[Federal Register Volume 61, Number 166 (Monday, August 26, 1996)]
[Rules and Regulations]
[Pages 43657-43668]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-21682]
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DEPARTMENT OF DEFENSE
Department of the Army
32 CFR Part 505
Privacy Program
AGENCY: Department of the Army, DOD.
ACTION: Final rule.
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SUMMARY: The Department of the Army is revising its Privacy Act
exemption regulations to correct minor administrative errors. No
additions to exemption rules are being made at this time.
EFFECTIVE DATE: August 26, 1996.
FOR FURTHER INFORMATION CONTACT: Ms. Pat Turner at (520) 538-6856 or
DSN 879-6856.
SUPPLEMENTARY INFORMATION: Executive Order 12866. The Director,
Administration and Management, Office of the Secretary of Defense has
determined that this Privacy Act rule for the Department of Defense
does not constitute 'significant regulatory action'. Analysis of the
rule indicates that it does not have an annual effect on the economy of
$100 million or more; does not create a serious inconsistency or
otherwise interfere with an action taken or planned by another agency;
does not materially alter the budgetary impact of entitlements, grants,
user fees, or loan programs or the rights and obligations of recipients
thereof; does not raise novel legal or policy issues arising out of
legal mandates, the President's priorities, or the principles set forth
in Executive Order 12866 (1993).
Regulatory Flexibility Act of 1980. The Director, Administration and
Management, Office of the Secretary of Defense certifies that this
Privacy Act rule for the Department of Defense does not have
significant economic impact on a substantial number of small entities
because it is concerned only with the administration of Privacy Act
systems of records within the Department of Defense.
Paperwork Reduction Act. The Director, Administration and Management,
Office of the Secretary of Defense certifies that this Privacy Act rule
for the Department of Defense imposes no information requirements
beyond the Department of Defense and that the information collected
within the Department of Defense is necessary and consistent with 5
U.S.C. 552a, known as the Privacy Act of 1974.
List of Subjects in 32 CFR Part 505
Privacy.
Accordingly, 32 CFR part 505 is amended as follows:
1. The authority citation for 32 CFR part 505 continues to read as
follows:
Authority: Pub. L. 93-579, 88 Stat 1896 (5 U.S.C.552a).
2. Section 505.5 is revised to read as follows:
Sec. 505.5 Exemptions.
(a) Exempting systems of records. The Secretary of the Army may
exempt Army systems of records from certain requirements of the Privacy
Act. There are two kinds of exemptions: General and specific. The
general exemption relieves systems of records from most requirements of
the Act; the specific exemptions from only a few. See appendix C to
this part.
(b) General exemptions. Only Army activities actually engaged in
the enforcement of criminal laws as their primary function may claim
the general exemption. To qualify for this exemption, a system must
consist of:
(1) Information compiled to identify individual criminals and
alleged criminals, 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 efforts to prevent, reduce, or control crime and reports of
informants and investigators associated with an identifiable
individual; or
(3) Reports identifiable to an individual, compile at any stage of
the process of enforcement of the criminal laws, from arrest or
indictment through release from supervision.
(c) Specific exemptions. The Secretary of the Army has exempted all
properly classified information and a few systems of records that have
the following kinds of information, from certain parts of the Privacy
Act. The Privacy Act exemption cite appears in parentheses after each
category.
(1) Classified information in every Army system of records. This
exemption is not limited to the systems listed in Sec. 505.5(d). Before
denying as 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 data for law enforcement purposes (other than
that claimed under the general exemption). However, if this information
has been used to deny someone a right, privilege or benefit to which
the individual is entitled by Federal law, it must be released, unless
doing so would reveal the identity of a confidential source. (5 U.S.C.
552a(k)(2)).
(3) Records maintained in connection with providing protective
services to the President of the United States or other individuals
protected pursuant to Title 18 U.S.C., section 3056. (5 U.S.C.
552a(k)(3)).
(4) Statistical data required by statute and used only for
statistical purposes and not to make decisions on the rights, benefits,
or entitlements of individuals, except for census records which may be
disclosed under Title 13 U.S.C., section 8. (5 U.S.C. 552a(k)(4)).
(5) Data compiled 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 identify of a confidential
source. (5 U.S.C. 552a(k)(5)).
(6) Testing material used 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) Information 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)).
(d) Procedures. When a system manager seeks an exemption for a
system of records, the following information will be furnished to the
Director of Information Systems for Command, Control, Communications
and Computers, Washington, DC 20310-0107; applicable system notice,
exemptions sought, and justification. After appropriate staffing and
approval by the Secretary of the Army, a proposed rule will be
published in the Federal Register, followed, by a final rule 60 days
later. No exemption may be invoked until these steps have been
completed.
(e) Exempt Army records. The following records may be exempt from
certain parts of the Privacy Act:
(1) A0020-1aSAIG.
[[Page 43658]]
(i) System name: Inspector General Investigative Files.
(ii) Exemption: All portions of this system of records which fall
within the scope of 5 U.S.C. 552a(k)(2) or (k)(5) may be exempt from
the provisions of 5 U.S.C. 552a(c)(3), (d), (e)(4)(G), (e)(4)(H), and
(f).
(iii) Authority: 5 U.S.C. 552a(k)(2) and (k)(5).
(iv) Reasons: Selected portions and/or records in this system are
compiled for the purposes of enforcing civil, criminal, or military
law, including executive orders or regulations validly adopted pursuant
to law. Granting individuals access to information collected and
maintained in these files could interfere with enforcement proceedings;
deprive a person of a right to fair trial or an impartial adjudication
or be prejudicial to the conduct of administrative action affecting
rights, benefits, or privileges of individuals, constitute an
unwarranted invasion of personal privacy; disclose the identity of a
confidential source; disclose nonroutine investigative techniques and
procedures, or endanger the life or physical safety of law enforcement
personnel; violate statutes which authorize or require certain
information to be withheld from the public such as: Trade or financial
information, technical data, National Security Agency information, or
information relating to inventions. Exemption from access necessarily
includes exemption from the other requirements.
(2) A0020-1bSAIG.
(i) System name: Inspector General Action Request/Assistance Files.
(ii) Exemption: All portions of this system of records which fall
within the scope of 5 U.S.C. 552a(k)(2) or (k)(5) may be exempt from
the provisions of 5 U.S.C. 552a(c)(3), (d), (e)(4)(G), (e)(4)(H), and
(f).
(iii) Authority: 5 U.S.C. 552a(k)(2) and (k)(5).
(iv) Reasons: Selected portions and/or records in this system are
compiled for the purposes of enforcing civil, criminal, or military
law, including Executive Orders or regulations validly adopted pursuant
to law. Granting individuals access to information collected and
maintained in these files could interfere with enforcement proceedings;
deprive a person of a right to fair trail or an impartial ajudication
or be prejudicial to the conduct of administrative action affecting
rights, benefits, or privileges of individuals; constitute an
unwarranted invasion of personnel privacy; disclose the identity of a
confidential source; disclose nonroutine investigative techniques and
procedures, or endanger the life or physical safety of law enforcement
personnel; violate statutes which authorize or require certain
information, to be withheld from the public such as: Trade or financial
information, technical data, National Security Agency information, or
information relating to inventions. Exemption from access necessarily
includes exemption from the other requirements.
(3)A0025-55SAIS.
(i) System name: Request for Information Files.
