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: Final rule.

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SUMMARY: The Department of the Air Force is adopting the exemption rule

published on October 18, 1999, at 64 FR 56181 as final. No comments

were received during the sixty day comment period.

EFFECTIVE DATE: December 17, 1999.

FOR FURTHER INFORMATION CONTACT: Mrs. Anne Rollins at (703) 588-6187.

SUPPLEMENTARY INFORMATION:

Executive Order 12866, `Regulatory Planning and Review'

It has been determined that this Privacy Act rule 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 Privacy Act 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 Privacy Act rule 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 revised to read as follows:

[[Page 72032]]

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 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 Forces 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 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: December 16, 1999.

L.M. Bynum,

Alternate OSD Federal Register Liaison Officer, Department of Defense.

[FR Doc. 99-33244 Filed 12-22-99; 8:45 am]

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