[Federal Register Volume 68, Number 64 (Thursday, April 3, 2003)]
[Proposed Rules]
[Pages 16249-16250]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-8018]


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DEPARTMENT OF DEFENSE

32 CFR Part 312


Office of the Inspector General; Privacy Act; Implementation

AGENCY: Office of the Inspector General, DoD.

ACTION: Proposed rule.

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SUMMARY: The Inspector General, DoD is proposing to exempt an existing 
system of records in its inventory of systems of records pursuant to 
the Privacy Act of 1974 (5 U.S.C. 552a), as amended.
    The exemptions are needed because during the course of a Freedom of 
Information Act (FOIA) and Privacy Act action, exempt materials from 
other systems of records may in turn become part of the case records in 
the system. To the extent that copies of exempt records from those 
``other'' systems of records are entered into the Freedom of 
Information Act and/or Privacy Act case records, the Inspector General, 
DoD, 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, 
the Inspector General, DoD is proposing to add exemptions to an 
existing system of records.

DATES: Comments must be received on or before June 2, 2003 to be 
considered by this agency.

ADDRESSES: Send comments to the Chief, Freedom of Information Act/
Privacy Act Office, 400 Army Navy Drive, Room 201, Arlington, VA 22202-
4704.

FOR FURTHER INFORMATION CONTACT: Mr. Joseph Caucci at (703) 604-9786.

SUPPLEMENTARY INFORMATION:

Executive Order 12866, ``Regulatory Planning and Review''

    It has been determined that Privacy Act rules for the Office of the 
Inspector General of 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 Office of the 
Inspector General of 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 Office of the Inspector General of 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 Office of the 
Inspector General of the Department of Defense impose no information 
requirements beyond the Office of the Inspector General and that the 
information collected within the Office of the Inspector 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 
Office of the Inspector General of 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 Office of 
the Inspector General of 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 312

    Privacy.

    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 312.3 is revised to read as follows:


Sec.  312.3  Procedure for requesting information.

    Individuals should submit written inquiries regarding all OIG files 
to the Administration and Logistics Services Directorate, ATTN: FOIA/PA 
Office, 400 Army Navy Drive, Arlington, VA 22202-4704. Individuals 
making a request in person must provide acceptable picture 
identification, such as a current driver's license.
    3. Section 312.9 paragraph (a) is revised read as follows:


Sec.  312.9  Appeal of initial amendment decision.

    (a) All appeals on an initial amendment decision should be 
addressed to the Administration and Logistics Services Directorate, 
ATTN: FOIA/PA Office, 400 Army Navy Drive, Arlington, VA 22202-4704. 
The appeal should be concise and should specify the reasons the 
requester believes that the initial amendment action by the OIG was not 
satisfactory. Upon receipt of the appeal, the designated official will 
review the request and make a determination to approve or deny the 
appeal.
* * * * *
    4. Section 312.12 is amended by adding paragraph (h) to read as 
follows:


Sec.  312.12,  Exemptions.

* * * * *
    (h) System Identifier: CIG 01.

[[Page 16250]]

    (1) System name: Privacy Act and Freedom of Information Act Case 
Files.
    (2) Exemption: During the processing of a Freedom of Information 
Act (FOIA) and Privacy Act (PA) 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 Inspector General, 
DoD, 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.
    (3) Authority: 5 U.S.C. 552a(j)(2), (k)(1), (k)(2), (k)(3), (k)(4), 
(k)(5), (k)(6), and (k)(7).
    (4) 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, 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: March 25, 2003.
Patricia L. Toppings,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 03-8018 Filed 4-2-03; 8:45 am]
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