[Code of Federal Regulations]
[Title 5, Volume 2, Parts 700 to 1199]
[Revised as of January 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 5CFR736.102]

[Page 57]
 
                    TITLE 5--ADMINISTRATIVE PERSONNEL
 
          CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT (Continued)
 
PART 736--PERSONNEL INVESTIGATIONS--Table of Contents
 
                            Subpart A--Scope
 
Sec. 736.102  Notice to investigative sources.

    (a) The agency investigator will notify the source from whom 
information is requested, whether in person or by telephone, of the 
purpose for which the information is being sought and of the uses that 
may be made of the information. The interviewing agent must notify each 
person interviewed and each custodian of records contacted that all 
information provided, including the record source's identity, may be 
disclosed upon the request of the subject of the investigation.
    (b) The interviewing agent may grant a pledge to keep confidential 
the identity of an information source upon specific request by the 
source. In addition, the agent has discretion to offer the source a 
pledge of confidentiality where the agent believes that such a pledge is 
necessary to obtain information pertinent to the investigation. A pledge 
of confidentiality may not be assumed by the source. The interviewing 
agent may not suggest to a source that the source request 
confidentiality.
    (c) Where information is requested by written inquiry, the form, 
instructions, or correspondence used by an agency will include: (1) 
Notification that all information furnished by the source, including the 
source's identity, except for custodians of law enforcement or 
educational records, may be disclosed upon the request of the subject of 
the investigation; and (2) Space for the information source to request a 
pledge that the source's identity will not be disclosed to the subject 
of the investigation; or (3) An offer to make special arrangements to 
obtain significant information which the source feels unable to furnish 
without a promise that the source's identity will be kept confidential.
    (d) A pledge of confidentiality, if granted, extends only to the 
identity of the source, and to any information furnished by the source 
that would reveal the identity of the source.