80 FR 34051 - Privacy Act of 1974; Implementation

DEPARTMENT OF JUSTICE

Federal Register Volume 80, Issue 114 (June 15, 2015)

Page Range		34051-34052
FR Document		2015-14641

The Department of Justice (DOJ or Department) amends its Privacy Act regulations for the system of records entitled ``Giglio Information System, JUSTICE/DOJ-017.'' Information in this system of records 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), as well as 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.

Federal Register, Volume 80 Issue 114 (Monday, June 15, 2015)

[Federal Register Volume 80, Number 114 (Monday, June 15, 2015)]
[Rules and Regulations]
[Pages 34051-34052]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-14641]


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DEPARTMENT OF JUSTICE

28 CFR Part 16

[CPCLO Order No. 008-2015]


Privacy Act of 1974; Implementation

AGENCY: Department of Justice.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Department of Justice (DOJ or Department) amends its 
Privacy Act regulations for the system of records entitled ``Giglio 
Information System, JUSTICE/DOJ-017.'' Information in this system of 
records 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), as well 
as 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.

DATES: Effective Date: June 15, 2015.

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

SUPPLEMENTARY INFORMATION: The Department published a notice of 
proposed rulemaking (NPRM) in the Federal Register at 80 FR 15951, Mar. 
26, 2015. The Department invited public comment on the NPRM and the 
accompanying system notice (SORN). The comment period closed on April 
27, 2015 for both the NPRM and the SORN. The Department received two 
comments from members of the public regarding this system's exemption 
from the access provisions of the Privacy Act. The Department 
adjudicated the comments. Both comments supported the approval of the 
regulation.

List of Subjects in 28 CFR Part 16

    Administrative practices and procedures, Courts, Freedom of 
information, Privacy, Sunshine Act.

    Pursuant to the authority vested in the Attorney General by 5 
U.S.C. 552a and delegated to me by Attorney General Order 2940-2008, 28 
CFR part 16 is amended as follows:

PART 16--[AMENDED]

0
1. The authority citation for part 16 is revised 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.

Subpart E--Exemption of Records Systems Under the Privacy Act


Sec.  16.81  [AMENDED]

0
2. Amend Sec.  16.81 by removing and reserving paragraphs (g) and (h).

0
3. Add Sec.  16.136 to subpart E to read as follows:


Sec.  16.136  Exemption of the Department of Justice, Giglio 
Information System, Justice/DOJ-017.

    (a) The Department of Justice, Giglio Information Files (JUSTICE/
DOJ-017) system of records is exempted 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. These exemptions apply only 
to the extent that information in this system is subject to exemption 
pursuant to 5 U.S.C. 552a(j) and/or (k).
    (b) Exemptions from the particular subsections are justified for 
the following reasons:
    (1) From subsection (c)(3) because this subsection is inapplicable 
to the extent that an exemption is being claimed for subsection (d).
    (2) From subsection (c)(4) because this subsection is inapplicable 
to the extent that an exemption is being claimed for subsection (d).
    (3) From subsection (d) because access to the records contained in 
this system may interfere with or impede an ongoing investigation as it 
may be related to allegations against an agent or witness who is 
currently being investigated. Further, other records that are 
derivative of the subject's employing agency files may be accessed 
through the employing agency's files.
    (4) From subsection (e)(1) because it may not be possible to 
determine in

[[Page 34052]]

advance if potential impeachment records collected and maintained in 
order to sufficiently meet the Department's Giglio requirements and 
obligations are all relevant and necessary. In order to ensure that the 
Department's prosecutors and investigative agencies receive sufficient 
information to meet their obligations under Giglio, it is appropriate 
to maintain potential impeachment information in accordance with 
Department policy as such records could later be relevant and necessary 
in a different case in which the same witness or affiant subsequently 
testifies.
    (5) From subsection (e)(2) because collecting information directly 
from the subject individual could serve notice that the individual is 
the subject of investigation and because of the nature of the records 
in this system, which are used to impeach or demonstrate bias of a 
witness, requires that the information be collected from others.
    (6) From subsection (e)(3) because federal law enforcement officers 
receive notice from their supervisors and prosecuting attorneys that 
impeachment information may be used at trial. Law enforcement officers 
are also given notice by the Giglio decision itself.
    (7) From subsections (e)(4)(G), (H), and (I) because this system of 
records is exempt from the access and amendment provisions of 
subsection (d).
    (8) From subsection (e)(5) because it may not be possible to 
determine in advance if all potential impeachment records collected and 
maintained in order to sufficiently meet the Department's Giglio 
requirements and obligations are all accurate, relevant, timely, and 
complete at the time of collection. Although the Department has 
policies in place to verify the records, the records may be originated 
from another agency, third party, or open source media and it may be 
impossible to ensure the accuracy, relevance, timeliness, and 
completeness of potential impeachment information maintained prior to 
and during the process of being verified.
    (9) From subsection (e)(8) because the nature of the Giglio 
discovery process renders notice of compliance with the compulsory 
discovery process impractical.
    (10) From subsections (f) and (g) because these subsections are 
inapplicable to the extent that the system is exempt from other 
specific subsections of the Privacy Act.

