Department of Defense Privacy Program, 46542-46622 [2018-18213]

Agencies

• DEPARTMENT OF DEFENSE
• Office of the Secretary

[Federal Register Volume 83, Number 178 (Thursday, September 13, 2018)]
[Proposed Rules]
[Pages 46542-46622]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-18213]



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Vol. 83

Thursday,

No. 178

September 13, 2018

Part II





Department of Defense





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32 CFR Part 310





Department of Defense Privacy Program; Proposed Rule

Federal Register / Vol. 83, No. 178 / Thursday, September 13, 2018 / 
Proposed Rules

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DEPARTMENT OF DEFENSE

Office of the Secretary

32 CFR Part 310

[Docket ID: DOD-2018-OS-0008]
RIN 0790-AJ20


Department of Defense Privacy Program

AGENCY: Department of Defense.

ACTION: Proposed rule.

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SUMMARY: The Department of Defense (DoD) proposes to revise its Privacy 
regulation to implement the Privacy Act of 1974, as amended. The rule 
will also implement changes which conform to the requirements of the 
Office of Management and Budget Circular A-108, December 23, 2016. This 
part establishes and promotes uniformity in the DoD Privacy Program, 
creating a single privacy rule for the Department, while incorporating 
other administrative changes. It would take precedence over all DoD 
component publications that supplement and implement the DoD Privacy 
program. DoD plans to remove individual component rulemakings in this 
area as subsequent actions.

DATES: Comments must be received by November 13, 2018.

ADDRESSES: You may submit comments identified by docket number and/or 
RIN number and title, by any of the following methods:
     Federal Rulemaking Portal: https://www.regulations.gov. 
Follow the instructions for submitting comments.
     Mail: Department of Defense, Office of the Chief 
Management Officer, Directorate for Oversight and Compliance, 4800 Mark 
Center Drive, Suite 08D09, Attn: Mailbox 24, Alexandria, VA 22350-1700.
    Instructions: All submissions received must include the agency name 
and docket number or Regulatory Information Number (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: Cindy Allard, (703) 571-0086.

SUPPLEMENTARY INFORMATION: The DoD is proposing to revise 32 CFR part 
310 to implement section 552a of Title 5, United States Code, thus 
establishing procedures for access as well as other privacy 
protections. It would supersede the current parts 310 through 329 and 
parts 505, 701, and 806b to promote uniformity in the DoD Privacy 
program and streamline the existing rules. The existing system of 
records exemption rules that have been promulgated in accordance with 
the requirements of 5 U.S.C. 553(b)(1), (2), and (3), (c) and (e) and 
published in parts 310 through 329 and parts 505, 701, and 806b remain 
effective; however for streamlining and ease of use for the reader we 
are moving the existing exemption rules from parts 311 through 329 and 
parts 505, 701, and 806b into part 310 without amendment. The DoD 
Component Privacy rules will not be repealed until this proposed rule 
is finalized.

    Authority: The Privacy Act, 5 U.S.C. 552a, requires each agency 
that maintains a system of records to promulgate rules, pursuant to 
notice and public comment according to 5 U.S.C. 552a(f) ``Agency 
Rules.''

    This rule would also implement changes to conform to the 
requirements of the Office of Management and Budget Circular A-108, 
``Federal Agency Responsibilities for Review, Reporting, and 
Publication under the Privacy Act,'' dated December 23, 2016, which can 
be found at https://www.whitehouse.gov/sites/whitehouse.gov/files/omb/circulars/A108/omb_circular_a-108.pdf and Office of Management and 
Budget Circular A-130, ``Managing Information as a Strategic 
Resource,'' dated July 28, 2016 at https://www.whitehouse.gov/sites/whitehouse.gov/files/omb/circulars/A130/a130revised.pdf.
    This rule promotes uniformity in the DoD Privacy Program across the 
entire Department and provides notice of DoD's privacy procedures as 
well as other privacy protections to the public with no increase in 
costs on the public.
    Expected Cost Savings:
    DoD currently has 21 separate component-level privacy rules. After 
this rule is finalized, DoD will repeal all component-level privacy 
rules. This rulemaking will reduce costs and time for the public by 
consolidating the requirements for requests for access to and amendment 
of DoD information.
    Privacy requesters are a diverse community, including lawyers, 
industry professionals, reporters, and members of the public. Costs for 
these requestors can include the time required to research the current 
Privacy rule for each component and the time and preparation required 
to submit a request/appeal. DoD Privacy subject matter experts estimate 
that 40% of Privacy requests to DoD may involve consultation of the 
Code of Federal Regulations and the department's several privacy 
regulations. DoD estimates the consolidation to one privacy regulation 
will save those referring to the CFR for Privacy guidance approximately 
30 minutes of research, review, and compliance time.
    For purposes of estimating opportunity costs, DoD subject matter 
experts deemed it reasonable to use the average of a lawyer's/judicial 
law clerk's mean hourly wage ($66.44/hour), as informed by the Bureau 
of Labor and Statistics, and the 2016 federal minimum wage ($9/hour) to 
approximate an hourly wage for an average requester. That rate is 
$37.72/hour.
    Through this consolidation, DoD expects to save the requester 
community at least $63,686 annually, as reflected in the chart below 
using FY 2016 data (annualized costs over perpetuity at a 7 percent 
discount rate is -$63,686; present value costs is -$909,800). The cost 
savings anticipated by the repeal of the DoD Component rules are 
accounted for in this rulemaking and will not be separately noted in 
the individual repeal actions.

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                                                   # 2016                 40% of                                                              Projected
                                                  Access &               privacy                Time per                Hourly                   cost
             Rule                  Component       amdmt                 requests               request                wage of                savings to
                                                  requests                 (%)                 (minutes)              requester                 public
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311..........................  OSD/JS..........      2,530          x          40          x          30          x      $37.72          =    $19,086.32
312..........................  DoDIG...........        196          x          40          x          30          x       37.72          =      1,478.62
313..........................  CJCS/JS.........          0          x          40          x          30          x       37.72          =          0.00
314..........................  DARPA...........          0          x          40          x          30          x       37.72          =          0.00
315..........................  USUHS...........          0          x          40          x          30          x       37.72          =          0.00
316..........................  DISA............         65          x          40          x          30          x       37.72          =        490.36
317..........................  DCAA............         10          x          40          x          30          x       37.72          =         75.44
318..........................  DTRA............          9          x          40          x          30          x       37.72          =         67.90
319..........................  DIA.............         99          x          40          x          30          x       37.72          =        746.86
320..........................  NGA.............         11          x          40          x          30          x       37.72          =         82.98

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321..........................  DSS.............         34          x          40          x          30          x       37.72          =        256.50
322..........................  NSA/CSA.........        206          x          40          x          30          x       37.72          =      1,554.06
323..........................  DLA.............        431          x          40          x          30          x       37.72          =      3,251.46
324..........................  DFAS............        261          x          40          x          30          x       37.72          =      1,968.98
326..........................  NRO.............         18          x          40          x          30          x       37.72          =        135.79
327..........................  DeCA............         16          x          40          x          30          x       37.72          =        120.70
329..........................  NGB.............        126          x          40          x          30          x       37.72          =        950.54
505..........................  Army............      2,834          x          40          x          30          x       37.72          =     21,379.70
701..........................  DON.............      1,055          x          40          x          30          x       37.72          =      7,958.92
806b.........................  AF..............        541          x          40          x          30          x       37.72          =      4,081.30
                                                --------------------------------------------------------------------------------------------------------
    Total....................  ................  .........  ..........  .........  ..........  .........  ..........  .........  ..........    63,686.45
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    DoD seeks public comment on this analysis of time and cost savings 
as part of this proposed rule.

Regulatory Procedures

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

    Executive Orders 12866 and 13563 direct agencies to assess all 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits (including potential economic, environmental, public 
health and safety effects, distribute impacts, and equity). Executive 
Order 13563 also emphasizes the importance of quantifying both costs 
and benefits, of reducing costs, of harmonizing rules, and of promoting 
flexibility. This rule is not a significant regulatory action under 
E.O. 12866.

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

    This proposed rule is expected to be an E.O. 13771 deregulatory 
action. Details on the estimated cost savings of this rule are 
discussed in the ``expected cost savings'' section of the preamble.

2 U.S.C. Ch. 25, ``Unfunded Mandates Reform Act''

    This proposed rule is not subject to the Unfunded Mandates Reform 
Act (UMRA) (2 U.S.C. 1532) because it does not contain a federal 
mandate that may result in the expenditure by state, local, and tribal 
governments, in the aggregate, or by the private sector, of $100M or 
more in any one year.

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

    It has been certified that 32 CFR part 310 is not subject to the 
Regulatory Flexibility Act (5 U.S.C. 601), because it would not have a 
significant economic impact on a substantial number of small entities. 
The rule primarily implements the procedures for requesting access to 
and amendment of records covered by the Privacy Act and maintained by 
the Department of Defense.

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

    It has been certified that 32 CFR part 310 does not impose 
reporting or recordkeeping requirements under the Paperwork Reduction 
Act of 1995.

Executive Order 13132, ``Federalism''

    Executive Order 13132 establishes certain requirements that an 
agency must meet when it promulgates a proposed rule (and subsequent 
final rule) that imposes substantial direct requirement costs on State 
and local governments, preempts State law, or otherwise has Federalism 
implications. This proposed rule will not have a substantial effect on 
State and local governments.

List of Subjects in 32 CFR Part 310

    Privacy, Privacy Act, Records maintained on individuals.

    Accordingly, 32 CFR part 310 is proposed to be revised to read as 
follows:

PART 310--PROTECTION OF PRIVACY AND ACCESS TO AND AMENDMENT OF 
INDIVIDUAL RECORDS UNDER THE PRIVACY ACT OF 1974

Subpart A--General Provisions
Sec.
310.1 Purpose.
310.2 Definitions.
Subpart B--Requests for Access and Amendment to Records
310.3 Requesting access to records.
310.4 Access exemptions.
310.5 Responses to requests for access to records.
310.6 Appeals from denials of requests for access to records.
310.7 Requests for amendment or correction of records.
310.8 Civil remedies.
310.9 Requests for an accounting of record disclosures.
310.10 Fees.
310.11 Other rights and services.
Subpart C--Exemption Rules
310.12 Types of exemptions.
310.13 Exemptions for DoD-wide systems.
310.14 Department of the Air Force exemptions.
310.15 Department of the Army exemptions.
310.16 Department of the Navy exemptions.
310.17 Exemptions for specific Marine Corps record systems.
310.18 Defense Contract Audit Agency (DCAA) exemptions.
310.19 Defense Information Systems Agency (DISA) exemptions.
310.20 Defense Intelligence Agency (DIA) exemptions.
310.21 Defense Logistics Agency (DLA) exemptions.
310.22 Defense Security Service (DSS) exemptions.
310.23 Defense Threat Reduction Agency (DTRA) exemptions.
310.24 National Geospatial-Intelligence Agency (NGA) exemptions.
310.25 National Guard Bureau (NGB) exemptions.
310.26 National Reconnaissance Office (NRO) exemptions.
310.27 National Security Agency (NSA) exemptions.
310.28 Office of the Inspector General (OIG) exemptions.
310.29 Office of the Secretary of Defense (OSD) exemptions.

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

Subpart A--General Provisions


Sec.  310.1  Purpose.

    This part contains the rules that the Department of Defense 
(Department or DoD) follows under the Privacy Act of 1974, 5 U.S.C. 
552a. These rules should be read together with the Privacy Act. The 
rules in this part apply to all records in Privacy Act systems of 
records maintained by the Department. They describe the procedures by 
which individuals may request access to records about themselves, 
request amendment or correction of those records, and request an 
accounting of disclosures of those records by the Department to other 
entities outside the

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Department. In addition, the Department processes all Privacy Act 
requests for access to records under the Freedom of Information Act 
(FOIA), 5 U.S.C. 552, following the rules contained in 32 CFR part 286, 
giving individuals the benefit of both statutes.


Sec.  310.2  Definitions.

    DoD Components means the Office the Office of the Secretary of 
Defense (OSD), the Military Departments, the Office of the Chairman of 
the Joint Chiefs of Staff and the Joint Staff, the Combatant Commands, 
the Office of the Inspector General of the Department of Defense, the 
Defense Agencies, the DoD Field Activities, and all other 
organizational entities within the DoD (referred to collectively in 
this part as the ``DoD Components'').
    Individual means a citizen of the United States or an alien 
lawfully admitted for permanent residence, as defined in the Privacy 
Act.
    Maintain includes maintain, collect, use or disseminate, as defined 
in the Privacy Act.
    Record means any item, collection, or grouping of information about 
an individual that is maintained by an agency, including, but not 
limited to, his education, financial transactions, medical history, and 
criminal or employment history and that contains his name, or the 
identifying number, or symbol, or other identifying particular assigned 
to the individual, such as a finger or voice print or a photograph, as 
defined in the Privacy Act.
    Request for access to a record means a request made under 
subsection (d)(1) of the Privacy Act.
    Request for amendment or correction of a record means a request 
made under subsection (d)(2) of the Privacy Act.
    Request for an accounting means a request made under subsection 
(c)(3) of the Privacy Act.
    Requester means an individual who makes a request for access, a 
request for amendment or correction, or a request for an accounting 
under the Privacy Act.
    System of records means any group of records under the control of 
the Department of Defense from which information is retrieved by the 
name of the individual or by some other identifying number, symbol, or 
other identifying particular assigned to the individual as defined in 
the Privacy Act.

Subpart B--Requests for Access and Amendment to Records


Sec.  310.3  Requesting access to records.

    (a) Individuals may request access by writing to or appearing in 
person before the DoD Component that maintains the record. Written 
requests should be sent to the address listed in the record access 
procedures of the SORN containing the record requested. If the name of 
the system of records or the address for the DoD Component that has the 
record is unknown, the individual may look up the SORN or the contact 
information for the DoD Component Privacy Office at https://www.defense.gov/privacy.
    (b) For access to the Official Personnel Files of federal civilian 
employees, which are maintained in the custody of the Department under 
the authority of the Office of Personnel Management (OPM) SORN OPM/
GOVT-1, individuals must contact their DoD Component FOIA Requester 
Service Center. Contact information for DoD Component FOIA Requester 
Service Centers can be found at https://www.foia.gov/report-makerequest.html.
    (c) Requesters should provide their full name, current address and 
email address, and when requested in the access procedures of the 
applicable SORN, date of birth, place of birth, and telephone number, 
to assist the DoD Component in responding to the request and providing 
released records to the requester. The requester must sign the request 
and have it notarized or submit the request under 28 U.S.C. 1746, a law 
that permits unsworn statements to be made under penalty of perjury as 
a substitute for notarization. To assist with the identification and 
location of requested records, when requested in the access procedures 
of the applicable SORN, the requester may also, at his or her option, 
include his or her DoD Identification Number (DoD ID Number) or Social 
Security Number (SSN). Providing a DoD ID Number or SSN should be 
appropriate for the type of record being sought.
    (d) When making a request for access to records as the parent or 
guardian for an individual who is a minor or for an individual who is 
determined by a court to be incompetent, the parent/guardian must 
establish:
    (1) The identity of the individual who is the subject of the 
record;
    (2) The parent/guardian's own identity;
    (3) That the requester is the parent or guardian of that 
individual, which may be proven by providing a copy of the individual's 
birth certificate showing parentage or a court order establishing the 
guardianship; and
    (4) That the parent or guardian is acting on behalf of the 
individual in making the request.
    (e) Members of the Military Services and married persons are not 
considered minors, regardless of age.


Sec.  310.4  Access exemptions.

    DoD may deny an individual access to certain information about the 
individual that resides in a DoD Component's system of records when an 
exemption from the Privacy Act is claimed for the system of records and 
codified in the Code of Federal Regulations as described in Section 
310.12. When an exemption pursuant to subsection (j) or (k) of the 
Privacy Act exists, it will be listed in the SORN for the particular 
system in which the individual's information is located. Records 
compiled in reasonable anticipation of a civil action or proceeding may 
be withheld pursuant to subsection (d)(5) of the Privacy Act.


Sec.  310.5  Responses to requests for access to records.

    (a) Upon receipt of a request, a component will send an 
acknowledgment letter to the requester within 10 days (excluding 
Saturdays, Sundays, and legal public holidays) which shall confirm the 
requester's agreement to pay duplication fees, if any, and provide an 
assigned case file number for reference purposes.
    (b) In some cases, the DoD Component initially receiving the 
request may refer the request to another DoD Component or agency. The 
DoD Component that initially received the request will send the 
requester a notice of referral that will identify each DoD Component or 
agency to which the request has been referred, as well as which part of 
the request has been referred.
    (c) Access to protected health information, including medical 
records, is governed by the Privacy Act and DoD 6025.18-R, ``DoD Health 
Information Privacy Regulation'' (available at https://www.esd.whs.mil/Portals/54/Documents/DD/issuances/dodm/602518r.pdf).
    (d) When a DoD Component makes a determination to grant a request 
for access in whole or in part, the DoD Component shall notify the 
requester in writing or simply provide the requested record. The 
response to the request may be made in lieu of the acknowledgment of 
receipt provided the response will be made within 10 days (excluding 
Saturdays, Sundays, and legal public holidays). The DoD Component shall 
inform the requester of any fee charged for duplication of the 
record(s). If the request is made in person, the individual may receive 
the records directly in a manner not unreasonably disruptive of the DoD 
Component's operations, upon payment of any applicable fee. If the 
individual is accompanied by another person, the individual may be 
required to authorize

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in writing any discussion of the records in the presence of the other 
person.
    (e) A DoD Component denying a request for access in any respect 
shall notify the requester of that determination in writing.
    (1) The notice of denial consists of:
    (i) A determination to withhold any requested record in whole or in 
part;
    (ii) A determination that a requested record does not exist or 
cannot be located; or
    (iii) A determination that what has been requested is not a record 
subject to the Privacy Act.
    (2) The denial notification letter shall be signed by the head of 
the DoD Component, or the DoD Component head's designee, and shall 
include:
    (i) The date of the denial;
    (ii) A brief statement of the reason(s) for the denial, including 
any Privacy Act exemption(s) applied by the DoD Component in denying 
the request; and
    (iii) A statement that the denial can be appealed within 60 
calendar days in accordance with Sec.  310.6. The statement will 
include the position title and the address of the appellate authority.


Sec.  310.6  Appeals from denials of requests for access to records.

    (a) If the requester is dissatisfied with a DoD Component's 
response, the requester can appeal an adverse determination denying the 
request to the appellate authority listed in the notification of denial 
letter. The appeal must be made in writing, and it must be postmarked 
within 60 calendar days of the date of the letter denying the initial 
request for records. The letter of appeal should include a copy of the 
DoD Component's determination (including the assigned request number, 
if known). For the quickest possible handling, the appeal letter and 
the envelope should be marked: ``Privacy Act Appeal.''
    (b) The appellant will be notified of the decision on his or her 
appeal in writing. If the decision affirms the adverse determination in 
whole or in part, the notification will include a brief statement of 
the reason(s) for the affirmation, including any exemptions applied, 
and will inform the appellant of the Privacy Act provisions for 
judicial review of the appellate authority's decision. If the adverse 
determination is reversed or modified, in whole or in part, the 
appellant will be notified in writing of this decision and the request 
will be reprocessed in accordance with that appeal decision.
    (c) In order to seek a judicial review of a denial of a request for 
access to records, a requester must first file an appeal under this 
section.
    (d) An appeal ordinarily will not be acted on if the request 
becomes a matter of litigation.


Sec.  310.7  Requests for amendment or correction of records.

    (a) If the record is not subject to amendment and correction as 
stated in paragraph (b) of this section, an individual may make a 
request for amendment or correction of a DoD Component's record about 
that individual by writing directly to the DoD Component that maintains 
the record as identified in the published SORN applicable to the 
record. The request should identify each particular record in question, 
state the amendment or correction that is sought, and state why the 
record is not accurate, relevant, timely, or complete without the 
correction. The individual will also need to verify identity in the 
same manner as described in Sec. Sec.  310.4(d) through (e). Factual 
documentation that is helpful to the DoD Component privacy officials 
should be submitted with the request. If it is believed that the same 
record exists in more than one system of records, this should be stated 
in the request, and the request should be addressed to each DoD 
Component that maintains a system of records containing the record as 
noted in this paragraph.
    (b) Certain records are not subject to amendment or correction 
under the Privacy Act:
    (1) Proceedings and determinations of courts-martial, military 
tribunal, or Military Boards of Correction are not generally subject to 
amendment or correction under the Privacy Act.
    (2) Records in systems of records that have been exempted from 
amendment and correction under the Privacy Act, 5 U.S.C. 552a(j) or (k) 
are not subject to amendment or correction.
    (3) The amendment process is not intended to permit the alteration 
of records presented in the course of judicial or quasi-judicial 
proceedings such as the adjudication process for personnel security 
clearances or contesting grades in academic records. Any amendments or 
changes to these records normally are made through the specific 
procedures established for the amendment of such records.
    (4) Nothing in the amendment process is intended or designed to 
permit a collateral attack upon what has already been the subject of a 
judicial or quasi-judicial determination. However, while the individual 
may not attack the accuracy of the judicial or quasi-judicial 
determination under this part, he or she may challenge the accuracy of 
the recording of that action.
    (c) An individual requesting amendment or correction of records 
will receive a written acknowledgment of receipt of the request within 
10 days (excluding Saturdays, Sundays, and legal public holidays), as 
required by the Privacy Act. The response to the request may be made in 
lieu of the acknowledgment of receipt provided the response is made 
within 10 days (excluding Saturdays, Sundays, and legal public 
holidays). The response to the request must be made promptly and 
indicate whether the request is granted or denied.
    (d) If the request for amendment or correction is granted in whole 
or in part, the response to the individual will receive a description 
or copy of the amendment or correction made and, if a copy of the 
amended or corrected record is not included in the response, 
notification of the right to obtain a copy of the corrected or amended 
record in disclosable form.
    (e) If the request for amendment or correction is denied in whole 
or in part, the response to the individual will include a signed letter 
stating:
    (1) The reason(s) for the denial; and
    (2) The procedure for appeal of the denial under paragraph (f) of 
this section, including the name, position title and business address 
of the official who will act on the appeal.
    (f) An individual may appeal the denial of a request for amendment 
or correction to the individual's record to the appellate authority at 
the address listed in the notification of denial letter, in the same 
manner as for a denial of a request for access to records (see Sec.  
310.6). The appeal determination shall be made within 30 working days 
(excluding Saturdays, Sundays, and legal public holidays) from the date 
of the appeal, unless the period is extended for good cause. If the 
appeal is denied in whole or in part, the individual will be advised of 
the right to file a Statement of Disagreement as described in paragraph 
(g) of this section, and of the right under the Privacy Act for 
judicial review of the decision.
    (g) If an appeal under this section is denied in whole or in part, 
the individual has the right to file a Statement of Disagreement that 
states the reason(s) for disagreeing with the DoD Component's denial of 
the request for amendment or correction. Statements of Disagreement 
must be concise, must clearly identify each part of any record that is 
disputed, and should generally be no longer than one typed page. The 
Statement of Disagreement must be sent to the DoD Component holding the 
respective

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record. The Statement of Disagreement will be filed or notated in the 
system of records, and an annotation to the record itself will indicate 
the existence and location of the Statement of Disagreement.
    (h) Notifications of amendment/correction or statements of 
disagreement will be made to all persons, organizations, and agencies 
to which the record was previously disclosed if an accounting of that 
disclosure was made in accordance with subsection (c) of the Privacy 
Act and Sec.  310.9. If an individual has filed a Statement of 
Disagreement, a copy of the statement will be appended to the disputed 
record whenever the record is disclosed, and a concise statement of the 
reason(s) for denying the request to amend or correct the record may 
also be appended.


Sec.  310.8  Civil remedies.

    In addition to the right to judicial review after a denied appeal 
for access to or amendment of a record, the requester has the right to 
bring a civil action against the Department if the Department:
    (a) Fails to maintain a record concerning the individual with such 
accuracy, relevance, timeliness and completeness as is necessary to 
assure fairness in any determination relating to the qualifications, 
character, rights, opportunities of, or benefits to the individual that 
may be made on the basis of such record, and consequently a 
determination is made which is adverse to the individual; or
    (b) Fails to comply with any other provision of the Privacy Act or 
this rule, in such a way as to have an adverse effect on the 
individual.


Sec.  310.9  Requests for an accounting of record disclosures.

    (a) An individual may make a request for an accounting of any 
disclosure that has been made by the Department to another person, 
organization, or agency of any record about the individual maintained 
in a system of records.
    (b) This accounting contains the date, nature, and purpose of each 
disclosure, as well as the name and address of the person, 
organization, or agency to which the disclosure was made. Records of 
disclosure accountings are maintained for five years after the 
disclosure or for the life of the record, whichever is longer.
    (c) The request for an accounting should identify each particular 
record in question and should be made by writing directly to the DoD 
Component that maintains the record, following the procedures in Sec.  
310.3.
    (d) DoD Components are not required to provide disclosure 
accountings when related to:
    (1) Disclosures for which accountings are not required to be kept--
in other words, disclosures that are made to employees within the 
Department who have a need for the record in the performance of their 
duties and disclosures that are made under the Freedom of Information 
Act;
    (2) Disclosures made to law enforcement agencies for authorized law 
enforcement activities in response to written request from the head of 
the agency or instrumentality of those law enforcement agencies 
specifying the law enforcement activities for which the disclosures are 
sought; or
    (3) Disclosures made from systems of records that have been 
exempted from accounting requirements.
    (e) An individual may appeal a denial of a request for a disclosure 
accounting to the address listed in the notification of denial letter, 
in the same manner as a denial of a request for access to records, 
following the procedures in Sec.  310.6.


Sec.  310.10  Fees.

    (a) When an individual makes a Privacy Act request for a copy of a 
record in a system of records, the request shall be considered an 
agreement to pay all applicable fees.
    (b) There is no minimum fee for duplication, and there is no 
automatic charge for processing a request. Fees for duplication of 
records will be charged in the same manner as requests for records 
under the Freedom of Information Act.
    (c) Normally, fees are waived automatically if the direct costs of 
a given request are less than the cost of processing the fee. Decisions 
to waive or reduce fees that exceed the waiver threshold are made on a 
case-by-case basis.


Sec.  310.11  Other rights and services.

    Nothing in this part shall be construed to entitle any person, as 
of right, to any service or to the disclosure of any record to which 
such person is not entitled under the Privacy Act.

Subpart C--Exemption Rules


Sec.  310.12  Types of exemptions.

    (a) Exemptions. There are three types of exemptions permitted by 
the Privacy Act:
    (1) An access exemption that exempts records complied in reasonable 
anticipation of a civil action or proceeding from the access provisions 
of the Act, pursuant to subsection (d)(5) of the Privacy Act;
    (2) General exemptions that authorize the exemption of a system of 
records from all but certain specifically identified provisions of the 
Act, pursuant to subsection (j) of the Privacy Act; and
    (3) Specific exemptions that allow a system of records to be 
exempted only from certain designated provisions of the Act, pursuant 
to subsection (k) of the Privacy Act.
    Nothing in the Privacy Act permits exemption of any system of 
records from all provisions of the Act.
    (b) Civil Action or Proceeding. In accordance with 5 U.S.C. 
552a(d)(5), an individual is not entitled to access information that is 
compiled in reasonable anticipation of a civil action or proceeding. 
The term ``civil action or proceeding'' is intended to include court 
proceedings, preliminary judicial steps, and quasi-judicial 
administrative hearings or proceedings (i.e., adversarial proceedings 
that are subject to rules of evidence). Any information prepared in 
anticipation of such actions or proceedings, including information 
prepared to advise DoD officials of the possible legal or other 
consequences of a given course of action, is protected. The exemption 
is similar to the attorney work-product privilege except that it 
applies even when the information is prepared by non-attorneys. The 
exemption does not apply to information compiled in anticipation of 
criminal actions or proceedings.
    (c) Exempt Records Systems. Pursuant to 5 U.S.C. 552a(k)(1), all 
systems of records maintained by DoD will be exempt from the access 
provisions of 5 U.S.C. 552a(d) and the notification of access 
procedures of 5 U.S.C. 522a(e)(4)(H) to the extent that the system 
contains any information properly classified under Executive Order 
13526, and is required by the Executive Order to be kept secret in the 
interest of national defense or foreign policy. This exemption, which 
may be applicable to parts of all DoD systems of records, is necessary 
because certain record systems not otherwise specifically designated 
for exemptions herein may contain isolated items of information which 
have been properly classified.
    (d) Exempt records in non-exempt systems. Exempt records 
temporarily in the custody of another DoD Component are considered the 
property of the originating DoD Component. Access to these records is 
controlled by the system notices and rules of the originating DoD 
Component. Exempt records that have been incorporated into a nonexempt 
system of records are still exempt but only to the extent to which the

[[Page 46547]]

provisions of the Act for which an exemption has been claimed are 
identified. An exemption claimed for the system of records from which 
the record is obtained remains in effect when the purposes underlying 
the exemption for the record are still valid and necessary to protect 
the contents of the record. If a record is accidentally misfiled into a 
system of records, the system notice and rules for the system in which 
it should actually be filed shall govern.


Sec.  310.13  Exemptions for DoD-wide systems.

    (a) DoD-wide exemptions for DoD-wide systems of records are 
established pursuant to 5 U.S.C. 552a(j) and (k) of the Privacy Act. 
The following exemptions are applicable to the following DoD-wide 
system(s) of records:
    (1) System identifier and name: DUSDI 01-DoD ``Department of 
Defense (DoD) Insider Threat Management and Analysis Center (DITMAC) 
and DoD Component Insider Threat Records System.''
    (i) Exemption: This system of records is exempted from subsections 
(c)(3) and (4); (d)(1), (2), (3) and (4); (e)(1), (2), (3), (4)(G)(H) 
and (I), (5) and (8); and (g) of the Privacy Act.
    (ii) Authority: 5 U.S.C. 552a(j)(2) and (k)(1), (2), (4), (5), (6), 
and (7).
    (iii) Records are only exempt from pertinent provisions of 5 U.S.C. 
552a to the extent that such provisions have been identified and an 
exemption claimed for the record and the purposes underlying the 
exemption for the record pertain to the record.
    (iv) Exemption from the particular subsections is justified for the 
following reasons:
    (A) Subsection (c)(3). To provide the subject with an accounting of 
disclosures of records in this system could inform that individual of 
the existence, nature, or scope of an actual or potential law 
enforcement or counterintelligence investigation, and thereby seriously 
impede law enforcement or counterintelligence efforts by permitting the 
record subject and other persons to whom he might disclose the records 
to avoid criminal penalties, civil remedies, or counterintelligence 
measures. Access to the accounting of disclosures could also interfere 
with a civil or administrative action or investigation which may impede 
those actions or investigations. Access also could reveal the identity 
of confidential sources incident to Federal employment, military 
service, contract, and security clearance determinations.
    (B) Subsection (c)(4). This subsection is inapplicable to the 
extent that an exemption is being claimed for subsection (d).
    (C) Subsection (d)(1). Disclosure of records in the system could 
reveal the identity of confidential sources and result in an 
unwarranted invasion of the privacy of others. Disclosure may also 
reveal information relating to actual or potential criminal 
investigations. Disclosure of classified national security information 
would cause damage to the national security of the United States. 
Disclosure could also interfere with a civil or administrative action 
or investigation; reveal the identity of confidential sources incident 
to Federal employment, military service, contract, and security 
clearance determinations; and reveal the confidentiality and integrity 
of Federal testing materials and evaluation materials used for military 
promotions when furnished by a confidential source.
    (D) Subsection (d)(2). Amendment of the records could interfere 
with ongoing criminal or civil law enforcement proceedings and impose 
an impossible administrative burden by requiring investigations to be 
continuously reinvestigated.
    (E) Subsections (d)(3) and (4). These subsections are inapplicable 
to the extent exemption is claimed from subsections (d)(1) and (2).
    (F) Subsection (e)(1). It is often impossible to determine in 
advance if investigatory records contained in this system are accurate, 
relevant, timely and complete, but, in the interests of effective law 
enforcement and counterintelligence, it is necessary to retain this 
information to aid in establishing patterns of activity and provide 
investigative leads.
    (G) Subsection (e)(2). To collect information from the subject 
individual could serve notice that he or she is the subject of a 
criminal investigation and thereby present a serious impediment to such 
investigations.
    (H) Subsection (e)(3). To inform individuals as required by this 
subsection could reveal the existence of a criminal investigation and 
compromise investigative efforts.
    (I) Subsection (e)(4)(G), (H), and (I). These subsections are 
inapplicable to the extent exemption is claimed from subsections (d)(1) 
and (2).
    (J) Subsection (e)(5). It is often impossible to determine in 
advance if investigatory records contained in this system are accurate, 
relevant, timely and complete, but, in the interests of effective law 
enforcement, it is necessary to retain this information to aid in 
establishing patterns of activity and provide investigative leads.
    (K) Subsection (e)(8). To serve notice could give persons 
sufficient warning to evade investigative efforts.
    (L) Subsection (g). This subsection is inapplicable to the extent 
that the system is exempt from other specific subsections of the 
Privacy Act.
    (v) In addition, in the course of carrying out analysis for insider 
threats, exempt records from other systems of records may in turn 
become part of the case records maintained in this system. To the 
extent that copies of exempt records from those other systems of 
records are maintained into this system, the DoD claims the same 
exemptions for the records from those other systems that are entered 
into this system, as claimed for the original primary system of which 
they are a part.
    (2) [Reserved]
    (b) [Reserved]


Sec.  310.14  Department of the Air Force exemptions.

    (a) All systems of records maintained by the Department of the Air 
Force shall be exempt from the requirements of 5 U.S.C. 552a(d) 
pursuant to 5 U.S.C. 552a(k)(1) to the extent that the system contains 
any information properly classified under Executive Order 12958 and 
that is required by Executive Order to be kept classified in the 
interest of national defense or foreign policy. This exemption is 
applicable to parts of all systems of records including those not 
otherwise specifically designated for exemptions herein, which contain 
isolated items of properly classified information.
    (b) An individual is not entitled to have access to any information 
compiled in reasonable anticipation of a civil action or proceeding (5 
U.S.C. 552a(d)(5)).
    (c) No system of records within Department of the Air Force shall 
be considered exempt under subsection (j) or (k) of the Privacy Act 
until the exemption rule for the system of records has been published 
as a final rule in the Federal Register.
    (d) Consistent with the legislative purpose of the Privacy Act of 
1974, the Department of the Air Force will grant access to non-exempt 
material in the records being maintained. Disclosure will be governed 
by the Department of the Air Force's Privacy Instruction, but will be 
limited to the extent that identity of confidential sources will not be 
compromised; subjects of an investigation of an actual or potential 
violation will not be alerted to the investigation; the physical safety 
of witnesses, informants and law

[[Page 46548]]

enforcement personnel will not be endangered, the privacy of third 
parties will not be violated; and that the disclosure would not 
otherwise impede effective law enforcement. Whenever possible, 
information of the above nature will be deleted from the requested 
documents and the balance made available. The controlling principle 
behind this limited access is to allow disclosures except those 
indicated above. The decisions to release information from these 
systems will be made on a case-by-case basis.
    (e) General exemptions. The following systems of records claim an 
exemption under 5 U.S.C. 552a(j)(2), with the exception of F090 AF IG 
B, Inspector General Records and F051 AF JA F, Courts-Martial and 
Article 15 Records. They claim both the (j)(2) and (k)(2) exemption, 
and are listed under this part:
    (1) System identifier and name: F071 AF OSI A, Counter Intelligence 
Operations and Collection Records.
    (2) System identifier and name: F071 AF OSI C, Criminal Records.
    (3) System identifier and name: F071 AF OSI D, Investigative 
Support Records.
    (4) System identifier and name: F031 AF SP E, Security Forces 
Management Information System (SFMIS).
    (i) Exemption: Parts of this system may be exempt pursuant to 5 
U.S.C. 552a(j)(2) if information is compiled and maintained by a 
component of the agency which performs as its principle 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 the following subsections of 5 U.S.C. 552a(c)(3), 
(c)(4), (d), (e)(1), (e)(2), (e)(3), (e)(4)(G), and (I), (e)(5), 
(e)(8), (f), and (g).
    (ii) Authority: 5 U.S.C. 552a(j)(2).
    (iii) Reasons: (A) To protect ongoing investigations and to protect 
from access criminal investigation information contained in this record 
system, so as not to jeopardize any subsequent judicial or 
administrative process taken as a result of information contained in 
the file.
    (B) From subsection (c)(3) because the release of the disclosure 
accounting, for disclosures pursuant to the routine uses published for 
this system, would permit the subject 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.
    (C) From subsection (c)(4) because an exemption is being claimed 
for subsection this subsection will not be applicable.
    (D) From subsection (d) because access the records contained in 
this system would inform the subject of an investigation of existence 
of that investigation, provide subject of the investigation with 
information that might enable him to avoid detection, and would present 
a serious impediment to law enforcement.
    (E) From subsection (e)(4)(H) because system of records is exempt 
from individual access pursuant to subsection (j) of the Privacy Act of 
1974.
    (F) From subsection (f) because this system of records has been 
exempted from access provisions of subsection (d).
    (5) System identifier and name: F031 AF SF A, Correction and 
Rehabilitation Records.
    (i) Exemption: Parts of this system may be exempt pursuant to 5 
U.S.C. 552a(j)(2) if information is compiled and maintained by a 
component of the agency which performs as its principle function any 
activity pertaining to the enforcement of criminal laws. Portions of 
this system of records may be exempt pursuant to 5 U.S.C. 552a(j)(2) 
from the following subsections of 5 U.S.C. 552a(c)(3), (c)(4), (d), 
(e)(3), (e)(4)(G), (H) and (I), (e)(5), (e)(8), (f), and (g).
    (ii) Authority: 5 U.S.C. 552a(j)(2).
    (iii) Reasons: (A) From subsection (c)(3) because the release of 
the disclosure accounting, for disclosures pursuant to the routine uses 
published for this system, 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), this subsection will not be 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)(3) would constitute a serious impediment to 
law enforcement in that it could compromise the existence of a 
confidential investigation, reveal the identity of confidential sources 
of information and endanger the life and physical safety of 
confidential informants.
    (E) From subsections (e)(4)(G) and (H) because this system of 
records is exempt from individual access pursuant to subsections (j)(2) 
of the Privacy Act of 1974.
    (F) 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.
    (G) 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.
    (H) 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.
    (I) From subsection (f) because this system of records has been 
exempted from the access provisions of subsection (d).
    (J) From subsection (g) because this system of records compiled for 
law enforcement purposes and has been exempted from the access 
provisions of subsections (d) and (f).
    (6) System identifier and name: F090 AF IG B, Inspector General 
Records.
    (i) Exemption: (A) 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 principle 
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 the following subsections of 5 U.S.C. 
552a(c)(3), (c)(4), (d), (e)(1), (e)(2), (e)(3), (e)(4)(G), (H), and 
(I), (e)(5), (e)(8), (f), and (g).
    (B) Investigative 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).

[[Page 46549]]

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 the 
information, the individual will be provided access to the information 
exempt to the extent that disclosure would reveal the identity of a 
confidential source.

    Note to paragraph (e)(6)(i)(B):  When claimed, this exemption 
allows limited protection of investigative reports maintained in a 
system of records used in personnel or administrative actions. 
Therefore, portions of this system of records may be exempt pursuant 
to 5 U.S.C. 552a(k)(2) from the following subsections of 5 U.S.C. 
552a(c)(3), (d), (e)(1), (e)(4)(G), (H) and (I), and (f).

