[Federal Register Volume 60, Number 203 (Friday, October 20, 1995)]
[Rules and Regulations]
[Pages 54197-54198]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-25998]



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DEPARTMENT OF DEFENSE

Office of the Secretary

32 CFR Part 311


Privacy Program

AGENCY: Office of the Secretary, DOD.
ACTION: Final rule.

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SUMMARY: The Office of the Secretary of Defense is exempting 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. The proposed rule was published on June 14, 1995, at 60 FR 
31267. No comments were received, therefore, the rule is being adopted 
as final.

EFFECTIVE DATE: August 15, 1995.

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 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.


[[Page 54198]]

Paperwork Reduction Act
    The Director, Administration and Management, Office of the 
Secretary of Defense certifies that this Privacy Act 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. 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: October 13, 1995.

L. M. Bynum,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 95-25998 Filed 10-19-95; 8:45 am]
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