Army Privacy Program, 10335-10352 [2015-03862]

Download as PDF Federal Register / Vol. 80, No. 38 / Thursday, February 26, 2015 / Rules and Regulations (3) * * * (ii) [Reserved]. For further guidance see § 57.2T(c)(3)(ii). * * * * * ■ Par. 3. Section 57.2T is added to read as follows: § 57.2T Explanation of terms (temporary). (a) through (b)(2) [Reserved]. For further guidance, see § 57.2(a) through (b)(2). (3) Application of exclusions—(i) Test year. An entity qualifies for an exclusion described in § 57.2(b)(2)(i) through (iv) if it so qualifies in its test year. The term test year means either the entire data year or the entire fee year. (ii) Consistency rule. For purposes of paragraph (b)(3)(i) of this section, an entity must use the same test year as it used in its first fee year beginning after December 31, 2014, and in each subsequent fee year. Thus, for example, if an entity used the 2014 data year as its test year for the 2015 fee year, that entity must use the data year as its test year for each subsequent fee year. (iii) Special rule for fee year as test year. For purposes of paragraph (b)(3) of this section, any entity that uses the fee year as its test year but ultimately does not qualify for an exclusion described in § 57.2(b)(2)(i) through (iv) for that entire fee year must use the data year as its test year for each subsequent fee year. (b)(4) through (c)(3)(i) [Reserved]. For further guidance, see § 57.2(b)(4) through (c)(3)(i). (ii) A person is treated as being a member of the controlled group if it is a member of the group at the end of the day on December 31st of the data year. However, a person’s net premiums written are included in net premiums written for the controlled group only if the person would qualify as a covered entity in the fee year if the person were not a member of the controlled group. (d) through (n) [Reserved]. For further guidance, see § 52.7(d) through (n). ■ Par. 4. Section 57.10 is revised to read as follows: rmajette on DSK2VPTVN1PROD with RULES § 57.10 Effective/applicability date. (a) In general. Except as provided in paragraph (b), §§ 57.1 through 57.9 apply to any fee that is due on or after September 30, 2014. (b) [Reserved]. For further guidance, see § 57.10T(b). ■ Par. 5. Section 57.10T is added to read as follows: § 57.10T Effective/applicability date (temporary). (a) [Reserved]. For further guidance, see § 57.10(a). VerDate Sep<11>2014 14:38 Feb 25, 2015 Jkt 235001 (b) Paragraphs (b)(3) and (c)(3)(ii) of § 57.2T. Paragraphs (b)(3) and (c)(3)(ii) of § 57.2T apply on February 26, 2015. (c) Expiration date. Paragraphs (b)(3) and (c)(3)(ii) of § 57.2T expire on February 23, 2018. John Dalrymple, Deputy Commissioner for Services and Enforcement. Approved: February 19, 2015. Mark J. Mazur, Assistant Secretary of the Treasury (Tax Policy). [FR Doc. 2015–03944 Filed 2–23–15; 4:15 pm] BILLING CODE 4830–01–P DEPARTMENT OF DEFENSE Department of the Army 32 CFR Part 505 [USA–2014–0006] RIN 0702–AA65 Army Privacy Program Department of the Army, DoD. Direct final rule. 10335 that would result in a contrary determination. Comments will be accepted on or before April 27, 2015. ADDRESSES: You may submit comments, identified by docket number and/or Regulatory Information Number (RIN) and title, by any of the following methods: • Federal Rulemaking Portal: https:// www.regulations.gov. Follow the instructions for submitting comments. • Mail: Federal Docket Management System Office, 4800 Mark Center Drive, East Tower, Suite 02G09, Alexandria, VA 22350–3100. Instructions: All submissions received must include the agency name and docket number or RIN 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 https:// www.regulations.gov as they are received without change, including any personal identifiers or contact information. AGENCY: FOR FURTHER INFORMATION CONTACT: ACTION: Tracy Rogers, Chief, FOIA/PA, telephone: 703–428–6513. SUPPLEMENTARY INFORMATION: The Department of the Army is amending the Army Privacy Program Regulation. Specifically, Army is reinstating exemptions that were mistakenly deleted when the Army’s Privacy Program Regulation was last revised. These rules provide policies and procedures for the Army’s implementation of the Privacy Act of 1974, as amended. This direct final rule makes changes to the Department of the Army’s Privacy Program rules. These changes will allow the Department to exempt records from certain portions of the Privacy Act. This will improve the efficiency and effectiveness of DoD’s program by preserving the exempt status of the records when the purposes underlying the exemption are valid and necessary to protect the contents of the records. This rule is being published as a direct final rule as the Department of Defense does not expect to receive any adverse comments, and so a proposed rule is unnecessary. The revisions to these rules are part of DoD’s retrospective plan under Executive Order 13563 completed in August 2011. DoD’s full plan can be accessed at https://www.whitehouse.gov/ sites/default/files/other/2011-regulatory -action-plans/department ofdefenseregulatory reformplanaugust2011a.pdf. SUMMARY: The rule will be effective on May 7, 2015 unless comments are received DATES: PO 00000 Frm 00013 Fmt 4700 Sfmt 4700 Ms. Direct Final Rule and Significant Adverse Comments DoD has determined this rulemaking meets the criteria for a direct final rule because it involves changes dealing with DoD’s management of its Privacy Programs. DoD expects no opposition to the changes and no significant adverse comments. However, if DoD receives a significant adverse comment, the Department will withdraw this direct final rule by publishing a notice in the Federal Register. A significant adverse comment is one that explains: (1) Why the direct final rule is inappropriate, including challenges to the rule’s underlying premise or approach; or (2) why the direct final rule will be ineffective or unacceptable without a change. In determining whether a comment necessitates withdrawal of this direct final rule, DoD will consider whether it warrants a substantive response in a notice and comment process. Executive Summary I. Purpose of This Regulatory Action a. These rules provide policies and procedures for Army’s implementation of the Privacy Act of 1974, as amended. b. Authority: Privacy Act of 1974, Public Law 93–579, Stat. 1896 (5 U.S.C. 552a). E:\FR\FM\26FER1.SGM 26FER1 10336 Federal Register / Vol. 80, No. 38 / Thursday, February 26, 2015 / Rules and Regulations II. Summary of the Major Provisions of This Regulatory Action The Army is reinstating and adding exemption rules in the exemptions section. III. Costs and Benefits of This Regulatory Action Executive Order 13132, ‘‘Federalism’’ This regulatory action imposes no monetary costs to the Agency or public. The benefit to the public is the accurate reflection of the Agency’s Privacy Program to ensure that policies and procedures are known to the public. Regulatory Procedures Executive Order 12866, ‘‘Regulatory Planning and Review’’ and Executive Order 13563, ‘‘Improving Regulation and Regulatory Review’’ Public Law 96–354, ‘‘Regulatory Flexibility Act’’ (5 U.S.C. Chapter 6) It has been determined 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 within the Department of Defense. rmajette on DSK2VPTVN1PROD with RULES Public Law 95–511, ‘‘Paperwork Reduction Act’’ (44 U.S.C. Chapter 35) It has been determined that this Privacy Act rule for the Department of Defense imposes no information collection requirements on the public under the Paperwork Reduction Act of 1995. Section 202, Public Law 104–4, ‘‘Unfunded Mandates Reform Act’’ It has been determined that this Privacy Act rulemaking for the Department of Defense does not involve a Federal mandate that may result in the 14:38 Feb 25, 2015 Jkt 235001 It has been determined that the Privacy Act rule for the Department of Defense does not have federalism implications. The 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 505 It has been determined that Privacy Act rules for the Department of Defense are not significant rules. 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. VerDate Sep<11>2014 expenditure by State, local and tribal governments, in the aggregate, or by the private sector, of $100 million or more and that such rulemaking will not significantly or uniquely affect small governments. Privacy. Tracy Rogers, Chief, Privacy and FOIA Office. Accordingly 32 CFR part 505 is amended as follows: PART 505—ARMY PRIVACY ACT PROGRAM 1. The authority citation for part 505 continues to read as follows: ■ Authority: Pub. L. 93–579, Stat. 1896 (5 U.S.C. 552a). 2. Appendix D to part 505 is revised to read as follows: ■ APPENDIX D TO PART 505— EXEMPTIONS, EXCEPTIONS, AND DOD BLANKET ROUTINE USES (a) Special exemption. 5 U.S.C. 552a(d)(5)—Denies individual access to any information compiled in reasonable anticipation of a civil action or proceeding. (b) General and specific exemptions. The Secretary of the Army may exempt Army systems of records from certain requirements of the Privacy Act of 1974. The two kinds of exemptions that require Secretary of the Army enactment are general and specific exemptions. The general exemption authorizes the exemption of a system of records from most requirements of the Act; the specific exemptions authorize the exemption of a system of record from only a few. (c) General exemptions. Only Army activities actually engaged in the enforcement of criminal laws as their principal function may claim the general exemption. See 5 U.S.C. 552a(j)(2). To qualify for this exemption, a system must consist of: (1) Information compiled to identify individual criminal offenders and alleged offenders, which consists only of identifying data and arrest records; type and disposition of charges; sentencing, confinement, and release records; and parole and probation status; (2) Information compiled for the purpose of criminal investigation including reports of PO 00000 Frm 00014 Fmt 4700 Sfmt 4700 informants and investigators, and associated with an identifiable individual; or (3) Reports identifiable to an individual, compiled at any stage of the process of enforcement of the criminal laws, from arrest or indictment through release from supervision. (d) Specific exemptions. The Secretary of the Army has exempted all properly classified information and systems of records that have the following kinds of information listed in this section, from certain parts of the Privacy Act. The Privacy Act exemption reference appears in parentheses after each category. (1) Classified information in every Army system of records. Before denying any individual access to classified information, the Access and Amendment Refusal Authority must make sure that it was properly classified under the standards of Executive Orders 11652, 12065, or 12958 and that it must remain so in the interest of national defense of foreign policy (5 U.S.C. 552a(k)(1)). (2) Investigatory material compiled for law enforcement purposes (other than material within the scope of subsection 5 U.S.C. 552a(j)(2), may be exempt pursuant to 5 U.S.C. 552a(k)(2). However, if this information has been used to deny someone a right, privilege or benefit to which the individual is entitled by Federal law, or for which an individual would otherwise be eligible as a result of the maintenance of the information, it must be released, unless doing so would reveal the identity of a confidential source. Note: When claimed, this exemption allows limited protection of investigative reports maintained in a system of records used in personnel or administrative actions. (3) Records maintained in connection with providing protective services to the President of the United States or other individuals protected pursuant to Title 18 U.S.C., section 3056 (5 U.S.C. 552a(k)(3)). (4) Records maintained solely for statistical research or program evaluation purposes and which are not used to make decisions on the rights, benefits, or entitlements of individuals, except for census records which may be disclosed under Title 13 U.S.C., section 8 (5 U.S.C. 552a(k)(4)). (5) Investigatory material compiled solely to determine suitability, eligibility, or qualifications for Federal service, Federal contracts, or access to classified information. This information may be withheld only to the extent that disclosure would reveal the identity of a confidential source (5 U.S.C. 552a(k)(5)). (6) Testing or examination material used solely to determine if a person is qualified for appointment or promotion in the Federal service. This information may be withheld only if disclosure would compromise the objectivity or fairness of the examination process (5 U.S.C. 552a(k)(6)). (7) Evaluation material used solely to determine promotion potential in the Armed Forces. Information may be withheld, but only to the extent that disclosure would reveal the identity of a confidential source (5 U.S.C. 552a(k)(7)). (e) Procedures. When a system manager seeks an exemption for a system of records, E:\FR\FM\26FER1.SGM 26FER1 rmajette on DSK2VPTVN1PROD with RULES Federal Register / Vol. 80, No. 38 / Thursday, February 26, 2015 / Rules and Regulations the following information will be furnished to the Chief Information Officer, 107 Army Pentagon, Room 3E608, Washington, DC 20310–0107; applicable system notice, exemptions sought, and justification. After appropriate staffing and approval by the Secretary of the Army, a proposed rule will be published in the Federal Register, followed by a final rule 60 days later. No exemption may be invoked until these steps have been completed. (f) The Army system of records notices for a particular type of record will state whether the Secretary of the Army has authorized a particular general and specific exemption to a certain type of record. The Army system of records notices are published on the Defense Privacy and Civil Liberties Division’s Web site: https://dpcld.defense.gov/Privacy/ DODComponentArticleList/tabid/6799/ Category/278/department-of-the-army.aspx (g) Exempt Army records. The following records may be exempt from certain parts of the Privacy Act: (1) System identifier: A0020–1 SAIG. (i) System name: Inspector General Records. (ii) Exemptions: (A) Investigatory material compiled for law enforcement purposes, other than material within the scope of subsection 5 U.S.C. 552a(j)(2), may be exempt pursuant to 5 U.S.C. 552a(k)(2). However, if an individual is denied any right, privilege, or benefit for which he would otherwise be entitled by Federal law or for which he would otherwise be eligible, as a result of the maintenance of such information, the individual will be provided access to such information except to the extent that disclosure would reveal the identity of a confidential source. (B) Investigatory material compiled solely for the purpose of determining suitability, eligibility, or qualifications for federal civilian employment, military service, federal contracts, or access to classified information may be exempt pursuant to 5 U.S.C. 552a(k)(5), but only to the extent that such material would reveal the identity of a confidential source. (C) Therefore, portions of this system of records may be exempt pursuant to 5 U.S.C. 552a(k)(2) and (k)(5) from subsections 5 U.S.C. 552a(c)(3), (d), (e)(1), (e)(4)(G), (e)(4)(H), (e)(4)(I), and (f). (iii) Authority: 5 U.S.C. 552a(k)(2) and(k)(5). (iv) Reasons: (A) From subsection (c)(3) because the release of the disclosure accounting would permit the subject of a criminal investigation or matter under investigation to obtain valuable information concerning the nature of that investigation which will present a serious impediment to law enforcement. (B) From subsection (d) because access to such records contained in this system would inform the subject of a criminal investigation of the existence of that investigation, provide the subject of the investigation with information that might enable him to avoid detection or apprehension, and would present a serious impediment to law enforcement. (C) From subsection (e)(1) because in the course of criminal investigations, information VerDate Sep<11>2014 14:38 Feb 25, 2015 Jkt 235001 is often obtained concerning the violations of laws or civil obligations of others not relating to an active case or matter. In the interests of effective law enforcement, it is necessary that this valuable information is retained since it can aid in establishing patterns of activity and provide valuable leads for other agencies and future cases that may be brought. (D) From subsections (e)(4)(G) and (e)(4)(H) because portions of this system of records have been exempted from the access provisions of subsection (d), making these subsections not applicable. (E) From subsection (e)(4)(I) because the identity of specific sources must be withheld in order to protect the confidentiality of the sources of criminal and other law enforcement information. This exemption is further necessary to protect the privacy and physical safety of witnesses and informants. (F) From subsection (f) because portions of this system of records have been exempted from the access provisions of subsection (d). (2) System identifier: A0 025–400–2 0AA. (i) System name: Army Records Information Management System (ARIMS) (ii) Exemption: During the course of records management, declassification and claims research, exempt materials from other systems of records may in turn become part of the case record in this system. To the extent that copies of exempt records from those ‘‘other’’ systems of records are entered into this system, the Department of the Army hereby claims the same exemptions for the records from those ‘‘other’’ systems. (iii) Authority: 5 U.S.C. 552a (j)(2) and (k)(1) through (k)(7). (iv) Reasons: Records are only exempt from pertinent provisions of 5 U.S.C. 552a to the extent such provisions have been identified and an exemption claimed for the original record and the purposes underlying the exemption for the original record still pertain to the record which is now contained in this system of records. In general, the exemptions were claimed in order to protect properly classified information relating to national defense and foreign policy, to avoid interference during the conduct of criminal, civil, or administrative actions or investigations, to ensure protective services provided to the President and others are not compromised, to protect records used solely as statistical records, to protect the identity of confidential sources incident to Federal employment, military service, contract, and security clearance determinations, to preserve the confidentiality and integrity of Federal testing materials, and to safeguard evaluation materials used for military promotions when furnished by a confidential source. The exemption rule for the original records will identify the specific reasons why the records may be exempt from specific provisions of 5 U.S.C. 552a. (3) System identifier: A0025–55 OAA. (i) System name: Freedom of Information Act Program Files. (ii) Exemption: During the processing of Freedom of Information Act (FOIA) requests, exempt materials from other systems of records may in turn become part of the case record in this system. To the extent that copies of exempt records from those ‘‘other’’ PO 00000 Frm 00015 Fmt 4700 Sfmt 4700 10337 systems of records are entered into this system, the Department of the Army claims the same exemptions for the records from those ‘‘other’’ systems. (iii) Authority: 5 U.S.C. 552a(j)(2) and (k)(1) through (k)(7). (iv) Reasons: Records are only exempt from pertinent provisions of 5 U.S.C. 552a to the extent such provisions have been identified and an exemption claimed for the original record and the purposes underlying the exemption for the original record still pertain to the record which is now contained in this system of records. In general, the exemptions were claimed in order to protect properly classified information relating to national defense and foreign policy, to avoid interference during the conduct of criminal, civil, or administrative actions or investigations, to ensure protective services provided to the President and others are not compromised, to protect records used solely as statistical records, to protect the identity of confidential sources incident to Federal employment, military service, contract, and security clearance determinations, to preserve the confidentiality and integrity of Federal testing materials, and to safeguard evaluation materials used for military promotions when furnished by a confidential source. The exemption rule for the original records will identify the specific reasons why the records may be exempt from specific provisions of 5 U.S.C. 552a. (4) System identifier: A0027–1 DAJA. (i) System name: General Legal Files. (ii) Exemption: (A) Information specifically authorized to be classified under E.O. 12958, as implemented by DoD 5200.1–R, may be exempt pursuant to 5 U.S.C. 552a(k)(1). (B) Investigatory material compiled for law enforcement purposes, other than material within the scope of subsection 5 U.S.C. 552a(j)(2), may be exempt pursuant to 5 U.S.C. 552a(k)(2). However, if an individual is denied any right, privilege, or benefit for which he would otherwise be entitled by Federal law or for which he would otherwise be eligible, as a result of the maintenance of such information, the individual will be provided access to such information except to the extent that disclosure would reveal the identity of a confidential source. (C) Investigatory material compiled solely for the purpose of determining suitability, eligibility, or qualifications for federal civilian employment, military service, federal contracts, or access to classified information may be exempt pursuant to 5 U.S.C. 552a(k)(5), but only to the extent that such material would reveal the identity of a confidential source. (D) Testing or examination material used solely to determine individual qualifications for appointment or promotion in the Federal service may be exempt pursuant to 5 U.S.C. 552a(k)(6), if the disclosure would compromise the objectivity or fairness of the test or examination process. (E) Evaluation material used to determine potential for promotion in the Military Services may be exempt pursuant to 5 U.S.C. 552a(k)(7), but only to the extent that the disclosure of such material would reveal the identity of a confidential source. (F) Therefore, portions of this system of records may be exempt pursuant to 5 U.S.C. E:\FR\FM\26FER1.SGM 26FER1 rmajette on DSK2VPTVN1PROD with RULES 10338 Federal Register / Vol. 80, No. 38 / Thursday, February 26, 2015 / Rules and Regulations 552a(k)(1) through(k)(7) from subsections 5 U.S.C. 552a(c)(3), (d), (e)(1), (e)(4)(G), (e)(4)(H), (e)(4)(I), and (f). (iii) Authority: 5 U.S.C. 552a(k)(1), (k)(2), (k)(5), (k)(6), and (k)(7). (iv) Reasons: (A) From subsection (c)(3) because the release of the disclosure accounting would permit the subject of a criminal investigation or matter under investigation to obtain valuable information concerning the nature of that investigation which will present a serious impediment to law enforcement. (B) From subsection (d) because access to such records contained in this system would inform the subject of a criminal investigation of the existence of that investigation, provide the subject of the investigation with information that might enable him to avoid detection or apprehension, and would present a serious impediment to law enforcement. (C) From subsection (e)(1) because in the course of criminal investigations, information is often obtained concerning the violations of laws or civil obligations of others not relating to an active case or matter. In the interests of effective law enforcement, it is necessary that this valuable information is retained since it can aid in establishing patterns of activity and provide valuable leads for other agencies and future cases that may be brought. (D) From subsections (e)(4)(G) and (e)(4)(H) because portions of this system of records have been exempted from the access provisions of subsection (d), making these subsections not applicable. (E) From subsection (e)(4)(I) because the identity of specific sources must be withheld in order to protect the confidentiality of the sources of criminal and other law enforcement information. This exemption is further necessary to protect the privacy and physical safety of witnesses and informants. (F) From subsection (f) because portions of this system of records have been exempted from the access provisions of subsection (d). (5) System identifier: A0027–10a DAJA. (i) System name: Military Justice Files. (ii) Exemptions: Parts of this system may be exempt pursuant to 5 U.S.C. 552a(j)(2) if the information is compiled and maintained by a component of the agency which performs as its principal function any activity pertaining to the enforcement of criminal laws. Therefore, portions of this system of records may be exempt pursuant to 5 U.S.C. 552a(j)(2) from subsections 5 U.S.C. 552a(c)(3), (c)(4), (d), (e)(1), (e)(2), (e)(3), (e)(4)(G), (e)(4)(H), (e)(4)(I), (e)(5), (e)(8), (f), and (g). (iii) Authority: 5 U.S.C. 552a(j)(2). (iv) Reason: (A) From subsection (c)(3) because the release of the disclosure accounting would permit the subject of a criminal investigation or matter under investigation to obtain valuable information concerning the nature of that investigation which will present a serious impediment to law enforcement. (B) From subsection (c)(4) because an exemption is being claimed for subsection (d), making this subsection not applicable. (C) From subsection (d) because access to the records contained in this system would VerDate Sep<11>2014 14:38 Feb 25, 2015 Jkt 235001 inform the subject of a criminal investigation of the existence of that investigation, provide the subject of the investigation with information that might enable him to avoid detection or apprehension, and would present a serious impediment to law enforcement. (D) From subsection (e)(1) because in the course of criminal investigations, information is often obtained concerning the violation of laws or civil obligations of others not relating to an active case or matter. In the interests of effective law enforcement, it is necessary that this information be retained since it can aid in establishing patterns of activity and provide valuable leads for other agencies and future cases that may be brought. (E) From subsection (e)(2) because in a criminal investigation the requirement that information be collected to the greatest extent possible from the subject individual would present a serious impediment to law enforcement in that the subject of the investigation would be placed on notice of the existence of the investigation and would therefore be able to avoid detection. (F) From subsection (e)(3) because the requirement that individuals supplying information be provided with a form stating the requirements of subsection (e)(3) would constitute a serious impediment to law enforcement in that it could compromise the existence of a confidential investigation, reveal the identity of confidential sources of information and endanger the life and physical safety of confidential informants. (G) From subsections (e)(4)(G) and (e)(4)(H) because portions of this system of records have been exempted from the access provisions of subsection (d), making these subsections not applicable. (H) From subsection (e)(4)(I) because the identity of specific sources must be withheld in order to protect the confidentiality of the sources of criminal and other law enforcement information. This exemption is further necessary to protect the privacy and physical safety of witnesses and informants. (I) From subsection (e)(5) because in the collection of information for law enforcement purposes it is impossible to determine in advance what information is accurate, relevant, timely, and complete. With the passage of time, seemingly irrelevant or untimely information may acquire new significance as further investigation brings new details to light and the accuracy of such information can only be determined in a court of law. The restrictions of subsection (e)(5) would restrict the ability of trained investigators and intelligence analysts to exercise their judgment in reporting on investigations and impede the development of intelligence necessary for effective law enforcement. (J) From subsection (e)(8) because the individual notice requirements of subsection (e)(8) could present a serious impediment to law enforcement as this could interfere with the ability to issue search authorizations and could reveal investigative techniques and procedures. (K) From subsection (f) because portions of this system of records have been exempted from the access provisions of subsection (d). (L) From subsection (g) because portions of this system of records are compiled for law PO 00000 Frm 00016 Fmt 4700 Sfmt 4700 enforcement purposes and have been exempted from the access provisions of subsections (d) and (f). (6) System identifier: A0027–10b DAJA. (i) System name: Courts-Martial Records and Reviews. (ii) Exemptions: Parts of this system may be exempt pursuant to 5 U.S.C. 552a(j)(2) if the information is compiled and maintained by a component of the agency which performs as its principal function any activity pertaining to the enforcement of criminal laws. Therefore, portions of this system of records may be exempt pursuant to 5 U.S.C. 552a(j)(2) from subsections 5 U.S.C. 552a(c)(3), (c)(4), (d), (e)(1), (e)(2), (e)(3), (e)(4)(G), (e)(4)(H), (e)(4)(I), (e)(5), (e)(8), (f), and (g). (iii) Authority: 5 U.S.C. 552a(j)(2). (iv) Reasons: (A) From subsection (c)(3) because the release of the disclosure accounting would permit the subject of a criminal investigation or matter under investigation to obtain valuable information concerning the nature of that investigation which will present a serious impediment to law enforcement. (B) From subsection (c)(4) because an exemption is being claimed for subsection (d), making this subsection not applicable. (C) From subsection (d) because access to the records contained in this system would inform the subject of a criminal investigation of the existence of that investigation, provide the subject of the investigation with information that might enable him to avoid detection or apprehension, and would present a serious impediment to law enforcement. (D) From subsection (e)(1) because in the course of criminal investigations, information is often obtained concerning the violation of laws or civil obligations of others not relating to an active case or matter. In the interests of effective law enforcement, it is necessary that this information be retained since it can aid in establishing patterns of activity and provide valuable leads for other agencies and future cases that may be brought. (E) From subsection (e)(2) because in a criminal investigation, the requirement that information be collected to the greatest extent possible from the subject individual would present a serious impediment to law enforcement in that the subject of the investigation would be placed on notice of the existence of the investigation and would therefore be able to avoid detection. (F) From subsection (e)(3) because the requirement that individuals supplying information be provided with a form stating the requirements of subsection (e)(3) would constitute a serious impediment to law enforcement in that it could compromise the existence of a confidential investigation, reveal the identity of confidential sources of information and endanger the life and physical safety of confidential informants. (G) From subsections (e)(4)(G) and (e)(4)(H) because portions of this system of records have been exempted from the access provisions of subsection (d), making these subsections not applicable. (H) From subsection (e)(4)(I) because the identity of specific sources must be withheld in order to protect the confidentiality of the E:\FR\FM\26FER1.SGM 26FER1 rmajette on DSK2VPTVN1PROD with RULES Federal Register / Vol. 80, No. 38 / Thursday, February 26, 2015 / Rules and Regulations sources of criminal and other law enforcement information. This exemption is further necessary to protect the privacy and physical safety of witnesses and informants. (I) From subsection (e)(5) because in the collection of information for law enforcement purposes it is impossible to determine in advance what information is accurate, relevant, timely, and complete. With the passage of time, seemingly irrelevant or untimely information may acquire new significance as further investigation brings new details to light and the accuracy of such information can only be determined in a court of law. The restrictions of subsection (e)(5) would restrict the ability of trained investigators and intelligence analysts to exercise their judgment in reporting on investigations and impede the development of intelligence necessary for effective law enforcement. (J) From subsection (e)(8) because the individual notice requirements of subsection (e)(8) could present a serious impediment to law enforcement as this could interfere with the ability to issue search authorizations and could reveal investigative techniques and procedures. (K) From subsection (f) because portions of this system of records have been exempted from the access provisions of subsection (d). (L) From subsection (g) because portions of this system of records are compiled for law enforcement purposes and have been exempted from the access provisions of subsections (d) and (f). (7) System identifier: A0040–5b DASG. (i) System name: Army Public Health Data Repository (APHDR). (ii) Exemption: (A) Investigatory material compiled for law enforcement purposes, other than material within the scope of subsection 5 U.S.C. 552a(j)(2), may be exempt pursuant to 5 U.S.C. 552a(k)(2). However, if an individual is denied any right, privilege, or benefit for which he would otherwise be entitled by Federal law or for which he would otherwise be eligible, as a result of the maintenance of such information, the individual will be provided access to such information except to the extent that disclosure would reveal the identity of a confidential source. (B) Records maintained solely for statistical research or program evaluation purposes and which are not used to make decisions on the rights, benefits, or entitlement of an individual except for census records which may be disclosed under 13 U.S.C. 8, may be exempt pursuant to 5 U.S.C. 552a(k)(4). (C) Therefore, portions of this system of records may be exempt pursuant to 5 U.S.C. 552a(k)(2) and (k)(4) from subsections 5 U.S.C. 552a(c)(3), (d), (e)(1), (e)(4)(G), (e)(4)(H), (e)(4)(I), and (f). (iii) Authority: 5 U.S.C. 552a(k)(2) and (k)(4) (iv) Reasons: (A) From subsection (c)(3) because the release of the disclosure accounting would permit the subject of a criminal investigation or matter under investigation to obtain valuable information concerning the nature of that investigation which will present a serious impediment to law enforcement. (B) From subsection (d) because access to the records contained in this system would VerDate Sep<11>2014 14:38 Feb 25, 2015 Jkt 235001 inform the subject of a criminal investigation of the existence of that investigation, provide the subject of the investigation with information that might enable him to avoid detection or apprehension, and would present a serious impediment to law enforcement. (C) From subsection (e)(1) because in the course of criminal investigations, information is often obtained concerning the violations of laws or civil obligations of others not relating to an active case or matter. In the interests of effective law enforcement, it is necessary that this valuable information is retained since it can aid in establishing patterns of activity and provide valuable leads for other agencies and future cases that may be brought. (D) From subsections (e)(4)(G) and (e)(4)(H) because portions of this system of records have been exempted from the access provisions of subsection (d), making these subsections not applicable. (E) From subsection (e)(4)(I) because the identity of specific sources must be withheld in order to protect the confidentiality of the sources of criminal and other law enforcement information. This exemption is further necessary to protect the privacy and physical safety of witnesses and informants. (F) From subsection (f) because portions of this system of records have been exempted from the access provisions of subsection (d). (8) System identifier: A0190–5 OPMG. (i) System name: Vehicle Registration System. (ii) Exemption: Parts of this system of records may be exempt pursuant to 5 U.S.C. 552a(j)(2) if the information is compiled and maintained by a component of the agency which performs as its primary function any activity pertaining to the enforcement of criminal laws. Therefore, portions of this system of records may be exempt pursuant to 5 U.S.C. 552a(j)(2) from subsections 5 U.S.C. 552a(c)(3), (c)(4), (d), (e)(1), (e)(2), (e)(3), (e)(4)(G), (e)(4)(H), (e)(4)(I), (e)(8), (f), and (g). (iii) Authority: 5 U.S.C. 552a(j)(2). (iv) Reasons: (A) From subsection (c)(3) because the release of the disclosure accounting would permit the subject of a criminal investigation or matter under investigation to obtain valuable information concerning the nature of that investigation which will present a serious impediment to law enforcement. (B) From subsection (c)(4) because an exemption is being claimed for subsection (d), making this subsection not applicable. (C) From subsection (d) because access to the records contained in this system would inform the subject of a criminal investigation of the existence of that investigation, provide the subject of the investigation with information that might enable him to avoid detection or apprehension, and would present a serious impediment to law enforcement. (D) From subsection (e)(1) because in the course of criminal investigations, information is often obtained concerning the violation of laws or civil obligations of others not relating to an active case or matter. In the interests of effective law enforcement, it is necessary that this valuable information be retained since it can aid in establishing patterns of PO 00000 Frm 00017 Fmt 4700 Sfmt 4700 10339 activity and provide valuable leads for other agencies and future cases that may be brought. (E) From subsection (e)(2) because in a criminal investigation, the requirement that information be collected to the greatest extent possible from the subject individual would present a serious impediment to law enforcement in that the subject of the investigation would be placed on notice of the existence of the investigation and would therefore be able to avoid detection. (F) From subsection (e)(3) because the requirement that individuals supplying information be provided with a form stating the requirements of subsection (e)(3) would constitute a serious impediment to law enforcement in that it could compromise the existence of a confidential investigation, reveal the identity of confidential sources of information and endanger the life and physical safety of confidential informants. (G) From subsections (e)(4)(G) and (e)(4)(H) because portions of this system of records have been exempted from access provisions of subsection (d), making these subsections not applicable. (H) From subsection (e)(4)(I) because the identity of specific sources must be withheld in order to protect the confidentiality of the sources of criminal and other law enforcement information. This exemption is further necessary to protect the privacy and physical safety of witnesses and informants. (I) From subsection (e)(5) because in the collection of information for law enforcement purposes it is impossible to determine in advance what information is accurate, relevant, timely, and complete. With the passage of time, seemingly irrelevant or untimely information may acquire new significance as further investigation brings new details to light and the accuracy of such information can only be determined in a court of law. The restrictions of subsection (e)(5) would restrict the ability of trained investigators and intelligence analysts to exercise their judgment reporting on investigations and impede the development of intelligence