[Federal Register Volume 70, Number 126 (Friday, July 1, 2005)]
[Rules and Regulations]
[Pages 38009-38010]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-12999]


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DEPARTMENT OF DEFENSE

Defense Security Service

32 CFR Part 321

[DSS Regulation 01-13-R]


Privacy Act; Implementation

AGENCY: Defense Security Service, DoD.

ACTION: Final Rule/Transfer.

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SUMMARY: The Defense Security Service (DSS) is adding an exemption rule 
for the system of records V5-05, entitled `Joint Personnel Adjudication 
System (JPAS)'. The system of records is being transferred from the 
Department of the Air Force's inventory (F031 DoD A, entitled `Joint 
Personnel Adjudication System (JPAS)') to the DSS inventory of records. 
The exemption rule (32 CFR part 806b) for the Air Force system is being 
transferred and published as an exemption rule (32 CFR part 321.13) for 
the DSS system.
    The rule was published as a final rule on May 9, 2003 at 68 FR 
24881.

DATES: Effective July 1, 2005.

ADDRESSES: Defense Security Service, Chief Information Officer/Chief 
Operating Officer, 1340 Braddock Place, Alexandria, VA 22314-1651.

FOR FURTHER INFORMATION CONTACT: Mr. Leslie R. Blake at (703) 325-9450.

SUPPLEMENTARY INFORMATION:

Executive Order 12866, ``Regulatory Planning and Review''

    It has been determined that Privacy Act rules for the Department of 
Defense are not significant rules. The rules do not (1) Have an annual 
effect on the economy of $100 million or more or adversely affect in a 
material way the economy; a sector of the economy; productivity; 
competition; jobs; the environment; public health or safety; or State, 
local, or tribal governments or communities; (2) Create a serious 
inconsistency or otherwise interfere with an action taken or planned by 
another Agency; (3) Materially alter the budgetary impact of 
entitlements, grants, user fees, or loan programs, or the rights and 
obligations of recipients thereof; or (4) Raise novel legal or policy 
issues arising out of legal mandates, the President's priorities, or 
the principles set forth in this Executive order.

Public Law 96-354, ``Regulatory Flexibility Act'' (5 U.S.C. Chapter 6)

    It has been certified that Privacy Act rules for the Department of 
Defense do not have significant economic impact on a substantial number 
of small entities because they are concerned only with the 
administration of Privacy Act systems of records within the Department 
of Defense.

Public Law 96-511, ``Paperwork Reduction Act'' (44 U.S.C. Chapter 35)

    It has been certified that Privacy Act rules for the Department of 
Defense impose 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.

Section 202, Public Law 104-4, ``Unfunded Mandates Reform Act''

    It has been certified that the Privacy Act rulemaking for the 
Department of Defense does not involve a Federal mandate that may 
result in the expenditure by State, local and tribal governments, in 
the aggregate, or by the private sector, of $100 million or more and 
that such rulemaking will not significantly or uniquely affect small 
governments.

Executive Order 13132, ``Federalism''

    It has been certified that the Privacy Act rules for the Department 
of Defense do not have federalism implications. The rules do not have 
substantial direct effects on the States, on the relationship between 
the National Government and the States, or on the distribution of power 
and responsibilities among the various levels of government.

List of Subjects in 32 CFR Part 321

    Privacy.

0
Accordingly, 32 CFR part 321 is to be amended to read as follows:

PART 321--DEFENSE SECURITY SERVICE PRIVACY PROGRAM

0
1. The authority citation for 32 CFR part 321 continues to read as 
follows:

    Authority: Pub. L. 93-579, 88 Stat. 1896 (5 U.S.C. 552a).

0
2. Section 321.13 is amended by adding paragraph (h) to read as 
follows:


Sec.  321.13  Exemptions.

* * * * *
    (h) System identifier: V5-05.
    (1) System name: Joint Personnel Adjudication System (JPAS).
    (2) Exemption: (i) 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.
    (ii) Therefore, portions of this system of records may be exempt 
pursuant to 5 U.S.C. 552a(k)(5) from the following subsections of 5 
U.S.C. 552a(c)(3), (d), and (e)(1).
    (3) Authority: 5 U.S.C. 552a(k)(5).
    (4) Reasons: (i) From subsections (c)(3) and (d) when access to 
accounting disclosures and access to or amendment of records would 
cause the identity of a confidential source to be revealed. Disclosure 
of the source's identity not only will result in the Department 
breaching the promise of confidentiality made to the source but it will 
impair the Department's future ability to compile investigatory 
material for the purpose of determining suitability, eligibility, or 
qualifications for Federal civilian employment, Federal contracts, or 
access to classified information. Unless sources can be assured that a 
promise of confidentiality will be honored, they will be less likely to 
provide information considered essential to the Department in making 
the required determinations.
    (ii) From subsection (e)(1) because in the collection of 
information for investigatory purpose, it is not always possible to 
determine the relevance and necessity of particular information in the 
early stages of the investigation. It is only after the information is 
evaluated

[[Page 38010]]

in light of other information that its relevance and necessity becomes 
clear. Such information permits more informed decision-making by the 
Department when making required suitability, eligibility, and 
qualification determinations.

    Dated: June 23, 2005.
Jeannette Owings-Ballard,
OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 05-12999 Filed 6-30-05; 8:45 am]
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