    (ii) Authority: 5 U.S.C. 552a(j)(2) and (k)(2).
    (iii) Reasons: (A) From subsection (c)(3) because the release of 
accounting of disclosure would inform a subject that he or she is under 
investigation. This information would provide considerable advantage to 
the subject in providing him or her with knowledge concerning the 
nature of the investigation and the coordinated investigative efforts 
and techniques employed by the cooperating agencies. This would greatly 
impede the Air Force IG's criminal law enforcement.
    (B) From subsection (c)(4) and (d), because notification would 
alert a subject to the fact that an open investigation on that 
individual is taking place, and might weaken the ongoing investigation, 
reveal investigative techniques, and place confidential informants in 
jeopardy.
    (C) 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.
    (D) From subsection (e)(2) because collecting information to the 
fullest extent possible directly from the subject individual may or may 
not be practical in a criminal and/or civil investigation.
    (E) From subsection (e)(3) because supplying an individual with a 
form containing a Privacy Act Statement would tend to inhibit 
cooperation by many individuals involved in a criminal and/or civil 
investigation. The effect would be somewhat adverse to established 
investigative methods and techniques.
    (F) From subsections (e)(4)(G), (H), and (I) because this system of 
records is exempt from the access provisions of subsection (d) and (f).
    (G) 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.
    (H) From subsection (e)(8) because the notice requirements of this 
provision could present a serious impediment to law enforcement by 
revealing investigative techniques, procedures, and existence of 
confidential investigations.
    (I) From subsection (f) because the agency's rules are inapplicable 
to those portions of the system that are exempt and would place the 
burden on the agency of either confirming or denying the existence of a 
record pertaining to a requesting individual might in itself provide an 
answer to that individual relating to an ongoing investigation. The 
conduct of a successful investigation leading to the indictment of a 
criminal offender precludes the applicability of established agency 
rules relating to verification of record, disclosure of the record to 
that individual, and record amendment procedures for this record 
system.
    (J) From subsection (g) because this system of records should be 
exempt to the extent that the civil remedies relate to provisions of 5 
U.S.C. 552a from which this rule exempts the system.
    (7) System identifier and name: F051 AF JA F, Courts-Martial and 
Article 15 Records.
    (i) 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 principle 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 the following subsection of 5 U.S.C. 552a(c)(3), 
(c)(4), (d), (e)(1), (e)(2), (e)(3), (e)(4)(G), (H) and (I), (e)(5), 
(e)(8), (f), and (g).
    (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 the 
information, the individual will be provided access to the information 
exempt to the extent that disclosure would reveal the identity of a 
confidential source.

    Note to paragraph (e)(7)(i)(B): When claimed, this exemption 
allows limited protection of investigative reports maintained in a 
system of records used in personnel or administrative actions. 
Therefore, portions of this system of records may be exempt pursuant 
to 5 U.S.C. 552a(k)(2) from the following subsections of 5 U.S.C. 
552a(c)(3), (d), (e)(1), (e)(4)(G), (H) and (I), and (f).

    (ii) Authority: 5 U.S.C. 552a(j)(2) and (k)(2).
    (iii) Reasons: (A) From subsection (c)(3) because the release of 
the disclosure accounting, for disclosures pursuant to the routine uses 
published for this system, 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), this subsection will not be 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

[[Page 46550]]

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 (H) because this system of 
records is exempt from individual access pursuant to subsections (j) 
and (k) of the Privacy Act of 1974.
    (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 this system of records has been 
exempted from the access provisions of subsection (d).
    (L) From subsection (g) because this system of records is compiled 
for law enforcement purposes and has been exempted from the access 
provisions of subsections (d) and (f).
    (8) System identifier and name: F071 JTF A, Computer Network Crime 
Case System.
    (i) 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 principle function any 
activity pertaining to the enforcement of criminal laws. Any portion of 
this system of records which falls within the provisions of 5 U.S.C. 
552a(j)(2) may be exempt from the following subsections of 5 U.S.C. 
552a(c)(3), (c)(4), (d), (e)(1), (e)(2), (e)(3), (e)(4)(G), (H), and 
(I), (e)(5), (e)(8), (f), and (g).
    (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 the 
information, the individual will be provided access to the information 
exempt to the extent that disclosure would reveal the identify of a 
confidential source.

    Note to paragraph (e)(8)(i)(B): When claimed, this exemption 
allows limited protection of investigative reports maintained in a 
system of records used in personnel or administrative actions. Any 
portion of this system of records which falls within the provisions 
of 5 U.S.C. 552a(k)(2) may be exempt from the following subsections 
of 5 U.S.C. 552a(c)(3), (d), (e)(1), (e)(4)(G), (H) and (I), and 
(f).

    (ii) Authority: 5 U.S.C. 552a(j)(2) and (k)(2).
    (iii) Reasons: (A) From subsection (c)(3) because the release of 
accounting of disclosure would inform a subject that he or she is under 
investigation. This information would provide considerable advantage to 
the subject in providing him or her with knowledge concerning the 
nature of the investigation and the coordinated investigative efforts 
and techniques employed by the cooperating agencies. This would greatly 
impede criminal law enforcement.
    (B) From subsection (c)(4) and (d), because notification would 
alert a subject to the fact that an open investigation on that 
individual is taking place, and might weaken the ongoing investigation, 
reveal investigative techniques, and place confidential informants in 
jeopardy.
    (C) 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.
    (D) From subsection (e)(2) because collecting information to the 
fullest extent possible directly from the subject individual may or may 
not be practical in a criminal and/or civil investigation.
    (E) From subsection (e)(3) because supplying an individual with a 
form containing a Privacy Act Statement would tend to inhibit 
cooperation by many individuals involved in a criminal and/or civil 
investigation. The effect would be somewhat adverse to established 
investigative methods and techniques.
    (F) From subsections (e)(4)(G), (H), and (I) because this system of 
records is exempt from the access provisions of subsection (d).
    (G) 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.
    (H) From subsection (e)(8) because the notice requirements of this 
provision could present a serious impediment to law enforcement by 
revealing investigative techniques, procedures, and existence of 
confidential investigations.
    (I) From subsection (f) because the agency's rules are inapplicable 
to those portions of the system that are exempt and would place the 
burden on the agency of either confirming or denying the existence of a 
record pertaining to a requesting individual might in itself provide an 
answer to that individual relating to an on-going investigation. The 
conduct of a successful investigation leading to the indictment of a 
criminal offender precludes the applicability of established agency 
rules relating to verification of record, disclosure of the record to 
that individual, and record amendment procedures for this record 
system.
    (J) From subsection (g) because this system of records should be 
exempt to

[[Page 46551]]

the extent that the civil remedies relate to provisions of 5 U.S.C. 
552a from which this rule exempts the system.
    (f) Specific exemptions. The following systems of records are 
subject to the specific exemptions shown:
    (1) System identifier and name: F036 USAFA K, Admissions Records.
    (i) Exemption: 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. Therefore, portions 
of this system of records (Liaison Officer Evaluation and Selection 
Panel Candidate Evaluation) may be exempt pursuant to 5 U.S.C. 
552a(k)(7) from the following subsections of 5 U.S.C. 552a(d), 
(e)(4)(H), and (f).
    (ii) Authority: 5 U.S.C. 552a(k)(7).
    (iii) Reasons: To ensure the frankness of information used to 
determine whether cadets are qualified for graduation and commissioning 
as officers in the Air Force.
    (2) System identifier and name: F036 AFPC N, Air Force Personnel 
Test 851, Test Answer Sheets.
    (i) Exemption: Testing or examination material used solely to 
determine individual qualifications for appointment or promotion in the 
federal 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 
this system of records may be exempt pursuant to 5 U.S.C. 552a(k)(6) 
from the following subsections of 5 U.S.C. 552a(c)(3); (d); (e)(4)(G), 
(H), and (I); and (f).
    (ii) Authority: 5 U.S.C. 552a(k)(6).
    (iii) Reasons: To protect the objectivity of the promotion testing 
system by keeping the test questions and answers in confidence.
    (3) System identifier and name: F036 USAFA A, Cadet Personnel 
Management System.
    (i) Exemption: 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 identify of a confidential source. Therefore, portions 
of this system of records may be exempt pursuant to 5 U.S.C. 552a(k)(7) 
from the following subsections of 5 U.S.C. 552a(d), (e)(4)(H), and (f).
    (ii) Authority: 5 U.S.C. 552a(k)(7).
    (iii) Reasons: To maintain the candor and integrity of comments 
needed to evaluate an Air Force Academy cadet for commissioning in the 
Air Force.
    (4) System identifier and name: F036 AETC I, Cadet Records.
    (i) 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) (Detachment 
Professional Officer Course Selection Rating Sheets; Air Force Reserve 
Officer Training Corps Form 0-24--Disenrollment Review; Memoranda for 
Record and Staff Papers with Staff Advice, Opinions, or Suggestions) 
may be exempt from the following subsections of 5 U.S.C. 552a(c)(3), 
(d), (e)(4)(G) and (H), and (f).
    (ii) Authority: 5 U.S.C. 552a(k)(5).
    (iii) Reasons: To protect the identity of a confidential source who 
furnishes information necessary to make determinations about the 
qualifications, eligibility, and suitability of cadets for graduation 
and commissioning in the Air Force.
    (5) System identifier and name: F044 AF SG Q, Family Advocacy 
Program Records.
    (i) Exemption: (A) Investigative 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 the information, the individual will be provided access 
to the information exempt to the extent that disclosure would reveal 
the identity of a confidential source.

    Note to paragraph (f)(5)(i)(A): When claimed, this exemption 
allows limited protection of investigative reports maintained in a 
system of records used in personnel or administrative actions.

    (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 this system of records may be exempt 
pursuant to 5 U.S.C. 552a(k)(2) and (k)(5) from the following 
subsections of 5 U.S.C. 552a(c)(3) and (d).
    (ii) Authority: 5 U.S.C. 552a(k)(2) and (k)(5).
    (iii) Reasons: From subsections (c)(3) and (d) because the 
exemption is needed to encourage those who know of exceptional medical 
or educational conditions or family maltreatments to come forward by 
protecting their identities and to protect such sources from 
embarrassment or recriminations, as well as to protect their right to 
privacy. It is essential that the identities of all individuals who 
furnish information under an express promise of confidentiality be 
protected. Granting individuals access to information relating to 
criminal and civil law enforcement, as well as the release of certain 
disclosure accounting, could interfere with ongoing investigations and 
the orderly administration of justice, in that it could result in the 
concealment, alteration, destruction, or fabrication of information; 
could hamper the identification of offenders or alleged offenders and 
the disposition of charges; and could jeopardize the safety and well 
being of parents and their children. Exempted portions of this system 
also contain information considered relevant and necessary to make a 
determination as to qualifications, eligibility, or suitability for 
Federal employment and Federal contracts, and that was obtained by 
providing an express or implied promise to the source that his or her 
identity would not be revealed to the subject of the record.
    (6) System identifier and name: F036 AF PC A, Effectiveness/
Performance Reporting System.
    (i) Exemption: Evaluation material used to determine potential for 
promotion in the Military Services (Brigadier General Selectee 
Effectiveness Reports and Colonel and Lieutenant Colonel Promotion 
Recommendations with close out dates on or before January 31, 1991) 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. Therefore, portions of this system of records may 
be exempt pursuant to 5 U.S.C. 552a(k)(7) from the following 
subsections of 5 U.S.C. 552a(c)(3), (d), (e)(4)(H), and (f).
    (ii) Authority: 5 U.S.C. 552a(k)(7).
    (iii) Reasons: (A) From subsection (c)(3) because making the 
disclosure accounting available to the individual may compromise 
express promises of confidentiality by revealing details about the 
report and identify other

[[Page 46552]]

record sources, which may result in circumvention of the access 
exemption.
    (B) From subsection (d) because individual disclosure compromises 
express promises of confidentiality conferred to protect the integrity 
of the promotion rating system.
    (C) From subsection (e)(4)(H) because of and to the extent that 
portions of this record system are exempt from the individual access 
provisions of subsection (d).
    (D) From subsection (f) because of and to the extent that portions 
of this record system are exempt from the individual access provisions 
of subsection (d).
    (7) System identifier and name: F036 AFDP A, Files on General 
Officers and Colonels Assigned to General Officer Positions.
    (i) Exemption: 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. Therefore, portions 
of this system of records may be exempt pursuant to 5 U.S.C. 552a(k)(7) 
from the following subsections of 5 U.S.C. 552a(c)(3), (d), (e)(4)(G), 
(H), and (I); and (f).
    (ii) Authority: 5 U.S.C. 552a(k)(7).
    (iii) Reasons: To protect the integrity of information used in the 
Reserve Initial Brigadier General Screening Board, the release of which 
would compromise the selection process.
    (8) System identification and name: F036 AF PC O, General Officer 
Personnel Data System.
    (i) Exemption: 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. Therefore, portions 
of this system of records (Air Force General Officer Promotion and 
Effectiveness Reports with close out dates on or before January 31, 
1991) may be exempt pursuant to 5 U.S.C. 552a(k)(7) may be exempt from 
following subsections of 5 U.S.C. 552a(c)(3), (d), (e)(4)(H), and (f).
    (ii) Authority: 5 U.S.C. 552a(k)(7).
    (iii) Reasons: (A) From subsection (c)(3) because making the 
disclosure accounting available to the individual may compromise 
express promises of confidentiality by revealing details about the 
report and identify other record sources, which may result in 
circumvention of the access exemption.
    (B) From subsection (d) because individual disclosure compromises 
express promises of confidentiality conferred to protect the integrity 
of the promotion rating system.
    (C) From subsection (e)(4)(H) because of and to the extent that 
portions of this record system are exempt from the individual access 
provisions of subsection (d).
    (D) From subsection (f) because of and to the extent that portions 
of this record system are exempt from the individual access provisions 
of subsection (d).
    (9) System identifier and name: F036 AFPC K, Historical Airman 
Promotion Master Test File.
    (i) Exemption: Testing or examination material used solely to 
determine individual qualifications for appointment or promotion in the 
federal or military service, if the disclosure would compromise the 
objectivity or fairness of the test or examination process 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 the following subsections of 5 
U.S.C. 552a(c)(3), (d), (e)(4)(G), (H), and (I), and (f).
    (ii) Authority: 5 U.S.C. 552a(k)(6).
    (iii) Reasons: To protect the integrity, objectivity, and equity of 
the promotion testing system by keeping test questions and answers in 
confidence.
    (10) System identifier and name: F071 AF OSI F, Investigative 
Applicant Processing Records.
    (i) 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 the 
following subsections of 5 U.S.C. 552a(c)(3), (d), (e)(4)(G), (H), and 
(I), and (f).
    (ii) Authority: 5 U.S.C. 552a(k)(5).
    (iii) Reasons: To protect those who gave information in confidence 
during Air Force Office of Special Investigations applicant inquiries. 
Fear of harassment could cause sources not to make frank and open 
responses about applicant qualifications. This could compromise the 
integrity of the Air Force Office of Special Investigations personnel 
program that relies on selecting only qualified people.
    (11) System identifier and name: F036 USAFA B, Master Cadet 
Personnel Record (Active/Historical).
    (i) Exemption: 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 identify of a confidential source. Therefore, portions 
of this system of records may be exempt pursuant to 5 U.S.C. 552a(k)(7) 
from the following subsections of 5 U.S.C. 552a(d), (e)(4)(H), and (f).
    (ii) Authority: 5 U.S.C. 552a(k)(7).
    (iii) Reasons: To maintain the candor and integrity of comments 
needed to evaluate a cadet for commissioning in the Air Force.
    (12) System identifier and name: F031 497IG A, Sensitive 
Compartmented Information Personnel Records.
    (i) 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 the information, the individual will be provided access 
to the information exempt to the extent that disclosure would reveal 
the identify of a confidential source.

    Note to paragraph (f)(12)(i)(A): When claimed, this exemption 
allows limited protection of investigative reports maintained in a 
system of records used in personnel or administrative actions.

    (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 the following 
subsections of 5 U.S.C. 552a(c)(3), (d), (e)(4)(G), (H), and (I), and 
(f).
    (ii) Authority: 5 U.S.C. 552a(k)(2) and (k)(5).
    (iii) Reasons: To protect the identity of sources to which proper 
promises of confidentiality have been made during investigations. 
Without these promises, sources will often be unwilling to provide 
information essential in adjudicating access in a fair and impartial 
manner.
    (13) System identifier and name: F071 AF OSI B, Security and 
Related Investigative Records.

[[Page 46553]]

    (i) 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 the 
following subsections of 5 U.S.C. 552a(c)(3), (d), (e)(4)(G), (H), and 
(I), and (f).
    (ii) Authority: 5 U.S.C. 552a(k)(5).
    (iii) Reasons: To protect the identity of those who give 
information in confidence for personnel security and related 
investigations. Fear of harassment could cause sources to refuse to 
give this information in the frank and open way needed to pinpoint 
those areas in an investigation that should be expanded to resolve 
charges of questionable conduct.
    (14) System identifier and name: F031 497IG B, Special Security 
Case Files.
    (i) 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 the 
following subsections of 5 U.S.C. 552a(c)(3), (d), (e)(4)(G), (H), and 
(I), and (f).
    (ii) Authority: 5 U.S.C. 552a(k)(5).
    (iii) Reasons: To protect the identity of those who give 
information in confidence for personnel security and related 
investigations. Fear of harassment could cause sources to refuse to 
give this information in the frank and open way needed to pinpoint 
those areas in an investigation that should be expanded to resolve 
charges of questionable conduct.
    (15) System identifier and name: F031 AF SP N, Special Security 
Files.
    (i) 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 the 
following subsections of 5 U.S.C. 552a(c)(3), (d), (e)(4)(G), (H), and 
(I), and (f).
    (ii) Authority: 5 U.S.C. 552a(k)(5).
    (iii) Reasons: To protect the identity of those who give 
information in confidence for personnel security and related 
investigations. Fear of harassment could cause them to refuse to give 
this information in the frank and open way needed to pinpoint areas in 
an investigation that should be expanded to resolve charges of 
questionable conduct.
    (16) System identifier and name: F036 AF PC P, Applications for 
Appointment and Extended Active Duty Files.
    (i) 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 the 
following subsection of 5 U.S.C. 552a(d).
    (ii) Authority: 5 U.S.C. 552a(k)(5).
    (iii) Reasons: To protect the identity of confidential sources who 
furnish information necessary to make determinations about the 
qualifications, eligibility, and suitability of health care 
professionals who apply for Reserve of the Air Force appointment or 
interservice transfer to the Air Force.
    (17) System identifier and name: F036 AF DPG, Military Equal 
Opportunity and Treatment.
    (i) Exemption: Investigative 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 the 
information, the individual will be provided access to the information 
exempt to the extent that disclosure would reveal the identity of a 
confidential source.

    Note to paragraph (f)(17)(i): When claimed, this exemption 
allows limited protection of investigative reports maintained in a 
system of records used in personnel or administrative actions. 
Therefore, portions of this system of records may be exempt pursuant 
to 5 U.S.C. 522a(k)(2) from the following subsections of 5 U.S.C. 
552a(d), (e)(4)(H), and (f).

    (ii) Authority: 5 U.S.C. 552a(k)(2).
    (iii) Reasons: (A) From subsection (d) because access to the 
records contained in this system would inform the subject of an 
investigation of the existence of that investigation, provide the 
subject of the investigation with information that might enable him to 
avoid detection, and would present a serious impediment to law 
enforcement. In addition, granting individuals access to information 
collected while an Equal Opportunity and Treatment clarification/
investigation is in progress conflicts with the just, thorough, and 
timely completion of the complaint, and could possibly enable 
individuals to interfere, obstruct, or mislead those clarifying/
investigating the complaint.
    (B) From subsection (e)(4)(H) because this system of records is 
exempt from individual access pursuant to subsection (k) of the Privacy 
Act of 1974.
    (C) From subsection (f) because this system of records has been 
exempted from the access provisions of subsection (d).
    (18) System identifier and name: F051 AF JA I, Commander Directed 
Inquiries.
    (i) Exemption: 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 the 
information, the individual will be provided access to the information 
except to the extent that disclosure would reveal the identity of a 
confidential source. Note to paragraph (f)(18)(i): When claimed, this 
exemption allows limited protection of investigative reports maintained 
in a system of records used in personnel or administrative actions. Any 
portion of this system of records which falls within the provisions of 
5 U.S.C. 552a(k)(2) may be exempt from the following subsections of 5 
U.S.C. 552a(c)(3), (d), (e)(1), (e)(4)(G), (H), and (I), and (f).
    (ii) Authority: 5 U.S.C. 552a(k)(2).
    (iii) Reasons: (A) From subsection (c)(3) because to grant access 
to the accounting for each disclosure as required by the Privacy Act, 
including the date, nature, and purpose of each disclosure and the 
identity of the recipient, could alert the subject to the existence of 
the investigation. This could seriously compromise case preparation by 
prematurely revealing its existence and nature; compromise or interfere 
with witnesses or make witnesses reluctant to cooperate; and lead to 
suppression, alteration, or destruction of evidence.

[[Page 46554]]

    (B) From subsections (d) and (f) because providing access to 
investigative records and the right to contest the contents of those 
records and force changes to be made to the information contained 
therein would seriously interfere with and thwart the orderly and 
unbiased conduct of the investigation and impede case preparation. 
Providing access rights normally afforded under the Privacy Act would 
provide the subject with valuable information that would allow 
interference with or compromise of witnesses or render witnesses 
reluctant to cooperate; lead to suppression, alteration, or destruction 
of evidence; enable individuals to conceal their wrongdoing or mislead 
the course of the investigation; and result in the secreting of or 
other disposition of assets that would make them difficult or 
impossible to reach in order to satisfy any Government claim growing 
out of the investigation or proceeding.
    (C) From subsection (e)(1) because it is not always possible to 
detect the relevance or necessity of each piece of information in the 
early stages of an investigation. In some cases, it is only after the 
information is evaluated in light of other evidence that its relevance 
and necessity will be clear.
    (D) From subsections (e)(4)(G) and (H) because this system of 
records is compiled for investigative purposes and is exempt from the 
access provisions of subsections (d) and (f).
    (E) From subsection (e)(4)(I) because to the extent that this 
provision is construed to require more detailed disclosure than the 
broad, generic information currently published in the system notice, an 
exemption from this provision is necessary to protect the 
confidentiality of sources of information and to protect privacy and 
physical safety of witnesses and informants.
    (19) [Reserved]
    (20) System identifier and name: F033 AF A, Information Requests-
Freedom of Information Act.
    (i) Exemption: During the processing of a Freedom of Information 
Act request, 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 Air Force hereby claims 
the same exemptions for the records from those `other' systems that are 
entered into this system, as claimed for the original primary system of 
which they are a part.
    (ii) Authority: 5 U.S.C. 552a(j)(2), (k)(1), (k)(2), (k)(3), 
(k)(4), (k)(5), (k)(6), and (k)(7).
    (iii) 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 the President 
and others are not compromised, 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 
are exempt from specific provisions of 5 U.S.C. 552a.
    (21) System identifier and name: F033 AF B, Privacy Act Request 
Files.
    (i) Exemption: During the processing of a Privacy Act request, 
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 Air Force hereby claims the same 
exemptions for the records from those `other' systems that are entered 
into this system, as claimed for the original primary system of which 
they are a part.
    (ii) Authority: 5 U.S.C. 552a(j)(2), (k)(1), (k)(2), (k)(3), 
(k)(4), (k)(5), (k)(6), and (k)(7).
    (iii) 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 the President 
and others are not compromised, 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 
are exempt from specific provisions of 5 U.S.C. 552a.
    (22) System identifier and name: F051 AFJA E, Judge Advocate 
General's Professional Conduct Files.
    (i) Exemption: 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, as a result of the 
maintenance of the information, the individual will be provided access 
to the information except to the extent that disclosure would reveal 
the identity of a confidential source.

    Note to paragraph (f)(22)(i): When claimed, this exemption 
allows limited protection of investigative reports maintained in a 
system of records used in personnel or administrative actions. Any 
portion of this system of records which falls within the provisions 
of 5 U.S.C. 552a(k)(2) may be exempt from the following subsections 
of 5 U.S.C. 552a(c)(3), (d), (e)(1), (e)(4)(G), (H), and (I), and 
(f).

    (ii) Authority: 5 U.S.C. 552a(k)(2).
    (iii) Reasons: (A) From subsection (c)(3) because to grant access 
to the accounting for each disclosure as required by the Privacy Act, 
including the date, nature, and purpose of each disclosure and the 
identity of the recipient, could alert the subject to the existence of 
the investigation. This could seriously compromise case preparation by 
prematurely revealing its existence and nature; compromise or interfere 
with witnesses or make witnesses reluctant to cooperate; and lead to 
suppression, alteration, or destruction of evidence.
    (B) From subsections (d) and (f) because providing access to 
investigative records and the right to contest the contents of those 
records and force changes to be made to the information contained 
therein would seriously interfere with and thwart the orderly and 
unbiased conduct of the investigation and impede case preparation. 
Providing access rights normally afforded under the Privacy Act would 
provide the subject with valuable information that would allow 
interference with or compromise of witnesses or render witnesses 
reluctant to cooperate; lead to suppression, alteration, or destruction 
of evidence; enable individuals to conceal their wrongdoing or mislead 
the course of the investigation; and result in the secreting of or 
other disposition of assets that would make them difficult or 
impossible to reach in order to satisfy

[[Page 46555]]

any Government claim growing out of the investigation or proceeding.
    (C) From subsection (e)(1) because it is not always possible to 
detect the relevance or necessity of each piece of information in the 
early stages of an investigation. In some cases, it is only after the 
information is evaluated in light of other evidence that its relevance 
and necessity will be clear.
    (D) From subsections (e)(4)(G) and (H) because this system of 
records is compiled for investigative purposes and is exempt from the 
access provisions of subsections (d) and (f).
    (E) From subsection (e)(4)(I) because to the extent that this 
provision is construed to require more detailed disclosure than the 
broad, generic information currently published in the system notice, an 
exemption from this provision is necessary to protect the 
confidentiality of sources of information and to protect privacy and 
physical safety of witnesses and informants.
    (23) System identifier and name: F033 USSC A, Information 
Technology and Control Records.
    (i) Exemption: 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, as a result of the 
maintenance of the information, the individual will be provided access 
to the information except to the extent that disclosure would reveal 
the identity of a confidential source.

    Note to paragraph (f)(23)(i): When claimed, this exemption 
allows limited protection of investigative reports maintained in a 
system of records used in personnel or administrative actions. Any 
portion of this system of records which falls within the provisions 
of 5 U.S.C. 552a(k)(2) may be exempt from the following subsections 
of 5 U.S.C. 552a(c)(3), (d), (e)(1), (e)(4)(G), (H), and (I), and 
(f).

    (ii) Authority: 5 U.S.C. 552a(k)(2).
    (iii) Reasons: (A) From subsection (c)(3) because to grant access 
to the accounting for each disclosure as required by the Privacy Act, 
including the date, nature, and purpose of each disclosure and the 
identity of the recipient, could alert the subject to the existence of 
the investigation. This could seriously compromise case preparation by 
prematurely revealing its existence and nature; compromise or interfere 
with witnesses or make witnesses reluctant to cooperate; and lead to 
suppression, alteration, or destruction of evidence.
    (B) From subsections (d) and (f) because providing access to 
investigative records and the right to contest the contents of those 
records and force changes to be made to the information contained 
therein would seriously interfere with and thwart the orderly and 
unbiased conduct of the investigation and impede case preparation. 
Providing access rights normally afforded under the Privacy Act would 
provide the subject with valuable information that would allow 
interference with or compromise of witnesses or render witnesses 
reluctant to cooperate; lead to suppression, alteration, or destruction 
of evidence; enable individuals to conceal their wrongdoing or mislead 
the course of the investigation; and result in the secreting of or 
other disposition of assets that would make them difficult or 
impossible to reach in order to satisfy any Government claim growing 
out of the investigation or proceeding.
    (C) From subsection (e)(1) because it is not always possible to 
detect the relevance or necessity of each piece of information in the 
early stages of an investigation. In some cases, it is only after the 
information is evaluated in light of other evidence that its relevance 
and necessity will be clear.
    (D) From subsections (e)(4)(G) and (H) because this system of 
records is compiled for investigative purposes and is exempt from the 
access provisions of subsections (d) and (f).
    (E) From subsection (e)(4)(I) because to the extent that this 
provision is construed to require more detailed disclosure than the 
broad, generic information currently published in the system notice, an 
exemption from this provision is necessary to protect the 
confidentiality of sources of information and to protect privacy and 
physical safety of witnesses and informants.
    (24) System identifier and name: F036 AETC X, College Scholarship 
Program.
    (i) Exemption: Investigatory material compiled solely for the 
purpose of determining suitability but only to the extent that 
disclosure would reveal the identity of a confidential source. 
Therefore, portions of this system may be exempt pursuant to 5 U.S.C. 
552a(k)(5) from the following subsections of 5 U.S.C. 552a(c)(3), (d), 
and (e)(1).
    (ii) Authority: 5 U.S.C. 552a(k)(5).
    (iii) Reasons: (A) From subsection (c)(3) and (d) and when access 
to accounting disclosures and access to or amendment of records would 
cause the identity of a confidential sources to be revealed. Disclosure 
of the source's identity not only will result in the Department 
breaching the promise of confidentiality made to the source but it will 
impair the Department's future ability to compile investigatory 
material for the purpose of determining suitability, eligibility, or 
qualifications for Federal civilian employment, Federal contracts, or 
access to classified information. Unless sources can be assured that a 
promise of confidentiality will be honored, they will be less likely to 
provide information considered essential to the Department in making 
the required determinations.
    (B) From (e)(1) because in the collection of information for 
investigatory purposes, it is not always possible to determine the 
relevance and necessity of particular information in the early stages 
of the investigation. In some cases, it is only after the information 
is evaluated in light of other information that its relevance and 
necessity becomes clear. Such information permits more informed 
decision-making by the Department when making required suitability, 
eligibility, and qualification determinations.
    (25) System identifier and name: F032 AFCESA C, Civil Engineer 
System-Explosive Ordnance Records.
    (i) Exemption: Records maintained in connection with providing 
protective services to the President and other individuals under 18 
U.S.C. 3056, may be exempt pursuant to 5 U.S.C. 552a(k)(3) may be 
exempt from the following subsections of 5 U.S.C. 552a(c)(3), (d), 
(e)(1), (e)(4)(G), (H), and (I), and (f).
    (ii) Authority: 5 U.S.C. 552a(k)(3).
    (iii) Reasons: (A) From subsection (c)(3) because to grant access 
to the accounting for each disclosure as required by the Privacy Act, 
including the date, nature, and purpose of each disclosure and the 
identity of the recipient, could alert the subject to the existence of 
the investigation. This could seriously compromise case preparation by 
prematurely revealing its existence and nature; compromise or interfere 
with witnesses or make witnesses reluctant to cooperate; and lead to 
suppression, alteration, or destruction of evidence.
    (B) From subsections (d) and (f) because providing access to 
investigative records and the right to contest the contents of those 
records and force changes to be made to the information contained 
therein would seriously interfere with and thwart the orderly and 
unbiased conduct of the investigation and impede case preparation. 
Providing access rights normally afforded under the Privacy Act would 
provide the subject with valuable information that would allow

[[Page 46556]]

interference with or compromise of witnesses or render witnesses 
reluctant to cooperate; lead to suppression, alteration, or destruction 
of evidence; enable individuals to conceal their wrongdoing or mislead 
the course of the investigation; and result in the secreting of or 
other disposition of assets that would make them difficult or 
impossible to reach in order to satisfy any Government claim growing 
out of the investigation or proceeding.
    (C) From subsection (e)(1) because it is not always possible to 
detect the relevance or necessity of each piece of information in the 
early stages of an investigation. In some cases, it is only after the 
information is evaluated in light of other evidence that its relevance 
and necessity will be clear.
    (D) From subsections (e)(4)(G) and (H) because this system of 
records is compiled for investigative purposes and is exempt from the 
access provisions of subsections (d) and (f).
    (E) From subsection (e)(4)(I) because to the extent that this 
provision is construed to require more detailed disclosure than the 
broad, generic information currently published in the system notice, an 
exemption from this provision is necessary to protect the 
confidentiality of sources of information and to protect privacy and 
physical safety of witnesses and informants.
    (26) System identifier and name: F051 AF JAA, Freedom of 
Information Appeal Records.
    (i) Exemption: During the processing of a Privacy Act request, 
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 Air Force hereby claims the same 
exemptions for the records from those `other' systems that are entered 
into this system, as claimed for the original primary system of which 
they are a part.
    (ii) Authority: 5 U.S.C. 552a(j)(2), (k)(1), (k)(2), (k)(3), 
(k)(4), (k)(5), (k)(6), and (k)(7).
    (iii) 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 the President 
and others are not compromised, 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 
are exempt from specific provisions of 5 U.S.C. 552a.


Sec.  310.15  Department of the Army exemptions.

    (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 to paragraph (d)(2): 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 18 U.S.C. 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 13 U.S.C. 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, the following

[[Page 46557]]

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 maybe 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 website: 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 and name: A0020-1 SAIG, Inspector General 
Records.
    (i) 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) 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).
    (ii) Authority: 5 U.S.C. 552a(k)(2) and (k)(5).
    (iii) 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 and name: A0 025-400-2 0AA, Army Records 
Information Management System (ARIMS).
    (i) 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.
    (ii) Authority: 5 U.S.C. 552a(j)(2) and (k)(1) through (k)(7).
    (iii) 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 and name: A0025-55 OAA, Freedom of 
Information Act Program Files.
    (i) 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.
    (ii) Authority: 5 U.S.C. 552a(j)(2) and (k)(1) through (k)(7).
    (iii) 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

[[Page 46558]]

the specific reasons why the records may be exempt from specific 
provisions of 5 U.S.C. 552a.
    (4) System identifier and name: A0027-1 DAJA, General Legal Files.
    (i) 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. 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).
    (ii) Authority: 5 U.S.C. 552a(k)(1), (k)(2), (k)(5), (k)(6), and 
(k)(7).
    (iii) 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 and name: A0027-10a DAJA, Military Justice 
Files.
    (i) 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).
    (ii) Authority: 5 U.S.C. 552a(j)(2).
    (iii) 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 
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

[[Page 46559]]

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 and name: A0027-10b DAJA, Courts-Martial 
Records and Reviews.
    (i) 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).
    (ii) Authority: 5 U.S.C. 552a(j)(2).
    (iii) 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 
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 and name: A0040-5b DASG, Army Public Health 
Data Repository (APHDR).
    (i) 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).
    (ii) Authority: 5 U.S.C. 552a(k)(2) and (k)(4).
    (iii) 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

[[Page 46560]]

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 and name: A0190-5 OPMG, Vehicle Registration 
System.
    (i) 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).
    (ii) Authority: 5 U.S.C. 552a(j)(2).
    (iii) 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 and name: A0190-9 OPMG, Absentee Case Files.
    (i) 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 
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).
    (ii) Authority: 5 U.S.C. 552a(j)(2).
    (iii) 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

[[Page 46561]]

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 and name: A0190-14 OPMG, Registration and 
Permit Files.
    (i) 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).
    (ii) Authority: 5 U.S.C. 552a(k)(2).
    (iii) 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 and name: A0190-45 OPMG, Military Police 
Reporting Program Records (MPRP).
    (i) 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 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).
    (ii) Authority: 5 U.S.C. 552a(j)(2).
    (iii) 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

[[Page 46562]]

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).
    (12) System identifier and name: A0190-45a OPMG, Local Criminal 
Intelligence Files.
    (i) 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 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).
    (ii) Authority: 5 U.S.C. 552a(j)(2).
    (iii) 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 and name: A0190-45b OPMG, Serious Incident 
Reporting Files.
    (i) 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

[[Page 46563]]

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).
    (ii) Authority: 5 U.S.C. 552a(j)(2).
    (iii) 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).
    (14) System identifier and name: A0190-47 DAPM-ACC, Army 
Corrections System and Parole Board Records.
    (i) 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 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).
    (ii) Authority: 5 U.S.C. 552a(j)(2).
    (iii) 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.

[[Page 46564]]

    (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 and name: A0195-2a USACIDC, Source Register.
    (i) 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).
    (ii) Authority: 5 U.S.C. 552a(j)(2).
    (iii) 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).
    (16) System identifier and name: A0195-2b USACIDC, Criminal 
Investigation and Crime Laboratory Files.
    (i) 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).
    (ii) Authority: 5 U.S.C. 552a(j)(2).
    (iii) 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

[[Page 46565]]

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 and name: A0195-2c USACIDC DoD, DoD Criminal 
Investigation Task Force (CITF) Files.
    (i) 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).
    (ii) Authority: 5 U.S.C. 552a(j)(2).
    (iii) 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.
    (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 and name: A0195-2d USACIDC DoD, Defense 
Criminal Investigation DNA Database and Sample Repository; CODIS 
Records.
    (i) Exemption: Parts of this system may be exempt pursuant to 5 
U.S.C. 552a(j)(2) if the information is compiled

[[Page 46566]]

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).
    (ii) Authority: 5 U.S.C. 552a(j)(2).
    (iii) 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 and name: A0195-6 USACIDC, Criminal 
Investigation Accreditation and Polygraph Examiner Evaluation Files.
    (i) 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).
    (ii) Authority: 5 U.S.C. 552a(k)(2), (k)(5), and (k)(7).
    (iii) 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

[[Page 46567]]

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 and name: A02107 DAMO, Expelled or Barred 
Person Files.
    (i) 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).
    (ii) Authority: 5 U.S.C. 552a(j)(2).
    (iii) 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)(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 and name: A0340-21 OAA, Privacy Case Files.
    (i) 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.
    (ii) Authority: 5 U.S.C. 552a(j)(2), and (k)(1) through (k)(7).
    (iii) 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, 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 and name: A0351-12 DAPE, Applicants/
Students, U.S. Military Academy Prep School.
    (i) 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).
    (ii) Authority: 5 U.S.C. 552a(k)(5) and (k)(7).
    (iii) 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

[[Page 46568]]

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 and name: A0351-17a USMA, U.S. Military 
Academy Candidate Files.
    (i) 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).
    (ii) Authority: 5 U.S.C. 552a(k)(5), (k)(6) and (k)(7).
    (iii) 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).
    (24) System identifier and name: A0351-17b USMA, U.S. Military 
Academy Management System Records.
    (i) 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).
    (ii) Authority: 5 U.S.C. 552a(k)(5) and (k)(7).
    (iii) 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.

[[Page 46569]]

    (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 and name: A0380-67 DAMI, Personnel Security 
Clearance Information Files.
    (i) 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).
    (ii) Authority: 5 U.S.C. 552a(k)(1), (k)(2), or (k)(5).
    (iii) 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).
    (26) System identifier and name: A0381-20b DAMI, Foreign 
Intelligence/Counterintelligence/Information Operations/Security Files.
    (i) 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 hereby 
claims the same exemptions for those records as claimed for the 
original primary system of which they are a part.
    (ii) Authority: 5 U.S.C. 552a(j)(2), and (k)(1) through (k)(7).
    (iii) 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.

[[Page 46570]]

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 and name: A0381-100a DAMI, Intelligence/
Counterintelligence Source Files.
    (i) 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).
    (ii) Authority: 5 U.S.C. 552a(k)(1), (k)(2), and (k)(5).
    (iii) 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 and name: A0381-100b DAMI, Technical 
Surveillance Index.
    (i) 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).
    (ii) Authority: 5 U.S.C. 552a(k)(1), (k)(2) or (k)(5).
    (iii) 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

[[Page 46571]]

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 and name: A0600-20 DCSG-1, Sexual Assault 
(SADMS) and Sexual Harassment (SHARP) Program Records.
    (i) Exemption: 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.
    (ii) Authority: 5 U.S.C. 552a(j)(2), and (k)(1) through (k)(7).
    (iii) 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 and name: A0601-141 DASG, Applications for 
Appointment to Army Medical Department.
    (i) 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).
    (ii) Authority: 5 U.S.C. 552a(k)(5).
    (iii) 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 and name: A0601-210a USAREC, Enlisted 
Eligibility Files.
    (i) 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).
    (ii) Authority: 5 U.S.C. 552a(k)(5).
    (iii) 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 and name: A0608-18 DASG, Army Family 
Advocacy Program Files.
    (i) 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

[[Page 46572]]

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).
    (ii) Authority: 5 U.S.C. 552a(k)(2) and (k)(5).
    (iii) 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 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).
    (33) System identifier and name: A0614-115 DAMI, Department of the 
Army Operational Support Activities.
    (i) 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).
    (ii) Authority: 5 U.S.C. 552a(k)(1), (k)(2), and (k)(5).
    (iii) 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).
    (34) System identifier and name: A0025-2 PMG (DFBA) DoD, Defense 
Biometrics Identification Records System.
    (i) Exemption: (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).
    (ii) Authority: 5 U.S.C. 552a(j)(2) and(k)(2).

