[Federal Register Volume 65, Number 232 (Friday, December 1, 2000)]
[Notices]
[Pages 75246-75247]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-30473]


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DEPARTMENT OF DEFENSE

Office of the Secretary


Privacy Act of 1974; System of Records

AGENCY: Office of the Secretary, DoD.

ACTION: Notice to add a system of records.

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SUMMARY: The Office of the Secretary proposes to add a system of 
records notice to its existing inventory of record systems subject to 
the Privacy Act of 1974, (5 U.S.C. 552a), as amended.

DATES: This proposed action will be effective without further notice on 
January 2, 2001 unless comments are received which result in a contrary 
determination.

ADDRESSES: Send comments to OSD Privacy Act Coordinator, Records 
Section, Directives and Records Division, Washington Headquarter 
Services, Correspondence and Directives, 1155 Defense Pentagon, 
Washington, DC 20301-1155.

FOR FURTHER INFORMATION CONTACT: Mr. David Bosworth at (703) 601-4725.

SUPPLEMENTARY INFORMATION: The Office of the Secretary 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 November 13, 2000, to 
the House Committee on Government Reform and Oversight, the Senate 
Committee on Governmental Affairs, and the Office of Management and 
Budget (OMB) pursuant to paragraph 4c of Appendix I to OMB Circular No. 
A-130, `Federal Agency Responsibilities for Maintaining Records About 
Individuals,' dated February 8, 1996 (February 20, 1996, 61 FR 6427).

    Dated: November 22, 2000.
L.M. Bynum,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
DGC 20

System name:
    DoD Presidential Appointee Vetting File.

System location:
    Department of Defense, Office of the General Counsel, Standards of 
Conduct Office, 1600 Defense Pentagon, Washington, DC 20301-1600.

Categories of individuals covered by the system:
    Individuals who are prospective nominees to positions within DoD 
which require Senate confirmation.

Categories of records in the system:
    Files consist of White House Personal Data Statement Questionnaire, 
Senate Armed Services Committee Questionnaire, Questionnaire for 
National Security Positions (Standard Form 86), Supplement to Standard 
Form 86, Senior Appointee Pledge, internal memoranda concerning the 
potential nominee, published works including books, newspaper, magazine 
articles, speeches and treatises by the potential nominee, newspaper 
and magazine articles written about the potential nominee, financial 
information to include that contained on Financial Disclosure Reports 
(Standard Form 278), various consent and release forms

[[Page 75247]]

which include but is not limited to Acknowledgment and Consent 
Regarding Intent to Nominate or Appoint, Disclosure and Authorization 
Pertaining to Consumer Reports Pursuant to the Fair Credit Reporting 
Act, FBI consent forms for a name check and full field investigation, 
and tax check waiver, and other correspondence or documents relating to 
the selection of political appointees.

Authority for maintenance of the system:
    10 U.S.C. 140, General Counsel and E.O. 9397 (SSN).

Purpose(s):
    Files are used to facilitate the White House Presidential Appointee 
vetting process by assisting potential nominees as they complete the 
vetting documents.

Routine uses of records maintained in the system, including categories 
of users and the purposes of such uses:
    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:
    In the event that this system of records maintained by this 
component to carry out its functions indicates a violation or potential 
violation of law, whether civil, criminal or regulatory in nature, and 
whether arising by general statute or by regulation, rule or order 
issued pursuant thereto, the relevant records in the system of records 
may be referred, as a routine use, to the appropriate agency, whether 
Federal, state, local, or foreign, charged with the responsibility of 
investigating or prosecuting such violation or charged with enforcing 
or implementing the statute, rule, regulation or order issued pursuant 
thereto.
    A record from this system of records maintained by this component 
may be disclosed as a routine use to any component of the Department of 
Justice for the purpose of representing the Department of Defense, or 
any officer, employee or member of the Department in pending or 
potential litigation to which the record is pertinent.
    A record from this system of records maintained by this component 
may be disclosed as a routine use to the General Services 
Administration for the purpose of records management inspections 
conducted under authority of 44 U.S.C. 2904 and 2906.
    A record from this system of records maintained by this component 
may be disclosed as a routine use to the National Archives and Records 
Administration for the purpose of records management inspections 
conducted under authority of 44 U.S.C. 2904 and 2906.
    A record from this system of records maintained by this component 
may be disclosed as a routine use outside the DoD or the U.S. 
Government for the purpose of counterintelligence activities authorized 
by U.S. Law or Executive Order or for the purpose of enforcing laws 
which protect the national security of the United States.
    To the White House and Committees on Armed Services for vetting 
purposes.
    The DoD `Blanket Routine Uses' do not apply to this system.

Policies and practices for storing, retrieving, accessing, retaining, 
and disposing of records in the system:
Storage:
    Correspondence and forms in file folders.

Retrievability:
    Information is retrieved by individual's last name and Social 
Security Number.

Safeguards:
    Building employs security guards. Data is kept in locked cabinet 
and is accessible to authorized personnel only.

Retention and disposal:
    Destroy at the end of the Presidential Administration during which 
the individual is employed. For individuals who are not appointed to a 
DoD position, destroy one year after the file is closed, but not later 
than the end of the Presidential administration during which the 
individual is considered.

System manager(s) and address:
    Director, Standards of Conduct Office, Department of Defense, 
Office of the General Counsel, 1600 Defense Pentagon, Washington, DC 
20301-1600.

Notification procedure:
    Individual seeking to determine whether information about 
themselves is contained in this system should address written inquiries 
to Department of Defense, Office of the General Counsel, Standards of 
Conduct Office, 1600 Defense Pentagon, Washington, DC 20301-1600.
    Requests for information should contain individual's full name, any 
former names used, and Social Security Number.

Record access procedures:
    Individuals seeking access to information about themselves 
contained in this system should address written inquiries to 
Directorate for Freedom of Information and Security Review, Washington 
Headquarters Services, 1400 Defense Pentagon, Room 2C757, Washington, 
DC 20301-1400.
    Requests for information should contain individual's full name, any 
former names used, and Social Security Number.

Contesting record procedures:
    The OSD rules for accessing records, for contesting contents and 
appealing initial agency determinations are published in OSD 
Administrative Instruction 81); 32 CFR part 311; or may be obtained 
from the system manager.

Record source categories:
    Submitted by individuals themselves. Other sources may include the 
White House, Committee on Armed Services, and other correspondence and 
public record sources.

Exemptions claimed for the system:
    Investigatory material compiled solely for the purpose of 
determining suitability, eligibility, or qualifications for federal 
civilian employment, military service, federal contracts, or access to 
classified information may be exempt pursuant to 5 U.S.C. 552a(k)(5), 
but only to the extent that such material would reveal the identity of 
a confidential source.
    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. 00-30473 Filed 11-30-00; 8:45 am]
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