Rule2024-09607
Privacy Act of 1974; Implementation
Primary source
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Published
May 6, 2024
Effective
July 15, 2024
Issuing agencies
Defense Department
Abstract
The Department of Defense (DoD or Department) is giving concurrent notice of a new system of records titled "All-domain Anomaly Resolution Office (AARO) Report System," AARO-0001, and this rulemaking, which exempts portions of this system of records from certain provisions of the Privacy Act of 1974, as amended, because of national security. This rule is being published as a direct final rule as the Department does not expect to receive any adverse comments. If such comments are received, this direct final rule will be withdrawn and a proposed rule for comments will be published.
Full Text
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<title>Federal Register, Volume 89 Issue 88 (Monday, May 6, 2024)</title>
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[Federal Register Volume 89, Number 88 (Monday, May 6, 2024)]
[Rules and Regulations]
[Pages 37127-37130]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-09607]
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DEPARTMENT OF DEFENSE
Office of the Secretary
32 CFR Part 310
[Docket ID: DoD-2024-OS-0047]
RIN 0790-AL77
Privacy Act of 1974; Implementation
AGENCY: Office of the Secretary of Defense, Department of Defense
(DoD).
[[Page 37128]]
ACTION: Direct final rule with request for comments.
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SUMMARY: The Department of Defense (DoD or Department) is giving
concurrent notice of a new system of records titled ``All-domain
Anomaly Resolution Office (AARO) Report System,'' AARO-0001, and this
rulemaking, which exempts portions of this system of records from
certain provisions of the Privacy Act of 1974, as amended, because of
national security. This rule is being published as a direct final rule
as the Department does not expect to receive any adverse comments. If
such comments are received, this direct final rule will be withdrawn
and a proposed rule for comments will be published.
DATES: The rule will be effective on July 15, 2024 unless comments are
received that would result in a contrary determination. If significant
adverse comments are received, the DoD will publish a timely withdrawal
of the rule in the Federal Register. Comments will be accepted on or
before July 5, 2024.
ADDRESSES: You may submit comments, identified by docket number,
Regulation Identifier Number (RIN), and title, by any of the following
methods.
* Federal Rulemaking Portal: <a href="http://www.regulations.gov">http://www.regulations.gov</a>. Follow the
instructions for submitting comments.
* Mail: Department of Defense, Office of the Assistant to the
Secretary of Defense for Privacy, Civil Liberties, and Transparency,
Regulatory Directorate, 4800 Mark Center Drive, Attn: Mailbox 24, Suite
08D09, Alexandria, VA 22350-1700.
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 <a href="https://www.regulations.gov">https://www.regulations.gov</a> as they are received without
change, including any personal identifiers or contact information.
FOR FURTHER INFORMATION CONTACT: Ms. Rahwa Keleta, <a href="/cdn-cgi/l/email-protection#1a55495e345e4a59564e5e5a777b737634777376"><span class="__cf_email__" data-cfemail="fbb4a8bfd5bfabb8b7afbfbb969a9297d5969297">[email protected]</span></a>,
(703) 571-0070.
SUPPLEMENTARY INFORMATION:
I. Background
In accordance with the Privacy Act of 1974, DoD is establishing a
new system of records titled ``All-domain Anomaly Resolution Office
(AARO) Report System,'' AARO-0001. This system of records describes the
AARO's collection, use, and maintenance of correspondence and reports
submitted from current or former U.S. government employees, service
members, or contractors with direct knowledge of U.S. Government
programs or activities related to Unidentified Anomalous Phenomenon
(UAP) dating back to 1945. This system also includes correspondence and
reports submitted from members of the general public and government-
affiliated personnel on events related to UAP. The submitted
information will be used to carry out AARO's mission, including to
inform AARO's congressionally directed Historical Record Report.
