[Federal Register Volume 67, Number 8 (Friday, January 11, 2002)]
[Proposed Rules]
[Pages 1421-1423]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-680]


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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 exempt one Privacy 
Act system of records. The system of records is A0020-1 SAIG, entitled 
`Inspector General Records'. The exemptions are intended to increase 
the value of the system of records for law enforcement purposes and to 
protect the privacy of individuals identified in the system of records.

DATES: Comments must be received on or before March 12, 2002 to be 
considered by this agency.

ADDRESSES: 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

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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 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, it is proposed that 32 CFR part 505 be amended as 
follows:
    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 paragraph 
(e)(1)(i) through (iv), and removing paragraphs (e)(2)(i) through (iv), 
and reserving paragraph (e)(2) as follows:


Sec. 505.5  Exemptions.

* * * * *
    (e) Exempt Army records. * * *
    (1) A0020-1 SAIG
    (i) System name: Inspector General Records.
    (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. 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), 
(e)(4)(H), and (e)(4)(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 violations 
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 is 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 (e)(4)(H) because this system of 
records is exempt from individual access pursuant to subsection (k)(2) 
of the Privacy Act of 1974.
    (E) From subsection (e)(4)(I) because of 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 this 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 in this paragraph. The decisions to 
release information from these systems will be made on a case-by-case 
basis.
    (2) [Reserved]
* * * * *


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    Dated: January 4, 2002.
L.M. Bynum,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 02-680 Filed 1-10-02; 8:45 am]
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