[Federal Register Volume 63, Number 44 (Friday, March 6, 1998)]
[Proposed Rules]
[Pages 11198-11199]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-5760]
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DEPARTMENT OF DEFENSE
Defense Logistics Agency
32 CFR Part 323
[Defense Logistics Agency Reg. 5400.21]
Defense Logistics Agency Privacy Program
AGENCY: Defense Logistics Agency, DoD.
ACTION: Proposed rule.
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SUMMARY: The Defense Logistics Agency proposes to exempt a system of
records identified as S500.60 CA, entitled `DLA Complaint Program
Records' from certain provisions of the Privacy Act. 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.
DATES: Comments must be received on or before May 5, 1998, to be
considered by this agency.
ADDRESSES: Send comments to the Privacy Act Officer, Defense Logistics
Agency, ATTN: CAAR, 8725 John J. Kingman Road, Suite 2533, Fort
Belvoir, VA 22060-6221.
FOR FURTHER INFORMATION CONTACT: Ms. Susan Salus at (703) 767-6183.
SUPPLEMENTARY INFORMATION:
Executive Order 12866. It has been 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.
Regulatory Flexibility Act. It has been determined 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. It has been determined 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, and 44 U.S.C. Chapter 35.
This proposed rule would add an exempt Privacy Act system of
records to the DLA inventory of systems of records. DLA operates a
complaint system whereby individuals may report instances of suspected
fraud, waste, or abuse; mismanagement; contract deviations,
noncompliance, or improprieties; administrative misconduct; or adverse
treatment under the complaint program. Allegations are investigated and
appropriate corrections are instituted. 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 Director proposes to adopt these exemptions for the
reasons provided.
List of Subjects in 32 CFR part 323
Privacy.
Accordingly, 32 CFR part 323 is proposed to be amended as follows:
PART 323-DEFENSE LOGISTICS AGENCY PRIVACY PROGRAM.
1. The authority citation for 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 proposed to be amended by adding
paragraph e. as follows:
Appendix H to Part 323-DLA Exemption Rules.
* * * * *
e. ID: S500.60 CA (Specific exemption).
1. System name: DLA Complaint Program Records.
2. Exemption: (i) Investigatory material compiled for law
enforcement purposes may be exempt pursuant to 5 U.S.C. 552a(k)(2).
However, if an individual is denied any right, privilege, or benefit
for which he would otherwise be entitled by Federal law or for which he
would otherwise be eligible, as a result of the maintenance of the
information, the individual will be provided access to the information
except to the extent that disclosure would reveal the identity of a
confidential source.
(ii) Investigatory material compiled solely for the purpose of
determining suitability, eligibility, or qualifications for federal
civilian employment, military service, federal contracts, or access to
classified information may be exempt pursuant to 5 U.S.C. 552a(k)(5),
but only to the extent that such material would reveal the identity of
a confidential source.
3. Authority: 5 U.S.C. 552a(k)(2) and (k)(5), subsections (c)(3),
(d)(1) through (d)(4), (e)(1), (e)(4)(G), (H), and (I), and (f).
4. Reasons: (i) From subsection (c)(3) because to grant access to
an accounting of disclosures 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.
(ii) From subsections (d)(1) through (d)(4), and (f) because
providing access to records of a civil or administrative 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
[[Page 11199]]
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; enable individuals to conceal their wrongdoing or mislead
the course of the investigation; 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.
(iii) 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.
(iv) From subsections (e)(4)(G) and (H) because this system of
records is compiled for law enforcement purposes and is exempt from the
access provisions of subsections (d) and (f).
(v) 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: March 2, 1998.
L.M. Bynum,
Alternate OSD Federal Register Liaison Officer, Department of Defense
[FR Doc. 98-5760 Filed 3-5-98; 8:45 am]
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