[Federal Register Volume 65, Number 234 (Tuesday, December 5, 2000)]
[Proposed Rules]
[Page 75897]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-30472]


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DEPARTMENT OF DEFENSE

Office of the Secretary

32 CFR Part 311

[OSD Administrative Instruction 81]


Privacy Act; Implementation

AGENCY: Office of the Secretary.

ACTION: Proposed rule.

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SUMMARY: The Office of the Secretary is proposing to add an exemption 
rule for a Privacy Act system of records. The exemption is intended to 
increase the value of the system of records and to protect the privacy 
of individuals identified in the system of records.

DATES: Comments must be received on or before February 5, 2001 to be 
considered by this 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. David Bosworth at (703) 601-4725.

SUPPLEMENTARY INFORMATION:

Executive Order 12866

    It has been 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

    It has been determined 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

    It has been determined 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.

    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 311.8 is amended by adding paragraph (c)(7) to read as 
follows:


Sec. 311.8 Procedures  for exemptions.

* * * * *
    (c) * * *
    (7) System identifier and name: DGC 20, DoD Presidential Appointee 
Vetting File.
    (i) Exemption: 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. Portions of this system of records 
that may be exempt pursuant to 5 U.S.C. 552a(k)(5) are subsections 
(d)(1) through (d)(5).
    (ii) Authority: 5 U.S.C. 552a(k)(5).
    (iii) Reason: 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.
* * * * *

    Dated: November 22, 2000.
L.M. Bynum,
Alternate OSD Federal Register Liaison Officer, Department of Defense .
[FR Doc. 00-30472 Filed 12-4-00; 8:45 am]
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