Protection of Privacy and Access to and Amendment of Individual Records Under the Privacy Act of 1974; Technical Amendment, 64367-64369 [2021-25067]

Agencies

• DEPARTMENT OF DEFENSE
• Office of the Secretary

[Federal Register Volume 86, Number 220 (Thursday, November 18, 2021)]
[Rules and Regulations]
[Pages 64367-64369]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-25067]


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DEPARTMENT OF DEFENSE

Office of the Secretary

32 CFR Part 310

[Docket ID: DoD-2021-OS-0088]
RIN 0790-AL42


Protection of Privacy and Access to and Amendment of Individual 
Records Under the Privacy Act of 1974; Technical Amendment

AGENCY: Department of Defense (DoD).

ACTION: Final rule.

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SUMMARY: DoD is making a technical amendment to reinstate an appendix 
to its Privacy Program regulation that was erroneously deleted when the 
regulation was previously revised. The appendix contained a list of 
blanket routine uses that are included by reference in many DoD Privacy 
Act systems of records notices (SORNs).

DATES: This rule is effective November 18, 2021.

FOR FURTHER INFORMATION CONTACT: Ms. Lyn Kirby, [email protected]; 
(703) 571-0070.

SUPPLEMENTARY INFORMATION: This final rule amends 32 CFR part 310, 
``Protection of Privacy and Access to and Amendment of Individual 
Records under the Privacy Act of 1974,'' to reinstate DoD's blanket 
routine uses. The appendix which enumerated DoD's blanket routine uses 
was erroneously removed when 32 CFR part 310 was revised on April 11, 
2019 (84 FR 14728-14811).
    A ``routine use'' is defined in the Privacy Act as ``with respect 
to the disclosure of a record, the use of such record for a purpose 
which is compatible with the purpose for which it was collected.'' See 
5 U.S.C. 552a(a)(7). Routine uses are included in individual agency 
SORNs to allow the agency to disclose records from a particular system 
of records to individuals or entities in accordance with the terms of 
the routine use. Some agencies have established a set of routine uses 
that apply to a wide array of published agency SORNs, sometimes 
referred to as blanket routine uses. Their purpose is to provide 
consistent information sharing authority across the SORNs for common or 
non-controversial purposes. Examples of routine uses that are typically 
included in blanket routine uses are ones that allow agencies to share 
information with members of Congress inquiring on behalf of a 
constituent, with the Department of Justice when litigation arises, and 
with agency contractors for purposes outlined in the contract.
    DoD had previously published a list of 14 blanket routine uses in 
an appendix to a prior publication of the DoD Privacy Program 
regulation on April 13, 2007 (72 FR 18758). In the 2019 update, all 
appendices to the prior regulation were removed; however, the appendix 
containing the DoD blanket routine uses (appendix C) should have 
remained because numerous DoD SORNs refer to and incorporate the 
blanket routine uses to support necessary information sharing. This 
technical amendment seeks to remedy this error by restoring the blanket 
routine uses as appendix A to part 310. This will provide clear public 
notice of the existence and ongoing use of the blanket routine uses at 
DoD. A list of DoD's blanket routine uses has also continued to be 
available on the DoD Privacy Program website since the DoD Privacy 
Program regulation was published in 2019.

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).

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

[[Page 64368]]

$100 million or more and that it 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 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 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 information 
collection or record keeping requirements on the public under the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).

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''

    It has been determined that this rule does not have a substantial 
effect on Indian tribal governments. This rule does 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--PROTECTION OF PRIVACY AND ACCESS TO AND AMENDMENT 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. Appendix A is added to read as follows:

Appendix A to Part 310--DOD Blanket Routine Uses

A. Routine Use--Law Enforcement

    If a system of records maintained by a DoD Component to carry 
out its functions indicates a violation or potential violation of 
law, whether civil, criminal, or regulatory in nature, and whether 
arising by general statute or by regulation, rule, or order issued 
pursuant thereto, the relevant records in the system of records may 
be referred, as a routine use, to the agency concerned, whether 
Federal, State, local, or foreign, charged with the responsibility 
of investigating or prosecuting such violation or charged with 
enforcing or implementing the statute, rule, regulation, or order 
issued pursuant thereto.

B. Routine Use--Disclosure When Requesting Information

    A record from a system of records maintained by a Component may 
be disclosed as a routine use to a Federal, State, or local agency 
maintaining civil, criminal, or other relevant enforcement 
information or other pertinent information, such as current 
licenses, if necessary to obtain information relevant to a Component 
decision concerning the hiring or retention of an employee, the 
issuance of a security clearance, the letting of a contract, or the 
issuance of a license, grant, or other benefit.

