Privacy Act of 1974; Implementation

DEPARTMENT OF JUSTICE

28 CFR Part 16

[AAG/A Order No. 178-99]

Privacy Act of 1974; Implementation

AGENCY: Department of Justice.

ACTION: Proposed Rule.

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SUMMARY: The Department of Justice proposes to further exempt the

United States Marshals Service Internal Affairs System, JUSTICE/USM-

002, from subsections (e)(1) and (e)(5) of the Privacy Act pursuant to

5 U.S.C. 552a(j)(2), (k)(2) and (k)(5). This system is currently exempt

from subsections (c)(3) and (4), (d), (e)(2) and (3), (e)(4)(G) and

(H), (e)(8), (f) and (g) pursuant to subsections (j)(2) and (k)(5). In

addition to records compiled during the course of investigations of

allegations of misconduct or criminal violations by USMS personnel,

this system also contains records compiled for law enforcement

investigations related to actual or potential civil and regulatory

violations. The additional exemptions are necessary to avoid

interference with such law enforcement investigations and to protect

the privacy of third party individuals. The reasons for the exemptions

are set forth in the text below.

DATES: Submit any comments by December 8, 1999.

ADDRESSES: Address written comments to the Department of Justice, ATTN:

Mary E. Cahill, Management and Planning Staff, Justice Management

Division, Washington, DC 20530 (Room 1400, NPB).

FOR FURTHER INFORMATION CONTACT: Mary E. Cahill at (202) 307-1823.

SUPPLEMENTARY INFORMATION: The United States Marshals Service Internal

Affairs System, JUSTICE/USM-002, is being published in full text in the

Notice section of today's Federal Register.

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 impact on a substantial number of small

entities.''

List of Subjects in 28 CFR Part 16

Administrative practice and procedure, Courts, Freedom of

Information Act, Government in the Sunshine Act, and the Privacy Act.

Dated: October 22, 1999.

Janis A. Sposato,

Acting 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,

it is proposed to amend 28 CFR part 16 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. It is proposed to amend 28 CFR 16.101 by revising paragraphs (e)

introductory text, (e)(1), (f)(1), and (f)(3); by redesignating

paragraphs (f)(7), (f)(8) and (f)(9) as paragraph (f)(8), (f)(9) and

(f)(10) and adding new paragraph (f)(7) to read as follows:

Sec. 16.101 Exemption of U.S. Marshals Service Systems--limited

access, as indicated

* * * * *

(e) The following system of records is exempt from 5 U.S.C. 552a

(c) (3) and (4), (d), (e) (1), (2) and (3), (e) (4) (G) and (H),

(e)(5), (e)(8), (f) and (g).

(1) Internal Affairs System (JUSTICE/USM-002)--Limited access.

These exemptions apply only to the extent that information in this

system is subject to exemption pursuant to 5 U.S.C. 552a (j)(2), (k)(2)

or (k)(5). Where compliance would not interfere with or adversely

affect the law enforcement process, the USMS may waive the exemptions,

either partially or totally.

(f) * * *

(1) From subsections (c)(3) and (d) to the extent that release of

the disclosure accounting may impede or interfere with civil or

criminal law enforcement efforts, reveal a source who furnished

information to the Government in confidence, and/or result in an

unwarranted invasion of the personal privacy of collateral record

subjects or other third party individuals.

* * * * *

(3) From subsection (e)(1) to the extent that it is necessary to

retain all information in order not to impede, compromise, or interfere

with civil or criminal law enforcement efforts, e.g., where the

significance of the information may not be readily determined and/or

where such information may provide leads or assistance to Federal and

other law agencies in discharging their law enforcement

responsibilities.

* * * * *

(7) From subsection (e)(5) because in the collection of information

for law enforcement purposes it is impossible to determine in advance

what information is accurate, relevant, timely and complete. With the

passage of time, seemingly irrelevant or untimely information may

acquire new significance and the accuracy of such information can only

be determined in a court of law. The restrictions imposed by subsection

(e)(5) would restrict the ability to collect information for law

enforcement purposes and interfere with the preparation of a complete

investigative report or otherwise impede effective law enforcement.

* * * * *

[FR Doc. 99-28630 Filed 11-5-99; 8:45 am]

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