    Dated: June 4, 2015.
Erika Brown Lee,
Chief Privacy and Civil Liberties Officer, United States Department of 
Justice.
[FR Doc. 2015-14641 Filed 6-12-15; 8:45 am]
 BILLING CODE 4410-FB-P

Federal Register / Vol. 80, No. 114 / Monday, June 15, 2015 / Rules and Regulations 34051

monthly annuity, we will base the PART 1—INCOME TAXES from members of the public regarding
reduction on that monthly amount. this system’s exemption from the access
(iii) If the period or the equivalent ■ Paragraph 1. The authority citation provisions of the Privacy Act. The
monthly pension benefit is not clear, we for part 1 continues to read in part as Department adjudicated the comments.
may determine the reduction period and follows: Both comments supported the approval
the equivalent monthly benefit on an Authority: 26 U.S.C. 7805 * * * of the regulation.
individual basis. List of Subjects in 28 CFR Part 16
§ 1.446–3 [Corrected]
* * * * * Administrative practices and
[FR Doc. 2015–14509 Filed 6–12–15; 8:45 am] ■ Par. 2. Section 1.446–3 is amended by
procedures, Courts, Freedom of
BILLING CODE 4191–02–P removing paragraph (k).
information, Privacy, Sunshine Act.
Martin V. Franks, Pursuant to the authority vested in the
Chief, Publications and Regulations Branch, Attorney General by 5 U.S.C. 552a and
Legal Processing Division, Associate Chief delegated to me by Attorney General
DEPARTMENT OF THE TREASURY Counsel (Procedure and Administration). Order 2940–2008, 28 CFR part 16 is
Internal Revenue Service [FR Doc. 2015–14622 Filed 6–12–15; 8:45 am] amended as follows:
BILLING CODE 4830–01–P
26 CFR Part 1 PART 16—[AMENDED]
■ 1. The authority citation for part 16 is
[TD 9719] DEPARTMENT OF JUSTICE revised to read as follows:
28 CFR Part 16 Authority: 5 U.S.C. 301, 552, 552a, 552b(g),
RIN 1545–BM62 553; 18 U.S.C. 4203(a)(1); 28 U.S.C. 509, 510,
[CPCLO Order No. 008–2015] 534; 31 U.S.C. 3717, 9701.
Notional Principal Contracts; Swaps
With Nonperiodic Payments; Privacy Act of 1974; Implementation Subpart E—Exemption of Records
Correction Systems Under the Privacy Act
AGENCY: Department of Justice.
AGENCY: Internal Revenue Service (IRS), ACTION: Final rule. § 16.81 [AMENDED]
Treasury. ■ 2. Amend § 16.81 by removing and
SUMMARY: The Department of Justice reserving paragraphs (g) and (h).
ACTION: Correcting amendment. (DOJ or Department) amends its Privacy
■ 3. Add § 16.136 to subpart E to read
Act regulations for the system of records
SUMMARY: This document contains as follows:
entitled ‘‘Giglio Information System,
corrections to final regulations (TD
JUSTICE/DOJ–017.’’ Information in this § 16.136 Exemption of the Department of
9719) that were published in the
system of records has been established Justice, Giglio Information System, Justice/
Federal Register on May 8, 2015 (80 FR DOJ–017.
to enable DOJ investigative agencies to
26437). The final regulations amend the
collect and maintain records of potential (a) The Department of Justice, Giglio
treatment of nonperiodic payments
impeachment information and to Information Files (JUSTICE/DOJ–017)
made or received pursuant to certain
disclose such information to DOJ system of records is exempted from
notional principal contracts.
prosecuting offices in order to ensure subsections (c)(3) and (4); (d)(1), (2), (3),
DATES: This correction is effective on that prosecutors receive sufficient and (4); (e)(1), (2), (3), (4)(G), (H), and
June 15, 2015 and applicable May 8, information to meet their obligations (I), (5), and (8); (f); and (g) of the Privacy
2015. under Giglio v. United States, 405 U.S. Act. These exemptions apply only to the
FOR FURTHER INFORMATION CONTACT: 150 (1972), as well as to enable DOJ extent that information in this system is
Alexa T. Dubert at (202) 317–6895 (not prosecuting offices to maintain records subject to exemption pursuant to 5
a toll free number). of potential impeachment information U.S.C. 552a(j) and/or (k).
obtained from DOJ investigative (b) Exemptions from the particular
SUPPLEMENTARY INFORMATION: subsections are justified for the
agencies, other federal agencies, and
Background state, and local agencies and to disclose following reasons:
such information in accordance with the (1) From subsection (c)(3) because this
The final regulations (TD 9719) that Giglio decision. subsection is inapplicable to the extent
are the subject of this correction is that an exemption is being claimed for
DATES: Effective Date: June 15, 2015.
under section 446 of the Internal subsection (d).
Revenue Code. FOR FURTHER INFORMATION CONTACT: (2) From subsection (c)(4) because this
Tricia Francis, Executive Office for subsection is inapplicable to the extent
Need for Correction United States Attorneys, FOIA/Privacy that an exemption is being claimed for
As published, the final regulations Staff, 600 E Street NW., Suite 7300, subsection (d).
(TD 9719) contain an error that may Washington, DC 20530, or by facsimile (3) From subsection (d) because
prove to be misleading and is in need (202) 252–6047. access to the records contained in this
of clarification. SUPPLEMENTARY INFORMATION: The system may interfere with or impede an
Department published a notice of ongoing investigation as it may be
List of Subjects in 26 CFR Part 1
proposed rulemaking (NPRM) in the
wreier-aviles on DSK5TPTVN1PROD with RULES

