1 February 1998
Source: http://www.access.gpo.gov/nara/cfr/index.html

------------------------------------------------------------

[Code of Federal Regulations]
[Title 32, Volume 2, Parts 191 to 399]
[Revised as of July 1, 1997]
From the U.S. Government Printing Office via GPO Access
[CITE: 32CFR322]

[Page 889-897]
 
                       TITLE 32--NATIONAL DEFENSE
 
       CHAPTER I--OFFICE OF THE SECRETARY OF DEFENSE (CONTINUED)
 
PART 322--PRIVACY ACT SYSTEMS OF RECORDS--DISCLOSURES AND AMENDMENT PROCEDURES--SPECIFIC EXEMPTIONS, NATIONAL SECURITY AGENCY

Sec.
322.1  Purpose and scope.
322.2  Definitions.
322.3  Procedures for requests concerning individual records in a system 
          of records.
322.4  Times, places and procedures for disclosures.
322.5  Medical or psychological records.
322.6  Parents or legal guardians acting on behalf of minor applicants 
          and employees.
322.7  Procedures for amendment.
322.8  Appeal determination.
322.9  Fees.
322.10  Specific exemptions.

    Authority: Pub. L. 93-579; 88 Stat. 1896 (5 U.S.C. 552a).

    Source: 40 FR 44294, Sept. 25, 1975, unless otherwise noted. 
Redesignated at 56 FR 55631, Oct. 29, 1991.

Sec. 322.1   Purpose and scope.

    (a) The purpose of this rule is to comply with and implement title 5 
U.S.C. 552a, sections (f) and (k), hereinafter identified as the Privacy 
Act. It establishes the procedures by which an individual may be 
notified whether a system of records contains information pertaining to 
the individual; defines times, places and requirements for 
identification of the individual requesting records, for disclosure of 
requested records where appropriate; special handling for medical and 
psychological records; for amendment of records; appeal of denials of 
requests for amendment; and provides a schedule of fees to be charged 
for making copies of requested records. In addition, this rule contains 
the exemptions promulgated by the Director, NSA, pursuant to 5 U.S.C. 
552a(k), to exempt Agency systems of records from subsections (c)(3); 
(d); (e)(1); (e)(4)(G), (H), (I); and (f) of section 552a.
    (b) The procedures established and exemptions claimed apply to 
systems of records for which notice has been published in the Federal 
Register pursuant to the Privacy Act. Requests from individuals for 
records pertaining to themselves will be processed in accordance with 
these procedures and consistent with the exemptions claimed. Requests 
for records which do not specify the statute pursuant to which they are 
made but which may be reasonably construed to be requests by an 
individual for records pertaining to that individual will also be 
processed in accordance with these procedures and consistent with 
exemptions claimed. To the extent appropriate, these procedures apply to 
records maintained by this Agency pursuant to system of records notices 
published by the Civil Service Commission. The primary category of 
records affected by a Commission notice is that maintained in 
conjunction with the CSC system identified as ``CSC-Retirement Life 
Insurance and Health Benefits Records System.'' Authority pursuant to 44 
U.S.C. 3101 to maintain each system of records for which notice has been 
published is implied in each ``authority for maintenance of a system'' 
of each systems notice.

Sec. 322.2   Definitions.

    (a) Access to the NSA headquarters: means current and continuing 
daily access to those facilities making up the NSA headquarters.
    (b) Individual: means a natural person who is a citizen of the 
United States or an alien lawfully admitted for permanent residence.
    (c) Request: means a request in writing for records pertaining to 
the requester contained in a system of rec- ords and made pursuant to 
the Privacy Act or if no statute is identified considered by the Agency 
to be made pursuant to that Act.
    (d) System of Records: means a grouping of records maintained by the 
Agency for which notice has been published in the Federal Register 
pursuant to section 552a(e)(4) of Title 5 U.S.C.

[[Page 890]]

Sec. 322.3   Procedures for requests concerning individual records in a 
          system of records.

