[Federal Register Volume 65, Number 13 (Thursday, January 20, 2000)]
[Proposed Rules]
[Pages 3167-3168]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-1315]


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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 (S500.30 CAAS, Incident Investigation/Police Inquiry Files) 
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 March 20, 2000, 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, `Regulatory Planning 
and Review'
    It has been determined that 32 CFR part 323 is not a significant 
regulatory action. The rule does not:
    (1) Have an annual effect to the economy of $100 million or more; 
or adversely affect in a material way the economy; a section of the 
economy; productivity; competition; jobs; the environment; public 
health or safety; or state, local, or tribal governments or 
communities;
    (2) Create a serious inconsistency or otherwise interfere with an 
action taken or planned by another Agency;
    (3) Materially alter the budgetary impact of entitlements, grants, 
user fees, or loan programs or the rights and obligations of recipients 
thereof;
    (4) Raise novel legal or policy issues arising out of legal 
mandates, the President's priorities, or the principles set forth in 
this Executive Order.
    Public Law 96-354, `Regulatory Flexibility Act' (5 U.S.C. 601)
    It has been certified that this rule is not subject to the 
Regulatory Flexibility Act (5 U.S.C. 601) because it would not, if 
promulgated, have a significant economic impact on a substantial number 
of small entities.
    Public Law 96-511, `Paperwork Reduction Act' (44 U.S.C. Chapter 35)
    It has been certified that this part does not impose any reporting 
or record keeping requirements under the Paperwork Reduction Act of 
1995.

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 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 proposed to be amended by adding 
paragraph f. as follows:

[[Page 3168]]

    3. Appendix H to Part 323-DLA Exemption Rules.
* * * * *
    f. ID: S500.30 CAAS (Specific exemption).
    1. System name: Incident Investigation/Police Inquiry Files.
    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 
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.
    (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 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: January 13, 2000.
L.M. Bynum,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 00-1315 Filed 1-20-00; 8:45 am]
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