[Federal Register Volume 80, Number 58 (Thursday, March 26, 2015)]
[Notices]
[Pages 16025-16028]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-06934]


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DEPARTMENT OF JUSTICE

[CPCLO Order No. 003-2015]


Privacy Act of 1974; System of Records

AGENCY: Department of Justice.

ACTION: Notice of a new system of records and removal of one system of 
records notice.

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SUMMARY: Pursuant to the Privacy Act of 1974, 5 U.S.C. 552a, and Office 
of Management and Budget (OMB) Circular No. A-130, notice is hereby 
given that the Department of Justice (Department or DOJ) proposes to 
establish a new Department-wide system of records entitled, 
``Department of Justice, Giglio Information Files,'' JUSTICE/DOJ-017. 
This system has been established to enable DOJ investigative agencies 
to collect and maintain records of potential impeachment information 
and to disclose such information to DOJ prosecuting offices in order to 
ensure that prosecutors receive sufficient information to meet their 
obligations under Giglio v. United States, 405 U.S. 150 (1972). The 
system has also been established to enable DOJ prosecuting offices to 
maintain records of potential impeachment information obtained from DOJ 
investigative agencies, other federal agencies, and state and local 
agencies and to disclose such information in accordance with the Giglio 
decision. The purpose of publishing this Department-wide notice is to 
provide a comprehensive notice to cover all Department Giglio records, 
thereby increasing administrative efficiency and promoting consistent 
maintenance of Department Giglio records in accordance with the 
Attorney General's Giglio Policy (found in Section 9-5.100 of the 
United States Attorneys' Manual) as updated in 2014. Accordingly, this 
Department-wide system notice replaces, and the Department hereby 
removes, the notice for the system entitled, ``United States Attorney's 
Office, Giglio Information Files,'' JUSTICE/USA-018, 65 FR 75308 (Dec. 
1, 2000).

DATES: In accordance with 5 U.S.C. 552a(e)(4) and (11), the public is 
given a 30-day period in which to comment. Therefore, please submit any 
comments by April 27, 2015.

ADDRESSES: The public, OMB, and Congress are invited to submit any 
comments to the Department of Justice, ATTN: Privacy Analyst, Office of 
Privacy and Civil Liberties, U.S. Department of Justice, National Place 
Building, 1331 Pennsylvania Avenue NW., Suite 1000, Washington, DC 
20530, or by facsimile at (202) 307-0693. To ensure proper handling, 
please reference the CPCLO Order Number indicated above on your 
correspondence.

FOR FURTHER INFORMATION CONTACT: Tricia Francis, Executive Office for 
United States Attorneys, FOIA/Privacy Act Staff, 600 E Street NW., 
Suite 7300, Washington, DC 20530, or by facsimile at (202) 252-6047.

SUPPLEMENTARY INFORMATION: This Department-wide system notice replaces 
the notice for the system entitled, ``United States Attorney's Office, 
Giglio Information Files,'' JUSTICE/USA-018, 65 FR 75308 (Dec. 1, 
2000). That system of records was exempt from certain provisions of the 
Privacy Act pursuant to 5 U.S.C. 552a(j) and (k). Those exemptions are 
codified in the Code of Federal Regulations (CFR) section for Exemption 
of United States Attorneys Systems (28 CFR 16.81(g) and (h)). The 
Department is establishing a new CFR section for exemptions of the 
JUSTICE/DOJ-017 system (28 CFR 16.135) and amending 28 CFR 16.81 by 
removing paragraphs (g) and (h). In the meantime, the Department 
intends that the exemptions established in 28 CFR 16.81(g) and (h) will 
continue to apply to the JUSTICE/USA-018 system and all its records 
until 28 CFR 16.135 is effective.
    In accordance with 5 U.S.C. 552a(r), the Department has provided a 
report to OMB and Congress on this new system of records.

     Dated: March 4, 2015.
Erika Brown Lee,
Chief Privacy and Civil Liberties Officer, United States Department of 
Justice.
JUSTICE/DOJ-017

SYSTEM NAME:
    Department of Justice, Giglio Information Files.

SECURITY CLASSIFICATION:
    Unclassified.