(ii) Exemption: (A) All portions of this system of records which
fall within the scope of 5 U.S.C. 552a(j)(2) may be exempt from the
provisions of 5 U.S.C. 552a(c)(3), (c)(4), (d), (e)(1), (e)(2), (e)(3),
(e)(4)(G), (e)(4)(H), (e)(5), (e)(8), (f) and (g).
(B) All portions of the system maintained by offices of Initial
Denying Authorities which do not have a law enforcement mission and
which fall within the scope of 5 U.S.C. 552a(k)(1) through (k)(7) may
be exempt from the provisions of 5 U.S.C. 552a(c)(3), (d), (e)(1),
(e)(4)(G), (e)(4)(H), and (f).
(iii) Authority: 5 U.S.C. 552a(j)(2), and (k)(1) through (k)(7).
(iv) Reasons: This system of records is maintained solely for the
purpose of administering the Freedom of Information Act and processing
routine requests for information. To insure an accurate and complete
file on each case, it is sometimes necessary to include copies of
records which have been the subject of a Freedom of Information Act
request. This situation applies principally to cases in which an
individual has been denied access and/or amendment of personal records
under an exemption authorized by 5 U.S.C. 552. The same justification
for the original denial would apply to denial of access to copies
maintained in the Freedom of Information Act file. It should be
emphasized that the majority of records in this system are available on
request to the individual and that all records are used solely to
process requests. This file is not used to make any other
determinations on the rights, benefits or privileges of individuals.
(4)A0027-1DAJA.
(i) System name: General Legal Files.
(ii) Exemption: All portions of this system of records which fall
within the scope of 5 U.S.C. 552a(k)(1), (k)(2), (k)(5), (k)(6), and
(k)(7) may be exempt from the provisions of 5 U.S.C. 552a(c)(3), (d),
(e)(1), and (f).
(iii) Authority: 5 U.S.C. 552a(k)(1), (k)(2), (k)(5), (k)(6), and
(k)(7).
(iv) Reasons: Various records from other exempted systems of
records are sometimes submitted for legal review or other action. A
copy of such records may be permanently incorporated into the General
Legal Files system of records as evidence of the facts upon which a
legal opinion or review was based. Exemption of the General Legal Files
system of records is necessary in order to ensure that such records
continue to receive the same protection afforded them by exemptions
granted to the systems of records in which they were originally filed.
(5) A0027-10aDAJA.
(i) System name: Prosecutorial Files.
(ii) Exemption: All portions of this system of records which fall
within the scope of 5 U.S.C. 552a(j)(2) may be exempt from the
provisions of 5 U.S.C. 552a(c)(3), (c)(4), (d), (e)(2), (e)(3),
(e)(4)(G), (e)(4)(H), (e)(8), (f), and (g).
(iii) Authority: 5 U.S.C. 552a(j)(2).
(iv) Reasons: (A) From subsection (c)(4), (d), (e)(4)(G),
(e)(4)(H), (f) and (g) because granting individuals access to
information collected and maintained by this component relating to the
enforcement of laws could interfere with proper investigations and the
orderly administration of justice. 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 ineffectual investigative techniques, sources and methods
used by this component, and could result in the invasion of the privacy
of individuals only incidentally related to an investigation. Exemption
from access necessarily includes exemption from other requirements.
(B) From subsection (c)(3) because the release of accounting of
disclosure would place the subject of an investigation on notice that
he is under investigation and provide him with significant information
concerning the nature of the investigation, thus resulting in a serious
impediment to law enforcement investigations.
(C) From subsection (e)(2) because in a criminal or other law
enforcement investigation, 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 the
investigation and thereby present a serious impediment to effective law
enforcement.
(D) From subsection (e)(3) because compliance would constitute a
serious
[[Page 43659]]
impediment to law enforcement in that it could compromise the existence
of a confidential investigation or reveal the identity of witnesses or
confidential informants.
(E) From subsection (e)(8) because compliance with this provision
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.
(6) A0027-10bDAJA.
(i) System name: Courts-Martial Files.
(ii) Exemption: All portions of this system of records which fall
within the scope of 5 U.S.C. 552a(j)(2) may be exempt from the
provisions of 5 U.S.C. 552a(d)(2), (d)(4), (e)(2), (e)(3), (e)(4)(H),
and (g).
(iii) Authority: 5 U.S.C. 552a(j)(2).
(iv) Reasons: Courts-martial files are exempt because a large body
of existing criminal law governs trials by courts-martial to the
exclusion of the Privacy Act. The Congress recognized the judicial
nature of courts-martial proceedings and exempt them from the
Administrative Procedures Act by specifically excluding them from the
definition of the term `agency' (Title 5 U.S.C. 551(1)(f)). Substantive
and procedural law applicable in trials by court-martial is set forth
in the Constitution, the Uniform Code of Military Justice (UCMJ) Manual
for Courts-Martial, United States, 1969 (Revised edition), and the
decisions of the U.S. Court of Military Appeals and Courts of Military
Review. The right of the accused not to be compelled to be a witness
against himself and the need to obtain accurate and reliable
information with regard to criminal misconduct necessitate the
collection of information from sources other than the individual
accused. Advising the accused or any other witness of the authority for
collection of the information, the purpose for which it is to be used,
whether disclosure is voluntary or mandatory, and the effects on the
individual of not providing the information would unnecesarily disrupt
and confuse court-martial preceedings. It is the responsibility of the
investigating officer or military judge to determine what information
will be considered as evidence. In making the determination, the
individual's rights are weighed against the accused's right to fair
trial. The determination is final for the moment and the witness'
failure to comply with the decision would delay the proceeding and may
result in prosecution of the witness for wrongful refusal to testify.
In a trial by court-martial, the accused has a unique opportunity to
assure that the record is accurate, relevant, timely, and complete as
it is made. He has the right to be present and the trial, to be
represented by counsel at general and special courts-martial, and to
consult with counsel in summary courts-martial, to review and challenge
all information before it is introduced into evidence, to cross-examine
all witnesses against him, to present evidence in his behalf and in
general and special courts-martial, to review and comment upon the
record for trial before it is authenticated. Procedures for correction
of the record and controlled by paragraphs 82, 86, and 95, Manual for
Courts-Martial, 1969 (Revised edition). After completion of appellate
review, the record may not be amended. Article 76 of the Uniform Code
of Military Justice (10 U.S.C. 876) provides that the proceedings,
findings and sentences of courts-martial as approved, reviewed or
affirmed are final and conclusive and binding upon all departments,
courts, agencies, and of the United States subject only to action upon
a petition for new trial (Article 73, UCMJ), action by the Secretary
concerned (Article 74, UCMJ), and the authority of the President.
(7) A0190-5DAMO.
(i) System name: Vehicle Registration System (VRS).
(ii) Exemption: All portions of this system of records which fall
within the scope of 5 U.S.C. 552a(j)(2) may be exempt from the
provisions of 5 U.S.C. 552a(c)(3), (c)(4), (d), (e)(2), (e)(3),
(e)(4)(G), (e)(4)(H), (e)(8), (f), and (g).
(iii) Authority: 5 U.S.C. 552a(j)(2).
(iv) Reasons: (A) From subsections (c)(4), (d), (e)(4)(G),
(e)(4)(H), (f) and (g) because granting individuals access to
information collected and maintained by this component relating to the
enforcement of laws could interfere with proper investigations and the
orderly administration of justice. 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 ineffectual investigative techniques, sources and methods
used by this component, and could result in the invasion of the privacy
of individuals only incidentally related to an investigation. Exemption
from access necessarily includes exemption from other requirements.
