[Federal Register: May 9, 2003 (Volume 68, Number 90)]
[Rules and Regulations]
[Page 24881-24882]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr09my03-17]
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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.
ACTION: Final rule.
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SUMMARY: The Department of the Air Force is adding an exemption rule
for the system of records F031 DoD A, entitled ``Joint Personnel
Adjudication System''. The Joint Personnel Adjudication System is used
for personnel security management within DoD, and provides a common,
comprehensive medium to record and document personnel security actions
within the DoD.
EFFECTIVE DATE: January 28, 2003.
FOR FURTHER INFORMATION CONTACT: Mrs. Anne Rollins at (703) 601-4043 or
DSN 329-4043.
SUPPLEMENTARY INFORMATION: The proposed rule was published on November
29, 2002, at 67 FR 71120. No comments were received, therefore, the
rule, as changed, is being adopted as final.
The principal purpose of the claimed exemption is to protect the
identity of a confidential source. Therefore the rule has been changed
to eliminate those provisions for which an exemption had been claimed
but which now have been determined as not being supportive of the
overall purpose of the exemption.
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
[[Page 24882]]
responsibilities among the various levels of government.
List of Subjects in 32 CFR Part 806b
Privacy.
0
Accordingly, 32 CFR part 806b is amended to read as follows:
PART 806b--AIR FORCE PRIVACY ACT PROGRAM
0
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).
0
2. Appendix C to part 806b, is amended by adding paragraph (b)(23) to
read as follows:
Appendix C to Part 806b--General and specific exemptions
* * * * *
(b) Specific exemptions. * * *
(23) System identifier and name: F031 DoD A, Joint Personnel
Adjudication System.
(i) Exemption: (1) Investigatory material compiled solely for the
purpose of determining suitability, eligibility, or qualifications for
federal civilian employment, military service, federal contracts, or
access to classified information may be exempt pursuant to 5 U.S.C.
552a(k)(5), but only to the extent that such material would reveal the
identity of a confidential source.
(2) Therefore, portions of this system may be exempt pursuant to 5
U.S.C. 552a(k)(5) from the following subsections of 5 U.S.C.
552a(c)(3), (d), and (e)(1).
(ii) Authority: 5 U.S.C. 552a(k)(5).
(iii) Reasons: (A) From subsection (c)(3) and (d) when access to
accounting disclosures and access to or amendment of records would
cause the identity of a confidential sources to be revealed. Disclosure
of the source's identity not only will result in the Department
breaching the promise of confidentiality made to the source but it will
impair the Department's future ability to compile investigatory
material for the purpose of determining suitability, eligibility, or
qualifications for Federal civilian employment, Federal contracts, or
access to classified information. Unless sources can be assured that a
promise of confidentiality will be honored, they will be less likely to
provide information considered essential to the Department in making
the required determinations.
(B) From (e)(1) because in the collection of information for
investigatory purposes, it is not always possible to determine the
relevance and necessity of particular information in the early stages
of the investigation. In some cases, it is only after the information
is evaluated in light of other information that its relevance and
necessity becomes clear. Such information permits more informed
decision-making by the Department when making required suitability,
eligibility, and qualification determinations.
Dated: April 28, 2003.
Patricia L. Toppings,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 03-11575 Filed 5-8-03; 8:45 am]
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