Federal Register / Vol. 75, No. 186 / Monday, September 27, 2010 / Proposed Rules 59173 

26, 2010, (75 FR 52485) announced that 

a public hearing was scheduled for 

September 27, 2010 at 10 a.m. in the IRS 

Auditorium, Internal Revenue Building, 

1111 Constitution Avenue, NW., 

Washington, DC. The subject of the 

public hearing is under section 7430 of 

the Internal Revenue Code. 

The public comment period for these 

regulations expired on September 22, 

2010. Outlines of topics to be discussed 

at the hearing were due on September 

20, 2010. The notice of proposed 

rulemaking and notice of public hearing 

instructed those interested in testifying 

at the public hearing to submit a request 

to speak, and an outline of the topics to 

be addressed. As of Wednesday, 

September 22, 2010, no one has 

requested to speak. Therefore, the 

public hearing scheduled for September 

27, 2010, is cancelled. 

LaNita Van Dyke, 

Chief, Publications and Regulations Branch, 

Legal Processing Division, Associate Chief 

Counsel. 

[FR Doc. 2010–24155 Filed 9–24–10; 8:45 am] 

BILLING CODE 4830–01–P 

DEPARTMENT OF DEFENSE 

Office of the Secretary 

32 CFR Part 199 

[DOD–2009–HA–0175] 

RIN 0720–AB38 

TRICARE: Elimination of Copayments 

for Authorized Preventive Services for 

Certain TRICARE Standard 

Beneficiaries 

AGENCY: Office of the Secretary, 

Department of Defense. 

ACTION: Proposed rule. 

SUMMARY: This proposed rule 

implements Section 711 of the Duncan 

Hunter National Defense Authorization 

Act (NDAA) for Fiscal Year 2009 (FY 

2009). Section 711 eliminates 

copayments for authorized preventive 

services for TRICARE Standard 

beneficiaries other than Medicareeligible beneficiaries. This proposed 

rule also realigns the covered preventive 

services listed in the Exclusions section 

of the TRICARE regulation to the 

Special Benefits section in the 

regulation. 

DATES: Written comments received at 

the address indicated below by 

November 26, 2010 will be accepted. 

ADDRESSES: You may submit comments, 

identified by docket number or 

Regulatory Information Number (RIN) 

and title, by any of the following 

methods: 

Federal Rulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

Mail: Federal Docket Management 

System Office, 1160 Defense Pentagon, 

Washington, District of Columbia 

20301–1160. 

Instructions: All submissions received 

must include the agency name and 

docket number or 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. 

Joy Saly, Medical Benefits and 

Reimbursement Branch, TRICARE 

Management Activity, telephone (303) 

676–3742. 

SUPPLEMENTARY INFORMATION: 

I. Background 

TRICARE currently covers those 

preventive services authorized by 

statute for all TRICARE Standard 

beneficiaries. The NDAA for FY 1996 

(Pub. L. 104–106) and NDAA FY 1997 

(Pub. L. 104–201) provided authority for 

such care. Although beneficiaries 

enrolled in TRICARE Prime receive 

preventive services with no copayment 

requirement, prior to enactment of 

Section 711 of the Duncan Hunter 

NDAA FY 2009 (Pub. L. 110–417), 

TRICARE Standard beneficiaries who 

received preventive care were required 

to pay a cost-share. For further 

information on TRICARE, to include 

preventive services covered under 

TRICARE Prime and TRICARE 

Standard, and cost-shares, please visit 

http://www.tricare.mil. 

II. Section 711 of the Duncan Hunter 

NDAA for FY 2009 

This proposed rule implements 

section 711 of the Duncan Hunter 

NDAA for FY 2009. The language in 

Section 711 reads as follows: 

SEC. 711. WAIVER OF CO-PAYMENTS 

FOR PREVENTIVE SERVICES FOR 

CERTAIN TRICARE BENEFICIARIES. 

(a) Waiver of Certain Co-payments— 

Subject to subsection (b) and under 

regulations prescribed by the Secretary 

of Defense, the Secretary shall— 

(1) Waive all co-payments under 

sections 1079(b) and 1086(b) of title 10, 

United States Code, for preventive 

services for all beneficiaries who would 

otherwise pay copayments; and 

(2) Ensure that a beneficiary pays 

nothing for preventive services during a 

year even if the beneficiary has not paid 

the amount necessary to cover the 

beneficiary’s deductible for the year. 

