[Federal Register Volume 60, Number 50 (Wednesday, March 15, 1995)]
[Proposed Rules]
[Pages 13936-13937]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-6422]
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DEPARTMENT OF DEFENSE
Office of the Secretary
32 CFR Part 311
Privacy Program
AGENCY: Office of the Secretary, DOD.
ACTION: Proposed rule.
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SUMMARY: The Office of the Secretary of Defense proposes to exempt a
system of records identified as DGC 16, entitled Political Appointment
Vetting Files.
The DoD General Counsel performs suitability screening of
individuals seeking, or who have been recommended for, non-career
positions within the DoD.
EFFECTIVE DATE: Comments must be received no later than May 15, 1995,
to be considered by the agency.
ADDRESSES: Send comments to the OSD Privacy Act Officer, Washington
Headquarter Services, Correspondence and Directives Division, Records
Management Division, 1155 Defense Pentagon, Washington, DC 20301-1155.
FOR FURTHER INFORMATION CONTACT: Mr. Dan Cragg at (703) 695-0970.
SUPPLEMENTARY INFORMATION:
Executive Order 12866
The Director, Administration and Management, Office of the
Secretary of Defense has determined that this proposed Privacy Act rule
for the Department of Defense does not constitute 'significant
regulatory action'. Analysis of the rule indicates that it does not
have an annual effect on the economy of $100 million or more; does not
create a serious inconsistency or otherwise interfere with an action
taken or planned by another agency; does not materially alter the
budgetary impact of entitlements, grants, user fees, or loan programs
or the rights and obligations of recipients thereof; does not raise
novel legal or policy issues arising out of legal mandates, the
President's priorities, or the principles set forth in Executive Order
12866 (1993).
Regulatory Flexibility Act of 1980
The Director, Administration and Management, Office of the
Secretary of Defense certifies that this Privacy Act rule for the
Department of Defense does not have 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
Department of Defense.
Paperwork Reduction Act
The Director, Administration and Management, Office of the
Secretary of Defense certifies that this Privacy Act proposed rule for
the Department of Defense imposes 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.
The DoD General Counsel performs suitability screening of
individuals seeking, or who have been recommended for, non-career
positions within the DoD. Confidentialilty is needed to maintain the
Government's continued access to information from persons who otherwise
might refuse to give it. During the screening process, investigatory
material is compiled for the purpose of determining the suitability of
candidates for Schedule `C' positions, taking character, security and
other personal suitability factors into account. This exemption is
limited to disclosures that would reveal the identity of a confidential
source.
[[Page 13937]] List of Subjects in 32 CFR Part 311
Privacy.
Accordingly, 32 CFR part 311 is amended as follows:
1.The authority citation for 32 CFR part 311 continues to read as
follows:
Authority: Pub. L. 93-579, 88 Stat 1896 (5 U.S.C.552a).
2.Section 311.7, paragraph (c)(1) is added as follows:
Sec. 311.7 Procedures for exemptions.
* * * * *
c. Specific exemptions. * * *
(1) System identifier and name--DGC 16, Political Appointment
Vetting Files.
Exemption. Portions of this system of records that fall within the
provisions of 5 U.S.C. 552a(k)(5) may be exempt from the following
subsections (d)(1) through (d)(5).
Authority. 5 U.S.C. 552a(k)(5).
Reasons. From (d)(1) through (d)(5) because the agency is required
to protect the confidentiality of sources who furnished information to
the Government under an expressed promise of confidentiality or, prior
to September 27, 1975, under an implied promise that the identity of
the source would be held in confidence. This confidentiality is needed
to maintain the Government's continued access to information from
persons who otherwise might refuse to give it. This exemption is
limited to disclosures that would reveal the identity of a confidential
source.
* * * * *
Dated: March 7, 1995.
L. M. Bynum,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 95-6422 Filed 03-14-95; 8:45 am]
BILLING CODE 5000-04-F
