[Federal Register Volume 60, Number 134 (Thursday, July 13, 1995)] [Rules and Regulations] [Pages 36050-36051] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 95-17109] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF DEFENSE Office of the Secretary 32 CFR Part 311 Privacy Program AGENCY: Office of the Secretary, DOD. ACTION: Final rule. ----------------------------------------------------------------------- DEPARTMENT OF DEFENSE SUMMARY: The Office of the Secretary of Defense is adopting an exemption for the system of records identified as DGC 16, entitled Political Appointment Vetting Files. DGC 16 was previously published on March 15, 1995, at 60 FR 14273. The DoD General Counsel performs suitability screening of individuals seeking, or who have been recommended for, non-career positions within the DoD. EFFECTIVE DATE: May 20, 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 proposed 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. Paperwork Reduction Act. The Director, Administration and Management, Office of the Secretary of Defense certifies that this Privacy Act proposed 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. [[Page 36051]] The DoD General Counsel performs suitability screening of individuals seeking, or who have been recommended for, non-career positions within the DoD. Confidentiality is needed to maintain the Government's continued access to information from persons who otherwise might refuse to give it. During the screening process, investigatory material is compiled for the purpose of determining the suitability of candidates for Schedule `C' positions, taking character, security and other personal suitability factors into account. This exemption is limited to disclosures that would reveal the identity of a confidential source. 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, paragraphs (c)(1) is added as follows: Sec. 311.7 Procedures for exemptions. * * * * * (c) Specific exemptions. * * * (1) System identifier and name--DGC 16, Political Appointment Vetting Files. 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. * * * * * Dated: June 20, 1995. L. M. Bynum, Alternate OSD Federal Register Liaison Officer, Department of Defense. [FR Doc. 95-17109 Filed 07-12-95; 8:45 am] BILLING CODE 5000-04-F