SYSTEM LOCATION:
    Records in this system are located at United States Attorneys' 
Offices and Department of Justice litigating sections with authority to 
prosecute criminal cases (``DOJ prosecuting offices'') as well as the 
Federal Bureau of Investigation, the Drug Enforcement Administration, 
the Bureau of Alcohol, Tobacco, Firearms and Explosives, the United 
States Marshals Service, the Office of the Inspector General, and the 
Office of Professional Responsibility (``DOJ investigative agencies''). 
For office locations, see http://www.justice.gov and the Web sites for 
DOJ prosecuting offices and investigative agencies.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Individuals who may serve as affiants or testify as witnesses in 
criminal proceedings brought by the United States Attorneys' Offices 
and Department of Justice litigating sections with authority to 
prosecute criminal cases, including the Criminal Division, National 
Security Division, Civil Rights Division, Antitrust Division, 
Environment and Natural Resources Division, Tax Division, and Civil 
Division.

CATEGORIES OF RECORDS IN THE SYSTEM:
    This system contains potential witness impeachment information, 
including records of disciplinary actions. Potential impeachment 
information has been generally defined as impeaching information which 
is material to the defense of a federal criminal prosecution. It also 
includes information that either casts a substantial doubt upon the 
accuracy of any evidence, including witness testimony, the prosecutor 
intends to rely on to prove an element of any crime charged or might 
have a significant bearing on the admissibility of

[[Page 16026]]

prosecution evidence. Records 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. 
Impeachment files may include internal investigation reports, 
violations of agency rules and regulations, and other negative 
credibility findings based on the witness' or affiant's prior 
statements made under oath. Giglio systems may also include records 
that track requests and responses for record-keeping purposes. Other 
categories of records include written statements, human resources 
records, complaints from the public, police reports, and/or other 
disciplinary records. The system may also contain any related judicial 
rulings, pleadings, correspondence, or memoranda pertaining to the 
relevant criminal case. Records also include identifying information 
concerning covered individuals such as name, employing agency, job 
title, and business contact information.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    This system is established and maintained under the authority of 28 
U.S.C. 516 and 547.

PURPOSE OF THE SYSTEM:
    The purpose of this system is to ensure that the Department's 
prosecutors and investigative agencies receive sufficient information 
to meet their obligations under Giglio v. United States, 405 U.S. 150 
(1972). This system enables the Department's prosecuting offices and 
investigative agencies to collect, maintain, and disclose records of 
potential impeachment information that is material to the defense of 
federal criminal prosecutions.
    Primary users of this system will be Agency Officials, who are 
senior officials serving as the points of contact concerning potential 
impeachment information within each of the Department's investigative 
agencies; Requesting Officials, who are senior officials serving as the 
points of contact concerning potential impeachment information within 
each of the Department's prosecuting offices; and Assistant United 
States Attorneys and other Department 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) In an appropriate proceeding before a court, grand jury, or 
administrative or adjudicative body, when the Department of Justice 
determines that the records are arguably relevant to the proceeding; or 
in an appropriate proceeding before an administrative or adjudicative 
body when the adjudicator determines the records to be relevant to the 
proceeding.
    (c) Where a record, either alone or in conjunction with other 
information, indicates a violation or potential violation of law--
criminal, civil, or regulatory in nature--the relevant records may be 
referred to the appropriate federal, state, local, territorial, tribal, 
or foreign law enforcement authority or other appropriate entity 
charged with the responsibility for investigating or prosecuting such 
violation or charged with enforcing or implementing such law.
    (d) To any person or entity that the Department has reason to 
believe possesses information regarding a matter within the 
jurisdiction of the Department, to the extent deemed to be necessary by 
the Department in order to elicit such information or cooperation from 
the recipient for use in the performance of an authorized activity.
    (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) To the news media and the public, including disclosures 
pursuant to 28 CFR 50.2, unless it is determined that release of the 
specific information in the context of a particular case would 
constitute an unwarranted invasion of personal privacy.
    (i) To a Member of Congress or staff acting upon the Member's 
behalf when the Member or staff requests the information on behalf of, 
and at the request of, the individual who is the subject of the record.
    (j) To the National Archives and Records Administration for 
purposes of records management inspections conducted under the 
authority of 44 U.S.C. 2904 and 2906.
    (k) To a former employee of the Department for purposes of: 
Responding to an official inquiry by a federal, state, or local 
government entity or professional licensing authority, in accordance 
with applicable Department regulations; or facilitating communications 
with a former employee that may be necessary for personnel-related or 
other official purposes where the Department requires information and/
or consultation assistance from the former employee regarding a matter 
within that person's former area of responsibility.
    (l) To appropriate agencies, entities, and persons when (1) the 
Department suspects or has confirmed that the security or 
confidentiality of information in the system of records has been 
compromised; (2) the Department has determined that as a result of the 
suspected or confirmed compromise there is a risk of harm to economic 
or property interests, identity theft or fraud, or harm to the security 
or integrity of this system or other systems or programs (whether 
maintained by the Department or another agency or entity) that rely 
upon the compromised information; and (3) the disclosure made to such 
agencies, entities, and persons is reasonably necessary to assist in 
connection with the Department's efforts to respond to the suspected or 
confirmed compromise and prevent, minimize, or remedy such harm.
    (m) To such recipients and under such circumstances and procedures 
as are mandated by federal statute or treaty.