    (a)(1) Notification. Any individual may be notified in response to a 
request if any system of records contains a record pertaining to the 
requester by sending a request addressed to: Information Officer, 
National Security Agency, Fort George G. Meade, Maryland 20755. Such 
request shall be in writing, shall be identified on the envelope and the 
request as a ``Privacy Act Request,'' shall designate the system or 
systems of records using the names of the systems as published in the 
system notices, shall contain the full name, present address, date of 
birth, social security number and dates of affiliation or contact with 
NSA/CSS of the requester and shall be signed in full by the requester.
    (2) A request pertaining to records concerning the requester which 
does not specify the Act pursuant to which the request is made shall be 
processed as a Privacy Act request. A request which does not designate 
the system or systems of records to be searched shall be processed by 
checking the following systems of records: Applicants; Personnel; 
Health, Medical and Safety.
    (b)(1) Identification. Any individual currently not authorized 
access to the National Security Agency headquarters who requests 
disclosure of records shall provide the following information with the 
written request for disclosure: full name, present address, date of 
birth, social security number, and date of first affiliation or contact 
with NSA/CSS and date of last affiliation or contact with NSA/CSS.
    (2) Any individual currently authorized access to the National 
Security Agency headquarters shall provide the following information 
with the request for notification: full name, present organizational 
assignment, date of birth, social security number.
    (3) Such request shall be treated as a certification of the 
requester that the requester is the individual named. Individuals should 
be aware that the Privacy Act provides criminal penalties for any person 
who knowingly and willfully requests or obtains any rec- ords concerning 
an individual under false pretenses.

Sec. 322.4   Times, places and procedures for disclosures.

    (a) Individual not currently affiliated with NSA:
    (1) Request procedure. Any individual currently not authorized 
access to the National Security Agency headquarters shall make the 
request for notification in writing and shall include the required 
identifying data. Upon verification of the existence in systems of 
records pertaining to the requester, a copy of the records located shall 
be mailed to the requester subject to appropriate specific exemptions, 
applicable Public Laws, special procedures pertaining to medical rec- 
ords, including psychological records, and the exclusion for information 
compiled in reasonable anticipation of a civil action or proceeding. If 
the request cannot be processed within ten working days from the time of 
receipt of the request, an acknowledgment of receipt of the request will 
be sent to the requester.
    (2) Appointment of other individual. If a requester wishes another 
individual to obtain the requested records on his behalf, the requester 
shall provide a written, signed, notarized statement appointing that 
individual as his representative, certifying that the individual 
appointed may have access to the records of the requester and that such 
access shall not constitute an invasion of the privacy of the requester 
nor a violation of his rights under the Privacy Act of 1974.
    (b) Individual currently affiliated with NSA--(1) Request procedure. 
Any individual currently authorized access to the National Security 
Agency headquarters may make the request for notification to the 
appropriate official delegated responsibility for a system of records 
pursuant to internal agency regulations pertaining to the Privacy Act of 
1974. In the alternative, such individual may direct the request to the 
NSA Information Officer in writing in the same form and including the 
data required in Sec. 322.4(a)(1) above. In the case of any denial of 
notification by officials delegated responsibility for a system the 
request shall be referred to the NSA Information Officer for review.

[[Page 891]]

    (2) Appointment of other individual. If the requester makes a 
request pursuant to this paragraph and wishes to designate another 
individual to accompany him, the same procedures as provided in 
paragraph (a)(2) of this section apply. If the individual appointed is 
currently authorized access to the National Security Agency 
headquarters, he may accompany the requester. If the individual 
appointed is not currently authorized access, a copy of the records 
located may be mailed to the appointed individual subject to appropriate 
specific exemptions, applicable Public Laws, special procedures 
pertaining to medical records including psychological records, and the 
exclusion for information compiled in reasonable anticipation of a civil 
action or proceeding.

[40 FR 44294, Sept. 25, 1975. Redesignated at 56 FR 55631, Oct. 29, 
1991, as amended at 56 FR 57803, Nov. 14, 1991]

Sec. 322.5   Medical or psychological records.

    If the request includes records of a medical or psychological 
nature, and if an Agency doctor makes the determination that the records 
requested contain information which would have an adverse effect upon 
the requester, the requester will be advised to appoint a medical doctor 
in the appropriate discipline to receive the information. The 
appointment of the doctor shall be in the same form as that indicated in 
Sec. 322.4(a)(2) and shall include a certification that the doctor 
appointed is authorized to practice the appropriate specialty by virtue 
of a license to practice same in the state which granted the license.

