[Federal Register Volume 59, Number 242 (Monday, December 19, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-31034]


[[Page Unknown]]

[Federal Register: December 19, 1994]


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DEPARTMENT OF DEFENSE

Defense Nuclear Agency

32 CFR Part 318

[DNA Instruction 5400.11A]

 

Privacy Program

AGENCY: Defense Nuclear Agency, DoD.
ACTION: Final rule.

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SUMMARY: In accordance with the Privacy Act of 1974, Defense Nuclear 
Agency (DNA) is adopting a change to exempt a new system of records, 
HDNA 011, entitled Inspector General Investigation Files, from certain 
provisions of 5 U.S.C. 552a. 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.

EFFECTIVE DATE: December 19, 1994.

FOR FURTHER INFORMATION CONTACT: Mrs. Sandy Barker at (703) 325-7681.

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.

    The DNA Inspector General's Office performs as one of its principal 
functions under the Inspector General Act of 1978, as amended by the 
Inspector General Act Amendment of 1988 (Pub. L. 95-452, as amended, 5 
U.S.C. App.3) (IG Act), investigations into and enforcement actions 
concerned with suspected violations. The DNA OIG is responsible for 
promoting economy, efficiency, and effectiveness in the administration 
of DNA programs and operations and to detect and prevent fraud, waste 
and abuse in such programs and operations.

    The (k)(2) exemption 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 system would thus be exempt from sections 
5 U.S.C. 552a(c)(3); (d)(1) through (d)(4); (e)(1); (e)(4)(G), (H), and 
(I); and (f). The proposed rule was published on August 15, 1994, at 59 
FR 41739. No comments were received, therefore, the DNA is adopting the 
changes.

List of Subjects in 32 CFR Part 318

    Privacy.

    Accordingly, the Defense Nuclear Agency amends 32 CFR part 318 as 
follows:

    1.The authority citation for 32 CFR part 318 continues to read as 
follows:

    Authority: Pub. L. 93-597, 88 Stat. 1896 (5 U.S.C. 552a)

    2.Section 318.5 is revised as follows:


Sec. 318.5  Exemptions.

    (a) Exemption for classified material. All systems of records 
maintained by the Defense Nuclear Agency shall be exempt under section 
(k)(1) of 5 U.S.C. 552a, to the extent that the systems contain any 
information properly classified under E.O. 12356 and that is required 
by that E.O. to be kept secret in the interest of national defense or 
foreign policy. This exemption is applicable to parts of all systems of 
records including those not otherwise specifically designated for 
exemptions herein which contain isolated items of properly classified 
information.

    (b) System identifier and name. HDNA 007, Security Operations.
    (1) Exemption. Portions of this system of records may be exempt 
from the provisions of 5 U.S.C. 552a(c)(3); (d); (e)(4)(G), (H), (I); 
and (f).
    (2) Authority. 5 U.S.C. 552a(k)(5).
    (3) Reasons. To protect the identity of a source who furnished 
information to the Government under an express promise that the 
identity of the source would be held in confidence, or, prior to 
September 27, 1975, under an implied promise that identity of the 
source would be held in confidence.

    (c) System identifier and name: HDNA 011, entitled Inspector 
General Investigation Files.
    (1) Exemption. Portions of this system of records maybe exempt from 
the provisions of 5 U.S.C. 552a(c)(3); (d)(1) through (4); (e)(1); 
(e)(4)(G), (H), and (I); and (f).
    (2) Authority: 5 U.S.C. 552a (k)(2).

    (3) Reasons. From subsection (c)(3) because it will enable DNA to 
conduct certain investigations and relay law enforcement information 
without compromise of the information, protection of investigative 
techniques and efforts employed, and identities of confidential sources 
who might not otherwise come forward and who furnished information 
under an express promise that the sources' identity would be held in 
confidence (or prior to the effective date of the Act, under an implied 
promise.) From subsection (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), (e)(4)(G), (H), 
and (I) because it will provide protection against notification of 
investigatory material including certain reciprocal investigations and 
counterintelligence information, which might alert a subject to the 
fact that an investigation of that individual is taking place, and the 
disclosure of which would weaken the on-going investigation, reveal 
investigatory techniques, and place confidential informants in jeopardy 
who furnished information under an express promise that the sources' 
identity would be held in confidence (or prior to the effective date of 
the Act, under an implied promise).

    Dated: December 9, 1994.
L. M. Bynum,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 94-31034 Filed 12-16-94; 8:45 am]
BILLING CODE 5000-04-F