[Federal Register Volume 69, Number 249 (Wednesday, December 29, 2004)]
[Proposed Rules]
[Pages 77974-77975]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-28182]


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GENERAL SERVICES ADMINISTRATION

41 CFR Part 105

[GSPMR 2004-105-1]


General Services Administration Property Management Regulations; 
Privacy Act of 1974; New System of Records Exemption

AGENCY: Office of Inspector General, General Services Administration 
(GSA).

ACTION: Proposed rule.

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SUMMARY: The GSA Office of Inspector General (OIG) proposes to amend 
the General Services Administration Property Management Regulation 
(GSPMR) to exempt the new system of records for which a Privacy Act 
notice is being published concurrently with this notice in the Federal 
Register. The proposed new system of records consists of the 
investigatory files of the OIG's Office of Internal Evaluation. Due to 
the law enforcement nature of the records, a proposed rule amendment is 
required in order to invoke the relevant exemptions under the Privacy 
Act of 1974, as amended (5 U.S.C 552a). By relieving the OIG of certain 
information disclosure provisions, the exemption will help ensure that 
the OIG may efficiently and effectively perform internal investigations 
and other authorized duties and activities.

DATES: Interested parties should submit comments in writing on or 
before January 28, 2005 to be considered in the formulation of a final 
rule.

ADDRESSES: Comments should be submitted to the Office of Counsel to the 
Inspector General (JC), Office of Inspector General, General Services 
Administration, 1800 F Street, NW., Washington, DC 20405. Please refer 
to GSPMR case 2004-105-1 in any correspondence relating to this rule 
amendment. Comments also may be submitted through the Federal 
eRulemaking Portal, http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: GSA Privacy Act Officer, General 
Services Administration, Office of the Chief People Officer, 1800 F 
Street, NW., Washington, DC 20405; telephone (202) 501-1452.

SUPPLEMENTARY INFORMATION:

A. Background

    Elsewhere in today's Federal Register, an OIG notice is published 
proposing the establishment of the new system of records ``Internal 
Evaluation Case Files,'' (GSA/ADM-25), under the Privacy Act, as 
amended, 5 U.S.C. 552a. This proposed amendment of 41 CFR 105-64.6 is 
necessary to exempt the new system of records from the provisions of 
the Act that require, among other things, that the OIG provide notice 
when collecting information, account for certain disclosures, permit 
individuals access to their records, and allow them to request that the 
records be amended. These provisions would interfere with the conduct 
of OIG internal investigations if applied to the OIG's maintenance of 
the proposed system of records.
    Accordingly, the OIG proposes to exempt the system of records under 
sections (j)(2) and (k)(2) of the Privacy Act. Section (j)(2), 5 U.S.C. 
552a(j)(2), exempts a system of records maintained by ``the agency or 
component thereof which performs as its principal function any activity 
pertaining to enforcement of criminal laws * * *.'' Section (k)(2), 5 
U.S.C. 552a(k)(2), exempts a system of records consisting of 
``investigatory materials compiled for law enforcement purposes,'' 
where such materials are not within the scope of the (j)(2) exemption 
pertaining to criminal law enforcement.
    Where applicable, section (j)(2) may be invoked to exempt a system 
of records from any Privacy Act provision except: 5 U.S.C. 552a(b) 
(conditions of disclosure); (c)(1) and (2) (accounting of disclosures 
and retention of accounting, respectively); (e)(4)(A) through (F) 
(system notice requirements); (e)(6), (7), (9), (10), and (11) (certain 
agency requirements relating to system

[[Page 77975]]

