83 FR 52317 - Privacy Act of 1974; Implementation

DEPARTMENT OF DEFENSE
Office of the Secretary

Federal Register Volume 83, Issue 201 (October 17, 2018)

Page Range		52317-52319
FR Document		2018-22507
In accordance with the Privacy Act of 1974, the Office of the Secretary of Defense is exempting records maintained in a new system of records, ``Personnel Vetting Records System,'' DUSDI 02-DoD, from certain requirements of the Act.
Federal Register, Volume 83 Issue 201 (Wednesday, October 17, 2018)
[Federal Register Volume 83, Number 201 (Wednesday, October 17, 2018)]
[Rules and Regulations]
[Pages 52317-52319]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-22507]



[[Page 52317]]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF DEFENSE

Office of the Secretary

32 CFR Part 310

[Docket ID: DoD-2018-OS-0075]


Privacy Act of 1974; Implementation

AGENCY: Office of the Secretary of Defense, DoD.

ACTION: Interim final rule.

-----------------------------------------------------------------------

SUMMARY: In accordance with the Privacy Act of 1974, the Office of the 
Secretary of Defense is exempting records maintained in a new system of 
records, ``Personnel Vetting Records System,'' DUSDI 02-DoD, from 
certain requirements of the Act.

DATES: This interim final rule is effective October 17, 2018. Comments 
must be received on or before November 16, 2018.

ADDRESSES: You may submit comments, identified by docket number and 
title, by any of the following methods:
    Federal Rulemaking Portal: http://www.regulations.gov. Follow the 
instructions for submitting comments.
    Mail: Department of Defense, Office of the Chief Management 
Officer, Directorate for Oversight and Compliance, 4800 Mark Center 
Drive, ATTN: Box 24, Suite 08D09, Alexandria, VA 22350-1700.
    Instructions: All submissions received must include the agency name 
and docket number for this Federal Register document. The general 
policy for comments and other submissions from members of the public is 
to make these submissions available for public viewing on the internet 
at http://www.regulations.gov as they are received without change, 
including any personal identifiers or contact information.

FOR FURTHER INFORMATION CONTACT: Cindy Allard, Chief, Defense Privacy, 
Civil Liberties, and Transparency Division, 703-571-0070.

SUPPLEMENTARY INFORMATION: 

Background

    This Privacy Act system contains records that support DoD in 
conducting end-to-end personnel security, suitability, fitness, and 
credentialing processes, including submission of applications and 
questionnaires, investigations, adjudications, and continuous vetting 
activities. DoD developed the information technology capabilities that 
contribute to the Personnel Vetting Records System to support 
background investigation processes pursuant to Executive Order 13467, 
as amended, and Section 925 of the National Defense Authorization Act 
(NDAA) for FY2018.
    The Personnel Vetting Records System integrates information 
technology capabilities to execute the conduct of background 
investigations actions including: Investigations and determinations of 
eligibility for access to classified national security information, 
suitability for federal employment, fitness of contractor personnel to 
perform work for or on behalf of the U.S. Government, and HSPD-12 
determinations for Personal Identity Verification (PIV) to gain logical 
or physical access to government facilities and systems. The Personnel 
Vetting Records System also supports submission of adverse personnel 
information, verification of investigation and adjudicative history and 
status, continuous evaluation, and insider threat detection, 
prevention, and mitigation activities. Records in the information 
systems covered by this system notice may also be used as a management 
tool for statistical analyses; tracking, reporting, and evaluating 
program effectiveness; and conducting research related to personnel 
vetting.
    Pursuant to subsections (k)(1)-(3) and (5)-(7) of the Privacy Act, 
these specific exemptions from subsections (c)(3), (d)(1)-(4), and 
(e)(1) of the Act are necessary to allow the Department to ensure that 
the personnel vetting process functions in a way that fosters 
efficient, fair, and effective identification, investigation, and 
adjudication of information for end-to-end adjudication of the whole 
person. If a process within the personnel vetting program indicates 
adverse action is anticipated, due process is provided to the subject 
of the record prior to a final decision by the Department.