DISCLOSURE TO CONSUMER REPORTING AGENCIES:
    None.

[[Page 16027]]

POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, 
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
    Records in this system are stored in paper and/or electronic 
format. Electronic records are stored in databases and/or on hard 
disks, removable storage devices, or other electronic media. Paper 
records may be stored in individual file folders and file cabinets with 
controlled access, and/or other appropriate GSA-approved security 
containers.

RETRIEVABILITY:
    Individual records are accessed by use of data-retrieval 
capabilities of computers. Hard-copy formats are accessed via manual 
retrieval. Data will be retrieved through a number of criteria, 
including witness or affiant name, case name, or other personal 
identifier.

SAFEGUARDS:
    Records are safeguarded in accordance with applicable laws, rules, 
and policies, including the Department's automated systems security and 
access policies and the Attorney General's Giglio Policy, as set forth 
in Section 9-5.100 of the United States Attorneys' Manual. Records 
maintained by DOJ prosecuting offices are securely maintained and are 
accessible only upon a request to a Giglio Requesting Official or other 
senior management entrusted with this responsibility. Records are only 
disclosed to requesting prosecutors within the prosecuting office on a 
case-related, need-to-know basis. In general, records and technical 
equipment are maintained in facilities with restricted access. For 
electronic records, the required use of password protection 
identification and other logical safeguards also restrict access.

RETENTION AND DISPOSAL:
    Records are retained and destroyed in accordance with applicable 
schedules and procedures issued or approved by the National Archives 
and Records Administration (NARA). Retention periods vary depending on 
the type of the record. The General Records Schedule (GRS) for Giglio 
files is GRS 20. All records will also be maintained in accordance with 
the Attorney General's Giglio Policy, found in Section 9-5.100 of the 
United States Attorneys' Manual. Accordingly, whenever potential 
impeachment information has been disclosed to the court or defense, or 
when a decision has been made that an agency employee should not 
testify or serve as an affiant because of potential impeachment 
information, the potential impeachment information, together with any 
related judicial rulings, pleadings, correspondence, or memoranda, will 
be retained in the prosecuting 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. In other 
circumstances, prosecuting offices may keep any written legal analysis 
and substantive communications integral to the analysis, including 
legal advice relating to the decision, and a summary of the potential 
impeachment information in the Giglio system of records, but the 
complete description of the potential impeachment information received 
from the Agency Official will not be maintained in this system of 
records. When an employee has retired, has been transferred to an 
office in another judicial district, or has been reassigned to a 
position in which the employee will neither be an affiant nor witness, 
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. More specifically, the records must be removed at the 
conclusion of the direct and collateral appeals, if any, or within one 
year of the agency employee's retirement, transfer, or reassignment, 
whichever is later.

SYSTEM MANAGER(S) AND ADDRESS:
    The system managers for this system are the Giglio Requesting 
Official within each DOJ prosecuting office and the Agency Official 
within each DOJ investigative agency, as those officials are defined in 
Section 9-5.100 of the United States Attorneys' Manual. For office 
locations, see www.justice.gov and the Web sites for DOJ prosecuting 
offices and investigative agencies.

