Rule2021-20221
Privacy Act of 1974; Implementation
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
September 20, 2021
Effective
October 20, 2021
Issuing agencies
Defense Department
Abstract
The Department of Defense (DoD or Department) is issuing a final rule to amend its regulations to exempt portions of the DoD-0005, Defense Training Records system of records from certain provisions of the Privacy Act of 1974. Specifically, the rule exempts portions of the Defense Training Records system of records from certain provisions of the Privacy Act because of national security requirements and to preserve the objectivity and fairness of testing and examination material.
Full Text
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<title>Federal Register, Volume 86 Issue 179 (Monday, September 20, 2021)</title>
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[Federal Register Volume 86, Number 179 (Monday, September 20, 2021)]
[Rules and Regulations]
[Pages 52071-52072]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-20221]
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Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
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Federal Register / Vol. 86, No. 179 / Monday, September 20, 2021 /
Rules and Regulations
[[Page 52071]]
DEPARTMENT OF DEFENSE
Office of the Secretary
32 CFR Part 310
[Docket ID: DoD-2020-OS-0094]
RIN 0790-AL17
Privacy Act of 1974; Implementation
AGENCY: Office of the Secretary of Defense (OSD), Department of
Defense.
ACTION: Final rule.
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SUMMARY: The Department of Defense (DoD or Department) is issuing a
final rule to amend its regulations to exempt portions of the DoD-0005,
Defense Training Records system of records from certain provisions of
the Privacy Act of 1974. Specifically, the rule exempts portions of the
Defense Training Records system of records from certain provisions of
the Privacy Act because of national security requirements and to
preserve the objectivity and fairness of testing and examination
material.
DATES: This final rule is effective October 20, 2021.
FOR FURTHER INFORMATION CONTACT: Ms. Lyn Kirby, <a href="/cdn-cgi/l/email-protection#cb84988fe58f9b88879f8f8ba6aaa2a7e5a6a2a7"><span class="__cf_email__" data-cfemail="d8978b9cf69c889b948c9c98b5b9b1b4f6b5b1b4">[email protected]</span></a>,
(703) 571-0070.
SUPPLEMENTARY INFORMATION:
I. Background
On December 28, 2020 (85 FR 84316-84319), DoD published a notice of
a new system of records (SORN) establishing the DoD-0005, Defense
Training Records system of records. This system covers DoD's
collection, use, and maintenance of records about training delivered to
DoD Service members, civilian personnel, and other DoD-affiliated
individuals. The training data includes enrollment and participation
information, information pertaining to class schedules, programs, and
instructors, training trends and needs, testing and examination
materials, and assessments of training efficacy. No comments on the
Routine Uses were received during the SORN's 30-day public comment
period.
II. Privacy Act Exemption
The Privacy Act permits Federal agencies to exempt eligible records
in a system of records from certain provisions of the Act, including
the provisions providing individuals with a right to request access to
and amendment of their own records and accountings of disclosures of
such records. If an agency intends to exempt a particular system of
records, it must first go through the rulemaking process to provide
public notice and an opportunity to comment on the proposed exemption.
Because this system of records may contain classified information
or information the release of which could compromise the fairness or
objectivity of the testing or examination process, DoD proposed to
exempt this system of records from certain provisions of the Privacy
Act by a notice of proposed rulemaking (NPRM) published at 85 FR 84278-
84279 concurrently with the SORN. The NPRM proposed to modify DoD's
Privacy Act regulations at 32 CFR part 310 to exempt portions of
records maintained in DoD-0005 from the requirements of 5 U.S.C.
552a(c)(3) and (d)(1)-(4) of the Privacy Act, pursuant to 5 U.S.C.
552a(k)(1) and (k)(6) of the Privacy Act. The public comment period
ended on February 26, 2021, and DoD did not receive any comments on the
NPRM. This final rule adds to the DoD's Privacy Act exemptions for
Department-wide systems of records found in 32 CFR 310.13. Records in
this system of records are only exempt from the Privacy Act to the
extent the purposes underlying the exemption pertain to the record.
Regulatory Analysis
Executive Order 12866, ``Regulatory Planning and Review'' and Executive
Order 13563, ``Improving Regulation and Regulatory Review''
It has been previously determined that Privacy Act rules for the
DoD 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.