Good Cause for Adoption Without Prior Notice and Comment

    The Department is publishing this rule as an interim final rule in 
order to implement the program in a timely manner consistent with new 
mandates in the National Defense Authorization Act for Fiscal Year 
2018. In accordance with Public Law 115-91, responsibility for the 
vetting of DoD personnel will begin to transfer from the Office of 
Personnel Management (OPM) to the Department of Defense effective 
October 1, 2018. OPM's conduct of background of investigation 
necessitated exemptions for its system of records covering such 
investigations. Similarly, DoD's full, immediate use of the records 
system and associated exemptions to carry out the missions transferred 
from OPM are essential to mitigate the backlog of personnel 
investigations which is preventing tens of thousands of U.S. citizens 
from starting new employment and delaying the identification of issues 
of concern among the existing cleared population which places 
classified information and other personnel at risk. Accordingly, it is 
currently impractical, unnecessary, and contrary to the public interest 
to first publish this exemption rule for notice and comment before its 
implementation.

Regulatory Procedures

Executive Order 12866, ``Regulatory Planning and Review'' and Executive 
Order 13563, ``Improving Regulation and Regulatory Review''

    It has been determined that this rule is not a significant rule. 
This rule does 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 
these Executive orders.

Executive Order 13771, ``Reducing Regulation and Controlling Regulatory 
Costs''

    This rule is not significant under Executive Order 12866, 
``Regulatory Planning and Review.'' Therefore, the requirements of 
Executive Order 13771 do not apply.

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

    It has been certified that this rule does not have a 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 DoD. A Regulatory Flexibility Analysis is not required.

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

    It has been determined that this rule does not impose additional 
information collection requirements on the public under the Paperwork 
Reduction Act of 1995 (44 U.S.C. 3501 et seq.).

[[Page 52318]]

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

    It has been determined that this rule 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 it will not significantly or uniquely affect 
small governments.

Executive Order 13132, ``Federalism''

    It has been determined that this rule does not have federalism 
implications. This rule does 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 310

    Privacy.

    Accordingly, 32 CFR part 310 is amended as follows:

PART 310--[AMENDED]

0
1. The authority citation for 32 CFR part 310 continues to read as 
follows:

    Authority:  5 U.S.C. 552a.

0
2. Amend Sec.  310.30 by:
0
a. Revising the first sentence of paragraph (b)(1).
0
b. Redesignating paragraph (d) as paragraph (e).
0
c. Revising newly redesignated paragraph (e)(1).
0
d. Designating the undesignated paragraph following paragraph (e)(1) as 
paragraph (e)(1)(i).
0
e. Adding paragraph (e)(1)(ii).
0
f. Further redesignating newly designated paragraph (e)(2) as paragraph 
(d) and adding a heading for newly redesignated paragraph (d).
0
g. Adding a new paragraph (e)(2).
0
h. Further redesignating newly designated paragraphs (e)(3) 
introductory text and (e)(3)(i) through (xii) as paragraphs (e)(1)(iii) 
introductory text and (e)(1)(iii)(A) through (L), respectively, and 
further redesignating newly designated paragraph (e)(4) as paragraph 
(e)(1)(iv).
0
i. Adding headings for newly redesignated paragraphs (e)(1)(iii) and 
(iv).
    The revisions and additions read as follows:


Sec.  310.30  DoD-wide exemptions.