(B) From subsection (c)(3) because the release of accounting of
disclosure would place the subject of an investigation on notice that
he is under investigation and provide him with significant information
concerning the nature of the investigation, thus resulting in a serious
impediment to law enforcement investigations.
(C) From subsection (e)(2) because in a criminal or other law
enforcement investigation, 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 the
investigation and thereby present a serious impediment to effective law
enforcement.
(D) 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.
(E) From subsection (e)(8) because compliance with this provision
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.
(8) A0190-9DAMO.
(i) System name: Absentee Case Files.
(ii) Exemption: All portions of this system of records which fall
within the scope of 5 U.S.C. 552a(j)(2) may be exempt from the
provisions of 5 U.S.C. 552a(c)(3), (c)(4), (d), (e)(2), (e)(3),
(e)(4)(G), (e)(4)(H), (e)(8), (f), and (g).
(iii) Authority: 5 U.S.C. 552a(j)(2).
(iv) Reasons: (A) From subsection (c)(4), (d), (e)(4)(G),
(e)(4)(H), (f) and (g) because granting individuals access to
information collected and maintained by this component relating to the
enforcement of laws could interfere with proper investigations and the
orderly administration of justice. 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 ineffectual investigative techniques, sources and methods
used by this component, and could result in the invasion of the privacy
of individuals only incidentally related to an investigation. Exemption
from access necessarily includes exemption from other requirements.
(B) From subsection (c)(3) because the release of accounting of
disclosure
[[Page 43660]]
would place the subject of an investigation on notice that he is under
investigation and provide him with significant information concerning
the nature of the investigation, thus resulting in a serious impediment
to law enforcement investigations.
(C) From subsection (e)(2) because in a criminal or other law
enforcement investigation, 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 the
investigation and thereby present a serious impediment to effective law
enforcement.
(D) 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.
(E) From subsection (e)(8) because compliance with this provision
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.
(9) A0190-14DAMO.
(i) System name: Registration and Permit Files.
(ii) Exemption: 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).
(iii) Authority: 5 U.S.C. 552a(k)(2).
(iv) Reasons: From subsection (c)(3) because the release of
accounting of disclosures would place the subject of an investigation
on notice that he or she is under investigation and provide him or her
with significant information concerning the nature of the investigation
thus resulting in a serious impediment to criminal law enforcement
investigations, activities or the compromise of properly classified
material.
(10) A0190-30DAMO.
(i) System name: Military Police Investigator Certification Files.
(ii) Exemption: All portions of this system of records which fall
within the scope of 5 U.S.C. 552a(k)(2), (k)(5), and (k)(7) may be
exempt from the provisions of 5 U.S.C. 552a(d), (e)(4)(G), (e)(4)(H),
and (f).
(iii) Authority: 5 U.S.C. 552a(k)(2), (k)(5) and (k)(7).
(iv) Reasons: From subsections (d), (e)(4)(G), (e)(4)(H), and (f)
because disclosure of portions of the information in this system of
records would seriously impair selection and management of these
uniquely functioning individuals; hamper the inclusion of comments,
reports and evaluations concerning the performance, qualifications,
character, actions, and propensities of the agency; and prematurely
compromise investigations which either concern the conduct of the agent
himself or herself, or investigations wherein he or she is integrally
or only peripherally involved. Additionally, the exemption from access
necessarily includes exemptions from the amendment and the agency
procedures that would otherwise be required to process these types of
requests.
(11) A0190-40DAMO.
(i) System name: Serious Incident Reporting Files.
(ii) Exemption: All portions of this system of records which fall
within the scope of 5 U.S.C. 552a(j)(2) may be exempt from the
provisions of 5 U.S.C. 552a(c)(3), (c)(4), (d), (e)(2), (e)(3),
(e)(4)(G), (e)(4)(H), (e)(8), (f), and (g).
(iii) Authority: 5 U.S.C. 552a(j)(2).
(iv) Reasons: (A) From subsection (c)(4), (d), (e)(4)(G),
(e)(4)(H), (f) and (g) because granting individuals access to
information collected and maintained by this component relating to the
enforcement of laws could interfere with proper investigations and the
orderly administration of justice. 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 ineffectual investigative techniques, sources, and methods
used by this component, and could result in the invasion of the privacy
of individuals only incidentally related to an investigation. Exemption
from access necessarily includes exemption from the other requirements.
(B) From subsection (c)(3) because of the release of accounting of
disclosure would place the subject of an investigation on notice that
he is under investigation and provide him with significant information
concerning the nature of the investigation, thus resulting in a serious
impediment to law enforcement investigations.
(C) From subsection (e)(2) because in a criminal or other law
enforcement investigation, they require that information be collected
to the greatest extent practicable 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.
(D) 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.
(E) From subsection (e)(8) because compliance with this provision
would provide an impediment to law enforcement by interfering with the
ability to issue warrants or subpoenas and be revealing investigative
techniques, procedures or evidence.
(12) A0190-45DAMO
(i) System name: Offense Reporting System (ORS).
(ii) Exemption: All portions of this system of records which fall
within the scope of 5 U.S.C. 552a(j)(2) may be exempt from the
provisions of 5 U.S.C. 552a(c)(3), (c)(4), (d), (e)(2), (e)(3),
(e)(4)(G), (e)(4)(H), (e)(8), (f), and (g).
(iii) Authority: 5 U.S.C. 552a(j)(2).
(iv) Reasons: (A) From subsection (c)(4), (d), (e)(4)(G),
(e)(4)(H), (f) and (g) because granting individuals access to
information collected and maintained by this component relating to the
enforcement of laws could interfere with proper investigations and the
orderly administration of justice. 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 ineffectual investigative techniques, sources, and methods
used by this component, and could result in the invasion of the privacy
of individuals only incidentally related to an investigation. Exemption
from access necessarily includes exemption from the other requirements.
(B) From subsection (c)(3) because of the release of accounting of
disclosure would place the subject of an investigation on notice that
he is under investigation and provide him with significant information
concerning the nature of the investigation, thus resulting in a serious
impediment to law enforcement investigations.
(C) From subsection (e)(2) because in a criminal or other law
enforcement investigation, they require that information be collected
to the greatest extent practicable from the subject
[[Page 43661]]
individual would alert the subject as to the nature or existence of the
investigation and thereby present a serious impediment to effective law
enforcement.
(D) 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.
(E) From subsection (e)(8) because compliance with this provision
would provide an impediment to law enforcement by interfering with the
ability to issue warrants or subpoenas and be revealing investigative
techniques, procedures or evidence.
(13)A0190-47DAMO.
(i) System name: Correctional Reporting System (CRS).
(ii) Exemption: All portions of this system of records which fall
within the scope of 5 U.S.C. 552a(j)(2) may be exempt from the
provisions of 5 U.S.C. 552a(c)(3), (c)(4), (d), (e)(3), (e)(4)(G),
(e)(4)(H), (e)(5), (e)(8), (f), and (g).
(iii) Authority: 5 U.S.C. 552a(j)(2).