(b) Exclusion for Medicare-Eligible 

Beneficiaries—Subsection (a) shall not 

apply to a medicare-eligible beneficiary. 

(c) Refund of Co-payments— 

(1) Authority—Under regulations 

prescribed by the Secretary of Defense, 

the Secretary may pay a refund to a 

medicare-eligible beneficiary excluded 

by subsection (b), subject to the 

availability of appropriations 

specifically for such refunds, consisting 

of an amount up to the difference 

between— 

(A) The amount the beneficiary pays 

for copayments for preventive services 

during Fiscal Year 2009; and 

(B) The amount the beneficiary would 

have paid during such fiscal year if the 

copayments for preventive services had 

been waived pursuant to subsection (a) 

during that year. 

(2) Co-payments Covered—The 

refunds under paragraph (1) are 

available only for copayments paid by 

medicare-eligible beneficiaries during 

Fiscal Year 2009. 

(d) Definitions—In this section: 

(1) Preventive Services—The term 

‘‘preventive services’’ includes, taking 

into consideration the age and gender of 

the beneficiary: 

(A) Colorectal screening. 

(B) Breast screening. 

(C) Cervical screening. 

(D) Prostate screening. 

(E) Annual physical exam. 

(F) Vaccinations. 

(G) Other services as determined by 

the Secretary of Defense. 

(2) Medicare-Eligible—The term 

‘‘medicare-eligible’’ has the meaning 

provided by section 1111(b) of Title 10, 

United States Code. 

III. General 

This language requires all copayments to be eliminated for 

authorized preventive services for 

certain TRICARE Standard beneficiaries 

who would otherwise pay co-payments 

and that certain TRICARE Standard 

beneficiaries pay nothing for the 

preventive services during a year, even 

if the beneficiary has not paid the 

amount necessary to cover the 

beneficiary’s deductible for the year. 

The language does not expand coverage 

of preventive services not otherwise 

authorized by law under the TRICARE 

preventive care benefit. 

IV. Medicare-Eligible Beneficiaries 

Section 711 specifically states that 

elimination of the co-payment shall not 


emcdonald on DSK2BSOYB1PROD with PROPOSALS
59174 Federal Register / Vol. 75, No. 186 / Monday, September 27, 2010 / Proposed Rules 

apply to any TRICARE beneficiary who 

is Medicare-eligible. For the purposes of 

this section, the term ‘‘Medicareeligible’’ is defined in 10 U.S.C., Section 

1111(b) and means a person entitled to 

benefits under Medicare Part A. 

Section 711 also states that the 

Secretary of Defense may prescribe 

regulations to refund co-payments paid 

by Medicare-eligible beneficiaries 

during fiscal year 2009 when the 

following conditions are met: (1) When 

appropriations specifically for such 

refunds are appropriated; and (2) the 

amount of the refund is the difference 

between the amount of co-payments the 

beneficiary paid during fiscal year 2009 

and the amount the beneficiary would 

have paid if the co-payments for 

preventive services had been waived 

during that year. However, no funds 

have been appropriated specifically for 

this purpose; as a result, subsection (c), 

Refund of Co-Payments, of Section 711 

will not be implemented. 

V. Clarification of Preventive Service 

Benefit for Purposes of Elimination of 

Co-Payments 

Although beneficiaries enrolled in 

TRICARE Prime receive preventive 

services with no co-payment 

requirement, prior to enactment of 

Section 711 of the Duncan Hunter 

NDAA FY09 (Pub. L.110–417), 

TRICARE Standard beneficiaries, 

including TRICARE Standard 

beneficiaries who elected to utilize the 

TRICARE Extra plan, were required to 

pay the appropriate cost-share for 

preventive care. 

It is important to note the proposed 

rule does not expand the preventive 

care benefit for TRICARE Standard 

beneficiaries, but rather eliminates the 

co-payment requirements for those 

specific preventive services otherwise 

authorized in title 10, Chapter 55, 

United States Code. Therefore, although 

the language in Section 711 defines 

preventive services for which a cost 

share is not applicable as including an 

‘‘annual physical exam,’’ routine annual 

examinations are not authorized 

preventive services under TRICARE 

Standard. By law, however, physical 

examinations conducted as part of 

health promotion and disease 

prevention visits are covered when 

provided in connection with otherwise 

authorized immunizations and wellchild visits or cancer screenings, 

resulting in elimination of cost-shares 

for these specific physical examinations 

for TRICARE Standard beneficiaries. See 

Title 10, U.S.C. Section 1079(a)(2). 