[[Page 46573]]

    (iii) 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.
    (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) 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) 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. 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

[[Page 46574]]

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) 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) 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) Exemption: 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.
    (iii) Twelve Exceptions to the ``No Disclosure without Consent'' 
rule of the Privacy Act.
    (A) 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.
    (B) 5 U.S.C. 552a(b)(2)--FOIA requires release of the information 
pursuant to 5 U.S.C. 552.
    (C) 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.
    (D) 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.
    (E) 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.
    (F) 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 to paragraph (iii)(F): 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.
    (G) 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.
    (H) 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.
    (I) 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).
    (J) 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.
    (K) 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.
    (L) 5 U.S.C. 552a(b)(12)--To a consumer reporting agency in

[[Page 46575]]

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.


Sec.  310.16  Department of the Navy exemptions.

    (a) All systems of records maintained by the DON shall be exempt 
from the requirements of the access provision of the Privacy Act (5 
U.S.C. 552a(d)) under the (k)(1) exemption, to the extent that the 
system contains information properly classified under E.O. 12958 and 
that is required by that E.O. to be kept secret in the interest of 
national defense or foreign policy. This exemption is applicable to 
parts of all systems of records including those not otherwise 
specifically designated for exemptions herein that contain isolated 
items of properly classified information.
    (1) System identifier and name: N01070-9, White House Support 
Program.
    (i) 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 
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 and other individuals under 18 U.S.C. 3506, 
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) Portions of this system of records are exempt from the 
following subsections of the Privacy Act: (c)(3), (d), (e)(1), (e)(4) 
(G) through (I), and (f).
    (ii) Authority: 5 U.S.C. 552a(k)(1), (k)(2), (k)(3), and (k)(5).
    (iii) Reasons: Exempted portions of this system contain information 
that has been properly classified under E.O. 12958, and which is 
required to be kept secret in the interest of national defense or 
foreign policy. Exempted portions of this system may also contain 
information considered relevant and necessary to make a determination 
as to qualifications, eligibility, or suitability for access to 
classified information, and which was obtained by providing an express 
or implied promise to the source that his or her identity would not be 
revealed to the subject of the record. Exempted portions of this system 
may also contain information collected and maintained in connection 
with providing protective services to the President and other 
individuals protected pursuant to 18 U.S.C. 3056. Exempted portions of 
this system may also contain investigative records compiled for law 
enforcement purposes, the disclosure of which could reveal the identity 
of sources who provide information under an express or implied promise 
of confidentiality, compromise investigative techniques and procedures, 
jeopardize the life or physical safety of law-enforcement personnel, or 
otherwise interfere with enforcement proceedings or adjudications.
    (2) System identifier and name: N01131-1, Officer Selection and 
Appointment System.
    (i) 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 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) 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.
    (D) 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.
    (E) Portions of this system of records are exempt from the 
following subsections of the Privacy Act: (c)(3), (d), (e)(1), 
(e)(4)(G) through (I), and (f).
    (ii) Authority: 5 U.S.C. 552a(k)(1), (k)(5), (k)(6), and (k)(7).
    (iii) Reasons: Granting individuals access to portions of this 
system of records could result in the disclosure of classified 
material, or the identification of sources who provided information to 
the government under an express or implied promise of confidentiality. 
Material will be screened to permit access to unclassified material and 
to information that does not disclose the identity of a confidential 
source.
    (3) System identifier and name: N01133-2, Recruiting Enlisted 
Selection System.
    (i) 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 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) 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.
    (D) 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.
    (E) Portions of this system of records are exempt from the 
following subsections of the Privacy Act: (c)(3), (d), (e)(1), 
(e)(4)(G) through (I), and (f).
    (ii) Authority: 5 U.S.C. 552a(k)(1), (k)(5), (k)(6), and (k)(7).
    (iii) Reasons: Granting individuals access to portions of this 
system of records could result in the disclosure of classified 
material, or the identification of sources who provided information to 
the government under an express or implied promise of confidentiality. 
Material will be screened to permit access to unclassified material and 
to information that does not disclose the identity of a confidential 
source.

[[Page 46576]]

    (4) System identifier and name: N01640-1, Individual Correctional 
Records.
    (i) 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 principle function any 
activity pertaining to the enforcement of criminal laws.
    (B) Portions of this system of records are exempt from the 
following subsections of the Privacy Act: (c)(3), (c)(4), (d), (e)(2), 
(e)(3), (e)(4)(G) through (I), (e)(5), (e)(8), (f), and (g).
    (ii) Authority: 5 U.S.C. 552a(j)(2).
    (iii) Reason: (A) Granting individuals access to portions of these 
records pertaining to or consisting of, but not limited to, 
disciplinary reports, criminal investigations, and related statements 
of witnesses, and such other related matter in conjunction with the 
enforcement of criminal laws, could interfere with the orderly 
investigations, with the orderly administration of justice, and 
possibly enable suspects to avoid detection or apprehension. Disclosure 
of this information could result in the concealment, destruction, or 
fabrication of evidence, and jeopardize the safety and well-being of 
informants, witnesses and their families, and law enforcement personnel 
and their families. Disclosure of this information could also reveal 
and render ineffectual investigative techniques, sources, and methods 
used by these components and could result in the invasion of the 
privacy of individuals only incidentally related to an investigation. 
The exemption of the individual's right of access to portions of these 
records, and the reasons therefore, necessitate the exemption of this 
system of records from the requirement of the other cited provisions.
    (B) [Reserved]
    (5) System identifier and name: N01754-3, Navy Child Development 
Services Program.
    (i) Exemption: (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) Portions of this system of records are exempt from the 
following subsections of the Privacy Act: (c)(3) and (d).
    (ii) Authority: 5 U.S.C. 552a(k)(2).
    (iii) Reasons: (A) Exemption is needed in order to encourage 
persons having knowledge of abusive or neglectful acts toward children 
to report such information, and to protect such sources from 
embarrassment or recrimination, as well as to protect their right to 
privacy. It is essential that the identities of all individuals who 
furnish information under an express promise of confidentiality be 
protected. Additionally, granting individuals access to information 
relating to criminal and civil law enforcement, as well as the release 
of certain disclosure accountings, could interfere with ongoing 
investigations and the orderly administration of justice, in that it 
could result in the concealment, alteration, destruction, or 
fabrication of information; could hamper the identification of 
offenders and the disposition of charges; and could jeopardize the 
safety and well being of parents and their children.
    (B) [Reserved]
    (6) System identifier and name: N03834-1, Special Intelligence 
Personnel Access File.
    (i) 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 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) Portions of this system of records are exempt from the 
following subsections of the Privacy Act: (c)(3), (d), (e)(1), (e)(4) 
(G) through (I), and (f).
    (ii) Authority: 5 U.S.C. 552a(k)(1) and (k)(5).
    (iii) Reasons: (A) Exempted portions of this system contain 
information that has been properly classified under E.O. 12356, and 
that is required to be kept secret in the interest of national defense 
or foreign policy.
    (B) Exempted portions of this system also contain information 
considered relevant and necessary to make a determination as to 
qualifications, eligibility, or suitability for access to classified 
information and was obtained by providing an express or implied 
assurance to the source that his or her identity would not be revealed 
to the subject of the record.
    (7) System identifier and name: N04060-1, Navy and Marine Corps 
Exchange Sales and Security Files.
    (i) Exemption: (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) Portions of this system of records are exempt from the 
following subsections of the Privacy Act: (c)(3), (d), (e)(4)(G) 
through (I), and (f).
    (ii) Authority: 5 U.S.C. 552a(k)(2).
    (iii) Reasons: Granting individuals access to information collected 
and maintained by these activities relating to the enforcement of 
criminal laws could interfere with orderly investigations, with orderly 
administration of justice, and possibly enable suspects to avoid 
detection or apprehension. Disclosure of this information could result 
in the concealment, destruction, or fabrication of evidence, and could 
also reveal and render ineffectual investigative techniques, sources, 
and methods used by these activities.
    (8) [Reserved]
    (9) System identifier and name: N05041-1, Inspector General (IG) 
Records.
    (i) 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 
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) Portions of this system of records may be exempt from the 
provisions of 5 U.S.C. 552a(c)(3); (d); (e)(1); (e)(4)(G), (H), and 
(I); and (f).
    (ii) Authority: 5 U.S.C. 552a(k)(1) and (k)(2).
    (iii) Reasons: (A) From subsection (c)(3) because the release of 
the disclosure accounting would permit individuals to obtain valuable 
information concerning the nature of the

[[Page 46577]]

investigation and would present a serious impediment to the orderly 
conduct of any investigative activities. Such accounting could result 
in the release of properly classified information which would 
compromise the national defense or disrupt foreign policy.
    (B) From subsections (d) and (f) because access to the records 
would inform individuals of the existence and nature of the 
investigation; provide information that might result in the 
concealment, destruction, or fabrication of evidence; possibly 
jeopardize the safety and well-being of informants, witnesses and their 
families; likely reveal and render ineffectual investigatory techniques 
and methods and sources of information; and possibly result in the 
invasion of the personal privacy of third parties. Access could result 
in the release of properly classified information which could 
compromise the national defense or disrupt foreign policy. Amendment of 
the records would interfere with the ongoing investigation and impose 
an impossible administrative burden by requiring investigations to be 
continually reinvestigated.
    (C) From subsection (e)(1) because in the course of the 
investigation it is not always possible, at least in the early stages 
of the inquiry, to determine relevance and or necessity as such 
determinations may only occur after the information has been evaluated. 
Information may be obtained concerning the actual or potential 
violation of laws or regulations other than those relating to the 
ongoing investigation. Such information should be retained as it can 
aid in establishing patterns of improper activity and can provide 
valuable leads in the conduct of other investigations.
    (D) From subsection (e)(4)(G) and (H) because this system of 
records is exempt from individual access pursuant to subsections (k)(1) 
and (k)(2) of the Privacy Act of 1974.
    (E) From subsection (e)(4)(I) because it is necessary to protect 
the confidentiality of sources and to protect the privacy and physical 
safety of witnesses. Although the system is exempt from this 
requirement, the DON has published a notice in broad, generic terms in 
the belief that this is all that subsection (e)(4)(I) of the Act 
requires.
    (10) System identifier and name: N05300-3, Faculty Professional 
Files.
    (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) Portions of this system of records are exempt from the 
following subsections of the Privacy Act: (c)(3), (d), (e)(4)(G) and 
(H), and (f).
    (ii) Authority: 5 U.S.C. 552a(k)(5).
    (iii) Reasons: Exempted portions of this system contain information 
considered relevant and necessary to make a release determination as to 
qualifications, eligibility, or suitability for Federal employment, and 
was obtained by providing an express or implied promise to the source 
that his or her identity would not be revealed to the subject of the 
record.
    (11) System identifier and name: N05354-1, Equal Opportunity 
Information Management System.
    (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 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) Portions of this system of records are exempt from the 
following subsections of the Privacy Act: (c)(3), (d), (e)(4)(G) 
through (I), and (f).
    (ii) Authority: 5 U.S.C. 552a(k)(1) and (k)(5).
    (iii) Reasons: Granting access to information in this system of 
records could result in the disclosure of classified material, or 
reveal the identity of a source who furnished information to the 
Government under an express or implied promise of confidentiality. 
Material will be screened to permit access to unclassified material and 
to information that will not disclose the identity of a confidential 
source.
    (12) System identifier and name: N05520-1, Personnel Security 
Eligibility Information System.
    (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 
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) 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.
    (E) Portions of this system of records are exempt from the 
following subsections of the Privacy Act: (c)(3), (d), (e)(4)(G) and 
(I), and (f).
    (ii) Authority: 5 U.S.C. 552a(k)(1), (k)(2), (k)(5), and (k)(7).
    (iii) Reasons: Granting individuals access to information collected 
and maintained in this system of records could interfere with orderly 
investigations; result in the disclosure of classified material; 
jeopardize the safety of informants, witnesses, and their families; 
disclose investigative techniques; and result in the invasion of 
privacy of individuals only incidentally related to an investigation. 
Material will be screened to permit access to unclassified information 
that will not disclose the identity of sources who provide the 
information to the Government under an express or implied promise of 
confidentiality.
    (13) System identifier and name: N05520-4, NCIS Investigative Files 
System.
    (i) Exemptions: (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.
    (B) Portions of this system of records are exempt from the 
following subsections of the Privacy Act: (c)(3), (c)(4), (d), (e)(2), 
(e)(3), (e)(4)(G) through (I), (e)(5), (e)(8), (f), and (g).
    (ii) Authority: 5 U.S.C. 552a(j)(2).
    (iii) Reasons: (A) Granting individuals access to information 
collected and maintained by this activity relating to the enforcement 
of criminal laws could interfere with the orderly investigations, with 
the orderly administration of justice, and possibly enable suspects to

[[Page 46578]]

avoid detection or apprehension. Disclosure of this information could 
result in the concealment, destruction, or fabrication of evidence, and 
jeopardize the safety and well-being of informants, witnesses and their 
families, and law enforcement personnel and their families. Disclosure 
of this information could also reveal and render ineffectual 
investigative techniques, sources, and methods used by these components 
and could result in the invasion of the privacy of individuals only 
incidentally related to an investigation. The exemption of the 
individual's right of access to portions of these records, and the 
reasons therefore, necessitate the exemption of this system of records 
from the requirement of the other cited provisions.
    (B) [Reserved]
    (iv) 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) Records maintained in connection with providing protective 
services to the President and other individuals under 18 U.S.C. 3506, 
may be exempt pursuant to 5 U.S.C. 552a(k)(3).
    (C) 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).
    (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) Portions of this system of records are exempt from the 
following subsections of the Privacy Act: (c)(3), (d), (e)(1), 
(e)(4)(G) through (I), and (f).
    (v) Authority: 5 U.S.C. 552a(k)(1), (k)(3), (k)(4), (k)(5) and 
(k)(6).
    (vi) Reasons: (A) The release of disclosure accountings would 
permit the subject of an investigation to obtain valuable information 
concerning the nature of that investigation, and the information 
contained, or the identity of witnesses or informants, would therefore 
present a serious impediment to law enforcement. In addition, 
disclosure of the accounting would amount to notice to the individual 
of the existence of a record.
    (B) Access to the records contained in this system would inform the 
subject of the existence of material compiled for law enforcement 
purposes, the premature release of which could prevent the successful 
completion of investigation, and lead to the improper influencing of 
witnesses, the destruction of records, or the fabrication of testimony. 
Exempt portions of this system also contain information that has been 
properly classified under E.O. 12958, and that is required to be kept 
secret in the interest of national defense or foreign policy.
    (C) Exempt portions of this system also contain information 
considered relevant and necessary to make a determination as to 
qualifications, eligibility, or suitability for Federal civilian 
employment, military service, Federal contracts, or access to 
classified information, and was obtained by providing an express or 
implied assurance to the source that his or her identity would not be 
revealed to the subject of the record.
    (D) The notice of this system of records published in the Federal 
Register sets forth the basic statutory or related authority for 
maintenance of the system.
    (E) The categories of sources of records in this system have been 
published in the Federal Register in broad generic terms. The identity 
of specific sources, however, must be withheld in order to protect the 
confidentiality of the source, of criminal and other law enforcement 
information. This exemption is further necessary to protect the privacy 
and physical safety of witnesses and informants.
    (F) This system of records is exempted from procedures for notice 
to an individual as to the existence of records pertaining to him/her 
dealing with an actual or potential civil or regulatory investigation, 
because such notice to an individual would be detrimental to the 
successful conduct and/or completion of an investigation, pending or 
future. Mere notice of the fact of an investigation could inform the 
subject or others that their activities are under, or may become the 
subject of, an investigation. This could enable the subjects to avoid 
detection, to influence witnesses improperly, to destroy records, or to 
fabricate testimony.
    (G) Exempt portions of this system containing screening board 
reports.
    (H) Screening board reports set forth the results of oral 
examination of applicants for a position as a special agent with the 
Naval Investigation Service Command. Disclosure of these records would 
reveal the areas pursued in the course of the examination and thus 
adversely affect the result of the selection process. Equally 
important, the records contain the candid views of the members 
composing the board. Release of the records could affect the 
willingness of the members to provide candid opinions and thus diminish 
the effectiveness of a program which is essential to maintaining the 
high standards of the Special Agent Corps., i.e., those records 
constituting examination material used solely to determine individual 
qualifications for appointment in the Federal Service.
    (14) System identifier and name: N05520-5, Personnel Security 
Program Management Records System.
    (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 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) Portions of this system of records are exempt from the 
following subsections of 5 U.S.C. 552a: (d)(1-5).
    (ii) Authority: 5 U.S.C. 552a(k)(1) and (k)(5).
    (iii) Reasons: (A) Granting individuals access to information 
collected and maintained in this system of records could result in the 
disclosure of classified material; and jeopardize the safety of 
informants, and their families. Further, the integrity of the system 
must be ensured so that complete and accurate records of all 
adjudications are maintained. Amendment could cause alteration of the 
record of adjudication.
    (B) [Reserved]
    (15) System identifier and name: N05580-1, Security Incident 
System.
    (i) 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.
    (B) Portions of this system of records are exempt from the 
following subsections of the Privacy Act: (c)(3),

[[Page 46579]]

(c)(4), (d), (e)(2), and (e)(4)(G) through (I), (e)(5), (e)(8), (f) and 
(g).
    (ii) Authority: 5 U.S.C. 552a(j)(2).
    (iii) Reasons: (A) Granting individuals access to information 
collected and maintained by this component relating to the enforcement 
of criminal laws could interfere with orderly administration of 
justice, and possibly enable suspects to avoid detection or 
apprehension. Disclosure of this information could result in 
concealment, destruction, or fabrication of evidence, and jeopardize 
the safety and well being of informants, witnesses and their families, 
and of law enforcement personnel and their families. Disclosure of this 
information could also reveal and render ineffectual investigative 
techniques, sources, and methods used by this component, and could 
result in the invasion of privacy of individuals only incidentally 
related to an investigation. The exemption of the individual's right of 
access to his or her records, and the reason therefore, necessitate the 
exemption of this system of records from the requirements of other 
cited provisions.
    (B) [Reserved]
    (16) [Reserved]
    (17) System identifier and name: N05800-1, Legal Office Litigation/
Correspondence Files.
    (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 
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) Portions of this system of records are exempt from the 
following subsections of the Privacy Act: (d), (e)(1), and (f)(2), (3), 
and (4).
    (ii) Authority: 5 U.S.C. 552a(k)(1), (k)(2), (k)(5), (k)(6), and 
(k)(7).
    (iii) Reasons: (A) Subsection (d) because granting individuals 
access to information relating to the preparation and conduct of 
litigation would impair the development and implementation of legal 
strategy. Accordingly, such records are exempt under the attorney-
client privilege. Disclosure might also compromise on-going 
investigations and reveal confidential informants. Additionally, 
granting access to the record subject would seriously impair the Navy's 
ability to negotiate settlements or pursue other civil remedies. 
Amendment is inappropriate because the litigation files contain 
official records including transcripts, court orders, investigatory 
materials, evidentiary materials such as exhibits, decisional 
memorandum and other case-related papers. Administrative due process 
could not be achieved by the ``ex parte'' correction of such materials.
    (B) Subsection (e)(1) because it is not possible in all instances 
to determine relevancy or necessity of specific information in the 
early stages of case development. What appeared relevant and necessary 
when collected, ultimately may be deemed unnecessary upon assessment in 
the context of devising legal strategy. Information collected during 
civil litigation investigations which is not used during subject case 
is often retained to provide leads in other cases or to establish 
patterns of activity.
    (C) Subsections (f)(2), (3), and (4) because this record system is 
exempt from the individual access provisions of subsection (d).
    (18) System identifier and name: N01000-5, Naval Clemency and 
Parole Board Files.
    (i) 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.
    (B) Portions of this system of records are exempt from the 
following subsections of the Privacy Act: (c)(4), (d), (e)(4)(G), and 
(f).
    (ii) Authority: 5 U.S.C. 552a(j)(2).
    (iii) Reasons: (A) Granting individuals access to records 
maintained by this Board could interfere with internal processes by 
which Board personnel are able to formulate decisions and policies with 
regard to clemency and parole in cases involving naval prisoners and 
other persons under the jurisdiction of the Board. Material will be 
screened to permit access to all material except such records or 
documents as reflecting items of opinion, conclusion, or recommendation 
expressed by individual board members or by the board as a whole.
    (B) The exemption of the individual's right to access to portions 
of these records, and the reasons therefore, necessitate the partial 
exemption of this system of records from the requirements of the other 
cited provisions.
    (19) System identifier and name: N01752-1, Family Advocacy Program 
System.
    (i) 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) 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) Portions of this system of records are exempt from the 
following subsections of the Privacy Act: (c)(3) and (d).
    (ii) Authority: 5 U.S.C. 552a(k)(2) and (k)(5).
    (iii) Reasons: (A) Exemption is needed in order to encourage 
persons having knowledge of abusive or neglectful acts toward children 
to report such information, and to protect such sources from 
embarrassment or recriminations, as well as to protect their right to 
privacy. It is essential that the identities of all individuals who 
furnish information under an express promise of confidentiality be 
protected. Additionally, granting individuals

[[Page 46580]]

access to information relating to criminal and civil law enforcement, 
as well as the release of certain disclosure accounting, could 
interfere with ongoing investigations and the orderly administration of 
justice, in that it could result in the concealment, alteration, 
destruction, or fabrication of information; could hamper the 
identification of offenders or alleged offenders and the disposition of 
charges; and could jeopardize the safety and well-being of parents and 
their children.
    (B) Exempted portions of this system also contain information 
considered relevant and necessary to make a determination as to 
qualifications, eligibility, or suitability for Federal employment and 
Federal contracts, and that was obtained by providing an express or 
implied promise to the source that his or her identity would not be 
revealed to the subject of the record.
    (20) System identifier and name: N12930-1, Human Resources Group 
Personnel Records.
    (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) Portions of this system of records are exempt from the 
following subsections of the Privacy Act: (d), (e)(4)(G) and (H), and 
(f).
    (ii) Authority: 5 U.S.C. 552a(k)(5) and (k)(6).
    (iii) Reasons: (A) Exempted portions of this system contain 
information considered relevant and necessary to make a determination 
as to qualifications, eligibility, or suitability for Federal 
employment, and was obtained by providing express or implied promise to 
the source that his or her identity would not be revealed to the 
subject of the record.
    (B) Exempted portions of this system also contain test or 
examination material used solely to determine individual qualifications 
for appointment or promotion in the Federal Service, the disclosure of 
which would comprise the objectivity or fairness of the testing or 
examination process.
    (21) System identifier and name: N05813-4, Trial/Government Counsel 
Files.
    (i) 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 principle function any 
activity pertaining to the enforcement of criminal laws. Portions of 
this system of records that may be exempt pursuant to subsection 5 
U.S.C. 552a(j)(2) are (c)(3), (c)(4), (d), (e)(1), (e)(2), (e)(3), 
(e)(5), (e)(4)(G), (H), and (I), (e)(8), (f), and (g).
    (ii) Exemption. 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).
    (iii) Exemption. 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. Portions of this system of records that may be 
exempt pursuant to subsections 5 U.S.C. 552a(k)(1) and (k)(2) are 
(c)(3), (d), (e)(1), (e)(4)(G), (H), and (I), and (f).
    (iv) Authority: 5 U.S.C. 552a(j)(2), (k)(1), and (k)(2).
    (v) Reasons: (A) From subsection (c)(3) because release of 
accounting of disclosure could place the subject of an investigation on 
notice that he/she is under investigation and provide him/her with 
significant information concerning the nature of the investigation, 
resulting in a serious impediment to law enforcement investigations.
    (B) From subsections (c)(4), (d), (e)(4)(G), and (e)(4)(H) because 
granting individuals access to information collected and maintained for 
purposes relating to the enforcement of laws could interfere with 
proper investigations and orderly administration of justice. Granting 
individuals access to information relating to the preparation and 
conduct of criminal prosecution would impair the development and 
implementation of legal strategy. Amendment is inappropriate because 
the trial/Government counsel files contain official records including 
transcripts, court orders, and investigatory materials such as 
exhibits, decisional memorandum and other case-related papers. 
Disclosure of this information could result in the concealment, 
alteration or destruction of evidence, the identification of offenders 
or alleged offenders, nature and disposition of charges; and jeopardize 
the safety and well-being of informants, witnesses and their families, 
and law enforcement personnel and their families. Disclosure of this 
information could also reveal and render in effective investigation 
techniques, sources, and methods used by law enforcement personnel, and 
could result in the invasion of privacy of individuals only 
incidentally related to an investigation.
    (C) From subsection (e)(1) because it is not always possible in all 
instances to determine relevancy or necessity of specific information 
in the early stages of case development. Information collected during 
criminal investigations and prosecutions and not used during the 
subject case is often retained to provide leads in other cases.
    (D) From subsection (e)(2) because in criminal or other law 
enforcement investigations, the requirement that information be 
collected to the greatest extent practicable from the subject 
individual would alert the subject as to the nature or existence of an 
investigation, presenting a serious impediment to law enforcement 
investigations.
    (E) From subsection (e)(3) because compliance would constitute a 
serious impediment to law enforcement in that it could compromise the 
existence of a confidential investigation or reveal the identity of 
witnesses or confidential informants.
    (F) 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.
    (G) 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.

[[Page 46581]]

    (H) From subsection (e)(8) because compliance would provide an 
impediment to law enforcement by interfering with the ability to issue 
warrants or subpoenas and by revealing investigative techniques, 
procedures, or evidence.
    (I) From subsection (f) and (g) because this record system is 
exempt from the individual access provisions of subsection (d).
    (J) Consistent with the legislative purpose of the Privacy Act of 
1974, the DON will grant access to nonexempt material in the records 
being maintained. Disclosure will be governed by the DON's Privacy 
Regulation, but will be limited to the extent that the identity of 
confidential sources will not be compromised; subjects of an 
investigation of an actual or potential criminal violation will not be 
alerted to the investigation; the physical safety of witnesses, 
informants and law enforcement personnel will not be endangered, the 
privacy of third parties will not be violated; and that the disclosure 
would not otherwise impede effective law enforcement. Whenever 
possible, information of the above nature will be deleted from the 
requested documents and the balance made available. The controlling 
principle behind this limited access is to allow disclosures except 
those indicated above. The decisions to release information from these 
systems will be made on a case-by-case basis.
    (22) System identifier and name: NM05211-1, Privacy Act Request 
Files and Tracking System.
    (i) 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 DON 
hereby claims the same exemptions for the records from those ``other'' 
systems that are entered into this system, as claimed for the original 
primary system of which they are a part.
    (ii) Authority: 5 U.S.C. 552a(j)(2), (k)(1), (k)(2), (k)(3), 
(k)(4), (k)(5), (k)(6), and (k)(7).
    (iii) Reason: 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 the President 
and others are not compromised, 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 
are exempt from specific provisions of 5 U.S.C. 552a.
    (23) System identifier and name: NM05720-1, FOIA Request/Appeal 
Files and Tracking System.
    (i) Exemption: During the processing of a Freedom of Information 
Act request, 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 DON hereby claims the same exemptions for 
the records from those `other' systems that are entered into this 
system, as claimed for the original primary system of which they are a 
part.
    (ii) Authority: 5 U.S.C. 552a(j)(2), (k)(1), (k)(2), (k)(3), 
(k)(4), (k)(5), (k)(6), and (k)(7).
    (iii) Reason: 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 the President 
and others are not compromised, 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 
are exempt from specific provisions of 5 U.S.C. 552a.


Sec.  310.17  Exemptions for specific Marine Corps record systems.

    (a) [Reserved]
    (1) System identifier and name: MIN00001, Personnel and Security 
Eligibility and Access Information System.
    (i) Exemption: (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) Records maintained in connection with providing protective 
services to the President and other individuals under 18 U.S.C. 3506, 
may be exempt pursuant to 5 U.S.C. 552a(k)(3).
    (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) Portions of this system of records are exempt for the following 
subsections of the Privacy Act: (c)(3), (d), (e)(1), (e)(4)(G) through 
(I), and (f).
    (ii) Authority: 5 U.S.C. 552a(k)(2), (k)(3), and (k)(5), as 
applicable.
    (iii) Reasons: (A) Exempt portions of this system contain 
information that has been properly classified under E.O. 12958, and 
that is required to be kept secret in the interest of national defense 
or foreign policy.
    (B) Exempt portions of this system also contain information 
considered relevant and necessary to make a determination as to 
qualifications, eligibility, or suitability for Federal civilian 
employment, military service, Federal contracts, or access to 
classified, compartmented, or otherwise sensitive information, and was 
obtained by providing an expressed or implied assurance to the source 
that his or her identity would not be revealed to the subject of the 
record.
    (C) Exempt portions of this system further contain information that 
identifies sources whose confidentiality must be protected to ensure 
that the privacy and physical safety of these witnesses and informants 
are protected.
    (2) [Reserved]
    (b) [Reserved]

[[Page 46582]]

Sec.  310.18  Defense Contract Audit Agency (DCAA) exemptions.

    (a) General information. There are two types of exemptions, general 
and specific. The general exemption authorizes the exemption of a 
system of records from all but a few requirements of the Privacy Act. 
The specific exemption authorizes exemption of a system of records or 
portion thereof, from only a few specific requirements. If a new system 
of records originates for which an exemption is proposed, or an 
additional or new exemption for an existing system of records is 
proposed, the exemption shall be submitted with the system of records 
notice. No exemption of a system of records shall be considered 
automatic for all records in the system. The systems manager shall 
review each requested record and apply the exemptions only when this 
will serve significant and legitimate Government purposes.
    (b) Specific exemptions.
    (1) System identifier and name: RDCAA 900.1, DCAA Internal Review 
Case Files.
    (i) Exemption: Any portions of this system of records which fall 
under the provisions of 5 U.S.C. 552a(k)(2) and (k)(5) may be exempt 
from the following subsections of 5 U.S.C. 552a: (c)(3), (d), (e)(1), 
(e)(4)(G), (H), and (f).
    (ii) Authority: 5 U.S.C. 552a(k)(2) and (k)(5)
    (iii) Reasons: (A) From subsection (c)(3) because disclosures from 
this system could interfere with the just, thorough and timely 
resolution of the complaint or inquiry, and possibly enable individuals 
to conceal their wrongdoing or mislead the course of the investigation 
by concealing, destroying or fabricating evidence or documents.
    (B) From subsection (d) because disclosures from this system could 
interfere with the just, thorough and timely resolution of the 
complaint or inquiry, and possibly enable individuals to conceal their 
wrongdoing or mislead the course of the investigation by concealing, 
destroying or fabricating evidence or documents. Disclosures could also 
subject sources and witnesses to harassment or intimidation which 
jeopardize the safety and well-being of themselves and their families.
    (C) From subsection (e)(1) because the nature of the investigation 
functions creates unique problems in prescribing specific parameters in 
a particular case as to what information is relevant or necessary. Due 
to close liaison and working relationships with other Federal, state, 
local, foreign country law enforcement agencies, and other governmental 
agencies, information may be received which may relate to a case under 
the investigative jurisdiction of another government agency. It is 
necessary to maintain this information in order to provide leads for 
appropriate law enforcement purposes and to establish patterns of 
activity which may relate to the jurisdiction of other cooperating 
agencies.
    (D) From subsection (e)(4)(G) through (H) because this system of 
records is exempt from the access provisions of subsection (d).
    (E) From subsection (f) because the agency's rules are inapplicable 
to those portions of the system that are exempt and would place the 
burden on the agency of either confirming or denying the existence of a 
record pertaining to a requesting individual might in itself provide an 
answer to that individual relating to an on-going investigation. The 
conduct of a successful investigation leading to the indictment of a 
criminal offender precludes the applicability of established agency 
rules relating to verification of record, disclosure of the record to 
that individual, and record amendment procedures for this record 
system.
    (2) [Reserved]


Sec.  310.19  Defense Information Systems Agency (DISA) exemptions.

    (a) Section 5 U.S.C. 552a (j) and (k) authorize an agency head to 
exempt certain systems of records or parts of certain systems of 
records from some of the requirements of the act. This part reserves to 
the Director, DISA, as head of an agency, the right to create 
exemptions pursuant to the exemption provisions of the act. All systems 
of records maintained by DISA shall be exempt from the requirements of 
5 U.S.C. 552a(d) pursuant to 5 U.S.C. 552a(k)(1) to the extent that the 
system contains any information properly classified under Executive 
Order 11652, ``Classification and Declassification of National Security 
Information and Material,'' dated March 8, 1972 (37 FR 10053, May 19, 
1972) and which is required by the executive order to be kept secret in 
the interest of national defense or foreign policy. This exemption, 
which may be applicable to parts of all systems of records, is 
necessary because certain record systems not otherwise specifically 
designated for exemptions may contain isolated information which has 
been properly classified.
    (1) System identifier and name: K890.23, DISA Inspector General 
Investigative Tracker (DIGit).
    (i) Exemption: Any portion of this record system which falls within 
the provisions of 5 U.S.C. 552a(j)(2), (k)(2)and (k)(5) may be exempt 
from the following subsections of 5 U.S.C. 552a: (c)(3), (d), (e)(1), 
(e)(4)(G), (e)(4)(H), (e)(4)(I).
    (ii) Authority: 5 U.S.C. 552a(j)(2), (k)(2), and (k)(5).
    (iii) Reasons: To ensure the integrity of the privacy and civil 
liberties process. The execution requires that information be provided 
in a free and open manner without fear of retribution or harassment in 
order to facilitate a just, thorough, and timely resolution of the 
complaint or inquiry. Disclosures from this system can enable 
individuals to conceal their wrongdoing or mislead the course of the 
investigation by concealing, destroying, or fabricating evidence or 
documents. In addition, disclosures can subject sources and witnesses 
to harassment or intimidation which may cause individuals not to seek 
redress for wrongs through privacy and civil liberties channels for 
fear of retribution or harassment.
    (2) [Reserved]


Sec.  310.20  Defense Intelligence Agency (DIA) exemptions.

    (a) All systems of records maintained by the Director Intelligence 
Agency shall be exempt from the requirements of 5 U.S.C. 552a(d) 
pursuant to 5 U.S.C. 552a(k)(1) to the extent that the system contains 
any information properly classified under Executive order to be kept 
secret in the interest of national defense or foreign policy. This 
exemption, which may be applicable to parts of all systems of records, 
is necessary because certain record systems not specifically designated 
for exemption may contain isolated information which has been properly 
classified.
    (b) The Director, Defense Intelligence Agency, designated the 
systems of records listed below for exemptions under the specified 
provisions of the Privacy Act of 1974, as amended (Pub. L. 93-579).
    (1) System identification and name: LDIA 0271, Investigations and 
Complaints.
    (i) Exemption: Any portion of this record system which falls within 
the provisions of 5 U.S.C. 552a(k) (2) and (5) may be exempt from the 
following subsections of 5 U.S.C. 552a: (c)(3), (d), (e)(1), (e)(4)(G), 
(e)(4)(H), and (e)(4)(I).
    (ii) Authority: 5 U.S.C. 552a(k) (2) and (5).
    (iii) Reasons: The reasons for asserting these exemptions are to 
ensure the integrity of the Inspector General process within the 
Agency. The execution requires that information be provided in a free 
and open manner without fear of retribution or harassment in order to 
facilitate a just,

[[Page 46583]]

thorough and timely resolution of the complaint or inquiry. Disclosures 
from this system can enable individuals to conceal their wrongdoing or 
mislead the course of the investigation by concealing, destroying or 
fabricating evidence or documents. Also, disclosures can subject 
sources and witnesses to harassment or intimidation which may cause 
individuals not to seek redress for wrongs through Inspector General 
channels for fear of retribution or harassment.
    (2) System identifier and name: LDIA 13-0001, Conflict Management 
Programs.
    (i) Exemption: Any portion of this record system which falls within 
the provisions of 5 U.S.C. 552a(k)(2) and (k)(5) may be exempt from the 
following subsections of 5 U.S.C. 552a: (c)(3), (d), (e)(1), (e)(4)(G), 
(e)(4)(H), (e)(4)(I)
    (ii) Authority: 5 U.S.C. 552a (k)(2) and (k)(5)
    (iii) Reasons: Claiming these exemptions ensures the integrity of 
the conflict management process. The execution requires that 
information be provided in a free and open manner without fear of 
retribution or harassment in order to facilitate a just, thorough, and 
timely resolution of the complaint or inquiry. Disclosures from this 
system can enable individuals to conceal their wrongdoing or mislead 
the course of the investigation by concealing, destroying, or 
fabricating evidence or documents. In addition, disclosures can subject 
sources and witnesses to harassment or intimidation which may cause 
individuals to not seek redress for wrongs through available channels 
for fear of retribution or harassment.
    (3) System identifier and name: LDIA 0660, Security and 
Counterintelligence Files.
    (i) Exemption: Any portion of this record system which falls within 
the provisions of 5 U.S.C. 552a(k)(2), (k)(5) and (k)(6) may be exempt 
from the following subsections of 5 U.S.C. 552a: (c)(3), (d), (e)(1), 
(e)(4)(G), (e)(4)(H), and (e)(4)(I).
    (ii) Authority: 5 U.S.C. 552a(k)(2), (k)(5) and (k)(6).
    (iii) Reasons: The reasons for asserting these exemptions are to 
ensure the integrity of the adjudication process used by the Agency to 
determine the suitability, eligibility or qualification for Federal 
service with the Agency and to make determinations concerning the 
questions of access to classified materials and activities. The proper 
execution of this function requires that the Agency have the ability to 
obtain candid and necessary information in order to fully develop or 
resolve pertinent information developed in the process. Potential 
sources, out of fear or retaliation, exposure or other action, may be 
unwilling to provide needed information or may not be sufficiently 
frank to be a value in personnel screening, thereby seriously 
interfering with the proper conduct and adjudication of such matters; 
and protects information used for medical, psychological evaluations, 
security questionnaires and polygraph testing.
    (4) [Reserved]
    (5) System identifier and name: LDIA 10-0001, Equal Opportunity, 
Diversity and Alternate Dispute Resolution Records.
    (i) Exemption: 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 the 
information, the individual will be provided access to the information 
exempt to the extent that disclosure would reveal the identity of a 
confidential source.

    Note to paragraph (5)(i): When claimed, this exemption allows 
limited protection of investigative reports maintained in a system 
of records used in personnel or administrative actions. The specific 
sections of 5 U.S.C. 552a from which the system is to be exempted 
are 5 U.S.C. 552a(c)(3) and (c)(4), (d), (e)(1), (e)(2), (e)(3), 
(e)(4)(G), (H), and (I), (e)(5), (f), and (g).

