[Federal Register Volume 65, Number 249 (Wednesday, December 27, 2000)]
[Proposed Rules]
[Pages 81784-81785]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-32958]
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POSTAL SERVICE
39 CFR Part 266
Privacy Act of 1974; Implementation
AGENCY: Postal Service.
ACTION: Proposed rule.
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SUMMARY: The Postal Service is proposing to amend its regulations
implementing the Privacy Act of 1974, 5 U.S.C. 552a. This amendment
modifies existing regulations (39 CFR 266.9) to exempt system of
records, Office of Inspector General-Investigative File System, USPS
300.010, from certain provisions of the Act and corresponding agency
regulations.
DATES: Comments must be received on or before January 26, 2001.
ADDRESSES: Written comments should be addressed to the Manager, Finance
Administration/FOIA, Postal Service, 475 L'Enfant Plaza SW, Room 8141,
Washington, DC 20260-5202. Copies of all written comments will be
available Monday through Friday for public inspection and photocopying
between 9 a.m. and 4 p.m. at the above address.
FOR FURTHER INFORMATION CONTACT: Gladis Griffith, Legal Director,
Office of Inspector General (703) 248-4683.
SUPPLEMENTARY INFORMATION: The Office of Inspector General (OIG) is a
component of the Postal Service that performs as one of its principal
functions investigations into violations of criminal law in connection
with Postal Service programs and operations, pursuant to the Inspector
General Act of 1978, as amended. 5 U.S.C. App.3. The OIG Investigative
File System falls within the scope of subsections (j)(2), (k)(2), and
(k)(5) of the Act.
[[Page 81785]]
The Postal Service has exempted certain systems of records that it
maintains from specific provisions of the Privacy Act. At the time it
adopted the exemptions contained in its Privacy Act regulations (39 CFR
266.9), the Postal Service stated its reason for each exemption in the
preamble of the notice of proposed rulemaking (40 FR 37227, August 26,
1975). These reasons were added to the text of Sec. 266.9 by final rule
published July 13, 1994 (59 FR 35625). This proposed rule does not
change the current application of exemptions, except to apply certain
exemptions to the OIG Investigative File System.
List of subjects in 39 CFR Part 266 Privacy.
PART 266--[Amended]
Accordingly, 39 CFR is amended as set forth below:
1. The authority citation for Part 266 continues to read as
follows:
Authority: 39 U.S.C. 401; 5 U.S.C. 552a.
2. In Sec. 266.9 revise paragraphs (b)(1)(vii), (b)(2) introducing
text, (b)(2)(i), (b)(2)(ii), (b)(2)(iii) and add paragraph (b)(2)(viii)
to read as follows:
Sec. 266.9 Exemptions.
* * * * *
(b) * * *
(1) * * *
(vii) Subsection (e)(4)(G) and (H) requires an agency to publish a
Federal Register notice of its procedures whereby an individual can be
notified upon request whether the system of records contains
information about the individual, how to gain access to any record
about the individual contained in the system, and how to contest its
content. Subsection (e)(4)(I) requires the foregoing notice to include
the categories of sources in the system.
* * * * *
(2) Inspection Requirements--Investigative File System, USPS
080.010, Inspection Requirements--Mail Cover Program, USPS 080.020, and
Office of Inspector General-Investigative File System, USPS 300.010.
These systems of records are exempt from 5 U.S.C. 552a (c)(3) and (4),
(d)(1)-(4), (e)(1)-(3), (e)(4) (G) and (H), (e)(5) and (8), (f), (g),
and (m). In addition, system 300.010 is exempt from 5 U.S.C.
552a(e)(4)(I). The reasons for exemption follow:
(i) Disclosure to the record subject pursuant to subsections
(c)(3), (c)(4), or (d)(1)-(4) could:
(A) Alert subjects that they are targets of an investigation or
mail cover by the Postal Inspection Service or an investigation by the
Office of Inspector General;
(B) Alert subjects of the nature and scope of the investigation and
of evidence obtained;
(C) Enable the subject of an investigation to avoid detection or
apprehension;
(D) Subject confidential sources, witnesses, and law enforcement
personnel to harassment or intimidation if their identities were
released to the target of an investigation;
(E) Constitute unwarranted invasions of the personal privacy of
third parties who are involved in a certain investigation;
(F) Intimidate potential witnesses and cause them to be reluctant
to offer information;
(G) Lead to the improper influencing of witnesses, the destruction
or alteration of evidence yet to be discovered, the fabrication of
testimony, or the compromising of classified material; and
(H) Seriously impede or compromise law enforcement, mail cover, or
background investigations that might involve law enforcement aspects as
a result of the above.
(ii) Application of subsections (e)(1) and (e)(5) is impractical
because the relevance, necessity, or correctness of specific
information might be established only after considerable analysis and
as the investigation progresses. As to relevance (subsection (1)),
effective law enforcement requires the keeping of information not
relevant to a specific Postal Inspection Service investigation or
Office of Inspector General investigation. Such information may be kept
to provide leads for appropriate law enforcement and to establish
patterns of activity that might relate to the jurisdiction of the
Office of Inspector General, Postal Inspection Service, and/or other
agencies. As to accuracy (subsection (e)(5)), the correctness of
records sometimes can be established only in a court of law.
(iii) Application of subsections (e)(2) and (3) would require
collection of information directly from the subject of a potential or
ongoing investigation. The subject would be put on alert that he or she
is a target of an investigation by the Office of Inspector General, or
an investigation or mail cover by the Postal Inspection Service,
enabling avoidance of detection or apprehension, thereby seriously
compromising law enforcement, mail cover, or background investigations
involving law enforcement aspects. Moreover, in certain circumstances
the subject of an investigation is not required to provide information
to investigators, and information must be collected from other sources.
* * * * *
(viii) The requirement of subsection (e)(4)(I) does not apply to
system 300.010, because identification of record source categories
could enable the subject of an investigation to improperly interfere
with the conduct of the investigation.
* * * * *
Stanley F. Mires,
Chief Counsel, Legislative.
[FR Doc. 00-32958 Filed 12-26-00; 8:45 am]
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