[40 FR 44294, Sept. 25, 1975. Redesignated at 56 FR 55631, Oct. 29, 
1991, as amended at 56 FR 57803, Nov. 14, 1991]

Sec. 322.6   Parents or legal guardians acting on behalf of minor 
          applicants and employees.

    Parents or legal guardians acting on behalf of minors who request 
records concerning NSA/CSS applicants or employees who are minors shall 
be subject to the same requirements contained in Sec. 322.4(a)(1) 
appointment of other individuals, including the requirement for written 
authorization. Requests by parents or legal guardians acting on behalf 
of minors will be processed in the same manner and in accordance with 
the procedures established herein for individuals not currently 
authorized access to the NSA headquarters.

[40 FR 44294, Sept. 25, 1975. Redesignated at 56 FR 55631, Oct. 29, 
1991, as amended at 56 FR 57803, Nov. 14, 1991]

Sec. 322.7   Procedures for amendment.

    (a) Request procedure. Any request for amendment of a record or 
records contained in a system of records shall be in writing addressed 
to the Information Officer, National Security Agency, Fort George G. 
Meade, Md. 20755, Attention: Privacy Act Amendment, and shall contain 
sufficient details concerning the requested amendment, justification for 
the amendment, and a copy of the record(s) to be amended or sufficient 
identifying data concerning the affected record(s) to permit its timely 
retrieval. Such requests may not be used to accomplish actions for which 
other procedures have been established such as grievances, performance 
appraisal protests, etc. In such cases the requester will be advised of 
the appropriate procedures for such actions.
    (b) Initial determination: The NSA Information Officer may make an 
initial determination concerning the requested amendment within ten 
working days or shall acknowledge receipt of the amendment request 
within that period if a determination cannot be completed. The 
determination shall advise the requester of action taken to make the 
requested amendment or inform the requester of the rejection of the 
request, the reason(s) for the rejection and the procedures established 
by the Agency for review of rejected amendment requests.
    (c) Request on appeal: A requester may appeal the rejection by the 
NSA Information Officer of a request for amendment to the Executive for 
Staff Services. Such appeal shall be in writing, addressed to the 
Executive for Staff Services, National Security Agency, Fort George G. 
Meade, Md. 20755, Attention: Privacy Act Amendment Appeal.

[[Page 892]]

Sec. 322.8   Appeal determination.

    The Executive for Staff Services shall acknowledge receipt of the 
appeal within ten working days. A determination concerning the appeal 
shall be provided to the requester within 30 working days, unless the 
Director, National Security Agency, extends the period for good cause. 
The Executive for Staff Services shall advise the requester of the 
action taken to make the requested amendment or inform the requester of 
the rejection of the appeal, the right to submit for incorporation in 
the file containing the disputed record(s) a concise statement of 
disagreement, and notify the requester of the right of judicial review 
of the denial pursuant to subsection (g)(1)(A) of 5 U.S.C. 552a.

Sec. 322.9   Fees.

    A fee may be charged for the reproduction of copies of any requested 
rec- ords, provided one copy is made available without charge where 
access is limited to mail service only. Fees shall be charged in 
accordance with The Uniform Schedule of Fees established by the 
Department of Defense pursuant to Pub. L. 93-502.

Sec. 322.10   Specific exemptions.

    (a)(1) The following National Security Agency systems of records, 
published in the Federal Register, are specifically exempted from the 
provisions of 5 U.S.C. 552a, subsections (c)(3), (d), (e)(1), (e)(4)(G), 
(e)(4)(H), (e)(4)(I) and (f) pursuant to subsection (k) of section 552a 
to the extent that each system contains individual records or files 
within the category or categories provided by subsection (k). Notice is 
hereby given that individual records and files within each NSA system of 
records may be subject to specific provisions of Pub. L. 86-36, Pub. L. 
88-290 and Title 18 U.S.C. 798 and other laws limiting access to certain 
types of information or application of laws to certain categories of 
information.
    (2) In addition, those records maintained pursuant to notice of 
systems of records published by the CSC are exempted pursuant to Title 5 
U.S.C. 552a(k)(1) to the extent that they contain classified information 
in order to protect such information from unauthorized disclosure. Such 
records may also be subject to other specific exemptions pursuant to 
rules promulgated by the CSC.
    (b) Systems of records subject to specific exemptions:

    (1) System name: NSA/CSS Access, Authority and Release of 
Information File.
    Exemption: This system of records is exempted from the sections of 
title 5 U.S.C. 552a cited in paragraph 322.10(a) and is subject to the 
limitations noted in that paragraph.
    Authority: 5 U.S.C. 552a(k)(1), (k)(5)
    Reasons: This system of records is exempted from all subsections 
cited pursuant to exemption (k)(1) to protect from unauthorized 
disclosure classified information which may be contained in records and 
files making up the system. The exemption does not limit access to that 
portion of the rec- ords in the system which are not classified or 
otherwise protected from unauthorized disclosure.
    This system of records is also exempted from all subsections cited 
pursuant to exemption (k)(5) to protect the identity of confidential 
sources of information constituting investigatory material compiled 
solely for the purpose of determining access to classified information. 
The exemption does not limit access to that portion of the records in 
the system which are not exempted, not otherwise protected from 
unauthorized disclosure, and which would not undermine the integrity of 
the controlled access system.
    (2) System name: NSA/CSS Applicants
    Exemption: This system of records is exempted from the sections of 
Title 5 U.S.C. 552a cited in paragraph 322.10(a) and is subject to the 
limitations noted in that paragraph.
    Authority: 5 U.S.C. 552a(k)(1), (k)(5)
    Reasons: This system of records is exempted from all subsections 
cited pursuant to exemption (k)(1) to protect from unauthorized 
disclosure classified information which may be contained in records and 
files making up the system. The exemption does not limit access to that 
portion of the rec- ords in the system which are not classified or 
otherwise protected from unauthorized disclosure.
    This system of records is also exempted from all subsections cited 
pursuant to exemption (k)(5) to protect the identity of confidential 
sources of information constituting investigatory material compiled 
solely for the purposes of determining suitability; eligibility; 
qualifications for Federal civilian employment; Federal contracts; or 
access to classified information which may be contained in records and 
files making up the system. The exemption does not limit access to that 
portion of the records in the system which are not subject to this 
exemption, nor otherwise protected from unauthorized disclosure.

[[Page 893]]