    (ii) Authority: 5 U.S.C. 552a(k)(2).
    (iii) Reasons: (A) From subsection (c)(3) because to grant access 
to an accounting of disclosures as required by the Privacy Act, 
including the date, nature, and purpose of each disclosure and the 
identity of the recipient, could alert the subject to the existence of 
the investigation or prospective interest by DIA or other agencies. 
This could seriously compromise case preparation by prematurely 
revealing its existence and nature; compromise or interfere with 
witnesses or make witnesses reluctant to cooperate; and lead to 
suppression, alteration, or destruction of evidence.
    (B) From subsections (c)(4), (d), and (f) because providing access 
to this information could result in the concealment, destruction or 
fabrication of evidence and jeopardize the safety and well being of 
informants, witnesses and their families, and law enforcement personnel 
and their families. Disclosure of this information could also reveal 
and render ineffectual investigative techniques, sources, and methods 
used by this component and could result in the invasion of privacy of 
individuals only incidentally related to an investigation. 
Investigatory material is exempt to the extent that the disclosure of 
such material would reveal the identity of a source who furnished the 
information to the Government under an express promise that the 
identity of the source would be held in confidence, or prior to 
September 27, 1975 under an implied promise that the identity of the 
source would be held in confidence. This exemption will protect the 
identities of certain sources that would be otherwise unwilling to 
provide information to the Government. The exemption of the 
individual's right of access to his/her records and the reasons 
therefore necessitate the exemptions of this system of records from the 
requirements of the other cited provisions.
    (C) From subsection (e)(1) because it is not always possible to 
detect the relevance or necessity of each piece of information in the 
early stages of an investigation. In some cases, it is only after the 
information is evaluated in light of other evidence that its relevance 
and necessity will be clear.
    (D) From subsection (e)(2) because collecting information to the 
fullest extent possible directly from the subject individual may or may 
not be practical in a criminal investigation.
    (E) From subsection (e)(3) because supplying an individual with a 
form containing a Privacy Act Statement would tend to inhibit 
cooperation by many individuals involved in a criminal investigation. 
The effect would be somewhat adverse to established investigative 
methods and techniques.
    (F) From subsections (e)(4)(G), (H), and (I) because it will 
provide protection against notification of investigatory material which 
might alert a subject to the fact that an investigation of that 
individual is taking place, and the disclosure of which would weaken 
the on-going investigation, reveal investigatory techniques, and place 
confidential informants in jeopardy who furnished information under an 
express promise that the sources' identity would be held in confidence 
(or prior to the effective date of the Act, under an implied promise). 
In addition, this system of records is exempt from the access 
provisions of subsection (d).
    (G) 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

[[Page 46584]]

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.
    (H) From subsection (f) because the agency's rules are inapplicable 
to those portions of the system that are exempt and would place the 
burden on the agency of either confirming or denying the existence of a 
record pertaining to a requesting individual might in itself provide an 
answer to that individual relating to an on-going investigation. The 
conduct of a successful investigation leading to the indictment of a 
criminal offender precludes the applicability of established agency 
rules relating to verification of record, disclosure of the record to 
the individual and record amendment procedures for this record system.
    (I) From subsection (g) because this system of records should be 
exempt to the extent that the civil remedies relate to provisions of 5 
U.S.C. 552a from which this rule exempts the system.
    (6) System identifier and name: LDIA 10-0002, Foreign Intelligence 
and Counterintelligence Operation Records.
    (i) 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 the information, the individual will be provided access 
to the information exempt to the extent that disclosure would reveal 
the identity of a confidential source.

    Note to paragraph (6)(i)(A): When claimed, this exemption allows 
limited protection of investigative reports maintained in a system 
of records used in personnel or administrative actions.

    (B) The specific sections of 5 U.S.C. 552a from which the system is 
to be exempted are 5 U.S.C. 552a(c)(3) and (c)(4), (d), (e)(1), (e)(2), 
(e)(3), (e)(4)(G), (H), and (I), (e)(5), (f), and (g).
    (ii) Authority: 5 U.S.C. 552a(k)(2).
    (iii) Reasons: (A) From subsection (c)(3) because to grant access 
to an accounting of disclosures as required by the Privacy Act, 
including the date, nature, and purpose of each disclosure and the 
identity of the recipient, could alert the subject to the existence of 
the investigation or prospective interest by DIA or other agencies. 
This could seriously compromise case preparation by prematurely 
revealing its existence and nature; compromise or interfere with 
witnesses or make witnesses reluctant to cooperate; and lead to 
suppression, alteration, or destruction of evidence.
    (B) From subsections (c)(4), (d), and (f) because providing access 
to this information could result in the concealment, destruction or 
fabrication of evidence and jeopardize the safety and well being of 
informants, witnesses and their families, and law enforcement personnel 
and their families. Disclosure of this information could also reveal 
and render ineffectual investigative techniques, sources, and methods 
used by this component and could result in the invasion of privacy of 
individuals only incidentally related to an investigation. 
Investigatory material is exempt to the extent that the disclosure of 
such material would reveal the identity of a source who furnished the 
information to the Government under an express promise that the 
identity of the source would be held in confidence, or prior to 
September 27, 1975 under an implied promise that the identity of the 
source would be held in confidence. This exemption will protect the 
identities of certain sources that would be otherwise unwilling to 
provide information to the Government. The exemption of the 
individual's right of access to his/her records and the reasons 
therefore necessitate the exemptions of this system of records from the 
requirements of the other cited provisions.
    (C) From subsection (e)(1) because it is not always possible to 
detect the relevance or necessity of each piece of information in the 
early stages of an investigation. In some cases, it is only after the 
information is evaluated in light of other evidence that its relevance 
and necessity will be clear.
    (D) From subsection (e)(2) because collecting information to the 
fullest extent possible directly from the subject individual may or may 
not be practical in a criminal investigation.
    (E) From subsection (e)(3) because supplying an individual with a 
form containing a Privacy Act Statement would tend to inhibit 
cooperation by many individuals involved in a criminal investigation. 
The effect would be somewhat adverse to established investigative 
methods and techniques.
    (F) From subsections (e)(4)(G), (H), and (I) because it will 
provide protection against notification of investigatory material which 
might alert a subject to the fact that an investigation of that 
individual is taking place, and the disclosure of which would weaken 
the on-going investigation, reveal investigatory techniques, and place 
confidential informants in jeopardy who furnished information under an 
express promise that the sources' identity would be held in confidence 
(or prior to the effective date of the Act, under an implied promise). 
In addition, this system of records is exempt from the access 
provisions of subsection (d).
    (G) 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.
    (H) From subsection (f) because the agency's rules are inapplicable 
to those portions of the system that are exempt and would place the 
burden on the agency of either confirming or denying the existence of a 
record pertaining to a requesting individual might in itself provide an 
answer to that individual relating to an on-going investigation. The 
conduct of a successful investigation leading to the indictment of a 
criminal offender precludes the applicability of established agency 
rules relating to verification of record, disclosure of the record to 
the individual and record amendment procedures for this record system.
    (I) From subsection (g) because this system of records should be 
exempt to the extent that the civil remedies relate to provisions of 5 
U.S.C. 552a from which this rule exempts the system.
    (7) System identifier and name: LDIA 0900, Accounts Receivable, 
Indebtedness and Claims.
    (i) Exemption: During the course of accounts receivable, 
indebtedness or claims actions, 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 DIA hereby claims the same 
exemptions for the records from those ``other'' systems that are 
entered into this system, as claimed for the original primary system of 
which they are a part.
    (ii) Authority: 5 U.S.C. 552a(k)(2) through (k)(7).
    (iii) Reasons: Records are only exempt from pertinent provisions of 
5 U.S.C. 552a to the extent such provisions have

[[Page 46585]]

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 the President and others are not compromised, 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.
    (8) System identifier and name: LDIA 0010, Information Requests-
Freedom of Information Act (FOIA) and Privacy Act.
    (i) Exemption: During the course of information requests-FOIA and 
Privacy Act actions, exempt records/material from other systems of 
records may become part of this system of records. For such records/
material, DIA hereby claims the same exemptions as is claimed for the 
systems from which such records/material are derived.
    (ii) Authority: 5 U.S.C. 552a(k)(2) through (k)(7).
    (iii) Reasons: Records in a system of records are only exempted 
from pertinent provisions of 5 U.S.C. 552a to the extent such 
provisions are identified and an exemption claimed. In general, 
exemptions claimed protect properly classified information relating to 
national defense and foreign policy; avoid interference during the 
conduct of criminal, civil, or administrative actions or 
investigations; ensure protective services provided the President and 
others are not compromised; protect the identity of confidential 
sources incident to Federal employment, military service, contract, and 
security clearance determinations; preserve the confidentiality and 
integrity of Federal testing materials; and safeguard evaluation 
materials used for military promotions when furnished by a confidential 
source. The exemption rule(s) for the systems of records from which the 
records/materials was derived will identify the specific reasons why 
the records/materials are exempt from provisions of 5 U.S.C. 552a.
    (9) System identifier and name: LDIA 12-0002, Privacy and Civil 
Liberties Case Management System.
    (i) Exemption: Any portion of this record system which falls within 
the provisions of 5 U.S.C. 552a(k)(2) and (k)(5) may be exempt from the 
following subsections of 5 U.S.C. 552a: (c)(3), (d), (e)(1), (e)(4)(G), 
(e)(4)(H), (e)(4)(I).
    (ii) Authority: 5 U.S.C. 552a(k)(2) and (k)(5).
    (iii) Reasons: The reasons for asserting these exemptions is to 
ensure the integrity of the privacy and civil liberties process. The 
execution requires that information be provided in a free and open 
manner without fear of retribution or harassment in order to facilitate 
a just, thorough, and timely resolution of the complaint or inquiry. 
Disclosures from this system can enable individuals to conceal their 
wrongdoing or mislead the course of the investigation by concealing, 
destroying, or fabricating evidence or documents. In addition, 
disclosures can subject sources and witnesses to harassment or 
intimidation which may cause individuals not to seek redress for wrongs 
through privacy and civil liberties channels for fear of retribution or 
harassment.
    (10) System identifier and name: LDIA 0209, Litigation Case Files.
    (i) Exemption: 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. 552(k)(2). However, if 
an individual is denied any right, privilege, or benefit for which he 
would otherwise be entitled by Federal law or which he would otherwise 
be eligible, as a result of maintenance of the information, the 
individual will be provided access to the information except to the 
extent that disclosure would reveal the identity of a confidential 
source. This exemption provides limited protection of investigative 
reports maintained in a system of records used in personnel or 
administrative actions. 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. Any portion of this record system 
which falls within the provisions of 5 U.S.C. 552a(k)(2) and (k)(5) may 
be exempt from the following subsections of 5 U.S.C. 552a: (c)(3), 
(d)(1)(2)(3)(4)(5), (e)(1), (e)(4)(G), (e)(4)(H), (e)(4)(I). Exempt 
materials from other systems of records may in turn become part of the 
case records in this system. To the extent that copies of exempt 
records from those `other' systems of records are entered into this 
case record, the Defense Intelligence Agency hereby claims the same 
exemptions for the records from those `other' systems that are entered 
into this system, as claimed for the original primary systems of 
records, which they are a part.
    (ii) Authority: 5 U.S.C. 552a(j)(2), (k)(2), (k)(3), (k)(4), 
(k)(5), (k)(6), and (k)(7).
    (iii) Reasons: The reason for asserting these exemptions (k)(2) and 
(k)(5) is to ensure the integrity of the litigation process.
    (11) System identifier and name: LDIA 10-0004 Occupational, Safety, 
Health, and Environmental Management Records.
    (i) Exemption: Any portion of this record system which falls within 
the provisions of 5 U.S.C. 552a(k)(2)(k)(4) and (k)(5) may be exempt 
from the following subsections of 5 U.S.C. 552a: (c)(3); (d)(1), 
(d)(2), (d)(3), (d)(4), (d)(5); (e)(1), (e)(4)(G), (e)(4)(H), 
(e)(4)(I); (f)(1), (f)(2), (f)(2), (f)(3), (f)(4), (f)(5).
    (ii) Authority: 5 U.S.C. 552a(k)(2) and (k)(5).
    (iii) Reasons: The reasons for asserting these exemptions are to 
ensure the integrity of an investigative or administrative process and 
to protect statistical records. The execution requires that information 
be provided in a free and open manner without fear of retribution or 
harassment in order to facilitate a just, thorough, and timely 
resolution during an investigation or administrative action. 
Disclosures from this system can enable individuals to conceal their 
wrongdoing or mislead the course of the investigation by concealing, 
destroying, or fabricating evidence or documents. In addition, 
disclosures can subject sources and witnesses to harassment or 
intimidation which may cause individuals to not to seek redress for 
concerns about occupational safety, health, environmental issues and 
accident reporting. Information is used to comply regulatory reporting 
requirements.


Sec.  310.21  Defense Logistics Agency (DLA) exemptions.

    (a) The Director, DLA or designee may claim an exemption from any 
provision of the Privacy Act from which an exemption is allowed.
    (b) An individual is not entitled to access information that is 
compiled in reasonable anticipation of a civil action or proceeding. 
The term ``civil action or proceeding'' is intended to include court 
proceedings, preliminary judicial

[[Page 46586]]

steps, and quasi-judicial administrative hearings or proceedings (i.e., 
adversarial proceedings that are subject to rules of evidence). Any 
information prepared in anticipation of such actions or proceedings, to 
include information prepared to advise DLA officials of the possible 
legal or other consequences of a given course of action, is protected. 
The exemption is similar to the attorney work-product privilege except 
that it applies even when the information is prepared by non-attorneys. 
The exemption does not apply to information compiled in anticipation of 
criminal actions or proceedings.
    (c) Exempt Records Systems. All systems of records maintained by 
the Defense Logistics Agency will be exempt from the access provisions 
of 5 U.S.C. 552a(d) and the notification of access procedures of 5 
U.S.C. 522a(e)(4)(H) pursuant to 5 U.S.C. 552a(k)(1) to the extent that 
the system contains any information properly classified under Executive 
Order 13526 and which is required by the Executive Order to be kept 
secret in the interest of national defense or foreign policy. This 
exemption, which may be applicable to parts of all DLA systems of 
records, is necessary because certain record systems not otherwise 
specifically designated for exemptions herein may contain isolated 
items of information which have been properly classified.
    (1) System identifier and name: S170.04 (Specific exemption), 
Debarment and Suspension Files.
    (i) 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). If an individual, however, 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 the information, the individual will be provided access to the 
information except to the extent that disclosure would reveal the 
identity of a confidential source.

    Note to paragraph (c)(1)(i)(A): When claimed, this exemption 
allows limited protection of investigative reports maintained in a 
system of records used in personnel or administrative actions.

    (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) The specific sections of 5 U.S.C. 552a from which the system is 
exempt are 5 U.S.C. 552a(c)(3), (d)(1) through (d)(4), (e)(1), 
(e)(4)(G), (H), and (I), and (f).
    (ii) Authority: 5 U.S.C. 552a(k)(2) and (k)(5).
    (iii) Reasons: (A) From 5 U.S.C. 552a(c)(3), as granting access to 
the accounting for each disclosure, as required by the Privacy Act, 
including the date, nature, and purpose of each disclosure and the 
identity of the recipient, could alert the subject to the existence of 
an investigation or prosecutive interest by DLA or other agencies. This 
seriously could compromise case preparation by prematurely revealing 
its existence and nature; compromise or interfere with witnesses or 
making witnesses reluctant to cooperate; and lead to suppression, 
alteration, or destruction of evidence.
    (B) From 5 U.S.C. 552a(d)(1) through (4) and (f), as providing 
access to records of a civil investigation, and the right to contest 
the contents of those records and force changes to be made to the 
information contained therein, would seriously interfere with and 
thwart the orderly and unbiased conduct of an investigation and impede 
case preparation. Providing access rights normally afforded under the 
Privacy Act would provide the subject with valuable information that 
would: Allow interference with or compromise of witnesses or render 
witnesses reluctant to cooperate; lead to suppression, alteration, or 
destruction of evidence; and result in the secreting of or other 
disposition of assets that would make them difficult or impossible to 
reach to satisfy any Government claim arising from the investigation or 
proceeding.
    (C) From 5 U.S.C. 552a(e)(1), as it is not always possible to 
detect the relevance or necessity of each piece of information in the 
early stages of an investigation. In some cases, it is only after the 
information is evaluated in light of other evidence that its relevance 
and necessity will be clear.
    (D) From 5 U.S.C. 552a(e)(4)(G) and (H), as there is no necessity 
for such publication since the system of records would be exempt from 
the underlying duties to provide notification about and access to 
information in the system and to make amendments and corrections to the 
information in the system.
    (E) From 5 U.S.C. 552a(e)(4)(I), as to the extent that this 
provision is construed to require more detailed disclosure than the 
broad, generic information currently published in the system notice, an 
exemption from this provision is necessary to protect the 
confidentiality of sources of information and to protect privacy and 
physical safety of witnesses and informants. DLA, nevertheless, will 
continue to publish such a notice in broad generic terms as is its 
current practice.
    (2) System identifier and name: S500.10 (Specific exemption), 
Personnel Security Files.
    (i) Exemption: (A) Investigatory material compiled solely for the 
purpose of determining suitability, eligibility, or qualifications for 
federal civilian employment, 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) Therefore, portions of this system may be exempt pursuant to 5 
U.S.C. 552a(k)(5) from the following subsections of 5 U.S.C. 
552a(c)(3), (d), and (e)(1).
    (ii) Authority: 5 U.S.C. 552a(k)(5).
    (iii) Reasons: (A) From 5 U.S.C. 552a(c)(3) and (d), when access to 
accounting disclosures and access to or amendment of records would 
cause the identity of a confidential source to be revealed. Disclosure 
of the source's identity not only will result in the Department 
breaching the promise of confidentiality made to the source but it 
would impair the Department's future ability to compile investigatory 
material for the purpose of determining suitability, eligibility, or 
qualifications for Federal civilian employment, Federal contracts, or 
access to classified information. Unless sources may be assured that a 
promise of confidentiality will be honored, they will be less likely to 
provide information considered essential to the Department in making 
the required determinations.
    (B) From 5 U.S.C. 552a(e)(1), as in the collection of information 
for investigatory purposes, it is not always possible to determine the 
relevance and necessity of particular information in the early stages 
of the investigation. In some cases, it is only after the information 
is evaluated in light of other information that its relevance and 
necessity becomes clear. Such information permits more informed 
decision making by the Department when making required suitability, 
eligibility, and qualification determinations.
    (3) System identifier and name: S500.20 (Specific exemption), 
Defense Logistics Agency (DLA) Criminal Incident Reporting System 
(DCIRS).
    (i) Exemption: (A) Investigatory material compiled for law 
enforcement purposes, other than material within the

[[Page 46587]]

scope of subsection 5 U.S.C. 552a(j)(2), may be exempt pursuant to 5 
U.S.C. 552a(k)(2). If an individual, however, 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 the information, the individual will be provided 
access to the information except to the extent that disclosure would 
reveal the identity of a confidential source.

    Note to paragraph (3)(i)(A): When claimed, this exemption allows 
limited protection of investigative reports maintained in a system 
of records used in personnel or administrative actions.

    (B) The specific sections of 5 U.S.C. 552a from which the system is 
to be exempted are 5 U.S.C. 552a(c)(3), (d), (e)(1), (e)(4)(G), (H), 
(I), and (f).
    (ii) Authority: 5 U.S.C. 552a(k)(2).
    (iii) Reasons: (A) From subsection (c)(3), as to grant access to an 
accounting of disclosures as required by the Privacy Act, including the 
date, nature, and purpose of each disclosure and the identity of the 
recipient, could alert the subject to the existence of the 
investigation or prosecutive interest by DLA or other agencies. This 
could seriously compromise case preparation by: Prematurely revealing 
its existence and nature; compromising or interfering with witnesses or 
making witnesses reluctant to cooperate; and leading to suppression, 
alteration, or destruction of evidence.
    (B) From 5 U.S.C. 552a(d) and (f), as providing access to this 
information could result in the concealment, destruction or fabrication 
of evidence and jeopardize the safety and wellbeing of informants, 
witnesses and their families, and law enforcement personnel and their 
families. Disclosure of this information also could reveal and render 
ineffectual investigative techniques, sources, and methods used by this 
component and could result in the invasion of privacy of individuals 
only incidentally related to an investigation. Investigatory material 
is exempt to the extent that the disclosure of such material would 
reveal the identity of a source who furnished the information to the 
Government under an express promise that the identity of the source 
would be held in confidence, or prior to September 27, 1975, under an 
implied promise that the identity of the source would be held in 
confidence. This exemption will protect the identities of certain 
sources that would be otherwise unwilling to provide information to the 
Government. The exemption of the individual's right of access to his/
her records and the reasons therefore necessitate the exemptions of 
this system of records from the requirements of the other cited 
provisions.
    (C) From 5 U.S.C. 552a(e)(1), as it is not always possible to 
detect the relevance or necessity of each piece of information in the 
early stages of an investigation. In some cases, it is only after the 
information is evaluated in light of other evidence that its relevance 
and necessity will be clear.
    (D) From 5 U.S.C. 552a(e)(4)(G), (H), and (I), as it will provide 
protection against notification of investigatory material which might 
alert a subject to the fact that an investigation of that individual is 
taking place, and the disclosure of which would weaken the ongoing 
investigation, reveal investigatory techniques, and place in jeopardy 
confidential informants who furnished information under an express 
promise that the sources' identity would be held in confidence (or 
prior to the effective date of the Act, under an implied promise).
    (4) System identifier and name: S500.30 (Specific exemption), 
Incident Investigation/Police Inquiry Files.
    (i) 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). If an individual, however, 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 the information, the individual will be provided access 
to the information, except to the extent that disclosure would reveal 
the identity of a confidential source.

    Note to paragraph (4)(i)(A): When claimed, this exemption allows 
limited protection of investigative reports maintained in a system 
of records used in personnel or administrative actions.

    (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) The specific sections of 5 U.S.C. 552a from which the system is 
exempt are 5 U.S.C. 552a(c)(3), (d)(1) through (d)(4), (e)(1), 
(e)(4)(G), (H), and (I), and (f).
    (ii) Authority: 5 U.S.C. 552a(k)(2) and (k)(5).
    (iii) Reasons: (A) From 5 U.S.C. 552a(c)(3), because to grant 
access to the accounting for each disclosure as required by the Privacy 
Act, including the date, nature, and purpose of each disclosure and the 
identity of the recipient, could alert the subject to the existence of 
the investigation or prosecutive interest by DLA or other agencies. 
This could seriously compromise case preparation by: Prematurely 
revealing its existence and nature; compromising or interfering with 
witnesses or making witnesses reluctant to cooperate; and leading to 
suppression, alteration, or destruction of evidence.
    (B) From 5 U.S.C. 552a(d)(1) through (d)(4), and (f), as providing 
access to records of a civil or administrative investigation, and the 
right to contest the contents of those records and force changes to be 
made to the information contained therein, would seriously interfere 
with and thwart the orderly and unbiased conduct of the investigation 
and impede case preparation. Providing access rights normally afforded 
under the Privacy Act would: Provide the subject with valuable 
information that would allow interference with or compromise of 
witnesses or render witnesses reluctant to cooperate; lead to 
suppression, alteration, or destruction of evidence; enable individuals 
to conceal wrongdoing or mislead the course of the investigation; and 
result in the secreting of or other disposition of assets that would 
make them difficult or impossible to reach to satisfy any Government 
claim arising from the investigation or proceeding.
    (C) From 5 U.S.C. 552a(e)(1), as it is not always possible to 
detect the relevance or necessity of each piece of information in the 
early stages of an investigation. In some cases, it is only after the 
information is evaluated in light of other evidence that its relevance 
and necessity will be clear.
    (D) From 5 U.S.C. 552a(e)(4)(G) and (H), as this system of records 
is compiled for law enforcement purposes and is exempt from the access 
provisions of 5 U.S.C. 552a(d) and (f).
    (E) From 5 U.S.C. 552a(e)(4)(I), because to the extent that this 
provision is construed to require more detailed disclosure than the 
broad, generic information currently published in the system notice, an 
exemption from this provision is necessary to protect the 
confidentiality of sources of information and to protect privacy and 
physical safety of witnesses and informants. DLA, nevertheless, will 
continue to publish such a notice in broad generic terms as is its 
current practice.
    (5) System identifier and name: S500.60 (Specific exemption), 
Defense

[[Page 46588]]

Logistics Agency Enterprise Hotline Program Records.
    (i) 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). If an individual, however, 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 the information, the individual will be provided access 
to the information, except to the extent that disclosure would reveal 
the identity of a confidential source.

    Note to paragraph (5)(i)(A): When claimed, this exemption allows 
limited protection of investigative reports maintained in a system 
of records used in personnel or administrative actions.

    (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) The specific sections of 5 U.S.C. 552a from which the system is 
exempt are 5 U.S.C. 552a(c)(3), (d)(1) through (4), (e)(1), (e)(4)(G), 
(H), (I), and (f).
    (ii) Authority: 5 U.S.C. 552a(k)(2) and (k)(5).
    (iii) Reasons: (A) From subsection (c)(3), as to grant access to an 
accounting of disclosures as required by the Privacy Act, including the 
date, nature, and purpose of each disclosure and the identity of the 
recipient, could alert the subject to the existence of the 
investigation or prosecutive interest by DLA or other agencies. This 
could seriously compromise case preparation by prematurely revealing 
its existence and nature; compromise or interfere with witnesses or 
making witnesses reluctant to cooperate; and lead to suppression, 
alteration, or destruction of evidence.
    (B) From 5 U.S.C. 552a(d)(1) through (4) and (f), as providing 
access to records of a civil or administrative investigation, and the 
right to contest the contents of those records and force changes to be 
made to the information contained therein, would interfere seriously 
with and thwart the orderly and unbiased conduct of the investigation 
and impede case preparation. Providing access rights normally afforded 
under the Privacy Act would provide the subject with valuable 
information that would allow: Interference with or compromise of 
witnesses or render witnesses reluctant to cooperate; lead to 
suppression, alteration, or destruction of evidence; enable individuals 
to conceal wrongdoing or mislead the course of the investigation; and 
result in the secreting of or other disposition of assets that would 
make them difficult or impossible to reach to satisfy any Government 
claim arising from the investigation or proceeding.
    (C) From 5 U.S.C. 552a(e)(1), as it is not always possible to 
detect the relevance or necessity of each piece of information in the 
early stages of an investigation. In some cases, it is only after the 
information is evaluated in light of other evidence that its relevance 
and necessity will be clear.
    (D) From 5 U.S.C. 552a(e)(4)(G) and (H), as this system of records 
is compiled for law enforcement purposes and is exempt from the access 
provisions of 5 U.S.C. 552a(d) and (f).
    (E) From 5 U.S.C. 552a(e)(4)(I), as to the extent that this 
provision is construed to require more detailed disclosure than the 
broad, generic information currently published in the system notice, an 
exemption from this provision is necessary to protect the 
confidentiality of sources of information and to protect privacy and 
physical safety of witnesses and informants. DLA will, nevertheless, 
continue to publish such a notice in broad generic terms as is its 
current practice.
    (6) System identifier and name: S510.30 (Specific/General 
Exemption), Freedom of Information Act/Privacy Act Requests and 
Administrative Appeal Records.
    (i) Exemption: During the processing of a Freedom of Information 
Act/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 Defense Logistics Agency claims the same 
exemptions for the records from those ``other'' systems that are 
entered into this system, as claimed for the original primary system of 
which they are a part.
    (ii) Authority: 5 U.S.C. 552a(j)(2), (k)(1) through (7).
    (iii) 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 the President 
and others are not compromised; 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.
    (7) System identifier and name: S240.28 DoD (Specific exemption), 
Case Adjudication Tracking System (CATS).
    (i) Exemption: (A) Investigatory material compiled solely for the 
purpose of determining suitability, eligibility, or qualifications for 
federal civilian employment, 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) Therefore, portions of this system may be exempt pursuant to 5 
U.S.C. 552a(k)(5) from the following subsections of 5 U.S.C. 
552a(c)(3), (d)(1)(2)(3)(4), and (e)(1).
    (i) Authority: 5 U.S.C. 552a(k)(5).
    (iii) Reasons: (A) From 5 U.S.C. 552a(c)(3) and (d)(1)(2)(3)(4), 
when access to accounting disclosures and access to or amendment of 
records would cause the identity of a confidential source to be 
revealed. Disclosure of the confidential source's identity not only 
will result in the Department breaching the express promise of 
confidentiality made to the source but it would impair the Department's 
future ability to compile investigatory material for the purpose of 
determining suitability, eligibility, or qualifications for Federal 
civilian employment, Federal contracts, or access to classified 
information. Unless sources may be assured that a promise of 
confidentiality will be honored, they will be less likely to provide 
information considered essential to the Department in making the 
required determinations.
    (B) From 5 U.S.C. 552a(e)(1), as in the collection of information 
for investigatory purposes, it is not always possible to determine the 
relevance and

[[Page 46589]]

necessity of particular information in the early stages of the 
investigation. In some cases, it is only after the information is 
evaluated in light of other information that its relevance and 
necessity becomes clear. Such information permits more informed 
decision making by the Department when making required suitability, 
eligibility, and qualification determinations.


Sec.  310.22  Defense Security Service (DSS) exemptions.

    (a) General. The Director of the Defense Security Service 
establishes the following exemptions of records systems (or portions 
thereof) from the provisions of these rules, and other indicated 
portions of Public Law 93-579, in this section. They may be exercised 
only by the Director, Defense Security Service and the Chief of the 
Office of FOI and Privacy. Exemptions will be exercised only when 
necessary for a specific, significant and legitimate reason connected 
with the purpose of a records system, and not simply because they are 
authorized by statute. Personal records releasable under the provisions 
of 5 U.S.C. 552 will not be withheld from subject individuals based on 
these exemptions.
    (b) All systems of records maintained by DSS shall be exempt from 
the requirements of 5 U.S.C. 552a(d) pursuant to 5 U.S.C. 552a(k)(1) to 
the extent that the system contains any information properly classified 
under Executive Order 12958 and which is required by the Executive 
Order to be withheld in the interest of national defense of foreign 
policy. This exemption, which may be applicable to parts of all systems 
of records, is necessary because certain record systems not otherwise 
specifically designated for exemptions herein may contain items of 
information that have been properly classified.
    (1) System identifier and name: V1-01, Privacy and Freedom of 
Information Request Records.
    (i) Exemption: (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) Records maintained in connection with providing protective 
services to the President and other individuals under 18 U.S.C. 3506, 
may be exempt pursuant to 5 U.S.C. 552a(k)(3).
    (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) Any portion of this system that falls under the provisions of 5 
U.S.C. 552a(k)(2), (k)(3), (k)(5) may be exempt from the following 
subsections of 5 U.S.C. 552a(c)(3); (d); (e)(1); (e)(4)(G), (H) and 
(I); and (f).
    (ii) Authority: 5 U.S.C. 552a(k)(2), (k)(3), (k)(5).
    (iii) Reasons: (A) From subsection (c)(3) because it will enable 
DSS to conduct certain investigations and relay law enforcement 
information without compromise of the information, protection of 
investigative techniques and efforts employed, and identities of 
confidential sources who might not otherwise come forward and who 
furnished information under an express promise that the sources' 
identity would be held in confidence (or prior to the effective date of 
the Act, under an implied promise);
    (B) From subsections (e)(1), (e)(4)(G), (H), and (I) because it 
will provide protection against notification of investigatory material 
including certain reciprocal investigations and counterintelligence 
information, which might alert a subject to the fact that an 
investigation of that individual is taking place, and the disclosure of 
which would weaken the on-going investigation, reveal investigatory 
techniques, and place confidential informants in jeopardy who furnished 
information under an express promise that the sources' identity would 
be held in confidence (or prior to the effective date of the Act, under 
an implied promise);
    (C) From subsections (d) and (f) because requiring DSS to grant 
access to records and agency rules for access and amendment of records 
would unfairly impede the agency's investigation of allegations of 
unlawful activities. To require DSS to confirm or deny the existence of 
a record pertaining to a requesting individual may in itself provide an 
answer to that individual relating to an on-going investigation. The 
investigation of possible unlawful activities would be jeopardized by 
agency rules requiring verification of record, disclosure of the record 
to the subject, and record amendment procedures.
    (2) System identifier and name: V5-01, Investigative Files System.
    (i) Exemption: (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) Records maintained in connection with providing protective 
services to the President and other individuals under 18 U.S.C. 3506, 
may be exempt pursuant to 5 U.S.C. 552a(k)(3).
    (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) Any portion of this system that falls under the provisions of 5 
U.S.C. 552a(k)(2), (k)(3), or (k)(5) may be exempt from the following 
subsections of 5 U.S.C. 552a(c)(3); (d); (e)(1); (e)(4)(G), (H), and 
(I); and (f).
    (ii) Authority: 5 U.S.C. 552a(k)(2), (k)(3), or (k)(5).
    (iii) Reasons: (A) From subsection (c)(3) because it will enable 
DSS to conduct certain investigations and relay law enforcement 
information without compromise of the information, protection of 
investigative techniques and efforts employed, and identities of 
confidential sources who might not otherwise come forward and who 
furnished information under an express promise that the sources' 
identity would be held in confidence (or prior to the effective date of 
the Act, under an implied promise).
    (B) From subsections (e)(1), (e)(4)(G), (H), and (I) because it 
will provide protection against notification of investigatory material 
including certain reciprocal investigations and counterintelligence 
information, which might alert a subject to the fact that an 
investigation of that individual is taking place, and the disclosure of 
which would weaken the on-going investigation, reveal investigatory 
techniques, and place confidential informants in jeopardy who furnished 
information under an express promise

[[Page 46590]]

that the sources' identity would be held in confidence (or prior to the 
effective date of the Act, under an implied promise).
    (C) From subsections (d) and (f) because requiring DSS to grant 
access to records and agency rules for access and amendment of records 
would unfairly impede the agency's investigation of allegations of 
unlawful activities. To require DSS to confirm or deny the existence of 
a record pertaining to a requesting individual may in itself provide an 
answer to that individual relating to an on-going investigation. The 
investigation of possible unlawful activities would be jeopardized by 
agency rules requiring verification of record, disclosure of the record 
to the subject, and record amendment procedures.
    (3) System identifier and name: V5-02, Defense Clearance and 
Investigations Index (DCII).
    (i) Exemption: 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. Any portion of this system that falls under the 
provisions of 5 U.S.C. 552a(k)(2) may be exempt from the following 
subsections of 5 U.S.C. 552a(c)(3); (d); (e)(1); (e)(4)(G), (H), and 
(I), and (f).
    (ii) Authority: 5 U.S.C. 552a(k)(2).
    (iii) Reasons: (A) From subsection (c)(3) because it will enable 
DSS to conduct certain investigations and relay law enforcement 
information without compromise of the information, protection of 
investigative techniques and efforts employed, and identities of 
confidential sources who might not otherwise come forward and who 
furnished information under an express promise that the sources' 
identity would be held in confidence (or prior to the effective date of 
the Act, under an implied promise).
    (B) From subsections (e)(1), (e)(4)(G), (H), and (I) because it 
will provide protection against notification of investigatory material 
including certain reciprocal investigations and counterintelligence 
information, which might alert a subject to the fact that an 
investigation of that individual is taking place, and the disclosure of 
which would weaken the on-going investigation, reveal investigatory 
techniques, and place confidential informants in jeopardy who furnished 
information under an express promise that the sources' identity would 
be held in confidence (or prior to the effective date of the Act, under 
an implied promise).
    (C) From subsections (d) and (f) because requiring DSS to grant 
access to records and agency rules for access and amendment of records 
would unfairly impede the agency's investigation of allegations of 
unlawful activities. To require DSS to confirm or deny the existence of 
a record pertaining to a requesting individual may in itself provide an 
answer to that individual relating to an on-going investigation. The 
investigation of possible unlawful activities would be jeopardized by 
agency rules requiring verification of record, disclosure of the record 
to the subject, and record amendment procedures.
    (4) System identifier and name: V5-03, Case Control Management 
System (CCMS).
    (i) Exemption: (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) 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. Any portion of this system that falls under the 
provisions of 5 U.S.C. 552a(k)(2) or (k)(5) may be exempt from the 
following subsections of 5 U.S.C. 552a: (c)(3); (d); (e)(1); (e)(4)(G), 
(H), and (I); and (f).
    (ii) Authority: 5 U.S.C. 552a(k)(2) and (k)(5).
    (iii) Reasons: (A) From subsection (c)(3) because it will enable 
DSS to conduct certain investigations and relay law enforcement 
information without compromise of the information, protection of 
investigative techniques and efforts employed, and identities of 
confidential sources who might not otherwise come forward and who 
furnished information under an express promise that the sources' 
identity would be held in confidence (or prior to the effective date of 
the Act, under an implied promise).
    (B) From subsections (e)(1), (e)(4)(G), (H), and (I) because it 
will provide protection against notification of investigatory material 
including certain reciprocal investigations and counterintelligence 
information, which might alert a subject to the fact that an 
investigation of that individual is taking place, and the disclosure of 
which would weaken the on-going investigation, reveal investigatory 
techniques, and place confidential informants in jeopardy who furnished 
information under an express promise that the sources' identity would 
be held in confidence (or prior to the effective date of the Act, under 
an implied promise).
    (C) From subsections (d) and (f) because requiring DSS to grant 
access to records and agency rules for access and amendment of records 
would unfairly impede the agency's investigation of allegations of 
unlawful activities. To require DSS to confirm or deny the existence of 
a record pertaining to a requesting individual may in itself provide an 
answer to that individual relating to an on-going investigation. The 
investigation of possible unlawful activities would be jeopardized by 
agency rules requiring verification of record, disclosure of the record 
to the subject, and record amendment procedures.
    (5) System identifier and name: V5-04, Counterintelligence Issues 
Database (CII-DB).
    (i) 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 
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 and other individuals under 18 U.S.C. 3506, 
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

[[Page 46591]]

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) Any portion of this system that falls within the provisions of 
5 U.S.C. 552a(k)(1), (k)(2), (k)(3) and (k)(5) may be exempt from the 
following subsections (c)(3); (d)(1) through (d)(5); (e)(1); (e)(4)(G), 
(H), and (I); and (f).
    (ii) Authority: 5 U.S.C. 552a(k)(1), (k)(2), (k)(3) and (k)(5).
    (iii) Reasons: (A) From subsection (c)(3) because giving the 
individual access to the disclosure accounting could alert the subject 
of an investigation to the existence and nature of the investigation 
and reveal investigative or prosecutive interest by other agencies, 
particularly in a joint-investigation situation. This would seriously 
impede or compromise the investigation and case preparation by 
prematurely revealing its existence and nature; compromise or interfere 
with witnesses or make witnesses reluctant to cooperate with the 
investigators; lead to suppression, alteration, fabrication, or 
destruction of evidence; and endanger the physical safety of 
confidential sources, witnesses, law enforcement personnel and their 
families.
    (B) From subsection (d) because the application of these provisions 
could impede or compromise an investigation or prosecution if the 
subject of an investigation had access to the records or were able to 
use such rules to learn of the existence of an investigation before it 
would be completed. In addition, the mere notice of the fact of an 
investigation could inform the subject and others that their activities 
are under or may become the subject of an investigation and could 
enable the subjects to avoid detection or apprehension, to influence 
witnesses improperly, to destroy evidence, or to fabricate testimony.
    (C) From subsection (e)(1) because during an investigation it is 
not always possible to detect the relevance or necessity of each piece 
of information in the early stages of an investigation. In some cases, 
it is only after the information is evaluated in light of other 
evidence that its relevance and necessity will be clear. In other 
cases, what may appear to be a relevant and necessary piece of 
information may become irrelevant in light of further investigation. In 
addition, during the course of an investigation, the investigator may 
obtain information that related primarily to matters under the 
investigative jurisdiction of another agency, and that information may 
not be reasonably segregated. In the interest of effective law 
enforcement, DSS investigators should retain this information, since it 
can aid in establishing patterns of criminal activity and can provide 
valuable leads for Federal and other law enforcement agencies.
    (D) From subsections (e)(4)(G), (e)(4)(H), (e)(4)(I) and (f) 
because this system is exempt from subsection (d) of the Act, 
concerning access to records. These requirements are inapplicable to 
the extent that these records will be exempt from these subsections. 
However, DSS has published information concerning its notification and 
access procedures, and the records source categories because under 
certain circumstances, DSS could decide it is appropriate for an 
individual to have access to all or a portion of his/her records in 
this system of records.
    (6) [Reserved]


Sec.  310.23  Defense Threat Reduction Agency (DTRA) exemptions.

