[Federal Register Volume 77, Number 52 (Friday, March 16, 2012)]
[Rules and Regulations]
[Pages 15590-15591]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-6176]


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DEPARTMENT OF DEFENSE

Office of the Secretary

[Docket ID DoD-2012-OS-0035]

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: Defense Intelligence Agency (DIA) is proposing to update the 
DIA Privacy Act Program by adding an exemption to accurately describe 
the basis for exempting the records in the system of records notice 
LDIA 0660, Security and Counterintelligence Records. This direct final 
rule makes nonsubstantive changes to the Defense Intelligence Agency 
(DIA) Privacy Program rules. These changes will allow the Department to 
add an exemption rule to the DIA Privacy Program rules that will exempt 
applicable Department records and/or material from certain portions of 
the Privacy Act. This will improve the efficiency and effectiveness of 
DoD's program by preserving the exempt status of the applicable records 
and/or material when the purposes underlying the exemption(s) are valid 
and necessary. 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 is effective on May 25, 2012 unless comments are 
received that would result in a contrary determination. Comments will 
be accepted on or before May 15, 2012. If DoD receives a significant 
adverse comment, the Department will publish a withdrawal of this 
direct final rule in the Federal Register.

ADDRESSES: You may submit comments, identified by docket number and 
title, by any of the following methods:
    <bullet> Federal Rulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
    <bullet> Mail: Federal Docket Management System Office, 4800 Mark 
Center Drive, 2nd Floor, 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 Progams. DoD expects no opposition to 
the changes and no significant adverse comments. However, if DoD 
receives a significant adverse comment, the Department will publish a 
withdrawal of this direct final rule 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 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.

Public Law 95-511, ``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.

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

    It has been determined that this 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 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 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 319.13 continues to read as 
follows:

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


[[Page 15591]]



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


Sec.  319.13  Specific exemptions.

* * * * *
    (e) System identifier and name: LDIA 0660, Security and 
Counterintelligence Files.
    (1) Exemption: Any portion of this record system which falls within 
the provisions of 5 U.S.C. 552a(k)(2), (k)(5) and (k)(6) may be exempt 
from the following subsections of 5 U.S.C. 552a: (c)(3), (d), (e)(1), 
(e)(4)(G), (e)(4)(H), and (e)(4)(I).
    (2) Authority: 5 U.S.C. 552a(k)(2), (k)(5) and (k)(6).
    (3) Reasons: The reasons for asserting these exemptions are to 
ensure the integrity of the adjudication process used by the Agency to 
determine the suitability, eligibility or qualification for Federal 
service with the Agency and to make determinations concerning the 
questions of access to classified materials and activities. The proper 
execution of this function requires that the Agency have the ability to 
obtain candid and necessary information in order to fully develop or 
resolve pertinent information developed in the process. Potential 
sources, out of fear or retaliation, exposure or other action, may be 
unwilling to provide needed information or may not be sufficiently 
frank to be a value in personnel screening, thereby seriously 
interfering with the proper conduct and adjudication of such matters; 
and protects information used for medical, psychological evaluations, 
security questionnaires and polygraph testing.
* * * * *

    Dated: February 28, 2012.
Patricia L. Toppings,
OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 2012-6176 Filed 3-15-12; 8:45 am]
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