necessary for effective law enforcement. (J) From subsection (e)(8) because the individual notice requirements of subsection (e)(8) could present a serious impediment to law enforcement as this could interfere with the ability to issue search authorizations and could reveal investigative techniques and procedures. (K) From subsection (f) because portions of this system of records have been exempted from the access provisions of subsection (d). (L) From subsection (g) because portions of this system of records are compiled for law enforcement purposes and have been exempted from the access provisions of subsections (d) and (f). (9) System identifier: A0190–9 OPMG. (i) System name: Absentee Case Files. (ii) Exemption: Parts of this system of records may be exempt pursuant to 5 U.S.C. 552a(j)(2) if the information is compiled and maintained by a component of the agency which performs as its principal function any activity pertaining to the enforcement of criminal laws. Therefore, portions of this system of records may be exempt pursuant to E:\FR\FM\26FER1.SGM 26FER1 rmajette on DSK2VPTVN1PROD with RULES 10340 Federal Register / Vol. 80, No. 38 / Thursday, February 26, 2015 / Rules and Regulations 5 U.S.C. 552a(j)(2) from subsections 5 U.S.C. 552a(c)(3), (c)(4), (d), (e)(1), (e)(2), (e)(3), (e)(4)(G), (e)(4)(H), (e)(4)(I), (e)(8), (f), and (g). (iii) Authority: 5 U.S.C. 552a(j)(2). (iv) Reasons: (A) From subsection (c)(3) because the release of the disclosure accounting would permit the subject of a criminal investigation or matter under investigation to obtain valuable information concerning the nature of that investigation which will present a serious impediment to law enforcement. (B) From subsection (c)(4) because an exemption is being claimed for subsection (d), making this subsection not applicable. (C) From subsection (d) because access to the records contained in this system would inform the subject of a criminal investigation of the existence of that investigation, provide the subject of the investigation with information that might enable him to avoid detection or apprehension, and would present a serious impediment to law enforcement. (D) From subsection (e)(1) because in the course of criminal investigations, information is often obtained concerning the violation of laws or civil obligations of others not relating to an active case or matter. In the interests of effective law enforcement, it is necessary that this valuable information be retained since it can aid in establishing patterns of activity and provide valuable leads for other agencies and future cases that may be brought. (E) From subsection (e)(2) because in a criminal investigation, the requirement that information be collected to the greatest extent possible from the subject individual would present a serious impediment to law enforcement in that the subject of the investigation would be placed on notice of the existence of the investigation and would therefore be able to avoid detection. (F) From subsection (e)(3) because the requirement that individuals supplying information be provided with a form stating the requirements of subsection (e)(3) would constitute a serious impediment to law enforcement in that it could compromise the existence of a confidential investigation, reveal the identity of confidential sources of information and endanger the life and physical safety of confidential informants. (G) From subsections (e)(4)(G) and (e)(4)(H) because portions of this system of records have been exempted from access provisions of subsection (d), making these subsections not applicable. (H) From subsection (e)(4)(I) because the identity of specific sources must be withheld in order to protect the confidentiality of the sources of criminal and other law enforcement information. This exemption is further necessary to protect the privacy and physical safety of witnesses and informants. (I) From subsection (e)(5) because in the collection of information for law enforcement purposes it is impossible to determine in advance what information is accurate, relevant, timely, and complete. With the passage of time, seemingly irrelevant or untimely information may acquire new significance as further investigation brings new details to light and the accuracy of such information can only be determined in a VerDate Sep<11>2014 14:38 Feb 25, 2015 Jkt 235001 court of law. The restrictions of subsection (e)(5) would restrict the ability of trained investigators and intelligence analysts to exercise their judgment reporting on investigations and impede the development of intelligence necessary for effective law enforcement. (J) From subsection (e)(8) because the individual notice requirements of subsection (e)(8) could present a serious impediment to law enforcement as this could interfere with the ability to issue search authorizations and could reveal investigative techniques and procedures. (K) From subsection (f) because portions of this system of records have been exempted from the access provisions of subsection (d). (L) From subsection (g) because portions of this system of records are compiled for law enforcement purposes and have been exempted from the access provisions of subsections (d) and (f). (10) System identifier: A0190–14 OPMG. (i) System name: Registration and Permit Files. (ii) Exemption: Investigatory material compiled for law enforcement purposes, other than material within the scope of subsection 5 U.S.C. 552a(j)(2), is exempt pursuant to 5 U.S.C. 552a(k)(2). However, if an individual is denied any right, privilege, or benefit for which he would otherwise be entitled by Federal law or for which he would otherwise be eligible, as a result of the maintenance of such information, the individual will be provided access to such information except to the extent that disclosure would reveal the identity of a confidential source. Therefore, portions of this system of records may be exempt pursuant to 5 U.S.C. 552a(k)(2) from subsections 5 U.S.C. 552a(c)(3), (d), (e)(1), (e)(4)(G), (e)(4)(H), (e)(4)(I), and (f). (iii) Authority: 5 U.S.C. 552a(k)(2). (iv) Reasons: (A) From subsection (c)(3) because the release of the disclosure accounting would permit the subject of a criminal investigation or matter under investigation to obtain valuable information concerning the nature of that investigation which will present a serious impediment to law enforcement. (B) From subsection (d) because access to the records contained in this system would inform the subject of a criminal investigation of the existence of that investigation, provide the subject of the investigation with information that might enable him to avoid detection or apprehension, and would present a serious impediment to law enforcement. (C) From subsection (e)(1) because in the course of criminal investigations, information is often obtained concerning the violations of laws or civil obligations of others not relating to an active case or matter. In the interests of effective law enforcement, it is necessary that this valuable information is retained since it can aid in establishing patterns of activity and provide valuable leads for other agencies and future cases that may be brought. (D) From subsections (e)(4)(G) and (e)(4)(H) because portions of this system of records have been exempted from the access provisions of subsection (d), making these subsections not applicable. PO 00000 Frm 00018 Fmt 4700 Sfmt 4700 (E) From subsection (e)(4)(I) because the identity of specific sources must be withheld in order to protect the confidentiality of the sources of criminal and other law enforcement information. This exemption is further necessary to protect the privacy and physical safety of witnesses and informants. (F) From subsection (f) because portions of this system of records have been exempted from the access provisions of subsection (d). (11) System identifier: A0190–45 OPMG. (i) System name: Military Police Reporting Program Records (MPRP). (ii) Exemptions: Parts of this system may be exempt pursuant to 5 U.S.C. 552a(j)(2) if the information is compiled and maintained by a component of the agency which performs as its principal function any activity pertaining to the enforcement of criminal laws. Therefore, portions of the system may be exempt pursuant to 5 U.S.C. 552a(j)(2) from subsections 5 U.S.C. 552a(c)(3), (c)(4), (d), (e)(1), (e)(2), (e)(3), (e)(4)(G), (e)(4)(H), (e)(4)(I), (e)(5), (e)(8), (f), and (g). (iii) Authority: 5 U.S.C. 552a(j)(2). (iv) Reasons: (A) From subsection (c)(3) because the release of the disclosure accounting would permit the subject of a criminal investigation or matter under investigation to obtain valuable information concerning the nature of that investigation which will present a serious impediment to law enforcement. (B) From subsection (c)(4) because an exemption is being claimed for subsection (d), making this subsection not applicable. (C) From subsection (d) because access to the records contained in this system would inform the subject of a criminal investigation of the existence of that investigation, provide the subject of the investigation with information that might enable him to avoid detection or apprehension, and would present a serious impediment to law enforcement. (D) From subsection (e)(1) because in the course of criminal investigations, information is often obtained concerning the violation of laws or civil obligations of others not relating to an active case or matter. In the interests of effective law enforcement, it is necessary that this valuable information be retained since it can aid in establishing patterns of activity and provide valuable leads for other agencies and future cases that may be brought. (E) From subsection (e)(2) because in a criminal investigation, the requirement that information be collected to the greatest extent possible from the subject individual would present a serious impediment to law enforcement in that the subject of the investigation would be placed on notice of the existence of the investigation and would therefore be able to avoid detection. (F) From subsection (e)(3) because the requirement that individuals supplying information be provided with a form stating the requirements of subsection (e)(3) would constitute a serious impediment to law enforcement in that it could compromise the existence of a confidential investigation, reveal the identity of confidential sources of information and endanger the life and physical safety of confidential informants. E:\FR\FM\26FER1.SGM 26FER1 rmajette on DSK2VPTVN1PROD with RULES Federal Register / Vol. 80, No. 38 / Thursday, February 26, 2015 / Rules and Regulations (G) From subsections (e)(4)(G) and (e)(4)(H) because portions of this system of records have been exempted from access provisions of subsection (d), making these subsections not applicable. (H) From subsection (e)(4)(I) because the identity of specific sources must be withheld in order to protect the confidentiality of the sources of criminal and other law enforcement information. This exemption is further necessary to protect the privacy and physical safety of witnesses and informants. (I) From subsection (e)(5) because in the collection of information for law enforcement purposes it is impossible to determine in advance what information is accurate, relevant, timely, and complete. With the passage of time, seemingly irrelevant or untimely information may acquire new significance as further investigation brings new details to light and the accuracy of such information can only be determined in a court of law. The restrictions of subsection (e)(5) would restrict the ability of trained investigators and intelligence analysts to exercise their judgment reporting on investigations and impede the development of intelligence necessary for effective law enforcement. (J) From subsection (e)(8) because the individual notice requirements of subsection (e)(8) could present a serious impediment to law enforcement as this could interfere with the ability to issue search authorizations and could reveal investigative techniques and procedures. (K) From subsection (f) because portions of this system of records have been exempted from the access provisions of subsection (d). (L) From subsection (g) because portions of this system of records are compiled for law enforcement purposes and have been exempted from the access provisions of subsections (d) and (f). (12) System identifier: A0190–45a OPMG. (i) System name: Local Criminal Intelligence Files. (ii) Exemptions: Parts of this system may be exempt pursuant to 5 U.S.C. 552a(j)(2) if the information is compiled and maintained by a component of the agency which performs as its principal function any activity pertaining to the enforcement of criminal laws. Therefore, portions of the system of records may be exempt pursuant to 5 U.S.C. 552a(j)(2) from subsections 5 U.S.C. 552a(c)(3), (c)(4), (d), (e)(1), (e)(2), (e)(3), (e)(4)(G), (e)(4)(H), (e)(4)(I), (e)(8), (f), and (g). (iii) Authority: 5 U.S.C. 552a(j)(2). (iv) Reasons: (A) From subsection (c)(3) because the release of the disclosure accounting would permit the subject of a criminal investigation or matter under investigation to obtain valuable information concerning the nature of that investigation which will present a serious impediment to law enforcement. (B) From subsection (c)(4) because an exemption is being claimed for subsection (d), making this subsection not applicable. (C) From subsection (d) because access to the records contained in this system would inform the subject of a criminal investigation of the existence of that investigation, provide the subject of the investigation with information that might enable him to avoid VerDate Sep<11>2014 14:38 Feb 25, 2015 Jkt 235001 detection or apprehension, and would present a serious impediment to law enforcement. (D) From subsection (e)(1) because in the course of criminal investigations, information is often obtained concerning the violation of laws or civil obligations of others not relating to an active case or matter. In the interests of effective law enforcement, it is necessary that this valuable information be retained since it can aid in establishing patterns of activity and provide valuable leads for other agencies and future cases that may be brought. (E) From subsection (e)(2) because in a criminal investigation, the requirement that information be collected to the greatest extent possible from the subject individual would present a serious impediment to law enforcement in that the subject of the investigation would be placed on notice of the existence of the investigation and would therefore be able to avoid detection. (F) From subsection (e)(3) because the requirement that individuals supplying information be provided with a form stating the requirements of subsection (e)(3) would constitute a serious impediment to law enforcement in that it could compromise the existence of a confidential investigation, reveal the identity of confidential sources of information and endanger the life and physical safety of confidential informants. (G) From subsections (e)(4)(G) and (e)(4)(H) because portions of this system of records have been exempted from access provisions of subsection (d), making these subsections not applicable. (H) From subsection (e)(4)(I) because the identity of specific sources must be withheld in order to protect the confidentiality of the sources of criminal and other law enforcement information. This exemption is further necessary to protect the privacy and physical safety of witnesses and informants. (I) From subsection (e)(5) because in the collection of information for law enforcement purposes it is impossible to determine in advance what information is accurate, relevant, timely, and complete. With the passage of time, seemingly irrelevant or untimely information may acquire new significance as further investigation brings new details to light and the accuracy of such information can only be determined in a court of law. The restrictions of subsection (e)(5) would restrict the ability of trained investigators and intelligence analysts to exercise their judgment reporting on investigations and impede the development of intelligence necessary for effective law enforcement. (J) From subsection (e)(8) because the individual notice requirements of subsection (e)(8) could present a serious impediment to law enforcement as this could interfere with the ability to issue search authorizations and could reveal investigative techniques and procedures. (K) From subsection (f) because portions of this system of records have been exempted from the access provisions of subsection (d). (L) From subsection (g) because portions of this system of records are compiled for law enforcement purposes and have been exempted from the access provisions of subsections (d) and (f). PO 00000 Frm 00019 Fmt 4700 Sfmt 4700 10341 (13) System identifier: A0190–45b OPMG. (i) System Name: Serious Incident Reporting Files. (ii) Exemptions: Parts of this system may be exempt pursuant to 5 U.S.C. 552a(j)(2) if the information is compiled and maintained by a component of the agency which performs as its principal function any activity pertaining to the enforcement of criminal laws. Therefore, portions of the system of records may be exempt pursuant to 5 U.S.C. 552a(j)(2) from subsections 5 U.S.C. 552a(c)(3), (c)(4), (d), (e)(1), (e)(2), (e)(3), (e)(4)(G), (e)(4)(H), (e)(4)(I), (e)(8), (f), and (g). (iii) Authority: 5 U.S.C. 552a(j)(2). (iv) Reasons (A) From subsection (c)(3) because the release of the disclosure accounting would permit the subject of a criminal investigation or matter under investigation to obtain valuable information concerning the nature of that investigation which will present a serious impediment to law enforcement. (B) From subsection (c)(4) because an exemption is being claimed for subsection (d), making this subsection not applicable. (C) From subsection (d) because access to the records contained in this system would inform the subject of a criminal investigation of the existence of that investigation, provide the subject of the investigation with information that might enable him to avoid detection or apprehension, and would present a serious impediment to law enforcement. (D) From subsection (e)(1) because in the course of criminal investigations, information is often obtained concerning the violation of laws or civil obligations of others not relating to an active case or matter. In the interests of effective law enforcement, it is necessary that this valuable information be retained since it can aid in establishing patterns of activity and provide valuable leads for other agencies and future cases that may be brought. (E) From subsection (e)(2) because in a criminal investigation, the requirement that information be collected to the greatest extent possible from the subject individual would present a serious impediment to law enforcement in that the subject of the investigation would be placed on notice of the existence of the investigation and would therefore be able to avoid detection. (F) From subsection (e)(3) because the requirement that individuals supplying information be provided with a form stating the requirements of subsection (e)(3) would constitute a serious impediment to law enforcement in that it could compromise the existence of a confidential investigation, reveal the identity of confidential sources of information and endanger the life and physical safety of confidential informants. (G) From subsections (e)(4)(G) and (e)(4)(H) because portions of this system of records have been exempted from access provisions of subsection (d), making these subsections not applicable. (H) From subsection (e)(4)(I) because the identity of specific sources must be withheld in order to protect the confidentiality of the sources of criminal and other law enforcement information. This exemption is further necessary to protect the privacy and physical safety of witnesses and informants. E:\FR\FM\26FER1.SGM 26FER1 rmajette on DSK2VPTVN1PROD with RULES 10342 Federal Register / Vol. 80, No. 38 / Thursday, February 26, 2015 / Rules and Regulations (I) From subsection (e)(5) because in the collection of information for law enforcement purposes it is impossible to determine in advance what information is accurate, relevant, timely, and complete. With the passage of time, seemingly irrelevant or untimely information may acquire new significance as further investigation brings new details to light and the accuracy of such information can only be determined in a court of law. The restrictions of subsection (e)(5) would restrict the ability of trained investigators and intelligence analysts to exercise their judgment reporting on investigations and impede the development of intelligence necessary for effective law enforcement. (J) From subsection (e)(8) because the individual notice requirements of subsection (e)(8) could present a serious impediment to law enforcement as this could interfere with the ability to issue search authorizations and could reveal investigative techniques and procedures. (K) From subsection (f) because portions of this system of records have been exempted from the access provisions of subsection (d). (L) From subsection (g) because portions of this system of records are compiled for law enforcement purposes and have been exempted from the access provisions of subsections (d) and (f). (14) System identifier: A0190–47 DAPM– ACC. (i) System Name: Army Corrections System and Parole Board Records. (ii) Exemptions: Parts of this system may be exempt pursuant to 5 U.S.C. 552a(j)(2) if the information is compiled and maintained by a component of the agency which performs as its principal function any activity pertaining to the enforcement of criminal laws. Therefore, portions of the system of records may be exempt pursuant to 5 U.S.C. 552a(j)(2) from subsections 5 U.S.C. 552a(c)(3), (c)(4), (d), (e)(1), (e)(2), (e)(3), (e)(4)(G), (e)(4)(H), (e)(4)(I), (e)(5), (e)(8), (f), and (g). (iii) Authority: 5 U.S.C. 552a(j)(2). (iv) Reasons: (A) From subsection (c)(3) because the release of the disclosure accounting would permit the subject of a criminal investigation or matter under investigation to obtain valuable information concerning the nature of that investigation which will present a serious impediment to law enforcement. (B) From subsection (c)(4) because an exemption is being claimed for subsection (d), making this subsection not applicable. (C) From subsection (d) because access to the records contained in this system would inform the subject of a criminal investigation of the existence of that investigation, provide the subject of the investigation with information that might enable him to avoid detection or apprehension, and would present a serious impediment to law enforcement. (D) From subsection (e)(1) because in the course of criminal investigations, information is often obtained concerning the violation of laws or civil obligations of others not relating to an active case or matter. In the interests of effective law enforcement, it is necessary that this valuable information be retained VerDate Sep<11>2014 14:38 Feb 25, 2015 Jkt 235001 since it can aid in establishing patterns of activity and provide valuable leads for other agencies and future cases that may be brought. (E) From subsection (e)(2) because in a criminal or other law enforcement investigation, the requirement that information be collected to the greatest extent possible from the subject individual would alert the subject as to the nature or existence of the investigation and thereby present a serious impediment to effective law enforcement. (F) From subsection (e)(3) because the requirement that individuals supplying information be provided with a form stating the requirements of subsection (e)(3) would constitute a serious impediment to law enforcement in that it could compromise the existence of a confidential investigation, reveal the identity of confidential sources of information and endanger the life and physical safety of confidential informants. (G) From subsections (e)(4)(G) and (e)(4)(H) because an exemption is being claimed for subsection (d), making these subsections not applicable. (H) From subsection (e)(4)(I) because the identity of specific sources must be withheld in order to protect the confidentiality of the sources of criminal and other law enforcement information. This exemption is further necessary to protect the privacy and physical safety of witnesses and informants. (I) From subsection (e)(5) because in the collection of information for law enforcement purposes it is impossible to determine in advance what information is accurate, relevant, timely, and complete. With the passage of time, seemingly irrelevant or untimely information may acquire new significance as further investigation brings new details to light and the accuracy of such information can only be determined in a court of law. The restrictions of subsection (e)(5) would restrict the ability of trained investigators and intelligence analysts to exercise their judgment reporting on investigations and impede the development of intelligence necessary for effective law enforcement. (J) From subsection (e)(8) because the individual notice requirements of subsection (e)(8) could present a serious impediment to law enforcement as this could interfere with the ability to issue search authorizations and could reveal investigative techniques and procedures. (K) From subsection (f) because portions of this system of records have been exempted from the access provisions of subsection (d). (L) From subsection (g) because portions of this system of records are compiled for law enforcement purposes and have been exempted from the access provisions of subsections (d) and (f). (15) System identifier: A0195–2a USACIDC. (i) System name: Source Register. (ii) Exemption: (A): Parts of this system may be exempt pursuant to 5 U.S.C. 552a(j)(2) if the information is compiled and maintained by a component of the agency which performs as its principal function any activity pertaining to the enforcement of criminal laws. Therefore, portions of this PO 00000 Frm 00020 Fmt 4700 Sfmt 4700 system of records may be exempt pursuant to 5 U.S.C. 552a(j)(2) from subsections 5 U.S.C. 552a(c)(3), (c)(4), (d), (e)(1), (e)(2), (e)(3), (e)(4)(G), (e)(4)(H), (e)(4)(I), (e)(5), (e)(8), (f), and (g). (iii) Authority: 5 U.S.C. 552a(j)(2). (iv) Reasons: (A) From subsection (c)(3) because the release of the disclosure accounting would permit the subject of a criminal investigation or matter under investigation to obtain valuable information concerning the nature of that investigation which will present a serious impediment to law enforcement. (B) From subsection (c)(4) because an exemption is being claimed for subsection (d), making this subsection not applicable. (C) From subsection (d) because access to the records contained in this system would inform the subject of a criminal investigation of the existence of that investigation, provide the subject of the investigation with information that might enable him to avoid detection or apprehension, and would present a serious impediment to law enforcement. (D) From subsection (e)(1) because in the course of criminal investigations, information is often obtained concerning the violation of laws or civil obligations of others not relating to an active case or matter. In the interests of effective law enforcement, it is necessary that this valuable information be retained since it can aid in establishing patterns of activity and provide valuable leads for other agencies and future cases that may be brought. (E) From subsection (e)(2) because in a criminal investigation, the requirement that information be collected to the greatest extent possible from the subject individual would present a serious impediment to law enforcement in that the subject of the investigation would be placed on notice of the existence of the investigation and would therefore be able to avoid detection. (F) From subsection (e)(3) because the requirement that individuals supplying information be provided with a form stating the requirements of subsection (e)(3) would constitute a serious impediment to law enforcement in that it could compromise the existence of a confidential investigation, reveal the identity of confidential sources of information and endanger the life and physical safety of confidential informants. (G) From subsections (e)(4)(G) and (e)(4)(H) because portions of this system of records have been exempted from access provisions of subsection (d), making these subsections not applicable. (H) From subsection (e)(4)(I) because the identity of specific sources must be withheld in order to protect the confidentiality of the sources of criminal and other law enforcement information. This exemption is further necessary to protect the privacy and physical safety of witnesses and informants. (I) From subsection (e)(5) because in the collection of information for law enforcement purposes it is impossible to determine in advance what information is accurate, relevant, timely, and complete. With the passage of time, seemingly irrelevant or untimely information may acquire new significance as further investigation brings E:\FR\FM\26FER1.SGM 26FER1 rmajette on DSK2VPTVN1PROD with RULES Federal Register / Vol. 80, No. 38 / Thursday, February 26, 2015 / Rules and Regulations new details to light and the accuracy of such information can only be determined in a court of law. The restrictions of subsection (e)(5) would restrict the ability of trained investigators and intelligence analysts to exercise their judgment reporting on investigations and impede the development of intelligence necessary for effective law enforcement. (J) From subsection (e)(8) because the individual notice requirements of subsection (e)(8) could present a serious impediment to law enforcement as this could interfere with the ability to issue search authorizations and could reveal investigative techniques and procedures. (K) From subsection (f) because portions of this system of records have been exempted from the access provisions of subsection (d). (L) From subsection (g) because portions of this system of records are compiled for law enforcement purposes and have been exempted from the access provisions of subsections (d) and (f). (16) System identifier: A0195–2b USACIDC. (i) System name: Criminal Investigation and Crime Laboratory Files. (ii) Exemption: Parts of this system may be exempt pursuant to 5 U.S.C. 552a(j)(2) if the information is compiled and maintained by a component of the agency which performs as its principal function any activity pertaining to the enforcement of criminal laws. Therefore, portions of this system of records may be exempt pursuant to 5 U.S.C. 552a(j)(2) from subsections 5 U.S.C. 552a(c)(3), (c)(4), (d), (e)(1), (e)(2), (e)(3), (e)(4)(G), (e)(4)(H), (e)(4)(I), (e)(5), (e)(8), (f), and (g). (iii) Authority: 5 U.S.C. 552a(j)(2). (iv) Reasons: (A) From subsection (c)(3) because the release of the disclosure accounting would permit the subject of a criminal investigation or matter under investigation to obtain valuable information concerning the nature of that investigation which will present a serious impediment to law enforcement. (B) From subsections (c)(4) because an exemption is being claimed for subsection (d), making this subsection not applicable. (C) From subsection (d) because access to the records contained in this system would inform the subject of a criminal investigation of the existence of that investigation, provide the subject of the investigation with information that might enable him to avoid detection or apprehension, and would present a serious impediment to law enforcement. (D) From subsection (e)(1) because in the course of criminal investigations, information is often obtained concerning the violation of laws or civil obligations of others not relating to an active case or matter. In the interests of effective law enforcement, it is necessary that this information be retained since it can aid in establishing patters of activity and provide valuable leads for other agencies and future cases that may be brought. (E) From subsection (e)(2) because in a criminal or other law enforcement investigation, the requirement that information be collected to the greatest extent possible from the subject individual would VerDate Sep<11>2014 14:38 Feb 25, 2015 Jkt 235001 alert the subject as to the nature or existence of the investigation and thereby present a serious impediment to effective law enforcement. (F) From subsection (e)(3) because the requirement that individuals supplying information be provided with a form stating the requirements of subsection (e)(3) would constitute a serious impediment to law enforcement in that it could compromise the existence of a confidential investigation, reveal the identity of confidential sources of information and endanger the life and physical safety of confidential informants. (G) From subsections (e)(4)(G) and (e)(4)(H) because portions of this system of records have been exempted from access provisions of subsection (d), making these subsections not applicable. (H) From subsections (e)(4)(I) because the identity of specific sources must be withheld in order to protect the confidentiality of the sources of criminal and other law enforcement information. This exemption is further necessary to protect the privacy and physical safety of witnesses and informants. (I) From subsection (e)(5) because the requirement that records be maintained with attention to accuracy, relevance, timeliness, and completeness would unfairly hamper the investigative process. It is the nature of law enforcement for investigations to uncover the commission of illegal acts at diverse stages. It is frequently impossible to determine initially what information is accurate, relevant, timely, and least of all complete. With the passage of time, seemingly irrelevant or untimely information may acquire new significance as further investigation brings new details to light. (J) From subsection (e)(8) because the notice requirements of this provision could present a serious impediment to criminal law enforcement by revealing investigative techniques, procedures, and the existence of confidential investigations. (K) From subsection (f) because portions of this system of records have been exempted from the access provisions of subsection (d). (L) From subsection (g) because portions of this system of records are compiled for law enforcement purposes and have been exempted from the access provisions of subsections (d) and (f). (17) System identifier: A0195–2c USACIDC DoD. (i) System name: DoD Criminal Investigation Task Force (CITF) Files. (ii) Exemption: Parts of this system may be exempt pursuant to 5 U.S.C. 552a(j)(2) if the information is compiled and maintained by a component of the agency, which performs as its principal function any activity pertaining to the enforcement of criminal laws. Therefore, portions of this system of records may be exempt pursuant to 5 U.S.C. 552a(j)(2) from subsections 5 U.S.C. 552a(c)(3), (c)(4), (d), (e)(1), (e)(2), (e)(3), (e)(4)(G), (e)(4)(H), (e)(4)(I), (e)(5), (e)(8), (f), and (g). (iii) Authority: 5 U.S.C. 552a(j)(2). (iv) Reasons: (A) From subsection (c)(3) because the release of the disclosure accounting would permit the subject of a criminal investigation or matter under investigation to obtain valuable information PO 00000 Frm 00021 Fmt 4700 Sfmt 4700 10343 concerning the nature of that investigation which will present a serious impediment to law enforcement. (B) From subsection (c)(4) because an exemption is being claimed for subsection (d), making this subsection not applicable. (C) From subsection (d) because access to the records contained in this system would inform the subject of a criminal investigation of the existence of that investigation, provide the subject of the investigation with information that might enable him to avoid detection or apprehension, and would present a serious impediment to law enforcement. (D) From subsection (e)(1) because in the course of criminal investigations, information is often obtained concerning the violation of laws or civil obligations of others not relating to an active case or matter. In the interests of effective law enforcement, it is necessary that this information be retained since it can aid in establishing patters of activity and provide valuable leads for other agencies and future cases that may be brought. (E) From subsection (e)(2) because in a criminal or other law enforcement investigation, the requirement that information be collected to the greatest extent possible from the subject individual would alert the subject as to the nature or existence of the investigation and thereby present a serious impediment to effective law enforcement. (F) From subsection (e)(3) because the requirement that individuals supplying information be provided with a form stating the requirements of subsection (e)(3) would constitute a serious impediment to law enforcement in that it could compromise the existence of a confidential investigation, reveal the identity of confidential sources of information and endanger the life and physical safety of confidential informants. (G) From subsections (e)(4)(G) and (e)(4)(H) because portions of this system of records have been exempted from access provisions of subsection (d), making these subsections not applicable. (H) From subsection (e)(4)(I) because the identity of specific sources must be withheld in order to protect the confidentiality of the sources of criminal and other law enforcement information. This exemption is further necessary to protect the privacy and physical safety of witnesses and informants. (I) From subsection (e)(5) because the requirement that records be maintained with attention to accuracy, relevance, timeliness, and completeness would unfairly hamper the investigative process. It is the nature of law enforcement for investigations to uncover the commission of illegal acts at diverse stages. It is frequently impossible to determine initially what information is accurate, relevant, timely, and least of all complete. With the passage of time, seemingly irrelevant or untimely information may acquire new significance as further investigation brings new details to light. (J) From subsection (e)(8) because the notice requirements of this provision could present a serious impediment to criminal law enforcement by revealing investigative techniques, procedures, and the existence of confidential investigations. E:\FR\FM\26FER1.SGM 26FER1 rmajette on DSK2VPTVN1PROD with RULES 10344 Federal Register / Vol. 80, No. 38 / Thursday, February 26, 2015 / Rules and Regulations (K) From subsection (f) because portions of this system of records have been exempted from the access provisions of subsection (d). (L) From subsection (g) because portions of this system of records are compiled for law enforcement purposes and have been exempted from the access provisions of subsections (d) and (f). (18) System identifier: A0195–2d USACIDC DoD. (i) System name: Defense Criminal Investigation DNA Database and Sample Repository; CODIS Records. (ii) Exemption: Parts of this system may be exempt pursuant to 5 U.S.C 552a(j)(2) if the information is compiled and maintained by a component of the agency that performs as its principal function any activity pertaining to the enforcement of criminal laws. Therefore, portions of this system of records may be exempt pursuant to 5 U.S.C. 552a(j)(2) from subsections 5 U.S.C. 552a(c)(3), (c)(4), (d), (e)(1), (e)(2), (e)(3), (e)(4)(G), (e)(4)(H), (e)(4)(I), (e)(5), (e)(8), (f), and (g). (iii) Authority: 5 U.S.C 552a(j)(2). (iv) Reasons: (A) From subsection (c)(3) because the release of the disclosure accounting would permit the subject of a criminal investigation or matter under investigation to obtain valuable information concerning the nature of that investigation which will present a serious impediment to law enforcement. (B) From subsection (c)(4) because an exemption is being claimed for subsection (d), making this subsection not applicable. (C) From subsection (d) because access to the records contained in this system would inform the subject of a criminal investigation of the existence of that investigation, provide the