(iv) Reasons: Granting individuals access to information collected
and maintained by this component relating to the enforcement of
criminal laws could interfere with the orderly administration of
justice. Disclosure of this information could jeopardize the safety and
well- being of information sources, correctional supervisors and other
confinement facility administrators. Disclosure of the information
could also result in the invasion of privacy of persons who provide
information used in developing individual treatment programs. Further,
disclosure could result in a deterioration of a prisoner's self-image
and adversely affect meaningful relationships between a prisoner and
his counselor or supervisor. These factors are, or course, essential to
the rehabilitative process. Exemption from the remaining provisions is
predicated upon the exemption from disclosure or upon the need for
proper functioning of correctional programs.
(14) A0195-2aUSACIDC.
(i) System name: Source Register.
(ii) Exemption: All portions of this system of records which fall
within the scope of 5 U.S.C. 552a(j)(2) may be exempt from the
provisions of 5 U.S.C. 552a(c)(3), (c)(4), (d), (e)(1), (e)(2), (e)(3),
(e)(4)(G), (e)(5), (e)(8), (f), and (g).
(iii) Authority: 5 U.S.C. 552a(j)(2).
(iv) Reasons: (A) From subsection (c)(3) because release of
accounting of disclosures would provide the informant with significant
information concerning the nature of a particular investigation, the
internal methods and techniques involved in criminal investigation, and
the investigative agencies (state, local or foreign) involved in a
particular case resulting in a serious compromise of the criminal law
enforcement processes.
(B) From subsection (c)(4), (d), (e)(4)(G), (e)(4)(H), (f), and (g)
because disclosure of portions of the information in this system of
records would seriously impair the prudent and efficient handling of
these uniquely functioning individuals; hamper the inclusion of
comments and evaluations concerning the performance qualification,
character, identity, and propensities of the informant; and prematurely
compromise criminal investigations which either concern the conduct of
the informant himself or investigations wherein he/she is intergrally
or only peripherally involved. Additionally, the exemption from access
necessarily includes exemption from amendment, certain agency
requirements relating to access and amendment of records and civil
liability predicated upon agency compliance with specific provisions of
the Privacy Act.
(C) From subsection (d), (e)(4)(G), (e)(4)(H), and (f) are also
necessary to protect the security of information properly classified in
the interest of national defense and foreign policy.
(D) From subsection (e)(1) because the nature of the criminal
investigative function creates unique problems in prescribing what
information concerning informants is relevant or necessary. Due to
close liaison and existing relationships with other Federal, state,
local and foreign law enforcement agencies, information about
informants may be received which may relate to a case then under the
investigative jurisdiction of another Government agency but 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 both the USACIDC and
other agencies. Additionally, the failure to maintain all known
information about informants could affect the effective utilization of
the individual and substantially increase the operational hazards
incumbent in the employment of an informant in very compromising and
sensitive situations.
(E) From subsection (e)(2) because collecting information from the
information would potentially thwart both the crminal investigtive
process and the required management control over these individuals by
appraising the informant of investigations or management actions
concerning his involvement in criminal activity or with USACIDC
personnel.
(F) From subsection (e)(3) because supplying an informant with a
form containing the information specified could result in the
compromise of an investigation, tend to inhibit the cooperation of the
informant, and render ineffectual investigative techniques and methods
utilized by USACIDC in the performance of its criminal law enforcement
duties.
(G) From subsection (e)(5) because this requirement would unduly
hamper the criminal investigative process due to type of records
maintained an necessity for rapid information retrieval and
dissemination. Also, in the collection of information about informants,
it is impossible to determine what information is then accurate,
relevant, timely and complete. With the passage of time, seemingly
irrevelant or untimely information may acquire new significance as
further investigation or contact brings new details to light. In the
criminal investigative process, accuracy and relevance of information
concerning informants can only be determined in a court of law. The
restrictions imposed by subsection (e)(5) would restrict the ability of
trained investigators to exercise their judgment in reporting
information relating to informant's actions and would impede the
development of criminal intelligence necessary for effective law
enforcement.
(H) 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.
(15)A0195-2bUSACIDC.
(i) System name: Criminal Investigation and Crime Laboratory Files.
(ii) Exemption: All portions of this system of records which fall
within the scope of 5 U.S.C. 552a(j)(2) may be exempt from the
provisions of 5 U.S.C. 552a(c)(3), (c)(4), (d), (e)(1), (e)(2), (e)(3),
(e)(4)(G), (e)(4)(H), (e)(5), (e)(8), (f), and (g).
(iii) Authority: 5 U.S.C. 552(j)(2).
(iv) Reasons: (A) From subsection (c)(3) because the release of
accounting of disclosures would place the subject of an investigation
on notice that he is under investigation and provide him with
significant information concerning coordinated investigative effort and
techniques and the nature of the investigation, resulting in a serious
[[Page 43662]]
impediment to criminal law enforcement activities or the compromise of
properly classified material.
(B) From subsections (c)(4), (d), (e)(4)(G), (e)(4)(H), (f), and
(g) because access might compromise on-going investigations, reveal
classified information, investigatory techniques or the identity of
confidential informants, or invade the privacy of persons who provide
information in connection with a particular investigation. The
exemption from access necessarily includes exemption from amendment,
certain agency requirements relating to access and amendment of
records, and civil liability predicated upon agency compliance with
those specific provisions of the Privacy Act. The exemption from access
necessarily includes exemption from other requirements.
(C)From subsection (e)(1) because the nature of the investigative
function creates unique problems in prescribed specific perimeters in a
particular case as to what information is relevant or necessary. Also,
due to close liaisons and working relationships with other Federal,
state, local, and foreign law enforcement agencies, information may be
received which may relate to a case then under the investigative
jurisdiction of another Government agency but 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 both the USACIDC and other agencies.
(D) From subsection (e)(2) because collecting information from the
subject of criminal investigations would thwart the investigative
process by placing the subject of the investigation on notice thereof.
(E) From subsection (e)(3) because supplying an individual with a
form containing the information specified could result in the
compromise of an investigation, tend to inhibit the cooperation of the
individual queried, and render ineffectual investigation techniques and
methods utilized by USACIDC in the performance of their criminal law
enforcement duties.
(F) From subsection (e)(5) because this requirment would unduly
hamper the criminal investigative process due to the great volume of
records maintained and the necessity for rapid information retrieval
and dissemination. Also, in the collection of information for law
enforcement purposes, it is impossible to determine what information is
then 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. In
the criminal investigation process, accuracy and relevance of
information can only be determine in a court of law. The restrictions
imposed by subsection (e)(5) would restrict the ability of trained
investigators to exercise their judgment in reporting on investigations
and impede the development of criminal intelligence necessary for
effective law enforcement.
(G) 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.
@(16) A0195-6USACIDC.
(i) System name: Criminal Investigation Accreditation and Polygraph
Examiner Evaluation Files.
(ii) Exemption: All portions of this system of records which fall
within the scope of 5 U.S.C. 552a(k)(2), (k)(5), or (k)(7) may be
exempt from the provisions of 5 U.S.C. 552a(d), (e)(1), (e)(4)(G),
(e)(4)(H), and (f).
(iii) Authority: 5 U.S.C. 552a(k)(2), (k)(5), and (k)(7).
(iv) Reasons: (A) From subsections (d), (e)(4)(G), (e)(4)(H), and
(f) because disclosure of portions of the information in this system of
records would seriously impair the selection and management of these
uniquely functioning individuals; hamper the inclusion of comments,
reports and evaluations concerning the performance, qualifications,
character, action and propensities of the agent; and prematurely
compromise investigations with either concern the conduct of the agent
himself or investigations wherein he or she is integrally or only
peripherally involved. Additionally, the exemption from access
necessarily includes exemptions from the amendment and the agency
procedures which would otherwise be required to process these types of
requests.
