[Federal Register Volume 65, Number 69 (Monday, April 10, 2000)]
[Rules and Regulations]
[Pages 18900-18901]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-8721]


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DEPARTMENT OF DEFENSE

Defense Logistics Agency

32 CFR Part 323

[Defense Logistics Agency Reg. 5400.21]


Defense Logistics Agency Privacy Program

AGENCY: Defense Logistics Agency, DoD

ACTION: Final rule.

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SUMMARY: The Defense Logistics Agency is exempting a system of records 
(S500.30 CAAS, Incident Investigation/Police Inquiry Files) from 
certain provisions of the Privacy Act. The exemptions are 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: March 21, 2000.

FOR FURTHER INFORMATION CONTACT: Ms. Susan Salus at (703) 767-6183.

SUPPLEMENTARY INFORMATION: The proposed rule was published on January 
20, 2000 at 65 FR 3167. No comments were received, therefore, the 
Defense Logistics Agency is adopting the rule as final.

Executive Order 12866, `Regulatory Planning and Review'

    It has been determined that 32 CFR part 321 is not a significant 
regulatory action. The rule does not:
    (1) Have an annual effect to the economy of $100 million or more; 
or adversely affect in a material way the economy; a section of the 
economy; productivity; competition; jobs; the environment; public 
health or safety; or state, local, or tribal governments or 
communities;
    (2) Create a serious inconsistency or otherwise interfere with an 
action taken or planned by another Agency;
    (3) Materially alter the budgetary impact of entitlements, grants, 
user fees, or loan programs or the rights and obligations of recipients 
thereof;
    (4) Raise novel legal or policy issues arising out of legal 
mandates, the President's priorities, or the principles set forth in 
this Executive Order.

Public Law 96-354, ``Regulatory Flexibility Act'' (5 U.S.C. 601)

    It has been certified that this rule is not subject to the 
Regulatory Flexibility Act (5 U.S.C. 601) because it would not, if 
promulgated, have a significant economic impact on a substantial number 
of small entities.

Public Law 96-511, ``Paperwork Reduction Act'' (44 U.S.C. Chapter 
35)

    It has been certified that this part does not impose any reporting 
or record keeping requirements under the Paperwork Reduction Act of 
1995.

List of Subjects 32 CFR Part 323

    Privacy.

    Accordingly, 32 CFR part 323 is amended as follows:

PART 323--DEFENSE LOGISTICS AGENCY PRIVACY PROGRAM

    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. Appendix H to Part 323 is to be amended by adding paragraph f. 
as follows:

Appendix H to Part 323--DLA Exemption Rules.

* * * * *
    f. ID: S500.30 CAAS (Specific exemption).
    1. System name: Incident Investigation/Police Inquiry Files.
    2. Exemption: (i) 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 
the information, the individual will be provided access to the 
information except to the extent that disclosure would reveal the 
identity of a confidential source.
    (ii) 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.
    3. Authority: 5 U.S.C. 552a(k)(2) and (k)(5), subsections 
(c)(3), (d)(1) through (d)(4), (e)(1), (e)(4)(G), (H), and (I), and 
(f).
    4. Reasons: (i) From subsection (c)(3) because to grant 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.
    (ii) From subsections (d)(1) through (d)(4), and (f) because 
providing access to records of a civil or administrative 
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; enable individuals to conceal their wrongdoing or mislead 
the course of the investigation; 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.
    (iii) From subsection (e)(1) because it is not always possible 
to detect the relevance or

[[Page 18901]]

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.
    (iv) From subsections (e)(4)(G) and (H) because this system of 
records is compiled for law enforcement purposes and is exempt from 
the access provisions of subsections (d) and (f).
    (v) 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: April 3, 2000.
L.M. Bynum,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 00-8721 Filed 4-7-00; 8:45 am]
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