[Federal Register Volume 60, Number 114 (Wednesday, June 14, 1995)]
[Proposed Rules]
[Pages 31266-31267]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-14582]



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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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DEPARTMENT OF DEFENSE
SUMMARY: The Office of the Secretary of Defense proposes to exempt a 
system of records identified as DWHS 29, entitled Personnel Security 
Adjudications File, from certain provisions of 5 U.S.C. 552a. 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.

 DATE(S): Comments must be received no later than August 14, 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 

[[Page 31267]]
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.

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.In Section 311.7, add a new paragraph (c)(8) as follows:


Sec.  311.7 Procedures for exemptions.

* * * * *
    (c) Specific exemptions. * * *

    (8) System identifier and name-DWHS P29, Personnel Security 
Adjudications File.

    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. 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: June 1, 1995.
L. M. Bynum,
Alternate OSD Federal Register Liaison Officer, Department of Defense
[FR Doc. 95-14582 Filed 6-13-95; 8:45 am]
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