Army Privacy Program, 10335-10352 [2015-03862]
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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:
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§ 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).
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(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:
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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).
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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.
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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
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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.
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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
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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,
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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
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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’’
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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.
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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
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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
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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
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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
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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
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Fmt 4700
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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
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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
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(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.
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(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
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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
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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.
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(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
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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
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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
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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
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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
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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.
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(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.
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(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
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Fmt 4700
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(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.
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(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
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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
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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
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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.
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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
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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
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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
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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
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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
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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
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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
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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).
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(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
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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
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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.
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(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
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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.
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(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.
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(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,
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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
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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
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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
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14:38 Feb 25, 2015
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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:
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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.
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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.
-----------------------------------------------------------------------
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