[Federal Register Volume 65, Number 232 (Friday, December 1, 2000)]
[Notices]
[Pages 75308-75310]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-30609]


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DEPARTMENT OF JUSTICE

[AAG/A Order No. 209-2000]


Privacy Act of 1974; System of Records

    Pursuant to the Privacy Act of 1974 (5 U.S.C. 552a), notice is 
hereby given that the Department of Justice proposes to establish a new 
system of records to be maintained by the 94 United States Attorneys' 
offices nationwide and the Executive Office for United States Attorneys 
(EOUSA) in Washington, D.C.
    The United States Attorneys' Office, Giglio Information Files, 
JUSTICE/USA 018, is a new system of records for which no public notice 
consistent with the provisions of 5 U.S.C. 552(e)(4) and (11) has been 
published. This system has been established to enable the United States 
Attorneys' offices to maintain and disclose records of potential 
impeachment information received from the Department's investigative 
agencies, in accordance with the United States Supreme Court case of 
Giglio v. United States, 405 U.S. 150 (1972). It permits the United 
States Attorneys' offices to acquire, maintain, and disclose for law 
enforcement purposes, records obtained from federal and state agencies' 
personnel records relating to impeachment information that is material 
to the defense.
    Title 5 U.S.C. 552a(e)(4) and (11) provide that the public be given 
a 30-day period in which to comment on the proposed new system. The 
Office of Management and Budget (OMB), which has oversight 
responsibilities under the Act, requires a 40-day period in which to 
conclude its review of the system. Therefore, please submit any 
comments by January 2, 2001. The public, OMB, and the Congress are 
invited to submit written comments to Mary Cahill, Management Analyst, 
Management and Planning Staff, Justice Management Division, Department 
of Justice, Washington, D.C. 20530 (Room 1400, National Place 
Building).
    In accordance with 5 U.S.C. 552a(r), the Department has provided a 
report to OMB and the Congress on the proposed modification.

    Dated: November 21, 2000.
Stephen R. Colgate,
Assistant Attorney General for Administration.
JUSTICE/USA-018

SYSTEM NAME:
    United States Attorney's Office, Giglio Information Files.

SYSTEM LOCATION:
    Ninety-four United States Attorney's offices (see Appendix 
identified as Justice/USA-999, last published 2-3-93 (58 FR 6983)) and 
offices posted on the Internet web site of the Executive Office for 
United States Attorneys (EOUSA) at http://www.usdoj.gov/eousa; and the 
EOUSA, U.S. Department of Justice, 950 Pennsylvania Avenue, NW, 
Washington, DC 20530.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Individuals who may serve as affiants or testify as witnesses in 
criminal proceedings brought by the ninety-four United States 
Attorneys' offices.

CATEGORIES OF RECORDS IN THE SYSTEM:
    This system contains potential witness impeachment information 
including records of disciplinary actions. Records will include, but 
are not limited to: (a) Specific instances of witness conduct that may 
be used for the purpose of attacking the witness' credibility or 
character for truthfulness; (b) evidence in the form of opinion as to a 
witness' character or reputation for truthfulness; (c) prior 
inconsistent statements; and (d) information that may be used to 
suggest that a witness is biased. The system may also contain any 
judicial rulings, related pleadings, correspondence, or memoranda 
pertaining to the relevant criminal case.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    This system is established and maintained under the authority of 5 
U.S.C. 516 and 547.

PURPOSE OF THE SYSTEM:
    This system has been established to enable the Department of 
Justice's prosecuting offices to maintain and disclose records of 
potential impeachment information 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 
information from federal and state agencies and to maintain and 
disclose for law enforcement purposes records of impeachment 
information that is material to the defense of federal criminal 
prosecutions.

[[Page 75309]]

    Primary users of this system will be Requesting Officials, who are 
senior officials serving as the points of contact concerning potential 
impeachment information within each of the United States Attorneys' 
offices, and Assistant United States Attorneys who are prosecuting 
cases and have an obligation to disclose impeachment material under the 
Giglio decision.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND THE PURPOSES OF SUCH USES:
    A record maintained in the system of records may be disseminated as 
a routine use of such record as follows:
    (a) A record will be provided to a court and/or defense attorney in 
satisfaction of the Department's obligations under the Giglio decision.
    (b) A record, or facts derived therefrom, may be disseminated in a 
proceeding before a court or adjudicative body before which the United 
States Attorney's office or the Executive Office for United States 
Attorneys is authorized to appear when (i) the United States Attorney's 
office or the Executive Office for United States Attorneys, or any 
subdivision thereof, or (ii) any employee of the United States 
Attorney's office or the Executive Office for United States Attorneys 
in his or her official capacity, or (iii) any employee of the United 
States Attorney's office or the Executive Office for United States 
Attorneys in his or her individual capacity where the Department of 
Justice has agreed to represent the employee, or (iv) the United 
States, or any agency or subdivision thereof, where the United States 
Attorney's office or the Executive Office for United States Attorneys 
determines that the litigation is likely to affect it or any of its 
subdivisions, is a party to litigation or has an interest in litigation 
and such records are determined by the United States Attorney's office 
or the Executive Office for United States Attorneys to be arguably 
relevant to the litigation;
    (c) In any case in which there is an indication of a violation or 
potential violation of law, criminal or regulatory in nature, the 
record in question may be disseminated to the appropriate federal, 
state, local, or foreign agency charged with the responsibility for 
investigating or prosecuting such violation or charged with enforcing 
or implementing the law;
    (d) In the course of investigating any potential or actual 
violation of any law, criminal, civil, or regulatory in nature, or 
during the course of a trial or hearing or the preparation for a trial 
or hearing for such violation, a record may be disseminated to a 
federal, state, local, or foreign agency, or to an individual or 
organization, if there is reason to believe that such agency, 
individual, or organization possesses information relating to the 
investigation, trial, or hearing and the dissemination is reasonably 
necessary to elicit such information or to obtain the cooperation of a 
witness or an informant;
    (e) A record relating to a case or matter may be disseminated in 
connection with a federal, state, or local administrative or regulatory 
proceeding or hearing in accordance with the procedures governing such 
proceeding or hearing;
    (f) A record relating to a case or matter may be disseminated in an 
appropriate federal, state, local, or foreign court or grand jury 
proceeding in accordance with established constitutional, substantive, 
or procedural law or practice;
    (g) A record relating to a case or matter that has been referred by 
an agency for investigation, prosecution, or enforcement, or that 
involves a case or matter within the jurisdiction of an agency, may be 
disseminated to such agency to notify the agency of the status of the 
case or matter or of any decision or determination that has been made, 
or to make such other inquiries and reports as are necessary during the 
processing of the case or matter;
    (h) Subject to the limitations of 28 CFR 50.2 and after a 
determination that release of the specific record in the context of a 
particular case would not constitute an unwarranted invasion of 
personal privacy, a record may be disseminated to the news media and 
public;
    (i) Records not otherwise required to be released pursuant to 5 
U.S.C. 552a may be made available to a Member of Congress or staff 
acting upon the Member's behalf when the Member or staff requests 
information on behalf of and at the request of the individual who is 
the subject of the record;
    (j) A record may be disclosed as a routine use to the National 
Archives and Records Administration (NARA) and to the General Services 
Administration (GSA) in records management inspections conducted under 
the authority of 44 U.S.C. 2904 and 2906.

POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, 
AND DISPOSING OF RECORDS IN THE SYSTEM: STORAGE:
    Generally, all records are recorded on basic paper/cardboard 
material and stored in file folders in file cabinets. Some offices also 
may maintain the records in electronic format available through the 
Requesting Official's computer terminal.

RETRIEVABILITY:
    Records are retrieved primarily by the name of the prospective 
witness. A record within this system of records may be accessed within 
a United States Attorney's office by the Requesting Official or 
appropriate Assistant United States Attorney.

SAFEGUARDS:
     Records in the system are confidential and are located in file 
cabinets in the United States Attorneys' offices. Offices are locked 
during non-working hours and are secured by either the Federal 
Protective Service, the United States Postal Service, or in a private 
building with controlled access to the various United States Attorneys' 
offices and the Executive Office for United States Attorneys. The 
ability to access electronically is restricted to those who have a 
valid ID and password. Authorized access is limited to those with a 
need-to-know and for the appropriate functions.

RETENTION AND DISPOSAL:
    Records are to be retained and disposed of in accordance with 
agency retention plans. All records will also be maintained in 
accordance with the Attorney General's Giglio Policy found in the 
United States Attorney's Manual, Title 9, paragraph 5.100. Potential 
impeachment information, together with any judicial rulings, related 
pleadings, and related correspondence or memoranda, will be placed in 
the office's Giglio Information File; copies will be provided to the 
agency official that provided the information and to the employing 
agency official for retention. When an employee has retired and any 
litigation pending in the prosecuting office in which the employee 
could be an affiant or witness is resolved, the Requesting Official 
shall remove any record that can be accessed by the identity of the 
employee.

SYSTEM MANAGER(S) AND ADDRESS:
    System Manager for the system in each office is the Giglio 
Requesting Official, as defined in the United States Attorney's Manual, 
Title 9, paragraph 5.100, for the United States Attorney for each 
district (see Appendix USA-999 or EOUSA Internet addresses at http://www.usdoj.gov/eousa).

NOTIFICATION PROCEDURES:
    Address inquiries to the System Managers listed above.

RECORD ACCESS PROCEDURES:
    Pursuant to 5 U.S.C. 552a(j)(2) and (k)(2), this record system has 
been exempted from the access provisions in 5 U.S.C. 552a(d).

[[Page 75310]]

CONTESTING RECORDS PROCEDURE:
    Pursuant to 5 U.S.C. 552a(j)(2) and (k)(2), this record system has 
been exempted from the record contesting provisions in 5 U.S.C. 
552a(d)(3)-(4).

RECORD SOURCE CATEGORIES:
    Sources of records contained in this system include, but are not 
limited to, reports of federal, state and local law enforcement 
agencies; client agencies of the Department of Justice; other non-
Department of Justice investigative agencies; data, memoranda and 
reports from the Court and agencies thereof; and the work product of 
Assistant United States Attorneys, Department of Justice attorneys and 
staff, and legal assistants working on particular cases.

SYSTEM EXEMPTED FROM CERTAIN PROVISIONS OF THE ACT:
    The Attorney General has exempted this system from subsections 
(c)(4), (e)(2), (e)(5), and (g) of the Privacy Act, pursuant to 5 
U.S.C. 552a(j)(2) and exempted this system 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 the system is subject to exemption pursuant to 5 U.S.C. 
552a (j)(2) and (k)(2). Rules have been promulgated in accordance with 
the requirements of 5 U.S.C. 553 (b), (c) and (e) and have been 
published in the Federal Register as of this date and proposed as 
additional to Title 28 Code of Federal Regulations (28 CFR part 16.81).

[FR Doc. 00-30609 Filed 11-30-00; 8:45 am]
BILLING CODE 4410-07-M