[Federal Register Volume 81, Number 154 (Wednesday, August 10, 2016)]
[Rules and Regulations]
[Pages 52767-52769]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-18822]


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DEPARTMENT OF DEFENSE

Department of the Army

32 CFR Part 505

[USA-2016-HQ-0030]


Army Privacy Program

AGENCY: Department of the Army, DoD.

ACTION: Direct final rule.

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SUMMARY: The Department of the Army is amending the Army Privacy 
Program Regulation. Specifically, Army is adding exemption rules for 
Army system of records ``A0600-20 SAMR, Soldiers Equal Opportunity 
Investigative Files''. This rule provides policies and procedures for 
the Army's implementation of the Privacy Act of 1974, as amended. This 
direct final rule makes changes to the Department of the Army's Privacy 
Program rule. These changes will allow the Department to exempt records 
from certain portions of the Privacy Act. This will improve the 
efficiency and effectiveness of the Department of Defense's (DoD's) 
program by preserving the exempt status of the records when the 
purposes underlying the exemption are valid and necessary to protect 
the contents of the records.

DATES: The rule will be effective October 19, 2016 unless comments are 
received that would result in a contrary determination. Comments will 
be accepted on or before October 11, 2016.

ADDRESSES: You may submit comments, identified by docket number and/or 
RIN number and title, by any of the following methods:
     Federal Rulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     Mail: Department of Defense, Office of the Deputy Chief 
Management Officer, Directorate for Oversight and Compliance, 4800 Mark 
Center Drive, Mailbox #24, Alexandria, VA 22350-1700.
    Instructions: All submissions received must include the agency name 
and docket number or Regulatory Information Number (RIN) 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. Tracy C. Rogers, Chief, FOIA/PA, 
telephone: 703-428-7499.

[[Page 52768]]


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 non-substantive 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.
    This regulatory action imposes no monetary costs to the Agency or 
public. The benefit to the public is the accurate reflection of the 
Agency's Privacy Program to ensure that policies and procedures are 
known to the public.

Regulatory Procedures

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

    Executive Orders 13563 and 12866 direct agencies to assess all 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits (including potential economic, environmental, public 
health and safety effects, distribute impacts, and equity). Executive 
Order 13563 emphasizes the importance of quantifying both costs and 
benefits, of reducing costs, of harmonizing rules, and of promoting 
flexibility. It has been determined this Privacy Act rule is not a 
significant rule. This rule does 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 this Privacy Act rule for the DoD does 
not have significant economic impact on a substantial number of small 
entities because it is concerned only with the administration of 
Privacy Act within the DoD.

Public Law 95-511, ``Paperwork Reduction Act'' (44 U.S.C. Chapter 35)

    It has been determined that this Privacy Act rule for the DoD 
imposes no information collection requirements on the public under the 
Paperwork Reduction Act of 1995.

Section 202, Public Law 104-4, ``Unfunded Mandates Reform Act''

    It has been determined that this Privacy Act rulemaking for the DoD 
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 rule for the Department 
of Defense does not have federalism implications. The rule does 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 amended as follows:

PART 505--ARMY PRIVACY ACT PROGRAM

0
1. The authority citation for 32 CFR part 505 continues to read as 
follows:

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

0
2. Amend appendix D to part 505 by adding paragraph (g)(35) to read as 
follows:

Appendix D to Part 505--Exemptions, Exceptions, and DoD Blanket Routine 
Uses

* * * * *
    (g) * * *
    (35) System identifier: A0600-20 SAMR.
    (i) System name: Soldiers Equal Opportunity Investigative Files.
    (ii) Exemptions: Investigatory material compiled for law 
enforcement purposes, other than material within the scope of 
subsection 5 U.S.C. 552a(j)(2), is exempt pursuant to 5 U.S.C. 
552a(k)(2). However, if an individual is denied any right, 
privilege, or benefit for which he would otherwise be entitled by 
Federal law or for which he would otherwise be eligible, as a result 
of the maintenance of such information, such material shall be 
provided to the individual, except to the extent that disclosure 
would reveal the identity of a confidential source. Therefore, 
portions of this system of records may be exempt pursuant to 5 
U.S.C. 552a(k)(2) from subsections 5 U.S.C. 552a(c)(3), (d), (e)(1), 
(e)(4)(G), (e)(4)(H), (e)(4)(I), and (f).
    (iii) Authority: 5 U.S.C. 552a(k)(2).
    (iv) Reasons: (A) From subsection (c)(3) because the release of 
the disclosure accounting would permit the subject of a criminal 
investigation or other investigation conducted for law enforcement 
purposes to obtain valuable information concerning the nature of 
that investigation which will present a serious impediment to law 
enforcement.
    (B) From subsection (d) because access to such records contained 
in this system would inform the subject of a criminal investigation 
or other investigation conducted for law enforcement purposes, of 
the existence of that investigation, provide the subject of the 
investigation with information that might enable him to avoid 
detection or apprehension, and would present a serious impediment to 
law enforcement.
    (C) From subsection (e)(1) because in the course of criminal 
investigations or other law enforcement investigations, information 
is often obtained concerning the violations of laws or civil 
obligations of others not relating to an active case or matter. In 
the interests of effective law enforcement, it is necessary that 
this valuable information is retained because it can aid in 
establishing patterns of activity and provide valuable leads for 
other agencies and future cases that may be brought.
    (D) From subsections (e)(4)(G) and (e)(4)(H) because the 
requirements in those subsections are inapplicable to the extent 
that portions of this system of records may be exempted from 
subsection (d), concerning individual access.
    (E) From subsection (e)(4)(I) because the identity of specific 
sources must be withheld to protect the confidentiality of the 
sources of criminal and other law enforcement information. This 
exemption is further necessary to protect the privacy and physical 
safety of witnesses and informants.
    (F) From subsection (f) because portions of this system of 
records have been exempted from the access provisions of subsection 
(d).
    (G) For records that are copies of exempt records from external 
systems of records, such 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

[[Page 52769]]

and the purposes underlying the exemption for the original record 
still pertain to the record that is now contained in this system of 
records. In general, the exemptions were claimed to properly protect 
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 to the President and others are not compromised; 
to protect records used solely as statistical records; 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 provided by a confidential source. The exemption 
rule for the original records will identify the specific reasons the 
records are exempt from specific provisions of 5 U.S.C. 552a.
* * * * *

    Dated: August 4, 2016.
Aaron Siegel,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 2016-18822 Filed 8-9-16; 8:45 am]
 BILLING CODE 5001-06-P