[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]



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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.

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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.
    
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    (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]
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