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 exemption. The
Office of the Secretary is amending 32 CFR part 310 to add a new
Privacy Act exemption rule for this system of records. The DoD is
claiming an exemption for this system of records because some of its
records may contain classified national security information and
providing notice, access, amendment, and disclosure of accounting of
those records to an individual, as well as certain record-keeping
requirements, may cause damage to national security and reveal
sensitive sources and methods. 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. DoD is claiming an exemption from several provisions
of the Privacy Act, including various access, amendment, disclosure of
accounting, and certain record-keeping and notice requirements, to
prevent disclosure of any information properly classified pursuant to
executive order, as implemented by DoD Instruction 5200.01, ``DoD
Information Security Program and Protection of Sensitive Compartmented
Information (SCI)'' (available at <a href="https://www.esd.whs.mil/Portals/54/Documents/DD/issuances/dodi/520001p.PDF?ver=cF1II-jcFGP6jfNrnTr8lQ%3d%3d">https://www.esd.whs.mil/Portals/54/Documents/DD/issuances/dodi/520001p.PDF?ver=cF1II-jcFGP6jfNrnTr8lQ%3d%3d</a>); DoD Manual 5200.01, Volume 1, ``DoD
Information Security Program: Overview, Classification, and
Declassification'' (available at <a href="https://www.esd.whs.mil/Portals/54/Documents/DD/issuances/dodm/520001m_vol1.pdf?ver=2020-08-04-092500-203">https://www.esd.whs.mil/Portals/54/Documents/DD/issuances/dodm/520001m_vol1.pdf?ver=2020-08-04-092500-203</a>;
and DoD Manual 5200.01, Volume 3, ``DoD Information Security Program:
Protection of Classified Information'' (available at <a href="https://www.esd.whs.mil/Portals/54/Documents/DD/issuances/dodm/520001m_vol3.pdf?ver=MJfVD-nRd2HTyLSzDse9VQ%3d%3d">https://www.esd.whs.mil/Portals/54/Documents/DD/issuances/dodm/520001m_vol3.pdf?ver=MJfVD-nRd2HTyLSzDse9VQ%3d%3d</a>).
III. Direct Final Rulemaking
This rule is being published as a direct final rule as the
Department does not expect to receive any significant adverse comments.
If such comments are received, this direct final rule will be cancelled
and a proposed rule for comments will be published. If no such comments
are received, this direct final rule will become effective ten days
after the comment period expires.
For purposes of this rulemaking, a significant adverse comment is
one that explains (1) why the rule is inappropriate, including
challenges to the rule's underlying premise or approach; or (2) why the
rule will be ineffective or unacceptable without a change. In
determining whether a significant adverse comment necessitates
withdrawal of this direct final rule, the Department will consider
whether the comment raises an issue serious enough to warrant a
substantive response had it been submitted in a standard notice-and-
comment process. A comment recommending an addition to the rule will
not be considered significant and adverse unless the comment explains
how this direct final rule would be ineffective without the addition.
This direct final rule adds to the DoD's Privacy Act exemptions for
systems of records found in 32 CFR 310.29. 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.
A notice of a new system of records for AARO-0001 is also published
in this issue of the Federal Register.
Regulatory Analysis
Executive Order 12866, ``Regulatory Planning and Review,'' as Amended
by Executive Order 14094, ``Modernizing Regulatory Review'' and
Executive Order 13563, ``Improving Regulation and Regulatory Review''
Executive Orders 12866 (as amended by Executive Order 14094) and
13563 direct agencies to assess all costs and benefits of available
regulatory alternatives and, if regulation is
[[Page 37129]]
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 under these Executive Orders.
Congressional Review Act (5 U.S.C. 804(2))
The Congressional Review Act, 5 U.S.C. 801 et seq., generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. DoD will submit a report containing this rule and other
required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States. A
major rule may take effect no earlier than 60 calendar days after
Congress receives the rule report or the rule is published in the
Federal Register, whichever is later. This direct final rule is not a
``major rule'' as defined by 5 U.S.C. 804(2).
Section 202, Public Law 104-4, ``Unfunded Mandates Reform Act''
Section 202 of the Unfunded Mandates Reform Act of 1995 (2 U.S.C.
1532) requires agencies to assess anticipated costs and benefits before
issuing any rule whose mandates may result in the expenditure by State,
local and tribal governments in the aggregate, or by the private
sector, in any one year of $100 million in 1995 dollars, updated
annually for inflation. This rule will not mandate any requirements for
State, local, or Tribal governments, nor will it affect private sector
costs.
Public Law 96-354, ``Regulatory Flexibility Act'' (5 U.S.C. 601 et
seq.)