    (a) Exemption for classified material. All systems of records 
maintained by the Defense Threat Reduction Agency shall be exempt under 
section (k)(1) of 5 U.S.C. 552a, to the extent that the systems contain 
any information properly classified under E.O. 12598 and that is 
required by that E.O. to be kept secret in the interest of national 
defense or foreign policy. This exemption is applicable to parts of all 
systems of records including those not otherwise specifically 
designated for exemptions herein which contain isolated items of 
properly classified information.
    (1) System identifier and name: HDTRA 007, Security Operations.
    (i) Exemption: Portions of this system of records may be exempt 
from the provisions of 5 U.S.C. 552a(c)(3), (d)(1) through (d)(4), 
(e)(1), (e)(4)(G), (H), (I), and (f).
    (ii) Authority: 5 U.S.C. 552a(k)(5).
    (iii) Reasons: (A) From subsection (c)(3) because it will enable 
DTRA to safeguard certain investigations and relay law enforcement 
information without compromise of the information, and protect the 
identities of confidential sources who might not otherwise come forward 
and who have furnished information under an express promise that the 
sources' identity would be held in confidence (or prior to the 
effective date of the Act, under an implied promise.)
    (B) From subsection (d)(1) through (d)(4) and (f) because providing 
access to records of a civil investigation and the right to contest the 
contents of those records and force changes to be made to the 
information contained therein would seriously interfere with, and 
thwart the orderly and unbiased conduct of security investigations. 
Providing access rights normally afforded under the Privacy Act would 
provide the subject with valuable information that would allow 
interference with or compromise of witnesses or render witnesses 
reluctant to cooperate; lead to suppression, alteration, or destruction 
of evidence; and result in the secreting of or other disposition of 
assets that would make them difficult or impossible to reach in order 
to satisfy any Government claim growing out of the investigation or 
proceeding.
    (C) From subsection (e)(1), (e)(4)(G), (H), (I) because it will 
provide protection against notification of investigatory material 
including certain reciprocal investigations and counterintelligence 
information, which might alert a subject to the fact that an 
investigation of that individual is taking place, and the disclosure of 
which would weaken the on-going investigation, reveal investigatory 
techniques, and place confidential informants in jeopardy who furnished 
information; under an express promise that the sources' identity would 
be held in confidence (or prior to the effective date of the Act, under 
an implied promise.)
    (2) System identifier and name: HDTRA 011, Inspector General 
Investigation Files.
    (i) Exemption: Portions of this system of records may be exempt 
from the provisions of 5 U.S.C. 552a(c)(3); (d)(1) through (4); (e)(1); 
(e)(4)(G), (H), and (I); and (f).
    (ii) Authority: 5 U.S.C. 552a(k)(2).
    (iii) Reasons: (A) From subsection (c)(3) because it will enable 
DTRA to conduct certain investigations and relay law enforcement 
information without compromise of the information, protection of 
investigative techniques and efforts employed, and identities of 
confidential sources who might not otherwise come forward and who 
furnished information under an express promise that the sources' 
identity would be held in confidence (or prior to the effective date of 
the Act, under an implied promise.)
    (B) From subsection (d)(1) through (d)(4) and (f) because providing 
access to records of a civil investigation and the right to contest the 
contents of those records and force changes to be made to the 
information contained therein would seriously interfere with and thwart 
the orderly and unbiased conduct of the investigation and impede case 
preparation. Providing access rights normally afforded under the 
Privacy Act would provide the subject with valuable

[[Page 46592]]

information that would allow interference with or compromise of 
witnesses or render witnesses reluctant to cooperate; lead to 
suppression, alteration, or destruction of evidence; and result in the 
secreting of or other disposition of assets that would make them 
difficult or impossible to reach in order to satisfy any Government 
claim growing out of the investigation or proceeding.
    (C) From subsection (e)(1), (e)(4)(G), (H), and (I) because it will 
provide protection against notification of investigatory material 
including certain reciprocal investigations and counterintelligence 
information, which might alert a subject to the fact that an 
investigation of that individual is taking place, and the disclosure of 
which would weaken the on-going investigation, reveal investigatory 
techniques, and place confidential informants in jeopardy who furnished 
information under an express promise that the sources' identity would 
be held in confidence (or prior to the effective date of the Act, under 
an implied promise).
    (3) System identifier and name: HDTRA 021, Freedom of Information 
Act and Privacy Act Request Case Files.
    (i) Exemption: During the processing of a Freedom of Information 
Act or Privacy Act request 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 Defense Threat Reduction 
Agency claims the same exemptions for the records from those `other' 
systems that are entered into this system, as claimed for the original 
primary system of which they are a part.
    (ii) Authority: 5 U.S.C. 552a(j)(2), (k)(1), (k)(2), (k)(3), 
(k)(4), (k)(5), (k)(6) and (k)(7).
    (iii) 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 the President 
and others are not compromised, 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.
    (b) [Reserved]


Sec.  310.24  National Geospatial-Intelligence Agency (NGA) exemptions.

    (a) Exempt systems of record. All systems of records maintained by 
the NGA and its components shall be exempt from the requirements of 5 
U.S.C. 552a(d) pursuant to 5 U.S.C. 552a(k)(1) to the extent that the 
system contains any information properly classified under Executive 
Order 12958 and that is required by Executive Order to be withheld in 
the interest of national defense or foreign policy. This exemption is 
applicable to parts of all systems of records, including those not 
otherwise specifically designated for exemptions herein, which contain 
isolated items of properly classified information.
    (1) System identifier and name: B0210-07, Inspector General 
Investigative and Complaint Files.
    (i) Exemption: (A) Investigative 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) 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 this system of records may be exempt 
pursuant to 5 U.S.C. 552a(k)(2) and/or (k)(5) from the following 
subsections of 5 U.S.C. 552a(c)(3), (d), (e)(1), (e)(4)(G), (H) and 
(I), and (f).
    (ii) Authority: 5 U.S.C. 552a(k)(2) and (k)(5).
    (iii) Reasons: (A) From subsection (c)(3) because to grant access 
to the accounting for each disclosure as required by the Privacy Act, 
including the date, nature, and purpose of each disclosure and the 
identity of the recipient, could alert the subject to the existence of 
the investigation or prosecutable interest by the NGA or other 
agencies. This could seriously compromise case preparation by 
prematurely revealing its existence and nature; compromise or interfere 
with witnesses or make witnesses reluctant to cooperate; and lead to 
suppression, alteration, or destruction of evidence.
    (B) From subsections (d) and (f) because providing access to 
investigative records and the right to contest the contents of those 
records and force changes to be made to the information contained 
therein would seriously interfere with and thwart the orderly and 
unbiased conduct of the investigation and impede case preparation. 
Providing access rights normally afforded under the Privacy Act would 
provide the subject with valuable information that would allow 
interference with or compromise of witnesses or render witnesses 
reluctant to cooperate; lead to suppression, alteration, or destruction 
of evidence; enable individuals to conceal their wrongdoing or mislead 
the course of the investigation; and result in the secreting of or 
other disposition of assets that would make them difficult or 
impossible to reach in order to satisfy any Government claim growing 
out of the investigation or proceeding.
    (C) From subsection (e)(1) because it is not always possible to 
detect the relevance or necessity of each piece of information in the 
early stages of an investigation. In some cases, it is only after the 
information is evaluated in light of other evidence that its relevance 
and necessity will be clear.
    (D) From subsections (e)(4)(G) and (H) because this system of 
records is compiled for investigative purposes and is exempt from the 
access provisions of subsections (d) and (f).
    (E) From subsection (e)(4)(I) because to the extent that this 
provision is construed to require more detailed disclosure than the 
broad, generic information currently published in the system notice, an 
exemption from this provision is necessary to protect the 
confidentiality of sources of information and to protect privacy and 
physical safety of witnesses and informants. NGA will, nevertheless, 
continue to publish such a notice in broad generic terms, as is its 
current practice.
    (F) Consistent with the legislative purpose of the Privacy Act of 
1974, NGA will grant access to nonexempt material in the records being 
maintained. Disclosure will be governed

[[Page 46593]]

by NGA's Privacy Regulation, but will be limited to the extent that the 
identity of confidential sources will not be compromised; subjects of 
an investigation of an actual or potential criminal or civil violation 
will not be alerted to the investigation; the physical safety of 
witnesses, informants and law enforcement personnel will not be 
endangered; the privacy of third parties will not be violated; and that 
the disclosure would not otherwise impede effective law enforcement. 
Whenever possible, information of the above nature will be deleted from 
the requested documents and the balance made available. The controlling 
principle behind this limited access is to allow disclosures except 
those indicated in this paragraph. The decisions to release information 
from these systems will be made on a case-by-case basis.
    (2) System identifier and name: NGA-004, NGA Threat Mitigation 
Records.
    (i) Exemption: (A) Exempt materials from JUSTICE/FBI--019 Terrorist 
Screening Records System may become part of the case records in this 
system of records. To the extent that copies of exempt records from 
JUSTICE/FBI--019, Terrorist Screening Records System are entered into 
these Threat Mitigation case records, NGA hereby claims the same 
exemptions (j)(2) and (k)(2), for the records as claimed in JUSTICE/
FBI--019, Terrorist Screening Records system of records of which they 
are a part.
    (B) 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).
    (C) 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.
    (ii) Authority: 5 U.S.C. 552a(j)(2), (k)(1), (k)(2) and (k)(5).
    (iii) Reasons: (A) Pursuant to 5 U.S.C. 552a(j)(2), (k)(2), and 
(k)(5) NGA is claiming the following exemptions for certain records 
within the Threat Mitigation Records system: 5 U.S.C. 552a(c)(3) and 
(4); (d)(1), (2), (3), and (4); (e)(1), (2), (3), (4)(G) through (I), 
(5), and (8); (f), and (g). Additionally, pursuant to 5 U.S.C. 
552a(k)(1) and (k)(2), NGA has exempted this system from the following 
provisions of the Privacy Act, subject to the limitation set forth in 5 
U.S.C. 552a(c)(3); (d); (e)(1), (e)(4)(G), (e)(4)(H), (e)(4)(I); and 
(f). Exemptions from these particular subsections are justified, on a 
case-by-case basis to be determined at the time a request is made.
    (B) In addition to records under the control of NGA, the Threat 
Mitigation system of records may include records originating from 
systems of records of other law enforcement and intelligence agencies 
which may be exempt from certain provisions of the Privacy Act. 
However, NGA does not assert exemption to any provisions of the Privacy 
Act with respect to information submitted by or on behalf of 
individuals.
    (C) To the extent the Threat Mitigation system contains records 
originating from other systems of records, NGA will rely on the 
exemptions claimed for those records in the originating system of 
records. Exemptions for certain records within the Threat Mitigation 
system from particular subsections of the Privacy Act are justified for 
the following reasons:
    (1) From subsection (c)(3) (Accounting for Disclosures) because 
giving a record subject access to the accounting of disclosures from 
records concerning him or her could reveal investigative interest on 
the part of the recipient agency that obtained the record pursuant to a 
routine use. Disclosure of the accounting could therefore present a 
serious impediment to law enforcement efforts on the part of the 
recipient agency because the individual who is the subject of the 
record would learn of third agency investigative interests and could 
take steps to evade detection or apprehension. Disclosure of the 
accounting also could reveal the details of watch list matching 
measures under the Threat Mitigation system, as well as capabilities 
and vulnerabilities of the watch list matching process, the release of 
which could permit an individual to evade future detection and thereby 
impede efforts to ensure security.
    (2) From subsection (c)(4) because portions of this system are 
exempt from the access and amendment provisions of subsection (d).
    (3) From subsection (d) (Access to Records) because access to the 
records contained in this system of records could inform the subject of 
an investigation of an actual or potential criminal, civil, or 
regulatory violation to the existence of that investigation and reveal 
investigative interest on the part of Department of Homeland Security 
or another agency. Access to the records could permit the individual 
who is the subject of a record to impede the investigation, to tamper 
with witnesses or evidence, and to avoid detection or apprehension. 
Amendment of the records could interfere with ongoing investigations 
and law enforcement activities and would impose an unreasonable 
administrative burden by requiring investigations to be continually 
reinvestigated. In addition, permitting access and amendment to such 
information could disclose security sensitive information that could be 
detrimental to national security.
    (4) From subsection (e)(1) because it is not always possible for 
NGA or other agencies to know in advance what information is both 
relevant and necessary for it to complete an identity comparison 
between individuals and a known or suspected terrorist. In addition, 
because NGA and other agencies may not always know what information 
about an encounter with a known or suspected terrorist will be relevant 
to law enforcement for the purpose of conducting an operational 
response.
    (5) From subsection (e)(2) because application of this provision 
could present a serious impediment to counterterrorism, law 
enforcement, or intelligence efforts in that it would put the subject 
of an investigation, study or analysis on notice of that fact, thereby 
permitting the subject to engage in conduct designed to frustrate or 
impede that activity. The nature of counterterrorism, law enforcement, 
or intelligence investigations is such that vital information about an 
individual frequently can be obtained only from other persons who are 
familiar with such individual and his/her activities. In such 
investigations, it is not feasible to rely upon information furnished 
by the individual concerning his own activities.
    (D) From subsection (e)(3), to the extent that this subsection is 
interpreted to require NGA to provide notice to an individual if NGA or 
another agency receives or collects information about that individual 
during an investigation or from a third party. Should the subsection be 
so interpreted, exemption from this provision is necessary to avoid 
impeding counterterrorism, law enforcement, or intelligence efforts by 
putting the subject of an investigation, study or analysis on notice of 
that fact, thereby permitting the subject to engage in conduct intended 
to frustrate or impede that activity.
    (E) From subsections (e)(4)(G) and (H) and (I) (Agency 
Requirements) and (f) (Agency Rules), because this system is exempt 
from the access provisions of 5 U.S.C. 552a(d).
    (F) From subsection (e)(5) because many of the records in this 
system coming from other system of records are

[[Page 46594]]

derived from other agency record systems and therefore it is not 
possible for NGA to ensure their compliance with this provision, 
however, NGA has implemented internal quality assurance procedures to 
ensure that data used in the matching process is as thorough, accurate, 
and current as possible. In addition, in the collection of information 
for law enforcement, counterterrorism, and intelligence 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. The restrictions 
imposed by (e)(5) would limit the ability of those agencies' trained 
investigators and intelligence analysts to exercise their judgment in 
conducting investigations and impede the development of intelligence 
necessary for effective law enforcement and counterterrorism efforts. 
However, NGA has implemented internal quality assurance procedures to 
ensure that the data used in the matching process is as thorough, 
accurate, and current as possible.
    (G) From subsection (e)(8) because to require individual notice of 
disclosure of information due to compulsory legal process would pose an 
impossible administrative burden on NGA and other agencies and could 
alert the subjects of counterterrorism, law enforcement, or 
intelligence investigations to the fact of those investigations when 
not previously known.
    (H) From subsection (f) (Agency Rules) because portions of this 
system are exempt from the access and amendment provisions of 
subsection (d).
    (I) From subsection (g) to the extent that the system is exempt 
from other specific subsections of the Privacy Act.
    (3) System identifier and name: NGA-003, National Geospatial-
Intelligence Agency Enterprise Workforce System.
    (i) Exemption: 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 the 
information, the individual will be provided access to the information 
exempt to the extent that disclosure would reveal the identity of a 
confidential source.

    Note to paragraph (3)(i): When claimed, this exemption allows 
limited protection of investigative reports maintained in a system 
of records used in personnel or administrative actions.

    (ii) Authority: 5 U.S.C. 552a (k)(2).
    (iii) Reasons: Pursuant to 5 U.S.C. 552a (k)(2), the Director of 
NGA has exempted this system from the following provisions of the 
Privacy Act, subject to the limitation set forth in 5 U.S.C. 
552a(c)(3); (d); (e)(1), (e)(4)(G), (e)(4)(H), (e)(4)(I); and (f). 
Exemptions from these particular subsections are justified, on a case-
by-case basis to be determined at the time a request is made, for the 
following reasons:
    (A) From subsection (c)(3) and (c)(4) (Accounting for Disclosures) 
because release of the accounting of disclosures could alert the 
subject of an investigation of an actual or potential criminal, civil, 
or regulatory violation to the existence of that investigation and 
reveal investigative interest on the part of NGA as well as the 
recipient agency. Disclosure of the accounting would therefore present 
a serious impediment to law enforcement efforts and/or efforts to 
preserve national security. Disclosure of the accounting would also 
permit the individual who is the subject of a record to impede the 
investigation, to tamper with witnesses or evidence, and to avoid 
detection or apprehension, which would undermine the entire 
investigative process.
    (B) From subsection (d) (Access to Records) because access to the 
records contained in this system of records could inform the subject of 
an investigation of an actual or potential criminal, civil, or 
regulatory violation to the existence of that investigation and reveal 
investigative interest on the part of NGA or another agency. Access to 
the records could permit the individual who is the subject of a record 
to impede the investigation, to tamper with witnesses or evidence, and 
to avoid detection or apprehension. Amendment of the records could 
interfere with ongoing investigations and law enforcement activities 
and would impose an unreasonable administrative burden by requiring 
investigations to be continually reinvestigated. In addition, 
permitting access and amendment to such information could disclose 
security-sensitive information that could be detrimental to homeland 
security.
    (C) From subsection (e)(1) (Relevancy and Necessity of Information) 
because in the course of investigations into potential violations of 
Federal law, the accuracy of information obtained or introduced 
occasionally may be unclear, or the information may not be strictly 
relevant or necessary to a specific investigation. In the interests of 
effective law enforcement, it is appropriate to retain all information 
that may aid in establishing patterns of unlawful activity.
    (D) From subsection (e)(2) (Collection of Information from 
Individuals) because requiring that information be collected from the 
subject of an investigation would alert the subject to the nature or 
existence of the investigation, thereby interfering with that 
investigation and related law enforcement activities.
    (E) From subsection (e)(3) (Notice to Subjects) because providing 
such detailed information could impede law enforcement by compromising 
the existence of a confidential investigation or reveal the identity of 
witnesses or confidential informants.
    (F) From subsections (e)(4)(G), (e)(4)(H), and (e)(4)(I) (Agency 
Requirements) and (f) (Agency Rules), because portions of this system 
are exempt from the individual access provisions of subsection (d) for 
the reasons noted above, and therefore NGA is not required to establish 
requirements, rules, or procedures with respect to such access. 
Providing notice to individuals with respect to existence of records 
pertaining to them in the system of records or otherwise setting up 
procedures pursuant to which individuals may access and view records 
pertaining to themselves in the system would undermine investigative 
efforts and reveal the identities of witnesses, and potential 
witnesses, and confidential informants.
    (G) From subsection (e)(5) (Collection of Information) because with 
the collection of information for law enforcement purposes, it is 
impossible to determine in advance what information is accurate, 
relevant, timely, and complete. Compliance with subsection (e)(5) would 
preclude NGA personnel from using their investigative training and 
exercise of good judgment to both conduct and report on investigations.
    (H) From subsection (e)(8) (Notice on Individuals) because 
compliance would interfere with NGA's ability to cooperate with law 
enforcement who would obtain, serve, and issue subpoenas, warrants, and 
other law enforcement mechanisms that may be filed under seal and could 
result in disclosure of investigative techniques, procedures, and 
evidence.
    (I) From subsection (g)(1) (Civil Remedies) to the extent that the 
system is exempt from other specific subsections of the Privacy Act.

[[Page 46595]]

    (4) System identifier and name: NGA-008, National Geospatial-
Intelligence Agency Polygraph Records System.
    (i) Exemption: 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 the 
information, the individual will be provided access to the information 
exempt to the extent that disclosure would reveal the identity of a 
confidential source.

    Note to paragraph (4)(i): When claimed, this exemption allows 
limited protection of investigative reports maintained in a system 
of records used in personnel or administrative actions.

    (ii) Authority: 5 U.S.C. 552a (k)(2).
    (iii) Reasons: Pursuant to 5 U.S.C. 552a (k)(2), the Director of 
NGA has exempted this system from the following provisions of the 
Privacy Act, subject to the limitation set forth in 5 U.S.C. 
552a(c)(3); (d); (e)(1), (e)(4)(G), (e)(4)(H), (e)(4)(I); and (f). 
Exemptions from these particular subsections are justified, on a case-
by-case basis to be determined at the time a request is made, for the 
following reasons:
    (A) From subsection (c)(3) and (c)(4) (Accounting for Disclosures) 
because release of the accounting of disclosures could alert the 
subject of an investigation of an actual or potential criminal, civil, 
or regulatory violation to the existence of that investigation and 
reveal investigative interest on the part of NGA as well as the 
recipient agency. Disclosure of the accounting would therefore present 
a serious impediment to law enforcement efforts and/or efforts to 
preserve national security. Disclosure of the accounting would also 
permit the individual who is the subject of a record to impede the 
investigation, to tamper with witnesses or evidence, and to avoid 
detection or apprehension, which would undermine the entire 
investigative process.
    (B) From subsection (d) (Access to Records) because access to the 
records contained in this system of records could inform the subject of 
an investigation of an actual or potential criminal, civil, or 
regulatory violation to the existence of that investigation and reveal 
investigative interest on the part of NGA or another agency. Access to 
the records could permit the individual who is the subject of a record 
to impede the investigation, to tamper with witnesses or evidence, and 
to avoid detection or apprehension. Amendment of the records could 
interfere with ongoing investigations and law enforcement activities 
and would impose an unreasonable administrative burden by requiring 
investigations to be continually reinvestigated. In addition, 
permitting access and amendment to such information could disclose 
security-sensitive information that could be detrimental to homeland 
security.
    (C) From subsection (e)(1) (Relevancy and Necessity of Information) 
because in the course of investigations into potential violations of 
Federal law, the accuracy of information obtained or introduced 
occasionally may be unclear, or the information may not be strictly 
relevant or necessary to a specific investigation. In the interests of 
effective law enforcement, it is appropriate to retain all information 
that may aid in establishing patterns of unlawful activity.
    (D) From subsection (e)(2) (Collection of Information from 
Individuals) because requiring that information be collected from the 
subject of an investigation would alert the subject to the nature or 
existence of the investigation, thereby interfering with that 
investigation and related law enforcement activities.
    (E) From subsection (e)(3) (Notice to Subjects) because providing 
such detailed information could impede law enforcement by compromising 
the existence of a confidential investigation or reveal the identity of 
witnesses or confidential informants.
    (F) From subsections (e)(4)(G), (e)(4)(H), and (e)(4)(I) (Agency 
Requirements) and (f) (Agency Rules), because portions of this system 
are exempt from the individual access provisions of subsection (d) for 
the reasons noted above, and therefore NGA is not required to establish 
requirements, rules, or procedures with respect to such access. 
Providing notice to individuals with respect to existence of records 
pertaining to them in the system of records or otherwise setting up 
procedures pursuant to which individuals may access and view records 
pertaining to themselves in the system would undermine investigative 
efforts and reveal the identities of witnesses, and potential 
witnesses, and confidential informants.
    (G) From subsection (e)(5) (Collection of Information) because with 
the collection of information for law enforcement purposes, it is 
impossible to determine in advance what information is accurate, 
relevant, timely, and complete. Compliance with subsection (e)(5) would 
preclude NGA personnel from using their investigative training and 
exercise of good judgment to both conduct and report on investigations.
    (H) From subsection (e)(8) (Notice on Individuals) because 
compliance would interfere with NGA's ability to cooperate with law 
enforcement who would obtain, serve, and issue subpoenas, warrants, and 
other law enforcement mechanisms that may be filed under seal and could 
result in disclosure of investigative techniques, procedures, and 
evidence.
    (I) From subsection (g)(1) (Civil Remedies) to the extent that the 
system is exempt from other specific subsections of the Privacy Act.
    (5) System identifier and name: NGA-010, National Geospatial-
Intelligence Agency Security Financial Disclosure Reporting Records 
System.
    (i) Exemption: 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 the 
information, the individual will be provided access to the information 
exempt to the extent that disclosure would reveal the identity of a 
confidential source. When claimed, this exemption allows limited 
protection of investigative reports maintained in a system of records 
used in personnel or administrative actions. 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.
    (ii) Authority: 5 U.S.C. 552a(k)(2) and (k)(5).
    (iii) Reasons: Pursuant to 5 U.S.C. 552a(k)(2), and (k)(5) the 
Director of NGA has exempted this system from the following provisions 
of the Privacy Act, subject to the limitation set forth in 5 U.S.C. 
552a(c)(3); (d); (e)(1), (e)(4)(G), (e)(4)(H), (e)(4)(I); and (f). 
Exemptions from these particular subsections are justified, on a case-
by-case basis to be determined at the time a request is made, for the 
following reasons:
    (A) From subsection (c)(3) (Accounting for Disclosures) because 
release of the accounting of disclosures could alert the subject of an 
investigation of an actual or potential criminal, civil, or regulatory 
violation to

[[Page 46596]]

the existence of that investigation and reveal investigative interest 
on the part of NGA as well as the recipient agency. Disclosure of the 
accounting would therefore present a serious impediment to law 
enforcement efforts and/or efforts to preserve national security. 
Disclosure of the accounting would also permit the individual who is 
the subject of a record to impede the investigation, to tamper with 
witnesses or evidence, and to avoid detection or apprehension, which 
would undermine the entire investigative process. Analyst case notes 
will be kept separate from the individual's data submission. Those case 
notes will contain investigative case leads and summaries, sensitive 
processes, evidence gathered from external sources and potential 
referrals to law enforcement agencies.
    (B) From subsection (d) (Access to Records) because access to the 
records contained in this system of records could inform the subject of 
an investigation of an actual or potential criminal, civil, or 
regulatory violation to the existence of that investigation and reveal 
investigative interest on the part of NGA or another agency. Access to 
the records could permit the individual who is the subject of a record 
to impede the investigation, to tamper with witnesses or evidence, and 
to avoid detection or apprehension. Amendment of the records could 
interfere with ongoing investigations and law enforcement activities 
and would impose an unreasonable administrative burden by requiring 
investigations to be continually reinvestigated. In addition, 
permitting access and amendment to such information could disclose 
security-sensitive information that could be detrimental to homeland 
security.
    (C) From subsection (e)(1) (Relevancy and Necessity of Information) 
because in the course of investigations into potential violations of 
Federal law, the accuracy of information obtained or introduced 
occasionally may be unclear, or the information may not be strictly 
relevant or necessary to a specific investigation. In the interests of 
effective law enforcement, it is appropriate to retain all information 
that may aid in establishing patterns of unlawful activity.
    (D) From subsections (e)(4)(G), (e)(4)(H), and (e)(4)(I) (Agency 
Requirements) and (f) (Agency Rules), because portions of this system 
are exempt from the individual access provisions of subsection (d) for 
the reasons noted above, and therefore NGA is not required to establish 
requirements, rules, or procedures with respect to such access. 
Providing notice to individuals with respect to existence of records 
pertaining to them in the system of records or otherwise setting up 
procedures pursuant to which individuals may access and view records 
pertaining to themselves in the system would undermine investigative 
efforts and reveal the identities of witnesses, and potential 
witnesses, and confidential informants.
    (b) [Reserved]


Sec.  310.25  National Guard Bureau (NGB) exemptions.

    (a) General information. There are two types of exemptions, general 
and specific. The general exemption authorizes the exemption of a SOR 
from all but a few requirements of 5 U.S.C. 552a. The specific 
exemption authorizes exemption of a SOR or portion thereof, from only a 
few specific requirements. If a new SOR originates for which an 
exemption is proposed, or an additional or new exemption for an 
existing SOR is proposed, the exemption shall be submitted with the 
SORN. No exemption of a SOR shall be considered automatic for all 
records in the system. The System Manager shall review each requested 
records and apply the exemptions only when this will serve significant 
and legitimate purpose of the Federal Government.
    (b) Exemption for classified material. All SOR maintained by the 
NGB shall be exempt under section (k)(1) of 5 U.S.C. 552a to the extent 
that the systems contain any information properly classified under 
Executive Order 13526 and that is required by that Executive Order to 
be kept secret in the interest of national defense or foreign policy. 
This exemption is applicable to parts of all systems of records 
including those not otherwise specifically designated for exemptions 
herein which contain isolated items of properly classified information.
    (c) Exemption for anticipation of a civil action or proceeding. All 
systems of records maintained by the NGB shall be exempt under section 
(d)(5) of 5 U.S.C. 552a, to the extent that the record is compiled in 
reasonable anticipation of a civil action or proceeding.
    (d) General exemptions. No SOR within the NGB shall be considered 
exempt under subsection (j) or (k) of 5 U.S.C. 552a until the exemption 
rule for the SOR has been published as a final rule in the FR.
    (e) Specific exemptions.
    (1) System identifier and name: INGB 001, Freedom of Information 
Act (5 U.S.C.) and Privacy Act (5 U.S.C. 552a) Case Files.
    (i) Exemption: During the course of a 5 U.S.C. 552 or 5 U.S.C. 552a 
action, exempt materials from other systems of records may, in turn, 
become part of the case records in this system. To the extent that 
copies of exempt records from those other systems of records are 
entered into this 5 U.S.C. 552 or 5 U.S.C. 552a case record, the NGB 
hereby claims the same exemptions for the records from those other 
systems that are entered into this system, as claimed for the original 
primary SOR which they are a part.
    (ii) Authority: 5 U.S.C. 552a(j)(2), (k)(1), (k)(2), (k)(3), 
(k)(4), (k)(5), (k)(6), and (k)(7).
    (iii) 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 SOR. 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 the President 
and others are not compromised, 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.
    (2) System identifier and name: INGB 005, Special Investigation 
Reports and Files.
    (i) Exemption: 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 the 
information, the individual will be provided access to the information 
except to the extent that disclosure would reveal the identity of a 
confidential source.

    Note to paragraph (e)(2)(i): When claimed, this exemption allows 
limited protection of investigative reports maintained in a SOR used 
in personnel or administrative actions. Any portion of this SOR 
which falls within the provisions of 5 U.S.C. 552a(k)(2) may be

[[Page 46597]]

exempt from the following subsections of 5 U.S.C. 552a: (c)(3), (d), 
(e)(1), (e)(4)(G), (H), and (I), and (f).

    (ii) Authority: 5 U.S.C. 552a(k)(2).
    (iii) Reasons: (A) From subsection (c)(3) of 5 U.S.C. 552a because 
to grant access to the accounting for each disclosure as required by 5 
U.S.C. 552a, including the date, nature, and purpose of each disclosure 
and the identity of the recipient, could alert the subject to the 
existence of the investigation. This could seriously compromise case 
preparation by prematurely revealing its existence and nature; 
compromise or interfere with witnesses or make witnesses reluctant to 
cooperate; and lead to suppression, alteration, or destruction of 
evidence.
    (B) From subsections (d) and (f) of 5 U.S.C. 552a because providing 
access to investigative records and the right to contest the contents 
of those records and force changes to be made to the information 
contained therein would seriously interfere with and thwart the orderly 
and unbiased conduct of the investigation and impede case preparation. 
Providing access rights normally afforded under 5 U.S.C. 552a would 
provide the subject with valuable information that would allow 
interference with or compromise of witnesses or render witnesses 
reluctant to cooperate; lead to suppression, alteration, or destruction 
of evidence; enable individuals to conceal their wrongdoing or mislead 
the course of the investigation; and result in the secreting of or 
other disposition of assets that would make them difficult or 
impossible to reach in order to satisfy any Government claim growing 
out of the investigation or proceeding.
    (C) From subsection (e)(1) of 5 U.S.C. 552a because it is not 
always possible to detect the relevance or necessity of each piece of 
information in the early stages of an investigation. In some cases, it 
is only after the information is evaluated in light of other evidence 
that its relevance and necessity will be clear.
    (D) From subsections (e)(4)(G) and (H) of 5 U.S.C. 552a because 
this SOR is compiled for investigative purposes and is exempt from the 
access provisions of subsections (d) and (f).
    (E) From subsection (e)(4)(I) of 5 U.S.C. 552a because to the 
extent that this provision is construed to require more detailed 
disclosure than the broad, generic information currently published in 
the system notice, an exemption from this provision is necessary to 
protect the confidentiality of sources of information and to protect 
privacy and physical safety of witnesses and informants.


Sec.  310.26  National Reconnaissance Office (NRO) exemptions.

    (a) All systems of records maintained by the NRO shall be exempt 
from the requirements of 5 U.S.C. 552a(d) pursuant to 5 U.S.C. 
552a(k)(1) to the extent that the system contains any information 
properly classified under Executive Order 12958 and which is required 
by the Executive Order to be withheld in the interest of national 
defense of foreign policy. This exemption, which may be applicable to 
parts of all systems of records, is necessary because certain record 
systems not otherwise specifically designated for exemptions herein may 
contain items of information that have been properly classified.
    (b) No system of records within the NRO shall be considered exempt 
under subsection (j) or (k) of the Privacy Act until the exemption and 
the exemption rule for the system of records has been published as a 
final rule in the Federal Register.
    (c) An individual is not entitled to have access to any information 
compiled in reasonable anticipation of a civil action or proceeding (5 
U.S.C. 552a(d)(5)).
    (d) Proposals to exempt a system of records will be forwarded to 
the Defense Privacy Office, consistent with the requirements of this 
part, for review and action.
    (1) System identifier and name: QNRO-23, Counterintelligence Issue 
Files.
    (i) Exemption: (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) 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/or (k)(5) from the following 
subsections of 5 U.S.C. 552a(c)(3), (d), (e)(1), (e)(4)(G), (H) and 
(I), and (f).
    (ii) Authority: 5 U.S.C. 552a(k)(2) and (k)(5).
    (iii) Reasons: (A) From subsection (c)(3) because to grant access 
to the accounting for each disclosure as required by the Privacy Act, 
including the date, nature, and purpose of each disclosure and the 
identity of the recipient, could alert the subject to the identity of 
the recipient, could alert the subject to the existence of the 
investigation or prosecutable interest by NRO or other agencies. This 
could seriously compromise case preparation by prematurely revealing 
its existence and nature; compromise or interfere with witnesses or 
make witnesses reluctant to cooperate; and lead to suppression, 
alteration, or destruction of evidence.
    (B) From subsections (d)(1) through (d)(4), and (f) because 
providing access to records of a civil or administrative investigation 
and the right to contest the contents of those records and force 
changes to be made to the information contained therein would seriously 
interfere with and thwart the orderly and unbiased conduct of the 
investigation and impede case preparation. Providing access rights 
normally afforded under the Privacy Act would provide the subject with 
valuable information that would allow interference with or compromise 
of witnesses or render witnesses reluctant to cooperate; lead to 
suppression, alteration, or destruction of evidence; enable individuals 
to conceal their wrongdoing or mislead the course of the investigation; 
and result in the secreting of or other disposition of assets that 
would make them difficult or impossible to reach in order to satisfy 
any Government claim growing out of the investigation or proceeding.
    (C) From subsection (e)(1) because it is not always possible to 
detect the relevance or necessity of each piece of information in the 
early stages of an investigation. In some cases, it is only after the 
information is evaluated in light of other evidence that its relevance 
and necessity will be clear.
    (D) From subsections (e)(4)(G) and (H) because this system of 
records is compiled for law enforcement purposes and is exempt from the 
access provisions of subsections (d) and (f).
    (E) From subsection (e)(4)(I) because to the extent that this 
provision is construed to require more detailed disclosure than the 
broad, generic information currently published in the system notice, an 
exemption from this provision is necessary to protect the 
confidentiality of sources of information and to protect privacy and 
physical safety of witnesses and informants. NRO

[[Page 46598]]

will, nevertheless, continue to publish such a notice in broad generic 
terms as is its current practice.
    (F) Consistent with the legislative purpose of the Privacy Act of 
1974, the NRO will grant access to nonexempt material in the records 
being maintained. Disclosure will be governed by NRO's Privacy 
Regulation, but will be limited to the extent that the identity of 
confidential sources will not be compromised; subjects of an 
investigation of an actual or potential criminal violation will not be 
alerted to the investigation; the physical safety of witnesses, 
informants and law enforcement personnel will not be endangered, the 
privacy of third parties will not be violated; and that the disclosure 
would not otherwise impede effective law enforcement. Whenever 
possible, information of the above nature will be deleted from the 
requested documents and the balance made available. The controlling 
principle behind this limited access is to allow disclosures except 
those indicated above. The decisions to release information from these 
systems will be made on a case-by-case basis.
    (2) System identifier and name: QNRO-10, Inspector General 
Investigative Files.
    (i) Exemption: 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 principle function any activity 
pertaining to the enforcement of criminal laws. Any portion of this 
system which falls within the provisions of 5 U.S.C. 552a(j)(2) may be 
exempt from the following subsections of 5 U.S.C. 552a (c)(3), (c)(4), 
(d), (e)(1), (e)(2), (e)(3), (e)(4)(G), (H), and (I), (e)(5), (e)(8), 
(f), and (g).
    (ii) Authority: 5 U.S.C. 552a(j)(2).
    (iii) Reasons: (A) From subsection (c)(3) because the release of 
accounting of disclosure would inform a subject that he or she is under 
investigation. This information would provide considerable advantage to 
the subject in providing him or her with knowledge concerning the 
nature of the investigation and the coordinated investigative efforts 
and techniques employed by the cooperating agencies. This would greatly 
impede the NRO IG's criminal law enforcement.
    (B) From subsection (c)(4) and (d), because notification would 
alert a subject to the fact that an open investigation on that 
individual is taking place, and might weaken the on-going 
investigation, reveal investigative techniques, and place confidential 
informants in jeopardy.
    (C) 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, due to NRO IG's close 
liaison and working relationships with other Federal, state, local and 
foreign country law enforcement agencies, 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, which may relate to the jurisdiction of other 
cooperating agencies.
    (D) From subsection (e)(2) because collecting information to the 
fullest extent possible directly from the subject individual may or may 
not be practical in a criminal and/or civil investigation.
    (E) From subsection (e)(3) because supplying an individual with a 
form containing a Privacy Act Statement would tend to inhibit 
cooperation by many individuals involved in a criminal and/or civil 
investigation. The effect would be somewhat adverse to established 
investigative methods and techniques.
    (F) From subsection (e)(4) (G) through (I) because this system of 
records is exempt from the access provisions of subsection (d).
    (G) 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.
    (H) From subsection (e)(8) because the notice requirements of this 
provision could present a serious impediment to law enforcement by 
revealing investigative techniques, procedures, and existence of 
confidential investigations.
    (I) From subsection (f) because the agency's rules are inapplicable 
to those portions of the system that are exempt and would place the 
burden on the agency of either confirming or denying the existence of a 
record pertaining to a requesting individual might in itself provide an 
answer to that individual relating to an on-going investigation. The 
conduct of a successful investigation leading to the indictment of a 
criminal offender precludes the applicability of established agency 
rules relating to verification of record, disclosure of the record to 
that individual, and record amendment procedures for this record 
system.
    (J) From subsection (g) because this system of records should be 
exempt to the extent that the civil remedies relate to provisions of 5 
U.S.C. 552a from which this rule exempts the system.
    (iv) Exemption: (A) Investigative material compiled for law 
enforcement purposes, other than material within the scope of 
subsection (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 this system of records may be exempt 
pursuant to 5 U.S.C. 552a(k)(2) and/or (k)(5) from the following 
subsections of 5 U.S.C. 552a(c)(3), (d), (e)(1), (e)(4)(G), (H) and 
(I), and (f).
    (v) Authority: 5 U.S.C. 552a(k)(2) and (k)(5).
    (vi) Reasons: (A) From subsection (c)(3) because to grant access to 
the accounting for each disclosure as required by the Privacy Act, 
including the date, nature, and purpose of each disclosure and the 
identity of the recipient, could alert the subject to the existence of 
the investigation or prosecutable interest by the NRO or other 
agencies. This could seriously compromise case preparation by 
prematurely revealing its existence and nature; compromise or interfere 
with witnesses or make witnesses reluctant to cooperate; and lead to 
suppression, alteration, or destruction of evidence.
    (B) From subsections (d) and (f) because providing access to 
investigative records and the right to contest the contents of those 
records and force changes to be made to the information contained 
therein would