    (3) System name: NSA/CSS Correspondence, Cases, Complaints, 
Visitors, Requests
    Exemption: This system of records is exempted from the sections of 
Title 5 U.S.C. 552a cited in Sec. 322.10(a) and is subject to the 
limitations noted in that paragraph.
    Authority: 5 U.S.C. 552a(k)(1), (k)(2), (k)(4), (k)(5)
    Reasons: This system of records is exempted from all subsections 
cited pursuant to exemption (k)(1) to protect from unauthorized 
disclosure classified information which may be contained in records and 
files making up the system. The exemption does not limit access to that 
portion of the rec- ords in the system which are not classified or 
otherwise protected from unauthorized disclosure.
    This system of records is exempted from all subsections cited 
pursuant to exemption (k)(2) to protect from unauthorized disclosure 
individual records and files which constitute investigatory material 
compiled for law enforcement purposes pursuant to a lawful national 
security intelligence investigation and maintain the integrity of the 
personnel security system required by Pub. L. 88-290. The exemption does 
not limit access to that portion of the records in the system which are 
not investigatory material which are not exempted or otherwise protected 
from unauthorized disclosure.
    This system is exempted from all subsections cited pursuant to 
exemption (k)(4) where individual records and files are maintained and 
used solely for statistical records in accordance with statutory 
requirements to insure compliance with those requirements with a minimum 
of administrative burden and expense.
    This system is exempted from all subsections cited pursuant to 
exemption (k)(5) to protect the identity of confidential sources of 
information constituting investigatory material compiled solely for the 
purpose of determining suitability; eligibility; qualifications for 
Federal civilian employment, Federal contracts; or access to classified 
information which may be contained in records and files making up the 
system. The exemption does not limit access to that portion of the 
records in the system which are not subject to this exemption or 
otherwise protected from unauthorized disclosure.
    (4) System name: NSA/CSS Cryptologic Reserve Mobilization Designee 
List
    Exemption: This system of records is exempted from the sections of 
Title 5 U.S.C. 552a cited in Sec. 322.10(a) and is subject to the 
limitations noted in that paragraph.
    Authority: 5 U.S.C. 552a (k) (1), (k) (5)
    Reasons: This system of records is exempted from all subsections 
cited pursuant to exemption (k)(1) to prevent the unauthorized 
disclosure of classified information concerning anticipated personnel 
assignments to sensitive cryptologic positions during periods of 
national emergency or war requiring reserve mobilization.
    This system of records is also exempted from all subsections cited 
pursuant to exemption (k)(5) to protect the identity of confidential 
sources of information constituting investigatory material compiled 
solely for the purpose of determining suitability, eligibility or 
qualifications for designation for mobilization to fill a sensitive 
cryptologic position or access to classified material as a result of 
designation for mobilization.
    (5) System name: NSA/CSS Equal Employment Opportunity Data
    Exemption: This system of records is exempted from the sections of 
Title 5 U.S.C. 552a cited in Sec. 322.10(a) and is subject to the 
limitations noted in that paragraph.
    Authority: 5 U.S.C. 552a(k) (1), (k) (2), (4)
    Reasons: This system of records is exempted from all subsections 
cited pursuant to exemption (k)(1) to protect from unauthorized 
disclosure classified information which may be contained in records and 
files making up the system. The exemption does not limit access to that 
portion of the rec- ords in the system which are not classified or 
otherwise protected from unauthorized disclosure.
    This system of records is exempted from all subsections cited 
pursuant to exemption (k)(4) to protect the integrity of those 
statistical records compiled for Equal Employment Opportunity purposes.
    This system of records is also exempted from all subsections cited 
pursuant to exemption (k)(2) to the extent that individual records and 
files are related to investigations to enforce the provisions of Pub. L. 
92-261 and consistent with the provisions of that statute with respect 
to individual access to such records. The purpose of the exemption is to 
protect the integrity of investigations conducted pursuant to Pub. L. 
92-261.
    (6) System name: NSA/CSS Health, Medical and Safety Files
    Exemption: This system of records is exempted from sections of Title 
5 U.S.C. 552a cited in Sec. 322.10(a) and is subject to the statutory 
limitations noted in that paragraph.
    Authority: 5 U.S.C. 552a(k) (1), (k) (5), (k) (6).
    Reasons: This system of records is exempted from all subsections 
cited pursuant to exemption (k)(1) to protect from unauthorized 
disclosure classified information which may be contained in records and 
files making up the system. The exemption does not limit access to that 
portion of the rec- ords in the system which are not classified or 
otherwise protected from unauthorized disclosure.
    This system of records is exempted from all subsections cited 
pursuant to exemption (k)(5) to protect the identity of confidential 
sources of information constituting investigatory material compiled 
solely for the purpose of determining suitability, eligibility, or 
qualifications for Federal civilian

[[Page 894]]

