[Federal Register Volume 67, Number 107 (Tuesday, June 4, 2002)]
[Proposed Rules]
[Pages 38450-38451]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-13900]



[[Page 38450]]

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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: Proposed rule.

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SUMMARY: The Department of the Air Force is proposing to add an 
exemption rule for the system of records F051 AF JA I, Commander 
Directed Inquiries. The (k)(2) exemption will increase the value of the 
system of records for law enforcement purposes.

DATES: Comments must be received on or before August 5, 2002, to be 
considered by this agency.

ADDRESSES: Send comments to the Air Force Privacy Act Manager, AF-CIO/
P, 1155 Air Force Pentagon, Washington, DC 20330-1155.

FOR FURTHER INFORMATION CONTACT: Mrs. Anne Rollins at (703) 601-4043 or 
DSN 329-4043.

SUPPLEMENTARY INFORMATION:

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

    It has been determined 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)

    It has been determined 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)

    It has been determined 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''

    It has been determined 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''

    It has been determined 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.

    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).
    Accordingly, 32 CFR part 806b is revised as follows:
    2. Appendix C to part 806b is amended by adding paragraph (b)(22) 
to read as follows:

PART 806b--AIR FORCE PRIVACY ACT PROGRAM

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

* * * * *
    (b) Specific exemptions. * * *
    (22) System identifier and name: F051 AF JA I, Commander 
Directed Inquiries.
    (i) Exemption: (1) Investigatory 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 identity 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.
    (2) Any portion of this system of records which falls within the 
provisions of 5 U.S.C. 552a(k)(2) may be exempt from the following 
subsections of 5 U.S.C. 552a(c)(3), (d), (e)(1), (e)(4)(G), (H), and 
(I), and (f).
    (ii) Authority: 5 U.S.C. 552a(k)(2).
    (iii) Reasons: (A) 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. 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.
    (B) From subsections (d) and (f) because providing access to 
investigative records 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.
    (C) 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.
    (D) From subsections (e)(4)(G) and (H) because this system of 
records is compiled for investigative purposes and is exempt from 
the access provisions of subsections (d) and (f).
    (E) 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.
    (F) Consistent with the legislative purpose of the Privacy Act 
of 1974, the Air Force will grant access to nonexempt material in 
the records being maintained. Disclosure will be governed by Air 
Force'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 or 
civil

[[Page 38451]]

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: May 29, 2002.
Patricia L. Toppings,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 02-13900 Filed 6-3-02; 8:45 am]
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