[Federal Register Volume 60, Number 134 (Thursday, July 13, 1995)]
[Rules and Regulations]
[Pages 36050-36051]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-17109]
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DEPARTMENT OF DEFENSE
Office of the Secretary
32 CFR Part 311
Privacy Program
AGENCY: Office of the Secretary, DOD.
ACTION: Final rule.
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DEPARTMENT OF DEFENSE
SUMMARY: The Office of the Secretary of Defense is adopting an
exemption for the system of records identified as DGC 16, entitled
Political Appointment Vetting Files. DGC 16 was previously published on
March 15, 1995, at 60 FR 14273. The DoD General Counsel performs
suitability screening of individuals seeking, or who have been
recommended for, non-career positions within the DoD.
EFFECTIVE DATE: May 20, 1995.
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.
[[Page 36051]]
The DoD General Counsel performs suitability screening of
individuals seeking, or who have been recommended for, non-career
positions within the DoD. Confidentiality 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.
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, paragraphs (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: June 20, 1995.
L. M. Bynum,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 95-17109 Filed 07-12-95; 8:45 am]
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