subject of the investigation with information that might enable him to avoid detection or apprehension, and would present a serious impediment to law enforcement. (D) From subsection (e)(1) because in the course of criminal investigations, information is often obtained concerning the violation of laws or civil obligations of others not relating to an active case or matter. In the interests of effective law enforcement, it is necessary that this valuable information be retained since it can aid in establishing patterns of activity and provide valuable leads for other agencies and future cases that may be brought. (E) From subsection (e)(2) because in a criminal investigation, the requirement that information be collected to the greatest extent possible from the subject individual would present a serious impediment to law enforcement in that the subject of the investigation would be placed on notice of the existence of the investigation and would therefore be able to avoid detection. (F) From subsection (e)(3) because the requirement that individuals supplying information be provided with a form stating the requirements of subsection (e)(3) would constitute a serious impediment to law enforcement in that it could compromise the existence of a confidential investigation, reveal the identity of confidential sources of information and endanger the life and physical safety of confidential informants. VerDate Sep<11>2014 14:38 Feb 25, 2015 Jkt 235001 (G) From subsections (e)(4)(G) and (e)(4)(H) because portions of this system of records have been exempted from the access provisions of subsection (d), making these subsections not applicable. (H) From subsection (e)(4)(I) because the identity of specific sources must be withheld in order to protect the confidentiality of the sources of criminal and other law enforcement information. This exemption is further necessary to protect the privacy and physical safety of witnesses and informants. (I) From subsection (e)(5) because in the collection of information for law enforcement purposes it is impossible to determine in advance what information is accurate, relevant, timely, and complete. With the passage of time, seemingly irrelevant or untimely information may acquire new significance as further investigation brings new details to light and the accuracy of such information can only be determined in a court of law. The restrictions of subsection (e)(5) would restrict the ability of trained investigators and intelligence analysts to exercise their judgment reporting on investigations and impede the development of intelligence necessary for effective law enforcement. (J) From subsection (e)(8) because the individual notice requirements of subsection (e)(8) could present a serious impediment to law enforcement as this could interfere with the ability to issue search authorizations and could reveal investigative techniques and procedures. (K) From subsection (f) because portions of this system of records have been exempted from the access provisions of subsection (d). (L) From subsection (g) because portions of this system of records are compiled for law enforcement purposes and have been exempted from the access provisions of subsections (d) and (f). (19) System identifier: A0195–6 USACIDC. (i) System name: Criminal Investigation Accreditation and Polygraph Examiner Evaluation Files. (ii) Exemption: (A) Investigatory material compiled for law enforcement purposes, other than material within the scope of subsection 5 U.S.C. 552a(j)(2), may be exempt pursuant to 5 U.S.C. 552a(k)(2). However, if an individual is denied any right, privilege, or benefit for which he would otherwise be entitled by Federal law or for which he would otherwise be eligible, as a result of the maintenance of such information, the individual will be provided access to such information except to the extent that disclosure would reveal the identity of a confidential source. (B) Investigatory material compiled solely for the purpose of determining suitability, eligibility, or qualifications for federal civilian employment, military service, federal contracts, or access to classified information may be exempt pursuant to 5 U.S.C. 552a(k)(5), but only to the extent that such material would reveal the identity of a confidential source. (C) Evaluation material used to determine potential for promotion in the Military Services may be exempt pursuant to 5 U.S.C. 552a(k)(7), but only to the extent that the disclosure of such material would reveal the identity of a confidential source. PO 00000 Frm 00022 Fmt 4700 Sfmt 4700 (D) Therefore, portions of this system of records may be exempt pursuant to 5 U.S.C. 552a(k)(2), (k)(5), or (k)(7) from subsections 5 U.S.C. 552a (c)(3), (d), (e)(1), (e)(4)(G), (e)(4)(H), and (f). (iii) Authority: 5 U.S.C. 552a(k)(2), (k)(5), and (k)(7). (iv) Reasons: (A) From subsections (c)(3) because the release of the disclosure accounting would permit the subject of a criminal investigation or matter under investigation to obtain valuable information concerning the nature of that investigation which will present a serious impediment to law enforcement. (B) From subsection (d), because access to the records contained in this system would inform the subject of a criminal investigation of the existence of that investigation, provide the subject of the investigation with information that might enable him to avoid detection or apprehension, and would present a serious impediment to law enforcement. (C) From subsection (e)(1) because in the course of criminal investigations, information is often obtained concerning the violation of laws or civil obligations of others not relating to an active case or matter. In the interests of effective law enforcement, it is necessary that this valuable information be retained since it can aid in establishing patterns of activity and provide valuable leads for other agencies and future cases that may be brought. (D) From subsections (e)(4)(G) and (e)(4)(H) because portions of this system of records have been exempted from the access provisions of subsection (d), making these subsections not applicable. (E) From subsection (e)(4)(I) because the identity of specific sources must be withheld in order to protect the confidentiality of the sources of criminal and other law enforcement information. This exemption is further necessary to protect the privacy and physical safety of witnesses and informants. (F) From subsection (f) because portions of this system of records have been exempted from the access provisions of subsection (d). (20) System identifier: A02107 DAMO. (i) System name: Expelled or Barred Person Files. (ii) Exemption: Parts of this system may be exempt pursuant to 5 U.S.C. 552a(j)(2) if the information is compiled and maintained by a component of the agency, which performs as its principal function any activity pertaining to the enforcement of criminal laws. Therefore, portions of this system of records may be exempt pursuant to 5 U.S.C. 552a(j)(2) from subsections 5 U.S.C. 552a(c)(3), (c)(4), (d), (e)(1), (e)(2), (e)(3), (e)(4)(G), (e)(4)(H), (e)(4)(I), (e)(8), (f) and (g). (iii) Authority: 5 U.S.C. 552a(j)(2). (iv) Reasons: (A) From subsection From subsection (c)(3) because the release of the disclosure accounting would permit the subject of a criminal investigation or matter under investigation to obtain valuable information concerning the nature of that investigation which will present a serious impediment to law enforcement. (B) From subsection (c)(4) because an exemption is being claimed for subsection (d), making this subsection not applicable. E:\FR\FM\26FER1.SGM 26FER1 rmajette on DSK2VPTVN1PROD with RULES Federal Register / Vol. 80, No. 38 / Thursday, February 26, 2015 / Rules and Regulations (C) From subsection (d) because access to the records contained in this system would inform the subject of a criminal investigation of the existence of that investigation, provide the subject of the investigation with information that might enable him to avoid detection or apprehension, and would present a serious impediment to law enforcement. (D) From subsection (e)(1) because in the course of criminal investigations, information is often obtained concerning the violation of laws or civil obligations of others not relating to an active case or matter. In the interests of effective law enforcement, it is necessary that this valuable information be retained since it can aid in establishing patterns of activity and provide valuable leads for other agencies and future cases that may be brought. (E) From subsection (e)(2) because in a criminal investigation, the requirement that information be collected to the greatest extent possible from the subject individual would present a serious impediment to law enforcement in that the subject of the investigation would be placed on notice of the existence of the investigation and would therefore be able to avoid detection. (F) From subsection (e)(3) because the requirement that individuals supplying information be provided with a form stating the requirements of subsection (e)(3) would constitute a serious impediment to law enforcement in that it could compromise the existence of a confidential investigation, reveal the identity of confidential sources of information and endanger the life and physical safety of confidential informants. (G) From subsections (e)(4)(G) and (e)(4)(H) because portions of this system of records have been exempted from the access provisions of subsection (d), making these subsections not applicable. (H) From subsection (e)(4)(I) because the identity of specific sources must be withheld in order to protect the confidentiality of the sources of criminal and other law enforcement information. This exemption is further necessary to protect the privacy and physical safety of witnesses and informants. (I) From subsection (e)(8) because the individual notice requirements of subsection (e)(8) could present a serious impediment to law enforcement as this could interfere with the ability to issue search authorizations and could reveal investigative techniques and procedures. (J) From subsection (f) because portions of this system of records have been exempted from the access provisions of subsection (d). (K) From subsection (g) because portions of this system of records are compiled for law enforcement purposes and have been exempted from the access provisions of subsections (d) and (f). (21) System identifier: A0340–21 OAA. (i) System name: Privacy Case Files. (ii) Exemption: During the processing of a Privacy Act request (which may include access requests, amendment requests, and requests for review for initial denials of such requests), exempt materials from other systems of records may in turn become part of the case record in this system. To the extent that copies of exempt records from VerDate Sep<11>2014 14:38 Feb 25, 2015 Jkt 235001 those ‘other’ systems of records are entered into this system, the Department of the Army hereby claims the same exemptions. (iii) Authority: 5 U.S.C. 552a(j)(2), and (k)(1) through (k)(7). (iv) Records are only exempt from pertinent provisions of 5 U.S.C. 552a to the extent such provisions have been identified and an exemption claimed for the original record and the purposes underlying the exemption for the original record still pertain to the record which is now contained in this system of records. In general, the exemptions were claimed in order to protect properly classified information relating to national defense and foreign policy, to avoid interference during the conduct of criminal, civil, or administrative actions or investigations, to ensure protective services provided to the President and others are not compromised, to protect records used solely as statistical records, to protect the identity of confidential sources incident to Federal employment, military service, contract, and security clearance determinations, and to preserve the confidentiality and integrity of Federal evaluation materials. The exemption rule for the original records will identify the specific reasons why the records may be exempt from specific provisions of 5 U.S.C. 552a. (22) System identifier: A0351–12 DAPE. (i) System name: Applicants/Students, U.S. Military Academy Prep School. (ii) Exemption: (A) Investigatory material compiled solely for the purpose of determining suitability, eligibility, or qualifications for federal civilian employment, military service, federal contracts, or access to classified information may be exempt pursuant to 5 U.S.C. 552a(k)(5), but only to the extent that such material would reveal the identity of a confidential source. (B) Evaluation material used to determine potential for promotion in the Military Services may be exempt pursuant to 5 U.S.C. 552a(k)(7), but only to the extent that the disclosure of such material would reveal the identity of a confidential source. (C) It is imperative that the confidential nature of evaluation material on individuals, furnished to the U.S. Military Academy Preparatory School under an express promise of confidentiality, be maintained to ensure the candid presentation of information necessary in determinations involving admission to or retention at the United States Military Academy and suitability for commissioned military service. (D) Therefore, portions of this system of records may be exempt pursuant to 5 U.S.C. 552a(k)(5) and (k)(7) subsections 5 U.S.C. 552a(c)(3), (d), (e)(1), (e)(4)(G), (e)(4)(H), (e)(4)(I), and (f). (iii) Authority: 5 U.S.C. 552a(k)(5) and (k)(7). (iv) Reasons: (A) From subsections (c)(3) because the release of the disclosure accounting would permit the subject of a criminal investigation or matter under investigation to obtain valuable information concerning the nature of that investigation which will present a serious impediment to law enforcement. (B) From subsection (d), because access to the records contained in this system would PO 00000 Frm 00023 Fmt 4700 Sfmt 4700 10345 inform the subject of a criminal investigation of the existence of that investigation, provide the subject of the investigation with information that might enable him to avoid detection or apprehension, and would present a serious impediment to law enforcement. (C) From subsection (e)(1) because in the course of criminal investigations, information is often obtained concerning the violation of laws or civil obligations of others not relating to an active case or matter. In the interests of effective law enforcement, it is necessary that this valuable information be retained since it can aid in establishing patterns of activity and provide valuable leads for other agencies and future cases that may be brought. (D) From subsections (e)(4)(G) and (e)(4)(H) because portions of this system of records have been exempted from the access provisions of subsection (d), making these subsections not applicable. (E) From subsection (e)(4)(I) because the identity of specific sources must be withheld in order to protect the confidentiality of the sources of criminal and other law enforcement information. This exemption is further necessary to protect the privacy and physical safety of witnesses and informants. (F) From subsection (f) because portions of this system of records have been exempted from the access provisions of subsection (d). (23) System identifier: A0351–17a USMA. (i) System name: U.S. Military Academy Candidate Files. (ii) Exemption: (A) Investigatory material compiled solely for the purpose of determining suitability, eligibility, or qualifications for federal civilian employment, military service, federal contracts, or access to classified information may be exempt pursuant to 5 U.S.C. 552a(k)(5), but only to the extent that such material would reveal the identity of a confidential source. (B) Testing or examination material used solely to determine individual qualifications for appointment or promotion in the Federal service may be exempt pursuant to 5 U.S.C. 552a(k)(6), if the disclosure would compromise the objectivity or fairness of the test or examination process. (C) Evaluation material used to determine potential for promotion in the Military Services may be exempt pursuant to 5 U.S.C. 552a(k)(7), but only to the extent that the disclosure of such material would reveal the identity of a confidential source. (D) Therefore, portions of this system of records may be exempt pursuant to 5 U.S.C. 552a(k)(5), (k)(6) or (k)(7) from subsections 5 U.S.C. 552a(c)(3), (d), (e)(1), (e)(4)(G), (e)(4)(H), (e)(4)(I), and (f). (iii) Authority: 5 U.S.C. 552a(k)(5), (k)(6) and (k)(7). (iv) Reasons: (A) From subsections (c)(3) because the release of the disclosure accounting would permit the subject of a criminal investigation or matter under investigation to obtain valuable information concerning the nature of that investigation which will present a serious impediment to law enforcement. (B) From subsection (d), because access to the records contained in this system would E:\FR\FM\26FER1.SGM 26FER1 rmajette on DSK2VPTVN1PROD with RULES 10346 Federal Register / Vol. 80, No. 38 / Thursday, February 26, 2015 / Rules and Regulations inform the subject of a criminal investigation of the existence of that investigation, provide the subject of the investigation with information that might enable him to avoid detection or apprehension, and would present a serious impediment to law enforcement. (C) From subsection (e)(1) because in the course of criminal investigations, information is often obtained concerning the violation of laws or civil obligations of others not relating to an active case or matter. In the interests of effective law enforcement, it is necessary that this valuable information be retained since it can aid in establishing patterns of activity and provide valuable leads for other agencies and future cases that may be brought. (D) From subsections (e)(4)(G) and (e)(4)(H) because portions of this system of records have been exempted from the access provisions of subsection (d), making these subsections not applicable. (E) From subsection (e)(4)(I) because the identity of specific sources must be withheld in order to protect the confidentiality of the sources of criminal and other law enforcement information. This exemption is further necessary to protect the privacy and physical safety of witnesses and informants. (F) From subsection (f) because portions of this system of records have been exempted from the access provisions of subsection (d). (24) System identifier: A0351–17b USMA. (i) System name: U.S. Military Academy Management System Records. (ii) Exemption: (A) Investigatory material compiled solely for the purpose of determining suitability, eligibility, or qualifications for federal civilian employment, military service, federal contracts, or access to classified information may be exempt pursuant to 5 U.S.C. 552a(k)(5), but only to the extent that such material would reveal the identity of a confidential source. (B) Evaluation material used to determine potential for promotion in the Military Services may be exempt pursuant to 5 U.S.C. 552a(k)(7), but only to the extent that the disclosure of such material would reveal the identity of a confidential source. (C) It is imperative that the confidential nature of evaluation and investigatory material on candidates, cadets, and graduates, furnished to the United States Military Academy under a promise of confidentiality be maintained to ensure the candid presentation of information necessary in determinations involving admissions to the Military Academy and suitability for commissioned service and future promotion. (D) Therefore, portions of this system of records may be exempt pursuant to 5 U.S.C. 552a(k)(5) or (k)(7) from subsections 5 U.S.C. 552a(c)(3), (d), (e)(1), (e)(4)(G), (e)(4)(H), (e)(4)(I), and (f). (iii) Authority: 5 U.S.C. 552a(k)(5) and (k)(7). (iv) Reasons: (A) From subsections (c)(3) because the release of the disclosure accounting would permit the subject of a criminal investigation or matter under investigation to obtain valuable information concerning the nature of that investigation which will present a serious impediment to law enforcement. VerDate Sep<11>2014 14:38 Feb 25, 2015 Jkt 235001 (B) From subsection (d), because access to the records contained in this system would inform the subject of a criminal investigation of the existence of that investigation, provide the subject of the investigation with information that might enable him to avoid detection or apprehension, and would present a serious impediment to law enforcement. (C) From subsection (e)(1) because in the course of criminal investigations, information is often obtained concerning the violation of laws or civil obligations of others not relating to an active case or matter. In the interests of effective law enforcement, it is necessary that this valuable information be retained since it can aid in establishing patterns of activity and provide valuable leads for other agencies and future cases that may be brought. (D) From subsections (e)(4)(G) and (e)(4)(H) because portions of this system of records have been exempted from the access provisions of subsection (d), making these subsections not applicable. (E) From subsection (e)(4)(I) because the identity of specific sources must be withheld in order to protect the confidentiality of the sources of criminal and other law enforcement information. This exemption is further necessary to protect the privacy and physical safety of witnesses and informants. (F) From subsection (f) because portions of this system of records have been exempted from the access provisions of subsection (d). (25) System identifier: A0380–67 DAMI. (i) System name: Personnel Security Clearance Information Files. (ii) Exemption: (A) Information specifically authorized to be classified under E.O. 12958, as implemented by DoD 5200.1–R, may be exempt pursuant to 5 U.S.C. 552a(k)(1). (B) Investigatory material compiled for law enforcement purposes, other than material within the scope of subsection 5 U.S.C. 552a(j)(2), may be exempt pursuant to 5 U.S.C. 552a(k)(2). However, if an individual is denied any right, privilege, or benefit for which he would otherwise be entitled by Federal law or for which he would otherwise be eligible, as a result of the maintenance of such information, the individual will be provided access to such information except to the extent that disclosure would reveal the identity of a confidential source. (C) Investigatory material compiled solely for the purpose of determining suitability, eligibility, or qualifications for federal civilian employment, military service, federal contracts, or access to classified information may be exempt pursuant to 5 U.S.C. 552a(k)(5), but only to the extent that such material would reveal the identity of a confidential source. (D) Therefore, portions of this system of records may be exempt pursuant to 5 U.S.C. 552a(k)(1), (k)(2), or (k)(5) from subsections 5 U.S.C. 552a(c)(3), (d), (e)(1), (e)(4)(G), (e)(4)(H), (e)(4)(I) and (f). (iii) Authority: 5 U.S.C. 552a(k)(1), (k)(2), or (k)(5). (iv) Reasons: From subsection (c)(3) because the release of the disclosure accounting would permit the subject of a criminal investigation or matter under investigation to obtain valuable information PO 00000 Frm 00024 Fmt 4700 Sfmt 4700 concerning the nature of that investigation which will present a serious impediment to law enforcement. (B) From subsection (d), because access to the records contained in this system would inform the subject of a criminal investigation of the existence of that investigation, provide the subject of the investigation with information that might enable him to avoid detection or apprehension, and would present a serious impediment to law enforcement. (C) From subsection (e)(1) because in the course of criminal investigations, information is often obtained concerning the violation of laws or civil obligations of others not relating to an active case or matter. In the interests of effective law enforcement, it is necessary that this valuable information be retained since it can aid in establishing patterns of activity and provide valuable leads for other agencies and future cases that may be brought. (D) From subsections (e)(4)(G) and (e)(4)(H) because portions of this system of records have been exempted from the access provisions of subsection (d), making these subsections not applicable. (E) From subsection (e)(4)(I) because the identity of specific sources must be withheld in order to protect the confidentiality of the sources of criminal and other law enforcement information. This exemption is further necessary to protect the privacy and physical safety of witnesses and informants. (F) From subsection (f) because portions of this system of records have been exempted from the access provisions of subsection (d). (26) System identifier: A0381–20b DAMI. (i) System name: Foreign Intelligence/ Counterintelligence/Information Operations/ Security Files (ii) Exemption: (A) Information specifically authorized to be classified under E.O. 12958, as implemented by DoD 5200.1–R, may be exempt pursuant to 5 U.S.C. 552a(k)(1). (B) Investigatory material compiled for law enforcement purposes, other than material within the scope of subsection 5 U.S.C. 552a(j)(2), may be exempt pursuant to 5 U.S.C. 552a(k)(2). However, if an individual is denied any right, privilege, or benefit for which he would otherwise be entitled by Federal law or for which he would otherwise be eligible, as a result of the maintenance of such information, the individual will be provided access to such information except to the extent that disclosure would reveal the identity of a confidential source. (C) Investigatory material compiled solely for the purpose of determining suitability, eligibility, or qualifications for federal civilian employment, military service, federal contracts, or access to classified information may be exempt pursuant to 5 U.S.C. 552a(k)(5), but only to the extent that such material would reveal the identity of a confidential source. (D) Therefore, portions of this system of records may be exempt pursuant to 5 U.S.C. 552a(k)(1), (k)(2) and (k)(5) from subsections 5 U.S.C. 552a(c)(3), (d), (e)(1), (e)(4)(G), (e)(4)(H), (e)(4)(I), and (f). (E) To the extent that copies of exempt records from external systems of records are entered into A0381–10b DAMI, the Army E:\FR\FM\26FER1.SGM 26FER1 rmajette on DSK2VPTVN1PROD with RULES Federal Register / Vol. 80, No. 38 / Thursday, February 26, 2015 / Rules and Regulations hereby claims the same exemptions for those records as claimed for the original primary system of which they are a part. (iii) Authority: 5 U.S.C. 552a(j)(2), and (k)(1) through (k)(7). (iv) Reasons: (A) From subsection (c)(3) because the release of the disclosure accounting would permit the subject of a criminal investigation or matter under investigation to obtain valuable information concerning the nature of that investigation which will present a serious impediment to law enforcement. (B) From subsection (d), because access to the records contained in this system would inform the subject of a criminal investigation of the existence of that investigation, provide the subject of the investigation with information that might enable him to avoid detection or apprehension, and would present a serious impediment to law enforcement. (C) From subsection (e)(1) because in the course of criminal investigations, information is often obtained concerning the violation of laws or civil obligations of others not relating to an active case or matter. In the interests of effective law enforcement, it is necessary that this valuable information be retained since it can aid in establishing patterns of activity and provide valuable leads for other agencies and future cases that may be brought. (D) From subsections (e)(4)(G) and (e)(4)(H) because portions of this system of records have been exempted from the access provisions of subsection (d), making these subsections not applicable. (E) From subsection (e)(4)(I) because the identity of specific sources must be withheld in order to protect the confidentiality of the sources of criminal and other law enforcement information. This exemption is further necessary to protect the privacy and physical safety of witnesses and informants. (F) From subsection (f) because portions of this system of records have been exempted from the access provisions of subsection (d). (G) For records that are copies of exempt records from external systems of records, such records are only exempt from pertinent provisions of 5 U.S.C. 552a to the extent such provisions have been identified and an exemption claimed for the original record and the purposes underlying the exemption for the original record still pertain to the record which is now contained in this system of records. In general, the exemptions were claimed in order to protect properly classified information relating to national defense and foreign policy, to avoid interference during the conduct of criminal, civil, or administrative actions or investigations, to ensure protective services provided to the President and others are not compromised, to protect records used solely as statistical records, to protect the identity of confidential sources incident to Federal employment, military service, contract, and security clearance determinations, to preserve the confidentiality and integrity of Federal testing materials, and to safeguard evaluation materials used for military promotions when furnished by a confidential source. The exemption rule for the original records will identify the specific reasons why VerDate Sep<11>2014 14:38 Feb 25, 2015 Jkt 235001 the records are exempt from specific provisions of 5 U.S.C. 552a. (27) System identifier: A0381–100a DAMI. (i) System name: Intelligence/ Counterintelligence Source Files. (ii) Exemption: (A) Information specifically authorized to be classified under E.O. 12958, as implemented by DoD 5200.1–R, may be exempt pursuant to 5 U.S.C. 552a(k)(1). (B) Investigatory material compiled for law enforcement purposes, other than material within the scope of subsection 5 U.S.C. 552a(j)(2), may be exempt pursuant to 5 U.S.C. 552a(k)(2). However, if an individual is denied any right, privilege, or benefit for which he would otherwise be entitled by Federal law or for which he would otherwise be eligible, as a result of the maintenance of such information, the individual will be provided access to such information except to the extent that disclosure would reveal the identity of a confidential source. (C) Investigatory material compiled solely for the purpose of determining suitability, eligibility, or qualifications for federal civilian employment, military service, federal contracts, or access to classified information may be exempt pursuant to 5 U.S.C. 552a(k)(5), but only to the extent that such material would reveal the identity of a confidential source. (D) Therefore, portions of this system of records may be exempt pursuant to 5 U.S.C. 552a(k)(1), (k)(2), or (k)(5) from subsections 5 U.S.C. 552a(c)(3), (d), (e)(1), (e)(4)(G), (e)(4)(H), (e)(4)(I), and (f). (iii) Authority: 5 U.S.C. 552a(k)(1), (k)(2), and (k)(5). (iv) Reasons: (A) From subsection (c)(3) because the release of the disclosure accounting would permit the subject of a criminal investigation or matter under investigation to obtain valuable information concerning the nature of that investigation which will present a serious impediment to law enforcement. (B) From subsection (d), because access to the records contained in this system would inform the subject of a criminal investigation of the existence of that investigation, provide the subject of the investigation with information that might enable him to avoid detection or apprehension, and would present a serious impediment to law enforcement. (C) From subsection (e)(1) because in the course of criminal investigations, information is often obtained concerning the violation of laws or civil obligations of others not relating to an active case or matter. In the interests of effective law enforcement, it is necessary that this valuable information be retained since it can aid in establishing patterns of activity and provide valuable leads for other agencies and future cases that may be brought. (D) From subsections (e)(4)(G) and (e)(4)(H) because portions of this system of records have been exempted from the access provisions of subsection (d), making these subsections not applicable. (E) From subsection (e)(4)(I) because the identity of specific sources must be withheld in order to protect the confidentiality of the sources of criminal and other law enforcement information. This exemption is PO 00000 Frm 00025 Fmt 4700 Sfmt 4700 10347 further necessary to protect the privacy and physical safety of witnesses and informants. (F) From subsection (f) because portions of this system of records have been exempted from the access provisions of subsection (d). (28) System identifier: A0381–100b DAMI. (i) System name: Technical Surveillance Index. (ii) Exemption: (A) Information specifically authorized to be classified under E.O. 12958, as implemented by DoD 5200.1–R, may be exempt pursuant to 5 U.S.C. 552a(k)(1). (B) Investigatory material compiled for law enforcement purposes, other than material within the scope of subsection 5 U.S.C. 552a(j)(2), may be exempt pursuant to 5 U.S.C. 552a(k)(2). However, if an individual is denied any right, privilege, or benefit for which he would otherwise be entitled by Federal law or for which he would otherwise be eligible, as a result of the maintenance of such information, the individual will be provided access to such information except to the extent that disclosure would reveal the identity of a confidential source. (C) Investigatory material compiled solely for the purpose of determining suitability, eligibility, or qualifications for federal civilian employment, military service, federal contracts, or access to classified information may be exempt pursuant to 5 U.S.C. 552a(k)(5), but only to the extent that such material would reveal the identity of a confidential source. (D) Therefore, portions of this system of records may be exempt pursuant to 5 U.S.C. 552a(k)(1), (k)(2), or (k)(5) from subsections 5 U.S.C. 552a(c)(3), (d), (e)(1), (e)(4)(G), (e)(4)(H), (e)(4)(I), and (f). (iii) Authority: 5 U.S.C. 552a(k)(1), (k)(2) or (k)(5). (iv) Reasons: (A) From subsection (c)(3) because the release of the disclosure accounting would permit the subject of a criminal investigation or matter under investigation to obtain valuable information concerning the nature of that investigation which will present a serious impediment to law enforcement. (B) From subsection (d), because access to the records contained in this system would inform the subject of a criminal investigation of the existence of that investigation, provide the subject of the investigation with information that might enable him to avoid detection or apprehension, and would present a serious impediment to law enforcement. (C) From subsection (e)(1) because in the course of criminal investigations, information is often obtained concerning the violation of laws or civil obligations of others not relating to an active case or matter. In the interests of effective law enforcement, it is necessary that this valuable information be retained since it can aid in establishing patterns of activity and provide valuable leads for other agencies and future cases that may be brought. (D) From subsections (e)(4)(G) and (e)(4)(H) because portions of this system of records have been exempted from the access provisions of subsection (d), making these subsections not applicable. (E) From subsection (e)(4)(I) because the identity of specific sources must be withheld E:\FR\FM\26FER1.SGM 26FER1 rmajette on DSK2VPTVN1PROD with RULES 10348 Federal Register / Vol. 80, No. 38 / Thursday, February 26, 2015 / Rules and Regulations in order to protect the confidentiality of the sources of criminal and other law enforcement information. This exemption is further necessary to protect the privacy and physical safety of witnesses and informants. (F) From subsection (f) because portions of this system of records have been exempted from the access provisions of subsection (d). (29) System identifier: A0600–20 DCS G–1. (i) System name: Sexual Assault (SADMS) and Sexual Harassment (SHARP) Program Records. (ii) Exemptions: This system of records is a compilation of information from other Department of Defense/Army systems of records. To the extent that copies of exempt records from those other systems of records are entered into this system of records, the Army G–1 hereby claims the same exemptions for the records from those other systems. (iii) Authority: 5 U.S.C. 552a(j)(2), and (k)(1) through (k)(7). (iv) Reasons: Records are only exempt from pertinent provisions of 5 U.S.C. 552a to the extent such provisions have been identified and an exemption claimed for the original record and the purposes underlying the exemption for the original record still pertain to the record which is now contained in this system of records. In general, the exemptions were claimed in order to protect properly classified information relating to national defense and foreign policy, to avoid interference during the conduct of criminal, civil, or administrative actions or investigations, to ensure protective services provided to the President and others are not compromised, to protect records used solely as statistical records, to protect the identity of confidential sources incident to Federal employment, military service, contract, and security clearance determinations, to preserve the confidentiality and integrity of Federal testing materials, and to safeguard evaluation materials used for military promotions when furnished by a confidential source. The exemption rule for the original records will identify the specific reasons why the records may be exempt from specific provisions of 5 U.S.C. 552a. (30) System identifier: A0601–141 DASG. (i) System name: Applications for Appointment to Army Medical Department. (ii) Exemption: Investigatory material compiled solely for the purpose of determining suitability, eligibility, or qualifications for federal civilian employment, military service, federal contracts, or access to classified information may be exempt pursuant to 5 U.S.C. 552a(k)(5), but only to the extent that such material would reveal the identity of a confidential source. Therefore, portions of the system of records may be exempt pursuant to 5 U.S.C. 552(a)(k)(5) from subsections 5 U.S.C. 552a(c)(3), (d), (e)(1), (e)(4)(G), (e)(4)(H), (e)(4)(I), and (f). (iii) Authority: 5 U.S.C. 552a(k)(5). (iv) Reasons: (A) From subsection (c)(3) because the release of the disclosure accounting would permit the subject of a criminal investigation or matter under investigation to obtain valuable information concerning the nature of that investigation VerDate Sep<11>2014 14:38 Feb 25, 2015 Jkt 235001 which will present a serious impediment to law enforcement. (B) From subsection (d), because access to the records contained in this system would inform the subject of a criminal investigation of the existence of that investigation, provide the subject of the investigation with information that might enable him to avoid detection or apprehension, and would present a serious impediment to law enforcement. (C) From subsection (e)(1) because in the course of criminal investigations, information is often obtained concerning the violation of laws or civil obligations of others not relating to an active case or matter. In the interests of effective law enforcement, it is necessary that this valuable information be retained since it can aid in establishing patterns of activity and provide valuable leads for other agencies and future cases that may be brought. (D) From subsections (e)(4)(G) and (e)(4)(H) because portions of this system of records have been exempted from the access provisions of subsection (d), making these subsections not applicable. (E) From subsection (e)(4)(I) because the identity of specific sources must be withheld in order to protect the confidentiality of the sources of criminal and other law enforcement information. This exemption is further necessary to protect the privacy and physical safety of witnesses and informants. (F) From subsection (f) because portions of this system of records have been exempted from the access provisions of subsection (d). (31) System identifier: A0601–210a USAREC. (i) System name: Enlisted Eligibility Files. (ii) Exemption: Investigatory material compiled solely for the purpose of determining suitability, eligibility, or qualifications for federal civilian employment, military service, federal contracts, or access to classified information may be exempt pursuant to 5 U.S.C. 552a(k)(5), but only to the extent that such material would reveal the identity of a confidential source. Therefore, portions of this system of records may be exempt pursuant to 5 U.S.C. 552a(k)(5) from subsections 5 U.S.C. 552a(c)(3), (d), (e)(1), (e)(4)(G), (e)(4)(H), (e)(4)(I), and (f). (iii) Authority: 5 U.S.C. 552a(k)(5). (iv) Reasons: (A) From subsection (c)(3) because the release of the disclosure accounting would permit the subject of a criminal investigation or matter under investigation to obtain valuable information concerning the nature of that investigation which will present a serious impediment to law enforcement. (B) From subsection (d), because access to the records contained in this system would inform the subject of a criminal investigation of the existence of that investigation, provide the subject of the investigation with information that might enable him to avoid detection or apprehension, and would present a serious impediment to law enforcement. (C) From subsection (e)(1) because in the course of criminal investigations, information is often obtained concerning the violation of laws or civil obligations of others not relating PO 00000 Frm 00026 Fmt 4700 Sfmt 4700 to an active case or matter. In the interests of effective law enforcement, it is necessary that this valuable information be retained since it can aid in establishing patterns of activity and provide valuable leads for other agencies and future cases that may be brought. (D) From subsections (e)(4)(G) and (e)(4)(H) because portions of this system of records have been exempted from the access provisions of subsection (d), making these subsections not applicable. (E) From subsection (e)(4)(I) because the identity of specific sources must be withheld in order to protect the confidentiality of the sources of criminal and other law enforcement information. This exemption is further necessary to protect the privacy and physical safety of witnesses and informants. (F) From subsection (f) because portions of this system of records have been exempted from the access provisions of subsection (d). (32) System identifier: A0601–222 USMEPCOM. (i) System name: Armed Services Military Accession Testing. (ii) Exemption: Testing or examination material used solely to determine individual qualifications for appointment or promotion in the Federal service or military service may be exempt pursuant to 5 U.S.C. 552a(k)(6), if the disclosure would compromise the objectivity or fairness of the test or examination process. Therefore, portions of the system of records may be exempt pursuant to 5 U.S.C. 552a(k)(6), from subsection 5 U.S.C. 552a(d). (iii) Authority: 5 U.S.C. 552a(k)(6). (iv) Reasons: An exemption is required for those portions of the Skill Qualification Test system pertaining to individual item responses and scoring keys to preclude compromise of the test and to ensure fairness and objectivity of the evaluation system. (33) System identifier: A0608–18 DASG. (i) System name: Army Family Advocacy Program Files. (ii) Exemptions: (A) Investigatory material compiled for law enforcement purposes, other than material within the scope of subsection 5 U.S.C. 552a(j)(2), may be exempt pursuant to 5 U.S.C. 552a(k)(2). However, if an individual is denied any right, privilege, or benefit for which he would otherwise be entitled by Federal law or for which he would otherwise be eligible, as a result of the maintenance of such information, the individual will be provided access to such information except to the extent that disclosure would reveal the identity of a confidential source. (B) Investigative material compiled solely for the purpose of determining suitability, eligibility, or qualifications for federal civilian employment, military service, federal contracts, or access to classified information may be exempt pursuant to 5 U.S.C. 552a(k)(5), but only to the extent that such material would reveal the identity of a confidential source. (C) Therefore, portions of the system of records may be exempt pursuant to 5 U.S.C. 552a(k)(2) or (k)(5) from subsections 5 U.S.C. 552a(c)(3), (d), (e)(1), (e)(4)(G), (e)(4)(H), (e)(4)(I) and (f). (iii) Authority: 5 U.S.C. 552a(k)(2) and (k)(5). E:\FR\FM\26FER1.SGM 26FER1 rmajette on DSK2VPTVN1PROD with RULES Federal Register / Vol. 80, No. 38 / Thursday, February 26, 2015 / Rules and Regulations (iv) Reason: (A) From subsection (c)(3) because the release of the disclosure accounting would permit the subject of a criminal investigation or matter under investigation to obtain valuable information concerning the nature of that investigation which will present a serious impediment to law enforcement. (B) From subsection (d) because access to the records contained in this system would inform the subject of a criminal investigation of the existence of that investigation, provide the subject of the investigation with information that might enable him to avoid detection or apprehension, and would present a serious impediment to law enforcement. (C) From subsection (e)(1) because in the course of criminal investigations, information is often obtained concerning the violation of laws or civil obligations of others not relating to an active case or matter. In the interests of effective law enforcement, it is necessary that this valuable information be retained since it can aid in establishing patterns of activity and provide valuable leads for other agencies and future cases that may be brought. (D) From subsections (e)(4)(G) and (e)(4)(H) because the requirements in those subsections are inapplicable to the extent that portions of this system of records may be exempt from subsection (d), concerning individual access. (E) From subsection (e)(4)(I) because the identity of specific sources must be withheld in order to protect the confidentiality of the sources of criminal and other law enforcement information. This exemption is further necessary to protect the privacy and physical safety of witnesses and informants. (F) From subsection (f) because portions of this system of records have been exempted from the access provisions of subsection (d). (34) System identifier: A0614–115 DAMI. (i) System name: Department of the Army Operational Support Activities. (ii) Exemption: (A) Information specifically authorized to be classified under E.O. 12958, as implemented by DoD 5200.1–R, may be exempt pursuant to 5 U.S.C. 552a(k)(1). (B) Investigatory material compiled for law enforcement purposes, other than material within the scope of subsection 5 U.S.C. 552a(j)(2), may be exempt pursuant to 5 U.S.C. 552a(k)(2). However, if an individual is denied any right, privilege, or benefit for which he would otherwise be entitled by Federal law or for which he would otherwise be eligible, as a result of the maintenance of such information, the individual will be provided access to such information except to the extent that disclosure would reveal the identity of a confidential source. (C) Investigatory material compiled solely for the purpose of determining suitability, eligibility, or qualifications for federal civilian employment, military service, federal contracts, or access to classified information may be exempt pursuant to 5 U.S.C. 552a(k)(5), but only to the extent that such material would reveal the identity of a confidential source. (D) Therefore, portions of this system of records may be exempt pursuant to 5 U.S.C. 552a(k)(1), (k)(2), or (k)(5) from subsections 5 VerDate Sep<11>2014 14:38 Feb 25, 2015 Jkt 235001 U.S.C. 552a(c)(3), (d), (e)(1), (e)(4)(G), (e)(4)(H), (e)(4)(I) and (f). (iii) Authority: 5 U.S.C. 552a(k)(1), (k)(2), and (k)(5). (iv) Reasons: (A) From subsection (c)(3) because the release of the disclosure accounting would permit the subject of a criminal investigation or matter under investigation to obtain valuable information concerning the nature of that investigation which will present a serious impediment to law enforcement. (B) From subsection (d), because access to the records contained in this system would inform the subject of a criminal investigation of the existence of that investigation, provide the subject of the investigation with information that might enable him to avoid detection or apprehension, and would present a serious impediment to law enforcement. (C) From subsection (e)(1) because in the course of criminal investigations, information is often obtained concerning the violation of laws or civil obligations of others not relating to an active case or matter. In the interests of effective law enforcement, it is necessary that this valuable information be retained since it can aid in establishing patterns of activity and provide valuable leads for other agencies and future cases that may be brought. (D) From subsections (e)(4)(G) and (e)(4)(H) because portions of this system of records have been exempted from the access provisions of subsection (d), making these subsections not applicable. (E) From subsection (e)(4)(I) because the identity of specific sources must be withheld in order to protect the confidentiality of the sources of criminal and other law enforcement information. This exemption is further necessary to protect the privacy and physical safety of witnesses and informants. (F) From subsection (f) because portions of this system of records have been exempted from the access provisions of subsection (d). (35) System identifier: A0025–2 PMG (DFBA) DoD (i) System name: Defense Biometrics Identification Records System (ii) Exemptions: (A) Investigatory material compiled for law enforcement purposes may be exempt pursuant to 5 U.S.C. 552a(k)(2). However, if an individual is denied any right, privilege, or benefit for which he would otherwise be entitled by Federal law or for which he would otherwise be eligible, as a result of the maintenance of such information, the individual will be provided access to such information except to the extent that disclosure would reveal the identity of a confidential source. (B) Exempt materials from other sources listed above may become part of the case records in this system of records. To the extent that copies of exempt records from other sources listed above are entered into these case records, the Department of the Army hereby claims the same exemptions, (j)(2) and (k)(2), for the records as claimed by the source systems, specifically to the extent that copies of exempt records may become part of these records from JUSTICE/FBI–019 Terrorist Screening Records System, the Department of the Army hereby claims the PO 00000 Frm 00027 Fmt 4700 Sfmt 4700 10349 same exemptions for the records as claimed at their source (JUSTICE/FBI–019, Terrorist Screening Records System). (C) Therefore, portions of this system of records may be exempt pursuant to 5 U.S.C. 552a(j)(2) and (k)(2) from subsections 5 U.S.C. 552a(c)(3), (c)(4), (d), (e)(1), (e)(2), (e)(3), (e)(4)(G), (e)(4)(H), (e)(4)(I), (e)(5), (e)(8), (f), and (g). (iii) Authority: 5 U.S.C. 552a(j)(2) and(k)(2). (iv) Reasons: (A) From subsection (c)(3) because the release of the disclosure accounting would permit the subject of a criminal investigation or matter under investigation to obtain valuable information concerning the nature of that investigation which will present a serious impediment to law enforcement. (B) From subsection (c)(4) because an exemption is being claimed for subsection (d), making this subsection not applicable. (C) From subsection (d) because access to such records contained in this system would inform the subject of a criminal investigation of the existence of that investigation, provide the subject of the investigation with information that might enable him to avoid detection or apprehension, and would present a serious impediment to law enforcement. (D) From subsection (e)(1) because the nature of the criminal and/or civil investigative function creates unique problems in prescribing a specific parameter in a particular case with respect to what information is relevant or necessary. Also, information may be received which may relate to a case under the investigative jurisdiction of another agency. The maintenance of this information may be necessary to provide leads for appropriate law enforcement purposes and to establish patterns of activity that may relate to the jurisdiction of other cooperating agencies. (E) From subsection (e)(2) because in a criminal investigation, the requirement that information be collected to the greatest extent possible from the subject individual would present a serious impediment to law enforcement in that the subject of the investigation would be placed on notice of the existence of the investigation and would therefore be able to avoid detection. (F) From subsection (e)(3) because the requirement that individuals supplying information be provided with a form stating the requirements of subsection (e)(3) would constitute a serious impediment to law enforcement in that it could compromise the existence of a confidential investigation, reveal the identity of confidential sources of information and endanger the life and physical safety of confidential informants. (G) From subsections (e)(4)(G) and (e)(4)(H) because the requirements in those subsections are inapplicable to the extent that portions of this system of records may be exempt from subsection (d), concerning individual access. (H) From subsection (e)(4)(I) because the identity of specific sources must be withheld in order to protect the confidentiality of the sources of criminal and other law enforcement information. This exemption is further necessary to protect the privacy and physical safety of witnesses and informants. E:\FR\FM\26FER1.SGM 26FER1 rmajette on DSK2VPTVN1PROD with RULES 10350 Federal Register / Vol. 80, No. 38 / Thursday, February 26, 2015 / Rules and Regulations (I) From subsection (e)(5) because in the collection of information for law enforcement purposes, it is impossible to determine in advance what information is accurate, relevant, timely, and complete. With the passage of time, seemingly irrelevant or untimely information may acquire new significance as further investigation brings new details to light and the accuracy of such information can only be determined in a court of law. The restrictions of subsection (e)(5) would restrict the ability of trained investigators and intelligence analysts to exercise their judgment in reporting on investigations and impede the development of intelligence necessary for effective law enforcement. (J) From subsection (e)(8) because the individual notice requirements of subsection (e)(8) could present a serious impediment to law enforcement as this could interfere with the ability to issue search authorizations and could reveal investigative techniques and procedures. (K) From subsection (f) because portions of this system of records have been exempted from the access provisions of subsection (d). (L) From subsection (g) because portions of this system of records are compiled for law enforcement purposes and have been exempted from the access provisions of subsections (d) and (f). (h) Exempt OPM records. Three Office of Personnel Management systems of records apply to Army employees, except for nonappropriated fund employees. These systems, the specific exemptions determined to be necessary and proper, the records exempted, provisions of the Privacy Act from which exempt, and justification are set forth below: (1) Personnel Investigations Records (OPM/ CENTRAL–9). (i) Exemptions: (A) Information specifically authorized to be classified under E.O. 12958, as implemented by DoD 5200.1–R, may be exempt pursuant to 5 U.S.C. 552a(k)(1). (B) Investigatory material compiled for law enforcement purposes, other than material within the scope of subsection 5 U.S.C. 552a(j)(2), may be exempt pursuant to 5 U.S.C. 552a(k)(2). However, if an individual is denied any right, privilege, or benefit for which he would otherwise be entitled by Federal law or for which he would otherwise be eligible, as a result of the maintenance of such information, the individual will be provided access to such information except to the extent that disclosure would reveal the identity of a confidential source. (C) Records maintained in connection with providing protective services to the President of the United States or other individuals pursuant to Title 18 U.S.C., section 3056 may be exempt pursuant to 5 U.S.C. 552a(k)(3). (D) Investigatory material compiled solely for the purpose of determining suitability, eligibility, or qualifications for federal civilian employment, military service, federal contracts, or access to classified information may be exempt pursuant to 5 U.S.C. 552a(k)(5), but only to the extent that such material would reveal the identity of a confidential source. (E) Testing or examination material used solely to determine individual qualifications for appointment or promotion in the Federal VerDate Sep<11>2014 14:38 Feb 25, 2015 Jkt 235001 service may be exempt pursuant to 5 U.S.C. 552a(k)(6), if the disclosure would compromise the objectivity or fairness of the test or examination process. (F) Evaluation material used to determine potential for promotion in the Military Services may be exempt pursuant to 5 U.S.C. 552a(k)(7), but only to the extent that the disclosure of such material would reveal the identity of a confidential source. (G) Therefore, portions of this system of records may be exempt pursuant to 5 U.S.C. 552a(k)(1), (k)(2), (k)(3), (k)(5), (k)(6), or (k)(7) from subsections 5 U.S.C. 552a(c)(3) and (d). (ii) Reasons: (A) Personnel investigations may obtain from another Federal agency, properly classified information which pertains to national defense and foreign policy. Application of exemption (k)(1) may be necessary to preclude the data subject’s access to an amendment of such classified information under 5 U.S.C. 552a(d) in order to protect such information. (B) Personnel investigations may contain investigatory material compiled for law enforcement purposes other than material within the scope of 5 U.S.C. 552a(j)(2), e.g., investigations into the administration of the merit system. Application of exemption (k)(2) may be necessary to preclude the data subject’s access to or amendment of such records, under 552a(c)(3) and (d) because otherwise, it would inform the subject of a criminal investigation of the existence of that investigation, provide the subject of the investigation with information that might enable him to avoid detection or apprehension, and would present a serious impediment to law enforcement. (C) Personnel investigations may obtain from another Federal agency, information that relates to providing protective services to the President of the United States or other individuals pursuant to section 3056 of title 18. Application of exemption (k)(3) may be necessary to preclude the data subject’s access to or amendment of such records under 5 U.S.C. 552a(d) to ensure protective services provided to the President and others are not compromised. (D) All information about individuals in these records that meets the criteria stated in 5 U.S.C. 552a(k)(5) is exempt from the requirements of 5 U.S.C. 552a(c)(3) and (d) in order to protect the identity of confidential sources incident to determinations of suitability, eligibility, or qualifications for Federal employment, military service, contract, and security clearance determinations. (E) All material and information in the records that meets the criteria stated in 5 U.S.C. 552a(k)(6) is exempt from the requirements of 5 U.S.C. 552a(d), relating to access to and amendment of records by the data subject in order to preserve the confidentiality and integrity of Federal testing materials. (F) All material and information in the records that meets the criteria stated in 5 U.S.C. 552a(k)(7) is exempt from the requirements of 5 U.S.C. 552a(d), relating to access to and amendment of records by the data subject in order to safeguard evaluation materials used for military promotions when furnished by a confidential source. PO 00000 Frm 00028 Fmt 4700 Sfmt 4700 (2) Recruiting, Examining, and Placement Records (OPM/GOVT–5). (i) Exemptions: (A) Investigatory material compiled solely for the purpose of determining suitability, eligibility, or qualifications for federal civilian employment, military service, federal contracts, or access to classified information may be exempt pursuant to 5 U.S.C. 552a(k)(5), but only to the extent that such material would reveal the identity of a confidential source. (B) Testing or examination material used solely to determine individual qualifications for appointment or promotion in the Federal service may be exempt pursuant to 5 U.S.C. 552a(k)(6), if the disclosure would compromise the objectivity or fairness of the test or examination process. (C) Therefore, portions of this system of records may be exempt pursuant to 5 U.S.C. 552a(k)(5), or (k)(6) from subsections 5 U.S.C. 552a(c)(3) and (d). (ii) Reasons: (A) All information about individuals in these records that meets the criteria stated in 5 U.S.C. 552a(k)(5) is exempt from the requirements of 5 U.S.C. 552a(c)(3) and (d) in order to protect the identity of confidential sources incident to determinations of suitability, eligibility, or qualifications for Federal employment, military service, contract, and security clearance determinations. These exemptions are also claimed because this system contains investigative material compiled solely for the purpose of determining the appropriateness of a request for approval of an objection to an eligible individual’s qualification for employment in the Federal service. (B) All material and information in these records that meets the criteria stated in 5 U.S.C. 552a(k)(6) are exempt from the requirements of 5 U.S.C. 552a(d), relating to access and amendment of records by the subject, in order to preserve the confidentiality and integrity of Federal testing materials. (3) Personnel Research Test Validation Records (OPM/GOVT–6). (i) Exemptions: Testing or examination material used solely to determine individual qualifications for appointment or promotion in the Federal service may be exempt pursuant to 5 U.S.C. 552a(k)(6), if the disclosure would compromise the objectivity or fairness of the test or examination process. Therefore, portions of this system of records may be exempt pursuant to 5 U.S.C. 552a(k)(6) from subsections 5 U.S.C. 552a(d). (ii) Reasons: All material and information in these records that meets the criteria stated in 5 U.S.C. 552a(k)(6) is exempt from the requirements of 5 U.S.C. 552a(d), relating to access to an amendment of the records by the data subject, in order to preserve the confidentiality and integrity of Federal testing materials. (i) Twelve Exceptions to the ‘‘No Disclosure without Consent’’ rule of the Privacy Act. (1) 5 U.S.C. 552a(b)(1)—To DoD officers and employees who have a need for the record in the performance of their official duties. This is the ‘‘official need to know’’ concept. E:\FR\FM\26FER1.SGM 26FER1 rmajette on DSK2VPTVN1PROD with RULES Federal Register / Vol. 80, No. 38 / Thursday, February 26, 2015 / Rules and Regulations (2) 5 U.S.C. 552a(b)(2)—FOIA requires release of the information pursuant to 5. U.S.C. 552. (3) 5 U.S.C. 552a(b)(3)—For an authorized Routine Use, i.e. the ‘‘Routine Use Exception.’’ The Routine Use must be listed in the applicable system of records notice published in the Federal Register and the purpose of the disclosure must be compatible with the purpose for the published Routine Use. (4) 5 U.S.C. 552a(b)(4)—To the Bureau of the Census to plan or carry out a census or survey, or related activity pursuant to Title 13 of the U.S. Code. (5) 5 U.S.C. 552a(b)(5)—To a recipient who has provided the Department of the Army or DoD with advance adequate written assurance that the record will be used solely as a statistical research or reporting record, and the record is to be transferred in a form that is not individually identifiable. (6) 5 U.S.C. 552a(b)(6)—To the National Archives and Records Administration as a record that has sufficient historical or other value to warrant its continued preservation by the U.S. Government, or for evaluation by the Archivist of the United States or the designee of the Archivist to determine whether the record has such value. Note: Records transferred to the Federal Records Centers for storage remain under the control of the Department of the Army and no accounting for disclosure is required under the Privacy Act. (7) 5 U.S.C. 552a(b)(7)—To another agency or instrumentality of any governmental jurisdiction within or under the control of the United States for a civil or criminal law enforcement activity, if the activity is authorized by law, and if the head of the agency or instrumentality has made a written request to the Department of the Army or DoD specifying the particular portion desired and the law enforcement activity for which the record is sought. (8) 5 U.S.C. 552a(b)(8)—To a person pursuant to a showing of compelling circumstances affecting the health or safety of an individual if upon such disclosure, notification is transmitted to the last known address of such individual. (9) 5 U.S.C. 552a(b)(9)—To either House of Congress, or, to the extent the matter is within its jurisdiction, any committee or subcommittee thereof, or any joint committee of Congress or subcommittee of any such joint committee. Requests from a Congressional member acting on behalf of a constituent are not included in this exception, but may be covered by a routine use exception to the Privacy Act (See applicable Army system of records notice). (10) 5 U.S.C. 552a(b)(10)—To the Comptroller General or authorized representatives, in the course of the performance of the duties of the Government Accountability Office. (11) 5 U.S.C. 552a(b)(11)—Pursuant to the order of a court of competent jurisdiction. The order must be signed by a judge. (12) 5 U.S.C. 552a(b)(12)—To a consumer reporting agency in accordance with section 3711(e) of Title 31 of the U.S. Code. The name, address, SSN, and other information identifying the individual; amount, status, VerDate Sep<11>2014 14:38 Feb 25, 2015 Jkt 235001 and history of the claim; and the agency or program under which the case arose may be disclosed. However, before doing so, agencies must complete a series of steps designed to validate the debt and to offer the individual an opportunity to repay it. (j) DoD Blanket Routine Uses. In addition to specific routine uses which are listed in the applicable Army system of records notices, certain ‘‘Blanket Routine Uses’’ may apply to all DoD maintained systems of records. These are listed on the Defense Privacy and Civil Liberties Division’s Web site https://dpcld.defense.gov/. These ‘‘Blanket Routine Uses’’ are not specifically listed in each system of records notice as the specific routine uses are. The current DoD ‘‘Blanket Routine Uses’’ are as follows— (1) Law Enforcement Routine Use. If a system of records maintained by a DoD component to carry out its functions indicates a violation or potential violation of law, whether civil, criminal or regulatory in nature, and whether arising by general statute or by regulation, rule, or order issued pursuant thereto, the relevant records in the system of records may be referred, as a routine use, to the agency concerned, whether federal, state, local, or foreign, charged with the responsibility of investigating or prosecuting such violation or charged with enforcing or implementing the statute, rule, regulation or order issued pursuant thereto. (2) Disclosure When Requesting Information Routine Use. A record from a system of records maintained by a DoD component may be disclosed as a routine use to a federal, state, or local agency maintaining civil, criminal, or other relevant enforcement information or other pertinent information, such as current licenses, if necessary to obtain information relevant to a DoD Component decision concerning the hiring or retention of an employee, the issuance of a security clearance, the letting of a contract, or the issuance of a license, grant or other benefit. (3) Disclosure of Requested Information Routine Use. A record from a system of records maintained by a DoD component may be disclosed to a Federal agency, in response to its request, in connection with the hiring or retention of an employee, the issuance of a security clearance, the reporting of an investigation of an employee, the letting of a contract, or the issuance of a license, grant, or other benefit by the requesting agency, to the extent that the information is relevant and necessary to the requesting agency’s decision on the matter. (4) Congressional Inquiries Disclosure Routine Use. Disclosure from a system of records maintained by a DoD component may be made to a congressional office from the record of an individual in response to an inquiry from the congressional office made at the request of that individual. (5) Private Relief Legislation Routine Use. Relevant information contained in all systems of records of DoD published on or before August 22, 1975, may be disclosed to Office of Management and Budget in connection with the review of private relief legislation, as set forth in OMB Circular A– 19, at any stage of the legislative coordination PO 00000 Frm 00029 Fmt 4700 Sfmt 4700 10351 and clearance process as set forth in that Circular. (6) Disclosures Required by International Agreements Routine Use. A record from a system of records maintained by a DoD Component may be disclosed to foreign law enforcement, security, investigatory, or administrative authorities in order to comply with requirements imposed by, or to claim rights conferred in, international agreements and arrangements including those regulating the stationing and status in foreign countries of DoD military and civilian personnel. (7) Disclosure to State and Local Taxing Authorities Routine Use. Any information normally contained in Internal Revenue Service Form W–2, which is maintained in a record from a system of records maintained by a DoD component, may be disclosed to state and local taxing authorities with which the Secretary of the Treasury has entered into agreements pursuant to 5 U.S.C.s 5516, 5517, and 5520 and only to those state and local taxing authorities for which an employee or military member is or was subject to tax regardless of whether tax is or was withheld. This routine use is in accordance with Treasury Fiscal Requirements Manual Bulletin 76–07. (8) Disclosure to the Office of Personnel Management Routine Use. A record from a system of records subject to the Privacy Act and maintained by a DoD Component may be disclosed to the Office of Personnel Management concerning information on pay and leave, benefits, retirement deductions, and any other information necessary for the Office of Personnel Management to carry out its legally authorized government-wide personnel management functions and studies. (9) Disclosure to the Department of Justice for Litigation Routine Use. A record from a system of records maintained by a DoD component may be disclosed as a routine use to any component of the Department of Justice for the purpose of representing the DoD, or any officer, employee, or member of the Department in pending or potential litigation to which the record is pertinent. (10) Disclosure to Military Banking Facilities Overseas Routine Use. Information as to current military addresses and assignments may be provided to military banking facilities who provide banking services overseas and who are reimbursed by the Government for certain checking and loan losses. For personnel separated, discharged, or retired from the Armed Forces, information as to last known residential or home of record address may be provided to the military banking facility upon certification by a banking facility officer that the facility has a returned or dishonored check negotiated by the individual or the individual has defaulted on a loan and that if restitution is not made by the individual, the U.S. Government will be liable for the losses the facility may incur. (11) Disclosure of Information to the General Services Administration Routine Use. A record from a system of records maintained by a DoD component may be disclosed as a routine use to the General Services Administration for the purpose of records management inspections conducted E:\FR\FM\26FER1.SGM 26FER1 rmajette on DSK2VPTVN1PROD with RULES 10352 Federal Register / Vol. 80, No. 38 / Thursday, February 26, 2015 / Rules and Regulations under authority of 44 U.S.C. Sections 2904 and 2906. (12) Disclosure of Information to National Archives and Records Administration Routine Use. A record from a system of records maintained by a DoD component may be disclosed as a routine use to National Archives and Records Administration for the purpose of records management inspections conducted under authority of 44 U.S.C.s 2904 and 2906. (13) Disclosure to the Merit Systems Protection Board Routine Use. A record from a system of records maintained by a DoD component may be disclosed as a routine use to the Merit Systems Protection Board, including the Office of the Special Counsel for the purpose of litigation, including administrative proceedings, appeals, special studies of the civil service and other merit systems, review of the Office of Personnel Management or component rules and regulations, investigation of alleged or possible prohibited personnel practices, including administrative proceedings involving any individual subject of a DoD investigation, and such other functions, promulgated in 5 U.S.C.s 1205 and 1206, or as may be authorized by law. (14) Counterintelligence Purposes Routine Use. A record from a system of records maintained by a DoD component may be disclosed as a routine use outside the DoD or the U.S. Government for the purpose of counterintelligence activities authorized by U.S. Law or Executive Order or for the purpose of enforcing laws which protect the national security of the United States. (15) Data Breach Remediation Purposes Routine Use. A record from a system of records maintained by a Component may be disclosed to appropriate agencies, entities, and persons when: (1) The Component suspects or has confirmed that the security or confidentiality of the information in the system of records has been compromised; (2) The Component has determined that as a result of the suspected or confirmed compromise there is a risk of harm to economic or property interests, identity theft or fraud, or harm to the security or integrity of this system or other systems or programs (whether maintained by the Component or another agency or entity) that rely upon the compromised information; and (3) The disclosure made to such agencies, entities, and persons is reasonably necessary to assist in connection with the Component’s efforts to respond to the suspected or confirmed compromise and prevent, minimize, or remedy such harm. (16) Information Sharing Environment Routine Use. A record from a system of records maintained by a Component consisting of, or relating to, terrorism information (6 U.S.C. 485(a)(4)), homeland security information (6 U.S.C. 482(f)(1)), or law enforcement information (Guideline 2 Report attached to White House Memorandum, ‘‘Information Sharing Environment Reports,’’ November 22, 2006) may be disclosed to a Federal, State, local, tribal, territorial, foreign governmental and/ or multinational agency, either in response to its request or upon the initiative of the VerDate Sep<11>2014 14:38 Feb 25, 2015 Jkt 235001 Component, for purposes of sharing such information as is necessary and relevant for the agencies to the detection, prevention, disruption, preemption, and mitigation of the effects of terrorist activities against the territory, people, and interests of the United States of America as contemplated by the Intelligence Reform and Terrorism Protection Act of 2004 (Pub. L. 108–458) and Executive Order 13388 (October 25, 2005). [FR Doc. 2015–03862 Filed 2–25–15; 8:45 am] BILLING CODE 3710–08–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R06–OAR–2010–0611; FRL–9923–24– Region 6] Approval and Promulgation of Implementation Plans; Texas; Revision to Control of Air Pollution From Volatile Organic Compounds; Alternative Leak Detection and Repair Work Practice Environmental Protection Agency (EPA). ACTION: Direct final rule. AGENCY: The Environmental Protection Agency (EPA) is taking direct final action to approve a Texas State Implementation Plan (SIP) revision for control of volatile organic compound (VOC) emissions from fugitive sources that was submitted to EPA on July 2, 2010. The SIP revision allows for a voluntary alternative work practice to detect fugitive emission leaks using optical gas imaging instruments under the EPA federal Leak Detection and Repair (LDAR) requirements. The EPA is approving this SIP revision pursuant to section 110 of the Clean Air Act (CAA) and consistent with EPA’s guidance and regulations. DATES: This rule is effective on April 27, 2015 without further notice, unless EPA receives relevant adverse comment by March 30, 2015. If EPA receives such comment, EPA will publish a timely withdrawal in the Federal Register informing the public that this rule will not take effect. ADDRESSES: Submit your comments, identified by Docket No. EPA–R06– OAR–2010–0611, by one of the following methods: • www.regulations.gov: Follow the on-line instructions. • Email: Jennifer Huser at huser.jennifer@epa.gov. • Mail or delivery: Mr. Guy Donaldson, Chief, Air Planning Section (6PD–L), Environmental Protection Agency, 1445 Ross Avenue, Suite 1200, Dallas, Texas 75202–2733. SUMMARY: PO 00000 Frm 00030 Fmt 4700 Sfmt 4700 Instructions: Direct your comments to Docket ID No. EPA–R06–OAR–2010– 0611. EPA’s policy is that all comments received will be included in the public docket without change and may be made available online at https:// www.regulations.gov, including any personal information provided, unless the comment includes information claimed to be Confidential Business Information (CBI) or other information the disclosure of which is restricted by statute. Do not submit information through https://www.regulations.gov or email, if you believe that it is CBI or otherwise protected from disclosure. The https://www.regulations.gov Web site is an ‘‘anonymous access’’ system, which means that EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an email comment directly to EPA without going through https://www.regulations.gov, your email address will be automatically captured and included as part of the comment that is placed in the public docket and made available on the Internet. If you submit an electronic comment, EPA recommends that you include your name and other contact information in the body of your comment along with any disk or CD– ROM submitted. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. Electronic files should avoid the use of special characters and any form of encryption and should be free of any defects or viruses. For additional information about EPA’s public docket, visit the EPA Docket Center homepage at https:// www.epa.gov/epahome/dockets.htm. Docket: The index to the docket for this action is available electronically at www.regulations.gov and in hard copy at EPA Region 6, 1445 Ross Avenue, Suite 700, Dallas, Texas. While all documents in the docket are listed in the index, some information may be publicly available only at the hard copy location (e.g., copyrighted material), and some may not be publicly available at either location (e.g., CBI). FOR FURTHER INFORMATION CONTACT: Jennifer Huser, (214) 665–7347, huser.jennifer@epa.gov. To inspect the hard copy materials, please schedule an appointment with Ms. Huser or Mr. Bill Deese at (214) 665–7253. SUPPLEMENTARY INFORMATION: Throughout this document wherever ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean the EPA. E:\FR\FM\26FER1.SGM 26FER1

