Privacy Act of 1974; Implementation, 81438-81439 [2020-27095]

Download as PDF 81438 Federal Register / Vol. 85, No. 242 / Wednesday, December 16, 2020 / Proposed Rules List of Subjects in 30 CFR Part 948 Intergovernmental relations, Surface mining, Underground mining. Thomas D. Shope, Regional Director, Regional Director, North Atlantic—Appalachian Region. [FR Doc. 2020–27601 Filed 12–15–20; 8:45 am] BILLING CODE 4310–05–P 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 Office of the Secretary of Defense, DoD. ACTION: Proposed rule. AGENCY: The Office of the Secretary of Defense proposes to exempt some records maintained in DoD 0003 ‘‘Mobilization Deployment Management Information System (MDMIS)’’. The proposed action is sought to protect classified information for national security purposes. In the course of carrying out collections and analysis of information, exempt records received from other Systems of Records may become part of this system. To the extent that copies of exempt records from those other systems of records are maintained in this system, the Department also claims the same exemptions for the records from those other systems that are maintained in 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. DATES: Send comments on or before February 16, 2021. ADDRESSES: You may submit comments, identified by docket number and title, by any of the following methods: Federal Rulemaking Portal: https:// www.regulations.gov. Follow the instructions for submitting comments. Mail: The DoD cannot receive written comments at this time due to the COVID–19 pandemic. Comments should be sent electronically to the docket listed above. Instructions: All submissions received must include the agency name and docket number 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 https:// khammond on DSKJM1Z7X2PROD with PROPOSALS SUMMARY: VerDate Sep<11>2014 16:37 Dec 15, 2020 Jkt 253001 www.regulations.gov as they are received without change, including any personal identifiers or contact information. FOR FURTHER INFORMATION CONTACT: Ms. Cheryl Jenkins at (703) 571–0070. SUPPLEMENTARY INFORMATION: The Office of the Secretary of Defense proposes to exempt some records maintained in DoD 0003 ‘‘Mobilization Deployment Management Information System (MDMIS)’’ from subsections 5 U.S.C. 552a(c)(3), (d)(1), (2), (3), and (4) of the Privacy Act, pursuant to 5 U.S.C. 552a(k)(1). This proposed modification to 32 CFR part 310 adds a new Privacy Act exemption rule for the Mobilization Deployment Management Information System (MDMIS), a system which accounts for the mobilization and deployment of every unit and military member in an automated and auditable information technology platform. Some information within the MDMIS may be classified pursuant to executive order. Information classified pursuant to executive order, as implemented by DoD Instruction (DoDI) 5200.01 and DoD Manual (DoDM) 5200.01, Volumes 1 and 3, may be exempt pursuant to 5 U.S.C. 552a(k)(1). Granting unfettered access to information that is properly classified pursuant to those authorities may cause damage to the national security. Controlling Regulatory Costs,’’ do not apply. Regulatory Analysis Executive Order 13132, ‘‘Federalism’’ 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 and has not been reviewed by the Office of Management and Budget under these Executive Orders. 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 13771, ‘‘Reducing Regulation and Controlling Regulatory Costs’’ This rule has been deemed not significant under Executive Order (E.O.) 12866, ‘‘Regulatory Planning and Review.’’ Therefore, the requirements of E.O. 13771, ‘‘Reducing Regulation and PO 00000 Frm 00014 Fmt 4702 Sfmt 4702 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) It has been certified that this rule does not have a 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 DoD. A Regulatory Flexibility Analysis is not required. 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. List of Subjects in 32 CFR Part 310 Privacy. Accordingly, 32 CFR part 310 is proposed to be amended as follows: PART 310—PROTECTION OF PRIVACY AND ACCESS TO AND AMENDEMENT OF INDIVIDUAL RECORDS UNDER THE PRIVACY ACT OF 1974 1. The authority citation for 32 CFR part 310 continues to read as follows: ■ Authority: 5 U.S.C. 552a. 2. Section 310.13 is amended by adding paragraph (e)(3) as follows: ■ § 310.13 Procedures for exemptions. * * * * * (e) * * * (3) System identifier and name. DoD 0003 ‘‘Mobilization Deployment E:\FR\FM\16DEP1.SGM 16DEP1 Federal Register / Vol. 85, No. 242 / Wednesday, December 16, 2020 / Proposed Rules 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) From subsection (c)(3) (accounting of disclosures) because common enterprise records may contain information properly classified pursuant to Executive Order; some disclosure accountings of such records may also contain information properly classified pursuant to executive order that if disclosed could damage national security. (B) From subsections (d)(1), (2), (3), and (4) (record subject’s right to access and amend records) because access to, amendment of, or release of the accounting of disclosures of such records could disclose information properly classified pursuant to executive order that could damage 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 systems 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: December 4, 2020. Aaron T. Siegel, Alternate OSD Federal Register