employment, Federal contracts or access to classified information. The 
exemption does not limit access to that portion of the records in the 
system which are not exempted or otherwise protected from unauthorized 
disclosure.
    This system of records is also exempted from all subsections cited 
pursuant to exemption (k)(6) to protect those testing or examination 
materials used solely to determine individual qualifications for 
employment in the Federal service the disclosure of which would 
compromise the objectivity or fairness of the testing or examination 
process.
    (7) System name: NSA/CSS Motor Vehicles and Carpools
    Exemption: This system of records is exempted from the sections of 
Title 5 U.S.C. 552a cited in Sec. 322.10(a) and is subject to the 
statutory limitations noted in that paragraph.
    Authority: 5 U.S.C. 552a(k)(1)
    Reasons: This system of records is exempted from all subsections 
cited pursuant to exemption (k)(1) to protect from unauthorized 
disclosure any and all classified information which may be contained in 
records and files making up the system. The exemption does not limit 
access to that portion of the of the records in the system which are not 
classified or otherwise protected from unauthorized disclosure.
    (8) System name: NSA/CSS Payroll and Claims
    Exemption: This system of records is exempted from the sections of 
Title 5 U.S.C. 552a cited in Sec. 322.10(a) and is subject to the 
statutory limitations noted in that paragraph.
    Authority: 5 U.S.C. 552a(k) (1), (k) (2)
    Reasons: This system of records is exempted from all subsections 
cited pursuant to exemption (k)(1) to protect from unauthorized 
disclosure classified information which may be contained in records and 
files making up this system. The exemption does not limit access to that 
portion of the records in the system which are not classified or 
otherwise protected from unauthorized disclosure.
    This system of records is also exempted from all subsections cited 
pursuant to exemption (k)(2) to protect investigatory materials related 
to the enforcement of laws with respect to claims against the 
Government. The exemption does not limit access to that portion of the 
records in the system not related to investigations of claims or 
otherwise protected from unauthorized disclosure.
    (9) System name: NSA/CSS Personnel File
    Exemption: This system of records is exempted from the sections of 
Title 5 U.S.C. 552a cited in Sec. 322.10(a) and is subject to the 
statutory limitations noted in that paragraph.
    Authority: 5 U.S.C. 552a(k) (1), (k) (5), (k) (6)
    Reasons: This system of records is exempted from all subsections 
cited pursuant to exemption (k)(1) to protect from unauthorized 
disclosure classified information which may be contained in records and 
files making up the system. The exemption does not limit access to that 
portion of the rec- ords in the system which are not classified or 
otherwise protected from unauthorized disclosure.
    This system of records is exempted from all subsections cited 
pursuant to exemption (k)(5) to protect the identity of confidential 
sources of information constituting investigatory material compiled 
solely for the purpose of determining suitability, eligibility, or 
qualifications for Federal civilian employment, Federal contracts or 
access to classified information. The exemption does not limit access to 
that portion of the records in the system which are not exempted or 
otherwise protected from unauthorized disclosure.
    This system of records is also exempted from all subsections cited 
pursuant to exemption (k)(6) to protect those testing or examination 
materials used solely to determine individual qualifications for 
employment in the Federal service the disclosure of which would 
compromise the objectivity or fairness of the testing or examination 
process.
    (10) System name: NSA/CSS Personnel Security File
    Exemption: This system of records is exempted from the sections of 
Title 5 U.S.C. 552a cited in Sec. 322.10(a) and is subject to the 
limitations noted in that paragraph.
    Authority: 5 U.S.C. 552a (k)(1), (k)(2), (k)(5), and (k)(6)
    Reasons: This system of records is exempted from all subsections 
cited pursuant to exemption (k)(1) to protect from unauthorized 
disclosure classified information which may be contained in records and 
files making up the system. The exemption does not limit access to that 
portion of the rec- ords in the system which are not classified or 
otherwise protected from unauthorized disclosure.
    This system of records is exempted from all subsections cited 
pursuant to exemption (k)(2) to protect investigatory materials compiled 
for purposes of enforcement of Pub. L. 88-290 and title 18 U.S.C. 798 as 
well as other appropriate criminal and civil laws related to the 
protection of sensitive cryptologic information. Both statutes cited 
require the Director, NSA, to observe special procedures and standards 
in permitting access to sensitive cryptologic information and provide 
statutory authority to act when those standards are breached. The 
materials contained in this system are of an investigatory nature, are 
maintained on a continuing basis and are used to insure compliance with 
and enforcement of the cited statutes.
    This system of records is exempted from all subsections cited 
pursuant to exemption

[[Page 895]]