Agencies

[Federal Register Volume 80, Number 38 (Thursday, February 26, 2015)]
[Rules and Regulations]
[Pages 10335-10352]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-03862]


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DEPARTMENT OF DEFENSE

Department of the Army

32 CFR Part 505

[USA-2014-0006]
RIN 0702-AA65


Army Privacy Program

AGENCY: Department of the Army, DoD.

ACTION: Direct final rule.

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SUMMARY: The Department of the Army is amending the Army Privacy 
Program Regulation. Specifically, Army is reinstating exemptions that 
were mistakenly deleted when the Army's Privacy Program Regulation was 
last revised. These rules provide policies and procedures for the 
Army's implementation of the Privacy Act of 1974, as amended.
    This direct final rule makes changes to the Department of the 
Army's Privacy Program rules. These changes will allow the Department 
to exempt records from certain portions of the Privacy Act. This will 
improve the efficiency and effectiveness of DoD's program by preserving 
the exempt status of the records when the purposes underlying the 
exemption are valid and necessary to protect the contents of the 
records.
    This rule is being published as a direct final rule as the 
Department of Defense does not expect to receive any adverse comments, 
and so a proposed rule is unnecessary.
    The revisions to these rules are part of DoD's retrospective plan 
under Executive Order 13563 completed in August 2011. DoD's full plan 
can be accessed at https://www.whitehouse.gov/sites/default/files/other/2011-regulatory-action-plans/departmentofdefenseregulatoryreformplanaugust2011a.pdf.

DATES: The rule will be effective on May 7, 2015 unless comments are 
received that would result in a contrary determination. Comments will 
be accepted on or before April 27, 2015.

ADDRESSES: You may submit comments, identified by docket number and/or 
Regulatory Information Number (RIN) and title, by any of the following 
methods:
     Federal Rulemaking Portal: https://www.regulations.gov. 
Follow the instructions for submitting comments.
     Mail: Federal Docket Management System Office, 4800 Mark 
Center Drive, East Tower, Suite 02G09, Alexandria, VA 22350-3100.
    Instructions: All submissions received must include the agency name 
and docket number or RIN 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 https://www.regulations.gov as they are received without 
change, including any personal identifiers or contact information.

FOR FURTHER INFORMATION CONTACT: Ms. Tracy Rogers, Chief, FOIA/PA, 
telephone: 703-428-6513.

SUPPLEMENTARY INFORMATION:

Direct Final Rule and Significant Adverse Comments

    DoD has determined this rulemaking meets the criteria for a direct 
final rule because it involves changes dealing with DoD's management of 
its Privacy Programs. DoD expects no opposition to the changes and no 
significant adverse comments. However, if DoD receives a significant 
adverse comment, the Department will withdraw this direct final rule by 
publishing a notice in the Federal Register. A significant adverse 
comment is one that explains: (1) Why the direct final rule is 
inappropriate, including challenges to the rule's underlying premise or 
approach; or (2) why the direct final rule will be ineffective or 
unacceptable without a change. In determining whether a comment 
necessitates withdrawal of this direct final rule, DoD will consider 
whether it warrants a substantive response in a notice and comment 
process.

Executive Summary

I. Purpose of This Regulatory Action

    a. These rules provide policies and procedures for Army's 
implementation of the Privacy Act of 1974, as amended.
    b. Authority: Privacy Act of 1974, Public Law 93-579, Stat. 1896 (5 
U.S.C. 552a).

[[Page 10336]]

II. Summary of the Major Provisions of This Regulatory Action

    The Army is reinstating and adding exemption rules in the 
exemptions section.

III. Costs and Benefits of This Regulatory Action

    This regulatory action imposes no monetary costs to the Agency or 
public. The benefit to the public is the accurate reflection of the 
Agency's Privacy Program to ensure that policies and procedures are 
known to the public.

Regulatory Procedures

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

    It has been determined that Privacy Act rules for the Department of 
Defense are not significant rules. 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.

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

    It has been determined 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 within the Department of Defense.

Public Law 95-511, ``Paperwork Reduction Act'' (44 U.S.C. Chapter 35)

    It has been determined that this Privacy Act rule for the 
Department of Defense imposes no information collection requirements on 
the public under the Paperwork Reduction Act of 1995.

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

    It has been determined that this Privacy Act rulemaking for the 
Department of Defense 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 such rulemaking will not significantly or uniquely affect small 
governments.

Executive Order 13132, ``Federalism''

    It has been determined that the Privacy Act rule for the Department 
of Defense does not have federalism implications. The 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 505

    Privacy.

Tracy Rogers,
Chief, Privacy and FOIA Office.
    Accordingly 32 CFR part 505 is amended as follows:

PART 505--ARMY PRIVACY ACT PROGRAM

0
1. The authority citation for part 505 continues to read as follows:

    Authority:  Pub. L. 93-579, Stat. 1896 (5 U.S.C. 552a).


0
2. Appendix D to part 505 is revised to read as follows:

APPENDIX D TO PART 505--EXEMPTIONS, EXCEPTIONS, AND DOD BLANKET ROUTINE 
USES

    (a) Special exemption. 5 U.S.C. 552a(d)(5)--Denies individual 
access to any information compiled in reasonable anticipation of a 
civil action or proceeding.
    (b) General and specific exemptions. The Secretary of the Army 
may exempt Army systems of records from certain requirements of the 
Privacy Act of 1974. The two kinds of exemptions that require 
Secretary of the Army enactment are general and specific exemptions. 
The general exemption authorizes the exemption of a system of 
records from most requirements of the Act; the specific exemptions 
authorize the exemption of a system of record from only a few.
    (c) General exemptions. Only Army activities actually engaged in 
the enforcement of criminal laws as their principal function may 
claim the general exemption. See 5 U.S.C. 552a(j)(2). To qualify for 
this exemption, a system must consist of:
    (1) Information compiled to identify individual criminal 
offenders and alleged offenders, which consists only of identifying 
data and arrest records; type and disposition of charges; 
sentencing, confinement, and release records; and parole and 
probation status;
    (2) Information compiled for the purpose of criminal 
investigation including reports of informants and investigators, and 
associated with an identifiable individual; or
    (3) Reports identifiable to an individual, compiled at any stage 
of the process of enforcement of the criminal laws, from arrest or 
indictment through release from supervision.
    (d) Specific exemptions. The Secretary of the Army has exempted 
all properly classified information and systems of records that have 
the following kinds of information listed in this section, from 
certain parts of the Privacy Act. The Privacy Act exemption 
reference appears in parentheses after each category.
    (1) Classified information in every Army system of records. 
Before denying any individual access to classified information, the 
Access and Amendment Refusal Authority must make sure that it was 
properly classified under the standards of Executive Orders 11652, 
12065, or 12958 and that it must remain so in the interest of 
national defense of foreign policy (5 U.S.C. 552a(k)(1)).
    (2) Investigatory material compiled for law enforcement purposes 
(other than material within the scope of subsection 5 U.S.C. 
552a(j)(2), may be exempt pursuant to 5 U.S.C. 552a(k)(2). However, 
if this information has been used to deny someone a right, privilege 
or benefit to which the individual is entitled by Federal law, or 
for which an individual would otherwise be eligible as a result of 
the maintenance of the information, it must be released, unless 
doing so would reveal the identity of a confidential source. Note: 
When claimed, this exemption allows limited protection of 
investigative reports maintained in a system of records used in 
personnel or administrative actions.
    (3) Records maintained in connection with providing protective 
services to the President of the United States or other individuals 
protected pursuant to Title 18 U.S.C., section 3056 (5 U.S.C. 
552a(k)(3)).
    (4) Records maintained solely for statistical research or 
program evaluation purposes and which are not used to make decisions 
on the rights, benefits, or entitlements of individuals, except for 
census records which may be disclosed under Title 13 U.S.C., section 
8 (5 U.S.C. 552a(k)(4)).
    (5) Investigatory material compiled solely to determine 
suitability, eligibility, or qualifications for Federal service, 
Federal contracts, or access to classified information. This 
information may be withheld only to the extent that disclosure would 
reveal the identity of a confidential source (5 U.S.C. 552a(k)(5)).
    (6) Testing or examination material used solely to determine if 
a person is qualified for appointment or promotion in the Federal 
service. This information may be withheld only if disclosure would 
compromise the objectivity or fairness of the examination process (5 
U.S.C. 552a(k)(6)).
    (7) Evaluation material used solely to determine promotion 
potential in the Armed Forces. Information may be withheld, but only 
to the extent that disclosure would reveal the identity of a 
confidential source (5 U.S.C. 552a(k)(7)).
    (e) Procedures. When a system manager seeks an exemption for a 
system of records,

[[Page 10337]]

the following information will be furnished to the Chief Information 
Officer, 107 Army Pentagon, Room 3E608, Washington, DC 20310-0107; 
applicable system notice, exemptions sought, and justification. 
After appropriate staffing and approval by the Secretary of the 
Army, a proposed rule will be published in the Federal Register, 
followed by a final rule 60 days later. No exemption may be invoked 
until these steps have been completed.
    (f) The Army system of records notices for a particular type of 
record will state whether the Secretary of the Army has authorized a 
particular general and specific exemption to a certain type of 
record. The Army system of records notices are published on the 
Defense Privacy and Civil Liberties Division's Web site: https://dpcld.defense.gov/Privacy/DODComponentArticleList/tabid/6799/Category/278/department-of-the-army.aspx
    (g) Exempt Army records. The following records may be exempt 
from certain parts of the Privacy Act:
    (1) System identifier: A0020-1 SAIG.
    (i) System name: Inspector General Records.
    (ii) Exemptions: (A) Investigatory material compiled for law 
enforcement purposes, other than material within the scope of 
subsection 5 U.S.C. 552a(j)(2), may be exempt pursuant to 5 U.S.C. 
552a(k)(2). However, if an individual is denied any right, 
privilege, or benefit for which he would otherwise be entitled by 
Federal law or for which he would otherwise be eligible, as a result 
of the maintenance of such information, the individual will be 
provided access to such information except to the extent that 
disclosure would reveal the identity of a confidential source.
    (B) Investigatory material compiled solely for the purpose of 
determining suitability, eligibility, or qualifications for federal 
civilian employment, military service, federal contracts, or access 
to classified information may be exempt pursuant to 5 U.S.C. 
552a(k)(5), but only to the extent that such material would reveal 
the identity of a confidential source.
    (C) Therefore, portions of this system of records may be exempt 
pursuant to 5 U.S.C. 552a(k)(2) and (k)(5) from subsections 5 U.S.C. 
552a(c)(3), (d), (e)(1), (e)(4)(G), (e)(4)(H), (e)(4)(I), and (f).
    (iii) Authority: 5 U.S.C. 552a(k)(2) and(k)(5).
    (iv) Reasons: (A) From subsection (c)(3) because the release of 
the disclosure accounting would permit the subject of a criminal 
investigation or matter under investigation to obtain valuable 
information concerning the nature of that investigation which will 
present a serious impediment to law enforcement.
    (B) From subsection (d) because access to such records contained 
in this system would inform the subject of a criminal investigation 
of the existence of that investigation, provide the subject of the 
investigation with information that might enable him to avoid 
detection or apprehension, and would present a serious impediment to 
law enforcement.
    (C) From subsection (e)(1) because in the course of criminal 
investigations, information is often obtained concerning the 
violations of laws or civil obligations of others not relating to an 
active case or matter. In the interests of effective law 
enforcement, it is necessary that this valuable information is 
retained since it can aid in establishing patterns of activity and 
provide valuable leads for other agencies and future cases that may 
be brought.
    (D) From subsections (e)(4)(G) and (e)(4)(H) because portions of 
this system of records have been exempted from the access provisions 
of subsection (d), making these subsections not applicable.
    (E) From subsection (e)(4)(I) because the identity of specific 
sources must be withheld in order to protect the confidentiality of 
the sources of criminal and other law enforcement information. This 
exemption is further necessary to protect the privacy and physical 
safety of witnesses and informants.
    (F) From subsection (f) because portions of this system of 
records have been exempted from the access provisions of subsection 
(d).
    (2) System identifier: A0 025-400-2 0AA.
    (i) System name: Army Records Information Management System 
(ARIMS)
    (ii) Exemption: During the course of records management, 
declassification and claims research, exempt materials from other 
systems of records may in turn become part of the case record in 
this system. To the extent that copies of exempt records from those 
``other'' systems of records are entered into this system, the 
Department of the Army hereby claims the same exemptions for the 
records from those ``other'' systems.
    (iii) Authority: 5 U.S.C. 552a (j)(2) and (k)(1) through (k)(7).
    (iv) Reasons: Records are only exempt from pertinent provisions 
of 5 U.S.C. 552a to the extent such provisions have been identified 
and an exemption claimed for the original record and the purposes 
underlying the exemption for the original record still pertain to 
the record which is now contained in this system of records. In 
general, the exemptions were claimed in order to protect properly 
classified information relating to national defense and foreign 
policy, to avoid interference during the conduct of criminal, civil, 
or administrative actions or investigations, to ensure protective 
services provided to the President and others are not compromised, 
to protect records used solely as statistical records, to protect 
the identity of confidential sources incident to Federal employment, 
military service, contract, and security clearance determinations, 
to preserve the confidentiality and integrity of Federal testing 
materials, and to safeguard evaluation materials used for military 
promotions when furnished by a confidential source. The exemption 
rule for the original records will identify the specific reasons why 
the records may be exempt from specific provisions of 5 U.S.C. 552a.
    (3) System identifier: A0025-55 OAA.
    (i) System name: Freedom of Information Act Program Files.
    (ii) Exemption: During the processing of Freedom of Information 
Act (FOIA) requests, exempt materials from other systems of records 
may in turn become part of the case record in this system. To the 
extent that copies of exempt records from those ``other'' systems of 
records are entered into this system, the Department of the Army 
claims the same exemptions for the records from those ``other'' 
systems.
    (iii) Authority: 5 U.S.C. 552a(j)(2) and (k)(1) through (k)(7).
    (iv) Reasons: Records are only exempt from pertinent provisions 
of 5 U.S.C. 552a to the extent such provisions have been identified 
and an exemption claimed for the original record and the purposes 
underlying the exemption for the original record still pertain to 
the record which is now contained in this system of records. In 
general, the exemptions were claimed in order to protect properly 
classified information relating to national defense and foreign 
policy, to avoid interference during the conduct of criminal, civil, 
or administrative actions or investigations, to ensure protective 
services provided to the President and others are not compromised, 
to protect records used solely as statistical records, to protect 
the identity of confidential sources incident to Federal employment, 
military service, contract, and security clearance determinations, 
to preserve the confidentiality and integrity of Federal testing 
materials, and to safeguard evaluation materials used for military 
promotions when furnished by a confidential source. The exemption 
rule for the original records will identify the specific reasons why 
the records may be exempt from specific provisions of 5 U.S.C. 552a.
    (4) System identifier: A0027-1 DAJA.
    (i) System name: General Legal Files.
    (ii) Exemption: (A) Information specifically authorized to be 
classified under E.O. 12958, as implemented by DoD 5200.1-R, may be 
exempt pursuant to 5 U.S.C. 552a(k)(1).
    (B) Investigatory material compiled for law enforcement 
purposes, other than material within the scope of subsection 5 
U.S.C. 552a(j)(2), may be exempt pursuant to 5 U.S.C. 552a(k)(2). 
However, if an individual is denied any right, privilege, or benefit 
for which he would otherwise be entitled by Federal law or for which 
he would otherwise be eligible, as a result of the maintenance of 
such information, the individual will be provided access to such 
information except to the extent that disclosure would reveal the 
identity of a confidential source.
    (C) Investigatory material compiled solely for the purpose of 
determining suitability, eligibility, or qualifications for federal 
civilian employment, military service, federal contracts, or access 
to classified information may be exempt pursuant to 5 U.S.C. 
552a(k)(5), but only to the extent that such material would reveal 
the identity of a confidential source.
    (D) Testing or examination material used solely to determine 
individual qualifications for appointment or promotion in the 
Federal service may be exempt pursuant to 5 U.S.C. 552a(k)(6), if 
the disclosure would compromise the objectivity or fairness of the 
test or examination process.
    (E) Evaluation material used to determine potential for 
promotion in the Military Services may be exempt pursuant to 5 
U.S.C. 552a(k)(7), but only to the extent that the disclosure of 
such material would reveal the identity of a confidential source.
    (F) Therefore, portions of this system of records may be exempt 
pursuant to 5 U.S.C.

[[Page 10338]]

552a(k)(1) through(k)(7) from subsections 5 U.S.C. 552a(c)(3), (d), 
(e)(1), (e)(4)(G), (e)(4)(H), (e)(4)(I), and (f).
    (iii) Authority: 5 U.S.C. 552a(k)(1), (k)(2), (k)(5), (k)(6), 
and (k)(7).
    (iv) Reasons: (A) From subsection (c)(3) because the release of 
the disclosure accounting would permit the subject of a criminal 
investigation or matter under investigation to obtain valuable 
information concerning the nature of that investigation which will 
present a serious impediment to law enforcement.
    (B) From subsection (d) because access to such records contained 
in this system would inform the subject of a criminal investigation 
of the existence of that investigation, provide the subject of the 
investigation with information that might enable him to avoid 
detection or apprehension, and would present a serious impediment to 
law enforcement.
    (C) From subsection (e)(1) because in the course of criminal 
investigations, information is often obtained concerning the 
violations of laws or civil obligations of others not relating to an 
active case or matter. In the interests of effective law 
enforcement, it is necessary that this valuable information is 
retained since it can aid in establishing patterns of activity and 
provide valuable leads for other agencies and future cases that may 
be brought.
    (D) From subsections (e)(4)(G) and (e)(4)(H) because portions of 
this system of records have been exempted from the access provisions 
of subsection (d), making these subsections not applicable.
    (E) From subsection (e)(4)(I) because the identity of specific 
sources must be withheld in order to protect the confidentiality of 
the sources of criminal and other law enforcement information. This 
exemption is further necessary to protect the privacy and physical 
safety of witnesses and informants.
    (F) From subsection (f) because portions of this system of 
records have been exempted from the access provisions of subsection 
(d).
    (5) System identifier: A0027-10a DAJA.
    (i) System name: Military Justice Files.
    (ii) Exemptions: Parts of this system may be exempt pursuant to 
5 U.S.C. 552a(j)(2) if the information is compiled and maintained by 
a component of the agency which performs as its principal function 
any activity pertaining to the enforcement of criminal laws. 
Therefore, portions of this system of records may be exempt pursuant 
to 5 U.S.C. 552a(j)(2) from subsections 5 U.S.C. 552a(c)(3), (c)(4), 
(d), (e)(1), (e)(2), (e)(3), (e)(4)(G), (e)(4)(H), (e)(4)(I), 
(e)(5), (e)(8), (f), and (g).
    (iii) Authority: 5 U.S.C. 552a(j)(2).
    (iv) Reason: (A) From subsection (c)(3) because the release of 
the disclosure accounting would permit the subject of a criminal 
investigation or matter under investigation to obtain valuable 
information concerning the nature of that investigation which will 
present a serious impediment to law enforcement.
    (B) From subsection (c)(4) because an exemption is being claimed 
for subsection (d), making this subsection not applicable.
    (C) From subsection (d) because access to the records contained 
in this system would inform the subject of a criminal investigation 
of the existence of that investigation, provide the subject of the 
investigation with information that might enable him to avoid 
detection or apprehension, and would present a serious impediment to 
law enforcement.
    (D) From subsection (e)(1) because in the course of criminal 
investigations, information is often obtained concerning the 
violation of laws or civil obligations of others not relating to an 
active case or matter. In the interests of effective law 
enforcement, it is necessary that this information be retained since 
it can aid in establishing patterns of activity and provide valuable 
leads for other agencies and future cases that may be brought.
    (E) From subsection (e)(2) because in a criminal investigation 
the requirement that information be collected to the greatest extent 
possible from the subject individual would present a serious 
impediment to law enforcement in that the subject of the 
investigation would be placed on notice of the existence of the 
investigation and would therefore be able to avoid detection.
    (F) From subsection (e)(3) because the requirement that 
individuals supplying information be provided with a form stating 
the requirements of subsection (e)(3) would constitute a serious 
impediment to law enforcement in that it could compromise the 
existence of a confidential investigation, reveal the identity of 
confidential sources of information and endanger the life and 
physical safety of confidential informants.
    (G) From subsections (e)(4)(G) and (e)(4)(H) because portions of 
this system of records have been exempted from the access provisions 
of subsection (d), making these subsections not applicable.
    (H) From subsection (e)(4)(I) because the identity of specific 
sources must be withheld in order to protect the confidentiality of 
the sources of criminal and other law enforcement information. This 
exemption is further necessary to protect the privacy and physical 
safety of witnesses and informants.
    (I) From subsection (e)(5) because in the collection of 
information for law enforcement purposes it is impossible to 
determine in advance what information is accurate, relevant, timely, 
and complete. With the passage of time, seemingly irrelevant or 
untimely information may acquire new significance as further 
investigation brings new details to light and the accuracy of such 
information can only be determined in a court of law. The 
restrictions of subsection (e)(5) would restrict the ability of 
trained investigators and intelligence analysts to exercise their 
judgment in reporting on investigations and impede the development 
of intelligence necessary for effective law enforcement.
    (J) From subsection (e)(8) because the individual notice 
requirements of subsection (e)(8) could present a serious impediment 
to law enforcement as this could interfere with the ability to issue 
search authorizations and could reveal investigative techniques and 
procedures.
    (K) From subsection (f) because portions of this system of 
records have been exempted from the access provisions of subsection 
(d).
    (L) From subsection (g) because portions of this system of 
records are compiled for law enforcement purposes and have been 
exempted from the access provisions of subsections (d) and (f).
    (6) System identifier: A0027-10b DAJA.
    (i) System name: Courts-Martial Records and Reviews.
    (ii) Exemptions: Parts of this system may be exempt pursuant to 
5 U.S.C. 552a(j)(2) if the information is compiled and maintained by 
a component of the agency which performs as its principal function 
any activity pertaining to the enforcement of criminal laws. 
Therefore, portions of this system of records may be exempt pursuant 
to 5 U.S.C. 552a(j)(2) from subsections 5 U.S.C. 552a(c)(3), (c)(4), 
(d), (e)(1), (e)(2), (e)(3), (e)(4)(G), (e)(4)(H), (e)(4)(I), 
(e)(5), (e)(8), (f), and (g).
    (iii) Authority: 5 U.S.C. 552a(j)(2).
    (iv) Reasons: (A) From subsection (c)(3) because the release of 
the disclosure accounting would permit the subject of a criminal 
investigation or matter under investigation to obtain valuable 
information concerning the nature of that investigation which will 
present a serious impediment to law enforcement.
    (B) From subsection (c)(4) because an exemption is being claimed 
for subsection (d), making this subsection not applicable.
    (C) From subsection (d) because access to the records contained 
in this system would inform the subject of a criminal investigation 
of the existence of that investigation, provide the subject of the 
investigation with information that might enable him to avoid 
detection or apprehension, and would present a serious impediment to 
law enforcement.
    (D) From subsection (e)(1) because in the course of criminal 
investigations, information is often obtained concerning the 
violation of laws or civil obligations of others not relating to an 
active case or matter. In the interests of effective law 
enforcement, it is necessary that this information be retained since 
it can aid in establishing patterns of activity and provide valuable 
leads for other agencies and future cases that may be brought.
    (E) From subsection (e)(2) because in a criminal investigation, 
the requirement that information be collected to the greatest extent 
possible from the subject individual would present a serious 
impediment to law enforcement in that the subject of the 
investigation would be placed on notice of the existence of the 
investigation and would therefore be able to avoid detection.
    (F) From subsection (e)(3) because the requirement that 
individuals supplying information be provided with a form stating 
the requirements of subsection (e)(3) would constitute a serious 
impediment to law enforcement in that it could compromise the 
existence of a confidential investigation, reveal the identity of 
confidential sources of information and endanger the life and 
physical safety of confidential informants.
    (G) From subsections (e)(4)(G) and (e)(4)(H) because portions of 
this system of records have been exempted from the access provisions 
of subsection (d), making these subsections not applicable.
    (H) From subsection (e)(4)(I) because the identity of specific 
sources must be withheld in order to protect the confidentiality of 
the

[[Page 10339]]

sources of criminal and other law enforcement information. This 
exemption is further necessary to protect the privacy and physical 
safety of witnesses and informants.
    (I) From subsection (e)(5) because in the collection of 
information for law enforcement purposes it is impossible to 
determine in advance what information is accurate, relevant, timely, 
and complete. With the passage of time, seemingly irrelevant or 
untimely information may acquire new significance as further 
investigation brings new details to light and the accuracy of such 
information can only be determined in a court of law. The 
restrictions of subsection (e)(5) would restrict the ability of 
trained investigators and intelligence analysts to exercise their 
judgment in reporting on investigations and impede the development 
of intelligence necessary for effective law enforcement.
    (J) From subsection (e)(8) because the individual notice 
requirements of subsection (e)(8) could present a serious impediment 
to law enforcement as this could interfere with the ability to issue 
search authorizations and could reveal investigative techniques and 
procedures.
    (K) From subsection (f) because portions of this system of 
records have been exempted from the access provisions of subsection 
(d).
    (L) From subsection (g) because portions of this system of 
records are compiled for law enforcement purposes and have been 
exempted from the access provisions of subsections (d) and (f).
    (7) System identifier: A0040-5b DASG.
    (i) System name: Army Public Health Data Repository (APHDR).
    (ii) Exemption: (A) Investigatory material compiled for law 
enforcement purposes, other than material within the scope of 
subsection 5 U.S.C. 552a(j)(2), may be exempt pursuant to 5 U.S.C. 
552a(k)(2). However, if an individual is denied any right, 
privilege, or benefit for which he would otherwise be entitled by 
Federal law or for which he would otherwise be eligible, as a result 
of the maintenance of such information, the individual will be 
provided access to such information except to the extent that 
disclosure would reveal the identity of a confidential source.
    (B) Records maintained solely for statistical research or 
program evaluation purposes and which are not used to make decisions 
on the rights, benefits, or entitlement of an individual except for 
census records which may be disclosed under 13 U.S.C. 8, may be 
exempt pursuant to 5 U.S.C. 552a(k)(4).
    (C) Therefore, portions of this system of records may be exempt 
pursuant to 5 U.S.C. 552a(k)(2) and (k)(4) from subsections 5 U.S.C. 
552a(c)(3), (d), (e)(1), (e)(4)(G), (e)(4)(H), (e)(4)(I), and (f).
    (iii) Authority: 5 U.S.C. 552a(k)(2) and (k)(4)
    (iv) Reasons: (A) From subsection (c)(3) because the release of 
the disclosure accounting would permit the subject of a criminal 
investigation or matter under investigation to obtain valuable 
information concerning the nature of that investigation which will 
present a serious impediment to law enforcement.
    (B) From subsection (d) because access to the records contained 
in this system would inform the subject of a criminal investigation 
of the existence of that investigation, provide the subject of the 
investigation with information that might enable him to avoid 
detection or apprehension, and would present a serious impediment to 
law enforcement.
    (C) From subsection (e)(1) because in the course of criminal 
investigations, information is often obtained concerning the 
violations of laws or civil obligations of others not relating to an 
active case or matter. In the interests of effective law 
enforcement, it is necessary that this valuable information is 
retained since it can aid in establishing patterns of activity and 
provide valuable leads for other agencies and future cases that may 
be brought.
    (D) From subsections (e)(4)(G) and (e)(4)(H) because portions of 
this system of records have been exempted from the access provisions 
of subsection (d), making these subsections not applicable.
    (E) From subsection (e)(4)(I) because the identity of specific 
sources must be withheld in order to protect the confidentiality of 
the sources of criminal and other law enforcement information. This 
exemption is further necessary to protect the privacy and physical 
safety of witnesses and informants.
    (F) From subsection (f) because portions of this system of 
records have been exempted from the access provisions of subsection 
(d).
    (8) System identifier: A0190-5 OPMG.
    (i) System name: Vehicle Registration System.
    (ii) Exemption: Parts of this system of records may be exempt 
pursuant to 5 U.S.C. 552a(j)(2) if the information is compiled and 
maintained by a component of the agency which performs as its 
primary function any activity pertaining to the enforcement of 
criminal laws. Therefore, portions of this system of records may be 
exempt pursuant to 5 U.S.C. 552a(j)(2) from subsections 5 U.S.C. 
552a(c)(3), (c)(4), (d), (e)(1), (e)(2), (e)(3), (e)(4)(G), 
(e)(4)(H), (e)(4)(I), (e)(8), (f), and (g).
    (iii) Authority: 5 U.S.C. 552a(j)(2).
    (iv) Reasons: (A) From subsection (c)(3) because the release of 
the disclosure accounting would permit the subject of a criminal 
investigation or matter under investigation to obtain valuable 
information concerning the nature of that investigation which will 
present a serious impediment to law enforcement.
    (B) From subsection (c)(4) because an exemption is being claimed 
for subsection (d), making this subsection not applicable.
    (C) From subsection (d) because access to the records contained 
in this system would inform the subject of a criminal investigation 
of the existence of that investigation, provide the subject of the 
investigation with information that might enable him to avoid 
detection or apprehension, and would present a serious impediment to 
law enforcement.
    (D) From subsection (e)(1) because in the course of criminal 
investigations, information is often obtained concerning the 
violation of laws or civil obligations of others not relating to an 
active case or matter. In the interests of effective law 
enforcement, it is necessary that this valuable information be 
retained since it can aid in establishing patterns of activity and 
provide valuable leads for other agencies and future cases that may 
be brought.
    (E) From subsection (e)(2) because in a criminal investigation, 
the requirement that information be collected to the greatest extent 
possible from the subject individual would present a serious 
impediment to law enforcement in that the subject of the 
investigation would be placed on notice of the existence of the 
investigation and would therefore be able to avoid detection.
    (F) From subsection (e)(3) because the requirement that 
individuals supplying information be provided with a form stating 
the requirements of subsection (e)(3) would constitute a serious 
impediment to law enforcement in that it could compromise the 
existence of a confidential investigation, reveal the identity of 
confidential sources of information and endanger the life and 
physical safety of confidential informants.
    (G) From subsections (e)(4)(G) and (e)(4)(H) because portions of 
this system of records have been exempted from access provisions of 
subsection (d), making these subsections not applicable.
    (H) From subsection (e)(4)(I) because the identity of specific 
sources must be withheld in order to protect the confidentiality of 
the sources of criminal and other law enforcement information. This 
exemption is further necessary to protect the privacy and physical 
safety of witnesses and informants.
    (I) From subsection (e)(5) because in the collection of 
information for law enforcement purposes it is impossible to 
determine in advance what information is accurate, relevant, timely, 
and complete. With the passage of time, seemingly irrelevant or 
untimely information may acquire new significance as further 
investigation brings new details to light and the accuracy of such 
information can only be determined in a court of law. The 
restrictions of subsection (e)(5) would restrict the ability of 
trained investigators and intelligence analysts to exercise their 
judgment reporting on investigations and impede the development of 
intelligence necessary for effective law enforcement.
    (J) From subsection (e)(8) because the individual notice 
requirements of subsection (e)(8) could present a serious impediment 
to law enforcement as this could interfere with the ability to issue 
search authorizations and could reveal investigative techniques and 
procedures.
    (K) From subsection (f) because portions of this system of 
records have been exempted from the access provisions of subsection 
(d).
    (L) From subsection (g) because portions of this system of 
records are compiled for law enforcement purposes and have been 
exempted from the access provisions of subsections (d) and (f).
    (9) System identifier: A0190-9 OPMG.
    (i) System name: Absentee Case Files.
    (ii) Exemption: Parts of this system of records may be exempt 
pursuant to 5 U.S.C. 552a(j)(2) if the information is compiled and 
maintained by a component of the agency which performs as its 
principal function any activity pertaining to the enforcement of 
criminal laws. Therefore, portions of this system of records may be 
exempt pursuant to

[[Page 10340]]

