[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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