[Federal Register Volume 70, Number 37 (Friday, February 25, 2005)]
[Proposed Rules]
[Pages 9260-9261]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-3666]


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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, DoD.

ACTION: Proposed rule.

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SUMMARY: The Office of the Secretary of Defense is proposing to exempt 
those records contained in DCIFA 01, entitled ``CIFA Operational and 
Analytical Records'' when an exemption has been previously claimed for 
the records in another Privacy Act system of records. The exemption is 
intended to preserve the exempt status of the record when the purposes 
underlying the exemption for the original records are still valid and 
necessary to protect the contents of the records.

DATES: Comments must be received on or before April 26, 2005, 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: Ms. Juanita Irvin at (703) 601-4722, 
extension 110.

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. This 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

[[Page 9261]]

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 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 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.

    Dated: February 18, 2005.
Jeannette Owings-Ballard,
OSD Federal Register Liaison Officer, Department of Defense.

List of Subjects in 32 CFR Part 311

    Privacy.

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

PART 311--[Amended]

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

    Authority: Pub. L. 93-579, 88 Stat. 1986 (5 U.S.C. 522a).

    2. Section 311.8 is amended by adding paragraph (c)(15) as follows:


Sec.  311.8  Procedures for exemptions.

* * * * *
    (c) * * *
    (15) System identifier and name: DCIFA 01, CIFA Operational and 
Analytical Records.
    (1) Exemptions: This system of records is a compilation of 
information from other Department of Defense and U.S. Government 
systems of records. To the extent that copies of exempt records from 
those ``other'' systems of records are entered into this system, OSD 
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) 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 
are 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, and to preserve the confidentiality 
and integrity of Federal evaluation materials. 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. 522a.

[FR Doc. 05-3666 Filed 2-24-05; 8:45 am]
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