related to allegations against an agent or
Income taxes, Reporting and Federal Register at 80 FR 15951, Mar. witness who is currently being
recordkeeping requirements. 26, 2015. The Department invited public investigated. Further, other records that
comment on the NPRM and the are derivative of the subject’s employing
Correction of Publication
accompanying system notice (SORN). agency files may be accessed through
Accordingly, 26 CFR part 1 is The comment period closed on April 27, the employing agency’s files.
corrected by making the following 2015 for both the NPRM and the SORN. (4) From subsection (e)(1) because it
correcting amendment: The Department received two comments may not be possible to determine in

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34052 Federal Register / Vol. 80, No. 114 / Monday, June 15, 2015 / Rules and Regulations

advance if potential impeachment Dated: June 4, 2015. assumptions in Appendix B to Part 4022
records collected and maintained in Erika Brown Lee, to determine whether a benefit is
order to sufficiently meet the Chief Privacy and Civil Liberties Officer, payable as a lump sum and to determine
Department’s Giglio requirements and United States Department of Justice. the amount to pay. Appendix C to Part
obligations are all relevant and [FR Doc. 2015–14641 Filed 6–12–15; 8:45 am] 4022 contains interest assumptions for
necessary. In order to ensure that the BILLING CODE 4410–FB–P private-sector pension practitioners to
Department’s prosecutors and refer to if they wish to use lump-sum
investigative agencies receive sufficient interest rates determined using PBGC’s
information to meet their obligations PENSION BENEFIT GUARANTY historical methodology. Currently, the
under Giglio, it is appropriate to CORPORATION rates in Appendices B and C of the
maintain potential impeachment benefit payment regulation are the same.
29 CFR Parts 4022 and 4044 The interest assumptions are intended
information in accordance with
Department policy as such records to reflect current conditions in the
Allocation of Assets in Single- financial and annuity markets.
could later be relevant and necessary in Employer Plans; Benefits Payable in Assumptions under the asset allocation
a different case in which the same Terminated Single-Employer Plans; regulation are updated quarterly;
witness or affiant subsequently testifies. Interest Assumptions for Valuing and assumptions under the benefit payments
(5) From subsection (e)(2) because Paying Benefits regulation are updated monthly. This
collecting information directly from the AGENCY: Pension Benefit Guaranty final rule updates the benefit payments
subject individual could serve notice Corporation. interest assumptions for July 2015 and
that the individual is the subject of ACTION: Final rule. updates the asset allocation interest
investigation and because of the nature assumptions for the third quarter (July
of the records in this system, which are SUMMARY: This final rule amends the through September) of 2015.
used to impeach or demonstrate bias of Pension Benefit Guaranty Corporation’s The third quarter 2015 interest
a witness, requires that the information regulations on Benefits Payable in assumptions under the allocation
be collected from others. Terminated Single-Employer Plans and regulation will be 2.32 percent for the
Allocation of Assets in Single-Employer first 20 years following the valuation
(6) From subsection (e)(3) because Plans to prescribe interest assumptions date and 2.37 percent thereafter. In
federal law enforcement officers receive under the benefit payments regulation comparison with the interest
notice from their supervisors and for valuation dates in July 2015 and assumptions in effect for the second
prosecuting attorneys that impeachment interest assumptions under the asset quarter of 2015, these interest
information may be used at trial. Law allocation regulation for valuation dates assumptions represent no change in the
enforcement officers are also given in the third quarter of 2015. The interest select period (the period during which