C. Routine Use--Disclosure of Requested Information

    A record from a system of records maintained by a Component may 
be disclosed to a Federal agency, in response to its request, in 
connection with the hiring or retention of an employee, the issuance 
of a security clearance, the reporting of an investigation of an 
employee, the letting of a contract, or the issuance of a license, 
grant, or other benefit by the requesting agency, to the extent that 
the information is relevant and necessary to the requesting agency's 
decision on the matter.

D. Routine Use--Congressional Inquiries

    Disclosure from a system of records maintained by a Component 
may be made to a congressional office from the record of an 
individual in response to an inquiry from the congressional office 
made at the request of that individual.

E. Routine Use--Private Relief Legislation

    Relevant information contained in all systems of records of the 
Department of Defense published on or before August 22, 1975, may be 
disclosed to the Office of Management and Budget (OMB) in connection 
with the review of private relief legislation as set forth in OMB 
Circular A-19 at any stage of the legislative coordination and 
clearance process as set forth in that circular.

F. Routine Use--Disclosures Required by International Agreements

    A record from a system of records maintained by a Component may 
be disclosed to foreign law enforcement, security, investigatory, or 
administrative authorities to comply with requirements imposed by, 
or to claim rights conferred in, international agreements and 
arrangements, including those regulating the stationing and status 
in foreign countries of Department of Defense military and civilian 
personnel.

G. Routine Use--Disclosure to State and Local Taxing Authorities

    Any information normally contained in Internal Revenue Service 
(IRS) Form W-2 which is maintained in a record from a system of 
records maintained by a Component may be disclosed to State and 
local taxing authorities with which the Secretary of the Treasury 
has entered into agreements under 5 U.S.C., sections 5516, 5517, 
5520, and only to those State and local taxing authorities for which 
an employee or military member is or was subject to tax regardless 
of whether tax is or was withheld. This routine use is in accordance 
with Treasury Fiscal Requirements Manual Bulletin No. 76-07.

H. Routine Use--Disclosure to the Office of Personnel Management

    A record from a system of records subject to the Privacy Act and 
maintained by a Component may be disclosed to the Office of 
Personnel Management (OPM) concerning information on pay and leave, 
benefits, retirement reductions, and any other information necessary 
for the OPM to carry out its legally authorized government-wide 
personnel management functions and studies.

I. Routine Use--Disclosure to the Department of Justice for Litigation

    A record from a system of records maintained by a Component may 
be disclosed as a routine use to any component of the Department of 
Justice for the purpose of representing the Department of Defense, 
or any officer, employee or member of the Department in pending or 
potential litigation to which the record is pertinent.

J. Routine Use--Disclosure to Military Banking Facilities

    Information as to current military addresses and assignments may 
be provided to military banking facilities who provide banking 
services overseas and who are reimbursed by the Government for 
certain checking and loan losses. For personnel separated, 
discharged, or retired from the Armed Forces, information as to last 
known residential or home of record address may be provided to the 
military banking facility upon certification by a banking facility 
officer that the facility has a returned or dishonored check 
negotiated by the individual or the individual has defaulted on a 
loan and that if restitution is not made by the individual, the U.S. 
Government will be liable for the losses the facility may incur.

K. Routine Use--Disclosure of Information to the General Services 
Administration

    A record from a system of records maintained by a Component may 
be disclosed as a routine use to the General Services Administration 
(GSA) for the purpose of records management inspections conducted 
under authority of 44 U.S.C. 2904 and 2906.

L. Routine Use--Disclosure of Information to the National Archives and 
Records Administration

    A record from a system of records maintained by a Component may 
be

[[Page 64369]]

disclosed as a routine use to the National Archives and Records 
Administration (NARA) for the purpose of records management 
inspections conducted under authority of 44 U.S.C. 2904 and 2906.

M. Routine Use--Disclosure to the Merit Systems Protection Board

    A record from a system of records maintained by a Component may 
be disclosed as a routine use to the Merit Systems Protection Board, 
including the Office of the Special Counsel, for the purpose of 
litigation, including administrative proceedings, appeals, special 
studies of the civil service and other merit systems, review of OPM 
or Component rules and regulations, investigation of alleged or 
possible prohibited personnel practices, including administrative 
proceedings involving any individual subject of a DoD investigation, 
and such other functions, promulgated in 5 U.S.C. 1205 and 1206 or 
as may be authorized by law.

N. Routine Use--Counterintelligence Purposes

    A record from a system of records maintained by a Component may 
be disclosed as a routine use outside the DoD or the U.S. Government 
for the purpose of counterintelligence activities authorized by U.S. 
law or Executive order or for the purpose of enforcing laws that 
protect the national security of the United States.

    Dated: November 12, 2021.
Aaron T. Siegel,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 2021-25067 Filed 11-17-21; 8:45 am]
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