[Federal Register Volume 61, Number 20 (Tuesday, January 30, 1996)]
[Rules and Regulations]
[Pages 2915-2917]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-1614]
=======================================================================
-----------------------------------------------------------------------
[[Page 2916]]
DEPARTMENT OF DEFENSE
Office of the Secretary
32 CFR Part 312, 317, 318, 320, 321, 323, 505, 701, and 806b
Privacy Program
AGENCY: Department of Defense.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The President signed Executive Order 12958 on April 17, 1995,
replacing Executive Order 12356 effective October 14, 1995. Therefore,
the Department of Defense is amending Privacy Act procedural and
exemption rules where they cite the old Executive Order 12356,
replacing it with Executive Order 12958.
EFFECTIVE DATE: October 14, 1995.
FOR FURTHER INFORMATION CONTACT: Ms. Jody Sinkler at (703) 607-2943 or
DSN 327-2943.
SUPPLEMENTARY INFORMATION: Executive Order 12866. The Director,
Administration and Management, Office of the Secretary of Defense has
determined that this proposed Privacy Act rule for the Department of
Defense does not constitute 'significant regulatory action'. Analysis
of the rule indicates that it does not have an annual effect on the
economy of $100 million or more; does not create a serious
inconsistency or otherwise interfere with an action taken or planned by
another agency; does not materially alter the budgetary impact of
entitlements, grants, user fees, or loan programs or the rights and
obligations of recipients thereof; does not raise novel legal or policy
issues arising out of legal mandates, the President's priorities, or
the principles set forth in Executive Order 12866 (1993).
Regulatory Flexibility Act of 1980. The Director, Administration and
Management, Office of the Secretary of Defense certifies that this
Privacy Act rule for the Department of Defense does not have
significant economic impact on a substantial number of small entities
because it is concerned only with the administration of Privacy Act
systems of records within the Department of Defense.
Paperwork Reduction Act. The Director, Administration and Management,
Office of the Secretary of Defense certifies that this Privacy Act
proposed rule for the Department of Defense imposes 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.
The President signed Executive Order 12958 on April 17, 1995,
replacing Executive Order 12356 effective October 14, 1995. Therefore,
the Office of the Inspector General is amending Privacy Act procedural
and exemption rules where they cite the old Executive Order 12356,
replacing it with Executive Order 12958.
List of Subjects in 32 CFR part 312, 317, 318, 320, 321, 323, 505,
701, and 806b
Privacy.
Accordingly, 32 CFR part 312 is amended as follows:
1.The authority citation for 32 CFR part 312, 317, 318, 320, 321,
323, 505, 701, and 806b continues to read as follows:
Authority: Pub. L. 93-579, 88 Stat 1896 (5 U.S.C.552a).
2.Section 312.12, paragraph (a), is amended by revising the first
sentence to read as follows:
Sec. 312.12Exemptions.
(a) Any record in a system of records maintained by the Office of
the Inspector General which falls within the provisions of 5 U.S.C.
552a(k)(1) may be exempt from the following subsections of 5 U.S.C.
552a: (c)(3), (d), (e)(1), (e)(4)(G) through (I) and (f) to the extent
that a record system contains any record properly classified under
Executive Order 12958 and that the record is required to be kept
classified in the interest of national defense or foreign policy.* * *
* * * * *
3.Section 317.133, paragraph (b), is amended by revising the first
sentence to read as follows:
Sec. 317.133DCAA exempt record systems.
* * * * *
(b) Classified material. The Director, DCAA has made a
determination that all systems of records maintained by the agency
shall be exempt from 5 U.S.C. 552a(d) of the Privacy Act pursuant to 5
U.S.C. 552a(k)(1) to the extent that the record system contains any
information properly classified under Executive Order 12958 and
required by the executive order to be withheld in the interest of
national defense or foreign policy.* * *
* * * * *
4.Section 318.5, paragraph (a), is amended by revising the first
sentence to read as follows:
Sec. 318.5Exemptions.
(a) Exemption for classified material. All systems of records
maintained by the Defense Nuclear Agency shall be exempt under section
(k)(1) of 5 U.S.C. 552a, to the extent that the systems contain any
information properly classified under E.O. 12958 and that is required
by that E.O. to be kept secret in the interest of national defense or
foreign policy.* * *
* * * * *
5.Section 320.11, is amended by revising the first sentence to read
as follows:
Sec. 320.11Specific exemptions.
All systems of records maintained by the Defense Mapping Agency and
its components shall be exempt from the requirements of 5 U.S.C.
552a(d) pursuant to 5 U.S.C. 552a(k)(1) to the extent that the system
contains any information properly classified under Executive Order
12958 and that is required by Executive Order to be kept secret in the
interest of national defense or foreign policy.* * *
6.Section 321.14, paragraph (b), first sentence is revised to read
as follows:
Sec. 321.14 Exemptions.
* * * * *
(b) All systems of records maintained by DIS shall be exempt from
the requirements of 5 U.S.C. 552a(d) pursuant to 5 U.S.C. 552a(k)(1) to
the extent that the system contains any information properly classified
under Executive Order 12958 and which is required by the Executive
Order to be withheld in the interest of national defense of foreign
policy.* * *
* * * * *
7.Appendix H to part 323, introductory text, first sentence is
revised to read as follows:
Appendix H to Part 323-DLA Exemption Rules
Exempt Records Systems. All systems of records maintained by the
Defense Logistics Agency will be exempt from the requirements of 5
U.S.C. 552a(d) pursuant to 5 U.S.C. 552a(k)(1) to the extent that the
system contains any information properly classified under Executive
Order 12958 and which is required by the Executive Order to be kept
secret in the interest of national defense or foreign policy.* * *
* * * * *
8.Section 505.5 is amended in paragraphs (e)k.(4), (e)m.(4),
(e)n.(4), (e)o.(4), and (e)p.(4) by revising `12356' to read `12958'
and by revising paragraph (c)(1) to read as follows:
Sec. 505.5 Exemptions.
* * * * *
(c) Specific exemptions.
[[Page 2917]]
(1) Classified information in every Army system of records. This
exemption is not limited to the systems listed in paragraph (d) of this
section. Before denying as individual access to classified information,
the Access and Amendment Refusal Authority must make sure that it was
properly classified under the standards of Executive Orders 11652,
12065, or 12958 and that it must remain so in the interest of national
defense of foreign policy. (5 U.S.C. 552a(k)(1)).
* * * * *
9.Part 701 is amended by revising `12356' to read `12958' in the
following sections:
a. Section 701.113 paragraphs (d) and (g)(1).
b. Section 701.117.
c. Section 701.118, paragraphs (a) Reasons:, (m) Reasons:, (p)
Reasons:.
d. Section 701.119, paragraph (b) Reasons:.
10.Appendix C to Part 806b, paragraph (b)(1)(i), is amended by
revising `12356' to read `12958'.
Dated: December 4, 1995.
L. M. Bynum,
Alternate OSD Federal Register Liaison Officer, Department of Defense
[FR Doc. 96-1614 Filed 1-29-96; 8:45 am]
BILLING CODE 5000-04-F