[[Page 46599]]

seriously interfere with and thwart the orderly and unbiased conduct of 
the investigation and impede case preparation. Providing access rights 
normally afforded under the Privacy Act would provide the subject with 
valuable information that would allow interference with or compromise 
of witnesses or render witnesses reluctant to cooperate; lead to 
suppression, alteration, or destruction of evidence; enable individuals 
to conceal their wrongdoing or mislead the course of the investigation; 
and result in the secreting of or other disposition of assets that 
would make them difficult or impossible to reach in order to satisfy 
any Government claim growing out of the investigation or proceeding.
    (C) From subsection (e)(1) because it is not always possible to 
detect the relevance or necessity of each piece of information in the 
early stages of an investigation. In some cases, it is only after the 
information is evaluated in light of other evidence that its relevance 
and necessity will be clear.
    (D) From subsections (e)(4)(G) and (H) because this system of 
records is compiled for investigative purposes and is exempt from the 
access provisions of subsections (d) and (f).
    (E) From subsection (e)(4)(I) because to the extent that this 
provision is construed to require more detailed disclosure than the 
broad, generic information currently published in the system notice, an 
exemption from this provision is necessary to protect the 
confidentiality of sources of information and to protect privacy and 
physical safety of witnesses and informants. NRO will, nevertheless, 
continue to publish such a notice in broad generic terms as is its 
current practice.
    (F) Consistent with the legislative purpose of the Privacy Act of 
1974, the NRO will grant access to nonexempt material in the records 
being maintained. Disclosure will be governed by NRO's Privacy 
Regulation, but will be limited to the extent that the identity of 
confidential sources will not be compromised; subjects of an 
investigation of an actual or potential criminal or civil violation 
will not be alerted to the investigation; the physical safety of 
witnesses, informants and law enforcement personnel will not be 
endangered, the privacy of third parties will not be violated; and that 
the disclosure would not otherwise impede effective law enforcement. 
Whenever possible, information of the above nature will be deleted from 
the requested documents and the balance made available. The controlling 
principle behind this limited access is to allow disclosures except 
those indicated above. The decisions to release information from these 
systems will be made on a case-by-case basis.
    (4) System identifier and name: QNRO-15, Facility Security Files.
    (i) Exemption: (A) Investigative 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) 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 this system of records may be exempt 
pursuant to 5 U.S.C. 552a(k)(2) and/or (k)(5) from the following 
subsections of 5 U.S.C. 552a(c)(3), (d), (e)(1), (e)(4)(G), (H) and 
(I), and (f).
    (ii) Authority: 5 U.S.C. 552a(k)(2) and (k)(5).
    (iii) Reasons: (A) From subsection (c)(3) because to grant access 
to the accounting for each disclosure as required by the Privacy Act, 
including the date, nature, and purpose of each disclosure and the 
identity of the recipient, could alert the subject to the existence of 
the investigation or prosecutable interest by the NRO or other 
agencies. This could seriously compromise case preparation by 
prematurely revealing its existence and nature; compromise or interfere 
with witnesses or make witnesses reluctant to cooperate; and lead to 
suppression, alteration, or destruction of evidence.
    (B) From subsections (d)(1) through (d)(4), and (f) because 
providing access to investigative records and the right to contest the 
contents of those records and force changes to be made to the 
information contained therein would seriously interfere with and thwart 
the orderly and unbiased conduct of the investigation and impede case 
preparation. Providing access rights normally afforded under the 
Privacy Act would provide the subject with valuable information that 
would allow interference with or compromise of witnesses or render 
witnesses reluctant to cooperate; lead to suppression, alteration, or 
destruction of evidence; wrongdoing or mislead the course of the 
investigation; and result in the secreting of or other disposition of 
assets that would make them difficult or impossible to reach in order 
to satisfy any Government claim growing out of the investigation or 
proceeding.
    (C) From subsection (e)(1) because it is not always possible to 
detect the relevance or necessity of each piece of information in the 
early stages of an investigation. In some cases, it is only after the 
information is evaluated in light of other evidence that its relevance 
and necessity will be clear.
    (D) From subsections (e)(4)(G) and (H) because this system of 
records is compiled for investigative purposes and is exempt from the 
access provisions of subsections (d) and (f).
    (E) From subsection (e)(4)(I) because to the extent that this 
provision is construed to require more detailed disclosure than the 
broad, generic information currently published in the system notice, an 
exemption from this provision is necessary to protect the 
confidentiality of sources of information and to protect privacy and 
physical safety of witnesses and informants. NRO will, nevertheless, 
continue to publish such a notice in broad generic terms as is its 
current practice.
    (F) Consistent with the legislative purpose of the Privacy Act of 
1974, the NRO will grant access to nonexempt material in the records 
being maintained. Disclosure will be governed by NRO's Privacy 
Regulation, but will be limited to the extent that the identity of 
confidential sources will not be compromised; subjects of an 
investigation of an actual or potential criminal or civil violation 
will not be alerted to the investigation; the physical safety of 
witnesses, informants and law enforcement personnel will not be 
endangered; the privacy of third parties will not be violated; and that 
the disclosure would not otherwise impede effective law enforcement. 
Whenever possible, information of the above nature will be deleted from 
the requested documents and the balance made available. The controlling 
principle behind this limited access is to allow disclosures except 
those indicated above. The decisions to release information from these 
systems will be made on a case-by-case basis.
    (5) System identifier and name: QNRO-19, Customer Security Services 
Personnel Security Files.
    (i) Exemption: (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,

[[Page 46600]]

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/or (k)(5) from the following 
subsections of 5 U.S.C. 552a(c)(3), (d), (e)(1), (e)(4)(G), (H) and 
(I), and (f).
    (ii) Authority: 5 U.S.C. 552a(k)(2) and (k)(5).
    (iii) Reasons: (A) From subsection (c)(3) because to grant access 
to the accounting for each disclosure as required by the Privacy Act, 
including the date, nature, and purpose of each disclosure and the 
identity of the recipient, could alert the subject to the existence of 
the investigation or prosecutable interest by the NRO or other 
agencies. This could seriously compromise case preparation by 
prematurely revealing its existence and nature; compromise or interfere 
with witnesses or make witnesses reluctant to cooperate; and lead to 
suppression, alteration, or destruction of evidence.
    (B) From subsections (d)(1) through (d)(4), and (f) because 
providing access to investigatory records and the right to contest the 
contents of those records and force changes to be made to the 
information contained therein would seriously interfere with and thwart 
the orderly and unbiased conduct of the investigation and impede case 
preparation. Providing access rights normally afforded under the 
Privacy Act would provide the subject with valuable information that 
would allow interference with or compromise of witnesses or render 
witnesses reluctant to cooperate; lead to suppression, alteration, or 
destruction of evidence; enable individuals to conceal their wrongdoing 
or mislead the course of the investigation; and result in the secreting 
of or other disposition of assets that would make them difficult or 
impossible to reach in order to satisfy any Government claim growing 
out of the investigation or proceeding.
    (C) From subsection (e)(1) because it is not always possible to 
detect the relevance or necessity of each piece of information in the 
early stages of an investigation. In some cases, it is only after the 
information is evaluated in light of other evidence that its relevance 
and necessity will be clear.
    (D) From subsections (e)(4)(G) and (H) because this system of 
records is compiled for investigatory purposes and is exempt from the 
access provisions of subsections (d) and (f).
    (E) From subsection (e)(4)(I) because to the extent that this 
provision is construed to require more detailed disclosure than the 
broad, generic information currently published in the system notice, an 
exemption from this provision is necessary to protect the 
confidentiality of sources of information and to protect privacy and 
physical safety of witnesses and informants. NRO will, nevertheless, 
continue to publish such a notice in broad generic terms as is its 
current practice.
    (F) Consistent with the legislative purpose of the Privacy Act of 
1974, the NRO will grant access to nonexempt material in the records 
being maintained. Disclosure will be governed by NRO's Privacy 
Regulation, but will be limited to the extent that the identity of 
confidential sources will not be compromised; subjects of an 
investigation of an actual or potential criminal or civil violation 
will not be alerted to the investigation; the physical safety of 
witnesses, informants and law enforcement personnel will not be 
endangered; the privacy of third parties will not be violated; and that 
the disclosure would not otherwise impede effective law enforcement. 
Whenever possible, information of the above nature will be deleted from 
the requested documents and the balance made available. The controlling 
principle behind this limited access is to allow disclosures except 
those indicated in this paragraph. The decisions to release information 
from these systems will be made on a case-by-case basis.
    (6) System identifier and name: NRO-21, Personnel Security Files.
    (i) Exemption: (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) 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/or (k)(5) from the following 
subsections of 5 U.S.C. 552a(c)(3), (d), (e)(1), (e)(4)(G), (H) and 
(I), and (f).
    (ii) Authority: 5 U.S.C. 552a(k)(2) and (k)(5).
    (iii) Reasons: (A) From subsection (c)(3) because to grant access 
to the accounting for each disclosure as required by the Privacy Act, 
including the date, nature, and purpose of each disclosure and the 
identity of the recipient, could alert the subject to the existence of 
the investigation or prosecutable interest by the NRO or other 
agencies. This could seriously compromise case preparation by 
prematurely revealing its existence and nature; compromise or interfere 
with witnesses or make witnesses reluctant to cooperate; and lead to 
suppression, alteration, or destruction of evidence.
    (B) From subsections (d)(1) through (d)(4), and (f) because 
providing access to records of a civil or administrative investigation 
and the right to contest the contents of those records and force 
changes to be made to the information contained therein would seriously 
interfere with and thwart the orderly and unbiased conduct of the 
investigation and impede case preparation. Providing access rights 
normally afforded under the Privacy Act would provide the subject with 
valuable information that would allow interference with or compromise 
of witnesses or render witnesses reluctant to cooperate; lead to 
suppression, alteration, or destruction of evidence; enable individuals 
to conceal their wrongdoing or mislead the course of the investigation; 
and result in the secreting of or other disposition of assets that 
would make them difficult or impossible to reach in order to satisfy 
any Government claim growing out of the investigation or proceeding.
    (C) From subsection (e)(1) because it is not always possible to 
detect the relevance or necessity of each piece of information in the 
early stages of an investigation. In some cases, it is only after the 
information is evaluated in

[[Page 46601]]

light of other evidence that its relevance and necessity will be clear.
    (D) From subsections (e)(4)(G) and (H) because this system of 
records is compiled for law enforcement purposes and is exempt from the 
access provisions of subsections (d) and (f).
    (E) From subsection (e)(4)(I) because to the extent that this 
provision is construed to require more detailed disclosure than the 
broad, generic information currently published in the system notice, an 
exemption from this provision is necessary to protect the 
confidentiality of sources of information and to protect privacy and 
physical safety of witnesses and informants. NRO will, nevertheless, 
continue to publish such a notice in broad generic terms as is its 
current practice.
    (F) Consistent with the legislative purpose of the Privacy Act of 
1974, the NRO will grant access to nonexempt material in the records 
being maintained. Disclosure will be governed by NRO's Privacy 
Regulation, but will be limited to the extent that the identity of 
confidential sources will not be compromised; subjects of an 
investigation of an actual or potential criminal violation will not be 
alerted to the investigation; the physical safety of witnesses, 
informants and law enforcement personnel will not be endangered; the 
privacy of third parties will not be violated; and that the disclosure 
would not otherwise impede effective law enforcement. Whenever 
possible, information of the above nature will be deleted from the 
requested documents and the balance made available. The controlling 
principle behind this limited access is to allow disclosures except 
those indicated above. The decisions to release information from these 
systems will be made on a case-by-case basis.
    (7) System identifier and name: QNRO-4, Freedom of Information Act 
and Privacy Act Files.
    (i) Exemption: During the processing of a Freedom of Information 
Act/Privacy Act request, 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 NRO hereby claims the same 
exemptions for the records from those ``other'' systems that are 
entered into this system, as claimed for the original primary system of 
which they are a part.
    (ii) Authority: 5 U.S.C. 552a(j)(2), (k)(1), (k)(2), (k)(3), 
(k)(4), (k)(5), (k)(6), and (k)(7). (4) 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 the President and others are not compromised, 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 are exempt from specific 
provisions of 5 U.S.C. 552a.
    (8) System identifier and name: QNRO-27, Legal Records.
    (i) Exemption: Any portion of this system of records which falls 
within the provisions of 5 U.S.C. 552a(k)(2) and (k)(5) may be exempt 
from the following subsections of 5 U.S.C. 552a(c)(3), (d), (e)(1), 
(e)(4)(G), (H), and (I), and (f).
    (ii) Authority: 5 U.S.C. 552a (k)(2) and (k)(5).
    (iii) Reasons: (A) From subsection (c)(3) because to grant access 
to the accounting for each disclosure as required by the Privacy Act, 
including the date, nature, and purpose of each disclosure and the 
identity of the recipient, could alert the subject to the existence of 
the investigation. This could seriously compromise case preparation by 
prematurely revealing its existence and nature; compromise or interfere 
with witnesses or make witnesses reluctant to cooperate; and lead to 
suppression, alteration, or destruction of evidence.
    (B) From subsections (d) and (f) because providing access to 
investigative records and the right to contest the contents of those 
records and force changes to be made to the information contained 
therein would seriously interfere with and thwart the orderly and 
unbiased conduct of the investigation and impede case preparation. 
Providing access rights normally afforded under the Privacy Act would 
provide the subject with valuable information that would allow 
interference with or compromise of witnesses or render witnesses 
reluctant to cooperate; lead to suppression, alteration, or destruction 
of evidence; enable individuals to conceal their wrongdoing or mislead 
the course of the investigation; and result in the secreting of or 
other disposition of assets that would make them difficult or 
impossible to reach in order to satisfy any Government claim growing 
out of the investigation or proceeding.
    (C) From subsection (e)(1) because it is not always possible to 
detect the relevance or necessity of each piece of information in the 
early stages of an investigation. In some cases, it is only after the 
information is evaluated in light of other evidence that its relevance 
and necessity will be clear.
    (D) From subsections (e)(4)(G) and (H) because this system of 
records is compiled for investigative purposes and is exempt from the 
access provisions of subsections (d) and (f).
    (E) From subsection (e)(4)(I) because to the extent that this 
provision is construed to require more detailed disclosure than the 
broad, generic information currently published in the system notice, an 
exemption from this provision is necessary to protect the 
confidentiality of sources of information and to protect privacy and 
physical safety of witnesses and informants.


Sec.  310.27  National Security Agency (NSA) exemptions.

    (a) General exemption. The general exemption established by 5 
U.S.C. 552a(j)(2) may be claimed to protect investigative records 
created and maintained by law enforcement activities of the NSA.
    (b) Specific exemptions. The specific exemptions permit certain 
categories of records to be exempt from certain specific provisions of 
the Privacy Act.
    (1) (k)(1) exemption. Information properly classified under 
Executive Order 12958 and that is required by Executive Order to be 
kept secret in the interest of national defense or foreign policy.
    (2) (k)(2) exemption. Investigatory information compiled for law-
enforcement purposes by non-law enforcement activities and which is not 
within the scope of Sec.  310.51(a). If an individual is denied any 
right, privilege or benefit that he or she is otherwise entitled by 
federal law or for which he or she would otherwise be eligible as a 
result of the maintenance of the information, the individual will be 
provided access to the information except to the extent that disclosure 
would reveal the identity of a confidential source. This subsection 
when claimed allows limited protection of investigative reports 
maintained in a system of records used in personnel or administrative 
actions.
    (3) (k)(3) exemption. Records maintained in connection with 
providing protective services to the

[[Page 46602]]

President and other individuals identified under 18 U.S.C. 3506.
    (4) (k)(4) exemption. 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.
    (5) (k)(5) 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, but only to the extent such 
material would reveal the identity of a confidential source. This 
provision allows protection of confidential sources used in background 
investigations, employment inquiries, and similar inquiries that are 
for personnel screening to determine suitability, eligibility, or 
qualifications.
    (6) (k)(6) exemption. Testing or examination material used solely 
to determine individual qualifications for appointment or promotion in 
the federal or military service, if the disclosure would compromise the 
objectivity or fairness of the test or examination process.
    (7) (k)(7) exemption. Evaluation material used to determine 
potential for promotion in the Military Services, but only to the 
extent that the disclosure of such material would reveal the identity 
of a confidential source.
    (c) All systems of records maintained by the NSA/CSS and its 
components shall be exempt from the requirements of 5 U.S.C. 552a(d) 
pursuant to 5 U.S.C. 552a(k)(1) to the extent that the system contains 
any information properly classified under Executive Order 12958 and 
that is required by Executive Order to be kept secret in the interest 
of national defense or foreign policy. This exemption is applicable to 
parts of all systems of records including those not otherwise 
specifically designated for exemptions herein, which contain isolated 
items of properly classified information.
    (1) System identifier and name: GNSA 01, Access, Authority and 
Release of Information File.
    (i) 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) Therefore, portions of this system may be exempt pursuant to 5 
U.S.C. 552a(k)(5) from the following subsections of 5 U.S.C. 
552a(c)(3), (d), and (e)(1).
    (ii) Authority: 5 U.S.C. 552a(k)(5).
    (iii) Reasons: (A) From subsection (c)(3) and (d) when access to 
accounting disclosures and access to or amendment of records would 
cause the identity of a confidential source to be revealed. Disclosure 
of the source's identity not only will result in the Department 
breaching the promise of confidentiality made to the source but it will 
impair the Department's future ability to compile investigatory 
material for the purpose of determining suitability, eligibility, or 
qualifications for Federal civilian employment, Federal contracts, or 
access to classified information. Unless sources can be assured that a 
promise of confidentiality will be honored, they will be less likely to 
provide information considered essential to the Department in making 
the required determinations.
    (B) From (e)(1) because in the collection of information for 
investigatory purposes, it is not always possible to determine the 
relevance and necessity of particular information in the early stages 
of the investigation. In some cases, it is only after the information 
is evaluated in light of other information that its relevance and 
necessity becomes clear. Such information permits more informed 
decision-making by the Department when making required suitability, 
eligibility, and qualification determinations.
    (2) System identifier and name: GNSA 02, Applicants.
    (i) 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) Therefore, portions of this system may be exempt pursuant to 5 
U.S.C. 552a(k)(5) from the following subsections of 5 U.S.C. 
552a(c)(3), (d), and (e)(1).
    (ii) Authority: 5 U.S.C. 552a(k)(5).
    (iii) Reasons: (A) From subsection (c)(3) and (d) when access to 
accounting disclosures and access to or amendment of records would 
cause the identity of a confidential source to be revealed. Disclosure 
of the source's identity not only will result in the Department 
breaching the promise of confidentiality made to the source but it will 
impair the Department's future ability to compile investigatory 
material for the purpose of determining suitability, eligibility, or 
qualifications for Federal civilian employment, Federal contracts, or 
access to classified information. Unless sources can be assured that a 
promise of confidentiality will be honored, they will be less likely to 
provide information considered essential to the Department in making 
the required determinations.
    (B) From (e)(1) because in the collection of information for 
investigatory purposes, it is not always possible to determine the 
relevance and necessity of particular information in the early stages 
of the investigation. In some cases, it is only after the information 
is evaluated in light of other information that its relevance and 
necessity becomes clear. Such information permits more informed 
decision-making by the Department when making required suitability, 
eligibility, and qualification determinations.
    (3) System identifier and name: GNSA 03, Correspondence, Cases, 
Complaints, Visitors, Requests.
    (i) 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 the information, the individual will be provided access 
to the information exempt to the extent that disclosure would reveal 
the identity of a confidential source.

    Note to paragraph (3)(i)(A): When claimed, this exemption allows 
limited protection of investigative reports maintained in a system 
of records used in personnel or administrative actions.

    (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) 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.

[[Page 46603]]

    (D) All portions of this system of records which fall within the 
scope of 5 U.S.C. 552a(k)(2), (k)(4), and (k)(5) may be exempt from the 
provisions of 5 U.S.C. 552a(c)(3), (d), (e)(1), (e)(4)(G), (e)(4)(H), 
(e)(4)(I) and (f).
    (ii) Authority: 5 U.S.C. 552a(k)(2), (k)(4), and (k)(5).
    (iii) Reasons: (A) From subsection (c)(3) because the release of 
the disclosure accounting would place the subject of an investigation 
on notice that they are under investigation and provide them with 
significant information concerning the nature of the investigation, 
thus resulting in a serious impediment to law enforcement 
investigations.
    (B) From subsections (d) and (f) because providing access to 
records of a civil or administrative investigation and the right to 
contest the contents of those records and force changes to be made to 
the information contained therein would seriously interfere with and 
thwart the orderly and unbiased conduct of the investigation and impede 
case preparation. Providing access rights normally afforded under the 
Privacy Act would provide the subject with valuable information that 
would allow interference with or compromise of witnesses or render 
witnesses reluctant to cooperate; lead to suppression, alteration, or 
destruction of evidence; enable individuals to conceal their wrongdoing 
or mislead the course of the investigation; and result in the secreting 
of or other disposition of assets that would make them difficult or 
impossible to reach in order to satisfy any Government claim growing 
out of the investigation or proceeding.
    (C) From subsection (e)(1) because it is not always possible to 
detect the relevance or necessity of each piece of information in the 
early stages of an investigation. In some cases, it is only after the 
information is evaluated in light of other evidence that its relevance 
and necessity will be clear.
    (D) From subsections (e)(4)(G) and (H) because there is no 
necessity for such publication since the system of records will be 
exempt from the underlying duties to provide notification about and 
access to information in the system and to make amendments to and 
corrections of the information in the system.
    (E) From subsection (e)(4)(I) because to the extent that this 
provision is construed to require more detailed disclosure than the 
broad, generic information currently published in the system notice, an 
exemption from this provision is necessary to protect the 
confidentiality of sources of information and to protect privacy and 
physical safety of witnesses and informants. NSA will, nevertheless, 
continue to publish such a notice in broad generic terms, as is its 
current practice.
    (4) System identifier and name: GNSA 04, Military Reserve Personnel 
Data Base.
    (i) 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) Therefore, portions of this system may be exempt pursuant to 5 
U.S.C. 552a(k)(5) from the following subsections of 5 U.S.C. 
552a(c)(3), (d), and (e)(1).
    (ii) Authority: 5 U.S.C. 552a(k)(5).
    (iii) Reasons: (A) From subsection (c)(3) and (d) when access to 
accounting disclosures and access to or amendment of records would 
cause the identity of a confidential source to be revealed. Disclosure 
of the source's identity not only will result in the Department 
breaching the promise of confidentiality made to the source but it will 
impair the Department's future ability to compile investigatory 
material for the purpose of determining suitability, eligibility, or 
qualifications for Federal civilian employment, Federal contracts, or 
access to classified information. Unless sources can be assured that a 
promise of confidentiality will be honored, they will be less likely to 
provide information considered essential to the Department in making 
the required determinations.
    (B) From (e)(1) because in the collection of information for 
investigatory purposes, it is not always possible to determine the 
relevance and necessity of particular information in the early stages 
of the investigation. In some cases, it is only after the information 
is evaluated in light of other information that its relevance and 
necessity becomes clear. Such information permits more informed 
decision-making by the Department when making required suitability, 
eligibility, and qualification determinations.
    (5) System identifier and name: GNSA 05, Equal Employment 
Opportunity Data.
    (i) 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 the information, the individual will be provided access 
to the information exempt to the extent that disclosure would reveal 
the identity of a confidential source.

    Note to paragraph (5)(i)(A):  When claimed, this exemption 
allows limited protection of investigative reports maintained in a 
system of records used in personnel or administrative actions.

    (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) All portions of this system of records which fall within the 
scope of 5 U.S.C. 552a(k)(2) and (k)(4) may be exempt from the 
provisions of 5 U.S.C. 552a(c)(3), (d), (e)(1), (e)(4)(G), (e)(4)(H), 
(e)(4)(I) and (f).
    (ii) Authority: 5 U.S.C. 552a(k)(2) and (k)(4).
    (iii) Reasons: (A) From subsection (c)(3) because the release of 
the disclosure accounting would place the subject of an investigation 
on notice that they are under investigation and provide them with 
significant information concerning the nature of the investigation, 
thus resulting in a serious impediment to law enforcement 
investigations.
    (B) From subsections (d) and (f) because providing access to 
records of a civil or administrative investigation and the right to 
contest the contents of those records and force changes to be made to 
the information contained therein would seriously interfere with and 
thwart the orderly and unbiased conduct of the investigation and impede 
case preparation. Providing access rights normally afforded under the 
Privacy Act would provide the subject with valuable information that 
would allow interference with or compromise of witnesses or render 
witnesses reluctant to cooperate; lead to suppression, alteration, or 
destruction of evidence; enable individuals to conceal their wrongdoing 
or mislead the course of the investigation; and result in the secreting 
of or other disposition of assets that would make them difficult or 
impossible to reach in order to satisfy any Government claim growing 
out of the investigation or proceeding.
    (C) From subsection (e)(1) because it is not always possible to 
detect the relevance or necessity of each piece of information in the 
early stages of an investigation. In some cases, it is only

[[Page 46604]]

after the information is evaluated in light of other evidence that its 
relevance and necessity will be clear.
    (D) From subsections (e)(4)(G) and (H) because there is no 
necessity for such publication since the system of records will be 
exempt from the underlying duties to provide notification about and 
access to information in the system and to make amendments to and 
corrections of the information in the system.
    (E) From subsection (e)(4)(I) because to the extent that this 
provision is construed to require more detailed disclosure than the 
broad, generic information currently published in the system notice, an 
exemption from this provision is necessary to protect the 
confidentiality of sources of information and to protect privacy and 
physical safety of witnesses and informants. NSA will, nevertheless, 
continue to publish such a notice in broad generic terms, as is its 
current practice.
    (6) System identifier and name: GNSA 06, Health, Medical and Safety 
Files.
    (i) 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) All portions of this system of records which fall within the 
scope of 5 U.S.C. 552a(k)(5) and (k)(6) may be exempt from the 
provisions of 5 U.S.C. 552a(c)(3), (d), (e)(1), (e)(4)(G), (e)(4)(H), 
(e)(4)(I) and (f).
    (ii) Authority: 5 U.S.C. 552a(k)(5) and (k)(6).
    (iii) Reasons: (A) From subsection (c)(3) because the release of 
the disclosure accounting would place the subject of an investigation 
on notice that they are under investigation and provide them with 
significant information concerning the nature of the investigation, 
thus resulting in a serious impediment to law enforcement 
investigations.
    (B) From subsections (d) and (f) because providing access to 
records of a civil or administrative investigation and the right to 
contest the contents of those records and force changes to be made to 
the information contained therein would seriously interfere with and 
thwart the orderly and unbiased conduct of the investigation and impede 
case preparation. Providing access rights normally afforded under the 
Privacy Act would provide the subject with valuable information that 
would allow interference with or compromise of witnesses or render 
witnesses reluctant to cooperate; lead to suppression, alteration, or 
destruction of evidence; enable individuals to conceal their wrongdoing 
or mislead the course of the investigation; and result in the secreting 
of or other disposition of assets that would make them difficult or 
impossible to reach in order to satisfy any Government claim growing 
out of the investigation or proceeding.
    (C) From subsection (e)(1) because it is not always possible to 
detect the relevance or necessity of each piece of information in the 
early stages of an investigation. In some cases, it is only after the 
information is evaluated in light of other evidence that its relevance 
and necessity will be clear.
    (D) From subsections (e)(4)(G) and (H) because there is no 
necessity for such publication since the system of records will be 
exempt from the underlying duties to provide notification about and 
access to information in the system and to make amendments to and 
corrections of the information in the system.
    (E) From subsection (e)(4)(I) because to the extent that this 
provision is construed to require more detailed disclosure than the 
broad, generic information currently published in the system notice, an 
exemption from this provision is necessary to protect the 
confidentiality of sources of information and to protect privacy and 
physical safety of witnesses and informants. NSA will, nevertheless, 
continue to publish such a notice in broad generic terms, as is its 
current practice.
    (7) System identifier and name: GNSA 08, Payroll and Claims.
    (i) 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 the information, the individual will be provided access 
to the information exempt to the extent that disclosure would reveal 
the identity of a confidential source.

    Note to paragraph (7)(i)(A): When claimed, this exemption allows 
limited protection of investigative reports maintained in a system 
of records used in personnel or administrative actions.

    (B) All portions of this system of records which fall within the 
scope of 5 U.S.C. 552a(k)(2) may be exempt from the provisions of 5 
U.S.C. 552a(c)(3), (d), (e)(1), (e)(4)(G), (e)(4)(H), (e)(4)(I) and 
(f).
    (ii) Authority: 5 U.S.C. 552a(k)(2).
    (iii) Reasons: (A) From subsection (c)(3) because the release of 
the disclosure accounting would place the subject of an investigation 
on notice that they are under investigation and provide them with 
significant information concerning the nature of the investigation, 
thus resulting in a serious impediment to law enforcement 
investigations.
    (B) From subsections (d) and (f) because providing access to 
records of a civil or administrative investigation and the right to 
contest the contents of those records and force changes to be made to 
the information contained therein would seriously interfere with and 
thwart the orderly and unbiased conduct of the investigation and impede 
case preparation. Providing access rights normally afforded under the 
Privacy Act would provide the subject with valuable information that 
would allow interference with or compromise of witnesses or render 
witnesses reluctant to cooperate; lead to suppression, alteration, or 
destruction of evidence; enable individuals to conceal their wrongdoing 
or mislead the course of the investigation; and result in the secreting 
of or other disposition of assets that would make them difficult or 
impossible to reach in order to satisfy any Government claim growing 
out of the investigation or proceeding.
    (C) From subsection (e)(1) because it is not always possible to 
detect the relevance or necessity of each piece of information in the 
early stages of an investigation. In some cases, it is only after the 
information is evaluated in light of other evidence that its relevance 
and necessity will be clear.
    (D) From subsections (e)(4)(G) and (H) because there is no 
necessity for such publication since the system of records will be 
exempt from the underlying duties to provide notification about and 
access to information in the system and to make amendments to and 
corrections of the information in the system.
    (E) From subsection (e)(4)(I) because to the extent that this 
provision is construed to require more detailed disclosure than the 
broad, generic information currently published in the system notice, an 
exemption from this provision is necessary to protect the 
confidentiality of sources of information and to protect privacy and 
physical safety of witnesses and informants. NSA will, nevertheless, 
continue to publish

[[Page 46605]]

such a notice in broad generic terms, as is its current practice.
    (8) System identifier and name: GNSA 09, Personnel File.
    (i) 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) All portions of this system of records which fall within the 
scope of 5 U.S.C. 552a(k)(5) and (k)(6) may be exempt from the 
provisions of 5 U.S.C. 552a(c)(3), (d), (e)(1), (e)(4)(G), (e)(4)(H), 
(e)(4)(I) and (f).
    (ii) Authority: 5 U.S.C. 552a(k)(5) and (k)(6).
    (iii) Reasons: (A) From subsection (c)(3) because the release of 
the disclosure accounting would place the subject of an investigation 
on notice that they are under investigation and provide them with 
significant information concerning the nature of the investigation, 
thus resulting in a serious impediment to law enforcement 
investigations.
    (B) From subsections (d) and (f) because providing access to 
records of a civil or administrative investigation and the right to 
contest the contents of those records and force changes to be made to 
the information contained therein would seriously interfere with and 
thwart the orderly and unbiased conduct of the investigation and impede 
case preparation. Providing access rights normally afforded under the 
Privacy Act would provide the subject with valuable information that 
would allow interference with or compromise of witnesses or render 
witnesses reluctant to cooperate; lead to suppression, alteration, or 
destruction of evidence; enable individuals to conceal their wrongdoing 
or mislead the course of the investigation; and result in the secreting 
of or other disposition of assets that would make them difficult or 
impossible to reach in order to satisfy any Government claim growing 
out of the investigation or proceeding.
    (C) From subsection (e)(1) because it is not always possible to 
detect the relevance or necessity of each piece of information in the 
early stages of an investigation. In some cases, it is only after the 
information is evaluated in light of other evidence that its relevance 
and necessity will be clear.
    (D) From subsections (e)(4)(G) and (H) because there is no 
necessity for such publication since the system of records will be 
exempt from the underlying duties to provide notification about and 
access to information in the system and to make amendments to and 
corrections of the information in the system.
    (E) From subsection (e)(4)(I) because to the extent that this 
provision is construed to require more detailed disclosure than the 
broad, generic information currently published in the system notice, an 
exemption from this provision is necessary to protect the 
confidentiality of sources of information and to protect privacy and 
physical safety of witnesses and informants. NSA will, nevertheless, 
continue to publish such a notice in broad generic terms, as is its 
current practice.
    (9) System identifier and name: GNSA 10, Personnel Security File.
    (i) 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 the information, the individual will be provided access 
to the information exempt to the extent that disclosure would reveal 
the identity of a confidential source.

    Note to paragraph (9)(i)(A): When claimed, this exemption allows 
limited protection of investigative reports maintained in a system 
of records used in personnel or administrative actions.

    (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) 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.
    (D) All portions of this system of records which fall within the 
scope of 5 U.S.C. 552a(k)(2), (k)(5), and (k)(6) may be exempt from the 
provisions of 5 U.S.C. 552a(c)(3), (d), (e)(1), (e)(4)(G), (e)(4)(H), 
(e)(4)(I) and (f).
    (ii) Authority: 5 U.S.C. 552a(k)(2), (k)(5), and (k)(6).
    (iii) Reasons: (A) From subsection (c)(3) because the release of 
the disclosure accounting would place the subject of an investigation 
on notice that they are under investigation and provide them with 
significant information concerning the nature of the investigation, 
thus resulting in a serious impediment to law enforcement 
investigations.
    (B) From subsections (d) and (f) because providing access to 
records of a civil or administrative investigation and the right to 
contest the contents of those records and force changes to be made to 
the information contained therein would seriously interfere with and 
thwart the orderly and unbiased conduct of the investigation and impede 
case preparation. Providing access rights normally afforded under the 
Privacy Act would provide the subject with valuable information that 
would allow interference with or compromise of witnesses or render 
witnesses reluctant to cooperate; lead to suppression, alteration, or 
destruction of evidence; enable individuals to conceal their wrongdoing 
or mislead the course of the investigation; and result in the secreting 
of or other disposition of assets that would make them difficult or 
impossible to reach in order to satisfy any Government claim growing 
out of the investigation or proceeding.
    (C) From subsection (e)(1) because it is not always possible to 
detect the relevance or necessity of each piece of information in the 
early stages of an investigation. In some cases, it is only after the 
information is evaluated in light of other evidence that its relevance 
and necessity will be clear.
    (D) From subsections (e)(4)(G) and (H) because there is no 
necessity for such publication since the system of records will be 
exempt from the underlying duties to provide notification about and 
access to information in the system and to make amendments to and 
corrections of the information in the system.
    (E) From subsection (e)(4)(I) because to the extent that this 
provision is construed to require more detailed disclosure than the 
broad, generic information currently published in the system notice, an 
exemption from this provision is necessary to protect the 
confidentiality of sources of information and to protect privacy and 
physical safety of witnesses and informants. NSA will, nevertheless, 
continue to publish such a notice in broad generic terms, as is its 
current practice.

[[Page 46606]]

    (10) System identifier and name: GNSA 12, Training.
    (i) 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) All portions of this system of records which fall within the 
scope of 5 U.S.C. 552a(k)(5) and (k)(6) may be exempt from the 
provisions of 5 U.S.C. 552a(c)(3), (d), (e)(1), (e)(4)(G), (e)(4)(H), 
(e)(4)(I) and (f).
    (ii) Authority: 5 U.S.C. 552a(k)(5), and (k)(6).
    (iii) Reasons: (A) From subsection (c)(3) because the release of 
the disclosure accounting would place the subject of an investigation 
on notice that they are under investigation and provide them with 
significant information concerning the nature of the investigation, 
thus resulting in a serious impediment to law enforcement 
investigations.
    (B) From subsections (d) and (f) because providing access to 
records of a civil or administrative investigation and the right to 
contest the contents of those records and force changes to be made to 
the information contained therein would seriously interfere with and 
thwart the orderly and unbiased conduct of the investigation and impede 
case preparation. Providing access rights normally afforded under the 
Privacy Act would provide the subject with valuable information that 
would allow interference with or compromise of witnesses or render 
witnesses reluctant to cooperate; lead to suppression, alteration, or 
destruction of evidence; enable individuals to conceal their wrongdoing 
or mislead the course of the investigation; and result in the secreting 
of or other disposition of assets that would make them difficult or 
impossible to reach in order to satisfy any Government claim growing 
out of the investigation or proceeding.
    (C) From subsection (e)(1) because it is not always possible to 
detect the relevance or necessity of each piece of information in the 
early stages of an investigation. In some cases, it is only after the 
information is evaluated in light of other evidence that its relevance 
and necessity will be clear.
    (D) From subsections (e)(4)(G) and (H) because there is no 
necessity for such publication since the system of records will be 
exempt from the underlying duties to provide notification about and 
access to information in the system and to make amendments to and 
corrections of the information in the system.
    (E) From subsection (e)(4)(I) because to the extent that this 
provision is construed to require more detailed disclosure than the 
broad, generic information currently published in the system notice, an 
exemption from this provision is necessary to protect the 
confidentiality of sources of information and to protect privacy and 
physical safety of witnesses and informants. NSA will, nevertheless, 
continue to publish such a notice in broad generic terms, as is its 
current practice.
    (11) System identifier and name: GNSA 29 (General Exemption), NSA/
CSS Office of Inspector General Investigations and Complaints.
    (i) Exemption: 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 
any 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 the 
information, the individual will be provided access to the information 
except to the extent that disclosure would reveal the identity of a 
confidential source.

    Note to paragraph (11)(i): When claimed, this exemption allows 
limited protection of investigative reports maintained in a system 
of records used in personnel or administrative actions. 
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.