notice by the Giglio decision itself. assumptions are used for valuing and the select rate (the initial rate) applies),
(7) From subsections (e)(4)(G), (H), paying benefits under terminating a decrease of 0.39 percent in the select
and (I) because this system of records is single-employer plans covered by the rate, and a decrease of 0.41 percent in
exempt from the access and amendment pension insurance system administered the ultimate rate (the final rate).
provisions of subsection (d). by PBGC. The July 2015 interest assumptions
DATES: Effective July 1, 2015. under the benefit payments regulation
(8) From subsection (e)(5) because it
FOR FURTHER INFORMATION CONTACT: will be 1.25 percent for the period
may not be possible to determine in
Catherine B. Klion (Klion.Catherine@ during which a benefit is in pay status
advance if all potential impeachment and 4.00 percent during any years
PBGC.gov), Assistant General Counsel
records collected and maintained in preceding the benefit’s placement in pay
for Regulatory Affairs, Pension Benefit
order to sufficiently meet the Guaranty Corporation, 1200 K Street status. In comparison with the interest
Department’s Giglio requirements and NW., Washington, DC 20005, 202–326– assumptions in effect for June 2015,
obligations are all accurate, relevant, 4024. (TTY/TDD users may call the these interest assumptions represent an
timely, and complete at the time of Federal relay service toll free at 1–800– increase of 0.50 percent in the
collection. Although the Department has 877–8339 and ask to be connected to immediate annuity rate and are
policies in place to verify the records, 202–326–4024.) otherwise unchanged.
the records may be originated from SUPPLEMENTARY INFORMATION: PBGC’s PBGC has determined that notice and
another agency, third party, or open regulations on Allocation of Assets in public comment on this amendment are
source media and it may be impossible Single-Employer Plans (29 CFR part impracticable and contrary to the public
to ensure the accuracy, relevance, 4044) and Benefits Payable in interest. This finding is based on the
timeliness, and completeness of Terminated Single-Employer Plans (29 need to determine and issue new
potential impeachment information CFR part 4022) prescribe actuarial interest assumptions promptly so that
maintained prior to and during the assumptions—including interest the assumptions can reflect current
process of being verified. assumptions—for valuing and paying market conditions as accurately as
(9) From subsection (e)(8) because the plan benefits under terminating single- possible.
employer plans covered by title IV of Because of the need to provide
nature of the Giglio discovery process
the Employee Retirement Income immediate guidance for the valuation
renders notice of compliance with the
and payment of benefits under plans
wreier-aviles on DSK5TPTVN1PROD with RULES

compulsory discovery process Security Act of 1974. The interest
assumptions in the regulations are also with valuation dates during July 2015,
impractical. PBGC finds that good cause exists for
published on PBGC’s Web site (http://
(10) From subsections (f) and (g) www.pbgc.gov). making the assumptions set forth in this
because these subsections are The interest assumptions in Appendix amendment effective less than 30 days
inapplicable to the extent that the B to Part 4044 are used to value benefits after publication.
system is exempt from other specific for allocation purposes under ERISA PBGC has determined that this action
subsections of the Privacy Act. section 4044. PBGC uses the interest is not a ‘‘significant regulatory action’’

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Document Created: 2015-12-15 15:13:40
Document Modified: 2015-12-15 15:13:40

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Rules and Regulations
Action		Final rule.
Contact		Tricia Francis, Executive Office for United States Attorneys, FOIA/Privacy Staff, 600 E Street NW., Suite 7300, Washington, DC 20530, or by facsimile (202) 252-6047.
FR Citation		80 FR 34051
CFR Associated		Administrative Practices and Procedures; Courts; Freedom of Information; Privacy and Sunshine Act