maintenance); and (i) (criminal penalties). Section (k)(2) may be 
invoked to exempt a system of records from 5 U.S.C. 552a(c)(3) (making 
accounting of disclosures available to the subject individual); (d) 
(access to records); (e)(1) (G), (H) and (I) (notice of certain 
procedures); and (f) (promulgation of certain Privacy Act rules).
    The proposed system of records consists of information covered by 
the (j)(2) and (k)(2) exemptions. The OIG internal evaluation case 
files are maintained pursuant to official investigatory and law 
enforcement functions of the OIG under the authority of the Inspector 
General Act of 1978, Public Law 95-452, 5 U.S.C. App. 3 (1978). 
Furthermore, the OIG constitutes a GSA component that performs as one 
of its principal functions activities pertaining to the enforcement of 
criminal laws, see 5 U.S.C. 552a(j)(2). Information covered under the 
(j)(2) exemption includes, but is not limited to, information compiled 
for the purpose of identifying criminal offenders and alleged offenders 
and consisting of identifying data and notations of arrests, and the 
nature and disposition of criminal charges, sentencing, confinement, 
release, and parole and probation status; information compiled for the 
purpose of a criminal investigation, including reports of informants 
and investigators, that is associated with an identifiable individual; 
or reports of enforcement of the criminal laws from arrest or 
indictment through release from supervision. Information contained in 
OIG complaint and investigative files under the (k)(2) exemption 
relates to non-criminal law enforcement matters, such as information 
pertaining to the investigation of civil, administrative, or regulatory 
violations and similar wrongdoing.
    Access by subject individuals, among others, to this system of 
records, including the names of persons or agencies to whom the 
information has been transmitted, would substantially compromise the 
effectiveness of OIG investigations. Knowledge of such investigations 
could enable suspects to take action to prevent detection of unlawful 
activities, conceal or destroy evidence, or escape prosecution. 
Disclosure of this information could lead to the intimidation of, or 
harm to, informants, witnesses, and their families and could jeopardize 
the safety and well being of investigative and related personnel and 
their families. The imposition of certain restrictions on the manner in 
which investigative information is collected, verified, or retained 
would significantly impede the effectiveness of OIG investigatory 
activities and, in addition, could preclude the apprehension and 
successful prosecution or discipline of persons engaged in fraud or 
other illegal activity.
    For the above reasons, the OIG proposes to exempt the proposed 
system of records containing the OIG internal evaluation case files 
under exemptions (j)(2) and (k)(2) of the Privacy Act by amending 41 
CFR 105-64.6, as provided below. Under this rule, the GSA and the OIG 
specify their systems of records that are exempt from the Privacy Act.
    This is not a significant regulatory action and, therefore, was not 
subject to review under Section 6(b) of Executive Order 12866, 
Regulatory Planning and Review, dated September 30, 1993. This rule is 
not a major rule under 5 U.S.C. 804.

B. Regulatory Flexibility Act

    Pursuant to the Regulatory Flexibility Act (RFA), 5 U.S.C. 605(b), 
the GSA certifies that the proposed amendment to its regulations, if 
adopted, would not have a significant economic impact on a substantial 
number of small entities within the meaning of the RFA. The purpose of 
that amendment, which is proposed pursuant to the Privacy Act, is 
solely to exempt from disclosure certain files of the GSA's OIG that 
would be kept in a new system of records within the GSA OIG. The 
proposed amendment imposes no new regulatory requirements either 
directly or indirectly on anyone, including small entities.

C. Paperwork Reduction Act

    The Paperwork Reduction Act does not apply because the proposed 
changes to the GSPMR do not impose information collection requirements 
that require the approval of the Office of Management and Budget under 
44 U.S.C. 3501, et seq.

D. Energy and Environment Considerations

    We preliminarily conclude that this action will not significantly 
affect either the quality of the human environment or the conservation 
of energy resources.

List of Subjects in 41 CFR Part 105-64

    Privacy.

    Dated: December 17, 2004.
June V. Huber,
Director, Office of Information Management, Office of the Chief People 
Officer.

    Therefore, GSA proposes amending 41 CFR part 105-64 as set forth 
below:

PART 105-64--REGULATIONS IMPLEMENTING THE PRIVACY ACT OF 1974

    1. The authority citation for 41 CFR 105-64 is amended to read as 
follows:

    Authority: The authority provided by Pub. L. 152, Ch. 288, 63 
Stat 377 (codified as amended in scattered section of 40 U.S.C. and 
41 U.S.C.).

    2. Amend section 105-64.601 by adding paragraph (c); and in the 
undesignated paragraph following new paragraph (c) by removing ``and 
GSA/ADM-24'' and adding ``, GSA/ADM-24, and GSA/ADM-25'' in its place. 
The added text reads as follows:


Sec. 105-64.601  General exemptions.

* * * * *
    (c) Internal Evaluation Case Files, GSA/ADM-25.
* * * * *
    2. Amend section 105-64.602 by adding paragraph (d); and in the 
second sentence of the undesignated paragraph following new paragraph 
(d) by removing the words ``identify'' and ``which'' and adding 
``identity'' and ``where'', respectively, in their place; and revising 
the last sentence. The added and revised text reads as follows:


Sec. 105-64.602  Specific exemptions.

* * * * *
    (d) Internal Evaluation Case Files, GSA/ADM-25.
    * * * The systems are exempted to maintain the effectiveness and 
integrity of investigations conducted as part of the Federal Protective 
Service, Office of Inspector General, and internal security law 
enforcement duties or responsibilities in the areas of Federal 
employment, Government contracts, and access to security classified 
information.

[FR Doc. 04-28182 Filed 12-23-04; 8:45 am]
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