(k)(5) to protect the identity of confidential sources of information 
constituting investigatory material compiled solely for the purpose of 
determining suitability, eligibility, or qualifications for Federal 
civilian employment, Federal contracts or access to classified 
information. The exemption does not limit access to that portion of the 
records in the system which are not exempted or otherwise protected from 
unauthorized disclosure.
    This system of records is exempted from all subsections cited 
pursuant to exemption (k)(6) to protect testing or examination materials 
and procedures, the disclosure of which would compromise the objectivity 
or fairness of the testing or examination process.
    (11) System name: NSA/CSS Time, Attendance, and Absence
    Exemption: This system of records is exempted from the sections of 
Title 5 U.S.C. 552a cited in Sec. 322.10(a) and is subject to the 
limitations noted in that paragraph.
    Authority: 5 U.S.C. 552a(k)(1)
    Reasons: This system of records is exempted from all subsections 
cited pursuant to exemption (k)(1) to protect from unauthorized 
disclosure classified information which may be contained in records and 
files making up the system. The exemption does not limit access to that 
portion of the rec- ords in the system which are not classified or 
otherwise protected from unauthorized disclosure.
    (12) System name: NSA/CSS Training
    Exemption: This system of records is exempted from the sections of 
Title 5 U.S.C. 552a cited in Sec. 322.10(a) and is subject to the 
limitations noted in that paragraph.
    Authority: 5 U.S.C. 552a (k)(1), (k)(5), (k)(6).
    Reasons: This system of records is exempted from all subsections 
cited pursuant to exemption (k)(1) to protect from unauthorized 
disclosure classified information which may be contained in records and 
files making up the system. The exemption does not limit access to that 
portion of the records in the system which are not classified or 
otherwise protected from unauthorized disclosure.
    This system of records is exempted from all subsections cited 
pursuant to exemption (k)(5) to protect the identity of confidential 
sources of information constituting investigatory material compiled 
solely for the purpose of determining suitability, eligibility, or 
qualifications for Federal civilian employment, Federal contracts or 
access to classified information. The exemption does not limit access to 
that portion of the records in the system which are not exempted or 
otherwise protected from unauthorized disclosure.
    This system of records is also exempted from all subsections cited 
pursuant to exemption (k)(6) to protect those testing or examination 
materials used solely to determine individual qualifications for 
employment in the Federal service the disclosure of which would 
compromise the objectivity or fairness of the testing or examination 
process.
    (13) System name: NSA/CSS Archival Records.
    Exemption: This system is exempted from the sections of Title 5 
U.S.C. 552a cited in Sec. 322.10(a) and is subject to the statutory 
limitations noted in that paragraph.
    Authority: 5 U.S.C. 552a(k)(1) and (k)(4).
    Reasons: This system of records is exempted from all subsections 
cited pursuant to exemption (k)(1) to protect from unauthorized 
disclosure classified information which may be contained in records and 
files making up the system. The exemption does not limit access to that 
portion of the rec- ords in the system which are not classified or 
otherwise protected from unauthorized disclosure.
    This system is exempted from all subsections cited pursuant to 
exemption (k)(4) where individual records and files are maintained and 
used solely for statistical compliance with those requirements with a 
minimum of administrative burden and expense.
    (14) System Identification and Name--GNSA14, entitled ``NSA/CSS 
Library Patron File Control System''.
    Exemption--Portions of this system which fall within 5 U.S.C. 552a 
(k)(1) and (k)(4) are exempt from the following provisions of 5 U.S.C. 
552a, sections (c)(3), (d) (1)-(5), (e)(1), (e)(4) (G)-(I), and (f) (1)-
(5).
    Authority--5 U.S.C. 552a (k)(1) and (k)(4).
    Reasons--This record system is exempted from all subsections 
pursuant to exemption (k)(1) to protect from unauthorized disclosure 
classified information which may be contained in records and files 
making up the system. The exemption does not limit access to that 
portion of the records in the system which are not classified or 
otherwise protected from unauthorized disclosure.
    This record system is exempted from all subsections pursuant to 
exemption (k)(4) to protect from unauthorized disclosure records 
maintained for statistical research or program evaluation. The exemption 
does not limit access to that portion of the records in the system which 
are not classified or otherwise protected from unauthorized disclosure.
    (15) System Identification and Name--GNSA15, entitled ``NSA/CSS 
Computer Users Control System''.
    Exemption--Portions of this system which fall within 5 U.S.C. 552a 
(k)(1) and (k)(2) are exempt from the following provisions of 5 U.S.C. 
552a, sections (c)(3), (d) (1)-(5), (e)(1), (e)(4) (G)-(I), and (f) (1)-
(5).
    Authority--5 U.S.C. 552a (k)(1) and (k)(2).
    Reasons--This system of records is exempted from all subsections 
pursuant to exemption (k)(1) to protect from unauthorized disclosure 
classified information which may be contained in records and files 
making up the system. The exemption does not limit access