    (ii) Authority: 5 U.S.C. 552a(k)(2) through (k)(5).
    (iii) Reasons: (A) From subsection (c)(3) and (d) when access to 
accounting disclosures and access to or amendment of records would 
cause the identity of a confidential source to be revealed. Disclosure 
of the source's identity not only will result in the Department 
breaching the promise of confidentiality made to the source but it will 
impair the Department's future ability to compile investigatory 
material for the purpose of determining suitability, eligibility, or 
qualifications for Federal civilian employment, Federal contracts, or 
access to classified information. Unless sources can be assured that a 
promise of confidentiality will be honored, they will be less likely to 
provide information considered essential to the Department in making 
the required determinations.
    (B) From (e)(1) because in the collection of information for 
investigatory purposes, it is not always possible to determine the 
relevance and necessity of particular information in the early stages 
of the investigation. In some cases, it is only after the information 
is evaluated in light of other information that its relevance and 
necessity becomes clear. Such information permits more informed 
decision-making by the Department when making required suitability, 
eligibility, and qualification determinations
    (12) System identifier and name: GNSA 14, Library Patron File 
Control System.
    (i) Exemption: (A) 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).
    (B) All portions of this system of records which fall within the 
scope of 5 U.S.C. 552a(k)(4) may be exempt from the provisions of 5 
U.S.C. 552a(c)(3), (d), (e)(1), (e)(4)(G), (e)(4)(H), (e)(4)(I) and 
(f).
    (ii) Authority: 5 U.S.C. 552a(k)(4).
    (iii) Reasons: (A) From subsection (c)(3) because the release of 
the disclosure accounting would place the subject of an investigation 
on notice that they are under investigation and provide them with 
significant information concerning the nature of the investigation, 
thus resulting in a serious impediment to law enforcement 
investigations.
    (B) From subsections (d) and (f) because providing access to 
records of a civil or administrative investigation and the right to 
contest the contents of those records and force changes to be made to 
the information contained therein would seriously interfere with and 
thwart the orderly and unbiased conduct of the investigation and impede 
case preparation. Providing access rights normally afforded under the 
Privacy Act would provide the subject with valuable information that 
would allow interference with or compromise of witnesses or render 
witnesses reluctant to cooperate; lead to suppression,

[[Page 46607]]

alteration, or destruction of evidence; enable individuals to conceal 
their wrongdoing or mislead the course of the investigation; and result 
in the secreting of or other disposition of assets that would make them 
difficult or impossible to reach in order to satisfy any Government 
claim growing out of the investigation or proceeding.
    (C) From subsection (e)(1) because it is not always possible to 
detect the relevance or necessity of each piece of information in the 
early stages of an investigation. In some cases, it is only after the 
information is evaluated in light of other evidence that its relevance 
and necessity will be clear.
    (D) From subsections (e)(4)(G) and (H) because there is no 
necessity for such publication since the system of records will be 
exempt from the underlying duties to provide notification about and 
access to information in the system and to make amendments to and 
corrections of the information in the system.
    (E) From subsection (e)(4)(I) because to the extent that this 
provision is construed to require more detailed disclosure than the 
broad, generic information currently published in the system notice, an 
exemption from this provision is necessary to protect the 
confidentiality of sources of information and to protect privacy and 
physical safety of witnesses and informants. NSA will, nevertheless, 
continue to publish such a notice in broad generic terms, as is its 
current practice.
    (13) System identifier and name: GNSA 15, Computer Users Control 
System.
    (i) 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 the information, the individual will be provided access 
to the information exempt to the extent that disclosure would reveal 
the identity of a confidential source.

    Note to paragraph (13)(i)(A): When claimed, this exemption 
allows limited protection of investigative reports maintained in a 
system of records used in personnel or administrative actions.

    (B) All portions of this system of records which fall within the 
scope of 5 U.S.C. 552a(k)(2) may be exempt from the provisions of 5 
U.S.C. 552a(c)(3), (d), (e)(1), (e)(4)(G), (e)(4)(H), (e)(4)(I) and 
(f).
    (ii) Authority: 5 U.S.C. 552a(k)(2).
    (iii) Reasons: (A) From subsection (c)(3) because the release of 
the disclosure accounting would place the subject of an investigation 
on notice that they are under investigation and provide them with 
significant information concerning the nature of the investigation, 
thus resulting in a serious impediment to law enforcement 
investigations.
    (B) From subsections (d) and (f) because providing access to 
records of a civil or administrative investigation and the right to 
contest the contents of those records and force changes to be made to 
the information contained therein would seriously interfere with and 
thwart the orderly and unbiased conduct of the investigation and impede 
case preparation. Providing access rights normally afforded under the 
Privacy Act would provide the subject with valuable information that 
would allow interference with or compromise of witnesses or render 
witnesses reluctant to cooperate; lead to suppression, alteration, or 
destruction of evidence; enable individuals to conceal their wrongdoing 
or mislead the course of the investigation; and result in the secreting 
of or other disposition of assets that would make them difficult or 
impossible to reach in order to satisfy any Government claim growing 
out of the investigation or proceeding.
    (C) From subsection (e)(1) because it is not always possible to 
detect the relevance or necessity of each piece of information in the 
early stages of an investigation. In some cases, it is only after the 
information is evaluated in light of other evidence that its relevance 
and necessity will be clear.
    (D) From subsections (e)(4)(G) and (H) because there is no 
necessity for such publication since the system of records will be 
exempt from the underlying duties to provide notification about and 
access to information in the system and to make amendments to and 
corrections of the information in the system.
    (E) From subsection (e)(4)(I) because to the extent that this 
provision is construed to require more detailed disclosure than the 
broad, generic information currently published in the system notice, an 
exemption from this provision is necessary to protect the 
confidentiality of sources of information and to protect privacy and 
physical safety of witnesses and informants. NSA will, nevertheless, 
continue to publish such a notice in broad generic terms, as is its 
current practice.
    (14) System identifier and name: GNSA 17, Employee Assistance 
Service (EAS) Case Record System.
    (i) 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 the information, the individual will be provided access 
to the information exempt to the extent that disclosure would reveal 
the identity of a confidential source.

    Note to paragraph (14)(i)(A): When claimed, this exemption 
allows limited protection of investigative reports maintained in a 
system of records used in personnel or administrative actions.

    (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) 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) All portions of this system of records which fall within the 
scope of 5 U.S.C. 552a(k)(2), (k)(4), and (k)(5) may be exempt from the 
provisions of 5 U.S.C. 552a(c)(3), (d), (e)(1), (e)(4)(G), (e)(4)(H), 
(e)(4)(I) and (f).
    (ii) Authority: 5 U.S.C. 552a(k)(2), (k)(4), and (k)(5).
    (iii) Reasons: (A) From subsection (c)(3) because the release of 
the disclosure accounting would place the subject of an investigation 
on notice that they are under investigation and provide them with 
significant information concerning the nature of the investigation, 
thus resulting in a serious impediment to law enforcement 
investigations.
    (B) From subsections (d) and (f) because providing access to 
records of a civil or administrative investigation and the right to 
contest the contents of those records and force changes to be made to 
the information contained therein would seriously interfere with and 
thwart the orderly and unbiased conduct of the investigation and impede 
case preparation. Providing access rights normally afforded under the 
Privacy Act would provide the subject with valuable information that 
would allow interference with or compromise of witnesses or render 
witnesses reluctant to cooperate; lead to suppression,

[[Page 46608]]

alteration, or destruction of evidence; enable individuals to conceal 
their wrongdoing or mislead the course of the investigation; and result 
in the secreting of or other disposition of assets that would make them 
difficult or impossible to reach in order to satisfy any Government 
claim growing out of the investigation or proceeding.
    (C) From subsection (e)(1) because it is not always possible to 
detect the relevance or necessity of each piece of information in the 
early stages of an investigation. In some cases, it is only after the 
information is evaluated in light of other evidence that its relevance 
and necessity will be clear.
    (D) From subsections (e)(4)(G) and (H) because there is no 
necessity for such publication since the system of records will be 
exempt from the underlying duties to provide notification about and 
access to information in the system and to make amendments to and 
corrections of the information in the system.
    (E) From subsection (e)(4)(I) because to the extent that this 
provision is construed to require more detailed disclosure than the 
broad, generic information currently published in the system notice, an 
exemption from this provision is necessary to protect the 
confidentiality of sources of information and to protect privacy and 
physical safety of witnesses and informants. NSA will, nevertheless, 
continue to publish such a notice in broad generic terms, as is its 
current practice.
    (15) System identifier and name: GNSA 18, Operations Files.
    (i) 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 the information, the individual will be provided access 
to the information exempt to the extent that disclosure would reveal 
the identity of a confidential source.

    Note to paragraph (15)(i)(A): When claimed, this exemption 
allows limited protection of investigative reports maintained in a 
system of records used in personnel or administrative actions.

    (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) All portions of this system of records which fall within the 
scope of 5 U.S.C. 552a(k)(2) and (k)(5) may be exempt from the 
provisions of 5 U.S.C. 552a(c)(3), (d), (e)(1), (e)(4)(G), (e)(4)(H), 
(e)(4)(I) and (f).
    (ii) Authority: 5 U.S.C. 552a(k)(2) and (k)(5).
    (iii) Reasons: (A) From subsection (c)(3) because the release of 
the disclosure accounting would place the subject of an investigation 
on notice that they are under investigation and provide them with 
significant information concerning the nature of the investigation, 
thus resulting in a serious impediment to law enforcement 
investigations.
    (B) From subsections (d) and (f) because providing access to 
records of a civil or administrative investigation and the right to 
contest the contents of those records and force changes to be made to 
the information contained therein would seriously interfere with and 
thwart the orderly and unbiased conduct of the investigation and impede 
case preparation. Providing access rights normally afforded under the 
Privacy Act would provide the subject with valuable information that 
would allow interference with or compromise of witnesses or render 
witnesses reluctant to cooperate; lead to suppression, alteration, or 
destruction of evidence; enable individuals to conceal their wrongdoing 
or mislead the course of the investigation; and result in the secreting 
of or other disposition of assets that would make them difficult or 
impossible to reach in order to satisfy any Government claim growing 
out of the investigation or proceeding.
    (C) From subsection (e)(1) because it is not always possible to 
detect the relevance or necessity of each piece of information in the 
early stages of an investigation. In some cases, it is only after the 
information is evaluated in light of other evidence that its relevance 
and necessity will be clear.
    (D) From subsections (e)(4)(G) and (H) because there is no 
necessity for such publication since the system of records will be 
exempt from the underlying duties to provide notification about and 
access to information in the system and to make amendments and 
corrections to the information in the system.
    (E) From subsection (e)(4)(I) because to the extent that this 
provision is construed to require more detailed disclosure than the 
broad, generic information currently published in the system notice, an 
exemption from this provision is necessary to protect the 
confidentiality of sources of information and to protect privacy and 
physical safety of witnesses and informants. NSA will, nevertheless, 
continue to publish such a notice in broad generic terms, as is its 
current practice.
    (16) System identifier and name: GNSA 20, NSA Police Operational 
Files.
    (i) 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 the information, the individual will be provided access 
to the information exempt to the extent that disclosure would reveal 
the identity of a confidential source.

    Note to paragraph (16)(i)(A): When claimed, this exemption 
allows limited protection of investigative reports maintained in a 
system of records used in personnel or administrative actions.

    (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) 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) All portions of this system of records which fall within the 
scope of 5 U.S.C. 552a(k)(2), (k)(4), and (k)(5) may be exempt from the 
provisions of 5 U.S.C. 552a(c)(3), (d), (e)(1), (e)(4)(G), (e)(4)(H), 
(e)(4)(I) and (f).
    (ii) Authority: 5 U.S.C. 552a(k)(2), (k)(4), and (k)(5).
    (iii) Reasons: (A) From subsection (c)(3) because the release of 
the disclosure accounting would place the subject of an investigation 
on notice that they are under investigation and provide them with 
significant information concerning the nature of the investigation, 
thus resulting in a serious impediment to law enforcement 
investigations.
    (B) From subsections (d) and (f) because providing access to 
records of a civil or administrative investigation and the right to 
contest the contents of those records and force changes to be made to

[[Page 46609]]

the information contained therein would seriously interfere with and 
thwart the orderly and unbiased conduct of the investigation and impede 
case preparation. Providing access rights normally afforded under the 
Privacy Act would provide the subject with valuable information that 
would allow interference with or compromise of witnesses or render 
witnesses reluctant to cooperate; lead to suppression, alteration, or 
destruction of evidence; enable individuals to conceal their wrongdoing 
or mislead the course of the investigation; and result in the secreting 
of or other disposition of assets that would make them difficult or 
impossible to reach in order to satisfy any Government claim growing 
out of the investigation or proceeding.
    (C) From subsection (e)(1) because it is not always possible to 
detect the relevance or necessity of each piece of information in the 
early stages of an investigation. In some cases, it is only after the 
information is evaluated in light of other evidence that its relevance 
and necessity will be clear.
    (D) From subsections (e)(4)(G) and (H) because this system of 
records is compiled for investigative purposes and is exempt from the 
access provisions of subsections (d) and (f).
    (E) From subsection (e)(4)(I) because to the extent that this 
provision is construed to require more detailed disclosure than the 
broad, generic information currently published in the system notice, an 
exemption from this provision is necessary to protect the 
confidentiality of sources of information and to protect privacy and 
physical safety of witnesses and informants.
    (17) [Reserved]
    (18) System identifier and name: GNSA 25, NSA/CSS Operations Travel 
Records.
    (i) 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 the information, the individual will be provided access 
to the information exempt to the extent that disclosure would reveal 
the identify of a confidential source.

    Note to paragraph (18)(i)(A): When claimed, this exemption 
allows limited protection of investigative reports maintained in a 
system of records used in personnel or administrative actions.

    (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).
    (ii) Authority: 5 U.S.C. 552a(k)(2)(k)(4).
    (iii) Reasons: (A) From subsection (c)(3) because the release of 
the disclosure accounting would place the subject of an investigation 
on notice that they are under investigation and provide them with 
significant information concerning the nature of the investigation, 
thus resulting in a serious impediment to law enforcement 
investigations.
    (B) From subsections (d) and (f) because providing access to 
records of a civil or administrative investigation and the right to 
contest the contents of those records and force changes to be made to 
the information contained therein would seriously interfere with and 
thwart the orderly and unbiased conduct of the investigation and impede 
case preparation. Providing access rights normally afforded under the 
Privacy Act would provide the subject with valuable information that 
would allow interference with or compromise of witnesses or render 
witnesses reluctant to cooperate; lead to suppression, alteration, or 
destruction of evidence; enable individuals to conceal their wrongdoing 
or mislead the course of the investigation; and result in the secreting 
of or other disposition of assets that would make them difficult or 
impossible to reach in order to satisfy any Government claim growing 
out of the investigation or proceeding.
    (C) From subsection (e)(1) because it is not always possible to 
detect the relevance or necessity of each piece of information in the 
early stages of an investigation. In some cases, it is only after the 
information is evaluated in light of other evidence that its relevance 
and necessity will be clear.
    (D) From subsections (e)(4)(G) and (H) because this system of 
records is compiled for investigative purposes and is exempt from the 
access provisions of subsections (d) and (f).
    (E) From subsection (e)(4)(I) because to the extent that this 
provision is construed to require more detailed disclosure than the 
broad, generic information currently published in the system notice, an 
exemption from this provision is necessary to protect the 
confidentiality of sources of information and to protect privacy and 
physical safety of witnesses and informants.
    (19) System identifier and name: GNSA 26, NSA/CSS Accounts 
Receivable, Indebtedness and Claims.
    (i) 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 the information, the individual will be provided access 
to the information exempt to the extent that disclosure would reveal 
the identity of a confidential source.

    Note to paragraph (19)(i)(A):  When claimed, this exemption 
allows limited protection of investigative reports maintained in a 
system of records used in personnel or administrative actions.

    (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).
    (ii) Authority: 5 U.S.C. 552a(k)(2)(k)(4).
    (iii) Reasons: (A) From subsection (c)(3) because the release of 
the disclosure accounting would place the subject of an investigation 
on notice that they are under investigation and provide them with 
significant information concerning the nature of the investigation, 
thus resulting in a serious impediment to law enforcement 
investigations.
    (B) From subsections (d) and (f) because providing access to 
records of a civil or administrative investigation and the right to 
contest the contents of those records and force changes to be made to 
the information contained therein would seriously interfere with and 
thwart the orderly and unbiased conduct of the investigation and impede 
case preparation. Providing access rights normally afforded under the 
Privacy Act would provide the subject with valuable information that 
would allow interference with or compromise of witnesses or render 
witnesses reluctant to cooperate; lead to suppression, alteration, or 
destruction of evidence; enable individuals to conceal their wrongdoing 
or mislead the course of the investigation; and result in the secreting 
of or other disposition of assets that would make them difficult or 
impossible to reach in order to satisfy any Government claim growing 
out of the investigation or proceeding.
    (C) From subsection (e)(1) because it is not always possible to 
detect the relevance or necessity of each piece of

[[Page 46610]]

information in the early stages of an investigation. In some cases, it 
is only after the information is evaluated in light of other evidence 
that its relevance and necessity will be clear.
    (D) From subsections (e)(4)(G) and (H) because this system of 
records is compiled for investigative purposes and is exempt from the 
access provisions of subsections (d) and (f).
    (E) From subsection (e)(4)(I) because to the extent that this 
provision is construed to require more detailed disclosure than the 
broad, generic information currently published in the system notice, an 
exemption from this provision is necessary to protect the 
confidentiality of sources of information and to protect privacy and 
physical safety of witnesses and informants.
    (20) System identifier and name: ID: GNSA 28 (General Exemption), 
Freedom of Information Act, Privacy Act and Mandatory Declassification 
Review Records.
    (i) Exemption: During the processing of letters and other 
correspondence to the National Security Agency/Central Security 
Service, 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 National Security Agency/Central Security 
Service hereby claims the same exemptions for the records from those 
``other'' systems that are entered into this system, as claimed for the 
original primary system of which they are a part.
    (ii) Authority: 5 U.S.C. 552a(k)(2) through (k)(7).
    (iii) Reasons: During the course of a FOIA/Privacy Act and/or MDR 
action, exempt materials from other system of records may become part 
of the case records in this system of records. To the extent that 
copies of exempt records from those other systems of records are 
entered into these case records, NSA/CSS hereby claims the same 
exemptions for the records as claimed in the original primary system of 
records of which they are a part. 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.


Sec.  310.28  Office of the Inspector General (OIG) exemptions.

    (a) Exemption for classified records. Any record in a system of 
records maintained by the Office of the Inspector General which falls 
within the provisions of 5 U.S.C. 552a(k)(1) may be exempt from the 
following subsections of 5 U.S.C. 552a: (c)(3), (d), (e)(1), (e)(4)(G) 
through (I) and (f) to the extent that a record system contains any 
record properly classified under Executive Order 12958 and that the 
record is required to be kept classified in the interest of national 
defense or foreign policy. This specific exemption rule, claimed by the 
Inspector General under authority of 5 U.S.C. 552a(k)(1), is applicable 
to all systems of records maintained, including those individually 
designated for an exemption herein as well as those not otherwise 
specifically designated for an exemption, which may contain isolated 
items of properly classified information.
    (b) The Inspector General of the Department of Defense claims an 
exemption for the following record systems under the provisions of 5 
U.S.C. 552a(j) and (k)(1)-(k)(7) from certain indicated subsections of 
the Privacy Act of 1974. The exemptions may be invoked and exercised on 
a case-by-case basis by the Deputy Inspector General for Investigations 
or the Director, Communications and Congressional Liaison Office, and 
the Chief, Freedom of Information/Privacy Act Office, which serve as 
the Systems Program Managers. Exemptions will be exercised only when 
necessary for a specific, significant and legitimate reason connected 
with the purpose of the records system.
    (c) No personal records releasable under the provisions of The 
Freedom of Information Act (5 U.S.C. 552) will be withheld from the 
subject individual based on these exemptions.
    (1) System identifier and name: CIG-04, Case Control System.
    (i) Exemption: Any portion of this system which falls within the 
provisions of 5 U.S.C. 552a(j)(2) may be exempt from the following 
subsections of 5 U.S.C. 552a: (c)(3), (c)(4), (d), (e)(1), (e)(2), 
(e)(3), (e)(4)(G), (H), (I), (e)(5), (e)(8), (f), and (g).
    (ii) Authority: 5 U.S.C. 552a(j)(2).
    (iii) Reasons: (A) From subsection (c)(3) because the release of 
accounting of disclosure would inform a subject that he or she is under 
investigation. This information would provide considerable advantage to 
the subject in providing him or her with knowledge concerning the 
nature of the investigation and the coordinated investigative efforts 
and techniques employed by the cooperating agencies. This would greatly 
impede OIG's criminal law enforcement.
    (B) From subsection (c)(4) and (d), because notification would 
alert a subject to the fact that an open investigation on that 
individual is taking place, and might weaken the on-going 
investigation, reveal investigatory techniques, and place confidential 
informants in jeopardy.
    (C) 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, due to OIG's close liaison 
and working relationships with other Federal, state, local and foreign 
country law enforcement agencies, 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 which may relate to the jurisdiction of other 
cooperating agencies.
    (D) From subsection (e)(2) because collecting information to the 
fullest extent possible directly from the subject individual may or may 
not be practical in a criminal and/or civil investigation.
    (E) From subsection (e)(3) because supplying an individual with a 
form containing a Privacy Act Statement would tend to inhibit 
cooperation by many individuals involved in a criminal and/or civil 
investigation. The effect would be somewhat adverse to established 
investigative methods and techniques.
    (F) From subsection (e)(4) (G) through (I) because this system of 
records is exempt from the access provisions of subsection (d).
    (G) 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.
    (H) From subsection (e)(8) because the notice requirements of this 
provision could present a serious impediment to law enforcement by 
revealing investigative techniques, procedures, and existence of 
confidential investigations.
    (I) From subsection (f) because the agency's rules are inapplicable 
to those portions of the system that are exempt and would place the 
burden on the agency of either confirming or denying the existence of a 
record pertaining to a requesting individual might in itself

[[Page 46611]]

provide an answer to that individual relating to an on-going 
investigation. The conduct of a successful investigation leading to the 
indictment of a criminal offender precludes the applicability of 
established agency rules relating to verification of record, disclosure 
of the record to that individual, and record amendment procedures for 
this record system.
    (J) For comparability with the exemption claimed from subsection 
(f), the civil remedies provisions of subsection (g) must be suspended 
for this record system. Because of the nature of criminal 
investigations, standards of accuracy, relevance, timeliness, and 
completeness cannot apply to this record system. Information gathered 
in an investigation is often fragmentary and leads relating to an 
individual in the context of one investigation may instead pertain to a 
second investigation.
    (2) System identifier and name: CIG-06, Investigative Files.
    (i) Exemption: Any portion of this system which falls within the 
provisions of 5 U.S.C. 552a(j)(2) may be exempt from the following 
subsections of 5 U.S.C. 552a (c)(3), (c)(4), (d), (e)(1), (e)(2), 
(e)(3), (e)(4) (G), (H), (I), (e)(5), (e)(8), (f), and (g).
    (ii) Authority: 5 U.S.C. 552a(j)(2).
    (iii) Reasons: (A) From subsection (c)(3) because the release of 
accounting of disclosure would inform a subject that he or she is under 
investigation. This information would provide considerable advantage to 
the subject in providing him or her with knowledge concerning the 
nature of the investigation and the coordinated investigative efforts 
and techniques employed by the cooperating agencies. This would greatly 
impede OIG's criminal law enforcement.
    (B) From subsection (c)(4) and (d), because notification would 
alert a subject to the fact that an open investigation on that 
individual is taking place, and might weaken the on-going 
investigation, reveal investigatory techniques, and place confidential 
informants in jeopardy.
    (C) 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, due to OIG's close liaison 
and working relationships with other Federal, state, local and foreign 
country law enforcement agencies, 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 which may relate to the jurisdiction of other 
cooperating agencies.
    (D) From subsection (e)(2) because collecting information to the 
fullest extent possible directly from the subject individual may or may 
not be practical in a criminal and/or civil investigation.
    (E) From subsection (e)(3) because supplying an individual with a 
form containing a Privacy Act Statement would tend to inhibit 
cooperation by many individuals involved in a criminal and/or civil 
investigation. The effect would be somewhat adverse to established 
investigative methods and techniques.
    (F) From subsection (e)(4) (G) through (I) because this system of 
records is exempt from the access provisions of subsection (d).
    (G) 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.
    (H) From subsection (e)(8) because the notice requirements of this 
provision could present a serious impediment to law enforcement by 
revealing investigative techniques, procedures, and existence of 
confidential investigations.
    (I) From subsection (f) because the agency's rules are inapplicable 
to those portions of the system that are exempt and would place the 
burden on the agency of either confirming or denying the existence of a 
record pertaining to a requesting individual might in itself provide an 
answer to that individual relating to an on-going investigation. The 
conduct of a successful investigation leading to the indictment of a 
criminal offender precludes the applicability of established agency 
rules relating to verification of record, disclosure of the record to 
that individual, and record amendment procedures for this record 
system.
    (J) For comparability with the exemption claimed from subsection 
(f), the civil remedies provisions of subsection (g) must be suspended 
for this record system. Because of the nature of criminal 
investigations, standards of accuracy, relevance, timeliness, and 
completeness cannot apply to this record system. Information gathered 
in an investigation is often fragmentary and leads relating to an 
individual in the context of one investigation may instead pertain to a 
second investigation.
    (3) System identifier and name: CIG-15, Departmental Inquiries Case 
System.
    (i) Exemption: 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. Any portions of this system which fall under the 
provisions of 5 U.S.C. 552a(k)(2) may be exempt from the following 
subsection of 5 U.S.C. 552a(c)(3), (d), (e)(1), (e)(4)(G), (H), and 
(I).
    (ii) Authority: 5 U.S.C. 552a(k)(2).
    (iii) Reasons: (A) From subsection (c)(3) because disclosures from 
this system could interfere with the just, thorough and timely 
resolution of the compliant or inquiry, and possibly enable individuals 
to conceal their wrongdoing or mislead the course of the investigation 
by concealing, destroying or fabricating evidence or documents.
    (B) From subsection (d) because disclosures from this system could 
interfere with the just thorough and timely resolution of the compliant 
or inquiry, and possibly enable individuals to conceal their wrongdoing 
or mislead the course of the investigation by concealing, destroying or 
fabricating evidence or documents. Disclosures could also subject 
sources and witnesses to harassment or intimidation which jeopardize 
the safety and well-being of themselves and their families.
    (C) From subsection (e)(1) because the nature of the investigation 
function creates unique problems in prescribing specific parameters in 
a particular case as to what information is relevant or necessary. Due 
to close liaison and working relationships with other Federal, state, 
local and foreign country law enforcement agencies, information may be 
received which may relate to a case under the investigative 
jurisdiction of another government agency. It is necessary to maintain 
this information in order to provide leads for appropriate law 
enforcement purposes and to establish patterns of activity which may 
relate to the jurisdiction of other cooperating agencies.

[[Page 46612]]

    (D) From subsection (e)(4) (G) through (H) because this system of 
records is exempt from the access provisions of subsection (d).
    (E) From subsection (f) because the agency's rules are inapplicable 
to those portions of the system that are exempt and would place the 
burden on the agency of either confirming or denying the existence of a 
record pertaining to a requesting individual might in itself provide an 
answer to that individual relating to an on-going investigation. The 
conduct of a successful investigation leading to the indictment of a 
criminal offender precludes the applicability of established agency 
rules relating to verification of record, disclosure of the record to 
that individual, and record amendment procedures for this record 
system.
    (4) System identifier and name: CIG-16, DOD Hotline Program Case 
Files.
    (i) Exemption: Any portions of this system of records which fall 
under the provisions of 5 U.S.C. 552a(k)(2) and (k)(5) may be exempt 
from the following subsections of 5 U.S.C. 552a: (c)(3), (d), (e)(1), 
(e)(4)(G), (H), and (f).
    (ii) Authority: 5 U.S.C. 552a(k)(2) and (k)(5).
    (iii) Reasons: (A) From subsection (c)(3) because disclosures from 
this system could interfere with the just, thorough and timely 
resolution of the complaint or inquiry, and possibly enable individuals 
to conceal their wrongdoing or mislead the course of the investigation 
by concealing, destroying or fabricating evidence or documents.
    (B) From subsection (d) because disclosures from this system could 
interfere with the just, thorough and timely resolution of the 
complaint or inquiry, and possibly enable individuals to conceal their 
wrongdoing or mislead the course of the investigation by concealing, 
destroying or fabricating evidence or documents. Disclosures could also 
subject sources and witnesses to harassment or intimidation which 
jeopardize the safety and well-being of themselves and their families.
    (C) From subsection (e)(1) because the nature of the investigation 
functions creates unique problems in prescribing specific parameters in 
a particular case as to what information is relevant or necessary. Due 
to close liaison and working relationships with other Federal, state, 
local, and foreign country law enforcement agencies, information may be 
received which may relate to a case under the investigative 
jurisdiction of another government agency. It is necessary to maintain 
this information in order to provide leads for appropriate law 
enforcement purposes and to establish patterns of activity which may 
relate to the jurisdiction of other cooperating agencies.
    (D) From subsection (e)(4)(G) through (H) because this system of 
records is exempt from the access provisions of subsection (d).
    (E) From subsection (f) because the agency's rules are inapplicable 
to those portions of the system that are exempt and would place the 
burden on the agency of either confirming or denying the existence of a 
record pertaining to a requesting individual might in itself provide an 
answer to that individual relating to an on-going investigation. The 
conduct of a successful investigation leading to the indictment of a 
criminal offender precludes the applicability of established agency 
rules relating to verification of record, disclosure of the record to 
that individual, and record amendment procedures for this record 
system.
    (5) System identifier and name: CIG 01, Privacy Act and Freedom of 
Information Act Case Files.
    (i) Exemption: During the processing of a Freedom of Information 
Act (FOIA) and Privacy Act (PA) request, 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 
Inspector General, DoD, claims the same exemptions for the records from 
those ``other'' systems that are entered into this system, as claimed 
for the original primary system of which they are a part.
    (ii) Authority: 5 U.S.C. 552a(j)(2), (k)(1), (k)(2), (k)(3), 
(k)(4), (k)(5), (k)(6), and (k)(7).
    (iii) 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 the President 
and others are not compromised, 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.
    (6) System identifier and name: CIG-21, Congressional 
Correspondence Tracking System.
    (i) Exemption: During the processing of a Congressional inquiry, 
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 Inspector General, DoD, claims the same exemptions for the 
records from those ``other'' systems that are entered into this system, 
as claimed for the original primary system of which they are a part.
    (ii) Authority: 5 U.S.C. 552a(j)(2), (k)(1), (k)(2), (k)(3), 
(k)(4), (k)(5), (k)(6), and (k)(7)
    (ii) 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 the President 
and others are not compromised, 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.
    (7) System identifier and name: CIG 23, Public Affairs Files.
    (i) Exemption: During the course of processing a General Counsel 
action, exempt materials from other systems of records may in turn 
become part of the case records in this system. To the extent that 
copies of exempt records from those `other' systems of records are 
entered into the Public Affairs Files, the Office of the Inspector 
General hereby claims the same exemptions for the records from those 
`other' systems that are entered into this system, as claimed for the 
original primary systems of records which they are a part.

[[Page 46613]]

    (ii) Authority: 5 U.S.C. 552a(j)(2), (k)(1), (k)(2), (k)(3), 
(k)(4), (k)(5), (k)(6), and (k)(7).
    (iii) Reasons: Records are only exempt from pertinent provisions of 
5 U.S.C. 552a to the extent (A) such provisions have been identified 
and an exemption claimed for the original record and (B) 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 the 
President and others are not compromised, 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.
    (8) System identifier and name: CIG-29, Privacy and Civil Liberties 
Complaint Reporting System.
    (i) Exemption: Any portion of this record system which falls within 
the provisions of 5 U.S.C. 552a (j)(2), (k)(2)and (k)(5) may be exempt 
from the following subsections of 5 U.S.C. 552a: (c)(3), (d), (e)(1), 
(e)(4)(G), (e)(4)(H), (e)(4)(I).
    (ii) Authority: 5 U.S.C. 552a(j)(2), (k)(2), and (k)(5).
    (iii) Reasons: To ensure the integrity of the privacy and civil 
liberties process. The execution requires that information be provided 
in a free and open manner without fear of retribution or harassment in 
order to facilitate a just, thorough, and timely resolution of the 
complaint or inquiry. Disclosures from this system can enable 
individuals to conceal their wrongdoing or mislead the course of the 
investigation by concealing, destroying, or fabricating evidence or 
documents. In addition, disclosures can subject sources and witnesses 
to harassment or intimidation which may cause individuals not to seek 
redress for wrongs through privacy and civil liberties channels for 
fear of retribution or harassment. There is a clear need to protect 
national security information from inadvertent disclosure.


Sec.  310.29  Office of the Secretary of Defense (OSD) exemptions.

    (a) General information. The Secretary of Defense designates those 
Office of the Secretary of Defense (OSD) systems of records which will 
be exempt from certain provisions of the Privacy Act. There are two 
types of exemptions, general and specific. The general exemption 
authorizes the exemption of a system of records from all but a few 
requirements of the Act. The specific exemption authorizes exemption of 
a system of records or portion thereof, from only a few specific 
requirements. If an OSD Component originates a new system of records 
for which it proposes an exemption, or if it proposes an additional or 
new exemption for an existing system of records, it shall submit the 
recommended exemption with the records system notice as outlined in 
Sec.  311.6. No exemption of a system of records shall be considered 
automatic for all records in the system. The systems manager shall 
review each requested record and apply the exemptions only when this 
will serve significant and legitimate Government purpose.
    (b) General exemptions. The general exemption provided by 5 U.S.C. 
552a(j)(2) may be invoked for protection of systems of records 
maintained by law enforcement activities. Certain functional records of 
such activities are not subject to access provisions of the Privacy Act 
of 1974. Records identifying criminal offenders and alleged offenders 
consisting of identifying data and notations of arrests, the type and 
disposition of criminal charges, sentencing, confinement, release, 
parole, and probation status of individuals are protected from 
disclosure. Other records and reports compiled during criminal 
investigations, as well as any other records developed at any stage of 
the criminal law enforcement process from arrest to indictment through 
the final release from parole supervision are excluded from release.
    (1) System identifier and name: DWHS P42.0, DPS Incident Reporting 
and Investigations Case Files.
    (i) Exemption: Portions of this system that fall within 5 U.S.C. 
552a(j)(2) are exempt from the following provisions of 5 U.S.C. 552a, 
Sections (c)(3) and (4); (d)(1) through (d)(5); (e)(1) through (e)(3); 
(e)(5); (f)(1) through (f)(5); (g)(1) through (g)(5); and (h) of the 
Act.
    (ii) Authority: 5 U.S.C. 552a(j)(2).
    (iii) Reasons: The Defense Protective Service is the law 
enforcement body for the jurisdiction of the Pentagon and immediate 
environs. The nature of certain records created and maintained by the 
DPS requires exemption from access provisions of the Privacy Act of 
1974. The general exemption, 5 U.S.C. 552a(j)(2), is invoked to protect 
ongoing investigations and to protect from access, criminal 
investigation information contained in this record system, so as not to 
jeopardize any subsequent judicial or administrative process taken as a 
result of information contained in the file.
    (2) System identifier and name: JS006.CND, Department of Defense 
Counternarcotics C4I System.
    (i) Exemption: Portions of this system that fall within 5 U.S.C. 
552a(j)(2) are exempt from the following provisions of 5 U.S.C. 552a, 
section (c) (3) and (4); (d)(1) through (d)(5); (e)(1) through (e)(3); 
(e)(4)(G) and (e)(4)(H); (e)(5); (f)(1) through (f)(5); (g)(1) through 
(g)(5) of the Act.
    (ii) Authority: 5 U.S.C. 552a(j)(2).
    (iii) Reasons: (A) From subsection (c)(3) because the release of 
accounting of disclosure would inform a subject that he or she is under 
investigation. This information would provide considerable advantage to 
the subject in providing him or her with knowledge concerning the 
nature of the investigation and the coordinated investigative efforts 
and techniques employed by the cooperating agencies. This would greatly 
impede USSOUTHCOM's criminal law enforcement.
    (B) For subsections (c)(4) and (d) because notification would alert 
a subject to the fact that an investigation of that individual is 
taking place, and might weaken the on-going investigation, reveal 
investigatory techniques, and place confidential informants in 
jeopardy.
    (C) From subsections (e)(4)(G) and (H) because this system of 
records is exempt from the access provisions of subsection (d) pursuant 
to subsection (j).
    (D) From subsection (f) because the agency's rules are inapplicable 
to those portions of the system that are exempt and would place the 
burden on the agency of either confirming or denying the existence of a 
record pertaining to a requesting individual might in itself provide an 
answer to that individual relating to an on-going criminal 
investigation. The conduct of a successful investigation leading to the 
indictment of a criminal offender precludes the applicability of 
established agency rules relating to verification of record, disclosure 
of the record to that individual, and record amendment procedures for 
this record system.
    (E) For compatibility with the exemption claimed from subsection 
(f),

[[Page 46614]]

the civil remedies provisions of subsection (g) must be suspended for 
this record system. Because of the nature of criminal investigations, 
standards of accuracy, relevance, timeliness and completeness cannot 
apply to this record system. Information gathered in criminal 
investigations is often fragmentary and leads relating to an individual 
in the context of one investigation may instead pertain to a second 
investigation.
    (F) From subsection (e)(1) because the nature of the criminal 
investigative function creates unique problems in prescribing a 
specific parameter in a particular case with respect to what 
information is relevant or necessary. Also, due to USSOUTHCOM's close 
liaison and working relationships with the other Federal, as well as 
state, local and foreign country law enforcement agencies, 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 which may relate to the 
jurisdiction of other cooperating agencies.
    (G) From subsection (e)(2) because collecting information to the 
greatest extent possible directly from the subject individual may or 
may not be practicable in a criminal investigation. The individual may 
choose not to provide information and the law enforcement process will 
rely upon significant information about the subject from witnesses and 
informants.
    (H) From subsection (e)(3) because supplying an individual with a 
form containing a Privacy Act Statement would tend to inhibit 
cooperation by many individuals involved in a criminal investigation. 
The effect would be somewhat inimical to established investigative 
methods and techniques.
    (I) From subsection (e)(5) because the requirement that records be 
maintained with attention to accuracy, relevance, timeliness, and 
completeness would unfairly hamper the criminal investigative process. 
It is the nature of criminal 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 
significant 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 
existence of confidential investigations.
    (3)-(15) [Reserved]
    (16) System identifier and name: DWHS E06, Enterprise 
Correspondence Control System (ECCS).
    (i) Exemption: During the staffing and coordination of actions to, 
from, and within components in conduct of daily business, exempt 
materials from other systems of records may in turn become part of the 
case record in this document control system. To the extent that copies 
of exempt records from those ``other'' systems of records are entered 
into this system, the Office of the Secretary of Defense hereby claims 
the same exemptions for the records from those ``other'' systems that 
are entered into this system, as claimed for the original primary 
system of which they are a part.
    (ii) Authority: 5 U.S.C. 552a (j)(2) and (k)(1) through (k)(7).
    (iii) 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 the President 
and others are not compromised, 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.
    (c) Specific exemptions: All systems of records maintained by any 
OSD Component shall be exempt from the requirements of 5 U.S.C. 552a(d) 
pursuant to subsection (k)(1) of that section to the extent that the 
system contains any information properly classified under Executive 
Order 11265, `National Security Information,' dated June 28, 552a(d) 
pursuant to subsection (k)(1) of that section to the extent that the 
system contains any information properly classified under E.O. 11265, 
`National Security Information,' dated June 28, 1979, as amended, and 
required by the Executive Order to be kept classified in the interest 
of national defense or foreign policy. This exemption, which may be 
applicable to parts of all systems of records, is necessary because 
certain record systems not otherwise specifically designated for 
exemptions may contain isolated information which has been properly 
classified. The Secretary of Defense has designated the following OSD 
system of records described below specifically exempted from the 
appropriate provisions of the Privacy Act pursuant to the designated 
authority contained therein:
    (1) System identifier and name: DGC 16, Political Appointment 
Vetting Files.
    (i) Exemption: Portions of this system of records that fall within 
the provisions of 5 U.S.C. 552a(k)(5) may be exempt from the following 
subsections (d)(1) through (d)(5).
    (ii) Authority: 5 U.S.C. 552a(k)(5).
    (iii) Reasons: From subsections (d)(1) through (d)(5) because the 
agency is required to protect the confidentiality of sources who 
furnished information to the Government under an expressed promise of 
confidentiality or, prior to September 27, 1975, under an implied 
promise that the identity of the source would be held in confidence. 
This confidentiality is needed to maintain the Government's continued 
access to information from persons who otherwise might refuse to give 
it. This exemption is limited to disclosures that would reveal the 
identity of a confidential source.
    (2) System identifier and name: DWHS P28, The Office of the 
Secretary of Defense Clearance File.
    (i) Exemption: This system of records is exempt from subsections 
(c)(3) and (d) of 5 U.S.C. 552a, which would require the disclosure of 
investigatory material compiled solely for the purpose of determining 
access to classified information but only to the extent that disclosure 
of such material would reveal the identity of a source who furnished 
information to the Government under an expressed promise that the 
identity of the source would be held in confidence or, prior to 
September 27, 1975, under an implied promise that the identity of the 
source would be held in confidence. A determination will be made at the 
time of the request for a record concerning the specific information 
which would reveal the identity of the source.
    (ii) Authority: 5 U.S.C. 552a(k)(5).
    (iii) Reasons: This exemption is required to protect the 
confidentiality of the sources of information compiled for

