[Federal Register Volume 60, Number 51 (Thursday, March 16, 1995)]
[Notices]
[Pages 14273-14274]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-6421]



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DEPARTMENT OF DEFENSE
Office of the Secretary of Defense


Privacy Act of 1974; Add a System of Records

AGENCY: Department of Defense.

ACTION: Add a system of records.

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SUMMARY: The Department of Defense is adding one system of records 
notice to its inventory of Privacy Act systems of records notices 
subject to the Privacy Act of 1974 (5 U.S.C. 552a), as amended.

DATES: The addition is effective April 17, 1995, unless comments are 
received that would result in a contrary determination.

ADDRESSES: Send comments to the OSD Privacy Act Officer, Washington 
Headquarter Services, Correspondence and Directives Division, Records 
Management Division, 1155 Defense Pentagon, Room 5C315, Washington, DC 
20301-1155.

FOR FURTHER INFORMATION CONTACT: Mr. Dan Cragg at (703) 695-0970.

SUPPLEMENTARY INFORMATION: The Office of the Secretary of Defense 
systems of records notices subject to the Privacy Act of 1974 (5 U.S.C. 
552a), as amended, have been published in the Federal Register and are 
available from the address above.

    The proposed system report, as required by 5 U.S.C. 552a(r) of the 
Privacy Act of 1974, as amended, was submitted on February 21, 1995, to 
the Committee on Government Operations of the House of Representatives, 
the Committee on Governmental Affairs of the Senate, and the Office of 
Management and Budget (ORB) pursuant to paragraph 4c of Appendix I to 
ORB Circular No. A-130, `Federal Agency Responsibilities for 
Maintaining Records About Individuals,' dated July 25, 1994 (59 FR 
37906, July 25, 1994).

    Dated: March 7, 1995.


Patricia L. Toppings,
Alternate OSD Federal Register Liaison Officer, Department of Defense.

DGC 16
    Political Appointment Vetting Files.
    Office of Legal Counsel, Department of Defense General Counsel, 
1600 Defense Pentagon, Washington, DC 20301-1600.
    Individuals who are possible appointments to political positions in 
DoD, consisting of non-career Senior Executive Service (SES) (Schedule 
`C').
    Files consist of referral letters, White House clearance letters, 
information about individual's professional licenses (if applicable), 
IRS results of inquiries, notation of National Agency Check (NAC) 
results (favorable or otherwise), internal memoranda concerning a 
candidate, Financial Disclosure Statements (Standard Form 278), results 
of inquiries about the individual, Personal Data Questionnaires and 
General Counsel Interview sheets, published works including books, 
newspaper, magazine articles and treatises by the applicant, newspaper 
and magazine articles written about the applicant, and other 
correspondence relating to the selection and appointment of political 
appointees.
    10 U.S.C 133 and E.O. 9397.
    To evaluate suitability of individuals seeking or who have been 
recommended for non-career positions within DoD. Files are used by 
authorized personnel within the Office of the Secretary of Defense to 
resolve issues involving a potential candidate's suitability for 
appointment, e.g. conflicts of interest, financial mismanagement, moral 
turpitude, etc.
    In addition to those disclosures generally permitted under 5 U.S.C. 
552a(b) of the Privacy Act, these records or information contained 
therein may specifically be disclosed outside the DoD as a routine use 
pursuant to 5 U.S.C. 552a(b)(3) as follows: [[Page 14274]] 
    To Federal, state, local, or foreign law enforcement authorities if 
the record indicates, on its face or in conjunction with other records, 
a violation of law; to the Department of Justice in pending or 
potential litigation to which the record is pertinent; to the General 
Services Administration and National Archives and Records 
Administration for records management purposes; to U. S. Government and 
foreign counterintelligence activities as authorized by federal law or 
executive order.
    The `Blanket Routine Uses' set forth at the beginning of OSD's 
compilation of systems of records notices do not apply to this system.
    Correspondence and forms in file folders.
    Information accessed by last name of individual and Social Security 
Number.
    Building employs security guards. Data is kept in locked safes and 
is accessible to authorized personnel only.
    Destroy at the end of the Presidential administration during which 
the individual is hired. For nonselectees, records of individuals who 
are not hired are destroyed one year after the file is closed, but not 
later than the end of the Presidential administration during which the 
individual is considered.
    Office of Legal Counsel, Department of Defense General Counsel, 
1600 Defense Pentagon, Washington, DC 20301-1600.
    Individuals seeking to determine whether information about 
themselves in contained in this system should address written inquiries 
to Office of Legal Counsel, Department of Defense General Counsel, 1600 
Defense Pentagon, Washington, DC 20301-1600.
    Requests for information should contain individual's full name, any 
former names used, and Social Security Number.
    Individuals seeking access to information about themselves 
contained in this system should address written inquiries to 
Directorate for Freedom of Information and Security Review, Office of 
the Assistant Secretary of Defense (Public Affairs), 1400 Defense 
Pentagon, Room 2C757, Washington, DC 20301-1400.
    The request must include the individual's full name, any former 
names used, and Social Security Number.
    The OSD's rules for accessing records, for contesting contents and 
appealing initial agency determinations are contained in OSD 
Administrative Instruction No. 81; 32 CFR part 311; or may be obtained 
from the system manager.
    Submitted by individuals themselves and compiled from interviews 
with those individuals seeking non-career positions. Additional sources 
may include The White House, Office of Personnel Management, Internal 
Revenue Service, Defense Investigative Service, and international, 
state, and local jurisdiction law enforcement components for clearance 
documents, and other correspondence and public record sources.
    Portions of this system of records may be exempt from certain 
provisions of 5 U.S.C. 552a(k)(5).
    An exemption rule for this record system has been promulgated in 
accordance with the requirements of 5 U.S.C. 553(b)(1), (2), and (3), 
(c) and (e) and published in 32 CFR part 311. For additional 
information contact the system manager.

[FR Doc. 95-6421 Filed 3-15-95; 8:45 am]
BILLING CODE 5000-04-F