5 U.S.C. 552a(j)(2) from subsections 5 U.S.C. 552a(c)(3), (c)(4), 
(d), (e)(1), (e)(2), (e)(3), (e)(4)(G), (e)(4)(H), (e)(4)(I), 
(e)(8), (f), and (g).
    (iii) Authority: 5 U.S.C. 552a(j)(2).
    (iv) Reasons: (A) From subsection (c)(3) because the release of 
the disclosure accounting would permit the subject of a criminal 
investigation or matter under investigation to obtain valuable 
information concerning the nature of that investigation which will 
present a serious impediment to law enforcement.
    (B) From subsection (c)(4) because an exemption is being claimed 
for subsection (d), making this subsection not applicable.
    (C) From subsection (d) because access to the records contained 
in this system would inform the subject of a criminal investigation 
of the existence of that investigation, provide the subject of the 
investigation with information that might enable him to avoid 
detection or apprehension, and would present a serious impediment to 
law enforcement.
    (D) From subsection (e)(1) because in the course of criminal 
investigations, information is often obtained concerning the 
violation of laws or civil obligations of others not relating to an 
active case or matter. In the interests of effective law 
enforcement, it is necessary that this valuable information be 
retained since it can aid in establishing patterns of activity and 
provide valuable leads for other agencies and future cases that may 
be brought.
    (E) From subsection (e)(2) because in a criminal investigation, 
the requirement that information be collected to the greatest extent 
possible from the subject individual would present a serious 
impediment to law enforcement in that the subject of the 
investigation would be placed on notice of the existence of the 
investigation and would therefore be able to avoid detection.
    (F) From subsection (e)(3) because the requirement that 
individuals supplying information be provided with a form stating 
the requirements of subsection (e)(3) would constitute a serious 
impediment to law enforcement in that it could compromise the 
existence of a confidential investigation, reveal the identity of 
confidential sources of information and endanger the life and 
physical safety of confidential informants.
    (G) From subsections (e)(4)(G) and (e)(4)(H) because portions of 
this system of records have been exempted from access provisions of 
subsection (d), making these subsections not applicable.
    (H) From subsection (e)(4)(I) because the identity of specific 
sources must be withheld in order to protect the confidentiality of 
the sources of criminal and other law enforcement information. This 
exemption is further necessary to protect the privacy and physical 
safety of witnesses and informants.
    (I) From subsection (e)(5) because in the collection of 
information for law enforcement purposes it is impossible to 
determine in advance what information is accurate, relevant, timely, 
and complete. With the passage of time, seemingly irrelevant or 
untimely information may acquire new significance as further 
investigation brings new details to light and the accuracy of such 
information can only be determined in a court of law. The 
restrictions of subsection (e)(5) would restrict the ability of 
trained investigators and intelligence analysts to exercise their 
judgment reporting on investigations and impede the development of 
intelligence necessary for effective law enforcement.
    (J) From subsection (e)(8) because the individual notice 
requirements of subsection (e)(8) could present a serious impediment 
to law enforcement as this could interfere with the ability to issue 
search authorizations and could reveal investigative techniques and 
procedures.
    (K) From subsection (f) because portions of this system of 
records have been exempted from the access provisions of subsection 
(d).
    (L) From subsection (g) because portions of this system of 
records are compiled for law enforcement purposes and have been 
exempted from the access provisions of subsections (d) and (f).
    (10) System identifier: A0190-14 OPMG.
    (i) System name: Registration and Permit Files.
    (ii) Exemption: Investigatory material compiled for law 
enforcement purposes, other than material within the scope of 
subsection 5 U.S.C. 552a(j)(2), is exempt pursuant to 5 U.S.C. 
552a(k)(2). However, if an individual is denied any right, 
privilege, or benefit for which he would otherwise be entitled by 
Federal law or for which he would otherwise be eligible, as a result 
of the maintenance of such information, the individual will be 
provided access to such information except to the extent that 
disclosure would reveal the identity of a confidential source. 
Therefore, portions of this system of records may be exempt pursuant 
to 5 U.S.C. 552a(k)(2) from subsections 5 U.S.C. 552a(c)(3), (d), 
(e)(1), (e)(4)(G), (e)(4)(H), (e)(4)(I), and (f).
    (iii) Authority: 5 U.S.C. 552a(k)(2).
    (iv) Reasons: (A) From subsection (c)(3) because the release of 
the disclosure accounting would permit the subject of a criminal 
investigation or matter under investigation to obtain valuable 
information concerning the nature of that investigation which will 
present a serious impediment to law enforcement.
    (B) From subsection (d) because access to the records contained 
in this system would inform the subject of a criminal investigation 
of the existence of that investigation, provide the subject of the 
investigation with information that might enable him to avoid 
detection or apprehension, and would present a serious impediment to 
law enforcement.
    (C) From subsection (e)(1) because in the course of criminal 
investigations, information is often obtained concerning the 
violations of laws or civil obligations of others not relating to an 
active case or matter. In the interests of effective law 
enforcement, it is necessary that this valuable information is 
retained since it can aid in establishing patterns of activity and 
provide valuable leads for other agencies and future cases that may 
be brought.
    (D) From subsections (e)(4)(G) and (e)(4)(H) because portions of 
this system of records have been exempted from the access provisions 
of subsection (d), making these subsections not applicable.
    (E) From subsection (e)(4)(I) because the identity of specific 
sources must be withheld in order to protect the confidentiality of 
the sources of criminal and other law enforcement information. This 
exemption is further necessary to protect the privacy and physical 
safety of witnesses and informants.
    (F) From subsection (f) because portions of this system of 
records have been exempted from the access provisions of subsection 
(d).
    (11) System identifier: A0190-45 OPMG.
    (i) System name: Military Police Reporting Program Records 
(MPRP).
    (ii) Exemptions: Parts of this system may be exempt pursuant to 
5 U.S.C. 552a(j)(2) if the information is compiled and maintained by 
a component of the agency which performs as its principal function 
any activity pertaining to the enforcement of criminal laws. 
Therefore, portions of the system may be exempt pursuant to 5 U.S.C. 
552a(j)(2) from subsections 5 U.S.C. 552a(c)(3), (c)(4), (d), 
(e)(1), (e)(2), (e)(3), (e)(4)(G), (e)(4)(H), (e)(4)(I), (e)(5), 
(e)(8), (f), and (g).
    (iii) Authority: 5 U.S.C. 552a(j)(2).
    (iv) Reasons: (A) From subsection (c)(3) because the release of 
the disclosure accounting would permit the subject of a criminal 
investigation or matter under investigation to obtain valuable 
information concerning the nature of that investigation which will 
present a serious impediment to law enforcement.
    (B) From subsection (c)(4) because an exemption is being claimed 
for subsection (d), making this subsection not applicable.
    (C) From subsection (d) because access to the records contained 
in this system would inform the subject of a criminal investigation 
of the existence of that investigation, provide the subject of the 
investigation with information that might enable him to avoid 
detection or apprehension, and would present a serious impediment to 
law enforcement.
    (D) From subsection (e)(1) because in the course of criminal 
investigations, information is often obtained concerning the 
violation of laws or civil obligations of others not relating to an 
active case or matter. In the interests of effective law 
enforcement, it is necessary that this valuable information be 
retained since it can aid in establishing patterns of activity and 
provide valuable leads for other agencies and future cases that may 
be brought.
    (E) From subsection (e)(2) because in a criminal investigation, 
the requirement that information be collected to the greatest extent 
possible from the subject individual would present a serious 
impediment to law enforcement in that the subject of the 
investigation would be placed on notice of the existence of the 
investigation and would therefore be able to avoid detection.
    (F) From subsection (e)(3) because the requirement that 
individuals supplying information be provided with a form stating 
the requirements of subsection (e)(3) would constitute a serious 
impediment to law enforcement in that it could compromise the 
existence of a confidential investigation, reveal the identity of 
confidential sources of information and endanger the life and 
physical safety of confidential informants.

[[Page 10341]]

    (G) From subsections (e)(4)(G) and (e)(4)(H) because portions of 
this system of records have been exempted from access provisions of 
subsection (d), making these subsections not applicable.
    (H) From subsection (e)(4)(I) because the identity of specific 
sources must be withheld in order to protect the confidentiality of 
the sources of criminal and other law enforcement information. This 
exemption is further necessary to protect the privacy and physical 
safety of witnesses and informants.
    (I) From subsection (e)(5) because in the collection of 
information for law enforcement purposes it is impossible to 
determine in advance what information is accurate, relevant, timely, 
and complete. With the passage of time, seemingly irrelevant or 
untimely information may acquire new significance as further 
investigation brings new details to light and the accuracy of such 
information can only be determined in a court of law. The 
restrictions of subsection (e)(5) would restrict the ability of 
trained investigators and intelligence analysts to exercise their 
judgment reporting on investigations and impede the development of 
intelligence necessary for effective law enforcement.
    (J) From subsection (e)(8) because the individual notice 
requirements of subsection (e)(8) could present a serious impediment 
to law enforcement as this could interfere with the ability to issue 
search authorizations and could reveal investigative techniques and 
procedures.
    (K) From subsection (f) because portions of this system of 
records have been exempted from the access provisions of subsection 
(d).
    (L) From subsection (g) because portions of this system of 
records are compiled for law enforcement purposes and have been 
exempted from the access provisions of subsections (d) and (f).
    (12) System identifier: A0190-45a OPMG.
    (i) System name: Local Criminal Intelligence Files.
    (ii) Exemptions: Parts of this system may be exempt pursuant to 
5 U.S.C. 552a(j)(2) if the information is compiled and maintained by 
a component of the agency which performs as its principal function 
any activity pertaining to the enforcement of criminal laws. 
Therefore, portions of the system of records may be exempt pursuant 
to 5 U.S.C. 552a(j)(2) from subsections 5 U.S.C. 552a(c)(3), (c)(4), 
(d), (e)(1), (e)(2), (e)(3), (e)(4)(G), (e)(4)(H), (e)(4)(I), 
(e)(8), (f), and (g).
    (iii) Authority: 5 U.S.C. 552a(j)(2).
    (iv) Reasons: (A) From subsection (c)(3) because the release of 
the disclosure accounting would permit the subject of a criminal 
investigation or matter under investigation to obtain valuable 
information concerning the nature of that investigation which will 
present a serious impediment to law enforcement.
    (B) From subsection (c)(4) because an exemption is being claimed 
for subsection (d), making this subsection not applicable.
    (C) From subsection (d) because access to the records contained 
in this system would inform the subject of a criminal investigation 
of the existence of that investigation, provide the subject of the 
investigation with information that might enable him to avoid 
detection or apprehension, and would present a serious impediment to 
law enforcement.
    (D) From subsection (e)(1) because in the course of criminal 
investigations, information is often obtained concerning the 
violation of laws or civil obligations of others not relating to an 
active case or matter. In the interests of effective law 
enforcement, it is necessary that this valuable information be 
retained since it can aid in establishing patterns of activity and 
provide valuable leads for other agencies and future cases that may 
be brought.
    (E) From subsection (e)(2) because in a criminal investigation, 
the requirement that information be collected to the greatest extent 
possible from the subject individual would present a serious 
impediment to law enforcement in that the subject of the 
investigation would be placed on notice of the existence of the 
investigation and would therefore be able to avoid detection.
    (F) From subsection (e)(3) because the requirement that 
individuals supplying information be provided with a form stating 
the requirements of subsection (e)(3) would constitute a serious 
impediment to law enforcement in that it could compromise the 
existence of a confidential investigation, reveal the identity of 
confidential sources of information and endanger the life and 
physical safety of confidential informants.
    (G) From subsections (e)(4)(G) and (e)(4)(H) because portions of 
this system of records have been exempted from access provisions of 
subsection (d), making these subsections not applicable.
    (H) From subsection (e)(4)(I) because the identity of specific 
sources must be withheld in order to protect the confidentiality of 
the sources of criminal and other law enforcement information. This 
exemption is further necessary to protect the privacy and physical 
safety of witnesses and informants.
    (I) From subsection (e)(5) because in the collection of 
information for law enforcement purposes it is impossible to 
determine in advance what information is accurate, relevant, timely, 
and complete. With the passage of time, seemingly irrelevant or 
untimely information may acquire new significance as further 
investigation brings new details to light and the accuracy of such 
information can only be determined in a court of law. The 
restrictions of subsection (e)(5) would restrict the ability of 
trained investigators and intelligence analysts to exercise their 
judgment reporting on investigations and impede the development of 
intelligence necessary for effective law enforcement.
    (J) From subsection (e)(8) because the individual notice 
requirements of subsection (e)(8) could present a serious impediment 
to law enforcement as this could interfere with the ability to issue 
search authorizations and could reveal investigative techniques and 
procedures.
    (K) From subsection (f) because portions of this system of 
records have been exempted from the access provisions of subsection 
(d).
    (L) From subsection (g) because portions of this system of 
records are compiled for law enforcement purposes and have been 
exempted from the access provisions of subsections (d) and (f).
    (13) System identifier: A0190-45b OPMG.
    (i) System Name: Serious Incident Reporting Files.
    (ii) Exemptions: Parts of this system may be exempt pursuant to 
5 U.S.C. 552a(j)(2) if the information is compiled and maintained by 
a component of the agency which performs as its principal function 
any activity pertaining to the enforcement of criminal laws. 
Therefore, portions of the system of records may be exempt pursuant 
to 5 U.S.C. 552a(j)(2) from subsections 5 U.S.C. 552a(c)(3), (c)(4), 
(d), (e)(1), (e)(2), (e)(3), (e)(4)(G), (e)(4)(H), (e)(4)(I), 
(e)(8), (f), and (g).
    (iii) Authority: 5 U.S.C. 552a(j)(2).
    (iv) Reasons (A) From subsection (c)(3) because the release of 
the disclosure accounting would permit the subject of a criminal 
investigation or matter under investigation to obtain valuable 
information concerning the nature of that investigation which will 
present a serious impediment to law enforcement.
    (B) From subsection (c)(4) because an exemption is being claimed 
for subsection (d), making this subsection not applicable.
    (C) From subsection (d) because access to the records contained 
in this system would inform the subject of a criminal investigation 
of the existence of that investigation, provide the subject of the 
investigation with information that might enable him to avoid 
detection or apprehension, and would present a serious impediment to 
law enforcement.
    (D) From subsection (e)(1) because in the course of criminal 
investigations, information is often obtained concerning the 
violation of laws or civil obligations of others not relating to an 
active case or matter. In the interests of effective law 
enforcement, it is necessary that this valuable information be 
retained since it can aid in establishing patterns of activity and 
provide valuable leads for other agencies and future cases that may 
be brought.
    (E) From subsection (e)(2) because in a criminal investigation, 
the requirement that information be collected to the greatest extent 
possible from the subject individual would present a serious 
impediment to law enforcement in that the subject of the 
investigation would be placed on notice of the existence of the 
investigation and would therefore be able to avoid detection.
    (F) From subsection (e)(3) because the requirement that 
individuals supplying information be provided with a form stating 
the requirements of subsection (e)(3) would constitute a serious 
impediment to law enforcement in that it could compromise the 
existence of a confidential investigation, reveal the identity of 
confidential sources of information and endanger the life and 
physical safety of confidential informants.
    (G) From subsections (e)(4)(G) and (e)(4)(H) because portions of 
this system of records have been exempted from access provisions of 
subsection (d), making these subsections not applicable.
    (H) From subsection (e)(4)(I) because the identity of specific 
sources must be withheld in order to protect the confidentiality of 
the sources of criminal and other law enforcement information. This 
exemption is further necessary to protect the privacy and physical 
safety of witnesses and informants.

[[Page 10342]]

    (I) From subsection (e)(5) because in the collection of 
information for law enforcement purposes it is impossible to 
determine in advance what information is accurate, relevant, timely, 
and complete. With the passage of time, seemingly irrelevant or 
untimely information may acquire new significance as further 
investigation brings new details to light and the accuracy of such 
information can only be determined in a court of law. The 
restrictions of subsection (e)(5) would restrict the ability of 
trained investigators and intelligence analysts to exercise their 
judgment reporting on investigations and impede the development of 
intelligence necessary for effective law enforcement.
    (J) From subsection (e)(8) because the individual notice 
requirements of subsection (e)(8) could present a serious impediment 
to law enforcement as this could interfere with the ability to issue 
search authorizations and could reveal investigative techniques and 
procedures.
    (K) From subsection (f) because portions of this system of 
records have been exempted from the access provisions of subsection 
(d).
    (L) From subsection (g) because portions of this system of 
records are compiled for law enforcement purposes and have been 
exempted from the access provisions of subsections (d) and (f).
    (14) System identifier: A0190-47 DAPM-ACC.
    (i) System Name: Army Corrections System and Parole Board 
Records.
    (ii) Exemptions: Parts of this system may be exempt pursuant to 
5 U.S.C. 552a(j)(2) if the information is compiled and maintained by 
a component of the agency which performs as its principal function 
any activity pertaining to the enforcement of criminal laws. 
Therefore, portions of the system of records may be exempt pursuant 
to 5 U.S.C. 552a(j)(2) from subsections 5 U.S.C. 552a(c)(3), (c)(4), 
(d), (e)(1), (e)(2), (e)(3), (e)(4)(G), (e)(4)(H), (e)(4)(I), 
(e)(5), (e)(8), (f), and (g).
    (iii) Authority: 5 U.S.C. 552a(j)(2).
    (iv) Reasons: (A) From subsection (c)(3) because the release of 
the disclosure accounting would permit the subject of a criminal 
investigation or matter under investigation to obtain valuable 
information concerning the nature of that investigation which will 
present a serious impediment to law enforcement.
    (B) From subsection (c)(4) because an exemption is being claimed 
for subsection (d), making this subsection not applicable.
    (C) From subsection (d) because access to the records contained 
in this system would inform the subject of a criminal investigation 
of the existence of that investigation, provide the subject of the 
investigation with information that might enable him to avoid 
detection or apprehension, and would present a serious impediment to 
law enforcement.
    (D) From subsection (e)(1) because in the course of criminal 
investigations, information is often obtained concerning the 
violation of laws or civil obligations of others not relating to an 
active case or matter. In the interests of effective law 
enforcement, it is necessary that this valuable information be 
retained since it can aid in establishing patterns of activity and 
provide valuable leads for other agencies and future cases that may 
be brought.
    (E) From subsection (e)(2) because in a criminal or other law 
enforcement investigation, the requirement that information be 
collected to the greatest extent possible from the subject 
individual would alert the subject as to the nature or existence of 
the investigation and thereby present a serious impediment to 
effective law enforcement.
    (F) From subsection (e)(3) because the requirement that 
individuals supplying information be provided with a form stating 
the requirements of subsection (e)(3) would constitute a serious 
impediment to law enforcement in that it could compromise the 
existence of a confidential investigation, reveal the identity of 
confidential sources of information and endanger the life and 
physical safety of confidential informants.
    (G) From subsections (e)(4)(G) and (e)(4)(H) because an 
exemption is being claimed for subsection (d), making these 
subsections not applicable.
    (H) From subsection (e)(4)(I) because the identity of specific 
sources must be withheld in order to protect the confidentiality of 
the sources of criminal and other law enforcement information. This 
exemption is further necessary to protect the privacy and physical 
safety of witnesses and informants.
    (I) From subsection (e)(5) because in the collection of 
information for law enforcement purposes it is impossible to 
determine in advance what information is accurate, relevant, timely, 
and complete. With the passage of time, seemingly irrelevant or 
untimely information may acquire new significance as further 
investigation brings new details to light and the accuracy of such 
information can only be determined in a court of law. The 
restrictions of subsection (e)(5) would restrict the ability of 
trained investigators and intelligence analysts to exercise their 
judgment reporting on investigations and impede the development of 
intelligence necessary for effective law enforcement.
    (J) From subsection (e)(8) because the individual notice 
requirements of subsection (e)(8) could present a serious impediment 
to law enforcement as this could interfere with the ability to issue 
search authorizations and could reveal investigative techniques and 
procedures.
    (K) From subsection (f) because portions of this system of 
records have been exempted from the access provisions of subsection 
(d).
    (L) From subsection (g) because portions of this system of 
records are compiled for law enforcement purposes and have been 
exempted from the access provisions of subsections (d) and (f).
    (15) System identifier: A0195-2a USACIDC.
    (i) System name: Source Register.
    (ii) Exemption: (A): Parts of this system may be exempt pursuant 
to 5 U.S.C. 552a(j)(2) if the information is compiled and maintained 
by a component of the agency which performs as its principal 
function any activity pertaining to the enforcement of criminal 
laws. Therefore, portions of this system of records may be exempt 
pursuant to 5 U.S.C. 552a(j)(2) from subsections 5 U.S.C. 
552a(c)(3), (c)(4), (d), (e)(1), (e)(2), (e)(3), (e)(4)(G), 
(e)(4)(H), (e)(4)(I), (e)(5), (e)(8), (f), and (g).
    (iii) Authority: 5 U.S.C. 552a(j)(2).
    (iv) Reasons: (A) From subsection (c)(3) because the release of 
the disclosure accounting would permit the subject of a criminal 
investigation or matter under investigation to obtain valuable 
information concerning the nature of that investigation which will 
present a serious impediment to law enforcement.
    (B) From subsection (c)(4) because an exemption is being claimed 
for subsection
    (d), making this subsection not applicable.
    (C) From subsection (d) because access to the records contained 
in this system would inform the subject of a criminal investigation 
of the existence of that investigation, provide the subject of the 
investigation with information that might enable him to avoid 
detection or apprehension, and would present a serious impediment to 
law enforcement.
    (D) From subsection (e)(1) because in the course of criminal 
investigations, information is often obtained concerning the 
violation of laws or civil obligations of others not relating to an 
active case or matter. In the interests of effective law 
enforcement, it is necessary that this valuable information be 
retained since it can aid in establishing patterns of activity and 
provide valuable leads for other agencies and future cases that may 
be brought.
    (E) From subsection (e)(2) because in a criminal investigation, 
the requirement that information be collected to the greatest extent 
possible from the subject individual would present a serious 
impediment to law enforcement in that the subject of the 
investigation would be placed on notice of the existence of the 
investigation and would therefore be able to avoid detection.
    (F) From subsection (e)(3) because the requirement that 
individuals supplying information be provided with a form stating 
the requirements of subsection (e)(3) would constitute a serious 
impediment to law enforcement in that it could compromise the 
existence of a confidential investigation, reveal the identity of 
confidential sources of information and endanger the life and 
physical safety of confidential informants.
    (G) From subsections (e)(4)(G) and (e)(4)(H) because portions of 
this system of records have been exempted from access provisions of 
subsection (d), making these subsections not applicable.
    (H) From subsection (e)(4)(I) because the identity of specific 
sources must be withheld in order to protect the confidentiality of 
the sources of criminal and other law enforcement information. This 
exemption is further necessary to protect the privacy and physical 
safety of witnesses and informants.
    (I) From subsection (e)(5) because in the collection of 
information for law enforcement purposes it is impossible to 
determine in advance what information is accurate, relevant, timely, 
and complete. With the passage of time, seemingly irrelevant or 
untimely information may acquire new significance as further 
investigation brings

[[Page 10343]]

new details to light and the accuracy of such information can only 
be determined in a court of law. The restrictions of subsection 
(e)(5) would restrict the ability of trained investigators and 
intelligence analysts to exercise their judgment reporting on 
investigations and impede the development of intelligence necessary 
for effective law enforcement.
    (J) From subsection (e)(8) because the individual notice 
requirements of subsection (e)(8) could present a serious impediment 
to law enforcement as this could interfere with the ability to issue 
search authorizations and could reveal investigative techniques and 
procedures.
    (K) From subsection (f) because portions of this system of 
records have been exempted from the access provisions of subsection 
(d).
    (L) From subsection (g) because portions of this system of 
records are compiled for law enforcement purposes and have been 
exempted from the access provisions of subsections (d) and (f).
    (16) System identifier: A0195-2b USACIDC.
    (i) System name: Criminal Investigation and Crime Laboratory 
Files.
    (ii) Exemption: Parts of this system may be exempt pursuant to 5 
U.S.C. 552a(j)(2) if the information is compiled and maintained by a 
component of the agency which performs as its principal function any 
activity pertaining to the enforcement of criminal laws. Therefore, 
portions of this system of records may be exempt pursuant to 5 
U.S.C. 552a(j)(2) from subsections 5 U.S.C. 552a(c)(3), (c)(4), (d), 
(e)(1), (e)(2), (e)(3), (e)(4)(G), (e)(4)(H), (e)(4)(I), (e)(5), 
(e)(8), (f), and (g).
    (iii) Authority: 5 U.S.C. 552a(j)(2).
    (iv) Reasons: (A) From subsection (c)(3) because the release of 
the disclosure accounting would permit the subject of a criminal 
investigation or matter under investigation to obtain valuable 
information concerning the nature of that investigation which will 
present a serious impediment to law enforcement.
    (B) From subsections (c)(4) because an exemption is being 
claimed for subsection (d), making this subsection not applicable.
    (C) From subsection (d) because access to the records contained 
in this system would inform the subject of a criminal investigation 
of the existence of that investigation, provide the subject of the 
investigation with information that might enable him to avoid 
detection or apprehension, and would present a serious impediment to 
law enforcement.
    (D) From subsection (e)(1) because in the course of criminal 
investigations, information is often obtained concerning the 
violation of laws or civil obligations of others not relating to an 
active case or matter. In the interests of effective law 
enforcement, it is necessary that this information be retained since 
it can aid in establishing patters of activity and provide valuable 
leads for other agencies and future cases that may be brought.
    (E) From subsection (e)(2) because in a criminal or other law 
enforcement investigation, the requirement that information be 
collected to the greatest extent possible from the subject 
individual would alert the subject as to the nature or existence of 
the investigation and thereby present a serious impediment to 
effective law enforcement.
    (F) From subsection (e)(3) because the requirement that 
individuals supplying information be provided with a form stating 
the requirements of subsection (e)(3) would constitute a serious 
impediment to law enforcement in that it could compromise the 
existence of a confidential investigation, reveal the identity of 
confidential sources of information and endanger the life and 
physical safety of confidential informants.
    (G) From subsections (e)(4)(G) and (e)(4)(H) because portions of 
this system of records have been exempted from access provisions of 
subsection (d), making these subsections not applicable.
    (H) From subsections (e)(4)(I) because the identity of specific 
sources must be withheld in order to protect the confidentiality of 
the sources of criminal and other law enforcement information. This 
exemption is further necessary to protect the privacy and physical 
safety of witnesses and informants.
    (I) From subsection (e)(5) because the requirement that records 
be maintained with attention to accuracy, relevance, timeliness, and 
completeness would unfairly hamper the investigative process. It is 
the nature of law enforcement for investigations to uncover the 
commission of illegal acts at diverse stages. It is frequently 
impossible to determine initially what information is accurate, 
relevant, timely, and least of all complete. With the passage of 
time, seemingly irrelevant or untimely information may acquire new 
significance as further investigation brings new details to light.
    (J) From subsection (e)(8) because the notice requirements of 
this provision could present a serious impediment to criminal law 
enforcement by revealing investigative techniques, procedures, and 
the existence of confidential investigations.
    (K) From subsection (f) because portions of this system of 
records have been exempted from the access provisions of subsection 
(d).
    (L) From subsection (g) because portions of this system of 
records are compiled for law enforcement purposes and have been 
exempted from the access provisions of subsections (d) and (f).
    (17) System identifier: A0195-2c USACIDC DoD.
    (i) System name: DoD Criminal Investigation Task Force (CITF) 
Files.
    (ii) Exemption: Parts of this system may be exempt pursuant to 5 
U.S.C. 552a(j)(2) if the information is compiled and maintained by a 
component of the agency, which performs as its principal function 
any activity pertaining to the enforcement of criminal laws. 
Therefore, portions of this system of records may be exempt pursuant 
to 5 U.S.C. 552a(j)(2) from subsections 5 U.S.C. 552a(c)(3), (c)(4), 
(d), (e)(1), (e)(2), (e)(3), (e)(4)(G), (e)(4)(H), (e)(4)(I), 
(e)(5), (e)(8), (f), and (g).
    (iii) Authority: 5 U.S.C. 552a(j)(2).
    (iv) Reasons: (A) From subsection (c)(3) because the release of 
the disclosure accounting would permit the subject of a criminal 
investigation or matter under investigation to obtain valuable 
information concerning the nature of that investigation which will 
present a serious impediment to law enforcement.
    (B) From subsection (c)(4) because an exemption is being claimed 
for subsection (d), making this subsection not applicable.
    (C) From subsection (d) because access to the records contained 
in this system would inform the subject of a criminal investigation 
of the existence of that investigation, provide the subject of the 
investigation with information that might enable him to avoid 
detection or apprehension, and would present a serious impediment to 
law enforcement.
    (D) From subsection (e)(1) because in the course of criminal 
investigations, information is often obtained concerning the 
violation of laws or civil obligations of others not relating to an 
active case or matter. In the interests of effective law 
enforcement, it is necessary that this information be retained since 
it can aid in establishing patters of activity and provide valuable 
leads for other agencies and future cases that may be brought.
    (E) From subsection (e)(2) because in a criminal or other law 
enforcement investigation, the requirement that information be 
collected to the greatest extent possible from the subject 
individual would alert the subject as to the nature or existence of 
the investigation and thereby present a serious impediment to 
effective law enforcement.
    (F) From subsection (e)(3) because the requirement that 
individuals supplying information be provided with a form stating 
the requirements of subsection (e)(3) would constitute a serious 
impediment to law enforcement in that it could compromise the 
existence of a confidential investigation, reveal the identity of 
confidential sources of information and endanger the life and 
physical safety of confidential informants.
    (G) From subsections (e)(4)(G) and (e)(4)(H) because portions of 
this system of records have been exempted from access provisions of 
subsection (d), making these subsections not applicable.
    (H) From subsection (e)(4)(I) because the identity of specific 
sources must be withheld in order to protect the confidentiality of 
the sources of criminal and other law enforcement information. This 
exemption is further necessary to protect the privacy and physical 
safety of witnesses and informants.
    (I) From subsection (e)(5) because the requirement that records 
be maintained with attention to accuracy, relevance, timeliness, and 
completeness would unfairly hamper the investigative process. It is 
the nature of law enforcement for investigations to uncover the 
commission of illegal acts at diverse stages. It is frequently 
impossible to determine initially what information is accurate, 
relevant, timely, and least of all complete. With the passage of 
time, seemingly irrelevant or untimely information may acquire new 
significance as further investigation brings new details to light.
    (J) From subsection (e)(8) because the notice requirements of 
this provision could present a serious impediment to criminal law 
enforcement by revealing investigative techniques, procedures, and 
the existence of confidential investigations.

