[Federal Register Volume 59, Number 40 (Tuesday, March 1, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-4520]
[[Page Unknown]]
[Federal Register: March 1, 1994]
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DEPARTMENT OF DEFENSE
Defense Logistics Agency
32 CFR Part 323
[Defense Logistics Agency Reg. 5400.21]
Privacy Program
AGENCY: Defense Logistics Agency, DOD.
ACTION: Final rule.
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SUMMARY: On January 19, 1994, (59 FR 2786) the Defense Logistics Agency
published a proposed rule to exempt an existing system of records,
S255.01 DLA-GC, entitled Fraud and Irregularities, from certain
provisions of the Privacy Act of 1974. The exemptions are 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. The notice was previously
published on November 16, 1993, at 58 FR 60428.
EFFECTIVE DATE: February 19, 1994.
ADDRESSES: If you have any questions concerning this rule, address them
to the Privacy Act Officer, Administrative Management 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 entitlements, grants,
user fees, or loan programs or the rights 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 final rule adds two exemptions to an existing DLA system of
records. DLA performs as one of its principal functions investigations
into and enforcement actions concerned with violations of civil and
administrative law, fraud, or antitrust rules relating to DLA
procurement, property disposal, contract administration, or other DLA
activities. The (k)(2) and (k)(5) exemptions 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 Director, DLA has
adopted the exemptions for the above reasons.
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. Appendix H to Part 323 is amended by adding paragraph c.
Appendix H to Part 323-DLA Exemption Rules
* * * * *
c. ID: S100.50 DLA-GC (Specific exemption).
1. System name: Fraud and Irregularities.
2. Exemption: This system of records is 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).
3. Authorities: 5 U.S.C. 552a(k)(2) and (k)(5).
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 (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.
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: February 22, 1994.
L. M. Bynum,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 94-4520 Filed 2-28-94; 8:45 am]
BILLING CODE 5000-04-F