* * * * *
    (b) Promises of confidentiality. (1) Only the identity of sources 
that have been given an express promise of confidentiality may be 
protected from disclosure under this section. * * *
* * * * *
    (d) Exempt records. * * *
    (e) * * *
    (1) System identifier and name. DUSDI 01-DoD ``Department of 
Defense (DoD) Insider Threat Management and Analysis Center (DITMAC) 
and DoD Component Insider Threat Records System.''
    (i) Exemption. This system of records is exempted from subsections 
(c)(3) and (4); (d)(1), (2), (3) and (4); (e)(1), (2), (3), (4)(G)(H) 
and (I), (5) and (8); and (g) of the Privacy Act.
    (ii) Authority. 5 U.S.C. 552a(j)(2) and (k)(1), (2), (3), (5), (6), 
and (7).
    (iii) Exemption from the particular subsections. * * *
    (iv) Exempt records from other systems. * * *
    (2) System identifier and name. DUSDI 02-DoD ``Personnel Vetting 
Records System.''
    (i) Exemption. This system of records is exempted from subsections 
5 U.S.C. 552a(c)(3), (d)(1), (d)(2), (d)(3), (d)(4), and (e)(1) of the 
Privacy Act.
    (ii) Authority. 5 U.S.C. 552a(k)(1), (k)(2), (k)(3), (k)(5), 
(k)(6), and (k)(7).
    (iii) Exemption from the particular subsections. Exemption from the 
particular subsections is justified for the following reasons:
    (A) Subsections (c)(3), (d)(1), and (d)(2)-(1) Exemption (k)(1). 
Personnel investigations and vetting records may contain information 
properly classified pursuant to Executive Order. Application of 
exemption (k)(1) for such records may be necessary because access to, 
amendment of, or release of the accounting of disclosures of such 
records could disclose classified information that could be detrimental 
to national security.
    (2) Exemption (k)(2). Personnel investigations and vetting records 
may contain investigatory material compiled for law enforcement 
purposes other than material within the scope of 5 U.S.C. 552a(j)(2). 
Application of exemption (k)(2) for such records may be necessary 
because access to, amendment of, or release of the accounting of 
disclosures of such records could: Inform the record subject of an 
investigation of the existence, nature, or scope of an actual or 
potential law enforcement or counterintelligence investigation, and 
thereby seriously impede law enforcement or counterintelligence efforts 
by permitting the record subject and other persons to whom he might 
disclose the records to avoid criminal penalties, civil remedies, or 
counterintelligence measures; interfere with a civil or administrative 
action or investigation which may impede those actions or 
investigations; and result in an unwarranted invasion of the privacy of 
others. Amendment of such records could also impose a highly 
impracticable administrative burden by requiring investigations to be 
continuously reinvestigated.
    (3) Exemption (k)(3). Personnel investigations and vetting records 
may contain information pertaining to providing protective services to 
the President of the United States or other individuals pursuant to 18 
U.S.C. 3056. Application of exemption (k)(3) for such records may be 
necessary because access to, amendment of, or release of the accounting 
of disclosures of such records could compromise the safety of the 
individuals protected pursuant to 18 U.S.C. 3056 and compromise 
protective services provided to the President and other individuals. 
Amendment of such records could also impose a highly impracticable 
administrative burden by requiring investigations to be continuously 
reinvestigated.
    (4) Exemption (k)(5). Personnel investigations and vetting records 
may contain investigatory material compiled solely for determining 
suitability, eligibility, and qualifications for Federal civilian 
employment, military service, Federal contracts, or access to 
classified information. In some cases, such records may contain 
information pertaining to the identity of a source who furnished 
information to the Government under an express promise that the 
source's identity would be held in confidence (or prior to the 
effective date of the Privacy Act, under an implied promise). 
Application of exemption (k)(5) for such records may be necessary 
because access to, amendment of, or release of the accounting of 
disclosures of such records could identify these confidential sources 
who might not have otherwise come forward to assist the Government, 
could hinder the Government's ability to obtain information from future 
confidential sources, and result in an unwarranted invasion of the 
privacy of others. Amendment of such records could also impose a highly 
impracticable administrative burden by requiring investigations to be 
continuously reinvestigated.
    (5) Exemption (k)(6). Personnel investigations and vetting records 
may contain information relating to testing or examination material 
used solely to determine individual qualifications for appointment or 
promotion in the Federal service. Application of exemption (k)(6) for 
such records may be necessary because access to, amendment of, or 
release of the

