[Federal Register Volume 60, Number 9 (Friday, January 13, 1995)]
[Rules and Regulations]
[Pages 3087-3088]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-843]



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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: Final rule.

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SUMMARY: The Defense Logistics Agency adopts an exemption to a system 
of [[Page 3088]] 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.

EFFECTIVE DATE: December 15, 1994.

FOR FURTHER INFORMATION CONTACT: Mr. Barry Christensen, 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 rule adds 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 exempt 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 
adopts these exemptions. The proposed rule was published on October 13, 
1994, at 59 FR 51911. No comments were received, therefore, the DLA is 
adopting the exemption rule.

List of Subjects in 32 CFR Part 323

    Privacy.

    Accordingly, the Defense Logistics Agency amends 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: January 6, 1995.
L.M. Bynum,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 95-843 Filed 1-12-95; 8:45 am]
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