[Federal Register Volume 60, Number 9 (Friday, January 13, 1995)]
[Rules and Regulations]
[Pages 3087-3088]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-843]
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DEPARTMENT OF DEFENSE
Defense Logistics Agency
32 CFR Part 323
[Defense Logistics Agency Reg. 5400.21]
Privacy Act; Implementation
AGENCY: Defense Logistics Agency, DoD.
ACTION: Final rule.
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SUMMARY: The Defense Logistics Agency adopts an exemption to a system
of [[Page 3088]] records from certain provisions of the Privacy Act.
The system of records is identified as S100.10 GC, entitled
Whistleblower Complaint and Investigation Files.
The exemption is intended to increase the value of the system of
records for law enforcement purposes; to comply with prohibitions
against the disclosure of certain kinds of information; and to protect
the privacy of individuals identified in the system of records.
EFFECTIVE DATE: December 15, 1994.
FOR FURTHER INFORMATION CONTACT: Mr. Barry Christensen, 703-617-7583.
SUPPLEMENTARY INFORMATION:
Executive Order 12866
The Director, Administration and Management, Office of the
Secretary of Defense has determined that this Privacy Act rule for the
Department of Defense does not constitute ``significant regulatory
action.'' Analysis of the rule indicates that it does not have an
annual effect on the economy of $100 million or more; does not create a
serious inconsistency or otherwise interfere with an action taken or
planned by another agency; does not materially alter the budgetary
impact of entitlement, grants, user fees, or loan programs or the right
and obligations of recipients thereof; does not raise novel legal or
policy issues arising out of legal mandates, the President's
priorities, or the principles set forth in Executive Order 12866
(1993).
Regulatory Flexibility Act of 1980
The Director, Administration and Management, Office of the
Secretary of Defense certifies that this Privacy Act rule for the
Department of Defense does not have significant economic impact on a
substantial number of small entities because it is concerned only with
the administration of Privacy Act systems of records within the
Department of Defense.
Paperwork Reduction Act
The Director, Administration and Management, Office of the
Secretary of Defense, certifies that this Privacy Act rule for the
Department of Defense imposes no information requirements beyond the
Department of Defense and that the information collected within the
Department of Defense is necessary and consistent with 5 U.S.C. 552a,
known as the Privacy Act of 1974.
This rule adds an exempt Privacy Act system of records to the DLA
inventory of systems of records. DLA performs as one of its principal
functions investigations into whistleblower complaints arising from DLA
employees and the employees of DLA contractors. The exempt system
reflects recognition that certain records in the system may be deemed
to require protection from disclosure in order to protect confidential
sources mentioned in the files and avoid compromising, impeding, or
interfering with investigative and enforcement proceedings. The
authority for the exemption may be found in 5 U.S.C 552a(k)(2). The
system would thus be exempt from sections 552a(c)(3), (d)(1) through
(4), (e)(1), (e)(4)(G), (e)(4)(H), and (e)(4)(I), and (f). The Director
adopts these exemptions. The proposed rule was published on October 13,
1994, at 59 FR 51911. No comments were received, therefore, the DLA is
adopting the exemption rule.
List of Subjects in 32 CFR Part 323
Privacy.
Accordingly, the Defense Logistics Agency amends 32 CFR part 323 as
follows:
1. The authority citation for 32 CFR part 323 continues to read as
follows:
Authority: Pub. L. 93-579, 88 Stat 1896 (5 U.S.C. 552a).
2. 32 CFR part 323, Appendix H is amended by adding paragraph d.
Appendix H to Part 323--DLA Exemption Rules
* * * * *
d. ID: S100.10 GC (Specific exemption).
1. System name: Whistleblower Complaint and Investigation Files.
2. Exemption: Portions of this system of records may be exempt
under the provisions of 5 U.S.C. 552a(c)(3), (d)(1) through (d)(4),
(e)(1), (e)(4)(G), (e)(4)(H), and (e)(4)(I), and (f).
3. Authority: 5 U.S.C. 552a(k)(2).
4. Reasons: From subsection (c)(3) because granting access to the
accounting for each disclosure as required by the Privacy Act,
including the date, nature, and purpose of each disclosure and the
identity of the recipient, could alert the subject to the existence of
the investigation or prosecutive interest by DLA or other agencies.
This could seriously compromise case preparation by prematurely
revealing its existence and nature; compromise or interfere with
witnesses or make witnesses reluctant to cooperate; and lead to
suppression, alteration, or destruction of evidence.
From subsections (d)(1) through (d)(4), and (f) because providing
access to records of a civil investigation and the right to contest the
contents of those records and force changes to be made to the
information contained therein would seriously interfere with and thwart
the orderly and unbiased conduct of the investigation and impede case
preparation. Providing access rights normally afforded under the
Privacy Act would provide the subject with valuable information that
would allow interference with or compromise of witnesses or render
witnesses reluctant to cooperate; lead to suppression, alteration, or
destruction of evidence; and result in the secreting of or other
disposition of assets that would make them difficult or impossible to
reach in order to satisfy any Government claim growing out of the
investigation or proceeding.
From subsection (e)(1), because it is not always possible to detect
the relevance or necessity of each piece of information in the early
stages of an investigation. In some cases, it is only after the
information is evaluated in light of other evidence that its relevance
and necessity will be clear.
From subsections (e)(4)(G) and (e)(4)(H) because there is no
necessity for such publication since the system of records will be
exempt from the underlying duties to provide notification about and
access to information in the system and to make amendments to and
corrections of the information in the system. However, DLA will
continue to publish such a notice in broad generic terms as is its
current practice.
From subsection (e)(4)(I) because to the extent that this provision
is construed to require more detailed disclosure than the broad,
generic information currently published in the system notice, an
exemption from this provision is necessary to protect the
confidentiality of sources of information and to protect privacy and
physical safety of witnesses and informants. DLA will, nevertheless,
continue to publish such a notice in broad generic terms as is its
current practice.
Dated: January 6, 1995.
L.M. Bynum,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 95-843 Filed 1-12-95; 8:45 am]
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