[Federal Register Volume 62, Number 192 (Friday, October 3, 1997)]
[Proposed Rules]
[Pages 51821-51822]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-26202]


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DEPARTMENT OF DEFENSE

Defense Special Weapons Agency

32 CFR Part 318

[DSWA Instruction 5400.11B]


Defense Special Weapons Agency Privacy Program

AGENCY: Defense Special Weapons Agency, DOD.
ACTION: Proposed rule.

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SUMMARY: The Defense Special Weapons Agency (DSWA) is proposing to add 
two sections to its procedural rule for the DSWA Privacy Program. The 
two sections are entitled Disclosure of record to persons other than 
the individual to whom it pertains and Fees. The addition of these two 
sections helps an individual to better understand the DSWA Privacy 
Program.
DATES: Comments must be received on or before December 2, 1997.
ADDRESSES: Send comments regarding this proposed rule to the General 
Counsel, Defense Special Weapons Agency, 6801 Telegraph Road, 
Alexandria, VA 22310-3398.
FOR FURTHER INFORMATION CONTACT: Mrs. Sandy Barker at (703) 325-7681.
SUPPLEMENTARY INFORMATION:
Executive Order 12866. It has been determined that this Privacy Act 
proposed 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. It has been determined that this Privacy 
Act proposed 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. It has been determined that the 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 Defense Special Weapons Agency (DSWA) is proposing to add two 
sections to its procedural rule for the DSWA Privacy Program. The two 
sections are entitled Disclosure of record to persons other than the 
individual to whom it pertains and Fees. The addition of these two 
sections helps an individual to better understand the DSWA Privacy 
Program.

List of Subjects in 32 CFR Part 318

    Privacy.
    Accordingly, the Defense Special Weapons Agency amends 32 CFR part 
318 as follows:

PART 318-DEFENSE SPECIAL WEAPONS AGENCY PRIVACY PROGRAM-[AMENDED]

    1. The authoritiy citation for 32 CFR part 318 continues to read as 
follows:
    Authority: Pub. L. 93-579, 88 Stat. 1896 (5 U.S.C. 552a).


Sec. 318.9  [Redesignated as Sec. 318.11]

    2. Section 318.9 is redesignated as 318.11.
    3. Sections 318.9 and 318.10 are added to read as follows:


Sec. 318.9  Disclosure of record to persons other than the individual 
to whom it pertains.

    (a) General. No record contained in a system of records maintained 
by DSWA shall be disclosed by any means to any person or agency within 
or outside the Department of Defense without the request or consent of 
the subject of the record, except as described in 32 CFR part 310.41, 
Appendix C to part 310, and/or a Defense Special Weapons Agency system 
of records notice.
    (b) Accounting of disclosures. Except for disclosures made to 
members of the DoD in connection with their official duties, and 
disclosures required by the Freedom of Information Act, an accounting 
will be kept of all disclosures of records maintained in DSWA system of 
records.
    (1) Accounting entries will normally be kept on a DSWA form, which 
will be maintained in the record file jacket, or in a document that is 
part of the record.
    (2) Accounting entries will record the date, nature and purpose of 
each disclosure, and the name and address of

[[Page 51822]]

the person or agency to whom the disclosure is made.
    (3) Accounting records will be maintained for at least 5 years 
after the last disclosure, of for the life of the record, whichever is 
longer.
    (4) Subjects of DSWA records will be given access to associated 
accounting records upon request, except for those disclosures made to 
law enforcement activites when the law enforcement activity has 
requested that the disclosure not be made, and/or as exempted under 
section 318.11 of this part.


Sec. 318.10  Fees

    Individuals may request copies for retention of any documents to 
which they are granted access in DSWA records pertaining to them. 
Requesters will not be charged for the first copy of any records 
provided; however, duplicate copies will require a charge to cover 
costs of reproduction. Such charges will be computed in accordance with 
DoD 5400.11-R.

    Dated: September 29, 1997.
L. M. Bynum,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 97-26202 Filed 10-2-97; 8:45 am]
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