82_FR_1195 82 FR 1192 - Department of Defense Personnel Security Program Regulation

82 FR 1192 - Department of Defense Personnel Security Program Regulation

DEPARTMENT OF DEFENSE
Office of the Secretary

Federal Register Volume 82, Issue 3 (January 5, 2017)

Page Range1192-1192
FR Document2016-31756

This final rule removes DoD's regulation concerning personnel security. The codified rule is outdated and no longer accurate or applicable as written. The rule does not impose obligations on members of the public that are not already imposed by statute. It paraphrases and summarizes relevant sources of law and does not substantively deviate from them.

Federal Register, Volume 82 Issue 3 (Thursday, January 5, 2017)
[Federal Register Volume 82, Number 3 (Thursday, January 5, 2017)]
[Rules and Regulations]
[Page 1192]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-31756]


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DEPARTMENT OF DEFENSE

Office of the Secretary

32 CFR Part 154

[Docket ID: DOD-2016-OS-0121]
RIN 0790-AJ55


Department of Defense Personnel Security Program Regulation

AGENCY: Office of the Under Secretary for Intelligence, DoD.

ACTION: Final rule.

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SUMMARY: This final rule removes DoD's regulation concerning personnel 
security. The codified rule is outdated and no longer accurate or 
applicable as written. The rule does not impose obligations on members 
of the public that are not already imposed by statute. It paraphrases 
and summarizes relevant sources of law and does not substantively 
deviate from them.

DATES: This rule is effective on January 5, 2017.

FOR FURTHER INFORMATION CONTACT: Patricia Toppings at 571-372-0485.

SUPPLEMENTARY INFORMATION: DoD internal guidance concerning personnel 
security will continue to be published in DoD Manual 5200.02. Once the 
revision of DoD Manual 5200.02 is signed, a copy will be made available 
at http://www.dtic.mil/whs/directives/corres/pub1.html.
    It has been determined that publication of this CFR part removal 
for public comment is impracticable, unnecessary, and contrary to 
public interest since it is based on removing DoD internal policies and 
procedures that are publically available on the Department's issuance 
Web site.
    The removal of this rule will be reported in future status updates 
of DoD's retrospective review plan in accordance with the requirements 
in Executive Order 13563. DoD's full plan can be accessed at: http://www.regulations.gov/#!docketDetail;D=DOD-2011-OS-0036.

List of Subjects in 32 CFR Part 154

    Classified information, Government employees, Investigations, 
Security measures.

PART 154--[REMOVED]

0
Accordingly, by the authority of 5 U.S.C. 301, 32 CFR part 154 is 
removed.

    Dated: December 27, 2016.
Aaron Siegel,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 2016-31756 Filed 1-4-17; 8:45 am]
 BILLING CODE 5001-06-P