(B) From subsection (e)(1) because the failure to maintain all
known information about agents could affect the effective utilization
of the individual and substantially increase the operational hazards
incumbent in the employment of agents in very compromising and
sensitive situations.
(17) A0210-7DAMO.
(i) System name: Expelled or Barred Person Files.
(ii) Exemption: All portions of this system of records which fall
within the scope of 5 U.S.C. 552a(j)(2) may be exempt from the
provisions of 5 U.S.C. 552a(c)(3), (c)(4), (d), (e)(2), (e)(3),
(e)(4)(G), (e)(4)(H), (e)(8), (f), and (g).
(iii) Authority: 5 U.S.C. 552a(j)(2).
(iv) Reasons: (A) From subsection (c)(4), (d), (e)(4)(G),
(e)(4)(H), (f) and (g) because granting individuals access to
information collected and maintained by this component relating to the
enforcement of laws could interfere with proper investigations and the
orderly administration of justice. 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 ineffectual investigative techniques, sources, and methods
used by this component, and could result in the invasion of the privacy
of individuals only incidentally related to an investigation. Exemption
from access necessarily includes exemption from the other requirements.
(B) From subsection (c)(3) because of the release of accounting of
disclosure would place the subject of an investigation on notice that
he is under investigation and provide him with significant information
concerning the nature of the investigation, thus resulting in a serious
impediment to law enforcement investigations.
(C) From subsection (e)(2) because in a criminal or other law
enforcement investigation, they require that information be collected
to the greatest extent practicable 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.
(D) 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.
(E) From subsection (e)(8) because compliance with this provision
would provide an impediment to law enforcement by interfering with the
ability to issue warrants or subpoenas and be revealing investigative
techniques, procedures or evidence.
(18) A0340JDMSS.
(i) System name: HDQA Correspondence and Control/Central File
System.
(ii) Exemption: All portions of this system of records which fall
within the scope of 5 U.S.C. 552a(k) may be exempt from the provisions
of 5 U.S.C.
[[Page 43663]]
552a(c)(3), (d), (e)(1), (e)(4)(G), (e)(4)(H), and (f).
(iii) Authority: 5 U.S.C. 552a(k)(1) through (k)(7).
(iv) Reasons: Documents are generated by other elements of the Army
or are received from other agencies and individuals. Because of the
broad scope of the contents of this system and since the introduction
of documents is largely unregulatable, specific portions or documents
that may require an exemption cannot be predetermined. Therefore, and
to the extent that such material is received and maintained, selected
individual documents may be exempted from disclosure under any of the
provisions of sections (k)(1) through (k)(7) of 5 U.S.C. 552a.
(19) A0340-21SAIS.
(i) System name: Privacy Case Files.
(ii) Exemption: (A) All portions of this system of records which
fall within the scope of 5 U.S.C. 552a(j)(2) may be exempt from the
provisions of 5 U.S.C. 552a(c)(3), (c)(4), (d), (e)(1), (e)(2), (e)(3),
(e)(4)(G), (e)(4)(H), (e)(5), (e)(8), (f), and (g).
(B) All portions of this system maintained by the DA Privacy Review
Board and those Access and Amendment Refusal Authorities which do not
have a law enforcement mission and which fall within the scope of 5
U.S.C. 552a(k)(1) through (k)(7) may be exempt from the provisions of 5
U.S.C. 552a(c)(3)(d), (e)(1), (e)(4)(G), (e)(4)(H), and (f).
(iii) Authority: 5 U.S.C. 552a(j)(2) and (k)(7).
(iv) Reasons: This system of records is maintained solely for the
purpose of administering the Privacy Act of 1974. To insure accurate
and complete file on each case, it is sometimes necessary to include
copies of records which have been the subject of a Privacy Act request.
This situation applies principally to cases in which an individual has
been denied access and/or amendment of personal records under an
exemption authorized by 5 U.S.C. 552a. The same justification for the
original denial would apply to a denial of access and/or amendment of
copies maintained in the Privacy Act Case File. It should be emphasized
that the majority of records in this system are available on request to
the individual and that all records are used solely to administer
Privacy Act requests. This file is not used to make any other
determination on the rights, benefits or privileges of individuals.
(20) A0350-37TRADOC.
(i) System name: Skill Qualification Test (SQT).
(ii) Exemption: All portions of this system which fall within the
scope of 5 U.S.C. 552a(k)(6) may be exempt from the provisions of 5
U.S.C. 552a(d).
(iii) Authority: 5 U.S.C. 552a(k)(6).
(iv) Reasons: Exemption is needed for the portion of records which
pertains to individual item response on tests, to preclude compromise
of scoring keys.
(21) A0351-12DAPE.
(i) System name: Applicants/Students, U.S. Military Academy Prep
School.
(ii) Exemption: All portions of this system of records which fall
within the scope of 5 U.S.C. 552a(k)(5) and (k)(7) may be exempt from
the following provision of 5 U.S.C. 552a(d).
(iii) Authority: 5 U.S.C. 552a(k)(5) and (k)(7).
(iv) Reasons: It is imperative that the confidential nature of
evaluation material on individuals, furnished to the US 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.
(22) A0351-17aUSMA.
(i) System name: U.S. Military Academy Candidate Files.
(ii) Exemption: All portions of this system of records which fall
within the scope of 5 U.S.C. 552a(k)(5), (k)(6), or (k)(7) may be
exempt from the provisions of 5 U.S.C. 552a(d).
(iii) Authority: 5 U.S.C. 552a(k)(5), (k)(6) and (k)(7).
(iv) Reasons: (A) From subsection (d) because access might reveal
investigatory and testing techniques. The exemption from access
necessarily includes exemption from amendment, certain agency
requirements relating to access and amendment of records, and civil
liability predicated upon agency compliance with those specific
provisions of the Privacy Act.
(B) Exemption is necessary to protect the identity of individuals
who furnished information to the United States Military Academy which
is used in determining suitability, eligibility, or qualifications for
military service and which was provided under an express promise of
confidentiality.
(C) Exemption is needed for the portion of records compiled within
the Academy which pertain to testing or examination material used to
rate individual qualifications, the disclosure of which would
compromise the objectivity or fairness of the testing or examination
process.
(D) Exemption is required for evaluation material used by the
Academy in determining potential for promotion in the Armed Services,
to protect the identity of a source who furnished information to the
Academy under an express promise of confidentiality.
(23) A0351-17bUSMA.
(i) System name: U.S. Military Academy Personnel Cadet Records.
(ii) Exemption: All portions of this system of records which fall
within the scope of 5 U.S.C. 552a(k)(5) or (k)(7) may be exempt from
the provisions of 5 U.S.C. 552a(d).
(iii) Authority: 5 U.S.C. 552a(k)(5) and (k)(7).
(iv) Reasons: 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
promise of confidentiality be maintained to insure the candid
presentation of information necessary in determinations involving
admissions to the Military Academy and suitability for commissioned
service and future promotion.
(24) A0380-13DAMO.
(i) System name: Local Criminal Intelligence Files.
(ii) Exemption: All portions of this system of records which fall
within the scope of 5 U.S.C. 552a(j)(2) may be exempt from the
provisions of 5 U.S.C. 552a(c)(3), (c)(4), (d), (e)(2), (e)(3),
(e)(4)(G), (e)(4)(H), (e)(8), (f), and (g).