[[Page 46615]]

the purpose of determining access to classified information. This 
confidentiality helps maintain the Government's continued access to 
information from persons who would otherwise refuse to give it.
    (3) System identifier and name: DGC 04, Industrial Personnel 
Security Clearance Case Files.
    (i) Exemption: All portions of this system which fall under 5 
U.S.C. 552a(k)(5) are exempt from the following provisions of title 5 
U.S.C. 552a: (c)(3); (d).
    (ii) Authority: 5 U.S.C. 552a(k)(5).
    (iii) Reasons: This system of records is exempt from subsections 
(c)(3) and (d) of section 552a of 5 U.S.C. which would require the 
disclosure of investigatory material compiled solely for the purpose of 
determining access to classified information, but only to the extent 
that the disclosure of such material would reveal the identity of a 
source who furnished information to the Government under an expressed 
promise that the identity of the source would be held in confidence, or 
prior to September 27, 1975, under an implied promise that the identity 
of the source would be held in confidence. A determination will be made 
at the time of the request for a record concerning whether specific 
information would reveal the identity of a source. This exemption is 
required in order to protect the confidentiality of the sources of 
information compiled for the purpose of determining access to 
classified information. This confidentiality helps maintain the 
Government's continued access to information from persons who would 
otherwise refuse to give it.
    (4) System identifier and name: DWHS P32, Standards of Conduct 
Inquiry File.
    (i) Exemption: This system of records is exempted from subsections 
(c)(3) and (d) of 5 U.S.C. 552a, which would require the disclosure of: 
Investigatory material compiled for law enforcement purposes; or 
investigatory material compiled solely for the purpose of determining 
suitability, eligibility, or qualifications for Federal civilian 
employment, military service, or Federal contracts, but only to the 
extent that the disclosure of such material would reveal the identity 
of a source who furnished information to the Government under an 
express promise or, prior to September 27, 1975, under an implied 
promise that the identity of the source would be held in confidence. If 
any individual is denied any right, privilege, or benefit that he would 
otherwise be entitled by Federal law, or otherwise be eligible, as a 
result of the maintenance of investigatory material compiled for law 
enforcement purposes, the material shall be provided to that 
individual, except to the extent that its disclosure would reveal the 
identity of a source who furnished information to the Government under 
an express promise or, prior to September 27, 1975, under an implied 
promise that the identity of the source would be held in confidence. At 
the time of the request for a record, a determination will be made 
concerning whether a right, privilege, or benefit is denied or specific 
information would reveal the identity of a source.
    (ii) Authority: 5 U.S.C. 552a(k)(2) and (5).
    (iii) Reasons: These exemptions are necessary to protect the 
confidentiality of the records compiled for the purpose of: enforcement 
of the conflict of interest statutes by the Department of Defense 
Standards of Conduct Counselor, General Counsel, or their designees; 
and determining suitability eligibility or qualifications for Federal 
civilian employment, military service or Federal contracts of those 
alleged to have violated or caused others to violate the Standards of 
Conduct regulations of the Department of Defense.
    (5) System identifier and name: DUSDP 02, Special Personnel 
Security Cases.
    (i) Exemption: All portions of this system which fall under 5 
U.S.C. 552a(k)(5) are exempt from the following provisions of 5 U.S.C. 
552a: (c)(3); (d).
    (ii) Authority: 5 U.S.C. 552a(k)(5).
    (iii) Reasons: This system of records is exempt from subsections 
(c)(3) and (d) of 5 U.S.C. 552a which would require the disclosure of 
investigatory material compiled solely for the purpose of determining 
access to classified information, but only to the extent that the 
disclosure of such material would reveal the identity of a source who 
furnished information to the Government under an expressed promise that 
the identity of the source would be held in confidence or, prior to 
September 27, 1975, under an implied promise that the identity of the 
source would be held in confidence. A determination will be made at the 
time of the request for a record concerning whether specific 
information would reveal the identity of a source. This exemption is 
required in order to protect the confidentiality of the sources of 
information compiled for the purpose of determining access to 
classified information. This confidentiality helps maintain the 
Government's continued access to information from persons who would 
otherwise refuse to give it.
    (6) System identifier and name: DODDS 02.0, Educator Application 
Files.
    (i) Exemption: All portions of this system which fall within 5 
U.S.C. 552a(k)(5) may be exempt from the following provisions of 5 
U.S.C. 552a: (c)(3); (d).
    (ii) Authority: 5 U.S.C. 552a(k)(5).
    (iii) Reasons: It is imperative that the confidential nature of 
evaluation and investigatory material on teacher application files 
furnished the Department of Defense Dependent Schools (DoDDS) under 
promises of confidentiality be exempt from disclosure to the individual 
to insure the candid presentation of information necessary to make 
determinations involving applicants suitability for DoDDS teaching 
positions.
    (7) System identifier and name: DGC 20, DoD Presidential Appointee 
Vetting File.
    (i) 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. Portions of this system of records 
that may be exempt pursuant to 5 U.S.C. 552a(k)(5) are subsections 
(d)(1) through (d)(5).
    (ii) Authority: 5 U.S.C. 552a(k)(5).
    (iii) Reasons: From (d)(1) through (d)(5) because the agency is 
required to protect the confidentiality of sources who furnished 
information to the Government under an expressed promise of 
confidentiality or, prior to September 27, 1975, under an implied 
promise that the identity of the source would be held in confidence. 
This confidentiality is needed to maintain the Government's continued 
access to information from persons who otherwise might refuse to give 
it.
    (8) System identifier and name: DWHS P29, Personnel Security 
Adjudications File.
    (i) Exemption: Portions of this system of records that fall within 
the provisions of 5 U.S.C. 552a(k)(5) may be exempt from the following 
subsections (d)(1) through (d)(5).
    (ii) Authority: 5 U.S.C. 552a(k)(5).
    (iii) Reasons: From (d)(1) through (d)(5) because the agency is 
required to protect the confidentiality of sources who furnished 
information to the Government under an expressed promise of 
confidentiality or, prior to September 27, 1975, under an implied 
promise that the identity of the source

[[Page 46616]]

would be held in confidence. This confidentiality is needed to maintain 
the Government's continued access to information from persons who 
otherwise might refuse to give it. This exemption is limited to 
disclosures that would reveal the identity of a confidential source. At 
the time of the request for a record, a determination will be made 
concerning whether a right, privilege, or benefit is denied or specific 
information would reveal the identity of a source.
    (9) System identifier and name: JS004SECDIV, Joint Staff Security 
Clearance Files.
    (i) Exemption: Portions of this system of records are exempt 
pursuant to the provisions of 5 U.S.C. 552a(k)(5) from subsections 5 
U.S.C. 552a(d)(1) through (d)(5).
    (ii) Authority: 5 U.S.C. 552a(k)(5).
    (iii) Reasons: From subsections (d)(1) through (d)(5) because the 
agency is required to protect the confidentiality of sources who 
furnished information to the Government under an expressed promise of 
confidentiality or, prior to September 27, 1975, under an implied 
promise that the identity of the source would be held in confidence. 
This confidentiality is needed to maintain the Government's continued 
access to information from persons who otherwise might refuse to give 
it. This exemption is limited to disclosures that would reveal the 
identity of a confidential source. At the time of the request for a 
record, a determination will be made concerning whether a right, 
privilege, or benefit is denied or specific information would reveal 
the identity of a source.
    (10) System identifier and name: DFMP 26, Vietnamese Commando 
Compensation Files.
    (i) Exemption: Information classified under E.O. 12958, as 
implemented by DoD 5200.1-R, may be exempt pursuant to 5 U.S.C. 
552a(k)(1).
    (ii) Authority: 5 U.S.C. 552a(k)(1).
    (iii) Reasons: From subsection 5 U.S.C. 552a(d) because granting 
access to information that is properly classified pursuant to E.O. 
12958, as implemented by DoD 5200.1-R, may cause damage to the national 
security.
    (11) System identifier and name: DUSP 11, POW/Missing Personnel 
Office Files.
    (i) Exemption: Information classified under E.O. 12958, as 
implemented by DoD 5200.1-R, may be exempt pursuant to 5 U.S.C. 
552a(k)(1).
    (ii) Authority: 5 U.S.C. 552a(k)(1).
    (iii) Reasons: From subsection 5 U.S.C. 552a(d) because granting 
access to information that is properly classified pursuant to E.O. 
12958, as implemented by DoD 5200.1-R, may cause damage to the national 
security.
    (12) System identifier and name: DFOISR 05, Freedom of Information 
Act Case Files.
    (i) Exemption: During the processing of a Freedom of Information 
Act request, 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 Office of the Secretary of Defense claims 
the same exemptions for the records from those `other' systems that are 
entered into this system, as claimed for the original primary system of 
which they are a part.
    (ii) Authority: 5 U.S.C. 552a(j)(2), (k)(1), (k)(2), (k)(3), 
(k)(4), (k)(5), (k)(6), and (k)(7).
    (iii) 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 the President 
and others are not compromised, 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.
    (13) System identifier and name: DFOISR 10, Privacy Act Case Files.
    (i) 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 Office of 
the Secretary of Defense hereby claims the same exemptions for the 
records from those `other' systems that are entered into this system, 
as claimed for the original primary system of which they are a part.
    (ii) Authority: 5 U.S.C. 552a(j)(2), (k)(1), (k)(2), (k)(3), 
(k)(4), (k)(5), (k)(6), and (k)(7).
    (iii) 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 the President 
and others are not compromised, 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.
    (14) System identifier and name: DHRA 02, PERSEREC Research Files.
    (i) Exemption: (A) 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.
    (B) Therefore, portions of this system may be exempt pursuant to 5 
U.S.C. 552a(k)(5) from the following subsections of 5 U.S.C. 
552a(c)(3), (d), and (e)(1).
    (ii) Authority: 5 U.S.C. 552a(k)(5).
    (iii) Reasons: (A) From subsection (c)(3) and (d) when access to 
accounting disclosures and access to or amendment of records would 
cause the identity of a confidential source to be revealed. Disclosure 
of the source's identity not only will result in the Department 
breaching the promise of confidentiality made to the source, but it 
will impair the Department's future ability to compile investigatory 
material for the purpose of determining suitability, eligibility, or 
qualifications for Federal civilian employment, Federal contracts, or 
access to classified information. Unless sources can be assured that a

[[Page 46617]]

promise of confidentiality will be honored, they will be less likely to 
provide information considered essential to the Department in making 
the required determinations.
    (B) From (e)(1) because in the collection of information for 
investigatory purposes, it is not always possible to determine the 
relevance and necessity of particular information in the early stages 
of the investigation. In some cases, it is only after the information 
is evaluated in light of other information that its relevance and 
necessity becomes clear. Such information permits more informed 
decisionmaking by the Department when making required suitability, 
eligibility, and qualification determinations.
    (15) System identifier and name: DCIFA 01, CIFA Operational and 
Analytical Records.
    (i) Exemption: This system of records is a compilation of 
information from other Department of Defense and U.S. Government 
systems of records. To the extent that copies of exempt records from 
those `other' systems of records are entered into this system, OSD 
hereby claims the same exemptions for the records from those `other' 
systems that are entered into this system, as claimed for the original 
primary system of which they are a part.
    (ii) Authority: 5 U.S.C. 552a(j)(2), (k)(1), (k)(2), (k)(3), 
(k)(4), (k)(5), (k)(6), and (k)(7).
    (iii) Reasons: Records are only exempt from pertinent provisions of 
5 U.S.C. 552a to the extent (A) such provisions have been identified 
and an exemption claimed for the original record and (B) 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 are 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 the 
President and others are not compromised, 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 are exempt from specific provisions of 5 U.S.C. 
552a.
    (16) System identifier and name: DMDC 15 DoD, Armed Services 
Military Accession Testing.
    (i) 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(d).
    (ii) Authority: 5 U.S.C. 552a(k)(6).
    (iii) Reasons: (A) 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.
    (B) From subsection (d)(1) when access to those portions of the 
Skill Qualification Test records would reveal the individual item 
responses and scoring keys. Disclosure of the individual item responses 
and scoring keys will compromise the objectivity and fairness of the 
test as well as the validity of future tests resulting in the 
Department being unable to use the testing battery as an individual 
assessment tool.
    (17) System identifier and name: DMDC 11, Investigative Records 
Repository.
    (i) Exemption: (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) Records maintained in connection with providing protective 
services to the President and other individuals under 18 U.S.C. 3506, 
may be exempt pursuant to 5 U.S.C. 552a(k)(3).
    (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) Any portion of this system that falls under the provisions of 5 
U.S.C. 552a(k)(2), (k)(3), or (k)(5) may be exempt from the following 
subsections of 5 U.S.C. 552(c)(3), (d), (e)(1), (e)(4)(G), (H), and 
(I), and (f).
    (ii) Authority: 5 U.S.C. 552a(k)(2), (k)(3), or (k)(5).
    (iii) Reasons: (A) From subsection (c)(3) because it will enable 
the Department to conduct certain investigations and relay law 
enforcement information without compromise of the information, 
protection of investigative techniques and efforts employed, and 
identities of confidential sources who might not otherwise come forward 
and who furnished information under an express promise that the 
sources' identity would be held in confidence (or prior to the 
effective date of the Act, under an implied promise).
    (B) From subsections (e)(1), (e)(4(G), (H), and (I) because it will 
provide protection against notification of investigatory material 
including certain reciprocal investigations and counterintelligence 
information, which might alert a subject to the fact that an 
investigation of that individual is taking place, and the disclosure of 
which would weaken the on-going investigation, reveal investigatory 
techniques, and place confidential informants in jeopardy who furnished 
information under an express promise that the source's identity would 
be held in confidence (or prior to the effective date of the Act, under 
an implied promise).
    (C) From subsections (d) and (f) because requiring OSD to grant 
access to records and agency rules for access and amendment of records 
would unfairly impede the agency's investigation of allegations of 
unlawful activities. To require OSD to confirm or deny the existence of 
a record pertaining to a requesting individual may in itself provide an 
answer to that individual relating to an on-going investigation. The 
investigation of possible unlawful activities would be jeopardized by 
agency rules requiring verification of record, disclosure of the record 
to the subject, and record amendment procedures.
    (18) System identifier and name: DMDC 12 DoD, Joint Personnel 
Adjudication System (JPAS).
    (i) 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.
    (ii) Authority: 5 U.S.C. 552a(k)(5).

[[Page 46618]]

    (iii) Reasons: (A) From subsections (c)(3) and (d) when access to 
accounting disclosure and access to or amendment of records would cause 
the identity of a confidential source to be revealed. Disclosure of the 
source's identity not only will result in the Department breaching the 
promise of confidentiality made to the source but it will impair the 
Department's future ability to compile investigatory material for the 
purpose of determining suitability, eligibility, or qualifications for 
Federal civilian employment, Federal contracts, or access to classified 
information. Unless sources can be assured that a promise of 
confidentiality will be honored, they will be less likely to provide 
information considered essential to the Department in making the 
required determinations.
    (B) From subsection (e)(1) because in the collection of information 
for investigatory purposes, it is not always possible to determine the 
relevance and necessity of particular information in the early stages 
of the investigation. It is only after the information is evaluated in 
light of other information that its relevance and necessity becomes 
clear. Such information permits more informed decision-making by the 
Department when making required suitability, eligibility, and 
qualification determinations.
    (19) System identifier and name: DA&M 01, Civil Liberties Program 
Case Management System.
    (i) Exemption: Records contained in this System of Records may be 
exempted from the requirements of subsections (c)(3); (d)(1), (2), (3), 
and (4); (e)(1) and (e)(4)(G), (H), and (I); and (f) of the Privacy Act 
pursuant to 5 U.S.C. 552a(k)(1). Records may be exempted from these 
subsections or, additionally, from the requirements of subsections 
(c)(4); (e)(2), (3), and (8) of the Privacy Act of 1974 consistent with 
any exemptions claimed under 5 U.S.C. 552a(j)(2) or (k)(1), (k)(2), or 
(k)(5) by the originator of the record, provided the reason for the 
exemption remains valid and necessary. An exemption rule for this 
system has been promulgated in accordance with the requirements of 5 
U.S.C. 553(b)(1), (2), and (3), (c) and (e) and is published at 32 CFR 
part 311.
    (ii) Authority: 5 U.S.C. 552a(j)(2), (k)(1), (k)(2), or (k)(5).
    (iii) Reasons: (A) From subsections (c)(3) (accounting of 
disclosures) because an accounting of disclosures from records 
concerning the record subject would specifically reveal an intelligence 
or investigative interest on the part of the Department of Defense and 
could result in release of properly classified national security or 
foreign policy information.
    (B) From subsections (d)(1), (2), (3) and (4) (record subject's 
right to access and amend records) because affording access and 
amendment rights could alert the record subject to the investigative 
interest of law enforcement agencies or compromise sensitive 
information classified in the interest of national security. In the 
absence of a national security basis for exemption, records in this 
system may be exempted from access and amendment to the extent 
necessary to honor promises of confidentiality to persons providing 
information concerning a candidate for position. Inability to maintain 
such confidentiality would restrict the free flow of information vital 
to a determination of a candidate's qualifications and suitability.
    (C) From subsection (e)(1) (maintain only relevant and necessary 
records) because in the collection of information for investigatory 
purposes, it is not always possible to determine the relevance and 
necessity of particular information in the early stages of the 
investigation. It is only after the information is evaluated in light 
of other information that its relevance and necessity becomes clear. In 
the absence of a national security basis for exemption under subjection 
(k)(1), records in this system may be exempted from the relevance 
requirement pursuant to subjection (k)(5) because it is not possible to 
determine in advance what exact information may assist in determining 
the qualifications and suitability of a candidate for position. 
Seemingly irrelevant details, when combined with other data, can 
provide a useful composite for determining whether a candidate should 
be appointed.
    (D) From subsections (e)(4)(G) and (H) (publication of procedures 
for notifying subject of the existence of records about them and how 
they may access records and contest contents) because the system is 
exempted from subsection (d) provisions regarding access and amendment, 
and from the subsection (f) requirement to promulgate agency rules. 
Nevertheless, the Office of the Secretary of Defense has published 
notice concerning notification, access, and contest procedures because 
it may, in certain circumstances, determine it appropriate to provide 
subjects access to all or a portion of the records about them in this 
system of records.
    (E) From subsection (e)(4)(I) (identifying sources of records in 
the system of records) because identifying sources could result in 
disclosure of properly classified national defense or foreign policy 
information, intelligence sources and methods, and investigatory 
techniques and procedures. Notwithstanding its proposed exemption from 
this requirement the Office of the Secretary of Defense identifies 
record sources in broad categories sufficient to provide general notice 
of the origins of the information it maintains in this system of 
records.
    (F) From subsection (f) (agency rules for notifying subjects to the 
existence of records about them, for accessing and amending records, 
and for assessing fees) because the system is exempt from subsection 
(d) provisions regarding access and amendment of records by record 
subjects. Nevertheless, the Office of the Secretary of Defense has 
published agency rules concerning notification of a subject in response 
to his request if any system of records named by the subject contains a 
record pertaining to him and procedures by which the subject may access 
or amend the records. Notwithstanding exemption, the Office of the 
Secretary of Defense may determine it appropriate to satisfy a record 
subject's access request.
    (20) System identifier and name: DMDC 13 DoD, Defense Clearance and 
Investigations Index.
    (i) Exemption: 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. Any portion of this system that falls under the 
provisions of 5 U.S.C. 552a(k)(2) may be exempt from the following 
subjections of 5 U.S.C. 552a(c)(3); (d); (e)(1); (e)(4)(G), (H), and 
(I) and (f).
    (ii) Authority: 5 U.S.C. 552a(k)(2).
    (iii) Reasons: (A) From subsection (c)(3) because it will enable 
OSD components to conduct certain investigations and relay law 
enforcement information without compromise of the information, 
protection of investigative techniques and efforts employed, and 
identities of confidential sources who might not otherwise come forward 
and who furnished information under an express promise that the 
sources' identity would be held in confidence (or prior to the 
effective date of the Act, under an implied promise).
    (B) From subsections (e)(1), (e)(4)(G), (H), and (I) because it 
will provide protection against notification of

[[Page 46619]]

investigatory material including certain reciprocal investigations and 
counterintelligence information, which might alert a subject to the 
fact that an investigation of that individual is taking place, and the 
disclosure of which would weaken the on-going investigation, reveal 
investigatory techniques, and place confidential informants in jeopardy 
who furnished information under an express promise that the sources' 
identity would be held in confidence (or prior to the effective date of 
the Act, under an implied promise).
    (C) From subsections (d) and (f) because requiring OSD to grant 
access to records and agency rules for access and amendment of records 
would unfairly impede the investigation of allegations of unlawful 
activities. To require OSD to confirm or deny the existence of a record 
pertaining to a requesting individual may in itself provide an answer 
to that individual relating to an ongoing investigation. The 
investigation of possible unlawful activities would be jeopardized by 
agency rules requiring verification of record, disclosure of the record 
to the subject, and record amendment procedures.
    (21) System identifier and name: DWHS E05, Mandatory 
Declassification Review Files.
    (i) Exemption: Information classified under E.O. 13526, as 
implemented by DoD 5200.1-R, may be exempt pursuant to 5 U.S.C. 
552a(k)(1).
    (ii) Authority: 5 U.S.C. 552a(k)(1).
    (iii) Reasons: From subsection 5 U.S.C. 552a(d) because granting 
access to information that is properly classified pursuant to E.O. 
13526, as implemented by DoD 5200.1-R, may cause damage to the national 
security.
    (22) System identifier and name: DPFPA 05, Computer Aided Dispatch 
and Records Management System (CAD/RMS).
    (i) Exemption: Portions of this system that fall within 5 U.S.C. 
552a(j)(2) and/or (k)(2) are exempt from the following provisions of 5 
U.S.C. 552a, section (c)(3) and (4); (d); (e)(1) through (e)(3); 
(e)(4)(G) through (I); (e)(5); (e)(8); (f) and (g) of the Act, as 
applicable.
    (ii) Authority: 5 U.S.C. 552a(j)(2) and (k)(2).
    (iii) Reasons: (A) From subsections (c)(3) and (4) because making 
available to a record subject the accounting of disclosure from records 
concerning him or her would specifically reveal any investigative 
interest in the individual. Revealing this information could reasonably 
be expected to compromise ongoing efforts to investigate a known or 
suspected offender by notifying the record subject that he or she is 
under investigation. This information could also permit the record 
subject to take measures to impede the investigation, e.g. destroy 
evidence, intimidate potential witnesses, or flee the area to avoid or 
impede the investigation.
    (B) From subsection (d) because these provisions concern individual 
access to and amendment of certain records contained in this system, 
including law enforcement and investigatory records. Compliance with 
these provisions could alert the subject of an investigation of the 
fact and nature of the investigation, and/or the investigative interest 
of law enforcement agencies; compromise sensitive information related 
to national security; interfere with the overall law enforcement 
process by leading to the destruction of evidence, improper influencing 
of witnesses, fabrication of testimony, and/or flight of the subject; 
could identify a confidential source or disclose information which 
would constitute an unwarranted invasion of another's personal privacy; 
reveal a sensitive investigative or constitute a potential danger to 
the health or safety of law enforcement personnel, confidential 
informants, and witnesses. Amendment of these records would interfere 
with ongoing law enforcement investigations and analysis activities and 
impose an excessive administrative burden by requiring investigations, 
analyses, and reports to be continuously reinvestigated and revised.
    (C) From subsections (e)(1) through (e)(3) because it is not always 
possible to determine what information is relevant and necessary at an 
early stage in a given investigation. Also, because DoD and other 
agencies may not always know what information about a known or 
suspected offender may be relevant to law enforcement for the purpose 
of conducting an operational response.
    (D) From subsections (e)(4)(G) through (I) (Agency Requirements) 
because portions of this system are exempt from the access and 
amendment provisions of subsection (d).
    (E) From subsection (e)(5) because the requirement that records be 
maintained with attention to accuracy, relevance, timeliness, and 
completeness would unfairly hamper the criminal investigative process. 
It is the nature of criminal 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 
significant as further investigation brings new details to light.
    (F) From subsection (e)(8) because the requirement to serve notice 
on an individual when a record is disclosed under compulsory legal 
process could unfairly hamper law enforcement processes. It is the 
nature of law enforcement that there are instances where compliance 
with these provisions could alert the subject of an investigation of 
the fact and nature of the investigation, and/or the investigative 
interest of intelligence or law enforcement agencies; compromise 
sensitive information related to national security; interfere with the 
overall law enforcement process by leading to the destruction of 
evidence, improper influencing of witnesses, fabrication of testimony, 
and/or flight of the subject; reveal a sensitive investigative or 
intelligence technique; or constitute a potential danger to the health 
or safety of law enforcement personnel, confidential informants, and 
witnesses.
    (G) From subsection (f) because requiring the Agency to grant 
access to records and establishing agency rules for amendment of 
records would compromise the existence of any criminal, civil, or 
administrative enforcement activity. To require the confirmation or 
denial of the existence of a record pertaining to a requesting 
individual may in itself provide an answer to that individual relating 
to the existence of an on-going investigation. The investigation of 
possible unlawful activities would be jeopardized by agency rules 
requiring verification of the record, disclosure of the record to the 
subject, and record amendment procedures.
    (H) From subsection (g) for compatibility with the exemption 
claimed from subsection (f), the civil remedies provisions of 
subsection (g) must be suspended for this record system. Because of the 
nature of criminal investigations, standards of accuracy, relevance, 
timeliness and completeness cannot apply to this record system. 
Information gathered in criminal investigations if often fragmentary 
and leads relating to an individual in the context of one investigation 
may instead pertain to a second investigation.
    (23) System identifier and name: DMDC 17 DoD, Continuous Evaluation 
Records for Personnel Security.
    (i) Exemption: In the course of carrying out records checks for 
continuous evaluation, exempt records from other systems of records may 
in turn become part of the case records maintained in this system. To 
the extent that copies of exempt records from those `other' systems of 
records are maintained into this system, OSD

[[Page 46620]]

claims the same exemptions for the records from those `other' systems 
that are entered into this system, as claimed for the original primary 
system of which they are a part.
    (ii) Authority: 5 U.S.C. 552a(j)(2), (k)(1), (k)(2), (k)(3), 
(k)(5), (k)(6), and (k)(7).
    (iii) Reasons: Records are only exempt from pertinent provisions of 
5 U.S.C. 552a to the extent that 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 maintained 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 the 
President and others are not compromised; 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.
    (24) System identifier and name: DPFPA 06, Internal Affairs Records 
System.
    (i) Exemption: Portions of this system that fall within 5 U.S.C. 
552a(j)(2) and/or (k)(2) are exempt from the following provisions of 5 
U.S.C. 552a, section (c)(3) and (4); (d); (e)(1) through (e)(3); 
(e)(4)(G) through (I); (e)(5); (f) and (g) of the Act, as applicable.
    (ii) Authority: 5 U.S.C. 552a(j)(2) and (k)(2).
    (iii) Reasons: (A) From subsections (c)(3) and (4) because making 
available to a record subject the accounting of disclosure of 
investigations concerning him or her would specifically reveal an 
investigative interest in the individual. Revealing this information 
would reasonably be expected to compromise open or closed 
administrative or civil investigation efforts to a known or suspected 
offender by notifying the record subject that he or she is under 
investigation. This information could also permit the record subject to 
take measures to impede the investigation, e.g. destroy evidence, 
intimidate potential witnesses, or flee the area to avoid or impede the 
investigation.
    (B) From subsection (d) because these provisions concern individual 
access to and amendment of open or closed investigation records 
contained in this system, including law enforcement and investigatory 
records. Compliance with these provisions would provide the subject of 
an investigation of the fact and nature of the investigation, and/or 
the investigative interest of the Pentagon Force Protection Agency; 
compromise sensitive information related to national security; 
interfere with the overall law enforcement process by leading to the 
destruction of evidence, improper influencing of witnesses, fabrication 
of testimony, and/or flight of the subject; could identify a 
confidential informant or disclose information which would constitute 
an unwarranted invasion of another's personal privacy; reveal a 
sensitive investigative or constitute a potential danger to the health 
or safety of law enforcement personnel, confidential informants, and 
witnesses. Amendment of investigative records would interfere with open 
or closed administrative or civil law enforcement investigations and 
analysis activities and impose an excessive administrative burden by 
requiring investigations, analyses, and reports to be continuously 
reinvestigated and revised.
    (C) From subsections (e)(1) through (e)(3) because it is not always 
possible to determine what information is relevant and necessary in 
open or closed investigations.
    (D) From subsections (e)(4)(G) through (I) (Agency Requirements) 
because portions of this system are exempt from the access and 
amendment provisions of subsection (d).
    (E) From subsection (e)(5) because the requirement that 
investigative records be maintained with attention to accuracy, 
relevance, timeliness, and completeness would unfairly hamper the 
criminal, administrative, or civil investigative process. It is the 
nature of Internal Affairs investigations to uncover the commission of 
illegal acts and administrative violations. 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 significant as 
further investigation brings new details to light.
    (F) From subsection (f) because requiring the Agency to grant 
access to records and establishing agency rules for amendment of 
records would compromise the existence of any criminal, civil, or 
administrative enforcement activity. To require the confirmation or 
denial of the existence of a record pertaining to a requesting 
individual may in itself provide an answer to that individual relating 
to the existence of an on-going investigation. The investigation of 
possible unlawful activities would be jeopardized by agency rules 
requiring verification of the record, disclosure of the record to the 
subject, and record amendment procedures.
    (G) From subsection (g) for compatibility with the exemption 
claimed from subsection (f), the civil remedies provisions of 
subsection (g) must be suspended for this record system. Because of the 
nature of criminal, administrative and civil investigations, standards 
of accuracy, relevance, timeliness and completeness cannot apply to 
open or closed investigations in this record system. Information 
gathered in criminal investigations is often fragmentary and leads 
relating to an individual in the context of one investigation may 
instead pertain to a second investigation.
    (25) System identifier and name: DPFPA 07, Counterintelligence 
Management Information System (CIMIS).
    (i) Exemption: Portions of this system that fall within 5 U.S.C. 
552a(k)(2) are exempt from the following provisions of 5 U.S.C. 552a, 
section (c)(3); (d); (e)(1); (e)(4) (G) through (I); and (f) of the 
Act, as applicable.
    (ii) Authority: 5 U.S.C. 552a(k)(2).
    (iii) Reasons: (A) From subsections (c)(3) because making available 
to a record subject the accounting of disclosure from records 
concerning him or her would specifically reveal any investigative 
interest in the individual. Revealing this information could reasonably 
be expected to compromise ongoing efforts to investigate a known or 
suspected offender by notifying the record subject that he or she is 
under investigation. This information could also permit the record 
subject to take measures to impede the investigation, e.g. destroy 
evidence, intimidate potential witnesses, or flee the area to avoid or 
impede the investigation.
    (B) From subsection (d) because these provisions concern individual 
access to and amendment of certain records contained in this system, 
including counterintelligence, law enforcement, and investigatory 
records. Compliance with these provisions could alert the subject of an 
investigation of the fact and nature of the investigation, and/or the 
investigative interest of agencies; compromise sensitive information 
related to national security; interfere with the overall 
counterintelligence and investigative process by leading to the 
destruction of evidence, improper

[[Page 46621]]

influencing of witnesses, fabrication of testimony, and/or flight of 
the subject; could identify a confidential source or disclose 
information which would constitute an unwarranted invasion of another's 
personal privacy; reveal a sensitive investigation or constitute a 
potential danger to the health or safety of law enforcement personnel, 
confidential informants, and witnesses. Amendment of these records 
would interfere with ongoing counterintelligence investigations and 
analysis activities and impose an excessive administrative burden by 
requiring investigations, analyses, and reports to be continuously 
reinvestigated and revised.
    (C) From subsection (e)(1) because it is not always possible to 
determine what information is relevant and necessary at an early stage 
in a given investigation. Also, because Pentagon Force Protection 
Agency and other agencies may not always know what information about a 
known or suspected offender may be relevant to for the purpose of 
conducting an operational response.
    (D) From subsections (e)(4)(G) through (I) (Agency Requirements) 
because portions of this system are exempt from the access and 
amendment provisions of subsection (d).
    (E) From subsection (f) because requiring the Agency to grant 
access to records and establishing agency rules for amendment of 
records would compromise the existence of any criminal, civil, or 
administrative enforcement activity. To require the confirmation or 
denial of the existence of a record pertaining to a requesting 
individual may in itself provide an answer to that individual relating 
to the existence of an on-going investigation. Counterintelligence 
investigations would be jeopardized by agency rules requiring 
verification of the record, disclosure of the record to the subject, 
and record amendment procedures.
    (26) System identifier and name: DMDC 16 DoD, Identity Management 
Engine for Security and Analysis (IMESA).
    (i) Exemption: To the extent that copies of exempt records from 
JUSTICE/FBI-001, National Crime Information Center (NCIC) are entered 
into the Interoperability Layer Service records, the OSD hereby claims 
the same exemptions, (j)(2) and (k)(3), for the records as claimed in 
JUSTICE/FBI- 001, National Crime Information Center (NCIC). Pursuant to 
5 U.S.C. 552a portions of this system that fall within (j)(2) and 
(k)(3) are exempt from the following provisions of 5 U.S.C. 552a, 
section (c)(3) and (4); (d); (e)(1) through (3); (e)(4)(G) through (I); 
(e)(5) and (8); (f); and (g) (as applicable) of the Act.
    (ii) Authority: 5 U.S.C. 552a(j)(2) and (k)(3).
    (iii) Reasons: (A) From subsection (c)(3) because making available 
to a record subject the accounting of disclosure from records 
concerning him or her would specifically reveal any investigative 
interest in the individual. Revealing this information could reasonably 
be expected to compromise ongoing efforts to investigate a known or 
suspected terrorist by notifying the record subject that he or she is 
under investigation. This information could also permit the record 
subject to take measures to impede the investigation, e.g. destroy 
evidence, intimidate potential witnesses, or flee the area to avoid or 
impede the investigation.
    (B) From subsection (c)(4) because portions of this system are 
exempt from the access and amendment provisions of subsection (d).
    (C) From subsection (d) because these provisions concern individual 
access to and amendment of certain records contained in this system, 
including law enforcement, counterterrorism, investigatory, and 
intelligence records. Compliance with these provisions could alert the 
subject of an investigation of the fact and nature of the 
investigation, and/or the investigative interest of intelligence or law 
enforcement agencies; compromise sensitive information related to 
national security; interfere with the overall law enforcement process 
by leading to the destruction of evidence, improper influencing of 
witnesses, fabrication of testimony, and/or flight of the subject; 
could identify a confidential source or disclose information which 
would constitute an unwarranted invasion of another's personal privacy; 
reveal a sensitive investigative or intelligence technique; or 
constitute a potential danger to the health or safety of law 
enforcement personnel, confidential informants, and witnesses. 
Amendment of these records would interfere with ongoing 
counterterrorism, law enforcement, or intelligence investigations and 
analysis activities and impose an impossible administrative burden by 
requiring investigations, analyses, and reports to be continuously 
reinvestigated and revised.
    (D) From subsection (e)(1) because it is not always possible to 
determine what information is relevant and necessary to complete an 
identity comparison between the individual seeking access and a known 
or suspected terrorist. Also, because DoD and other agencies may not 
always know what information about an encounter with a known or 
suspected terrorist will be relevant to law enforcement for the purpose 
of conducting an operational response.
    (E) From subsection (e)(2) because application of this provision 
could present a serious impediment to counterterrorism, law 
enforcement, or intelligence efforts in that it would put the subject 
of an investigation, study, or analysis on notice of that fact, thereby 
permitting the subject to engage in conduct designed to frustrate or 
impede that activity. The nature of counterterrorism, law enforcement, 
or intelligence investigations is such that vital information about an 
individual frequently can be obtained only from other persons who are 
familiar with such individual and his/her activities. In such 
investigations, it is not feasible to rely upon information furnished 
by the individual concerning his own activities.
    (F) From subsection (e)(3) to the extent that this subsection is 
interpreted to require DoD to provide notice to an individual if DoD or 
another agency receives or collects information about that individual 
during an investigation or from a third party. Should this subsection 
be so interpreted, exemption from this provision is necessary to avoid 
impeding counterterrorism, law enforcement, or intelligence efforts by 
putting the subject of an investigation, study, or analysis on notice 
of that fact, thereby permitting the subject to engage in conduct 
intended to frustrate or impede the activity.
    (G) From subsection (e)(4)(G), (e)(4)(H), and (e)(4)(I) (Agency 
Requirements) because portions of this system are exempt from the 
access and amendment provisions of subsection (d).
    (H) From subsection (e)(5) because the requirement that records be 
maintained with attention to accuracy, relevance, timeliness, and 
completeness could unfairly hamper law enforcement processes. It is the 
nature of law enforcement to uncover the commission of illegal acts at 
diverse stages. It is often 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 details are brought to light.
    (I) From subsection (e)(8) because the requirement to serve notice 
on an individual when a record is disclosed under compulsory legal 
process could unfairly hamper law enforcement processes. It is the 
nature of law enforcement that there are instances

[[Page 46622]]

where compliance with these provisions could alert the subject of an 
investigation of the fact and nature of the investigation, and/or the 
investigative interest of intelligence or law enforcement agencies; 
compromise sensitive information related to national security; 
interfere with the overall law enforcement process by leading to the 
destruction of evidence, improper influencing of witnesses, fabrication 
of testimony, and/or flight of the subject; reveal a sensitive 
investigative or intelligence technique; or constitute a potential 
danger to the health or safety of law enforcement personnel, 
confidential informants, and witnesses.
    (J) From subsection (f) because requiring the Agency to grant 
access to records and establishing agency rules for amendment of 
records would unfairly impede the agency's law enforcement mission. To 
require the confirmation or denial of the existence of a record 
pertaining to a requesting individual may in itself provide an answer 
to that individual relating to the existence of an on-going 
investigation. The investigation of possible unlawful activities would 
be jeopardized by agency rules requiring verification of the record, 
disclosure of the record to the subject, and record amendment 
procedures.
    (K) From subsection (g) to the extent that the system is exempt 
from other specific subsections of the Privacy Act.
    (27) System identifier and name: DMDC 24 DoD, Defense Information 
System for Security (DISS).
    (i) 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.
    (ii) Authority: 5 U.S.C. 552a(k)(5).
    (iii) Reasons: (A) From subsections (c)(3) and (d) when access to 
accounting disclosure and access to or amendment of records would cause 
the identity of a confidential source to be revealed. Disclosure of the 
source's identity not only will result in the Department breaching the 
promise of confidentiality made to the source but it will impair the 
Department's future ability to compile investigatory material for the 
purpose of determining suitability, eligibility, or qualifications for 
Federal civilian employment, Federal contracts, or access to classified 
information. Unless sources can be assured that a promise of 
confidentiality will be honored, they will be less likely to provide 
information considered essential to the Department in making the 
required determinations.
    (B) From subsection (e)(1) because in the collection of information 
for investigatory purposes, it is not always possible to determine the 
relevance and necessity of particular information in the early stages 
of the investigation. It is only after the information is evaluated in 
light of other information that its relevance and necessity becomes 
clear. Such information permits more informed decision-making by the 
Department when making required suitability, eligibility, and 
qualification determinations.

    Dated: August 20, 2018.
Aaron T. Siegel,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 2018-18213 Filed 9-12-18; 8:45 am]
 BILLING CODE 5001-06-P