# 64 FR 60753: Privacy Act of 1974; Implementation > Federal · Regulations · In force URL: https://www.frixlaw.com/law-library/statutes/FR_PRORULE_99-28630 ## Section - **Citation:** 64 FR 60753 - **Heading:** Privacy Act of 1974; Implementation - **Jurisdiction:** Federal - **Kind:** Regulations - **Status:** In force - **Text as of:** August 14, 2026 - **Source:** Compiled text - **Location:** Federal Register / Vol. 64 / 64 FR 60753 ## Text 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. ----------------------------------------------------------------------- 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] BILLING CODE 4410-AR-M ## Nearby sections - [64 FR 58 Organization and Operations of Federal Credit Unions; Fidelity Bond and Insurance Coverage for Federal Credit Unions; Requirements for Insurance](https://www.frixlaw.com/law-library/statutes/FR_PRORULE_98-34031.md) - [64 FR 61 Pay-Per-Call Rule](https://www.frixlaw.com/law-library/statutes/FR_PRORULE_98-34408.md) - [64 FR 435 Airworthiness Directives; British Aerospace Model BAC 1-11 200 and 400 Series Airplanes](https://www.frixlaw.com/law-library/statutes/FR_PRORULE_99-49.md) - [64 FR 443 Airworthiness Directives; Raytheon Aircraft Company Models C90A, B200, B200C, B200T, B200CT, 300, B300, B300C, and A200CT Airplanes](https://www.frixlaw.com/law-library/statutes/FR_PRORULE_99-44.md) - [64 FR 447 Proposed Modification of Class D Airspace and Class E Airspace and Establishment of Class E Airspace; Rapid City, SD](https://www.frixlaw.com/law-library/statutes/FR_PRORULE_99-83.md) - [64 FR 465 Threatened Fish and Wildlife; Listing of the Gulf of Maine/Bay of Fundy Population of Harbor Porpoise as Threatened Under the Endangered Species Act (ESA)](https://www.frixlaw.com/law-library/statutes/FR_PRORULE_99-138.md) - [64 FR 628 Labor Condition Applications and Requirements for Employers Using Nonimmigrants on H-1B Visas in Specialty Occupations and as Fashion Models; Labor Certification Process for Permanent Employment of Aliens in the United States](https://www.frixlaw.com/law-library/statutes/FR_PRORULE_98-34668.md) - [64 FR 1003 Designation of Areas for Air Quality Planning Purposes Florida: Redesignation of the Duval County Sulfur Dioxide Unclassifiable Area to Attainment](https://www.frixlaw.com/law-library/statutes/FR_PRORULE_99-230.md) - [64 FR 1157 Certain Plant Regulators: Cytokinins, Auxins, Gibberellins, Ethylene, and Pelargonic Acid; Tolerance Exemptions](https://www.frixlaw.com/law-library/statutes/FR_PRORULE_99-429.md) - [64 FR 1542 List of Approved Spent Fuel Storage Casks: Addition](https://www.frixlaw.com/law-library/statutes/FR_PRORULE_99-505.md) - [64 FR 1545 Airworthiness Directives; Boeing Model 737-100, -200, -300, -400, and -500 Series Airplanes](https://www.frixlaw.com/law-library/statutes/FR_PRORULE_99-482.md) - [64 FR 1560 Proposed Modification of Class E Airspace; Port Clinton, OH](https://www.frixlaw.com/law-library/statutes/FR_PRORULE_99-499.md) - [64 FR 1585 Great Lakes Pilotage Regulations](https://www.frixlaw.com/law-library/statutes/FR_PRORULE_99-126.md) - [64 FR 1786 Fixed Satellite Service and Terrestrial System in the Ku-Band](https://www.frixlaw.com/law-library/statutes/FR_PRORULE_99-578.md) --- Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/FR_PRORULE_99-28630. 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