[Federal Register Volume 65, Number 29 (Friday, February 11, 2000)]
[Rules and Regulations]
[Pages 6894-6895]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-3071]


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DEPARTMENT OF DEFENSE

Department of the Army

32 CFR Part 505

[Army Reg. 340-21]


Privacy Act; Implementation

AGENCY: Department of the Army, DoD.

ACTION: Final rule.

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SUMMARY: The Department of the Army is administratively amending an

[[Page 6895]]

existing exemption rule for a Privacy Act system of records. The Army 
is providing reasons from which information maintained within this 
system of records may be exempt. These were administratively omitted 
when last published.

EFFECTIVE DATE: February 11, 2000.

ADDRESSES: Privacy Act Officer, Records Management Program Division, 
U.S. Total Army Personnel Command, ATTN: TAPC-PDR-P, Stop C55, Ft. 
Belvoir, VA 22060-5576.

FOR FURTHER INFORMATION CONTACT: Ms. Janice Thornton at (703) 806-4390 
or DSN 656-4390.

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 (1993).
    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 of 1974.

List of Subjects in 32 CFR Part 505

    Privacy.
    1. The authority citation for 32 CFR part 505 continues to read as 
follows:

    Authority:  Pub. L. 93-579, 88 Stat. 1896 (5 U.S.C. 552a).
    2. Section 505.5, is amended by revising paragraph (e)(18) as 
follows:


Sec. 505.5  Exemptions.

* * * * *
    (e) Exempt Army records. * * *
    (18) System identifier: A0025 JDIM
    (i) System name: HQDA Correspondence and Control/Central Files 
System.
    (ii) Exemptions: Documents within this system of records are 
generated by other elements of the Department of the Army or are 
received from other agencies and individuals. Because of the broad 
scope of the contents of this system of records, and since the 
introduction of documents is largely unregulatable, specific portions 
or documents that may require an exemption can not be predetermined. 
Therefore, and to the extent that such material is received and 
maintained, selected individual documents may be exempt.
    (A) Information specifically authorized to be classified under E.O. 
12958, as implemented by DoD 5200.1-R, may be exempt pursuant to 5 
U.S.C. 552a(k)(1).
    (B) 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 such 
information, the individual will be provided access to such information 
except to the extent that disclosure would reveal the identity of a 
confidential source.
    (C) Records maintained in connection with providing protective 
services to the President and other individuals under 18 U.S.C. 3506, 
may be exempt pursuant to 5 U.S.C. 552a(k)(3).
    (D) Records maintained solely for statistical research or program 
evaluation purposes and which are not used to make decisions on the 
rights, benefits, or entitlement of an individual except for census 
records which may be disclosed under 13 U.S.C. 8, may be exempt 
pursuant to 5 U.S.C. 552a(k)(4).
    (E) 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.
    (F) Testing or examination material used solely to determine 
individual qualifications for appointment or promotion in the Federal 
service may be exempt pursuant to 5 U.S.C. 552a(k)(6), if the 
disclosure would compromise the objectivity or fairness of the test or 
examination process.
    (G) Evaluation material used to determine potential for promotion 
in the Military Services may be exempt pursuant to 5 U.S.C. 552a(k)(7), 
but only to the extent that the disclosure of such material would 
reveal the identity of a confidential source.
    (H) Portions of this system of records may be exempt pursuant to 5 
U.S.C. 552a (k)(1) through (k)(7) from subsections (c)(3), (d), (e)(1), 
(e)(4)(G) and (H), and (f).
    (iii) Authority: 5 U.S.C. 552a(k)(1) through (k)(7).
    (iv) Reasons: (A) From subsection (c)(3) because the release of the 
disclosure accounting could alert the subject of an investigation of an 
actual or potential criminal, civil, or regulatory violation to the 
existence of the investigation and the fact that they are subjects of 
the investigation. It could permit the subject of an investigation or 
matter under investigation to obtain valuable information concerning 
the nature of that investigation which will present a serious 
impediment to law enforcement.
    (B) From subsection (d) because access to the records contained in 
this system would inform the subject of an investigation of the 
existence of that investigation, provide the subject of the 
investigation with information that might enable him to avoid detection 
of apprehension, and would present a serious impediment to law 
enforcement.
    (C) From subsection (e)(1) because in the course of criminal 
investigations information is often obtained concerning the violation 
of laws or civil obligations of others not relating to active case or 
matter. In the interest of effective law enforcement, it is necessary 
that this information be retained since it can aid in establishing 
patterns of activity and provide valuable leads for other agencies and 
future cases that may be brought.
    (D) From subsections (e)(4)(G) and (H) because this system of 
records is exempt from individual access pursuant to subsections (k)(2) 
of the Privacy Act of 1974.
    (E) From subsection (f) because this system of records has been 
exempted from the access provisions of subsection (d).
* * * * *

    Dated: February 4, 2000.
L.M. Bynum,
Alternate OSD Federal Register Liaison Officer, Department of Defense
[FR Doc. 00-3071 Filed 2-10-00; 8:45 am]
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