[Federal Register Volume 70, Number 205 (Tuesday, October 25, 2005)]
[Proposed Rules]
[Pages 61589-61590]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-21113]


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DEPARTMENT OF DEFENSE

Department of the Army

32 CFR Part 505


Privacy Act; Implementation

AGENCY: Department of the Army

ACTION: Proposed rule.

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SUMMARY: The Department of the Army is proposing to exempt those 
records contained in A0600-20 DCS, G-1, entitled ``Sexual Assault Data 
Management System (SADMS) Files'' 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 December 27, 2005 to be 
considered by this agency.

ADDRESSES: Department of the Army, Freedom of Information/Privacy 
Division, U.S. Army Records Management and Declassification Agency, 
Attn: AHRC-PDD-FPZ, 7701 Telegraph Road, Casey Building, Suite 144, 
Alexandria, VA 22325-3905.

FOR FURTHER INFORMATION CONTACT: Ms. Janice Thornton at (703) 428-6497.

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

[[Page 61590]]

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.

List of Subjects in 32 CFR Part 505

    Privacy.

    Accordingly, 32 CFR part 505 is proposed to be amended as follows:

PART 505--[AMENDED]

    1. The authority citation for 32 CFR part 505 continues to read as 
follows:

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

    2. Section 505.5 is amended by adding paragraph (e)(34) as follows:


Sec.  505.5  Exemptions.

    (e) * * *
    (34) System identifier and name: A0600-20 DCS, G-1, Sexual Assault 
Data Management System (SADMS) Files.
    (i) 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 (A) such provisions have been identified and an 
exemption claimed for the original record and (B) the purpose 
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. 
552a.

    Dated: October 17, 2005.
L.M. Bynum,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 05-21113 Filed 10-24-05; 8:45 am]
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