[[Page 52319]]

accounting of disclosures of such records could compromise the 
objectivity and fairness of the testing or examination process. 
Amendment of such records could also impose a highly impracticable 
administrative burden by requiring investigations to be continuously 
reinvestigated.
    (6) Exemption (k)(7). Personnel investigations and vetting records 
may contain evaluation material used to determine potential for 
promotion in the armed services. In some cases, such records may 
contain information pertaining to the identity of a source who 
furnished information to the Government under an express promise that 
the source's identity would be held in confidence (or prior to the 
effective date of the Privacy Act, under an implied promise). 
Application of exemption (k)(7) for such records may be necessary 
because access to, amendment of, or release of the accounting of 
disclosures of such records could identify these confidential sources 
who might not have otherwise come forward to assist the Government, 
hinder the Government's ability to obtain information from future 
confidential sources, and result in an unwarranted invasion of the 
privacy of others. Amendment of such records could also impose a highly 
impracticable administrative burden by requiring investigations to be 
continuously reinvestigated.
    (B) Subsections (d)(3) and (4). These subsections are inapplicable 
to the extent an exemption is claimed from (d)(1) and (2). Moreover, 
applying the amendment appeal procedures toward background 
investigation and vetting records could impose a highly impracticable 
administrative burden by requiring investigations to be continuously 
reinvestigated.
    (C) Subsection (e)(1). In the collection of information for 
authorized vetting purposes, it is not always possible to conclusively 
determine the relevance and necessity of particular information in the 
early stages of the investigation or adjudication. In some instances, 
it will be only after the collected information is evaluated in light 
of other information that its relevance and necessity for effective 
investigation and adjudication can be assessed. Collection of such 
information permits more informed decision-making by the Department 
when making required suitability, eligibility, fitness, and 
credentialing determinations. Accordingly, application of exemptions 
(k)(1), (k)(2), (k)(3), (k)(5), (k)(6), and (k)(7) may be necessary.
    (iv) Exempt records from other systems. In addition, in the course 
of carrying out personnel vetting, including records checks for 
continuous vetting, exempt records from other systems of records may in 
turn become part of the records maintained in this system. To the 
extent that copies of exempt records from those other systems of 
records are maintained into this system, the DoD claims the same 
exemptions for the records from those other systems that are entered 
into this system, as claimed for the original primary system of which 
they are a part.

    Dated: October 11, 2018.
Shelly E. Finke,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 2018-22507 Filed 10-16-18; 8:45 am]
 BILLING CODE 5001-06-P
Federal Register / Vol. 83, No. 201 / Wednesday, October 17, 2018 / Rules and Regulations 52317

