[Federal Register Volume 66, Number 154 (Thursday, August 9, 2001)]
[Rules and Regulations]
[Pages 41779-41780]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-19817]


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DEPARTMENT OF DEFENSE

Office of the Secretary

32 CFR Part 311

[OSD Administrative Instruction 81]


Privacy Act; Implementation

AGENCY: Office of the Secretary, DoD.

ACTION: Final rule.

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SUMMARY: The Office of the Secretary is adding an exemption rule for a 
Privacy Act system of records. The exemption is intended to increase 
the value of the system of records and to protect the privacy of 
individuals identified in the system of records.

[[Page 41780]]

    In addition, this amendment includes specific language for 
providing periodic Privacy Act training for DoD personnel who may be 
expected to deal with the new media or the public.

EFFECTIVE DATE: February 5, 2001.

ADDRESSES: OSD Privacy Act Officer, Washington Headquarter Services, 
Correspondence and Directives Division, Records Management Division, 
1155 Defense Pentagon, Washington, DC 20301-1155.

FOR FURTHER INFORMATION CONTACT: Mr. David Bosworth at (703) 695-1155.

SUPPLEMENTARY INFORMATION:   
    The proposed rule was published on December 5, 2000, at 65 FR 
75897. No comments were received. Executive Order 12866, ``Regulatory 
Planning and Review''. The Director of Administration and Management, 
Office of the Secretary of Defense, hereby determines 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, or 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)

    The Director of Administration and Management, Office of the 
Secretary of Defense, hereby certifies 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)

    The Director of Administration and Management, Office of the 
Secretary of Defense, hereby certifies 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''

    The Director of Administration and Management, Office of the 
Secretary of Defense, hereby certifies 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''

    The Director of Administration and Management, Office of the 
Secretary of Defense, hereby certifies 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 311

    Privacy.

    1. The authority citation for 32 CFR part 311 continues to read as 
follows:

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

    2. In Sec. 311.5, paragraph (a)(7)(ii) is revised as follows:


Sec. 311.5  Responsibilities.

    (a) * * *
    (7) * * *
    (ii) Provide guidance and training to organizational entities as 
required by 5 U.S.C. 552a and OMB Circular A-130. Periodic training 
will be provided to public affairs officers and others who may be 
expected to deal with the news media or the public.
* * * * *

    3. Section 311.8 is amended by adding paragraph (c)(7) to read as 
follows:


Sec. 311.8  Procedures for exemptions.

* * * * *
    (c) * * *
    (7) System identifier and name: DGC 20, DoD Presidential Appointee 
Vetting File.
    (i) Exemption: 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. Portions of this system of records 
that may be exempt pursuant to 5 U.S.C. 552a(k)(5) are subsections 
(d)(1) through (d)(5).
    (ii) Authority: 5 U.S.C. 552a(k)(5).
    (iii) Reason: From (d)(1) through (d)(5) because the agency is 
required to protect the confidentiality of sources who furnished 
information to the government under an expressed promise of 
confidentiality or, prior to September 27, 1975, under an implied 
promise that the identity of the source would be held in confidence. 
This confidentiality is needed to maintain the Government's continued 
access to information from persons who otherwise might refuse to give 
it.
* * * * *

    Dated: August 1, 2001.
L.M. Bynum,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 01-19817 Filed 8-8-01; 8:45 am]
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