VI. Realignment of Preventive Services 

Listed in the TRICARE Regulation 

Finally, this proposed rule clarifies 

and realigns the preventive services 

currently listed in the Exclusions 

section of the TRICARE regulation to the 

Special Benefits section in the 

regulation. This realignment does not 

remove from coverage any preventive 

services currently covered under the 

program. We are performing this 

realignment because Title 32 Code of 

Federal Regulations (CFR) 199.4(g), 

‘‘Exclusions and limitations,’’ states in 

subparagraph (37) that preventive care 

is excluded, and then lists those 

services that are not excluded. We 

believe including covered preventive 

services in the Exclusions section 

creates confusion for those seeking 

information about preventive services 

under the TRICARE program. A person 

seeking information about what 

preventive services are covered would 

most likely not look for that information 

in a section labeled ‘‘Exclusions.’’ We 

intend to remedy this confusion by 

removing the list of covered preventive 

services from this section, and placing 

the list in the ‘‘Special Benefit 

Information’’ Section of 32 CFR 199.4(e). 

We also intend to realign those services 

currently in the ‘‘Exclusions’’ section 

that are not truly preventive but are 

more evaluative in nature in the 

‘‘Special Benefit Information’’ Section of 

32 CFR 199.4(e) and add a definition of 

‘‘evaluative’’ services in 32 CFR 199.2. 

VII. Summary of Regulatory Revisions 

Section 199.2 addresses definitions 

used in the program. 

Section 199.2(b) is revised to add a 

definition for evaluative services. The 

purpose of this is to make a distinction 

between an evaluative service and a 

preventive service. 

Section 199.4 provides Basic Program 

benefits. 

Section 199.4(e)(28) is added as 

special benefit information pertaining to 

covered preventive services under 

TRICARE Standard for which copayments will be eliminated. 

Section 199.4(e)(29) is added as 

special benefit information pertaining to 

evaluative services under TRICARE 

Standard for which co-payments and 

deductibles apply. 

These two sections are necessary to 

distinguish those services TRICARE has 

determined eligible for a elimination of 

co-payment from those services that are 

not truly preventive, and therefore 

continue to require a beneficiary 

copayment. 

Section 199.4(f)(12) is added to 

eliminate cost sharing for certain 

preventive services authorized by 

paragraph (e)(28) of this section. 

Section 199.4(g)(37) is revised to 

delete the list of preventive and other 

evaluative services benefits not 

excluded from coverage. Again, while 

such services are deleted from 

paragraph (g)(37), the intent is to move 

them to the special benefits section of 

the regulation to be clear that such 

services are covered by TRICARE. 

Section 199.17 contains information 

about the TRICARE program. 

Section 199.17(m)(1) and (2) are 

revised to eliminate cost sharing for 

certain preventive services provided by 

network and non-network providers, 

and by application to preventive 

services provided by non-military 

providers under external resource 

sharing agreements under 

§ 199.17(m)(4). 

VIII. Regulatory Procedures 

Executive Order 12866, ‘‘Regulatory 

Planning and Review’’ 

Section 801 of Title 5, United States 

Code, and Executive Order 12866 

require certain regulatory assessments 

and procedures for any major rule or 

significant regulatory action, defined as 

one that would result in an annual effect 

of $100 million or more on the national 

economy or which would have other 

substantial impacts. It has been certified 

that this rule is not economically 

significant, and has been reviewed by 

the Office of Management and Budget as 

required under the provisions of E. O. 

12866. 

Public Law 96–354, ‘‘Regulatory 

Flexibility Act’’ (RFA) (5 U.S.C. 601) 

Public Law 96–354, ‘‘Regulatory 

Flexibility Act’’ (RFA) (5 U.S.C. 601), 

requires that each Federal agency 

prepare a regulatory flexibility analysis 

when the agency issues a regulation 

which would have a significant impact 

on a substantial number of small 

entities. This proposed rule is not an 

economically significant regulatory 

action, and it has been certified that it 

will not have a significant impact on a 

substantial number of small entities. 

