[Federal Register Volume 68, Number 123 (Thursday, June 26, 2003)]
[Rules and Regulations]
[Pages 37968-37969]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-16131]


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DEPARTMENT OF DEFENSE

Office of the Inspector General

32 CFR Part 312


Privacy Act; Implementation

AGENCY: Office of the Inspector General, DoD.

ACTION: Final rule.

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SUMMARY: The Inspector General, DoD, is exempting 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.

EFFECTIVE DATE: June 3, 2003.

FOR FURTHER INFORMATION CONTACT: Mr. Darryl R. Aaron at (703) 604-9785.

SUPPLEMENTARY INFORMATION: A proposed rule was published on April 3, 
2003, at 68 FR 16249. No comments were received; therefore, the rule is 
being adopted as final.

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

[[Page 37969]]

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 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 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 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 312

    Privacy.

0
For the reasons stated in the preamble, 32 CFR part 312 is amended as 
follows:

PART 312--[AMENDED]

0
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).

0
2. Section 312.1 is revised to read as follows:


Sec.  312.1  Purpose.

    Pursuant to the requirements of the Privacy Act of 1974 (5 U.S.C. 
552a) and 32 CFR part 310--DoD Privacy Program, the following rules of 
procedures are established with respect to access and amendment of 
records maintained by the Office of the Inspector General (OIG) on 
individual subjects of these records.

0
3. 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 Office of Communications and Congressional Liaison, 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.

0
4. Section 312.9, paragraph (a) is revised to read as follows:


Sec.  312.9  Appeal of initial amendment decision.

    (a) All appeals on an initial amendment decision should be 
addressed to the Office of Communications and Congressional Liaison, 
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.
* * * * *

0
5. Section 312.12, is amended by adding paragraph (h) to read as 
follows:


Sec.  312.12  Exemptions.

* * * * *
    (h) System Identifier: CIG 01.
* * * * *
    (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: June 18, 2003.
Patricia L. Toppings,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 03-16131 Filed 6-25-03; 8:45 am]
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