(iii) Authority: 5 U.S.C. 552a(j)(2).
(iv) Reasons: (A) From subsections (e)(4)(G), (e)(4)(H), (f), and
(g) because granting individuals access to information collected and
maintained by this component relating to the enforcement of laws could
interfere with proper investigations and the orderly administration of
justice. 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 ineffectual
investigative techniques, sources and methods used by this component
and could result in the invasion of the privacy of individuals only
incidentally related to an investigation. Exemption from access
necessarily includes exemption from the other requirements.
(B) From subsection (c)(3) because the release of accounting of
disclosure would place the subject of an investigation on notice that
he is under investigation and provide him with
[[Page 43664]]
significant information concerning the nature of the investigation,
thus resulting in a serious impediment to law enforcement
investigations.
(C) From subsection (e)(2) because, in a criminal or other law
enforcement investigation, 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 the
investigation and thereby present a serious impediment to effective law
enforcement.
(D) 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.
(E) From subsection (e)(8) because compliance with this provision
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.
(25) A0380-67DAMI.
(i) System name: Personnel Security Clearance Information Files.
(ii) Exemption: All portions of this system of records which fall
within the scope of 5 U.S.C. 552a(k)(1), (k)(2), or (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), and (e)(4)(I).
(iii) Authority: 5 U.S.C. 552a(k)(1), (k)(2), or (k)(5).
(iv) Reasons: The material contained in this record system contains
data concerning sensitive sources and operational methods whose
dissemination must be strictly controlled because of national security
intelligence considerations. Disclosure of documents or the disclosure
accounting record may compromise the effectiveness of the operation,
and negate specialized techniques used to support intelligence or
criminal investigative programs, or otherwise interfere with the
orderly conduct of intelligence operations or criminal investigations.
(26) A0381-20bDAMI.
(i) System name: Counterintelligence/Security Files.
(ii) Exemption: All portions of this system of records which fall
within the scope of 5 U.S.C. 552a(k)(1), (k)(2), and (k)(5) may be
exempt from the provisions of 5 U.S.C. 552a(c)(3), (d)(1) through
(d)(5), (e)(1), (e)(4)(G), (e)(4)(H), and (e)(4)(I), and (f).
(iii) Authority: 5 U.S.C. 552a(k)(1), (k)(2), and (k)(5).
(iv) Reasons: (A) From subsection (c)(3) because disclosing the
agencies to which information from this system has been released could
inform the subject of an investigation of an actual or potential
criminal violation, or intelligence operation or investigation; or the
existence of that investigation or operation; of the nature and scope
of the information and evidence obtained as to his/her activities or of
the identify of confidential sources, witnesses, and intelligence
personnel and could provide information to enable the subject to avoid
detection or apprehension. Granting access to such information could
seriously impede or compromise an investigation; endanger the physical
safety of confidential sources, witnesses, intelligence personnel, and
their families; lead to the improper influencing of witnesses; the
destruction of evidence or the fabrication of testimony and disclose
investigative techniques and procedures. In addition, granting access
to such information could disclose classified and sensitive sources,
information, and operational methods and could constitute an
unwarranted invasion of the personal privacy of others.
(B) From subsection (d)(1) through (d)(5) because granting access
to records in this system of records could inform the subject of a
counterintelligence operation or investigation of an actual or
potential criminal violation or the existence of that operation or
investigation; of the nature and scope of the information and evidence
obtained as to his/her activities; or of the identity of confidential
sources, witnesses and intelligence personnel and could provide
information to enable the subject to avoid detection or apprehension.
Granting access to such information could seriously impede or
compromise an operation or investigation; endanger the physical safety
of confidential sources, witnesses, intelligence personnel and their
families; lead to the improper influencing of witnesses; the
destruction of evidence or the fabrication of testimony and disclose
investigative techniques and procedures. In addition, 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.
(C) From subsection (e)(1) because it is not always possible to
detect the relevance or necessity of specific information in the early
stages of an investigation or operation. Relevance and necessity are
often questions of judgement and timing, an it is only after the
information is evaluated that the relevance and necessity of such
information can be established. In addition, during the course of the
investigation or operation, the investigator may obtain information
which is incidental to the main purpose of the investigative
jurisdiction of another agency. Such information cannot readily be
segregated. Furthermore, during the course of the investigation or
operation, the investigator may obtain information concerning
violations of laws other than those which are within the scope of his/
her jurisdiction. In the interest of effective intelligence operations
and law enforcement, military intelligence agents should retain
information, since it an aid in establishing patterns of criminal or
intelligence activity and provide valuable leads for other law
enforcement or intelligence agencies.
(D) From subsection (e)(4)(G), (e)(4)(H), and (f) because this
system or records is being exempt from subsections (d) of the Act,
concerning access to records. These requirements are inapplicable to
the extent that this system of records will be exempt from subsections
(d)(1) through (d)(5) of the Act. Although the system would be exempt
from these requirements, the Deputy Chief of Staff for Intelligence has
published information concerning its notification, access, and contest
procedures because under certain circumstances, the Deputy Chief of
Staff for Intelligence could decide it is appropriate for an individual
to have access to all or a portion os his/her records in this system of
records.
(E) From subsection (e)(4)(I) because it is necessary to protect
the confidentiality of the sources of information, to protect the
privacy and physical safety of confidential sources and witnesses and
to avoid the disclosure of investigative techniques and procedures.
Although the system will be exempt from this requirement, the Deputy
Chief of Staff for Intelligence has published such a notice in broad,
generic terms.
(27) A0381-100aDAMI.
(i) System name: Intelligence/Counterintelligence Source Files.
(ii) Exemption: All portions of this system of records that fall
within the scope of 5 U.S.C. 552a(k)(1), (k)(2), or (k)(5) may be
exempt from the provisions of 5 U.S.C. 552a(c)(3), (d)(1) through
(d)(5), (e)(1), (e)(4)(G), (e)(4)(H), and (e)(4)(I), and (f).
[[Page 43665]]
(iii) Authority: 5 U.S.C. 552a(k)(1), (k)(2), and (k)(5).
(iv) Reasons: (A) From subsection (c)(3)because disclosing the
agencies to which information from this system has been released could
reveal the subject's involvement in a sensitive intelligence or
counterintelligence operation or investigation of an actual or
potential criminal violation, or intelligence operation or
investigation; or the existence of that investigation or operation.
Granting access to such information could seriously impede or
compromise an investigation or operation; endanger the physical safety
of participants and their families, confidential sources, witnesses,
intelligence personnel, and their families; and lead to the improper
influencing of witnesses; the destruction of evidence or the
fabrication of testimony and disclose investigative techniques and
procedures.
(B) From subsection (d)(1) through (d)(5) because granting access
to records could inform the subject of an intelligence or
counterintelligence operation or investigation of an actual or
potential criminal violation or the existence of that operation or
investigation; or the nature and scope of the information and evidence
obtained, or of the identity of confidential sources, witnesses and
intelligence personnel. Granting access to such information could
seriously impede or compromise an operation or investigation; endanger
the physical safety of confidential sources, witnesses, intelligence
personnel and their families; lead to the improper influencing of
witnesses; the destruction of evidence or the fabrication of testimony;
disclose investigative techniques and procedures; invade the privacy of
those individuals involved in intelligence programs and their families;
compromise and thus negate specialized techniques used to support
intelligence programs; and interfere with and negate the orderly
conduct of intelligence and counterintelligence operations and
investigations. In addition, 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.