Therefore, this proposed rule is not 

subject to the requirements of the RFA. 

Public Law 96–511, ‘‘Paperwork 

Reduction Act’’ (44 U.S.C. Chapter 35) 

This rule does not contain a 

‘‘collection of information’’ requirement, 

and will not impose additional 

information collection requirements on 

the public under Public Law 96–511, 

‘‘Paperwork Reduction Act’’ (44 U.S.C. 

Chapter 35). 


emcdonald on DSK2BSOYB1PROD with PROPOSALS
Federal Register / Vol. 75, No. 186 / Monday, September 27, 2010 / Proposed Rules 59175 

Public Law 104–4, Section 202, 

‘‘Unfunded Mandates Reform Act’’ 

Section 202 of Public Law 104–4, 

‘‘Unfunded Mandates Reform Act,’’ 

requires that an analysis be performed 

to determine whether any federal 

mandate may result in the expenditure 

by State, local and tribal governments, 

in the aggregate, or by the private sector 

of $100 million in any 1 year. It has 

been certified that this proposed rule 

does not contain a Federal mandate that 

may result in the expenditure by State, 

local and tribal governments, in 

aggregate, or by the private sector, of 

$100 million or more in any one year, 

and thus this proposed rule is not 

subject to this requirement. 

Executive Order 13132, ‘‘Federalism’’ 

Executive Order 13132, ‘‘Federalism,’’ 

requires that an impact analysis be 

performed to determine whether the 

rule has federalism implications that 

would 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. It has been 

certified that this proposed rule does 

not have federalism implications, as set 

forth in Executive Order 13132. 

List of Subjects in 32 CFR Part 199 

Claims, Dental health, Health care, 

Health insurance, Individuals with 

disabilities, Military personnel. 

Accordingly, 32 CFR part 199 is 

proposed to be amended as follows: 

PART 199—[AMENDED] 

1. The authority citation for part 199 

continues to read as follows: 

Authority: 5 U.S.C. 301; 10 U.S.C. Chapter 

55. 

2. Section 199.2(b) is amended by 

adding the definition of ‘‘evaluative 

services’’ in its appropriate alphabetical 

order to read as follows: 

§ 199.2 Definitions. 

* * * * * 

(b) * * * 

Evaluative services. Diagnostic and 

other medical procedures that may not 

be related directly to a specific illness, 

injury or definitive set of symptoms, but 

are performed as health promotion or 

disease detection services. 

* * * * * 

3. Section 199.4 is amended by 

adding paragraphs (e)(28), (e)(29) and 

(f)(12), and revising (g)(37) to read as 

follows. 

§ 199.4 Basic program benefits. 

* * * * * 

(e) * * * 

(28) Preventive care. Coverage is 

provided for the following preventive 

services: 

(i) Cervical, breast, colon and prostate 

cancer screenings in accordance with 

standards issued by the Director, 

TRICARE Management Activity, based 

on guidelines from the U.S. Department 

of Health and Human Services. Such 

standards may establish a specific 

schedule, including frequency, age 

specifications, and gender of the 

beneficiary, as appropriate. 

(ii) Immunizations as recommended 

by the Centers for Disease Control and 

Prevention (CDC). 

(iii) Well-child visits for children 

under six (6) years of age as set forth in 

paragraph (c)(3)(xi) of this section. 

(iv) Health promotion and disease 

prevention visits may be provided in 

connection with immunizations and 

cancer screening examinations 

authorized by this section. 

(29) Evaluative services. Coverage is 

provided for the following evaluative 

health promotion and disease detection 

services: 

(i) Well-child care, except for wellchild visits and immunizations which 

are covered under preventive services as 

described in paragraph (e)(28) of this 

section. 

(ii) Rabies shots. 

(iii) Tetanus shot following an 

accidental injury. 

(iv) Rh immune globulin. 

(v) Genetic tests as specified in 

paragraph (e)(3)(ii) of this section. 

(vi) Physical examinations provided 

when required in the case of dependents 

of active duty military personnel who 

are traveling outside the United States 

as a result of an active duty member’s 

assignment and such travel is being 

performed under orders issued by a 

Uniformed Service. Any immunizations 

required for a dependent of an active 

duty member to travel outside of the 

United States is not considered an 

evaluative health promotion and disease 

detection service, but is covered as a 

preventive service under paragraph 

(e)(28) of this section. 

