[Federal Register Volume 59, Number 197 (Thursday, October 13, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-25347]


[[Page Unknown]]

[Federal Register: October 13, 1994]


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DEPARTMENT OF DEFENSE

Defense Logistics Agency

32 CFR Part 323

[Defense Logistics Agency Reg. 5400.21]

 

Privacy Act; Implementation

AGENCY: Defense Logistics Agency, DoD.

ACTION: Proposed rule.

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SUMMARY: The Defense Logistics Agency proposes to exempt a system of 
records from certain provisions of the Privacy Act. The system of 
records is identified as S100.10 GC, entitled Whistleblower Complaint 
and Investigation Files.
    The exemption is 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 no later than December 12, 1994, to be 
considered by the agency.

ADDRESSES: Send comments to the Privacy Act Officer, Administrative 
Management Division, Programs and Analyses 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 entitlement, grants, 
user fees, or loan programs or the right 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 proposed rule would add an exempt Privacy Act system of 
records to the DLA inventory of systems of records. DLA performs as one 
of its principal functions investigations into whistleblower complaints 
arising from DLA employees and the employees of DLA contractors. 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 authority for the exemption may be found 
in 5 U.S.C 552a(k)(2). The system would thus be exempt from sections 
552a(c)(3), (d)(1) through (4), (e)(1), (e)(4)(G), (e)(4)(H), and 
(e)(4)(I), and (f). The Director proposes to adopt these exemptions.

List of Subjects in 32 CFR Part 323

    Privacy.

    Accordingly, the Defense Logistics Agency proposes to amend 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. 32 CFR part 323, Appendix H is amended by adding paragraph d.
* * * * * *
    Appendix H to Part 323 - DLA Exemption Rules
* * * * *
    d. ID: S100.10 GC (Specific exemption).

    1. System name: Whistleblower Complaint and Investigation Files.

    2. Exemption: Portions of this system of records may be exempt 
under the provisions of 5 U.S.C. 552a(c)(3), (d)(1) through (d)(4), 
(e)(1), (e)(4)(G), (e)(4)(H), and (e)(4)(I), and (f).

    3. Authority: 5 U.S.C. 552a(k)(2).

    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 (e)(4)(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. However, DLA will 
continue to publish such a notice in broad generic terms as is its 
current practice.
    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: October 6, 1994.
L. M. Bynum,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 94-25347 Filed 10-12-94; 8:45 am]
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