[Federal Register Volume 59, Number 197 (Thursday, October 13, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-25347]
[[Page Unknown]]
[Federal Register: October 13, 1994]
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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: Proposed rule.
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SUMMARY: The Defense Logistics Agency proposes to exempt a system of
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.
DATES: Comments must be received no later than December 12, 1994, to be
considered by the agency.
ADDRESSES: Send comments to the Privacy Act Officer, Administrative
Management Division, Programs and Analyses Division, Office of Planning
and Resource Management, Defense Logistics Agency Administrative
Support Center, Room 5A120, Cameron Station, Alexandria, VA 22304-6100.
FOR FURTHER INFORMATION CONTACT: Ms. Susan Salus at (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 proposed rule would add 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
proposal to exempt the 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 proposes to adopt these exemptions.
List of Subjects in 32 CFR Part 323
Privacy.
Accordingly, the Defense Logistics Agency proposes to amend 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: October 6, 1994.
L. M. Bynum,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 94-25347 Filed 10-12-94; 8:45 am]
BILLING CODE 5000-04-F
