[Federal Register Volume 70, Number 55 (Wednesday, March 23, 2005)]
[Rules and Regulations]
[Pages 14559-14560]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-5654]


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GENERAL SERVICES ADMINISTRATION

41 CFR Part 105

[GSPMR Amendment 2005-01; GSPMR Case 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: Final rule.

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SUMMARY: The GSA Office of Inspector General (OIG) is publishing a 
final rule amending the General Services Administration Property 
Management Regulation (GSPMR) to exempt the new system of records, 
Internal Evaluation Case Files (GSA/ADM-25), from certain information 
disclosure provisions. Due to the law enforcement nature of the 
records, a rule amendment is required in order to invoke the relevant 
exemptions under the Privacy Act of 1974, as amended (5 U.S.C 552a). 
The exemption will assist the OIG to efficiently and effectively 
perform internal investigations and other authorized duties and 
activities.

DATES: March 23, 2005.

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.

ADDRESSES: Any correspondence relating to this rule amendment 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.

SUPPLEMENTARY INFORMATION:

A. Background

    In the December 29, 2004, issue of the Federal Register, an OIG 
notice was 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. An amendment to GSPMR 105-64.6 
(41 CFR 105-64.6) is necessary to exempt that 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 exempts 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. Sec.  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 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 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

[[Page 14560]]

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 exempts 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 GSPMR 105-
64.6 (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.
    A notice of the proposed rule to amend the GSPMR was published on 
December 29, 2004, for public comment. No comments were received during 
the 30-day comment period. Therefore, the amendments are finalized in 
this final rule.
    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), 
GSA certifies that the amendment to its regulations would not have a 
significant economic impact on a substantial number of small entities 
within the meaning of the RFA. The purpose of the amendment, pursuant 
to the Privacy Act, is solely to exempt from disclosure certain files 
of the GSA's OIG that will be kept in a new system of records within 
the GSA OIG. The 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: March 15, 2005.
June V. Huber,
Director, Office of Information Management, Office of the Chief People 
Officer.

0
Therefore, GSA is amending 41 CFR part 105--64 as set forth below:

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

0
1. The authority citation for 41 CFR part 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.).

0
2. Amend section 105-64.601 by adding paragraph (c) before the 
undesignated paragraph following paragraph (b); 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:


105-64.601  General exemptions.

* * * * *
    (c) Internal Evaluation Case Files, GSA/ADM-25.
* * * * *

0
2. Amend section 105-64.602 by adding paragraph (d) before the 
undesignated paragraph following paragraph (c); 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:


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. 05-5654 Filed 3-22-05; 8:45 am]
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