[Federal Register Volume 67, Number 230 (Friday, November 29, 2002)]
[Proposed Rules]
[Pages 71118-71119]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-29816]


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DEPARTMENT OF DEFENSE

Office of the Secretary

32 CFR Part 311

[Administrative Instruction 81]


Privacy Act; Implementation

AGENCY: Office of the Secretary of Defense, DOD.

ACTION: Proposed rule.

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SUMMARY: The Office of the Secretary of Defense is proposing to exempt 
two existing systems of records in its inventory of systems of records 
pursuant to the Privacy Act of 1974 (5 U.S.C. 552a), as amended.
    During the course of a FOIA and/Privacy Act action, exempt 
materials from other systems of records may in turn become part of the 
case records in these systems. To the extent that copies of exempt 
records from those ``other'' systems of records are entered into the 
FOIA and/or Privacy Act case records, the Office of the Secretary of 
Defense hereby claims the same exemptions for the records from those 
``other'' systems that are entered into this system, as claimed for the 
original primary systems of records which they are a part. Therefore, 
OSD is proposing to add exemptions to the existing systems of records.

DATES: Comments must be received on or before January 28, 2003, to be 
considered by this agency.

ADDRESSES: Send comments to OSD Privacy Act Coordinator, Records 
Management Section, Washington Headquarters Services, 1155 Defense 
Pentagon, Washington, DC 20301-1155.

FOR FURTHER INFORMATION CONTACT: Mr. David Bosworth at (703) 601-4728.

SUPPLEMENTARY INFORMATION:

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 responsibilities among the various levels of government.

List of Subjects in 32 CFR Part 311

    Privacy.

    Accordingly, 32 CFR part 311 is amended to read as follows:

PART 311--OSD PRIVACY PROGRAM

    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. Section 311.8, is amended by adding paragraphs (c)(12) and (13) 
to read as follows:


Sec.  311.8  Procedures for Exemptions.

* * * * *
    (c) Specific exemptions. * * *
    (12) System identifier and name: DFOISR 05, Freedom of Information 
Act Case Files.
    (i) Exemption: During the processing of a Freedom of Information 
Act request, exempt materials from other systems of records may in turn 
become part of the case record in this system. To the extent that 
copies of exempt records from those ``other'' systems of records are 
entered into this system, the Office of the Secretary of Defense claims 
the same exemptions for the records from those ``other'' systems that 
are entered into this system, as claimed for the original primary 
system of which they are a part.
    (ii) Authority: 5 U.S.C. 552a(j)(2), (k)(1), (k)(2), (k)(3), 
(k)(4), (k)(5), (k)(6), and (k)(7).
    (iii) Reasons: Records are only exempt from pertinent provisions of 
5 U.S.C. 552a to the extent such provisions have been identified and an 
exemption claimed for the original record and the purposes underlying 
the exemption for the original record still pertain to the record which 
is now contained in this system of records. In general, the exemptions 
were claimed in order to protect properly classified information 
relating to national defense and foreign policy, to avoid interference 
during the conduct of criminal, civil, or administrative actions or 
investigations,

[[Page 71119]]

to ensure protective services provided the President and others are not 
compromised, to protect the identity of confidential sources incident 
to Federal employment, military service, contract, and security 
clearance determinations, to preserve the confidentiality and integrity 
of Federal testing materials, and to safeguard evaluation materials 
used for military promotions when furnished by a confidential source. 
The exemption rule for the original records will identify the specific 
reasons why the records are exempt from specific provisions of 5 U.S.C. 
552a.
    (13) System identifier and name: DFOISR 10, Privacy Act Case Files.
    (i) Exemption: During the processing of a Privacy Act request 
(which may include access requests, amendment requests, and requests 
for review for initial denials of such requests), exempt materials from 
other systems of records may in turn become part of the case record in 
this system. To the extent that copies of exempt records from those 
`other' systems of records are entered into this system, the Office of 
the Secretary of Defense hereby claims the same exemptions for the 
records from those other' systems that are entered into this system, as 
claimed for the original primary system of which they are a part.
    (ii) Authority: 5 U.S.C. 552a(j)(2), (k)(1), (k)(2), (k)(3), 
(k)(4), (k)(5), (k)(6), and (k)(7).
    (iii) Reason: Records are only exempt from pertinent provisions of 
5 U.S.C. 552a to the extent such provisions have been identified and an 
exemption claimed for the original record and the purposes underlying 
the exemption for the original record still pertain to the record which 
is now contained in this system of records. In general, the exemptions 
were claimed in order to protect properly classified information 
relating to national defense and foreign policy, to avoid interference 
during the conduct of criminal, civil, or administrative actions or 
investigations, to ensure protective services provided the President 
and others are not compromised, to protect the identity of confidential 
sources incident to Federal employment, military service, contract, and 
security clearance determinations, to preserve the confidentiality and 
integrity of Federal testing materials, and to safeguard evaluation 
materials used for military promotions when furnished by a confidential 
source. The exemption rule for the original records will identify the 
specific reasons why the records are exempt from specific provisions of 
5 U.S.C. 552a.

    Dated: November 14, 2002.
Patricia L. Toppings,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 02-29816 Filed 11-27-02; 8:45 am]
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