[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]



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DEPARTMENT OF DEFENSE
Office of the Secretary
32 CFR Part 311

Privacy Program

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