(vii) Health promotion and disease 

detection visits may be provided in 

connection with the evaluative services 

authorized by this section. 

(viii) Physical examinations for 

beneficiaries ages 5 through 11 that are 

required in connection with school 

enrollment, and that are provided on or 

after October 30, 2000. 

(f) * * * 

(12) Cost-sharing for preventive 

services. (i) Effective for dates of service 

on or after October 14, 2008, 

beneficiaries, other than Medicareeligible beneficiaries, shall not pay any 

cost-share for preventive services listed 

in paragraph (e)(28) of this section. Such 

beneficiary shall not be required to pay 

any portion of the cost of these 

preventive services even if the 

beneficiary has not satisfied the 

deductible for that year. 

(ii) This elimination of cost-sharing 

for preventive services does not apply to 

any beneficiary who is a Medicareeligible beneficiary. For purposes of this 

section, the term ‘‘Medicare-eligible’’ 

beneficiary is defined in Title 10 United 

States Code Section 1111(b) and refers 

to a person eligible for Medicare Part A. 

(iii) Requests for reimbursement of 

copayments paid by beneficiaries for 

preventive services on or after October 

14, 2008, may be made up to [DATE 

ONE YEAR FROM EFFECTIVE DATE IN 

FINAL RULE PUBLICATION] in 

accordance with procedures established 

by the Director, TRICARE Management 

Activity. 

(iv) Appropriate copayments and 

deductibles will apply for all other 

preventive services not listed in 

paragraph (e)(28) of this section and all 

evaluative services. 

(g) * * * 

(37) Preventive care. Except as 

specified in paragraphs (e)(28) and (29) 

of this section, preventive care or other 

evaluative services, such as routine, 

annual, or employment-requested 

physical examinations; routine 

screening procedures. 

* * * * * 

4. Section 199.17 is amended by 

adding paragraphs (m)(1)(ii)(D) and 

(m)(2)(iii) to read as follows: 

§ 199.17 TRICARE program. 

* * * * * 

(m) * * * 

(1) * * * 

(ii) * * * 

(D) In accordance with § 199.4(f)(12), 

TRICARE Standard beneficiaries, other 

than Medicare-eligible beneficiaries, 

shall have no cost sharing requirements 

for preventive care listed under § 199.4 

(e)(28). 

* * * * * 

(2) * * * 

(iii) In accordance with § 199.4(f)(12), 

TRICARE Standard beneficiaries, other 

than Medicare-eligible beneficiaries, 

shall have no cost sharing requirements 

for preventive care listed under § 199.4 

(e)(28). 

* * * * * 


emcdonald on DSK2BSOYB1PROD with PROPOSALS
59176 Federal Register / Vol. 75, No. 186 / Monday, September 27, 2010 / Proposed Rules 

1Available at http://www.dtic.mil/whs/directives/ 

corres/pdf/520001p.pdf. 

Dated: September 21, 2010. 

Patricia L. Toppings, 

OSD Federal Register Liaison Officer, 

Department of Defense. 

[FR Doc. 2010–24093 Filed 9–24–10; 8:45 am] 

BILLING CODE 5001–06–P 

DEPARTMENT OF DEFENSE 

Office of the Secretary 

32 CFR Part 222 

[DoD–2010–OS–0043; RIN 0790–AI62] 

DoD Mandatory Declassification 

Review (MDR) Program 

AGENCY: Department of Defense. 

ACTION: Proposed rule. 

SUMMARY: This part implements policy 

established in DoD Instruction 5200.01. 

It assigns responsibilities and provides 

procedures for members of the public to 

request a declassification review of 

information classified under the 

provisions of Executive Order 13526, or 

predecessor orders. 

DATES: Comments must be received by 

November 26, 2010. 

ADDRESSES: You may submit comments, 

identified by docket number and/or 

Regulatory Information Number (RIN) 

number and title, by any of the 

following methods: 

• Federal Rulemaking Portal: http://

www.regulations.gov. Follow the 

instructions for submitting comments. 

• Mail: Federal Docket Management 

System Office, 1160 Defense Pentagon, 

Room 3C843, Washington, DC 20301– 

1160. 

