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[Federal Register Volume 62, Number 247 (Wednesday, December 24, 1997)]
[Rules and Regulations]
[Pages 67291-67292]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-33542]

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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: Final rule.

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SUMMARY: The Defense Special Weapons Agency (DSWA) is adding 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.
EFFECTIVE DATE: December 3, 1997.
ADDRESSES: 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 
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 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 
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 is adopting the changes 
previously published as a proposed rule on October 3, 1997, at 62 FR 
51821. No comments were received, therefore, the Defense Special 
Weapons Agency is adopting the rule as previously published.

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 authority citation for 32 CFR part 318 continues to read as 
follows:
    Authority: Pub. L. 93-579, 88 Stat. 1896 (5 U.S.C. 552a).
    2. Section 318.9 is redesignated as 318.11.
    3. Sections 318.9 and 318.10 are added as follows:

[[Page 67292]]

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 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 activities 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: December 18, 1997.

L. M. Bynum,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 97-33542 Filed 12-23-97; 8:45 am]
BILLING CODE 5000-04-F
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