[Federal Register Volume 68, Number 236 (Tuesday, December 9, 2003)]
[Proposed Rules]
[Pages 68578-68579]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-30398]


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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 F071 JTF A, entitled 
``Computer Network Crime Case System''. The (j)(2) and (k)(2) 
exemptions increase the value of the system of records for law 
enforcement purposes.

DATES: Comments must be received on or before February 9, 2004, to be 
considered by this agency.

ADDRESSES: Send comments to the Air Force Privacy Act Officer, 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 certified 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 certified 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 certified 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 certified 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.

    Accordingly, 32 CFR part 806b is proposed to be amended 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).


[[Page 68579]]


    2. Appendix C to part 806b is amended by adding paragraph (a)(7) to 
read as follows:

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

    a. General exemptions. * * *
    (7) System identifier and name: F071 JTF A, Computer Network 
Crime Case System.
    (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. Any portion of this system of records which falls within the 
provisions of 5 U.S.C. 552a(j)(2) may be exempt 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).
    (B) 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 
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. 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(j)(2) and (k)(2).
    (iii) Reasons: (A) From subsection (c)(3) because the release of 
accounting of disclosure would inform a subject that he or she is 
under investigation. This information would provide considerable 
advantage to the subject in providing him or her with knowledge 
concerning the nature of the investigation and the coordinated 
investigative efforts and techniques employed by the cooperating 
agencies. This would greatly impede criminal law enforcement.
    (B) From subsection (c)(4) and (d), because notification would 
alert a subject to the fact that an open investigation on that 
individual is taking place, and might weaken the on-going 
investigation, reveal investigative techniques, and place 
confidential informants in jeopardy.
    (C) From subsection (e)(1) because the nature of the criminal 
and/or civil investigative function creates unique problems in 
prescribing a specific parameter in a particular case with respect 
to what information is relevant or necessary. Also, information may 
be received which may relate to a case under the investigative 
jurisdiction of another agency. The maintenance of this information 
may be necessary to provide leads for appropriate law enforcement 
purposes and to establish patterns of activity that may relate to 
the jurisdiction of other cooperating agencies.
    (D) From subsection (e)(2) because collecting information to the 
fullest extent possible directly from the subject individual may or 
may not be practical in a criminal and/or civil investigation.
    (E) From subsection (e)(3) because supplying an individual with 
a form containing a Privacy Act Statement would tend to inhibit 
cooperation by many individuals involved in a criminal and/or civil 
investigation. The effect would be somewhat adverse to established 
investigative methods and techniques.
    (F) From subsections (e)(4)(G), (H), and (I) because this system 
of records is exempt from the access provisions of subsection (d).
    (G) From subsection (e)(5) because the requirement that records 
be maintained with attention to accuracy, relevance, timeliness, and 
completeness would unfairly hamper the investigative process. It is 
the nature of law enforcement for investigations to uncover the 
commission of illegal acts at diverse stages. It is frequently 
impossible to determine initially what information is accurate, 
relevant, timely, and least of all complete. With the passage of 
time, seemingly irrelevant or untimely information may acquire new 
significance as further investigation brings new details to light.
    (H) From subsection (e)(8) because the notice requirements of 
this provision could present a serious impediment to law enforcement 
by revealing investigative techniques, procedures, and existence of 
confidential investigations.
    (I) From subsection (f) because the agency's rules are 
inapplicable to those portions of the system that are exempt and 
would place the burden on the agency of either confirming or denying 
the existence of a record pertaining to a requesting individual 
might in itself provide an answer to that individual relating to an 
on-going investigation. The conduct of a successful investigation 
leading to the indictment of a criminal offender precludes the 
applicability of established agency rules relating to verification 
of record, disclosure of the record to that individual, and record 
amendment procedures for this record system.
    (J) From subsection (g) because this system of records should be 
exempt to the extent that the civil remedies relate to provisions of 
5 U.S.C. 552a from which this rule exempts the system.

    Dated: November 20, 2003.
Patricia L. Toppings,
Alternate OSD Federal Register Liaison Officer, Department of Defense.

[FR Doc. 03-30398 Filed 12-8-03; 8:45 am]
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