are used to impeach or demonstrate bias of a 
witness, requires that the information be collected from others.
    (6) From subsections (e)(4) (G) and (H); because this system of 
records is exempt from individual access pursuant to subsections (j) 
and (k) of the Privacy Act of 1974.
    (7) From subsection (e)(5); because the information in these 
records is not being used to make a determination about the subject of 
the records. According to constitutional principles of fairness 
articulated by the Supreme Court in United States v. Giglio, the 
records are required to be disclosed to criminal defendants to ensure 
fairness of criminal proceedings.
    (8) From subsection (f); because records in this system have been 
exempted from the access provisions of subsection (d).
    (9) From subsection (g); because records in this system are 
compiled for law enforcement purposes and have been exempted from the 
access provisions of subsections (d) and (f).
* * * * *
[FR Doc. 00-30610 Filed 11-30-00; 8:45 am]
BILLING CODE 4410-07-M