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

RECORD ACCESS PROCEDURES:
    Giglio information is maintained at DOJ prosecuting offices and DOJ 
investigative agencies. The system managers for specific DOJ component 
information are as follows:
    For Antitrust Division information contact: FOIA/PA Unit, DOJ/
Antitrust Division, 450 Fifth Street NW., Suite 1000, Washington, DC 
20530-0001.
    For the Bureau of Alcohol, Tobacco, Firearms and Explosives 
information contact: Disclosure Division, DOJ/Bureau of Alcohol, 
Tobacco, Firearms and Explosives, 99 New York Avenue NE., Room 1E 400, 
Washington, DC 20226.
    For Civil Division information contact: FOIA/PA Office, DOJ/Civil 
Division, Room 7304, 20 Massachusetts Avenue NW., Washington, DC 20530.
    For Civil Rights Division information contact: FOIA/PA Branch, DOJ/
Civil Rights Division, 950 Pennsylvania Avenue NW., Room 3234, 
Washington, DC 20530-0001.
    For Criminal Division information contact: FOIA/PA Unit, DOJ/
Criminal Division, Keeney Building, Suite 1127, Washington, DC 20530-
0001.
    For Drug Enforcement Administration information contact: FOIA/PA 
Unit (SARF), DOJ/Drug Enforcement Administration, 8701 Morrissette 
Drive, Springfield, VA 22152.
    For Environment and Natural Resources Division information contact: 
FOIA/PA Office, Law and Policy Section, DOJ/Environment and Natural 
Resources Division, P.O. Box 4390, Ben Franklin Station, Washington, DC 
20044-4390.
    For Executive Office for United States Attorneys information 
contact: FOIA/PA Staff, DOJ/EOUSA, 600 E Street NW., Room 7300, 
Washington, DC 20530-0001. Contact information for individual United 
States Attorneys' Offices in the 94 Federal judicial districts 
nationwide can be located at www.usdoj.gov/usao.
    For Federal Bureau of Investigation information contact: Federal 
Bureau of Investigation, Record/Information Dissemination Section, 170 
Marcel Drive, Winchester, VA 22602-4483.
    For National Security Division information contact: FOIA Public 
Liaison, DOJ/National Security Division, 950 Pennsylvania Avenue NW., 
Room 6150, Washington, DC 20530-0001.
    For Office of the Inspector General information contact: FOIA 
Contact, DOJ/Office of the Inspector General, Office of General 
Counsel, 950 Pennsylvania Avenue NW., Room 4726, Washington, DC 20530.
    For Office of Professional Responsibility information contact: 
Special Counsel for FOIA/PA, DOJ/Office of Professional Responsibility, 
950 Pennsylvania Avenue NW., Suite 3266, Washington, DC 20530.
    For Tax Division information contact: Assistant Attorney General, 
Tax Division, U.S. Department of Justice, 950 Pennsylvania Avenue NW., 
Washington, DC 20530.
    For United States Marshals Service information contact: FOIA/PA 
Officer, Office of General Counsel, DOJ/U.S. Marshals Service, CS4, 
10th Floor, 2604 Jefferson Davis Highway, Alexandria, VA 22301.

[[Page 16028]]

    A request for access to a record in this system must be submitted 
in writing and comply with 28 CFR part 16. The envelope and the letter 
should be clearly marked ``Privacy Act Access Request.'' The request 
should include a general description of the records sought and must 
include the requester's full name, current address, and date and place 
of birth. The request must be signed and dated and either notarized or 
submitted under the penalty of perjury. Although no specific form is 
required, requesters may obtain a form (Form DOJ-361) for use in 
certification of identity from the FOIA/Privacy Act Mail Referral Unit, 
Justice Management Division, United States Department of Justice, 950 
Pennsylvania Avenue NW., Washington, DC 20530-0001, or from the 
Department's Web site at http://www.justice.gov/oip/forms/cert_ind.pdf. 
As described below in the section entitled ``Exemptions Claimed for the 
System,'' the Attorney General has exempted this system of records from 
the notification, access, and amendment provisions of the Privacy Act. 
These exemptions apply only to the extent that the information in the 
system is subject to exemption pursuant to 5 U.S.C. 552a(j) and/or (k). 
An individual who is the subject of a record in this system may seek 
access to those records that are not exempt from the access provisions. 
A determination whether a record may be accessed will be made at the 
time a request is received.

CONTESTING RECORDS PROCEDURE:
    Individuals seeking to contest or amend information maintained in 
the system should direct their requests to the address indicated in the 
``Record Access Procedures'' section, above. The request must comply 
with 28 CFR 16.46 and state clearly and concisely what information is 
being contested, the reasons for contesting it, and the proposed 
amendment to the record(s). Some information may be exempt from the 
amendment provisions, as described in the section entitled ``Exemptions 
Claimed for the System.'' An individual who is the subject of a record 
in this system may seek amendment of those records that are not exempt. 
A determination whether a record may be amended will be made at the 
time a request is received.

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

EXEMPTIONS CLAIMED FOR THE SYSTEM:
    The Attorney General has exempted this system from subsections 
(c)(3) and (4); (d)(1), (2), (3), and (4); (e)(1), (2), (3), (4)(G), 
(H), and (I), (5), and (8); (f); and (g) of the Privacy Act pursuant to 
5 U.S.C. 552a(j) and (k). The exemptions will be applied only to the 
extent that the information in the system is subject to exemption 
pursuant to 5 U.S.C. 552a(j) and (k). 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.

[FR Doc. 2015-06934 Filed 3-25-15; 8:45 am]
 BILLING CODE 4410-FB-P