46542 Federal Register / Vol. 83, No. 178 / Thursday, September 13, 2018 / Proposed Rules 

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. 

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: http://

www.regulations.gov. Follow the 

instructions for submitting comments. 

• Mail: Department of Defense, Office 

of the Chief Management Officer, 

Directorate for Oversight and 

Compliance, 4800 Mark Center Drive, 

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 

http://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. 

Rule Component 

# 2016 

Access & 

amdmt 

requests 

40% of 

privacy 

requests 

(%) 

Time per 

request 

(minutes) 

Hourly 

wage 

of 

requester 

Projected 

cost 

savings 

to public 

311 ................................. OSD/JS .......................... 2,530 × 40 × 30 × $37.72 = $19,086.32 

312 ................................. DoDIG ............................ 196 × 40 × 30 × 37.72 = 1,478.62 

313 ................................. CJCS/JS ........................ 0 × 40 × 30 × 37.72 = 0.00 

314 ................................. DARPA ........................... 0 × 40 × 30 × 37.72 = 0.00 

315 ................................. USUHS .......................... 0 × 40 × 30 × 37.72 = 0.00 

316 ................................. DISA ............................... 65 × 40 × 30 × 37.72 = 490.36 

317 ................................. DCAA ............................. 10 × 40 × 30 × 37.72 = 75.44 

318 ................................. DTRA ............................. 9 × 40 × 30 × 37.72 = 67.90 

319 ................................. DIA ................................. 99 × 40 × 30 × 37.72 = 746.86 

320 ................................. NGA ............................... 11 × 40 × 30 × 37.72 = 82.98 


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Federal Register / Vol. 83, No. 178 / Thursday, September 13, 2018 / Proposed Rules 46543 

Rule Component 

# 2016 

Access & 

amdmt 

requests 

40% of 

privacy 

requests 

(%) 

Time per 

request 

(minutes) 

Hourly 

wage 

of 

requester 

Projected 

cost 

savings 

to public 

321 ................................. DSS ................................ 34 × 40 × 30 × 37.72 = 256.50 

322 ................................. NSA/CSA ....................... 206 × 40 × 30 × 37.72 = 1,554.06 

323 ................................. DLA ................................ 431 × 40 × 30 × 37.72 = 3,251.46 

324 ................................. DFAS ............................. 261 × 40 × 30 × 37.72 = 1,968.98 

326 ................................. NRO ............................... 18 × 40 × 30 × 37.72 = 135.79 

327 ................................. DeCA ............................. 16 × 40 × 30 × 37.72 = 120.70 

329 ................................. NGB ............................... 126 × 40 × 30 × 37.72 = 950.54 

505 ................................. Army ............................... 2,834 × 40 × 30 × 37.72 = 21,379.70 

701 ................................. DON ............................... 1,055 × 40 × 30 × 37.72 = 7,958.92 

806b ............................... AF .................................. 541 × 40 × 30 × 37.72 = 4,081.30 

Total ........................ ........................................ ................ ................ ................ ................ ................ ................ ................ ................ 63,686.45 

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 

§ 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. 

§ 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 

§ 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 

http://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. 

§ 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. 

§ 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 http:// 

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 § 310.6. The statement 

will include the position title and the 

address of the appellate authority. 

§ 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. 

§ 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 §§ 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 quasijudicial 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 

§ 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 § 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. 

§ 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. 

§ 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 § 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 

§ 310.6. 

§ 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. 

§ 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 

§ 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 


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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. 

§ 310.13 Exemptions for DoD-wide 

systems. 

(a) DoD-wide exemptions for DoDwide 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] 

§ 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 


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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). 


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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 


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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 


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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 


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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. 


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(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. 


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(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 


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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 SystemExplosive 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 


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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. 

§ 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 


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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: http://dpcld.defense.

gov/Privacy/DODComponentArticleList/ 

tabid/6799/Category/278/departmentof-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 


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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 


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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 


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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 


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


daltland on DSKBBV9HB2PROD with PROPOSALS2
46562 Federal Register / Vol. 83, No. 178 / Thursday, September 13, 2018 / Proposed Rules 

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 


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


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46564 Federal Register / Vol. 83, No. 178 / Thursday, September 13, 2018 / Proposed Rules 

(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 


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


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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 


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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 


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46568 Federal Register / Vol. 83, No. 178 / Thursday, September 13, 2018 / Proposed Rules 

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. 


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(E) From subsection (e)(4)(I) because 

the identity of specific sources must be 

withheld in order to protect the 

confidentiality of the sources of 

criminal and other law enforcement 

information. This exemption is further 

necessary to protect the privacy and 

physical safety of witnesses and 

informants. 

(F) From subsection (f) because 

portions of this system of records have 

been exempted from the access 

provisions of subsection (d). 

(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. 


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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 


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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 


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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). 


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(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 


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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 


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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. 

§ 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. 


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(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 


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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 


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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), 


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(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 caserelated 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 


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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. 


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(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. 

§ 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] 


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§ 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] 

§ 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] 

§ 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, 


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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 


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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 


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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. 

§ 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 


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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 


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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 


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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 


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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. 

§ 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 


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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 


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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 jointinvestigation 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] 

§ 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 


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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] 

§ 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 


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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 caseby-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-bycase 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 


daltland on DSKBBV9HB2PROD with PROPOSALS2
46594 Federal Register / Vol. 83, No. 178 / Thursday, September 13, 2018 / Proposed Rules 

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. 


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(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 


daltland on DSKBBV9HB2PROD with PROPOSALS2
46596 Federal Register / Vol. 83, No. 178 / Thursday, September 13, 2018 / Proposed Rules 

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] 

§ 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 


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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. 

§ 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 


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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 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, 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 


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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, 


daltland on DSKBBV9HB2PROD with PROPOSALS2
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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 caseby-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 


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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. 

§ 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 lawenforcement purposes by non-law 

enforcement activities and which is not 

within the scope of § 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 


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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. 


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(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 


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46604 Federal Register / Vol. 83, No. 178 / Thursday, September 13, 2018 / Proposed Rules 

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 


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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. 


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(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, 


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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, 


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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 


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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 


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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. 

§ 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 ongoing 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 


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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 ongoing 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. 


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(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. 


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(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. 

§ 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 § 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), 


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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 


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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 


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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 


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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). 


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(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 


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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 


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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 


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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 


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46622 Federal Register / Vol. 83, No. 178 / Thursday, September 13, 2018 / Proposed Rules 

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 


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