[Federal Register Volume 59, Number 12 (Wednesday, January 19, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-1104]


[[Page Unknown]]

[Federal Register: January 19, 1994]


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DEPARTMENT OF DEFENSE

Office of the Inspector General

32 CFR Part 312

[Office of the Inspector General Policy and Procedures Manual, Chapter 
33]

 

Office of the Inspector General (OIG) Privacy Program

AGENCY: Inspector General, DOD.
ACTION: Final rule.

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SUMMARY: This is an administrative change. The U.S. Court of Appeals 
for the District of Columbia ruled that the Justice Department could 
not require FOIA/PA requesters to provide notarized signatures to prove 
their identities, finding the policy clashed with other Federal law. 
Based on that ruling, the DoD Privacy Office has determined that DOD 
Component rules having a similar requirement for notarized signatures 
must be amended to eliminate the requirement.
    Therefore, the Office of the Inspector General, DOD, is amending 
its rules to eliminate the requirement for notarized signatures.

EFFECTIVE DATE: January 19, 1994.

FOR FURTHER INFORMATION CONTACT: Ms. Nadine K. Dulacki at (703) 695-
9568.

SUPPLEMENTARY INFORMATION: Executive Order 12866. The Director, 
Administration and Management, Office of the Secretary of Defense has 
determined that this Privacy Act rule for the Department of Defense 
does not constitute `significant regulatory action'. Analysis of the 
rule indicates that it does not have an annual effect on the economy of 
$100 million or more; does not create a serious inconsistency or 
otherwise interfere with an action taken or planned by another agency; 
does not materially alter the budgetary impact of entitlements, grants, 
user fees, or loan programs or the rights and obligations of recipients 
thereof; does not raise novel legal or policy issues arising out of 
legal mandates, the President's priorities, or the principles set forth 
in Executive Order 12866 (1993).

Regulatory Flexibility Act of 1980. The Director, Administration and 
Management, Office of the Secretary of Defense certifies that this 
Privacy Act rule for the Department of Defense does not have 
significant economic impact on a substantial number of small entities 
because it is concerned only with the administration of Privacy Act 
systems of records within the Department of Defense.

Paperwork Reduction Act. The Director, Administration and Management, 
Office of the Secretary of Defense certifies that this Privacy Act rule 
for the Department of Defense imposes 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.
    The Office of the Inspector General, DOD, is amending 32 CFR part 
312 by revising sections 312.4 and 312.5(b) to eliminate the 
requirement for notarized signatures.

List of Subjects in 32 CFR Part 312

    Privacy.

    Accordingly, the OIG is amending 32 CFR part 312 as follows:
    1.The authority citation for 32 CFR part 312 continues to read as 
follows:

    Authority: Pub. L. 93-579, 88 Stat 1896 (5 U.S.C. 552a).

    2.Section 312.4 is revised to read as follows:


Sec. 312.4  Requirements for Identification.

    Only upon proper identification will any individual be granted 
access to records which pertain to him/her. Identification is required 
both for accurate record identification and to avoid disclosing records 
to unauthorized individuals. Requesters must provide their full name 
and as much information as possible about the record being sought in 
order that a proper search for records can be accomplished. Inclusion 
of a telephone number for the requester is recommended to expedite 
certain matters. Requesters applying in person must provide an 
identification with photograph, such as a driver's license, military 
identification card, building pass, etc.
    3.Section 312.5, paragraph (b) is revised to read as follows:


Sec. 312.5  Access by subject individuals.

* * * * *
    (b)Any individual may authorize the OIG to provide a copy of his/
her records to a third part. This authorization must be in writing, 
must designate the recipient by name, must specify the records or 
portion to be provided to the recipient, and should accompany the 
initial request to the OIG.
* * * * *

    Dated: January 11, 1994.
Linda L. Bynum,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 94-1104 Filed 01-18-94; 8:45 am]
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