[[Page 10344]]

    (K) From subsection (f) because portions of this system of 
records have been exempted from the access provisions of subsection 
(d).
    (L) From subsection (g) because portions of this system of 
records are compiled for law enforcement purposes and have been 
exempted from the access provisions of subsections (d) and (f).
    (18) System identifier: A0195-2d USACIDC DoD.
    (i) System name: Defense Criminal Investigation DNA Database and 
Sample Repository; CODIS Records.
    (ii) Exemption: Parts of this system may be exempt pursuant to 5 
U.S.C 552a(j)(2) if the information is compiled and maintained by a 
component of the agency that performs as its principal function any 
activity pertaining to the enforcement of criminal laws. Therefore, 
portions of this system of records may be exempt pursuant to 5 
U.S.C. 552a(j)(2) from subsections 5 U.S.C. 552a(c)(3), (c)(4), (d), 
(e)(1), (e)(2), (e)(3), (e)(4)(G), (e)(4)(H), (e)(4)(I), (e)(5), 
(e)(8), (f), and (g).
    (iii) Authority: 5 U.S.C 552a(j)(2).
    (iv) Reasons: (A) From subsection (c)(3) because the release of 
the disclosure accounting would permit the subject of a criminal 
investigation or matter under investigation to obtain valuable 
information concerning the nature of that investigation which will 
present a serious impediment to law enforcement.
    (B) From subsection (c)(4) because an exemption is being claimed 
for subsection (d), making this subsection not applicable.
    (C) From subsection (d) because access to the records contained 
in this system would inform the subject of a criminal investigation 
of the existence of that investigation, provide the subject of the 
investigation with information that might enable him to avoid 
detection or apprehension, and would present a serious impediment to 
law enforcement.
    (D) From subsection (e)(1) because in the course of criminal 
investigations, information is often obtained concerning the 
violation of laws or civil obligations of others not relating to an 
active case or matter. In the interests of effective law 
enforcement, it is necessary that this valuable information be 
retained since it can aid in establishing patterns of activity and 
provide valuable leads for other agencies and future cases that may 
be brought.
    (E) From subsection (e)(2) because in a criminal investigation, 
the requirement that information be collected to the greatest extent 
possible from the subject individual would present a serious 
impediment to law enforcement in that the subject of the 
investigation would be placed on notice of the existence of the 
investigation and would therefore be able to avoid detection.
    (F) From subsection (e)(3) because the requirement that 
individuals supplying information be provided with a form stating 
the requirements of subsection (e)(3) would constitute a serious 
impediment to law enforcement in that it could compromise the 
existence of a confidential investigation, reveal the identity of 
confidential sources of information and endanger the life and 
physical safety of confidential informants.
    (G) From subsections (e)(4)(G) and (e)(4)(H) because portions of 
this system of records have been exempted from the access provisions 
of subsection (d), making these subsections not applicable.
    (H) From subsection (e)(4)(I) because the identity of specific 
sources must be withheld in order to protect the confidentiality of 
the sources of criminal and other law enforcement information. This 
exemption is further necessary to protect the privacy and physical 
safety of witnesses and informants.
    (I) From subsection (e)(5) because in the collection of 
information for law enforcement purposes it is impossible to 
determine in advance what information is accurate, relevant, timely, 
and complete. With the passage of time, seemingly irrelevant or 
untimely information may acquire new significance as further 
investigation brings new details to light and the accuracy of such 
information can only be determined in a court of law. The 
restrictions of subsection (e)(5) would restrict the ability of 
trained investigators and intelligence analysts to exercise their 
judgment reporting on investigations and impede the development of 
intelligence necessary for effective law enforcement.
    (J) From subsection (e)(8) because the individual notice 
requirements of subsection (e)(8) could present a serious impediment 
to law enforcement as this could interfere with the ability to issue 
search authorizations and could reveal investigative techniques and 
procedures.
    (K) From subsection (f) because portions of this system of 
records have been exempted from the access provisions of subsection 
(d).
    (L) From subsection (g) because portions of this system of 
records are compiled for law enforcement purposes and have been 
exempted from the access provisions of subsections (d) and (f).
    (19) System identifier: A0195-6 USACIDC.
    (i) System name: Criminal Investigation Accreditation and 
Polygraph Examiner Evaluation Files.
    (ii) Exemption: (A) Investigatory material compiled for law 
enforcement purposes, other than material within the scope of 
subsection 5 U.S.C. 552a(j)(2), may be exempt pursuant to 5 U.S.C. 
552a(k)(2). However, if an individual is denied any right, 
privilege, or benefit for which he would otherwise be entitled by 
Federal law or for which he would otherwise be eligible, as a result 
of the maintenance of such information, the individual will be 
provided access to such information except to the extent that 
disclosure would reveal the identity of a confidential source.
    (B) Investigatory material compiled solely for the purpose of 
determining suitability, eligibility, or qualifications for federal 
civilian employment, military service, federal contracts, or access 
to classified information may be exempt pursuant to 5 U.S.C. 
552a(k)(5), but only to the extent that such material would reveal 
the identity of a confidential source.
    (C) Evaluation material used to determine potential for 
promotion in the Military Services may be exempt pursuant to 5 
U.S.C. 552a(k)(7), but only to the extent that the disclosure of 
such material would reveal the identity of a confidential source.
    (D) Therefore, portions of this system of records may be exempt 
pursuant to 5 U.S.C. 552a(k)(2), (k)(5), or (k)(7) from subsections 
5 U.S.C. 552a (c)(3), (d), (e)(1), (e)(4)(G), (e)(4)(H), and (f).
    (iii) Authority: 5 U.S.C. 552a(k)(2), (k)(5), and (k)(7).
    (iv) Reasons: (A) From subsections (c)(3) because the release of 
the disclosure accounting would permit the subject of a criminal 
investigation or matter under investigation to obtain valuable 
information concerning the nature of that investigation which will 
present a serious impediment to law enforcement.
    (B) From subsection (d), because access to the records contained 
in this system would inform the subject of a criminal investigation 
of the existence of that investigation, provide the subject of the 
investigation with information that might enable him to avoid 
detection or apprehension, and would present a serious impediment to 
law enforcement.
    (C) From subsection (e)(1) because in the course of criminal 
investigations, information is often obtained concerning the 
violation of laws or civil obligations of others not relating to an 
active case or matter. In the interests of effective law 
enforcement, it is necessary that this valuable information be 
retained since it can aid in establishing patterns of activity and 
provide valuable leads for other agencies and future cases that may 
be brought.
    (D) From subsections (e)(4)(G) and (e)(4)(H) because portions of 
this system of records have been exempted from the access provisions 
of subsection (d), making these subsections not applicable.
    (E) From subsection (e)(4)(I) because the identity of specific 
sources must be withheld in order to protect the confidentiality of 
the sources of criminal and other law enforcement information. This 
exemption is further necessary to protect the privacy and physical 
safety of witnesses and informants.
    (F) From subsection (f) because portions of this system of 
records have been exempted from the access provisions of subsection 
(d).
    (20) System identifier: A02107 DAMO.
    (i) System name: Expelled or Barred Person Files.
    (ii) Exemption: Parts of this system may be exempt pursuant to 5 
U.S.C. 552a(j)(2) if the information is compiled and maintained by a 
component of the agency, which performs as its principal function 
any activity pertaining to the enforcement of criminal laws. 
Therefore, portions of this system of records may be exempt pursuant 
to 5 U.S.C. 552a(j)(2) from subsections 5 U.S.C. 552a(c)(3), (c)(4), 
(d), (e)(1), (e)(2), (e)(3), (e)(4)(G), (e)(4)(H), (e)(4)(I), 
(e)(8), (f) and (g).
    (iii) Authority: 5 U.S.C. 552a(j)(2).
    (iv) Reasons: (A) From subsection From subsection (c)(3) because 
the release of the disclosure accounting would permit the subject of 
a criminal investigation or matter under investigation to obtain 
valuable information concerning the nature of that investigation 
which will present a serious impediment to law enforcement.
    (B) From subsection (c)(4) because an exemption is being claimed 
for subsection (d), making this subsection not applicable.

[[Page 10345]]

    (C) From subsection (d) because access to the records contained 
in this system would inform the subject of a criminal investigation 
of the existence of that investigation, provide the subject of the 
investigation with information that might enable him to avoid 
detection or apprehension, and would present a serious impediment to 
law enforcement.
    (D) From subsection (e)(1) because in the course of criminal 
investigations, information is often obtained concerning the 
violation of laws or civil obligations of others not relating to an 
active case or matter. In the interests of effective law 
enforcement, it is necessary that this valuable information be 
retained since it can aid in establishing patterns of activity and 
provide valuable leads for other agencies and future cases that may 
be brought.
    (E) From subsection (e)(2) because in a criminal investigation, 
the requirement that information be collected to the greatest extent 
possible from the subject individual would present a serious 
impediment to law enforcement in that the subject of the 
investigation would be placed on notice of the existence of the 
investigation and would therefore be able to avoid detection.
    (F) From subsection (e)(3) because the requirement that 
individuals supplying information be provided with a form stating 
the requirements of subsection (e)(3) would constitute a serious 
impediment to law enforcement in that it could compromise the 
existence of a confidential investigation, reveal the identity of 
confidential sources of information and endanger the life and 
physical safety of confidential informants.
    (G) From subsections (e)(4)(G) and (e)(4)(H) because portions of 
this system of records have been exempted from the access provisions 
of subsection (d), making these subsections not applicable.
    (H) From subsection (e)(4)(I) because the identity of specific 
sources must be withheld in order to protect the confidentiality of 
the sources of criminal and other law enforcement information. This 
exemption is further necessary to protect the privacy and physical 
safety of witnesses and informants.
    (I) From subsection (e)(8) because the individual notice 
requirements of subsection (e)(8) could present a serious impediment 
to law enforcement as this could interfere with the ability to issue 
search authorizations and could reveal investigative techniques and 
procedures.
    (J) From subsection (f) because portions of this system of 
records have been exempted from the access provisions of subsection 
(d).
    (K) From subsection (g) because portions of this system of 
records are compiled for law enforcement purposes and have been 
exempted from the access provisions of subsections (d) and (f).
    (21) System identifier: A0340-21 OAA.
    (i) System name: Privacy Case Files.
    (ii) Exemption: During the processing of a Privacy Act request 
(which may include access requests, amendment requests, and requests 
for review for initial denials of such requests), exempt materials 
from other systems of records may in turn become part of the case 
record in this system. To the extent that copies of exempt records 
from those `other' systems of records are entered into this system, 
the Department of the Army hereby claims the same exemptions.
    (iii) Authority: 5 U.S.C. 552a(j)(2), and (k)(1) through (k)(7).
    (iv) Records are only exempt from pertinent provisions of 5 
U.S.C. 552a to the extent such provisions have been identified and 
an exemption claimed for the original record and the purposes 
underlying the exemption for the original record still pertain to 
the record which is now contained in this system of records. In 
general, the exemptions were claimed in order to protect properly 
classified information relating to national defense and foreign 
policy, to avoid interference during the conduct of criminal, civil, 
or administrative actions or investigations, to ensure protective 
services provided to the President and others are not compromised, 
to protect records used solely as statistical records, to protect 
the identity of confidential sources incident to Federal employment, 
military service, contract, and security clearance determinations, 
and to preserve the confidentiality and integrity of Federal 
evaluation materials. The exemption rule for the original records 
will identify the specific reasons why the records may be exempt 
from specific provisions of 5 U.S.C. 552a.
    (22) System identifier: A0351-12 DAPE.
    (i) System name: Applicants/Students, U.S. Military Academy Prep 
School.
    (ii) Exemption: (A) Investigatory material compiled solely for 
the purpose of determining suitability, eligibility, or 
qualifications for federal civilian employment, military service, 
federal contracts, or access to classified information may be exempt 
pursuant to 5 U.S.C. 552a(k)(5), but only to the extent that such 
material would reveal the identity of a confidential source.
    (B) Evaluation material used to determine potential for 
promotion in the Military Services may be exempt pursuant to 5 
U.S.C. 552a(k)(7), but only to the extent that the disclosure of 
such material would reveal the identity of a confidential source.
    (C) It is imperative that the confidential nature of evaluation 
material on individuals, furnished to the U.S. Military Academy 
Preparatory School under an express promise of confidentiality, be 
maintained to ensure the candid presentation of information 
necessary in determinations involving admission to or retention at 
the United States Military Academy and suitability for commissioned 
military service.
    (D) Therefore, portions of this system of records may be exempt 
pursuant to 5 U.S.C. 552a(k)(5) and (k)(7) subsections 5 U.S.C. 
552a(c)(3), (d), (e)(1), (e)(4)(G), (e)(4)(H), (e)(4)(I), and (f).
    (iii) Authority: 5 U.S.C. 552a(k)(5) and (k)(7).
    (iv) Reasons: (A) From subsections (c)(3) because the release of 
the disclosure accounting would permit the subject of a criminal 
investigation or matter under investigation to obtain valuable 
information concerning the nature of that investigation which will 
present a serious impediment to law enforcement.
    (B) From subsection (d), because access to the records contained 
in this system would inform the subject of a criminal investigation 
of the existence of that investigation, provide the subject of the 
investigation with information that might enable him to avoid 
detection or apprehension, and would present a serious impediment to 
law enforcement.
    (C) From subsection (e)(1) because in the course of criminal 
investigations, information is often obtained concerning the 
violation of laws or civil obligations of others not relating to an 
active case or matter. In the interests of effective law 
enforcement, it is necessary that this valuable information be 
retained since it can aid in establishing patterns of activity and 
provide valuable leads for other agencies and future cases that may 
be brought.
    (D) From subsections (e)(4)(G) and (e)(4)(H) because portions of 
this system of records have been exempted from the access provisions 
of subsection (d), making these subsections not applicable.
    (E) From subsection (e)(4)(I) because the identity of specific 
sources must be withheld in order to protect the confidentiality of 
the sources of criminal and other law enforcement information. This 
exemption is further necessary to protect the privacy and physical 
safety of witnesses and informants.
    (F) From subsection (f) because portions of this system of 
records have been exempted from the access provisions of subsection 
(d).
    (23) System identifier: A0351-17a USMA.
    (i) System name: U.S. Military Academy Candidate Files.
    (ii) Exemption: (A) Investigatory material compiled solely for 
the purpose of determining suitability, eligibility, or 
qualifications for federal civilian employment, military service, 
federal contracts, or access to classified information may be exempt 
pursuant to 5 U.S.C. 552a(k)(5), but only to the extent that such 
material would reveal the identity of a confidential source.
    (B) Testing or examination material used solely to determine 
individual qualifications for appointment or promotion in the 
Federal service may be exempt pursuant to 5 U.S.C. 552a(k)(6), if 
the disclosure would compromise the objectivity or fairness of the 
test or examination process.
    (C) Evaluation material used to determine potential for 
promotion in the Military Services may be exempt pursuant to 5 
U.S.C. 552a(k)(7), but only to the extent that the disclosure of 
such material would reveal the identity of a confidential source.
    (D) Therefore, portions of this system of records may be exempt 
pursuant to 5 U.S.C. 552a(k)(5), (k)(6) or (k)(7) from subsections 5 
U.S.C. 552a(c)(3), (d), (e)(1), (e)(4)(G), (e)(4)(H), (e)(4)(I), and 
(f).
    (iii) Authority: 5 U.S.C. 552a(k)(5), (k)(6) and (k)(7).
    (iv) Reasons: (A) From subsections (c)(3) because the release of 
the disclosure accounting would permit the subject of a criminal 
investigation or matter under investigation to obtain valuable 
information concerning the nature of that investigation which will 
present a serious impediment to law enforcement.
    (B) From subsection (d), because access to the records contained 
in this system would

[[Page 10346]]

inform the subject of a criminal investigation of the existence of 
that investigation, provide the subject of the investigation with 
information that might enable him to avoid detection or 
apprehension, and would present a serious impediment to law 
enforcement.
    (C) From subsection (e)(1) because in the course of criminal 
investigations, information is often obtained concerning the 
violation of laws or civil obligations of others not relating to an 
active case or matter. In the interests of effective law 
enforcement, it is necessary that this valuable information be 
retained since it can aid in establishing patterns of activity and 
provide valuable leads for other agencies and future cases that may 
be brought.
    (D) From subsections (e)(4)(G) and (e)(4)(H) because portions of 
this system of records have been exempted from the access provisions 
of subsection (d), making these subsections not applicable.
    (E) From subsection (e)(4)(I) because the identity of specific 
sources must be withheld in order to protect the confidentiality of 
the sources of criminal and other law enforcement information. This 
exemption is further necessary to protect the privacy and physical 
safety of witnesses and informants.
    (F) From subsection (f) because portions of this system of 
records have been exempted from the access provisions of subsection 
(d).
    (24) System identifier: A0351-17b USMA.
    (i) System name: U.S. Military Academy Management System 
Records.
    (ii) Exemption: (A) Investigatory material compiled solely for 
the purpose of determining suitability, eligibility, or 
qualifications for federal civilian employment, military service, 
federal contracts, or access to classified information may be exempt 
pursuant to 5 U.S.C. 552a(k)(5), but only to the extent that such 
material would reveal the identity of a confidential source.
    (B) Evaluation material used to determine potential for 
promotion in the Military Services may be exempt pursuant to 5 
U.S.C. 552a(k)(7), but only to the extent that the disclosure of 
such material would reveal the identity of a confidential source.
    (C) It is imperative that the confidential nature of evaluation 
and investigatory material on candidates, cadets, and graduates, 
furnished to the United States Military Academy under a promise of 
confidentiality be maintained to ensure the candid presentation of 
information necessary in determinations involving admissions to the 
Military Academy and suitability for commissioned service and future 
promotion.
    (D) Therefore, portions of this system of records may be exempt 
pursuant to 5 U.S.C. 552a(k)(5) or (k)(7) from subsections 5 U.S.C. 
552a(c)(3), (d), (e)(1), (e)(4)(G), (e)(4)(H), (e)(4)(I), and (f).
    (iii) Authority: 5 U.S.C. 552a(k)(5) and (k)(7).
    (iv) Reasons: (A) From subsections (c)(3) because the release of 
the disclosure accounting would permit the subject of a criminal 
investigation or matter under investigation to obtain valuable 
information concerning the nature of that investigation which will 
present a serious impediment to law enforcement.
    (B) From subsection (d), because access to the records contained 
in this system would inform the subject of a criminal investigation 
of the existence of that investigation, provide the subject of the 
investigation with information that might enable him to avoid 
detection or apprehension, and would present a serious impediment to 
law enforcement.
    (C) From subsection (e)(1) because in the course of criminal 
investigations, information is often obtained concerning the 
violation of laws or civil obligations of others not relating to an 
active case or matter. In the interests of effective law 
enforcement, it is necessary that this valuable information be 
retained since it can aid in establishing patterns of activity and 
provide valuable leads for other agencies and future cases that may 
be brought.
    (D) From subsections (e)(4)(G) and (e)(4)(H) because portions of 
this system of records have been exempted from the access provisions 
of subsection (d), making these subsections not applicable.
    (E) From subsection (e)(4)(I) because the identity of specific 
sources must be withheld in order to protect the confidentiality of 
the sources of criminal and other law enforcement information. This 
exemption is further necessary to protect the privacy and physical 
safety of witnesses and informants.
    (F) From subsection (f) because portions of this system of 
records have been exempted from the access provisions of subsection 
(d).
    (25) System identifier: A0380-67 DAMI.
    (i) System name: Personnel Security Clearance Information Files.
    (ii) Exemption: (A) Information specifically authorized to be 
classified under E.O. 12958, as implemented by DoD 5200.1-R, may be 
exempt pursuant to 5 U.S.C. 552a(k)(1).
    (B) Investigatory material compiled for law enforcement 
purposes, other than material within the scope of subsection 5 
U.S.C. 552a(j)(2), may be exempt pursuant to 5 U.S.C. 552a(k)(2). 
However, if an individual is denied any right, privilege, or benefit 
for which he would otherwise be entitled by Federal law or for which 
he would otherwise be eligible, as a result of the maintenance of 
such information, the individual will be provided access to such 
information except to the extent that disclosure would reveal the 
identity of a confidential source.
    (C) Investigatory material compiled solely for the purpose of 
determining suitability, eligibility, or qualifications for federal 
civilian employment, military service, federal contracts, or access 
to classified information may be exempt pursuant to 5 U.S.C. 
552a(k)(5), but only to the extent that such material would reveal 
the identity of a confidential source.
    (D) Therefore, portions of this system of records may be exempt 
pursuant to 5 U.S.C. 552a(k)(1), (k)(2), or (k)(5) from subsections 
5 U.S.C. 552a(c)(3), (d), (e)(1), (e)(4)(G), (e)(4)(H), (e)(4)(I) 
and (f).
    (iii) Authority: 5 U.S.C. 552a(k)(1), (k)(2), or (k)(5).
    (iv) Reasons: From subsection (c)(3) because the release of the 
disclosure accounting would permit the subject of a criminal 
investigation or matter under investigation to obtain valuable 
information concerning the nature of that investigation which will 
present a serious impediment to law enforcement.
    (B) From subsection (d), because access to the records contained 
in this system would inform the subject of a criminal investigation 
of the existence of that investigation, provide the subject of the 
investigation with information that might enable him to avoid 
detection or apprehension, and would present a serious impediment to 
law enforcement.
    (C) From subsection (e)(1) because in the course of criminal 
investigations, information is often obtained concerning the 
violation of laws or civil obligations of others not relating to an 
active case or matter. In the interests of effective law 
enforcement, it is necessary that this valuable information be 
retained since it can aid in establishing patterns of activity and 
provide valuable leads for other agencies and future cases that may 
be brought.
    (D) From subsections (e)(4)(G) and (e)(4)(H) because portions of 
this system of records have been exempted from the access provisions 
of subsection (d), making these subsections not applicable.
    (E) From subsection (e)(4)(I) because the identity of specific 
sources must be withheld in order to protect the confidentiality of 
the sources of criminal and other law enforcement information. This 
exemption is further necessary to protect the privacy and physical 
safety of witnesses and informants.
    (F) From subsection (f) because portions of this system of 
records have been exempted from the access provisions of subsection 
(d).
    (26) System identifier: A0381-20b DAMI.
    (i) System name: Foreign Intelligence/Counterintelligence/
Information Operations/Security Files
    (ii) Exemption: (A) Information specifically authorized to be 
classified under E.O. 12958, as implemented by DoD 5200.1-R, may be 
exempt pursuant to 5 U.S.C. 552a(k)(1).
    (B) Investigatory material compiled for law enforcement 
purposes, other than material within the scope of subsection 5 
U.S.C. 552a(j)(2), may be exempt pursuant to 5 U.S.C. 552a(k)(2). 
However, if an individual is denied any right, privilege, or benefit 
for which he would otherwise be entitled by Federal law or for which 
he would otherwise be eligible, as a result of the maintenance of 
such information, the individual will be provided access to such 
information except to the extent that disclosure would reveal the 
identity of a confidential source.
    (C) Investigatory material compiled solely for the purpose of 
determining suitability, eligibility, or qualifications for federal 
civilian employment, military service, federal contracts, or access 
to classified information may be exempt pursuant to 5 U.S.C. 
552a(k)(5), but only to the extent that such material would reveal 
the identity of a confidential source.
    (D) Therefore, portions of this system of records may be exempt 
pursuant to 5 U.S.C. 552a(k)(1), (k)(2) and (k)(5) from subsections 
5 U.S.C. 552a(c)(3), (d), (e)(1), (e)(4)(G), (e)(4)(H), (e)(4)(I), 
and (f).
    (E) To the extent that copies of exempt records from external 
systems of records are entered into A0381-10b DAMI, the Army

[[Page 10347]]

hereby claims the same exemptions for those records as claimed for 
the original primary system of which they are a part.
    (iii) Authority: 5 U.S.C. 552a(j)(2), and (k)(1) through (k)(7).
    (iv) Reasons: (A) From subsection (c)(3) because the release of 
the disclosure accounting would permit the subject of a criminal 
investigation or matter under investigation to obtain valuable 
information concerning the nature of that investigation which will 
present a serious impediment to law enforcement.
    (B) From subsection (d), because access to the records contained 
in this system would inform the subject of a criminal investigation 
of the existence of that investigation, provide the subject of the 
investigation with information that might enable him to avoid 
detection or apprehension, and would present a serious impediment to 
law enforcement.
    (C) From subsection (e)(1) because in the course of criminal 
investigations, information is often obtained concerning the 
violation of laws or civil obligations of others not relating to an 
active case or matter. In the interests of effective law 
enforcement, it is necessary that this valuable information be 
retained since it can aid in establishing patterns of activity and 
provide valuable leads for other agencies and future cases that may 
be brought.
    (D) From subsections (e)(4)(G) and (e)(4)(H) because portions of 
this system of records have been exempted from the access provisions 
of subsection (d), making these subsections not applicable.
    (E) From subsection (e)(4)(I) because the identity of specific 
sources must be withheld in order to protect the confidentiality of 
the sources of criminal and other law enforcement information. This 
exemption is further necessary to protect the privacy and physical 
safety of witnesses and informants.
    (F) From subsection (f) because portions of this system of 
records have been exempted from the access provisions of subsection 
(d).
    (G) For records that are copies of exempt records from external 
systems of records, such records are only exempt from pertinent 
provisions of 5 U.S.C. 552a to the extent such provisions have been 
identified and an exemption claimed for the original record and the 
purposes underlying the exemption for the original record still 
pertain to the record which is now contained in this system of 
records. In general, the exemptions were claimed in order to protect 
properly classified information relating to national defense and 
foreign policy, to avoid interference during the conduct of 
criminal, civil, or administrative actions or investigations, to 
ensure protective services provided to the President and others are 
not compromised, to protect records used solely as statistical 
records, to protect the identity of confidential sources incident to 
Federal employment, military service, contract, and security 
clearance determinations, to preserve the confidentiality and 
integrity of Federal testing materials, and to safeguard evaluation 
materials used for military promotions when furnished by a 
confidential source. The exemption rule for the original records 
will identify the specific reasons why the records are exempt from 
specific provisions of 5 U.S.C. 552a.
    (27) System identifier: A0381-100a DAMI.
    (i) System name: Intelligence/Counterintelligence Source Files.
    (ii) Exemption: (A) Information specifically authorized to be 
classified under E.O. 12958, as implemented by DoD 5200.1-R, may be 
exempt pursuant to 5 U.S.C. 552a(k)(1).
    (B) Investigatory material compiled for law enforcement 
purposes, other than material within the scope of subsection 5 
U.S.C. 552a(j)(2), may be exempt pursuant to 5 U.S.C. 552a(k)(2). 
However, if an individual is denied any right, privilege, or benefit 
for which he would otherwise be entitled by Federal law or for which 
he would otherwise be eligible, as a result of the maintenance of 
such information, the individual will be provided access to such 
information except to the extent that disclosure would reveal the 
identity of a confidential source.
    (C) Investigatory material compiled solely for the purpose of 
determining suitability, eligibility, or qualifications for federal 
civilian employment, military service, federal contracts, or access 
to classified information may be exempt pursuant to 5 U.S.C. 
552a(k)(5), but only to the extent that such material would reveal 
the identity of a confidential source.
    (D) Therefore, portions of this system of records may be exempt 
pursuant to 5 U.S.C. 552a(k)(1), (k)(2), or (k)(5) from subsections 
5 U.S.C. 552a(c)(3), (d), (e)(1), (e)(4)(G), (e)(4)(H), (e)(4)(I), 
and (f).
    (iii) Authority: 5 U.S.C. 552a(k)(1), (k)(2), and (k)(5).
    (iv) Reasons: (A) From subsection (c)(3) because the release of 
the disclosure accounting would permit the subject of a criminal 
investigation or matter under investigation to obtain valuable 
information concerning the nature of that investigation which will 
present a serious impediment to law enforcement.
    (B) From subsection (d), because access to the records contained 
in this system would inform the subject of a criminal investigation 
of the existence of that investigation, provide the subject of the 
investigation with information that might enable him to avoid 
detection or apprehension, and would present a serious impediment to 
law enforcement.
    (C) From subsection (e)(1) because in the course of criminal 
investigations, information is often obtained concerning the 
violation of laws or civil obligations of others not relating to an 
active case or matter. In the interests of effective law 
enforcement, it is necessary that this valuable information be 
retained since it can aid in establishing patterns of activity and 
provide valuable leads for other agencies and future cases that may 
be brought.
    (D) From subsections (e)(4)(G) and (e)(4)(H) because portions of 
this system of records have been exempted from the access provisions 
of subsection (d), making these subsections not applicable.
    (E) From subsection (e)(4)(I) because the identity of specific 
sources must be withheld in order to protect the confidentiality of 
the sources of criminal and other law enforcement information. This 
exemption is further necessary to protect the privacy and physical 
safety of witnesses and informants.
    (F) From subsection (f) because portions of this system of 
records have been exempted from the access provisions of subsection 
(d).
    (28) System identifier: A0381-100b DAMI.
    (i) System name: Technical Surveillance Index.
    (ii) Exemption: (A) Information specifically authorized to be 
classified under E.O. 12958, as implemented by DoD 5200.1-R, may be 
exempt pursuant to 5 U.S.C. 552a(k)(1).
    (B) Investigatory material compiled for law enforcement 
purposes, other than material within the scope of subsection 5 
U.S.C. 552a(j)(2), may be exempt pursuant to 5 U.S.C. 552a(k)(2). 
However, if an individual is denied any right, privilege, or benefit 
for which he would otherwise be entitled by Federal law or for which 
he would otherwise be eligible, as a result of the maintenance of 
such information, the individual will be provided access to such 
information except to the extent that disclosure would reveal the 
identity of a confidential source.
    (C) Investigatory material compiled solely for the purpose of 
determining suitability, eligibility, or qualifications for federal 
civilian employment, military service, federal contracts, or access 
to classified information may be exempt pursuant to 5 U.S.C. 
552a(k)(5), but only to the extent that such material would reveal 
the identity of a confidential source.
    (D) Therefore, portions of this system of records may be exempt 
pursuant to 5 U.S.C. 552a(k)(1), (k)(2), or (k)(5) from subsections 
5 U.S.C. 552a(c)(3), (d), (e)(1), (e)(4)(G), (e)(4)(H), (e)(4)(I), 
and (f).
    (iii) Authority: 5 U.S.C. 552a(k)(1), (k)(2) or (k)(5).
    (iv) Reasons: (A) From subsection (c)(3) because the release of 
the disclosure accounting would permit the subject of a criminal 
investigation or matter under investigation to obtain valuable 
information concerning the nature of that investigation which will 
present a serious impediment to law enforcement.
    (B) From subsection (d), because access to the records contained 
in this system would inform the subject of a criminal investigation 
of the existence of that investigation, provide the subject of the 
investigation with information that might enable him to avoid 
detection or apprehension, and would present a serious impediment to 
law enforcement.
    (C) From subsection (e)(1) because in the course of criminal 
investigations, information is often obtained concerning the 
violation of laws or civil obligations of others not relating to an 
active case or matter. In the interests of effective law 
enforcement, it is necessary that this valuable information be 
retained since it can aid in establishing patterns of activity and 
provide valuable leads for other agencies and future cases that may 
be brought.
    (D) From subsections (e)(4)(G) and (e)(4)(H) because portions of 
this system of records have been exempted from the access provisions 
of subsection (d), making these subsections not applicable.
    (E) From subsection (e)(4)(I) because the identity of specific 
sources must be withheld

