Rule2022-10656
Privacy Act of 1974; Implementation
Primary source
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Published
May 19, 2022
Effective
June 21, 2022
Issuing agencies
Defense Department
Abstract
The DoD is issuing a final rule to amend its regulations to exempt portions of the DoD-0003, "Mobilization Deployment Management Information System (MDMIS)," system of records from certain provisions of the Privacy Act of 1974.
Full Text
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<title>Federal Register, Volume 87 Issue 97 (Thursday, May 19, 2022)</title>
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[Federal Register Volume 87, Number 97 (Thursday, May 19, 2022)]
[Rules and Regulations]
[Pages 30416-30418]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-10656]
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DEPARTMENT OF DEFENSE
Office of the Secretary
32 CFR Part 310
[Docket ID: DoD-2020-OS-0084]
RIN 0790-AK99
Privacy Act of 1974; Implementation
AGENCY: Office of the Secretary of Defense (OSD), Department of Defense
(DoD).
ACTION: Final rule.
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SUMMARY: The DoD is issuing a final rule to amend its regulations to
exempt portions of the DoD-0003, ``Mobilization Deployment Management
Information System (MDMIS),'' system of records from certain provisions
of the Privacy Act of 1974.
DATES: This rule is effective on June 21, 2022.
FOR FURTHER INFORMATION CONTACT: Ms. Rahwa Keleta, Privacy and Civil
Liberties Division, Directorate for Privacy, Civil Liberties and
Freedom of Information, Office of the Assistant to the Secretary of
Defense for Privacy, Civil Liberties, and Transparency, Department of
Defense, 4800 Mark Center Drive, Mailbox #24, Suite 08D09, Alexandria,
VA 22350-1700; <a href="/cdn-cgi/l/email-protection#e1aeb2a5cfb1a2ada7a5a18c80888dcf8c888d"><span class="__cf_email__" data-cfemail="044b57402a54474842404469656d682a696d68">[email protected]</span></a>; (703) 571-0070.
SUPPLEMENTARY INFORMATION:
Discussion of Comments and Changes
In the notice of proposed rulemaking (NPRM), the proposed rule was
to be published at 32 CFR 310.13(e)(3). DoD is now publishing this rule
at 32 CFR 310.13(e)(9). The proposed rule published in the Federal
Register on December 16, 2020 (85 FR 81438-81439). Comments were
accepted for 60 days until February 16, 2021. One comment was received.
Please see the summarized comment and the Department's response as
follows:
DoD received one substantive comment on the NPRM. The commenter
voiced concern regarding the classification process within the DoD.
Although this comment does not directly pertain to the Privacy Act and
the exemption claimed for this SORN, to promote public understanding in
this area, a description of the DoD classification process is provided
in this preamble.
Executive Order 13526 prescribes the framework for the Federal
government (to include DoD) to classify national security information.
Only DoD personnel who are delegated original classification authority
in writing are authorized to review the DoD's information and make the
initial decision that an item of information could reasonably be
expected to cause identifiable or describable damage to the national
security if it were disclosed to the public. Several oversight and
compliance safeguarding mechanisms exist to ensure the process to
classify information is appropriate.
These existing safeguarding mechanisms include the following:
Personnel authorized to make original classification determinations are
required to receive training in proper classification, including the
avoidance of over-classification, and declassification at least once a
calendar year. Additionally, information may only be classified if it
pertains to specific categories or subjects, including military plans,
weapons systems, or operations and intelligence activities.
Furthermore, agency heads must (on a periodic basis) complete a
comprehensive review of the agency's classification guidance, to
include reviewing information that is classified within the agency;
provide the results of such review to appropriate officials outside the
agency at the National Archives and Records Administration (NARA); and
release an unclassified version of the review to the public. Authorized
holders of classified information are also encouraged and expected to
``challenge'' classification determinations if they believe the
classification status is improper, and any individual or entity can
request any Federal agency to review classified information for
declassification, regardless of its age or origin, in accordance with
the Mandatory Declassification Review (MDR) process. Additional
information about the MDR process can be found on the NARA's MDR
program page at <a href="https://www.archives.gov/isoo/training/mdr">https://www.archives.gov/isoo/training/mdr</a>. In the
interest of protecting information critical to the Nation's defense, it
is appropriate for the DoD to properly classify and exempt such
information from public release under the Privacy Act so as to protect
U.S. national security.