Liaison Officer, Department of Defense. [FR Doc. 2020–27095 Filed 12–15–20; 8:45 am] BILLING CODE 5001–06–P khammond on DSKJM1Z7X2PROD with PROPOSALS DEPARTMENT OF HEALTH AND HUMAN SERVICES Office of Inspector General 42 CFR Part 1001 Solicitation of New Safe Harbors and Special Fraud Alerts Office of Inspector General (OIG), Department of Health and Human Services (HHS). AGENCY: VerDate Sep<11>2014 16:37 Dec 15, 2020 Jkt 253001 Notification of intent to develop regulations. ACTION: In accordance with section 205 of the Health Insurance Portability and Accountability Act of 1996 (HIPAA), this annual notification solicits proposals and recommendations for developing new, or modifying existing, safe harbor provisions under section 1128B(b) of the Social Security Act (the Act), the Federal anti-kickback statute, as well as developing new OIG Special Fraud Alerts. DATES: To ensure consideration, public comments must be delivered to the address provided below by no later than 5 p.m. on February 16, 2021. ADDRESSES: In commenting, please refer to file code OIG–128–N. Because of staff and resource limitations, we cannot accept comments by facsimile (fax) transmission. You may submit comments in one of three ways (no duplicates, please): 1. Electronically. You may submit electronic comments on specific recommendations and proposals through the Federal eRulemaking Portal at https://www.regulations.gov. 2. By regular, express, or overnight mail. You may send written comments to the following address: OIG, Regulatory Affairs, HHS, Attention: OIG–1117–N, Room 5527, Cohen Building, 330 Independence Avenue SW, Washington, DC 20201. Please allow sufficient time for mailed comments to be received before the close of the comment period. 3. By hand or courier. If you prefer, you may deliver your written comments by hand or courier before the close of the comment period to the following address: OIG, HHS, Cohen Building, Room 5527, 330 Independence Avenue SW, Washington, DC 20201. Because access to the interior of the Cohen Building is not readily available to persons without Federal Government identification, commenters are encouraged to schedule their delivery with one of our staff members at officeofcounsel@oig.hhs.gov. For information on the inspection of public comments, please see the SUPPLEMENTARY INFORMATION section. FOR FURTHER INFORMATION CONTACT: Samantha Flanzer, Office of Inspector General, (202) 619–0335. SUPPLEMENTARY INFORMATION: Submitting Comments: We welcome comments from the public on recommendations for developing new or revised safe harbors and Special Fraud Alerts. Please assist us by referencing the file code OIG–1117–N. Inspection of Public Comments: All comments received before the end of the SUMMARY: PO 00000 Frm 00015 Fmt 4702 Sfmt 4702 81439 comment period will be posted for public viewing at https:// www.regulations.gov. I. Background A. OIG Safe Harbor Provisions Section 1128B(b) of the Act, (42 U.S.C. 1320a–7b(b), the Federal antikickback statute), provides for criminal penalties for whoever knowingly and willfully offers, pays, solicits, or receives remuneration to induce or reward, among other things, the referral for, or purchase of, items or services reimbursable under any of the Federal health care programs, as defined in section 1128B(f) of the Act (42 U.S.C. 1320a–7b(f)). The offense is classified as a felony and is punishable by fines of up to $100,000 and imprisonment for up to 10 years. Violations of the Federal anti-kickback statute also may result in the imposition of civil monetary penalties under section 1128A(a)(7) of the Act (42 U.S.C. 1320a–7a(a)(7)), program exclusion under section 1128(b)(7) of the Act (42 U.S.C. 1320a– 7(b)(7)), and liability under the False Claims Act (31 U.S.C. 3729–33). Because of the broad reach of the statute, concern was expressed that some relatively innocuous business arrangements were covered by the statute and, therefore, potentially subject to criminal prosecution. In response, Congress enacted section 14 of the Medicare and Medicaid Patient and Program Protection Act of 1987, Public Law 100–93 (note to section 1128B of the Act; 42 U.S.C. 1320a–7b), which specifically requires the development and promulgation of regulations, the socalled safe harbor provisions, that would specify various payment and business practices that would not be subject to sanctions under the Federal anti-kickback statute, even though they potentially may be capable of inducing referrals of business for which payment may be made under a Federal health care program. Since July 29, 1991, there have been a series of final regulations published in the Federal Register establishing safe harbors protecting various payment and business practices.1 These safe harbor provisions have been developed ‘‘to limit the reach of the statute somewhat by permitting certain non-abusive arrangements, while encouraging beneficial and innocuous 1 See e.g., Medicare and State Health Care Programs: Fraud and Abuse; Revisions to the Safe Harbors Under the Anti-Kickback Statute and Civil Monetary Penalty Rules Regarding Beneficiary Inducements, 81 FR 88368 (Dec. 7, 2016). E:\FR\FM\16DEP1.SGM 16DEP1

Agencies

[Federal Register Volume 85, Number 242 (Wednesday, December 16, 2020)]
[Proposed Rules]
[Pages 81438-81439]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-27095]


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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, DoD.