Congressional Review Act
Pursuant to the Congressional Review Act (5 U.S.C. 801 et seq.), it
has been determined that Privacy Act rules for the DoD are not major
rules, as defined by 5 U.S.C. 804(2).
Section 202, Public Law 104-4, ``Unfunded Mandates Reform Act''
It has been determined that the Privacy Act rules for the DoD do
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 rules will not
significantly or uniquely affect small governments.
Public Law 96-354, ``Regulatory Flexibility Act'' (5 U.S.C. Chapter 6)
The Director of Administration and Management certified that
Privacy Act rules for the DoD do not have significant economic impact
on a substantial number of small entities because they are concerned
only with the administration of Privacy Act systems of records within
the DoD.
Public Law 96-511, ``Paperwork Reduction Act'' (44 U.S.C. Chapter 35)
It has been determined that Privacy Act rules for the DoD impose no
additional reporting or recordkeeping requirements on the public under
the Paperwork Reduction Act of 1995.
Executive Order 13132, ``Federalism''
It has been determined that the Privacy Act rules for the DoD do
not have federalism implications. The rules do 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.
[[Page 52072]]
Executive Order 13175, ``Consultation and Coordination With Indian
Tribal Governments''
It has been determined that Privacy Act rules for the DoD do not
have substantial effects on Indian tribal governments. The rules do not
impose substantial direct compliance costs on one or more Indian
tribes, preempt tribal law, or effect the distribution of power and
responsibilities between the Federal Government and Indian tribes.
List of Subjects in 32 CFR Part 310
Privacy.
Accordingly, 32 CFR part 310 is amended as follows:
PART 310--[AMENDED]
0
1. The authority citation for 32 CFR part 310 continues to read as
follows:
Authority: 5 U.S.C. 552a.
0
2. Section 310.13 is amended by adding paragraph (e)(4) to read as
follows:
Sec. 310.13 Exemptions for DoD-wide systems.
* * * * *
(e) * * *
(4) System identifier and name. DoD-0005, ``Defense Training
Records.''
(i) Exemptions. This system of records is exempt from 5 U.S.C.
552a(c)(3) and (d)(1), (2), (3), and (4).
(ii) Authority. 5 U.S.C. 552a(k)(1) and (6).
(iii) Exemption from the particular subsections. Exemption from the
particular subsections is justified for the following reasons:
(A) Subsections (c)(3), (d)(1), and (d)(2)--(1) Exemption (k)(1).
Training records in this system of records may contain information
concerning DoD personnel or training materials that is properly
classified pursuant to executive order. Application of exemption (k)(1)
for such records may be necessary because access to and amendment of
the records, or release of the accounting of disclosures for such
records, could reveal classified information. Disclosure of classified
records to an individual may cause damage to national security.
(2) Exemption (k)(6). Training records in this system of records
may contain information relating to testing or examination material
used solely to determine individual qualifications for appointment or
promotion in the Federal service. Application of exemption (k)(6) for
such records may be necessary when access to and amendment of the
records, or release of the accounting of disclosure for such records,
may compromise the objectivity and fairness of the testing or
examination process. Amendment of such records could also impose a
highly impracticable administrative burden by requiring testing and
examinations to be continuously re-administered.
(B) Subsections (d)(3) and (4). These subsections are inapplicable
to the extent an exemption is claimed from subsection (d)(2). Moreover,
applying the amendment appeal procedures to training and examination
materials could impose a highly impractical administrative burden by
requiring testing and examinations to be continuously re-administered.
(iv) Exempt records from other systems. In the course of carrying
out the overall purpose for this system, exempt records from other
systems of records may in turn become part of the records maintained in
this system. To the extent that copies of exempt records from those
other systems of records are maintained in this system, the DoD claims
the same exemptions for the records from those other systems that are
entered into this system, as claimed for the prior system(s) of which
they are a part, provided the reason for the exemption remains valid
and necessary.
* * * * *
Dated: September 14, 2021.
Aaron T. Siegel,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 2021-20221 Filed 9-17-21; 8:45 am]
BILLING CODE 5001-06-P
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