[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