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: The Office of the Secretary of Defense proposes to exempt some 
records maintained in DoD 0003 ``Mobilization Deployment Management 
Information System (MDMIS)''. The proposed action is sought to protect 
classified information for national security purposes. In the course of 
carrying out collections and analysis of information, exempt records 
received from other Systems of Records may become part of this system. 
To the extent that copies of exempt records from those other systems of 
records are maintained in this system, the Department also claims the 
same exemptions for the records from those other systems that are 
maintained in 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.

DATES: Send comments on or before February 16, 2021.

ADDRESSES: You may submit comments, identified by docket number and 
title, by any of the following methods:
    Federal Rulemaking Portal: https://www.regulations.gov. Follow the 
instructions for submitting comments.
    Mail: The DoD cannot receive written comments at this time due to 
the COVID-19 pandemic. Comments should be sent electronically to the 
docket listed above.
    Instructions: All submissions received must include the agency name 
and docket number 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 https://www.regulations.gov as they are received without change, 
including any personal identifiers or contact information.

FOR FURTHER INFORMATION CONTACT: Ms. Cheryl Jenkins at (703) 571-0070.

SUPPLEMENTARY INFORMATION: The Office of the Secretary of Defense 
proposes to exempt some records maintained in DoD 0003 ``Mobilization 
Deployment Management Information System (MDMIS)'' from subsections 5 
U.S.C. 552a(c)(3), (d)(1), (2), (3), and (4) of the Privacy Act, 
pursuant to 5 U.S.C. 552a(k)(1). This proposed modification to 32 CFR 
part 310 adds a new Privacy Act exemption rule for the Mobilization 
Deployment Management Information System (MDMIS), a system which 
accounts for the mobilization and deployment of every unit and military 
member in an automated and auditable information technology platform.
    Some information within the MDMIS may be classified pursuant to 
executive order. Information classified pursuant to executive order, as 
implemented by DoD Instruction (DoDI) 5200.01 and DoD Manual (DoDM) 
5200.01, Volumes 1 and 3, may be exempt pursuant to 5 U.S.C. 
552a(k)(1). Granting unfettered access to information that is properly 
classified pursuant to those authorities may cause damage to the 
national security.

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 and has not been reviewed by the Office of Management 
and Budget under these Executive Orders.

Executive Order 13771, ``Reducing Regulation and Controlling Regulatory 
Costs''

    This rule has been deemed not significant under Executive Order 
(E.O.) 12866, ``Regulatory Planning and Review.'' Therefore, the 
requirements of E.O. 13771, ``Reducing Regulation and Controlling 
Regulatory Costs,'' do not apply.

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)

    It has been certified that this rule does not have a 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 DoD. A Regulatory Flexibility Analysis is not required.

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.

List of Subjects in 32 CFR Part 310

    Privacy.

    Accordingly, 32 CFR part 310 is proposed to be amended as follows:

PART 310--PROTECTION OF PRIVACY AND ACCESS TO AND AMENDEMENT OF 
INDIVIDUAL RECORDS UNDER THE PRIVACY ACT OF 1974

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)(3) as follows:


Sec.  310.13  Procedures for exemptions.

* * * * *
    (e) * * *
    (3) System identifier and name. DoD 0003 ``Mobilization Deployment

[[Page 81439]]

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) From subsection (c)(3) (accounting of disclosures) because 
common enterprise records may contain information properly classified 
pursuant to Executive Order; some disclosure accountings of such 
records may also contain information properly classified pursuant to 
executive order that if disclosed could damage national security.
    (B) From subsections (d)(1), (2), (3), and (4) (record subject's 
right to access and amend records) because access to, amendment of, or 
release of the accounting of disclosures of such records could disclose 
information properly classified pursuant to executive order that could 
damage 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 systems 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: December 4, 2020.
Aaron T. Siegel,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 2020-27095 Filed 12-15-20; 8:45 am]
BILLING CODE 5001-06-P
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