[Federal Register Volume 66, Number 65 (Wednesday, April 4, 2001)]
[Rules and Regulations]
[Pages 17809-17810]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-8284]


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DEPARTMENT OF JUSTICE

28 CFR Part 16

[AAG/A Order No. 224-2001]


Privacy Act of 1974; Implementation

AGENCY: Department of Justice.

ACTION: Final rule.

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SUMMARY: The Department of Justice is exempting 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. This 
system of records is maintained by the Executive Office for United 
States Attorneys and the ninety-four United States Attorneys' offices 
(see Appendix identified as Justice/USA-999, last published February 3, 
1993 (58 FR 6983), and posted on the internet website of the Executive 
Office for United States Attorneys at http://www.usdoj.gov/eousa). The 
system is entitled, ``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.

EFFECTIVE DATE: April 4, 2001.

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

SUPPLEMENTARY INFORMATION: On December 1, 2000, (65 FR 75201) a 
proposed rule was published in the Federal Register in an invitation to 
comment. No comments were received.
    This order relates to individuals rather than small business 
entities. Nevertheless, pursuant to the requirements of the Regulatory 
Flexibility Act, 5 U.S.C. 601-612, 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 28 CFR Part 16

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

    Dated: March 29, 2001.
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, 
28 CFR part 16 is amended 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. Section 16.81 is amended by redesignating current paragraph (g) 
as (i) and adding paragraphs (g) and (h) to read as follows:


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

* * * * *
    (g) The Giglio Impeachment 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

[[Page 17810]]

extent that information in this system is subject to exemption pursuant 
to 5 U.S.C. 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 interest 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).
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[FR Doc. 01-8284 Filed 4-3-01; 8:45 am]
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