[Federal Register Volume 77, Number 180 (Monday, September 17, 2012)]
[Rules and Regulations]
[Pages 57015-57016]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-22745]


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DEPARTMENT OF DEFENSE

Office of the Secretary

[Docket ID DoD-2012-OS-0104]

32 CFR Part 319


Privacy Act; Implementation

AGENCY: Defense Intelligence Agency, DoD.

ACTION: Direct final rule with request for comments.

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SUMMARY: The Defense Intelligence Agency (DIA) is adding a new 
exemption rule for LDIA 0209, entitled ``Litigation Case Files'' to 
exempt those records that have been previously claimed for the records 
in another Privacy Act system of records. DIA is updating the DIA 
Privacy Act Program by adding the (k)(2) and (k)(5) exemptions to 
accurately describe the basis for exempting the records in the system 
of records notice LDIA 0209, Litigation Case Files. In addition, exempt 
materials from other systems of records may in turn become part of the 
case records in this system. To the extent that copies of exempt 
records from those `other' systems of records are entered into this 
case record, the Defense Intelligence Agency 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.
    This direct final rule makes non-substantive changes to the Defense 
Intelligence Agency Program rules. This will improve the efficiency and 
effectiveness of DoD's program by ensuring the integrity of the 
security and counterintelligence records by the Defense Intelligence 
Agency and the Department of Defense. This rule is being published as a 
direct final rule as the Department of Defense does not expect to 
receive any adverse comments, and so a proposed rule is unnecessary.

DATES: The rule will be effective on November 26, 2012 unless comments 
are received that would result in a contrary determination. Comments 
will be accepted on or before November 16, 2012. If adverse comment is 
received, DoD will publish a timely withdrawal of the rule in the 
Federal Register.

ADDRESSES: You may submit comments, identified by docket number and 
title, by any of the following methods:
    * Federal Rulemaking Portal: http://www.regulations.gov. Follow the 
instructions for submitting comments.
    * Mail: Federal Docket Management System Office, 4800 Mark Center 
Drive; East Tower, Suite 02G09, Alexandria, VA 22350-3100.
    Instructions: All submissions received must include the agency name 
and docket number for this Federal Register document. The general 
policy for comments and other submissions from members of the public is 
to make these submissions available for public viewing on the Internet 
at http://www.regulations.gov as they are received without change, 
including any personal identifiers or contact information.

FOR FURTHER INFORMATION CONTACT: Ms. Theresa Lowery at (202) 231-1193.

SUPPLEMENTARY INFORMATION:

Direct Final Rule and Significant Adverse Comments

    DoD has determined this rulemaking meets the criteria for a direct 
final rule because it involves nonsubstantive changes dealing with 
DoD's management of its Privacy Programs. DoD expects no opposition to 
the changes and no significant adverse comments. However, if DoD 
receives a significant adverse comment, the Department will withdraw 
this direct final rule by publishing a notice in the Federal Register. 
A significant adverse comment is one that explains: (1) Why the direct 
final rule is inappropriate, including challenges to the rule's 
underlying premise or approach; or (2) why the direct final rule will 
be ineffective or unacceptable without a change. In determining whether 
a comment necessitates withdrawal of this direct final rule, DoD will 
consider whether it warrants a substantive response in a notice and 
comment process.

Executive Order 12866, ``Regulatory Planning and Review'' and Executive 
Order 13563, ``Improving Regulation and Regulatory 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 these Executive Orders.

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 additional information collection requirements on the 
public under the Paperwork Reduction Act of 1995.

[[Page 57016]]

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 319

    Privacy.
    Accordingly, 32 CFR part 319 is amended as follows:

PART 319--DEFENSE INTELLIGENCE AGENCY PRIVACY PROGRAM

0
1. The authority citation for 32 CFR Part 319 continues to read as 
follows:

    Authority: Pub. L. 93-579, 5 U.S.C. 552a(f) and (k).


0
2. Section 319.13 is amended by adding paragraph (l) to read as 
follows:


Sec.  319.13  Specific exemptions.

* * * * *
    (l) System identifier and name: LDIA 0209, Litigation Case Files.
    (1) Exemptions: Investigatory material compiled for law enforcement 
purposes, other than material within the scope of subsection 5 U.S.C 
552a(j)(2), may be exempt pursuant to 5 U.S.C 552(k)(2). However, if an 
individual is denied any right, privilege, or benefit for which he 
would otherwise be entitled by Federal law or which he would otherwise 
be eligible, as a result of maintenance of the information, the 
individual will be provided access to the information except to the 
extent that disclosure would reveal the identity of a confidential 
source. This exemption provides limited protection of investigative 
reports maintained in a system of records used in personnel or 
administrative actions. Investigatory material compiled solely for the 
purpose of determining suitability, eligibility, or qualifications for 
federal civilian employment, military service, federal contracts, or 
access to classified information may be exempt pursuant to 5 U.S.C. 
552a(k)(5), but only to the extent that such material would reveal the 
identity of a confidential source. Any portion of this record system 
which falls within the provisions of 5 U.S.C. 552a(k)(2)and (k)(5) may 
be exempt from the following subsections of 5 U.S.C. 552a: (c)(3), 
(d)(1)(2)(3)(4)(5), (e)(1), (e)(4)(G), (e)(4)(H), (e)(4)(I). Exempt 
materials from other systems of records may in turn become part of the 
case records in this system. To the extent that copies of exempt 
records from those `other' systems of records are entered into this 
case record, the Defense Intelligence Agency 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.
    (2) Authority: 5 U.S.C. 552a(j)(2), (k)(2), (k)(3), (k)(4), (k)(5), 
(k)(6), and (k)(7).

    (3) Reasons: The reason for asserting these exemptions (k)(2) and 
(k)(5) is to ensure the integrity of the litigation process.

    Dated: September 11, 2012.
Aaron Siegel,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 2012-22745 Filed 9-14-12; 8:45 am]
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