DEPARTMENT OF DEFENSE 13467, as amended, and Section 925 of personnel investigations which is
the National Defense Authorization Act preventing tens of thousands of U.S.
Office of the Secretary (NDAA) for FY2018. citizens from starting new employment
The Personnel Vetting Records and delaying the identification of issues
32 CFR Part 310 System integrates information of concern among the existing cleared
technology capabilities to execute the population which places classified
[Docket ID: DoD–2018–OS–0075]
conduct of background investigations information and other personnel at risk.
Privacy Act of 1974; Implementation actions including: Investigations and Accordingly, it is currently impractical,
determinations of eligibility for access unnecessary, and contrary to the public
AGENCY: Office of the Secretary of to classified national security
Defense, DoD. interest to first publish this exemption
information, suitability for federal
rule for notice and comment before its
ACTION: Interim final rule. employment, fitness of contractor
implementation.
personnel to perform work for or on
SUMMARY: In accordance with the behalf of the U.S. Government, and Regulatory Procedures
Privacy Act of 1974, the Office of the HSPD–12 determinations for Personal
Secretary of Defense is exempting Identity Verification (PIV) to gain logical Executive Order 12866, ‘‘Regulatory
records maintained in a new system of or physical access to government Planning and Review’’ and Executive
records, ‘‘Personnel Vetting Records facilities and systems. The Personnel Order 13563, ‘‘Improving Regulation
System,’’ DUSDI 02–DoD, from certain Vetting Records System also supports and Regulatory Review’’
requirements of the Act. submission of adverse personnel
DATES: This interim final rule is information, verification of investigation It has been determined that this rule
effective October 17, 2018. Comments and adjudicative history and status, is not a significant rule. This rule does
must be received on or before November continuous evaluation, and insider not (1) Have an annual effect on the
16, 2018. threat detection, prevention, and economy of $100 million or more or
mitigation activities. Records in the adversely affect in a material way the
ADDRESSES: You may submit comments,
identified by docket number and title, information systems covered by this economy; a sector of the economy;
by any of the following methods: system notice may also be used as a productivity; competition; jobs; the
Federal Rulemaking Portal: http:// management tool for statistical analyses; environment; public health or safety; or
www.regulations.gov. Follow the tracking, reporting, and evaluating State, local, or tribal governments or
instructions for submitting comments. program effectiveness; and conducting communities; (2) Create a serious
Mail: Department of Defense, Office of research related to personnel vetting. inconsistency or otherwise interfere
the Chief Management Officer, Pursuant to subsections (k)(1)–(3) and with an action taken or planned by
Directorate for Oversight and (5)–(7) of the Privacy Act, these specific another Agency; (3) Materially alter the
Compliance, 4800 Mark Center Drive, exemptions from subsections (c)(3), budgetary impact of entitlements,
ATTN: Box 24, Suite 08D09, (d)(1)–(4), and (e)(1) of the Act are grants, user fees, or loan programs, or
Alexandria, VA 22350–1700. necessary to allow the Department to the rights and obligations of recipients
Instructions: All submissions received ensure that the personnel vetting thereof; or (4) Raise novel legal or policy
must include the agency name and process functions in a way that fosters issues arising out of legal mandates, the
docket number for this Federal Register efficient, fair, and effective President’s priorities, or the principles
document. The general policy for identification, investigation, and set forth in these Executive orders.
comments and other submissions from adjudication of information for end-to-
members of the public is to make these end adjudication of the whole person. If Executive Order 13771, ‘‘Reducing
submissions available for public a process within the personnel vetting Regulation and Controlling Regulatory
viewing on the internet at http:// program indicates adverse action is Costs’’
www.regulations.gov as they are anticipated, due process is provided to
the subject of the record prior to a final This rule is not significant under
received without change, including any
decision by the Department. Executive Order 12866, ‘‘Regulatory
personal identifiers or contact
Planning and Review.’’ Therefore, the
information. Good Cause for Adoption Without Prior requirements of Executive Order 13771
FOR FURTHER INFORMATION CONTACT: Notice and Comment
do not apply.
Cindy Allard, Chief, Defense Privacy, The Department is publishing this
Civil Liberties, and Transparency rule as an interim final rule in order to Public Law 96–354, ‘‘Regulatory
Division, 703–571–0070. implement the program in a timely Flexibility Act’’ (5 U.S.C. Chapter 6)
SUPPLEMENTARY INFORMATION: manner consistent with new mandates
It has been certified that this rule does
in the National Defense Authorization
Background not have a significant economic impact
Act for Fiscal Year 2018. In accordance
on a substantial number of small entities
This Privacy Act system contains with Public Law 115–91, responsibility
because it is concerned only with the
records that support DoD in conducting for the vetting of DoD personnel will
administration of Privacy Act systems of
end-to-end personnel security, begin to transfer from the Office of
suitability, fitness, and credentialing Personnel Management (OPM) to the records within DoD. A Regulatory
processes, including submission of Department of Defense effective October Flexibility Analysis is not required.
applications and questionnaires, 1, 2018. OPM’s conduct of background Public Law 96–511, ‘‘Paperwork
investigations, adjudications, and of investigation necessitated exemptions
daltland on DSKBBV9HB2PROD with RULES

Reduction Act’’ (44 U.S.C. Chapter 35)
continuous vetting activities. DoD for its system of records covering such
developed the information technology investigations. Similarly, DoD’s full, It has been determined that this rule
capabilities that contribute to the immediate use of the records system does not impose additional information
Personnel Vetting Records System to and associated exemptions to carry out collection requirements on the public
support background investigation the missions transferred from OPM are under the Paperwork Reduction Act of
processes pursuant to Executive Order essential to mitigate the backlog of 1995 (44 U.S.C. 3501 et seq.).

