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AGENCY:

Defense Logistics Agency, DoD.

ACTION:

Final rule.

SUMMARY:

The Defense Logistics Agency (DLA) is amending its Privacy Act regulations. These changes consist of DLA office code changes and DLA publication name changes. DLA is also adding language to clarify the training requirements for its employees and military members who work with the news media or the public.

EFFECTIVE DATE:

December 12, 2000.

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FOR FURTHER INFORMATION CONTACT:

Ms. Susan Salus at (703) 767-6183.

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SUPPLEMENTARY INFORMATION:

The proposed rule was published on October 13, 2000, at 65 FR 60900. No comments were received during the sixty-day public comment period. Therefore, DLA is adopting the amendments.

Executive Order 12866, “Regulatory Planning and Review”

The Director of Administration and Management, Office of the Secretary of Start Printed Page 41781Defense, hereby determines that Privacy Act rules for the Department of Defense 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 this Executive order.

Public Law 96-354, “Regulatory Flexibility Act” (5 U.S.C. Chapter 6)

The Director of Administration and Management, Office of the Secretary of Defense, hereby certifies that Privacy Act rules for the Department of Defense 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 Department of Defense.

Public Law 96-511, “Paperwork Reduction Act” (44 U.S.C. Chapter 35)

The Director of Administration and Management, Office of the Secretary of Defense, hereby certifies that Privacy Act rules for the Department of Defense impose 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.

Section 202, Public Law 104-4, “Unfunded Mandates Reform Act”

The Director of Administration and Management, Office of the Secretary of Defense, hereby certifies that the Privacy Act rulemaking for the Department of Defense 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 such rulemaking will not significantly or uniquely affect small governments.

Executive Order 13132, “Federalism”

The Director of Administration and Management, Office of the Secretary of Defense, hereby certifies that the Privacy Act rules for the Department of Defense 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.

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List of Subjects in 32 CFR Part 323

• Privacy

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Accordingly,

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PART 323—DEFENSE LOGISTICS AGENCY PRIVACY PROGRAM

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1. The authority citation for

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Authority: Pub. L. 93-579, 88 Stat. 1896 (5 U.S.C. 552a).

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2.

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Copies may be obtained from the Defense Logistics Agency, ATTN: DSS-CV, 8725 John J. Kingman Road, Suite 2533, Fort Belvoir, VA 22060-6221.

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3. Section 323.2, paragraph (e), is revised to read as follows:

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4. Section 323.4 is amended as follows:

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a. By revising paragraph (a)(1) introductory text.

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b. Adding paragraph (a)(1)(v), and

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c. Revising paragraph (a)(2) introductory text, paragraphs (a)(3) and (b)(4). The revisions and addition read as follows:

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(4) Establish training programs for all individuals with public affairs duties, and all other personnel whose duties require access to or contact with systems of records affected by the Privacy Act. Initial training will be given to new employees and military members upon assignment. Refresher training will be provided annually or more frequently if conditions warrant.

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5. Section 323.5 is amended by revising, paragraphs (b)(3)(iv), (b)(4), (b)(5), (c)(5)(ii), (c)(6) introductory text, (c)(6)(i), (f)(3), (h)(6), (i)(5)(ii), (j)(5), (k), (l)(1), (l)(2), and (l)(3), and by removing paragraph (b)(3)(v) to read as follows:

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6. Section 323.6 is revised to read as follows:

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7. Appendix A to part 323 is amended by revising paragraphs C.2., F.2., I.4 to read as follows:

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Appendix A to Part 323—Instructions for Preparations of System Notices

C. * * *

2. When multiple locations are identified by type of organization, the system location may indicate that official mailing addresses are contained in an address directory published as an appendix to DLAH 5400.1.

F. * * *

2. For administrative housekeeping records, cite the directive establishing DLA as well as the Secretary of Defense authority to issue the directive. For example, ‘Pursuant to the authority contained in the National Security Act of 1947, as amended (10 U.S.C. 133d), the Secretary of Defense has issued DoD Directive 5105.22 (32 CFR part 398), Defense Logistics Agency (DLA), the charter of the Defense Logistics Agency (DLA) as a separate agency of the Department of Defense under this control. Therein, the Director, DLA, is charged with the responsibility of maintaining all necessary and appropriate records.’

I. * * *

4. Retention and disposal. Indicate how long the record is retained. When appropriate, state the length of time the records are maintained by the activity, when they are transferred to a Federal Records Center, length of retention at the Records Center and when they are transferred to the National Archives or are destroyed. A reference to DLAI 5015.1,⁴ DLA Records Management Procedures and Records Schedules, or other issuances without further detailed information is insufficient.

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Appendix B to Part 323 [Amended]

8. Appendix B is amended by revising paragraphs C. and F.1. introductory text to read as follows:

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Appendix B to Part 323—Criteria for New and Altered Record Systems

C. Reports of new and altered systems. Submit a report of a new or altered system to DLA Support Services (DSS-CA) before collecting information and for using a new system or altering an existing system.

F. * * *

1. The OMB may authorize a Federal agency to begin operation of a system of records before the expiration of time limits described above. When seeking such a waiver, include in the letter of transmittal to DLA Support Services (CA) an explanation Start Printed Page 41783why a delay of 60 days in establishing the system of records would not be in the public interest. The transmittal must include:

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