[Federal Register Volume 66, Number 211 (Wednesday, October 31, 2001)]
[Rules and Regulations]
[Pages 54929-54930]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-27186]


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DEPARTMENT OF DEFENSE

Department of the Air Force

32 CFR Part 806b

[Air Force Instruction 37-132]


Privacy Act; Implementation

AGENCY: Department of the Air Force, DoD.

ACTION: Final rule.

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SUMMARY: The Department of the Air Force is revising two existing 
exemption rules for the Privacy Act systems of records notices F031 AF 
SP E, Security Forces Management Information System (SFMIS) and F44 AF 
SG Q, Family Advocacy Program Records.

EFFECTIVE DATE: October 22, 2001.

FOR FURTHER INFORMATION CONTACT: Mrs. Anne Rollins at (703) 588-0561 or 
DSN 425-0561.

SUPPLEMENTARY INFORMATION: The proposed rules were published on August 
21, 2001, at 66 FR 43820. No comments were received therefore the 
Department of the Air Force is adopting the rules as final.

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 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; 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

[[Page 54930]]

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 806b

    Privacy.
    32 CFR part 806b is amended as follows;

PART 806b--AIR FORCE PRIVACY ACT PROGRAM

    1. The authority citation for 32 CFR part 806b continues to read as 
follows:

    Authority: Pub. L. 93-579, 88 Stat. 1896 (5 U.S.C. 552a).
    2. Appendix C to section 806b is amended by revising paragraph 
a.(3) and paragraph b.(6) to read as follows:

Appendix C to Part 806b--General and Specific Exemptions

    a. General exemptions.* * *
    (3) System identifier and name: F031 AF SP E, Security Forces 
Management Information System (SFMIS).
    (i) Exemption: 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. Portions of 
this system of records may be exempt pursuant to 5 U.S.C. 552a(j)(2) 
from the following subsections of 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).
    (ii) Authority:  5 U.S.C. 552a(j)(2).
    (iii) Reasons: (A) To protect ongoing investigations and to 
protect from access criminal investigation information contained in 
this record system, so as not to jeopardize any subsequent judicial 
or administrative process taken as a result of information contained 
in the file.
    (B) 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.   
    (C) From subsection (c)(4) because an exemption is being claimed 
for subsection (d), this subsection will not be applicable.
    (D) From subsection (d) because access to the records contained 
in this system would inform the subject of an investigation of the 
existence of that investigation, provide the subject of the 
investigation with information that might enable him to avoid 
detection, and would present a serious impediment to law 
enforcement.
    (E) From subsection (e)(4)(H) because this system of records is 
exempt from individual access pursuant to subsection (j) of the 
Privacy Act of 1974.
    (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 Air Force will grant access to 
nonexempt material in the records being maintained. Disclosure will 
be governed by the Department of the Air Force's Privacy 
Instruction, 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 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
    b. * * *
    (6) System identifier and name: F44 AF SG Q, Family Advocacy 
Program Records.
    (i) Exemption: (A) Investigative material compiled for law 
enforcement purposes, other than material within the scope of 
subsection 5 U.S.C. 552a(j)(2), 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 exempt to the extent that 
disclosure would reveal the identify of a confidential source. NOTE: 
When claimed, this exemption allows limited protection of 
investigative reports maintained in a system of records used in 
personnel or administrative actions.
    (B) Investigative 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) and (d), but only to the extent that 
disclosure would reveal the identity of a confidential source.
    (ii) Authority: 5 U.S.C. 552a(k)(2) and (k)(5).
    (iii) Reasons: From subsections (c)(3) and (d) because the 
exemption is needed to encourage those who know of exceptional 
medical or educational conditions or family maltreatments to come 
forward by protecting their identities and to protect such sources 
from embarrassment or recriminations, as well as to protect their 
right to privacy. It is essential that the identities of all 
individuals who furnish information under an express promise of 
confidentiality be protected. Granting individuals access to 
information relating to criminal and civil law enforcement, as well 
as the release of certain disclosure accounting, could interfere 
with ongoing investigations and the orderly administration of 
justice, in that it could result in the concealment, alteration, 
destruction, or fabrication of information; could hamper the 
identification of offenders or alleged offenders and the disposition 
of charges; and could jeopardize the safety and well being of 
parents and their children. Exempted portions of this system also 
contain information considered relevant and necessary to make a 
determination as to qualifications, eligibility, or suitability for 
Federal employment and Federal contracts, and that was obtained by 
providing an express or implied promise to the source that his or 
her identity would not be revealed to the subject of the record.
* * * * *

    Dated: October 23, 2001.
L.M. Bynum,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 01-27186 Filed 10-30-01; 8:45 am]
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