[Federal Register Volume 68, Number 168 (Friday, August 29, 2003)]
[Proposed Rules]
[Pages 51958-51959]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-22114]


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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 amend an 
existing exemption rule for the Privacy Act system of records notice 
F031 AF SP A, entitled Correction and Rehabilitation Records. The 
amendments consist of changing the system identifier to F031 AF SF A, 
and revising the reasons for exempting from disclosure certain 
subsections of the Privacy Act of 1974.

DATES: Comments must be received on or before October 28, 2003 to be 
considered by this agency.

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.


[[Page 51959]]


    Accordingly, 32 CFR part 806b is proposed to be revised to read 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. Paragraph (a)(5) of Appendix C to part 806b is revised to read 
as follows:

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

* * * * *
    (a) General exemptions. * * *
    (5) System identifier and name: F031 AF SF A, Correction and 
Rehabilitation Records.
    (i) Exemption: (A) 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.
    (B) 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)(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) 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)(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.
    (E) From subsections (e)(4)(G) and (H) because this system of 
records is exempt from individual access pursuant to subsections 
(j)(2) of the Privacy Act of 1974.
    (F) 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.
    (G) 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.
    (H) 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.
    (I) From subsection (f) because this system of records has been 
exempted from the access provisions of subsection (d).
    (J) From subsection (g) because this system of records compiled 
for law enforcement purposes and has been exempted from the access 
provisions of subsections (d) and (f).
    (K) 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 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 
necessary for effective law enforcement.

    Dated: August 22, 2003.
Patricia L. Toppings,
Alternate OSD Federal Register Liaison Officer, Department of Defense.

[FR Doc. 03-22114 Filed 8-28-03; 8:45 am]
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