[Federal Register Volume 66, Number 162 (Tuesday, August 21, 2001)]
[Proposed Rules]
[Pages 43818-43820]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-20745]


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DEPARTMENT OF DEFENSE

Department of the Army

32 CFR Part 505

[Army Reg. 340-21]


Privacy Act; Implementation

AGENCY: Department of the Army, DoD.

ACTION: Proposed rule.

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SUMMARY: The Department of the Army is proposing to amend an existing 
exemption rule for the Privacy Act systems of records on the Offense 
Reporting System and the Army Family Advocacy, Program Files. The 
exemption rule is being amended to add reasons from which information 
may be exempt, and to update the reasons for taking the exemptions.

DATES: Comments must be received on or before October 22, 2001 to be 
considered by this agency.

ADDRESSES: Send comments to Records Management Division, U.S. Army 
Records Management and Declassification Agency, ATTN: TAPC-PDD-RP, Stop 
5603, 6000 6th Street, Ft. Belvoir, VA 22060-5603.

FOR FURTHER INFORMATION CONTACT: Ms. Janice Thornton at (703) 806-4390 
or DSN 656-4390 or Ms. Christie King at (703) 806-3711 or DSN 656-3711.

SUPPLEMENTARY INFORMATION:

Executive Order 12866, ``Regulatory Planning and Review''

    The Director of Administration and Management, Office of the 
Secretary of Defense, hereby determines that Privacy Act rules for the 
Department of Defense are not significant rules. The rules do not (1) 
Have an annual effect on the economy of $100 million or more or 
adversely affect in a material way the economy; a sector of the 
economy; productivity; competition; jobs; the

[[Page 43819]]

environment; public health or safety; or State, local, or tribal 
governments or communities; (2) Create a serious inconsistency or 
otherwise interface with an action taken or planned by another Agency; 
(3) Materially alter the budgetary impact of entitlements, grant, user 
fees, or loan programs, or the rights and obligations of recipients 
thereof; or (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. Chapter 
6)

    The Director of Administration and Management, Office of the 
Secretary of Defense, hereby certifies that Privacy Act rules for the 
Department of Defense do not have significant economic impact on a 
substantial number of small entities because they are concerned only 
with the administration of Privacy Act systems of records within the 
Department of Defense.

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

    The Director of Administration and Management, Office of the 
Secretary of Defense, hereby certifies that Privacy Act rules for the 
Department of Defense impose 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.

Section 202, Public Law 104-4, ``Unfunded Mandates Reform Act''

    The Director of Administration and Management, Office of the 
Secretary of Defense, hereby certifies that the Privacy Act rulemaking 
for the Department of Defense does not involve a Federal mandate that 
may result in the expenditure by State, local and tribal governments, 
in the aggregate, or by the private sector, of $100 million or more and 
that such rulemaking will not significantly or uniquely affect small 
governments.

Executive Order 13132, ``Federalism''

    The Director of Administration and Management, Office of the 
Secretary of Defense, hereby certifies that the Privacy Act rules for 
the Department of Defense do not have federalism implications. The 
rules do not have substantial direct effects on the States, on the 
relationship between the National Government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government.

List of Subjects in 32 CFR Part 505 Privacy

    Accordingly, 32 CFR part 505 is proposed to be amended to read as 
follows:

PART 505--[AMENDED]

    1. The authority citation for 32 CFR part 505 continues to read as 
follows:

    Authority: Pub. L. 93-579, 88 Stat. 1896 (5 U.S.C. 552a).

    2. Section 505.5 is proposed to be amended by revising paragraphs 
(e)(12) and (e)(32) to read as follows:


Sec. 505.  Exemptions.

* * * * *
    (e)  * * *
    (12) System identifier: A0190-45 DAMO
    (i) System name: Offense Reporting System (ORS)
    (ii) Exemptions: Parts of this system may be exempt pursuant to 5 
U.S.C. 552a(j)(2) if the information is compiled and maintained by a 
component of the agency which performs as its principle function any 
activity pertaining to the enforcement of criminal laws. Therefore, 
portions of the system of records may be exempt pursuant to 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).
    (iii) Authority: 5 U.S.C. 552a(j)(2).
    (iv) Reason: (A) 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. (B) From subsection 
(c)(4) because an exemption is being claimed for subsection (d), this 
subsection will not be applicable.
    (C) 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.
    (D) From subsection (e)(1) because in the course of criminal 
investigation 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 valuable 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.
    (E) From subsection (e)(2) because in a criminal investigation the 
requirement that information be collected to the greater extent 
possible from the subject individual would present a serious impediment 
to law enforcement in that the subject to the investigation would be 
placed on notice of the existence of the investigation and would 
therefore be able to avoid detection.
    (F) 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.
    (G) From subsections (e)(4) (G) and (H) because this system of 
records is exempt from individual access pursuant to subsection (j)(2) 
of the Privacy Act of 1974.
    (H) 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.
    (I) 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 reporting on investigations and impede the development 
of intelligence necessary for effective law enforcement.
    (J) From subsection (e)(8) because the individual notice 
requirements of subsection (e)(8) could present a serious impediment to 
law enforcement as this could interfere with the ability to issue 
search authorizations and could reveal investigative techniques and 
procedures.
    (K) From subsection (f) because this system of records has been 
exempted

[[Page 43820]]

from the access provisions of subsection (d).
    (L) 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).
    (M) Consistent with the legislative purpose of the Privacy Act of 
1974, the Department of the Army will grant access to nonexempt 
material in the records being maintained. Disclosure will be governed 
by the Department of the Army'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.
* * * * *
    (32) System identifier: A0608-18 DASG.
    (i) System name: Army Family Advocacy Program (FAP) Files
    (ii) Exemptions: (A) 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 such 
information, the individual will be provided access to such information 
except to the extent that disclosure would reveal the identity of a 
confidential source.
    (B) 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.
    (C) Therefore, portions of the system of records may be exempt 
pursuant to 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(k)(2) and (k)(5).
    (iv) Reason: (A) 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. (B) 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.
    (C) 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 valuable 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.
    (D) From subsections (e)(4)(G) and (H) because this system of 
records is exempt from individual access pursuant to subsections (k)(2) 
and (k)(5) of the Privacy Act of 1974.
    (E) 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.
    (F) From subsection (f) because this system of records has been 
exempted from the access provisions of subsection (d).
    (G) Consistent with the legislative purpose of the Privacy Act of 
1974, the Department of the Army will grant access to nonexempt 
material in the records being maintained. Disclosure will be governed 
by the Department of the Army'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: August 13, 2001.
L.M. Bynum,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 01-20745 Filed 8-20-01; 8:45 am]
BILLING CODE 5001-08-M