Instructions: All submissions received 

must include the agency name and 

docket number and/or RIN 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: 

Robert Storer, 703–696–2197. 

SUPPLEMENTARY INFORMATION: 

Executive Order 12866, ‘‘Regulatory 

Planning and Review’’ 

It has been certified that 32 CFR part 

222 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 section of the economy; 

productivity; competition; jobs; the 

environment; public health or safety; or 

State, local, or tribunal 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 this Executive Order 12866, 

as amended by Executive Order 13422. 

Sec. 202, Public Law 104–4, ‘‘Unfunded 

Mandates Reform Act’’ 

It has been certified that 32 CFR part 

222 does not contain a Federal mandate 

that may result in the expenditure by 

State, local and tribunal governments, in 

aggregate, or by the private sector, of 

$100 million or more in any one year. 

Public Law 96–354, ‘‘Regulatory 

Flexibility Act’’ (5 U.S.C. 601) 

It has been certified that 32 CFR part 

222 is not subject to the Regulatory 

Flexibility Act (5 U.S.C. 601) because it 

would not, if promulgated, have a 

significant economic impact on a 

substantial number of small entities. 

The rule implements the procedures for 

the effective administration of the DoD 

MDR Program. 

Public Law 96–511, ‘‘Paperwork 

Reduction Act’’ (44 U.S.C. Chapter 35) 

It has been certified that 32 CFR part 

222 does not impose reporting or 

recordkeeping requirements under the 

Paperwork Reduction Act of 1995. 

Executive Order 13132, ‘‘Federalism’’ 

It has been certified that 32 CFR part 

222 does not have federalism 

implications, as set forth in Executive 

Order 13132. This rule does not have 

substantial direct effects on: 

(1) The States; 

(2) The relationship between the 

National Government and the States; or 

(3) The distribution of power and 

responsibilities among the various 

levels of Government. 

List of Subjects in 32 CFR Part 222 

Declassification; security information. 

Accordingly, 32 CFR part 222 is 

proposed to be added to read as follows: 

PART 222—DOD MANDATORY 

DECLASSIFICATION REVIEW (MDR) 

PROGRAM 

Sec. 

222.1 Purpose. 

222.2 Applicability. 

222.3 Definitions. 

222.4 Policy. 

222.5 Responsibilities. 

222.6 MDR processing procedures. 

Appendix A to Part 222—Addressing MDR 

requests. 

Authority: 5 U.S.C. 552 

§ 222.1 Purpose. 

This part implements policy 

established in DoD Instruction 5200.01.1

It assigns responsibilities and provides 

procedures for members of the public to 

request a declassification review of 

information classified under the 

provisions of Executive Order 13526, or 

predecessor orders. 

§ 222.2 Applicability. 

This part applies to the Office of the 

Secretary of Defense, the Military 

Departments, the Office of the Chairman 

of the Joint Chiefs of Staff and the Joint 

Staff, the Combatant Commands, the 

Office of the Inspector General of the 

Department of Defense, the Defense 

Agencies, the DoD Field Activities, and 

all other organizational entities within 

the Department of Defense (hereafter 

referred to collectively as the ‘‘DoD 

Components’’). 

§ 222.3 Definitions. 

Unless otherwise noted, these terms 

and their definitions are for the purpose 

of this part. 

Foreign government information. (1) 

Information provided to the United 

States Government by a foreign 

government or governments, an 

international organization of 

governments, or any element thereof, 

with the expectation that the 

information, the source of the 

information, or both, are to be held in 

confidence; 

(2) Information produced by the 

United States pursuant to or as a result 

of a joint arrangement with a foreign 

government or governments, or an 

international organization of 

governments, or any element thereof, 

requiring that the information, the 

arrangement, or both, are to be held in 

confidence; or 

(3) Information received and treated 

as ‘‘Foreign Government Information’’ 

under the terms of a predecessor order 

to E.O. 13526. 

Formal tracking system. A system 

designed to ensure DoD Component 

accountability and compliance. For each 

MDR request, the system shall contain 

as a minimum a unique tracking 

number, requester’s name and 

organizational affiliation, information 

requested, date of receipt, and date of 

closure. 


emcdonald on DSK2BSOYB1PROD with PROPOSALS