(C) From subsection (e)(1) because it is not always possible to
detect the relevance or necessity of specific information in the early
stages of an investigation or operation. Relevance and necessity are
often questions of judgment and timing, and it is only after the
information is evaluated that the relevance and necessity of such
information can be established. In addition, during the course of the
investigation or operation, the investigator or operative may obtain
information which is incidental to the main purpose of the
investigative jurisdiction of another agency. Such information cannot
readily be segregated. Furthermore, during the course of the
investigation or operation, the investigator may obtain information
concerning violations of law other than those which are within the
scope of his/her jurisdiction. In the interest of effective
intelligence operations and law enforcement, military intelligence
agents should retain information, since it is an aid in establishing
patterns of criminal or intelligence activity and provides valuable
leads for other law enforcement or intelligence agencies.
(D) From subsection (e)(4)(G), (e)(4)(H), and (f) because this
system of records is being exempt from subsection (d) of the Act
concerning access to records. These requirements are inapplicable to
the extent that this system of records will be exempt from subsections
(d)(1) through (d)(5) of the Act. Although the system would be exempt
from these requirements, the Deputy Chief of Staff for Intelligence has
published information concerning its notification, access, and contest
procedures because under certain circumstances, the Deputy Chief of
staff for Intelligence 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.
(E) From subsection (e)(4)(I) because it is necessary to protect
the confidentiality of sources of information, to protect the privacy
and physical safety of participants and their families, confidential
sources, and witnesses and to avoid the disclosure of specialized
techniques and procedures. Although the system will be exempt from this
requirement, the Deputy Chief of Staff for Intelligence has published
such a notice in broad generic terms.
(28) A0381-100bDAMI
(i) System name: Technical Surveillance Index.
(ii) Exemption: All portions of this system of records which fall
within the scope of 5 U.S.C. 552a(k)(1), (k)(2), and (k)(5) may be
exempt from the provisions of 5 U.S.C. 552a(c)(3), (d)(1) through
(d)(5), (e)(1), (e)(4)(G), (e)(4)(H), and (e)(4)(I).
(iii) Authority: 5 U.S.C. 552a(k)(1), (k)(2) or (k)(5).
(iv) Reasons: (A) From subsection (c)(3) because disclosing the
identities of agencies to which information from this system has been
released could inform the subject of an investigation of an actual or
potential criminal violation or intelligence operation; of the
existence of that investigation or operation; of the nature and scope
of the information and evidence obtained as to his/her activities or of
the identify of confidential sources, witnesses, and intelligence or
law enforcement personnel and could provide information to enable the
subject to avoid detection or apprehension. Granting access to such
information could seriously impede or compromise an investigation;
endanger the physical safety of confidential sources, witnesses,
intelligence or law enforcement personnel, and their families; lead to
the improper influencing of witnesses; the destruction of evidence or
the fabrication of testimony and disclose investigative techniques and
procedures. In addition, granting access to such information could
disclose classified and sensitive sources and operational methods and
could constitute an unwarranted invasion of the personal privacy of
others.
(B) From subsection (d)(1) through (d)(5) because granting access
to records in this system of records could inform the subject of an
investigation of an actual or potential criminal violation; of the
existence of that investigation; of the nature and scope of the
information and evidence obtained as to his/her activities; or of the
identity of confidential sources, witnesses and intelligence or law
enforcement personnel and could provide information to enable the
subject to avoid detection or apprehension. Granting access to such
information could seriously impede or compromise an investigation;
endanger the physical safety of confidential sources, witnesses,
intelligence or law enforcement personnel and their families; lead to
the improper influencing of witnesses; the destruction of evidence or
the fabrication of testimony and disclose investigative techniques and
procedures. In addition, granting access to such information could
disclose classified, sensitive sources and operational methods and
could constitute an unwarranted invasion of the personal privacy of
others.
(C) From subsection (e)(1) because it is not always possible to
detect the relevance or necessity of specific information in the early
stages of an investigation or operation. Relevance and necessity are
often questions of judgment and timing, and it is only after
[[Page 43666]]
the information is evaluated that the relevance and necessity of such
information can be established. In addition, during the course of the
investigation or operation, the investigator may obtain information
which is incidental to the main purpose of the investigative
jurisdiction of another agency. Such information cannot readily be
segregated. Furthermore, during the course of the investigation or
operation, the investigator may obtain information concerning violation
of laws other than those which are within the scope of his/her
jurisdiction. In the interest of effective intelligence operations and
law enforcement, criminal law enforcement investigators and military
intelligence agents should retain this information, since it can aid in
establishing patterns of criminal or intelligence activity and can
provide valuable leads for other law enforcement or intelligence
agencies.
(D) From subsections (e)(4)(G) and (e)(4)(H) because this system of
records is being exempt from subsections (d) of the Act, concerning
access to records, these requirements are inapplicable to the extent
that this system of records will be exempt from subsections (d)(1)
through (d)(5) of the Act. Although the system would be exempt from
these requirements, the Deputy Chief of Staff for Intelligence and the
U.S. Army Criminal Investigations Command have published information
concerning its notification, access, and contest procedures for their
respective areas because, under certain circumstances, the Deputy Chief
of Staff for Intelligence or the U.S. Army Criminal Investigations
Command 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.
(E) From subsection (e)(4)(I) because it is necessary to protect
the confidentiality of the sources of information, to protect the
privacy and physical safety of confidential sources and witnesses and
to avoid the disclosure of investigative techniques and procedures.
Although the system will be exempt from this requirement, the Deputy
Chief of Staff for Intelligence and the U.S. Army Criminal
Investigations Command have published such a notice in broad, generic
terms.
(29) A0601-141DASG.
(i) System name: Army Medical Procurement Applicant Files.
(ii) Exemption: All portions of this system of records which fall
within the scope of 5 U.S.C. 552a(k)(5) may be exempt from the
provisions of 5 U.S.C. 552a(d).
(iii) Authority: 5 U.S.C. 552a(k)(5).
(iv) Reasons: It is imperative that the confidential nature of
evaluations and investigatory material on applicants applying for
enlistment furnished to the US Army Recruiting Command under an express
promise of confidentiality, be maintained to insure the candid
presentation of information necessary in determinations of enlistment
and suitability for enlistment into the United States Army.
(30) A0601-210aUSAREC.
(i) System name: Enlisted Eligibility Files.
(ii) Exemption: All portions of this system of records which fall
within the scope of 5 U.S.C. 552a(k)(5) may be exempt from the
provisions of 5 U.S.C. 552a(d).
(iii) Authority: 5 U.S.C. 552a(k)(5).
(iv) Reasons: It is imperative that the confidential nature of
evaluations and investigatory material on applicants applying for
enlistment furnished to the US Army Recruiting Command under an express
promise of confidentiality, be maintained to insure the candid
presentation of information necessary in determinations of enlistment
and suitability for enlistment into the United States Army.
(31) A0601-222USMEPCOM.
(i) System name: ASVAB Student Test Scoring and Reporting System.
(ii) Exemption: All portions of this system of records which fall
within the scope of 5 U.S.C. 552a(k)(6) may be exempt from the
provisions of 5 U.S.C. 552a(d).
(iii) Authority: 5 U.S.C. 552a(k)(6).