VerDate Sep<11>2014 16:09 Oct 16, 2018 Jkt 247001 PO 00000 Frm 00013 Fmt 4700 Sfmt 4700 E:\FR\FM\17OCR1.SGM 17OCR1
52318 Federal Register / Vol. 83, No. 201 / Wednesday, October 17, 2018 / Rules and Regulations

Section 202, Public Law 104–4, confidentiality may be protected from with a civil or administrative action or
‘‘Unfunded Mandates Reform Act’’ disclosure under this section. * * * investigation which may impede those
* * * * * actions or investigations; and result in
It has been determined that this rule
(d) Exempt records. * * * an unwarranted invasion of the privacy
does not involve a Federal mandate that
(e) * * * of others. Amendment of such records
may result in the expenditure by State,
(1) System identifier and name. could also impose a highly
local and tribal governments, in the
DUSDI 01–DoD ‘‘Department of Defense impracticable administrative burden by
aggregate, or by the private sector, of
(DoD) Insider Threat Management and requiring investigations to be
$100 million or more and that it will not
Analysis Center (DITMAC) and DoD continuously reinvestigated.
significantly or uniquely affect small (3) Exemption (k)(3). Personnel
governments. Component Insider Threat Records
System.’’ investigations and vetting records may
Executive Order 13132, ‘‘Federalism’’ (i) Exemption. This system of records contain information pertaining to
is exempted from subsections (c)(3) and providing protective services to the
It has been determined that this rule President of the United States or other
does not have federalism implications. (4); (d)(1), (2), (3) and (4); (e)(1), (2), (3),
(4)(G)(H) and (I), (5) and (8); and (g) of individuals pursuant to 18 U.S.C. 3056.
This rule does not have substantial Application of exemption (k)(3) for such
direct effects on the States, on the the Privacy Act.
(ii) Authority. 5 U.S.C. 552a(j)(2) and records may be necessary because
relationship between the National access to, amendment of, or release of
Government and the States, or on the (k)(1), (2), (3), (5), (6), and (7).
the accounting of disclosures of such
distribution of power and (iii) Exemption from the particular
records could compromise the safety of
responsibilities among the various subsections. * * *
the individuals protected pursuant to 18
levels of government. (iv) Exempt records from other
U.S.C. 3056 and compromise protective
systems. * * *
List of Subjects in 32 CFR Part 310 services provided to the President and
(2) System identifier and name.
other individuals. Amendment of such
Privacy. DUSDI 02–DoD ‘‘Personnel Vetting
records could also impose a highly
Accordingly, 32 CFR part 310 is Records System.’’
impracticable administrative burden by
amended as follows: (i) Exemption. This system of records
requiring investigations to be
is exempted from subsections 5 U.S.C.
continuously reinvestigated.
PART 310—[AMENDED] 552a(c)(3), (d)(1), (d)(2), (d)(3), (d)(4), (4) Exemption (k)(5). Personnel
and (e)(1) of the Privacy Act. investigations and vetting records may
■ 1. The authority citation for 32 CFR (ii) Authority. 5 U.S.C. 552a(k)(1), contain investigatory material compiled
part 310 continues to read as follows: (k)(2), (k)(3), (k)(5), (k)(6), and (k)(7). solely for determining suitability,
Authority: 5 U.S.C. 552a.
(iii) Exemption from the particular eligibility, and qualifications for Federal
subsections. Exemption from the civilian employment, military service,
■ 2. Amend § 310.30 by: particular subsections is justified for the
■ a. Revising the first sentence of Federal contracts, or access to classified
following reasons: information. In some cases, such records
paragraph (b)(1). (A) Subsections (c)(3), (d)(1), and may contain information pertaining to
■ b. Redesignating paragraph (d) as (d)(2)–(1) Exemption (k)(1). Personnel the identity of a source who furnished
paragraph (e). investigations and vetting records may information to the Government under an
■ c. Revising newly redesignated contain information properly classified express promise that the source’s
paragraph (e)(1). pursuant to Executive Order. identity would be held in confidence (or
■ d. Designating the undesignated Application of exemption (k)(1) for such prior to the effective date of the Privacy
paragraph following paragraph (e)(1) as records may be necessary because Act, under an implied promise).
paragraph (e)(1)(i). access to, amendment of, or release of Application of exemption (k)(5) for such
■ e. Adding paragraph (e)(1)(ii). the accounting of disclosures of such records may be necessary because
■ f. Further redesignating newly records could disclose classified access to, amendment of, or release of
designated paragraph (e)(2) as paragraph information that could be detrimental to the accounting of disclosures of such
(d) and adding a heading for newly national security. records could identify these confidential
redesignated paragraph (d). (2) Exemption (k)(2). Personnel sources who might not have otherwise
■ g. Adding a new paragraph (e)(2). investigations and vetting records may come forward to assist the Government,
■ h. Further redesignating newly contain investigatory material compiled could hinder the Government’s ability
designated paragraphs (e)(3) for law enforcement purposes other than to obtain information from future
introductory text and (e)(3)(i) through material within the scope of 5 U.S.C. confidential sources, and result in an
(xii) as paragraphs (e)(1)(iii) 552a(j)(2). Application of exemption unwarranted invasion of the privacy of
introductory text and (e)(1)(iii)(A) (k)(2) for such records may be necessary others. Amendment of such records
through (L), respectively, and further because access to, amendment of, or could also impose a highly
redesignating newly designated release of the accounting of disclosures impracticable administrative burden by
paragraph (e)(4) as paragraph (e)(1)(iv). of such records could: Inform the record requiring investigations to be
■ i. Adding headings for newly subject of an investigation of the continuously reinvestigated.
redesignated paragraphs (e)(1)(iii) and existence, nature, or scope of an actual (5) Exemption (k)(6). Personnel
(iv). or potential law enforcement or investigations and vetting records may
The revisions and additions read as counterintelligence investigation, and contain information relating to testing or
thereby seriously impede law examination material used solely to
daltland on DSKBBV9HB2PROD with RULES