Having considered the public comment, the DoD will implement the
rulemaking without any changes resulting from the comment. However, DoD
will make one corrective edit to 32 CFR 310.13(e)(9)(iii)(A). In the
prior NPRM, records in that paragraph were referenced as ``common
enterprise records,'' a term that does not appear in the DoD-0003
system of records notice nor necessarily apply to records in the MDMIS.
The final rule removes this description and simply references ``records
in this system.''
[[Page 30417]]
Background
In finalizing this rule, DoD exempts portions of the updated and
reissued DoD-0003 MDMIS system of records from certain provisions of
the Privacy Act. DoD uses this system of records to automate financial
and business transactions, perform cost-management analysis, produce
oversight and audit reports, and provide critical data linking to
improve performance of mission objectives. This system of records
supports DoD in creating predictive analytic models based upon specific
data streams to equip decision makers with critical data necessary for
execution of fiscal and operational requirements. Some of the records
that are part of the DoD-0003 MDMIS system of records may contain
classified national security information and disclosure of those
records to an individual may cause damage to national security. The
Privacy Act, pursuant to 5 U.S.C. 552a(k)(1), authorizes agencies to
claim an exemption for systems of records that contain information
properly classified pursuant to executive order. For this reason, DoD
has exempted portions of the DoD-0003 MDMIS system of records from the
access and amendment requirements of the Privacy Act, pursuant to 5
U.S.C. 552a(k)(1), to prevent disclosure of any information properly
classified pursuant to executive order, including Executive Order
13526, as implemented by DoD Instruction 5200.01 and DoD Manual
5200.01, Volumes 1 and 3. This rule will deny an individual access
under the Privacy Act to only those portions of records for which the
claimed exemption applies. In addition, records in the DoD-0003 MDMIS
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''
Executive Orders 12866 and 13563 direct agencies to assess all
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits (including potential economic, environmental, public
health and safety effects, distribute impacts, and equity). Executive
Order 13563 emphasizes the importance of quantifying both costs and
benefits, of reducing costs, of harmonizing rules, and of promoting
flexibility. It has been determined that this rule is not a significant
regulatory action.
Congressional Review Act
This rule is not a ``major rule'' as defined by 5 U.S.C. 804(2).
Public Law 96-354, ``Regulatory Flexibility Act'' (5 U.S.C. Chapter 6)
The Assistant to the Secretary of Defense for Privacy, Civil
Liberties, and Transparency certified that this Privacy Act rule does
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 this rule does not impose additional
information collection requirements on the public under the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
Section 202, Public Law 104-4, ``Unfunded Mandates Reform Act''
It has been determined that this rule 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 it will not significantly or uniquely affect
small governments.
Executive Order 13132, ``Federalism''
It has been determined that this rule does not have federalism
implications. This 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.
Executive Order 13175, ``Consultation and Coordination With Indian
Tribal Governments''
Executive Order 13175 establishes certain requirements that an
agency must meet when it promulgates a proposed rule (and subsequent
final rule) that imposes substantial direct compliance costs on one or
more Indian tribes, preempts tribal law, or effects the distribution of
power and responsibilities between the federal government and Indian
tribes. This rule will not have a substantial effect on Indian tribal
governments.
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 reserved paragraphs (e)(7) and
(8) and adding paragraph (e)(9) to read as follows:
Sec. 310.13 Exemptions for DoD-wide systems.
* * * * *
(e) * * *
(7)-(8) [Reserved]
(9) System identifier and name. DoD-0003, ``Mobilization Deployment
Management Information System (MDMIS).''
(i) Exemptions. This system of records is exempt from subsections 5
U.S.C. 552a(c)(3), (d)(1), (d)(2), (d)(3), and (d)(4) of the Privacy
Act.
(ii) Authority. 5 U.S.C. 552a(k)(1).
(iii) Exemption from the particular subsections. Exemption from the
particular subsections is justified for the following reasons:
(A) Subsection (c)(3) (accounting of disclosures). Because records
in this system may contain information properly classified pursuant to
executive order, the disclosure accountings of such records may also
contain information properly classified pursuant to executive order,
the disclosure of which may cause damage to national security.
(B) Subsections (d)(1), (2), (3), and (4) (record subject's right
to access and amend records). Access to and amendment of records by the
record subject could disclose information properly classified pursuant
to executive order. Disclosure of classified records to an individual
may cause damage to national security.
(iv) Exempt records from other systems. In addition, in the course
of carrying out the overall purpose for this system, exempt records
from other system 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.
[[Page 30418]]
Dated: May 11, 2022.
Aaron T. Siegel,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 2022-10656 Filed 5-18-22; 8:45 am]
BILLING CODE 5001-06-P
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