                                                  1192               Federal Register / Vol. 82, No. 3 / Thursday, January 5, 2017 / Rules and Regulations

                                                  specified period after the end of their                 that the Applicant is of questionable                  List of Subjects in 32 CFR Part 154
                                                  Peace Corps service and will not use                    loyalty or is a questionable security risk,              Classified information, Government
                                                  former Volunteers for certain purposes                  the Peace Corps must refer the matter to               employees, Investigations, Security
                                                  or in certain positions. Information                    the Federal Bureau of Investigation for                measures.
                                                  regarding such agreements may be                        a full field investigation. The results of
                                                  obtained from the Office of the General                 that full field investigation will be                  PART 154—[REMOVED]
                                                  Counsel.                                                furnished to the Peace Corps for
                                                                                                          information and appropriate action.                    ■ Accordingly, by the authority of 5
                                                  § 305.7   Special circumstances.                                                                               U.S.C. 301, 32 CFR part 154 is removed.
                                                                                                           Dated: December 13, 2016.
                                                     (a) Couples. Two Applicants who are
                                                                                                          William Stoppel,                                         Dated: December 27, 2016.
                                                  married to one another or two
                                                  unmarried Applicants who are in a                       Acting Associate Director, Management.                 Aaron Siegel,
                                                  same-sex or opposite-sex domestic                       [FR Doc. 2016–30442 Filed 1–4–17; 8:45 am]             Alternate OSD Federal Register Liaison
                                                  partnership or other committed                          BILLING CODE 6051–01–P                                 Officer, Department of Defense.
                                                  relationship are eligible to apply for                                                                         [FR Doc. 2016–31756 Filed 1–4–17; 8:45 am]
                                                  service as a couple. In the case of an                                                                         BILLING CODE 5001–06–P
                                                  unmarried couple, each member of the                    DEPARTMENT OF DEFENSE
                                                  couple must provide a sworn statement,
                                                  in a form acceptable to the Peace Corps,                Office of the Secretary                                DEPARTMENT OF DEFENSE
                                                  attesting to their domestic partnership
                                                                                                          32 CFR Part 154                                        Office of the Secretary
                                                  status or committed relationship (as the
                                                  case may be) and their request to be                    [Docket ID: DOD–2016–OS–0121]                          32 CFR Part 286
                                                  considered for assignment as a couple.
                                                  In all cases, both members of the couple                RIN 0790–AJ55                                          [DOD–2007–OS–0086; 0790–AI24]
                                                  must apply and qualify for assignment                   Department of Defense Personnel
                                                  at the same location.                                                                                          DoD Freedom of Information Act
                                                                                                          Security Program Regulation                            (FOIA) Program
                                                     (b) Serving with dependents and other
                                                  family members. In general, dependents                  AGENCY:   Office of the Under Secretary                AGENCY:    Department of Defense.
                                                  and other family members may not                        for Intelligence, DoD.
                                                  accompany a Volunteer during service.                                                                          ACTION:   Interim final rule.
                                                                                                          ACTION: Final rule.
                                                  However, the Peace Corps may from                                                                              SUMMARY:   This part revises the
                                                  time to time make exceptions either on                  SUMMARY:    This final rule removes DoD’s
                                                                                                          regulation concerning personnel                        Department of Defense (DoD) Freedom
                                                  a case-by-case basis or for particular                                                                         of Information Act (FOIA) regulation to
                                                  categories of Volunteers to the extent                  security. The codified rule is outdated
                                                                                                          and no longer accurate or applicable as                implement the FOIA and incorporate
                                                  permitted by Federal law.                                                                                      the provisions of the OPEN Government
                                                     (c) Military service. The Peace Corps                written. The rule does not impose
                                                                                                          obligations on members of the public                   Act of 2007 and the FOIA Improvement
                                                  welcomes applications from veterans,                                                                           Act of 2016. This part promotes
                                                  reservists, and active duty military                    that are not already imposed by statute.
                                                                                                          It paraphrases and summarizes relevant                 uniformity in the Department of Defense
                                                  personnel who are interested in Peace                                                                          (DoD) FOIA Program. It takes
                                                  Corps service after completion of their                 sources of law and does not
                                                                                                          substantively deviate from them.                       precedence over all DoD Component
                                                  military service. After receiving an                                                                           issuances that supplement and
                                                  invitation for Peace Corps service,                     DATES: This rule is effective on January
                                                                                                                                                                 implement the DoD FOIA Program.
                                                  applicants with reserve obligations are                 5, 2017.
                                                                                                                                                                 DATES: Effective date: This rule is
                                                  reminded to comply with all                             FOR FURTHER INFORMATION CONTACT:
                                                                                                          Patricia Toppings at 571–372–0485.                     effective January 5, 2017. Comment
                                                  requirements to notify their reserve
                                                                                                                                                                 date: Comments must be received by
                                                  component that they will be unavailable                 SUPPLEMENTARY INFORMATION: DoD
                                                                                                                                                                 March 6, 2017.
                                                  for drills and annual training because of               internal guidance concerning personnel
                                                  their Peace Corps service. Such                         security will continue to be published                 FOR FURTHER INFORMATION CONTACT:
                                                  applicants are urged to obtain written                  in DoD Manual 5200.02. Once the                        James Hogan, 571–372–0462.
                                                  confirmation from their reserve                         revision of DoD Manual 5200.02 is                      SUPPLEMENTARY INFORMATION:
                                                  component that they have complied                       signed, a copy will be made available at               Executive Summary
                                                  with these requirements.                                http://www.dtic.mil/whs/directives/
                                                                                                          corres/pub1.html.                                        This rule revises 32 CFR part 286 to
                                                  § 305.8   Background investigation.                        It has been determined that                         implement section 552 of title 5, United
                                                    Section 22 of the Peace Corps Act                     publication of this CFR part removal for               States Code (U.S.C.) and incorporate the
                                                  requires that each Applicant be                         public comment is impracticable,                       provisions of the OPEN Government Act
                                                  investigated to ensure that enrollment of               unnecessary, and contrary to public                    of 2007 and the FOIA Improvement Act
                                                  the Applicant as a Volunteer is                         interest since it is based on removing                 of 2016. This part promotes uniformity
                                                  consistent with the national interest.                  DoD internal policies and procedures                   in the DoD FOIA Program across the
                                                  The Peace Corps therefore obtains an                    that are publically available on the                   entire Department.
                                                  appropriate background investigation                    Department’s issuance Web site.                          The FOIA, 5 U.S.C. 552, requires
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                                                  for all Applicants who are invited to                      The removal of this rule will be                    agencies to ‘‘promulgate regulations,
                                                  serve in the Peace Corps. Information                   reported in future status updates of                   pursuant to notice and receipt of public
                                                  revealed by the background                              DoD’s retrospective review plan in                     comment, specifying the schedule of
                                                  investigation may be grounds for                        accordance with the requirements in                    fees applicable to the processing of
                                                  disqualification from Peace Corps                       Executive Order 13563. DoD’s full plan                 requests [the FOIA] and establishing
                                                  service. Under the Peace Corps Act, if a                can be accessed at: http://                            procedures and guidelines for
                                                  background investigation regarding an                   www.regulations.gov/                                   determining when such fees should be
                                                  Applicant develops any data reflecting                  #!docketDetail;D=DOD-2011-OS-0036.                     waived or reduced.’’ Additionally,


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Document Created: 2018-02-01 14:51:28
Document Modified: 2018-02-01 14:51:28
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
DatesThis rule is effective on January 5, 2017.
ContactPatricia Toppings at 571-372-0485.
FR Citation82 FR 1192 
RIN Number0790-AJ55
CFR AssociatedClassified Information; Government Employees; Investigations and Security Measures

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