[Federal Register Volume 60, Number 179 (Friday, September 15, 1995)]
[Proposed Rules]
[Page 47905]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-22978]
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DEPARTMENT OF DEFENSE
Office of the Secretary
32 CFR Part 311
OSD Privacy Program
AGENCY: Office of the Secretary of Defense, DOD.
ACTION: Proposed rule.
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SUMMARY: In accordance with the Privacy Act of 1974, the Office of the
Joint Staff proposes to exempt the system of records JS004SECDIV,
entitled Joint Staff Security Clearance Files. The exemption is needed
to comply with prohibitions against disclosure of information provided
the government under a promise of confidentiality and to protect
privacy rights of individuals identified in the system of records.
DATES: Comments must be received no later than November 14, 1995, to be
considered by this agency.
ADDRESSES: Send comments to OSD Privacy Act Officer, Directives and
Records Division, Washington Headquarters Services, Correspondence and
Directives, 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.
Investigative and other records needed to make the judgment of
approval or denial of a security clearance may require that certain
records in the system be protected using the specific exemption (k)(5),
to insure that a source who furnished information to the Government
under an express promise of confidentiality be held in confidence, or,
prior to September 27, 1975, under an implied promise that the identity
of the source would be held in confidence will be afforded such
protection.
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. Law 93-579, 88 Stat 1896 (5 U.S.C. 552a).
2. Section 311.7 is amended by adding paragraph (c)(9) as follows:
Sec. 311.7 Procedures for exemptions.
* * * * *
(c) Specific exemptions. * * *
(9) System identifier and name--JS004SECDIV, Joint Staff Security
Clearance Files.
Exemption. Portions of this system of records are exempt pursuant
to the provisions of 5 U.S.C. 552a(k)(5) from subsections 5 U.S.C.
552a(d)(1) through (d)(5).
Authority. 5 U.S.C. 552a(k)(5).
Reasons. From subsections (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. At the time of the request for a
record, a determination will be made concerning whether a right,
privilege, or benefit is denied or specific information would reveal
the identity of a source.
* * * * *
Dated: September 8, 1995.
Linda L. Bynum,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 95-22978 Filed 9-14-95; 8:45 am]
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