[[Page 10348]]

in order to protect the confidentiality of the sources of criminal 
and other law enforcement information. This exemption is further 
necessary to protect the privacy and physical safety of witnesses 
and informants.
    (F) From subsection (f) because portions of this system of 
records have been exempted from the access provisions of subsection 
(d).
    (29) System identifier: A0600-20 DCS G-1.
    (i) System name: Sexual Assault (SADMS) and Sexual Harassment 
(SHARP) Program Records.
    (ii) Exemptions: This system of records is a compilation of 
information from other Department of Defense/Army systems of 
records. To the extent that copies of exempt records from those 
other systems of records are entered into this system of records, 
the Army G-1 hereby claims the same exemptions for the records from 
those other systems.
    (iii) Authority: 5 U.S.C. 552a(j)(2), and (k)(1) through (k)(7).
    (iv) Reasons: Records are only exempt from pertinent provisions 
of 5 U.S.C. 552a to the extent such provisions have been identified 
and an exemption claimed for the original record and the purposes 
underlying the exemption for the original record still pertain to 
the record which is now contained in this system of records. In 
general, the exemptions were claimed in order to protect properly 
classified information relating to national defense and foreign 
policy, to avoid interference during the conduct of criminal, civil, 
or administrative actions or investigations, to ensure protective 
services provided to the President and others are not compromised, 
to protect records used solely as statistical records, to protect 
the identity of confidential sources incident to Federal employment, 
military service, contract, and security clearance determinations, 
to preserve the confidentiality and integrity of Federal testing 
materials, and to safeguard evaluation materials used for military 
promotions when furnished by a confidential source. The exemption 
rule for the original records will identify the specific reasons why 
the records may be exempt from specific provisions of 5 U.S.C. 552a.
    (30) System identifier: A0601-141 DASG.
    (i) System name: Applications for Appointment to Army Medical 
Department.
    (ii) Exemption: Investigatory material compiled solely for the 
purpose of determining suitability, eligibility, or qualifications 
for federal civilian employment, military service, federal 
contracts, or access to classified information may be exempt 
pursuant to 5 U.S.C. 552a(k)(5), but only to the extent that such 
material would reveal the identity of a confidential source. 
Therefore, portions of the system of records may be exempt pursuant 
to 5 U.S.C. 552(a)(k)(5) from subsections 5 U.S.C. 552a(c)(3), (d), 
(e)(1), (e)(4)(G), (e)(4)(H), (e)(4)(I), and (f).
    (iii) Authority: 5 U.S.C. 552a(k)(5).
    (iv) Reasons: (A) From subsection (c)(3) because the release of 
the disclosure accounting would permit the subject of a criminal 
investigation or matter under investigation to obtain valuable 
information concerning the nature of that investigation which will 
present a serious impediment to law enforcement.
    (B) From subsection (d), because access to the records contained 
in this system would inform the subject of a criminal investigation 
of the existence of that investigation, provide the subject of the 
investigation with information that might enable him to avoid 
detection or apprehension, and would present a serious impediment to 
law enforcement.
    (C) From subsection (e)(1) because in the course of criminal 
investigations, information is often obtained concerning the 
violation of laws or civil obligations of others not relating to an 
active case or matter. In the interests of effective law 
enforcement, it is necessary that this valuable information be 
retained since it can aid in establishing patterns of activity and 
provide valuable leads for other agencies and future cases that may 
be brought.
    (D) From subsections (e)(4)(G) and (e)(4)(H) because portions of 
this system of records have been exempted from the access provisions 
of subsection (d), making these subsections not applicable.
    (E) From subsection (e)(4)(I) because the identity of specific 
sources must be withheld in order to protect the confidentiality of 
the sources of criminal and other law enforcement information. This 
exemption is further necessary to protect the privacy and physical 
safety of witnesses and informants.
    (F) From subsection (f) because portions of this system of 
records have been exempted from the access provisions of subsection 
(d).
    (31) System identifier: A0601-210a USAREC.
    (i) System name: Enlisted Eligibility Files.
    (ii) Exemption: Investigatory material compiled solely for the 
purpose of determining suitability, eligibility, or qualifications 
for federal civilian employment, military service, federal 
contracts, or access to classified information may be exempt 
pursuant to 5 U.S.C. 552a(k)(5), but only to the extent that such 
material would reveal the identity of a confidential source. 
Therefore, portions of this system of records may be exempt pursuant 
to 5 U.S.C. 552a(k)(5) from subsections 5 U.S.C. 552a(c)(3), (d), 
(e)(1), (e)(4)(G), (e)(4)(H), (e)(4)(I), and (f).
    (iii) Authority: 5 U.S.C. 552a(k)(5).
    (iv) Reasons: (A) From subsection (c)(3) because the release of 
the disclosure accounting would permit the subject of a criminal 
investigation or matter under investigation to obtain valuable 
information concerning the nature of that investigation which will 
present a serious impediment to law enforcement.
    (B) From subsection (d), because access to the records contained 
in this system would inform the subject of a criminal investigation 
of the existence of that investigation, provide the subject of the 
investigation with information that might enable him to avoid 
detection or apprehension, and would present a serious impediment to 
law enforcement.
    (C) From subsection (e)(1) because in the course of criminal 
investigations, information is often obtained concerning the 
violation of laws or civil obligations of others not relating to an 
active case or matter. In the interests of effective law 
enforcement, it is necessary that this valuable information be 
retained since it can aid in establishing patterns of activity and 
provide valuable leads for other agencies and future cases that may 
be brought.
    (D) From subsections (e)(4)(G) and (e)(4)(H) because portions of 
this system of records have been exempted from the access provisions 
of subsection (d), making these subsections not applicable.
    (E) From subsection (e)(4)(I) because the identity of specific 
sources must be withheld in order to protect the confidentiality of 
the sources of criminal and other law enforcement information. This 
exemption is further necessary to protect the privacy and physical 
safety of witnesses and informants.
    (F) From subsection (f) because portions of this system of 
records have been exempted from the access provisions of subsection 
(d).
    (32) System identifier: A0601-222 USMEPCOM.
    (i) System name: Armed Services Military Accession Testing.
    (ii) Exemption: Testing or examination material used solely to 
determine individual qualifications for appointment or promotion in 
the Federal service or military service may be exempt pursuant to 5 
U.S.C. 552a(k)(6), if the disclosure would compromise the 
objectivity or fairness of the test or examination process. 
Therefore, portions of the system of records may be exempt pursuant 
to 5 U.S.C. 552a(k)(6), from subsection 5 U.S.C. 552a(d).
    (iii) Authority: 5 U.S.C. 552a(k)(6).
    (iv) Reasons: An exemption is required for those portions of the 
Skill Qualification Test system pertaining to individual item 
responses and scoring keys to preclude compromise of the test and to 
ensure fairness and objectivity of the evaluation system.
    (33) System identifier: A0608-18 DASG.
    (i) System name: Army Family Advocacy Program Files.
    (ii) Exemptions: (A) Investigatory material compiled for law 
enforcement purposes, other than material within the scope of 
subsection 5 U.S.C. 552a(j)(2), may be exempt pursuant to 5 U.S.C. 
552a(k)(2). However, if an individual is denied any right, 
privilege, or benefit for which he would otherwise be entitled by 
Federal law or for which he would otherwise be eligible, as a result 
of the maintenance of such information, the individual will be 
provided access to such information except to the extent that 
disclosure would reveal the identity of a confidential source.
    (B) Investigative material compiled solely for the purpose of 
determining suitability, eligibility, or qualifications for federal 
civilian employment, military service, federal contracts, or access 
to classified information may be exempt pursuant to 5 U.S.C. 
552a(k)(5), but only to the extent that such material would reveal 
the identity of a confidential source.
    (C) Therefore, portions of the system of records may be exempt 
pursuant to 5 U.S.C. 552a(k)(2) or (k)(5) from subsections 5 U.S.C. 
552a(c)(3), (d), (e)(1), (e)(4)(G), (e)(4)(H), (e)(4)(I) and (f).
    (iii) Authority: 5 U.S.C. 552a(k)(2) and (k)(5).

[[Page 10349]]

    (iv) Reason: (A) From subsection (c)(3) because the release of 
the disclosure accounting would permit the subject of a criminal 
investigation or matter under investigation to obtain valuable 
information concerning the nature of that investigation which will 
present a serious impediment to law enforcement.
    (B) From subsection (d) because access to the records contained 
in this system would inform the subject of a criminal investigation 
of the existence of that investigation, provide the subject of the 
investigation with information that might enable him to avoid 
detection or apprehension, and would present a serious impediment to 
law enforcement.
    (C) From subsection (e)(1) because in the course of criminal 
investigations, information is often obtained concerning the 
violation of laws or civil obligations of others not relating to an 
active case or matter. In the interests of effective law 
enforcement, it is necessary that this valuable information be 
retained since it can aid in establishing patterns of activity and 
provide valuable leads for other agencies and future cases that may 
be brought.
    (D) From subsections (e)(4)(G) and (e)(4)(H) because the 
requirements in those subsections are inapplicable to the extent 
that portions of this system of records may be exempt from 
subsection (d), concerning individual access.
    (E) From subsection (e)(4)(I) because the identity of specific 
sources must be withheld in order to protect the confidentiality of 
the sources of criminal and other law enforcement information. This 
exemption is further necessary to protect the privacy and physical 
safety of witnesses and informants.
    (F) From subsection (f) because portions of this system of 
records have been exempted from the access provisions of subsection 
(d).
    (34) System identifier: A0614-115 DAMI.
    (i) System name: Department of the Army Operational Support 
Activities.
    (ii) Exemption: (A) Information specifically authorized to be 
classified under E.O. 12958, as implemented by DoD 5200.1-R, may be 
exempt pursuant to 5 U.S.C. 552a(k)(1).
    (B) Investigatory material compiled for law enforcement 
purposes, other than material within the scope of subsection 5 
U.S.C. 552a(j)(2), may be exempt pursuant to 5 U.S.C. 552a(k)(2). 
However, if an individual is denied any right, privilege, or benefit 
for which he would otherwise be entitled by Federal law or for which 
he would otherwise be eligible, as a result of the maintenance of 
such information, the individual will be provided access to such 
information except to the extent that disclosure would reveal the 
identity of a confidential source.
    (C) Investigatory material compiled solely for the purpose of 
determining suitability, eligibility, or qualifications for federal 
civilian employment, military service, federal contracts, or access 
to classified information may be exempt pursuant to 5 U.S.C. 
552a(k)(5), but only to the extent that such material would reveal 
the identity of a confidential source.
    (D) Therefore, portions of this system of records may be exempt 
pursuant to 5 U.S.C. 552a(k)(1), (k)(2), or (k)(5) from subsections 
5 U.S.C. 552a(c)(3), (d), (e)(1), (e)(4)(G), (e)(4)(H), (e)(4)(I) 
and (f).
    (iii) Authority: 5 U.S.C. 552a(k)(1), (k)(2), and (k)(5).
    (iv) Reasons: (A) From subsection (c)(3) because the release of 
the disclosure accounting would permit the subject of a criminal 
investigation or matter under investigation to obtain valuable 
information concerning the nature of that investigation which will 
present a serious impediment to law enforcement.
    (B) From subsection (d), because access to the records contained 
in this system would inform the subject of a criminal investigation 
of the existence of that investigation, provide the subject of the 
investigation with information that might enable him to avoid 
detection or apprehension, and would present a serious impediment to 
law enforcement.
    (C) From subsection (e)(1) because in the course of criminal 
investigations, information is often obtained concerning the 
violation of laws or civil obligations of others not relating to an 
active case or matter. In the interests of effective law 
enforcement, it is necessary that this valuable information be 
retained since it can aid in establishing patterns of activity and 
provide valuable leads for other agencies and future cases that may 
be brought.
    (D) From subsections (e)(4)(G) and (e)(4)(H) because portions of 
this system of records have been exempted from the access provisions 
of subsection (d), making these subsections not applicable.
    (E) From subsection (e)(4)(I) because the identity of specific 
sources must be withheld in order to protect the confidentiality of 
the sources of criminal and other law enforcement information. This 
exemption is further necessary to protect the privacy and physical 
safety of witnesses and informants.
    (F) From subsection (f) because portions of this system of 
records have been exempted from the access provisions of subsection 
(d).
    (35) System identifier: A0025-2 PMG (DFBA) DoD
    (i) System name: Defense Biometrics Identification Records 
System
    (ii) Exemptions: (A) Investigatory material compiled for law 
enforcement purposes may be exempt pursuant to 5 U.S.C. 552a(k)(2). 
However, if an individual is denied any right, privilege, or benefit 
for which he would otherwise be entitled by Federal law or for which 
he would otherwise be eligible, as a result of the maintenance of 
such information, the individual will be provided access to such 
information except to the extent that disclosure would reveal the 
identity of a confidential source.
    (B) Exempt materials from other sources listed above may become 
part of the case records in this system of records. To the extent 
that copies of exempt records from other sources listed above are 
entered into these case records, the Department of the Army hereby 
claims the same exemptions, (j)(2) and (k)(2), for the records as 
claimed by the source systems, specifically to the extent that 
copies of exempt records may become part of these records from 
JUSTICE/FBI-019 Terrorist Screening Records System, the Department 
of the Army hereby claims the same exemptions for the records as 
claimed at their source (JUSTICE/FBI-019, Terrorist Screening 
Records System).
    (C) Therefore, portions of this system of records may be exempt 
pursuant to 5 U.S.C. 552a(j)(2) and (k)(2) from subsections 5 U.S.C. 
552a(c)(3), (c)(4), (d), (e)(1), (e)(2), (e)(3), (e)(4)(G), 
(e)(4)(H), (e)(4)(I), (e)(5), (e)(8), (f), and (g).
    (iii) Authority: 5 U.S.C. 552a(j)(2) and(k)(2).
    (iv) Reasons: (A) From subsection (c)(3) because the release of 
the disclosure accounting would permit the subject of a criminal 
investigation or matter under investigation to obtain valuable 
information concerning the nature of that investigation which will 
present a serious impediment to law enforcement.
    (B) From subsection (c)(4) because an exemption is being claimed 
for subsection (d), making this subsection not applicable.
    (C) From subsection (d) because access to such records contained 
in this system would inform the subject of a criminal investigation 
of the existence of that investigation, provide the subject of the 
investigation with information that might enable him to avoid 
detection or apprehension, and would present a serious impediment to 
law enforcement.
    (D) From subsection (e)(1) because the nature of the criminal 
and/or civil investigative function creates unique problems in 
prescribing a specific parameter in a particular case with respect 
to what information is relevant or necessary. Also, information may 
be received which may relate to a case under the investigative 
jurisdiction of another agency. The maintenance of this information 
may be necessary to provide leads for appropriate law enforcement 
purposes and to establish patterns of activity that may relate to 
the jurisdiction of other cooperating agencies.
    (E) From subsection (e)(2) because in a criminal investigation, 
the requirement that information be collected to the greatest extent 
possible from the subject individual would present a serious 
impediment to law enforcement in that the subject of the 
investigation would be placed on notice of the existence of the 
investigation and would therefore be able to avoid detection.
    (F) From subsection (e)(3) because the requirement that 
individuals supplying information be provided with a form stating 
the requirements of subsection (e)(3) would constitute a serious 
impediment to law enforcement in that it could compromise the 
existence of a confidential investigation, reveal the identity of 
confidential sources of information and endanger the life and 
physical safety of confidential informants.
    (G) From subsections (e)(4)(G) and (e)(4)(H) because the 
requirements in those subsections are inapplicable to the extent 
that portions of this system of records may be exempt from 
subsection (d), concerning individual access.
    (H) From subsection (e)(4)(I) because the identity of specific 
sources must be withheld in order to protect the confidentiality of 
the sources of criminal and other law enforcement information. This 
exemption is further necessary to protect the privacy and physical 
safety of witnesses and informants.

[[Page 10350]]

    (I) From subsection (e)(5) because in the collection of 
information for law enforcement purposes, it is impossible to 
determine in advance what information is accurate, relevant, timely, 
and complete. With the passage of time, seemingly irrelevant or 
untimely information may acquire new significance as further 
investigation brings new details to light and the accuracy of such 
information can only be determined in a court of law. The 
restrictions of subsection (e)(5) would restrict the ability of 
trained investigators and intelligence analysts to exercise their 
judgment in reporting on investigations and impede the development 
of intelligence necessary for effective law enforcement.
    (J) From subsection (e)(8) because the individual notice 
requirements of subsection (e)(8) could present a serious impediment 
to law enforcement as this could interfere with the ability to issue 
search authorizations and could reveal investigative techniques and 
procedures.
    (K) From subsection (f) because portions of this system of 
records have been exempted from the access provisions of subsection 
(d).
    (L) From subsection (g) because portions of this system of 
records are compiled for law enforcement purposes and have been 
exempted from the access provisions of subsections (d) and (f).
    (h) Exempt OPM records. Three Office of Personnel Management 
systems of records apply to Army employees, except for non-
appropriated fund employees. These systems, the specific exemptions 
determined to be necessary and proper, the records exempted, 
provisions of the Privacy Act from which exempt, and justification 
are set forth below:
    (1) Personnel Investigations Records (OPM/CENTRAL-9).
    (i) Exemptions: (A) Information specifically authorized to be 
classified under E.O. 12958, as implemented by DoD 5200.1-R, may be 
exempt pursuant to 5 U.S.C. 552a(k)(1).
    (B) Investigatory material compiled for law enforcement 
purposes, other than material within the scope of subsection 5 
U.S.C. 552a(j)(2), may be exempt pursuant to 5 U.S.C. 552a(k)(2). 
However, if an individual is denied any right, privilege, or benefit 
for which he would otherwise be entitled by Federal law or for which 
he would otherwise be eligible, as a result of the maintenance of 
such information, the individual will be provided access to such 
information except to the extent that disclosure would reveal the 
identity of a confidential source.
    (C) Records maintained in connection with providing protective 
services to the President of the United States or other individuals 
pursuant to Title 18 U.S.C., section 3056 may be exempt pursuant to 
5 U.S.C. 552a(k)(3).
    (D) Investigatory material compiled solely for the purpose of 
determining suitability, eligibility, or qualifications for federal 
civilian employment, military service, federal contracts, or access 
to classified information may be exempt pursuant to 5 U.S.C. 
552a(k)(5), but only to the extent that such material would reveal 
the identity of a confidential source.
    (E) Testing or examination material used solely to determine 
individual qualifications for appointment or promotion in the 
Federal service may be exempt pursuant to 5 U.S.C. 552a(k)(6), if 
the disclosure would compromise the objectivity or fairness of the 
test or examination process.
    (F) Evaluation material used to determine potential for 
promotion in the Military Services may be exempt pursuant to 5 
U.S.C. 552a(k)(7), but only to the extent that the disclosure of 
such material would reveal the identity of a confidential source.
    (G) Therefore, portions of this system of records may be exempt 
pursuant to 5 U.S.C. 552a(k)(1), (k)(2), (k)(3), (k)(5), (k)(6), or 
(k)(7) from subsections 5 U.S.C. 552a(c)(3) and (d).
    (ii) Reasons: (A) Personnel investigations may obtain from 
another Federal agency, properly classified information which 
pertains to national defense and foreign policy. Application of 
exemption (k)(1) may be necessary to preclude the data subject's 
access to an amendment of such classified information under 5 U.S.C. 
552a(d) in order to protect such information.
    (B) Personnel investigations may contain investigatory material 
compiled for law enforcement purposes other than material within the 
scope of 5 U.S.C. 552a(j)(2), e.g., investigations into the 
administration of the merit system. Application of exemption (k)(2) 
may be necessary to preclude the data subject's access to or 
amendment of such records, under 552a(c)(3) and (d) because 
otherwise, it would inform the subject of a criminal investigation 
of the existence of that investigation, provide the subject of the 
investigation with information that might enable him to avoid 
detection or apprehension, and would present a serious impediment to 
law enforcement.
    (C) Personnel investigations may obtain from another Federal 
agency, information that relates to providing protective services to 
the President of the United States or other individuals pursuant to 
section 3056 of title 18. Application of exemption (k)(3) may be 
necessary to preclude the data subject's access to or amendment of 
such records under 5 U.S.C. 552a(d) to ensure protective services 
provided to the President and others are not compromised.
    (D) All information about individuals in these records that 
meets the criteria stated in 5 U.S.C. 552a(k)(5) is exempt from the 
requirements of 5 U.S.C. 552a(c)(3) and (d) in order to protect the 
identity of confidential sources incident to determinations of 
suitability, eligibility, or qualifications for Federal employment, 
military service, contract, and security clearance determinations.
    (E) All material and information in the records that meets the 
criteria stated in 5 U.S.C. 552a(k)(6) is exempt from the 
requirements of 5 U.S.C. 552a(d), relating to access to and 
amendment of records by the data subject in order to preserve the 
confidentiality and integrity of Federal testing materials.
    (F) All material and information in the records that meets the 
criteria stated in 5 U.S.C. 552a(k)(7) is exempt from the 
requirements of 5 U.S.C. 552a(d), relating to access to and 
amendment of records by the data subject in order to safeguard 
evaluation materials used for military promotions when furnished by 
a confidential source.
    (2) Recruiting, Examining, and Placement Records (OPM/GOVT-5).
    (i) Exemptions: (A) Investigatory material compiled solely for 
the purpose of determining suitability, eligibility, or 
qualifications for federal civilian employment, military service, 
federal contracts, or access to classified information may be exempt 
pursuant to 5 U.S.C. 552a(k)(5), but only to the extent that such 
material would reveal the identity of a confidential source.
    (B) Testing or examination material used solely to determine 
individual qualifications for appointment or promotion in the 
Federal service may be exempt pursuant to 5 U.S.C. 552a(k)(6), if 
the disclosure would compromise the objectivity or fairness of the 
test or examination process.
    (C) Therefore, portions of this system of records may be exempt 
pursuant to 5 U.S.C. 552a(k)(5), or (k)(6) from subsections 5 U.S.C. 
552a(c)(3) and (d).
    (ii) Reasons: (A) All information about individuals in these 
records that meets the criteria stated in 5 U.S.C. 552a(k)(5) is 
exempt from the requirements of 5 U.S.C. 552a(c)(3) and (d) in order 
to protect the identity of confidential sources incident to 
determinations of suitability, eligibility, or qualifications for 
Federal employment, military service, contract, and security 
clearance determinations. These exemptions are also claimed because 
this system contains investigative material compiled solely for the 
purpose of determining the appropriateness of a request for approval 
of an objection to an eligible individual's qualification for 
employment in the Federal service.
    (B) All material and information in these records that meets the 
criteria stated in 5 U.S.C. 552a(k)(6) are exempt from the 
requirements of 5 U.S.C. 552a(d), relating to access and amendment 
of records by the subject, in order to preserve the confidentiality 
and integrity of Federal testing materials.
    (3) Personnel Research Test Validation Records (OPM/GOVT-6).
    (i) Exemptions: Testing or examination material used solely to 
determine individual qualifications for appointment or promotion in 
the Federal service may be exempt pursuant to 5 U.S.C. 552a(k)(6), 
if the disclosure would compromise the objectivity or fairness of 
the test or examination process. Therefore, portions of this system 
of records may be exempt pursuant to 5 U.S.C. 552a(k)(6) from 
subsections 5 U.S.C. 552a(d).
    (ii) Reasons: All material and information in these records that 
meets the criteria stated in 5 U.S.C. 552a(k)(6) is exempt from the 
requirements of 5 U.S.C. 552a(d), relating to access to an amendment 
of the records by the data subject, in order to preserve the 
confidentiality and integrity of Federal testing materials.
    (i) Twelve Exceptions to the ``No Disclosure without Consent'' 
rule of the Privacy Act.
    (1) 5 U.S.C. 552a(b)(1)--To DoD officers and employees who have 
a need for the record in the performance of their official duties. 
This is the ``official need to know'' concept.

[[Page 10351]]

    (2) 5 U.S.C. 552a(b)(2)--FOIA requires release of the 
information pursuant to 5. U.S.C. 552.
    (3) 5 U.S.C. 552a(b)(3)--For an authorized Routine Use, i.e. the 
``Routine Use Exception.'' The Routine Use must be listed in the 
applicable system of records notice published in the Federal 
Register and the purpose of the disclosure must be compatible with 
the purpose for the published Routine Use.
    (4) 5 U.S.C. 552a(b)(4)--To the Bureau of the Census to plan or 
carry out a census or survey, or related activity pursuant to Title 
13 of the U.S. Code.
    (5) 5 U.S.C. 552a(b)(5)--To a recipient who has provided the 
Department of the Army or DoD with advance adequate written 
assurance that the record will be used solely as a statistical 
research or reporting record, and the record is to be transferred in 
a form that is not individually identifiable.
    (6) 5 U.S.C. 552a(b)(6)--To the National Archives and Records 
Administration as a record that has sufficient historical or other 
value to warrant its continued preservation by the U.S. Government, 
or for evaluation by the Archivist of the United States or the 
designee of the Archivist to determine whether the record has such 
value. Note: Records transferred to the Federal Records Centers for 
storage remain under the control of the Department of the Army and 
no accounting for disclosure is required under the Privacy Act.
    (7) 5 U.S.C. 552a(b)(7)--To another agency or instrumentality of 
any governmental jurisdiction within or under the control of the 
United States for a civil or criminal law enforcement activity, if 
the activity is authorized by law, and if the head of the agency or 
instrumentality has made a written request to the Department of the 
Army or DoD specifying the particular portion desired and the law 
enforcement activity for which the record is sought.
    (8) 5 U.S.C. 552a(b)(8)--To a person pursuant to a showing of 
compelling circumstances affecting the health or safety of an 
individual if upon such disclosure, notification is transmitted to 
the last known address of such individual.
    (9) 5 U.S.C. 552a(b)(9)--To either House of Congress, or, to the 
extent the matter is within its jurisdiction, any committee or 
subcommittee thereof, or any joint committee of Congress or 
subcommittee of any such joint committee. Requests from a 
Congressional member acting on behalf of a constituent are not 
included in this exception, but may be covered by a routine use 
exception to the Privacy Act (See applicable Army system of records 
notice).
    (10) 5 U.S.C. 552a(b)(10)--To the Comptroller General or 
authorized representatives, in the course of the performance of the 
duties of the Government Accountability Office.
    (11) 5 U.S.C. 552a(b)(11)--Pursuant to the order of a court of 
competent jurisdiction. The order must be signed by a judge.
    (12) 5 U.S.C. 552a(b)(12)--To a consumer reporting agency in 
accordance with section 3711(e) of Title 31 of the U.S. Code. The 
name, address, SSN, and other information identifying the 
individual; amount, status, and history of the claim; and the agency 
or program under which the case arose may be disclosed. However, 
before doing so, agencies must complete a series of steps designed 
to validate the debt and to offer the individual an opportunity to 
repay it.
    (j) DoD Blanket Routine Uses. In addition to specific routine 
uses which are listed in the applicable Army system of records 
notices, certain ``Blanket Routine Uses'' may apply to all DoD 
maintained systems of records. These are listed on the Defense 
Privacy and Civil Liberties Division's Web site https://dpcld.defense.gov/. These ``Blanket Routine Uses'' are not 
specifically listed in each system of records notice as the specific 
routine uses are. The current DoD ``Blanket Routine Uses'' are as 
follows--
    (1) Law Enforcement Routine Use. If a system of records 
maintained by a DoD component to carry out its functions indicates a 
violation or potential violation of law, whether civil, criminal or 
regulatory in nature, and whether arising by general statute or by 
regulation, rule, or order issued pursuant thereto, the relevant 
records in the system of records may be referred, as a routine use, 
to the agency concerned, whether federal, state, local, or foreign, 
charged with the responsibility of investigating or prosecuting such 
violation or charged with enforcing or implementing the statute, 
rule, regulation or order issued pursuant thereto.
    (2) Disclosure When Requesting Information Routine Use. A record 
from a system of records maintained by a DoD component may be 
disclosed as a routine use to a federal, state, or local agency 
maintaining civil, criminal, or other relevant enforcement 
information or other pertinent information, such as current 
licenses, if necessary to obtain information relevant to a DoD 
Component decision concerning the hiring or retention of an 
employee, the issuance of a security clearance, the letting of a 
contract, or the issuance of a license, grant or other benefit.
    (3) Disclosure of Requested Information Routine Use. A record 
from a system of records maintained by a DoD component may be 
disclosed to a Federal agency, in response to its request, in 
connection with the hiring or retention of an employee, the issuance 
of a security clearance, the reporting of an investigation of an 
employee, the letting of a contract, or the issuance of a license, 
grant, or other benefit by the requesting agency, to the extent that 
the information is relevant and necessary to the requesting agency's 
decision on the matter.
    (4) Congressional Inquiries Disclosure Routine Use. Disclosure 
from a system of records maintained by a DoD component may be made 
to a congressional office from the record of an individual in 
response to an inquiry from the congressional office made at the 
request of that individual.
    (5) Private Relief Legislation Routine Use. Relevant information 
contained in all systems of records of DoD published on or before 
August 22, 1975, may be disclosed to Office of Management and Budget 
in connection with the review of private relief legislation, as set 
forth in OMB Circular A-19, at any stage of the legislative 
coordination and clearance process as set forth in that Circular.
    (6) Disclosures Required by International Agreements Routine 
Use. A record from a system of records maintained by a DoD Component 
may be disclosed to foreign law enforcement, security, 
investigatory, or administrative authorities in order to comply with 
requirements imposed by, or to claim rights conferred in, 
international agreements and arrangements including those regulating 
the stationing and status in foreign countries of DoD military and 
civilian personnel.
    (7) Disclosure to State and Local Taxing Authorities Routine 
Use. Any information normally contained in Internal Revenue Service 
Form W-2, which is maintained in a record from a system of records 
maintained by a DoD component, may be disclosed to state and local 
taxing authorities with which the Secretary of the Treasury has 
entered into agreements pursuant to 5 U.S.C.s 5516, 5517, and 5520 
and only to those state and local taxing authorities for which an 
employee or military member is or was subject to tax regardless of 
whether tax is or was withheld. This routine use is in accordance 
with Treasury Fiscal Requirements Manual Bulletin 76-07.
    (8) Disclosure to the Office of Personnel Management Routine 
Use. A record from a system of records subject to the Privacy Act 
and maintained by a DoD Component may be disclosed to the Office of 
Personnel Management concerning information on pay and leave, 
benefits, retirement deductions, and any other information necessary 
for the Office of Personnel Management to carry out its legally 
authorized government-wide personnel management functions and 
studies.
    (9) Disclosure to the Department of Justice for Litigation 
Routine Use. A record from a system of records maintained by a DoD 
component may be disclosed as a routine use to any component of the 
Department of Justice for the purpose of representing the DoD, or 
any officer, employee, or member of the Department in pending or 
potential litigation to which the record is pertinent.
    (10) Disclosure to Military Banking Facilities Overseas Routine 
Use. Information as to current military addresses and assignments 
may be provided to military banking facilities who provide banking 
services overseas and who are reimbursed by the Government for 
certain checking and loan losses. For personnel separated, 
discharged, or retired from the Armed Forces, information as to last 
known residential or home of record address may be provided to the 
military banking facility upon certification by a banking facility 
officer that the facility has a returned or dishonored check 
negotiated by the individual or the individual has defaulted on a 
loan and that if restitution is not made by the individual, the U.S. 
Government will be liable for the losses the facility may incur.
    (11) Disclosure of Information to the General Services 
Administration Routine Use. A record from a system of records 
maintained by a DoD component may be disclosed as a routine use to 
the General Services Administration for the purpose of records 
management inspections conducted

[[Page 10352]]

under authority of 44 U.S.C. Sections 2904 and 2906.
    (12) Disclosure of Information to National Archives and Records 
Administration Routine Use. A record from a system of records 
maintained by a DoD component may be disclosed as a routine use to 
National Archives and Records Administration for the purpose of 
records management inspections conducted under authority of 44 
U.S.C.s 2904 and 2906.
    (13) Disclosure to the Merit Systems Protection Board Routine 
Use. A record from a system of records maintained by a DoD component 
may be disclosed as a routine use to the Merit Systems Protection 
Board, including the Office of the Special Counsel for the purpose 
of litigation, including administrative proceedings, appeals, 
special studies of the civil service and other merit systems, review 
of the Office of Personnel Management or component rules and 
regulations, investigation of alleged or possible prohibited 
personnel practices, including administrative proceedings involving 
any individual subject of a DoD investigation, and such other 
functions, promulgated in 5 U.S.C.s 1205 and 1206, or as may be 
authorized by law.
    (14) Counterintelligence Purposes Routine Use. A record from a 
system of records maintained by a DoD component may be disclosed as 
a routine use outside the DoD or the U.S. Government for the purpose 
of counterintelligence activities authorized by U.S. Law or 
Executive Order or for the purpose of enforcing laws which protect 
the national security of the United States.
    (15) Data Breach Remediation Purposes Routine Use. A record from 
a system of records maintained by a Component may be disclosed to 
appropriate agencies, entities, and persons when:
    (1) The Component suspects or has confirmed that the security or 
confidentiality of the information in the system of records has been 
compromised;
    (2) The Component has determined that as a result of the 
suspected or confirmed compromise there is a risk of harm to 
economic or property interests, identity theft or fraud, or harm to 
the security or integrity of this system or other systems or 
programs (whether maintained by the Component or another agency or 
entity) that rely upon the compromised information; and
    (3) The disclosure made to such agencies, entities, and persons 
is reasonably necessary to assist in connection with the Component's 
efforts to respond to the suspected or confirmed compromise and 
prevent, minimize, or remedy such harm.
    (16) Information Sharing Environment Routine Use. A record from 
a system of records maintained by a Component consisting of, or 
relating to, terrorism information (6 U.S.C. 485(a)(4)), homeland 
security information (6 U.S.C. 482(f)(1)), or law enforcement 
information (Guideline 2 Report attached to White House Memorandum, 
``Information Sharing Environment Reports,'' November 22, 2006) may 
be disclosed to a Federal, State, local, tribal, territorial, 
foreign governmental and/or multinational agency, either in response 
to its request or upon the initiative of the Component, for purposes 
of sharing such information as is necessary and relevant for the 
agencies to the detection, prevention, disruption, preemption, and 
mitigation of the effects of terrorist activities against the 
territory, people, and interests of the United States of America as 
contemplated by the Intelligence Reform and Terrorism Protection Act 
of 2004 (Pub. L. 108-458) and Executive Order 13388 (October 25, 
2005).

[FR Doc. 2015-03862 Filed 2-25-15; 8:45 am]
BILLING CODE 3710-08-P
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