The Assistant to the Secretary of Defense for Privacy, Civil
Liberties, and Transparency has certified that this rule 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. This rule is concerned only with the
administration of Privacy Act systems of records within the DoD.
Therefore, the Regulatory Flexibility Act, as amended, does not require
DoD to prepare a regulatory flexibility analysis.
Public Law 96-511, ``Paperwork Reduction Act'' (44 U.S.C. Chapter 501
et seq.)
The Paperwork Reduction Act (44 U.S.C. 3501 et seq.) was enacted to
minimize the paperwork burden for individuals; small businesses;
educational and nonprofit institutions; Federal contractors; State,
local and tribal governments; and other persons resulting from the
collection of information by or for the Federal government. The Act
requires agencies obtain approval from the Office of Management and
Budget before using identical questions to collect information from ten
or more persons. This rule does not impose reporting or recordkeeping
requirements on the public.
Executive Order 13132, ``Federalism''
Executive Order 13132 establishes certain requirements that an
agency must meet when it promulgates a rule that has federalism
implications, imposes substantial direct requirement costs on State and
local governments, and is not required by statute, or has federalism
implications and preempts State law. This rule will not have a
substantial effect on State and local governments.
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 rule that imposes substantial
direct compliance costs on one or more Indian Tribes, preempts tribal
law, or affects 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--PROTECTION OF PRIVACY AND ACCESS TO AND AMENDMENT OF
INDIVIDUAL RECORDS UNDER THE PRIVACY ACT OF 1974
0
1. The authority citation for part 310 continues to read as follows:
Authority: 5 U.S.C. 552a.
0
2. Amend Sec. 310.29 by adding paragraph (c)(29) to read as follows:
Sec. 310.29 Office of the Secretary of Defense (OSD) exemptions.
* * * * *
(c) * * *
(29) System identifier and name. AARO-0001, All-domain Anomaly
Resolution Office (AARO) Report System.
(i) Exemptions. This system of records is exempt from 5 U.S.C.
552a(c)(3); (d)(1), (2), (3), and (4); (e)(1); (e)(4)(G), (H), and (I);
and (f).
(ii) Authority. 5 U.S.C. 552a(k)(1).
(iii) Exemption from the particular subsections. Exemption from the
particular subsections of the Privacy Act of 1974, as amended, pursuant
to exemption (k)(1) is justified for the following reasons:
(A) Subsections (c)(3) and (d)(1) and (2). Records in this system
of records may contain information concerning individuals 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 and reveal sensitive sources and methods.
Accordingly, application of exemption (k)(1) may be necessary.
(B) Subsections (d)(3) and (4). These subsections are inapplicable
to the extent an exemption is claimed from (d)(2).
(C) Subsection (e)(1). Records within this system may be properly
classified pursuant to executive order. In the collection of
information for AARO reporting and analysis purposes, it may not always
be possible to conclusively determine the relevance and necessity of
particular information in the early stages of these types of
activities. Additionally, disclosure of classified records to an
individual may cause damage to national security and reveal sensitive
sources and methods. Accordingly, application of exemption (k)(1) may
be necessary.
(D) Subsections (e)(4)(G) and (H) and subsection (f). These
subsections are inapplicable to the extent exemption is claimed from
the access and amendment provisions of subsection (d). Because portions
of this system are exempt from the individual access and amendment
provisions of subsection (d) for the reasons noted in paragraphs
(c)(29)(iii)(A) and (B) of this section, DoD is not required to
establish requirements, rules, or procedures with respect to such
access or amendment provisions. Providing notice to individuals with
respect to the existence of records pertaining to them in the system of
records or otherwise setting up procedures pursuant to which
[[Page 37130]]
individuals may access, view, and seek to amend records pertaining to
themselves in the system would potentially undermine national security
and the confidentiality of classified information. Accordingly,
application of exemption (k)(1) may be necessary.
(E) Subsection (e)(4)(I). To the extent that this provision is
construed to require more detailed disclosure than the broad
information currently published in the system notice concerning
categories of sources of records in the system, an exemption from this
provision is necessary to protect national security and the
confidentiality of sources and methods, and other classified
information.
(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: April 29, 2024.
Aaron T. Siegel,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 2024-09607 Filed 5-3-24; 8:45 am]
BILLING CODE 6001-FR-P
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