[Federal Register Volume 62, Number 68 (Wednesday, April 9, 1997)]
[Rules and Regulations]
[Pages 17070-17071]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-8971]


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DEPARTMENT OF DEFENSE

Department of the Air Force

32 CFR Part 806b

[Air Force Reg. 12-35]


Air Force Privacy Act Program

AGENCY: Department of the Air Force, DOD.
ACTION: Final rule.

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SUMMARY: The Department of the Air Force is amending its Privacy Act 
regulation to add an exemption to the system of records identified as 
F111 AF JA B, Courts-Martial and Article 15 Records.
EFFECTIVE DATE: March 31, 1997.
FOR FURTHER INFORMATION CONTACT: Ms. Anne Rollins at (703) 697-8674 or 
DSN 227-8674.
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.
    The Department of the Air Force is amending its Privacy Act 
regulation to add an exemption to a system of records identified as 
F111 AF JA B, Courts-Martial and Article 15 Records. The proposed rule 
was published on January 28, 1997 at 62 FR 4025. No comments were 
received, therefore, the rule is being adopted as final.

List of subjects in 32 CFR Part 806b

    Privacy.
    Accordingly, 32 CFR part 806b is amended as follows:


Part 806b - Air Force Privacy Act Program

    1. The authority citation for 32 CFR Part 806b continues to read as 
follows:
    Authority: Pub. L. 93-579, 88 Stat 1896 (5 U.S.C. 552a).
    2. Appendix C to Part 806b is amended by adding paragraph (b)(20) 
as follows:


Appendix C to Part 806b-General and Specific Exemptions

* * * * *
    (b) Specific exemptions.***
    (20) System identifier and name: F111 AF JA B, Courts-Martial and 
Article 15 Records.
    (i) Exemption. Portions of this system of records may be exempt 
pursuant to 5 U.S.C. 552a(j)(2) from the following subsection of 5 
U.S.C. 552a(c)(3), (c)(4), (d), (e)(1), (e)(2), (e)(3), (e)(4)(G), (H) 
and (I), (e)(5), (e)(8), (f), and (g).
    (ii) Exemption. Portions of this system of records may be exempt 
pursuant to 5 U.S.C. 552a(k)(2) from the following subsection of 5 
U.S.C. 552a(c)(3), (d), (e)(1), (e)(4)(G), (H) and (I), and (f).
    (iii) Authority: 5 U.S.C. 552a(j)(2) and (k)(2).
    (iv) Reason: (1) From subsection (c)(3) because the release of the 
disclosure accounting, for disclosures pursuant to the routine uses 
published for this system, would permit the subject of a criminal 
investigation or matter under investigation to obtain valuable 
information concerning the nature of that investigation which will 
present a serious impediment to law enforcement.
    (2) From subsection (c)(4) because an exemption is being claimed 
for subsection (d), this subsection will not be applicable.
    (3) From subsection (d) because access to the records contained in 
this system would inform the subject of a criminal investigation of the 
existence of that investigation, provide the subject of the 
investigation with information that might enable him to avoid detection 
or apprehension, and would present a serious impediment to law 
enforcement.
    (4) 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 an active case 
or matter. In the interests 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.
    (5) From subsection (e)(2) because in a criminal investigation the 
requirement that information be collected to the greatest extent 
possible from the subject individual would present a serious impediment 
to law enforcement in that the subject of the investigation would be 
placed on notice of the existence of the investigation and would 
therefore be able to avoid detection.
    (6) From subsection (e)(3) because the requirement that individuals 
supplying information be provided with a form stating the requirements 
of subsection (e)(3) would constitute a serious impediment to law 
enforcement in that it could compromise the existence of a confidential 
investigation, reveal the identity of confidential sources of 
information and endanger the life and physical safety of confidential 
informants.
    (7) From subsections (e)(4)(G) and (H) because this system of 
records is exempt from individual access pursuant to subsections (j) 
and (k) of the Privacy Act of 1974.
    (8) From subsection (e)(4)(I) because the identity of specific 
sources must be withheld in order to protect the confidentiality of the 
sources of criminal and other law enforcement information. This 
exemption is further necessary to protect the privacy and physical 
safety of witnesses and informants.
    (9) From subsection (e)(5) because in the collection of information 
for law enforcement purposes it is impossible to determine in advance 
what information is accurate, relevant, timely, and complete. With the 
passage of time, seemingly irrelevant or untimely information may 
acquire new significance as further investigation brings new details to 
light and the accuracy of such information can only be determined in a 
court of law. The restrictions of subsection (e)(5) would restrict the 
ability of trained investigators and intelligence analysts to exercise 
their judgment in reporting on investigations and impede the 
development of intelligence necessary for effective law enforcement.
    (10) From subsection (e)(8) because the individual notice 
requirements of subsection (e)(8) could present a serious impediment to 
law enforcement as this

[[Page 17071]]

could interfere with the ability to issue search authorizations and 
could reveal investigative techniques and procedures.
    (11) From subsection (f) because this system of records has been 
exempted from the access provisions of subsection (d).
    (12) From subsection (g) because this system of records is compiled 
for law enforcement purposes and has been exempted from the access 
provisions of subsections (d) and (f).
    (13) Consistent with the legislative purpose of the Privacy Act of 
1974, the Department of the Air Force will grant access to nonexempt 
material in the records being maintained. Disclosure will be governed 
by the Department of the Air Force's Privacy Regulation, but will be 
limited to the extent that the identity of confidential sources will 
not be compromised; subjects of an investigation of an actual or 
potential criminal violation will not be alerted to the investigation; 
the physical safety of witnesses, informants and law enforcement 
personnel will not be endangered, the privacy of third parties will not 
be violated; and that the disclosure would not otherwise impede 
effective law enforcement. Whenever possible, information of the above 
nature will be deleted from the requested documents and the balance 
made available. The controlling principle behind this limited access is 
to allow disclosures except those indicated above. The decisions to 
release information from these systems will be made on a case-by-case 
basis.
* * * * *
    Dated: April 3, 1997.

L.M. Bynum,
Alternate OSD Federal Register Liaison Officer, Department of Defense
[FR Doc. 97-8971 Filed 4-8-97; 8:45 am]
BILLING CODE 5000-04-F