(iv) Reasons: An exemption is required for those portions of the
Skill Qualification Test system pertaining to individual item responses
and scoring keys to prelude compromise of the test and to insure
fairness and objectivity of the evaluation system.
(32) A0608-18DASG.
(i) System name: Family Advocacy Case Management.
(ii) Exemption: 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(d).
(iii) Authority: 5 U.S.C. 552a(k)(2) and (k)(5).
(iv) Reasons: Exemptions are 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.
In the case of spouse abuse, it is important to protect the privacy of
spouses seeking treatment. Additionally, granting individuals access to
information relating to criminal and civil law enforcement could
interfere with on-going 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,
children, and abused spouses.
(33) A0614-115DAMI.
(i) System name: Department of the Army Operational Support
Activities.
(ii) Exemption: All portions of this system of records that fall
within the scope of 5 U.S.C. 552a(k)(1), (k)(2), or (k)(5) may be
exempt from the provisions of 5 U.S.C. 552a(c)(3), (d)(1) through
(d)(5), (e)(1), (e)(4)(G), (e)(4)(H), and (e)(4)(I), and (f).
(iii) Authority: 5 U.S.C. 552a(k)(1), (k)(2), and (k)(5).
(iv) Reasons: (A) From subsection (c)(3)because disclosing the
agencies to which information from this system has been released could
reveal the subject's involvement in a sensitive intelligence or
counterintelligence operation or investigation of an actual or
potential criminal violation, or intelligence operation or
investigation; or the existence of that investigation or operation.
Granting access to such information could seriously impede or
compromise an investigation or operation; endanger the physical safety
of participants and their families, confidential sources, witnesses,
intelligence personnel, and their families; and lead to the improper
influencing of witnesses; the destruction of evidence or the
fabrication of testimony and disclose investigative techniques and
procedures.
(B) From subsection (d)(1) through (d)(5) because granting access
to records could inform the subject of an intelligence or
counterintelligence operation or investigation of an actual or
potential criminal violation or the existence of that operation or
investigation; of the nature and scope of the information and evidence
obtained, or of the identity of confidential sources, witnesses and
intelligence personnel. Granting access to such information could
seriously impede or compromise an operation or investigation; endanger
the physical safety of confidential sources, witnesses, intelligence
personnel and their
[[Page 43667]]
families; lead to the improper influencing of witnesses; the
destruction of evidence or the fabrication of testimony; disclose
investigative techniques and procedures; invade the privacy of those
individuals involved in intelligence programs and their families;
compromise and thus negate specialized techniques used to support
intelligence programs; and interfere with and negate the orderly
conduct of intelligence and counterintelligence operations and
investigations. In addition, 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.
(C) From subsection (e)(1) because it is not always possible to
detect the relevance of specific information in the early stages of an
investigation or operation. Relevance and necessity are often questions
of judgment and timing, and it is only after the information is
evaluated that the relevance and necessity of such information can be
established. In addition, during the course of the investigation or
operation, the investigator or operative may obtain information which
is incidental to the main purpose of the investigative jurisdiction of
another agency. Such information cannot readily be segregated.
Furthermore, during the course of the investigation or operation, the
investigator may obtain information concerning violations of law other
than those which are within the scope of his/her jurisdiction. In the
interest of effective intelligence operations and law enforcement,
military intelligence agents should retain information, since it is an
aid in establishing patterns of criminal or intelligence activity and
provides valuable leads for other law enforcement or intelligence
agencies.
(D) From subsection (e)(4)(G), (e)(4)(H), and (f) because this
system or records is being exempt from subsections (d) of the Act,
concerning access to records. These requirements are inapplicable to
the extent that this system of records will be exempt from subsections
(d)(1) through (d)(5) of the Act. Although the system would be exempt
from these requirements, the Deputy Chief of Staff for Intelligence has
published information concerning its notification, access, and contest
procedures because under certain circumstances, the Deputy Chief of
Staff for Intelligence could decide it is appropriate for an individual
to have access to all or a portion os his/her records in this system of
records.
(E) From subsection (e)(4)(I) because it is necessary to protect
the confidentiality of sources of information, to protectthe privacy
and physical safety of participants and their families, confidential
sources, and witnesses and to avoid the disclosure of specialized
techniques and procedures. Although the system will be exempt from this
requirement, the Deputy Chief of Staff for Intelligence has published
such a notice in broad, generic terms.
(f) Exempt OPM records. Three Office of Personnel Management
systems of records apply to Army employees, except for nonappropriated
fund employees. These systems, the specific exemptions determined to be
necessary and proper, the records exempted, provisions of the Privacy
Act from which exempt, and justification are set forth below:
(1) Personnel Investigations Records (OPM/CENTRAL-9). All material
and information in these records that meets the criteria stated in 5
U.S.C. 552a(k)(1), (k)(2), (k)(3), (k)(5), and (k)(6) is exempt from
the requirements of 5 U.S.C. 552a(c)(3) and (d). These provisions of
the Privacy Act relate to making accountings of disclosures available
to the data subject and access to and amendment of records. The
specific applicability of the exemptions to this system and the reasons
for the exemptions are as follows:
(i) 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 and amendment of such classified
information under 5 U.S.C. 552a(d).
(ii) 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).
(iii) 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 and amendment of such records
under 5 U.S.C. 552a(d).
(iv) 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 (4). These provisions of the
Privacy Act relate to making accountings of disclosures available to
the data subject, and access to and amendment of records. These
exemptions are claimed because this system contains investigatory
material compiled solely for the purpose of determining suitability,
eligibility, and qualifications for Federal civilian employment. To the
extent that the disclosure of material would reveal the identity of
source who furnished information to the Government under an express
promise that the identity of the source would held in confidence, or,
prior to September 27, 1975, under an implied promise that the identity
of the source would be held in confidence, the application of exemption
(k)(5) will be required to honor such a promise should the data subject
request access to or amendment of the record, or access to the
accounting of disclosures of the record.
(v) 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. This exemption is claimed because portions of this
system relate to testing or examination materials used solely to
determine individual qualifications for appointment or promotion in the
Federal service. Access to or amendment of this information by the data
subject would compromise the objectivity and fairness of the testing or
exemption process.
(2) Recruiting, Examining, and Placement Records (OPM/GOVT-5).
(i) 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). These provisions of the
Privacy Act relate to making accountings of disclosures available to
the data subject and access to and amendment of records. These
exemptions are 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's qualification for employment in the Federal service. 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 that the identity of the source would be held in
confidence, the application of
[[Page 43668]]
exemption (k)(5) will be required to honor such a promise should the
data subject request access to the accounting of disclosures of the
record.
(ii) 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 to and amendment of records by
the subject. The exemption is claimed because portions of this system
relate to testing or examination materials used solely to determine
individual qualification for appointment or promotion in the Federal
service and access to or amendment of this information by the data
subject would compromise the objectivity and fairness of the testing or
examining process.
(3) Personnel Research Test Validation Records (OPM/GOVT-6). 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 and amendment of the records by
the data subject. This exemption is claimed because portions of this
system relate to testing or examination materials used solely to
determine individual qualifications for appointment or promotion in the
Federal service. Access to or amendment of this information by the data
subject would compromise the objectivity and fairness of the testing or
examination process.
* * * * *
Dated: August 19, 1996.
L. M. Bynum,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 96-21682 Filed 8-23-96; 8:45 am]
BILLING CODE 5000-04-F
