Air Force Privacy Act Program

DEPARTMENT OF DEFENSE

Department of the Air Force

32 CFR Part 806b

[Air Force Instruction 37-132]

Air Force Privacy Act Program

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 a system of records notice F036 AF DP G, entitled

`Equal Opportunity and Treatment'. The exemption is intended to

increase the value of the system of records for law enforcement

purposes, to comply with prohibitions against the disclosure of certain

kinds of information, and to protect the privacy of individuals

identified in the system of records.

DATES: Comments must be received on or before December 17, 1999, to be

considered by this agency.

ADDRESSES: Send comments to the Air Force Access Programs Manager,

Headquarters, Air Force Communications and Information Center/ITC, 1250

Air Force Pentagon, Washington, DC 203301250.

FOR FURTHER INFORMATION CONTACT: Mrs. Anne Rollins at (703) 5886187.

SUPPLEMENTARY INFORMATION:

Executive Order 12866, `Regulatory Planning and Review'

It has been determined that 32 CFR part 321 is not a significant

regulatory action. The rule does not:

(1) Have an annual effect to the economy of $100 million or more;

or adversely affect in a material way the economy; a section 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;

(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. 601)

It has been certified that this rule is not subject to the

Regulatory Flexibility Act (5 U.S.C. 601) because it would not, if

promulgated, have a significant economic impact on a substantial number

of small entities.

Public Law 96-511, `Paperwork Reduction Act' (44 U.S.C. Chapter 35)

It has been certified that this part does not impose any reporting

or record keeping requirements under the Paperwork Reduction Act of

1995.

List of subjects in 32 CFR part 806b

Privacy.

Accordingly, 32 CFR part 806b is 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).

2. Appendix C to Part 806b is proposed to be amended by adding

paragraph (b)(21) as follows:

* * * * *

b. Specific exemptions.* * *

(21) System identifier and name: F036 AF DP G, Military Equal

Opportunity and Treatment.

(i)Exemption: 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 the

information, the individual will be provided access to the information

except to the extent that disclosure would reveal the identity of a

confidential source. Portions of this system of records may be exempt

pursuant to 5 U.S.C. 552a(d), (e)(4)(H), and (f).

(iii)Authority: 5 U.S.C. 552a(k)(2)

(iv)Reasons: (1) 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.

In addition, granting individuals access to information collected while

an Equal Opportunity and Treatment clarification/investigation is in

progress conflicts with the just, thorough, and timely completion of

the complaint, and could possibly enable individuals to interfere,

obstruct, or mislead those clarifying/investigating the complaint.

(2) From subsection (e)(4)(H) because this system of records is

exempt from individual access pursuant to subsection (k) of the Privacy

Act of 1974.

(3) From subsection (f) because this system of records has been

exempted from the access provisions of subsection (d).

(4) 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 identityof 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 this

system will be made on a case-by-case basis.

Dated: October 8, 1999.

L.M. Bynum,

Alternate OSD Federal Register Liaison Officer, Department of Defense.

[FR Doc. 99-27069 Filed 10-15-99; 8:45 am]

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