follows:
enforcement or counterintelligence determine individual qualifications for
§ 310.30 DoD-wide exemptions. efforts by permitting the record subject appointment or promotion in the
* * * * * and other persons to whom he might Federal service. Application of
(b) Promises of confidentiality. (1) disclose the records to avoid criminal exemption (k)(6) for such records may
Only the identity of sources that have penalties, civil remedies, or be necessary because access to,
been given an express promise of counterintelligence measures; interfere amendment of, or release of the

VerDate Sep<11>2014 16:09 Oct 16, 2018 Jkt 247001 PO 00000 Frm 00014 Fmt 4700 Sfmt 4700 E:\FR\FM\17OCR1.SGM 17OCR1
Document Created: 2018-10-17 01:47:45
Document Modified: 2018-10-17 01:47:45
Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Rules and Regulations
Action		Interim final rule.
Dates		This interim final rule is effective October 17, 2018. Comments must be received on or before November 16, 2018.
Contact		Cindy Allard, Chief, Defense Privacy, Civil Liberties, and Transparency Division, 703-571-0070.
FR Citation		83 FR 52317
83 FR 52317 - Privacy Act of 1974; Implementation

DEPARTMENT OF DEFENSEOffice of the Secretary

Federal Register Volume 83, Issue 201 (October 17, 2018)

DEPARTMENT OF DEFENSE
Office of the Secretary
