[Federal Register Volume 59, Number 242 (Monday, December 19, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-31034]
[[Page Unknown]]
[Federal Register: December 19, 1994]
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DEPARTMENT OF DEFENSE
Defense Nuclear Agency
32 CFR Part 318
[DNA Instruction 5400.11A]
Privacy Program
AGENCY: Defense Nuclear Agency, DoD.
ACTION: Final rule.
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SUMMARY: In accordance with the Privacy Act of 1974, Defense Nuclear
Agency (DNA) is adopting a change to exempt a new system of records,
HDNA 011, entitled Inspector General Investigation Files, from certain
provisions of 5 U.S.C. 552a. 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 19, 1994.
FOR FURTHER INFORMATION CONTACT: Mrs. Sandy Barker at (703) 325-7681.
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.
The DNA Inspector General's Office performs as one of its principal
functions under the Inspector General Act of 1978, as amended by the
Inspector General Act Amendment of 1988 (Pub. L. 95-452, as amended, 5
U.S.C. App.3) (IG Act), investigations into and enforcement actions
concerned with suspected violations. The DNA OIG is responsible for
promoting economy, efficiency, and effectiveness in the administration
of DNA programs and operations and to detect and prevent fraud, waste
and abuse in such programs and operations.
The (k)(2) exemption 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 system would thus be exempt from sections
5 U.S.C. 552a(c)(3); (d)(1) through (d)(4); (e)(1); (e)(4)(G), (H), and
(I); and (f). The proposed rule was published on August 15, 1994, at 59
FR 41739. No comments were received, therefore, the DNA is adopting the
changes.
List of Subjects in 32 CFR Part 318
Privacy.
Accordingly, the Defense Nuclear Agency amends 32 CFR part 318 as
follows:
1.The authority citation for 32 CFR part 318 continues to read as
follows:
Authority: Pub. L. 93-597, 88 Stat. 1896 (5 U.S.C. 552a)
2.Section 318.5 is revised as follows:
Sec. 318.5 Exemptions.
(a) Exemption for classified material. All systems of records
maintained by the Defense Nuclear Agency shall be exempt under section
(k)(1) of 5 U.S.C. 552a, to the extent that the systems contain any
information properly classified under E.O. 12356 and that is required
by that E.O. to be kept secret in the interest of national defense or
foreign policy. This exemption is applicable to parts of all systems of
records including those not otherwise specifically designated for
exemptions herein which contain isolated items of properly classified
information.
(b) System identifier and name. HDNA 007, Security Operations.
(1) Exemption. Portions of this system of records may be exempt
from the provisions of 5 U.S.C. 552a(c)(3); (d); (e)(4)(G), (H), (I);
and (f).
(2) Authority. 5 U.S.C. 552a(k)(5).
(3) Reasons. To protect the identity of a source who furnished
information to the Government under an express promise that the
identity of the source would be held in confidence, or, prior to
September 27, 1975, under an implied promise that identity of the
source would be held in confidence.
(c) System identifier and name: HDNA 011, entitled Inspector
General Investigation Files.
(1) Exemption. Portions of this system of records maybe exempt from
the provisions of 5 U.S.C. 552a(c)(3); (d)(1) through (4); (e)(1);
(e)(4)(G), (H), and (I); and (f).
(2) Authority: 5 U.S.C. 552a (k)(2).
(3) Reasons. From subsection (c)(3) because it will enable DNA to
conduct certain investigations and relay law enforcement information
without compromise of the information, protection of investigative
techniques and efforts employed, and identities of confidential sources
who might not otherwise come forward and who furnished information
under an express promise that the sources' identity would be held in
confidence (or prior to the effective date of the Act, under an implied
promise.) From subsection (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), (e)(4)(G), (H),
and (I) because it will provide protection against notification of
investigatory material including certain reciprocal investigations and
counterintelligence information, which might alert a subject to the
fact that an investigation of that individual is taking place, and the
disclosure of which would weaken the on-going investigation, reveal
investigatory techniques, and place confidential informants in jeopardy
who furnished information under an express promise that the sources'
identity would be held in confidence (or prior to the effective date of
the Act, under an implied promise).
Dated: December 9, 1994.
L. M. Bynum,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 94-31034 Filed 12-16-94; 8:45 am]
BILLING CODE 5000-04-F
