[Federal Register Volume 61, Number 23 (Friday, February 2, 1996)]
[Rules and Regulations]
[Pages 3813-3814]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-2257]



=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF DEFENSE

Office of the Secretary

32 CFR Part 311


OSD Privacy Program

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

-----------------------------------------------------------------------

SUMMARY: The Office of the Joint Staff is adopting an exemption to 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.

EFFECTIVE DATE: December 5, 1995.
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'. 

[[Page 3814]]
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 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. 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. The proposed rule was previously published on 
September 27, 1995, at 60 FR 49812.

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 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: January 29, 1996.


Patricia L. Toppings,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 96-2257 Filed 2-1-96; 8:45 am]
BILLING CODE 5000-04-F