[Federal Register Volume 74, Number 217 (Thursday, November 12, 2009)]
[Rules and Regulations]
[Pages 58205-58209]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-27148]


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DEPARTMENT OF DEFENSE

Office of the Secretary

[DoD-2006-OS-0033; RIN 0790-AI26]

32 CFR Part 311


Office of the Secretary of Defense and Joint Staff Privacy 
Program

AGENCY: Department of Defense.

ACTION: Final rule; amendment.

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SUMMARY: On October 30, 2009 (74 FR 56114), the Department of Defense 
published a final rule revising 32 CFR part 311 to update Office of the 
Secretary of Defense (OSD) and Joint Staff (JS) policy, assign 
responsibilities, and prescribe procedures for the effective 
administration of the Privacy Act (PA) Program in OSD and JS. In the 
published rule, the section on procedures for exemptions was 
inadvertently dropped. This rule amendment is being published to add 
this section back to 32 CFR part 311.

DATES: Effective Date: This rule is effective November 30, 2009.

FOR FURTHER INFORMATION CONTACT: Cindy Allard, 703-588-6830.

SUPPLEMENTARY INFORMATION:

Executive Order 12866, ``Regulatory Planning and Review''

    It has been certified that 32 CFR part 311 does not:
    (1) Have an annual effect on the economy of $100 million or more or 
adversely affect in a material way the economy; a section of the 
economy; productivity; competition; jobs; the environment; public 
health or safety; or State, local, or tribunal governments or 
communities;
    (2) Create a serious inconsistency or otherwise interfere with an 
action taken or planned by another Agency;
    (3) Materially alter the budgetary impact of entitlements, grants, 
user fees, or loan programs, or the rights and obligations of 
recipients thereof; or
    (4) Raise novel legal or policy issues arising out of legal 
mandates, the President's priorities, or the principles set forth in 
this Executive Order 12866, as amended by Executive Order 13422.

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

    It has been certified that 32 CFR part 311 does not contain a 
Federal mandate that may result in the expenditure by State, local and 
tribunal governments, in aggregate, or by the private sector, of $100 
million or more in any one year.

Public Law 96-354, ``Regulatory Flexibility Act'' (5 U.S.C. 601)

    It has been certified that 32 CFR part 311 is not subject to the 
Regulatory Flexibility Act (5 U.S.C. 601) because it would not, if 
promulgated, have a significant economic impact on a substantial number 
of small entities. The rule implements the procedures for the effective 
administration of the Privacy Act Program in OSD and the JS.

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

    It has been certified that 32 CFR part 311 does not impose 
reporting or recordkeeping requirements under the Paperwork Reduction 
Act of 1995.

Executive Order 13132, ``Federalism''

    It has been certified that 32 CFR part 311 does not have federalism 
implications, as set forth in Executive Order 13132. This rule does not 
have substantial direct effects on:
    (1) The States;
    (2) The relationship between the National Government and the 
States; or
    (3) The distribution of power and responsibilities among the 
various levels of Government.

List of Subjects in 32 CFR Part 311 Privacy Act.

0
Accordingly, 32 CFR part 311 is amended as follows:

PART 311--[AMENDED]

0
1. The authority citation for part 311 continues to read as follows:

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


0
2. Section 311.8 is added to read as follows:


Sec.  311.8  Procedures for exemptions.

    (a) General information. The Secretary of Defense designates those 
Office of the Secretary of Defense (OSD) systems of records which will 
be exempt from certain provisions of the Privacy Act. There are two 
types of exemptions, general and specific. The general exemption 
authorizes the exemption of a system of records from all but a few 
requirements of the Act. The specific exemption authorizes exemption of 
a system of records or portion thereof, from only a few specific 
requirements. If an OSD Component originates a new system of records 
for which it proposes an exemption, or if it proposes an additional or 
new exemption for an existing system of records, it shall submit the 
recommended exemption with the records system notice as outlined in 
Sec.  311.6. No exemption of a system of records shall be considered 
automatic for all records in the system. The systems manager shall 
review each requested record and apply the exemptions only when this 
will serve significant and legitimate Government purpose.
    (b) General exemptions. The general exemption provided by 5 U.S.C. 
552a(j)(2) may be invoked for protection of systems of records 
maintained by law enforcement activities. Certain functional records of 
such activities are

[[Page 58206]]

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) Reason: 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) Reason: 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.
    (iv) 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.
    (v) 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).
    (vi) 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.
    (vii) 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 is often fragmentary and leads relating to 
an individual in the context of one investigation may instead pertain 
to a second investigation.
    (viii) 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.
    (ix) 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.
    (x) 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.
    (xi) 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.
    (xii) 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.
    (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:

[[Page 58207]]

    (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 (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 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

[[Page 58208]]

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) Reason: 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 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) 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

[[Page 58209]]

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 
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) Exemptions: 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) Records are only exempt from pertinent provisions of 5 U.S.C. 
552a to the extent (1) such provisions have been identified and an 
exemption claimed for the original record and (2) 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.

    Dated: November 6, 2009.
Patricia L. Toppings,
OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. E9-27148 Filed 11-10-09; 8:45 am]
BILLING CODE 5001-06-P