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to that portion of the records in the system which are not classified or 
otherwise protected from unauthorized disclosure.
    This system of records is exempted from all subsections cited 
pursuant to exemption (k)(2) to the extent that individual records and 
files are related to investigations to enforce the provisions of Pub. L. 
88-290 and consistent with the provisions of that statute with respect 
to individual access to such records. The purpose of the exemption is to 
protect the integrity of investigations conducted pursuant to Pub. L. 
88-290.
    (16) System Identification and Name--GNSA16, entitled ``NSA/CSS Drug 
Testing Program''.
    Exemption--Portions of this system which fall within 5 U.S.C. 
552a(k)(1) are exempt from the following provisions of 5 U.S.C. 552a, 
sections (c)(3), (d) (1)-(5), (e)(1), (e)(4) (G)-(I), and (f) (1)-(5).
    Authority--5 U.S.C. 552a(k)(1).
    Reasons--This system of records is exempted from all subsections 
cited pursuant to exemption (k)(1) to protect from unauthorized 
disclosure classified information which may be contained in records and 
files making up the system.
    (17) System Identification and Name--GNSA17, entitled ``Employee 
Assistance Service (EAS) Case Record System''.
    Exemption--Portions of this system which fall within 5 U.S.C. 552a 
(k)(1), (k)(2), (k)(4) and (k)(5) are exempt from the following 
provisions of 5 U.S.C. 552a, sections (c)(3), (d) (1)-(5), (e)(1), 
(e)(4) (G)-(I), and (f) (1)-(5).
    Authority--5 U.S.C. 552a (k)(1), (k)(2), (k)(4), and (k)(5).
    Reasons--This system of records is exempted from all subsections 
cited pursuant to exemption (k)(1) to protect from unauthorized 
disclosure classified information which may be contained in records and 
files making up the system.
    This system of records is exempted from all subsections cited 
pursuant to exemption (k)(2) to the extent that individual records and 
files are related to investigations to enforce the provisions of Public 
Law 92-261 and consistent with the provisions of that statute with 
respect to individual access to such records. The purpose of the 
exemption is to protect the integrity of investigations conducted 
pursuant to Public Law 92-261.
    This record system is exempted from all subsections pursuant to 
exemption (k)(4) to protect from unauthorized disclosure records 
maintained for statistical research or program evaluation. The exemption 
does not limit access to that portion of the records in the system which 
are not classified or otherwise protected from unauthorized disclosure.
    This system of records is also exempted from all subsections cited 
pursuant to exemption (k)(5) to protect the identity of confidential 
sources of information constituting investigatory material compiled 
solely for the purpose of determining suitability, eligibility, or 
qualifications for federal civilian employment, federal contracts, or 
access to classified information. The exemption does not limit access to 
that portion of the records in the system which are not exempted or 
otherwise protected from unauthorized disclosure.
    (18) System identification and name--GNSA18, NSA/CSS Operations 
Files.
    Exemption--Portions of this record system may be exempted from 
subsections of 5 U.S.C. 552a (c)(3), (d)(1)--(5), (e)(4)(G)--(I), and 
(f)(1)--(5).
    Authority--5 U.S.C. 552a(k) (1), (2) and (5).
    Reasons--Subsection (c)(3) because there may be occasions when 
making an accounting available to the individual named in the record at 
his or her request, would reveal classified information. 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.
    Subsection (d) because granting access and/or subsequent amendment 
to the record would reveal classified information. It may also 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. NSA/CSS may 
refuse to confirm or deny the existence of a particular record because 
to do so would reveal classified information.
    Subsection (e)(4)(G), (e)(4)(H), and (e)(4)(I). Although NSA/CSS has 
published procedures whereby an individual can be notified if a 
particular record system contains information about themselves; how to 
gain access to that information; and the source of the information, 
there may be occasions when confirming that a record exists, granting 
access, or giving out the source of the information would reveal 
classified information.
    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. The confirming or denying 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

[[Page 897]]

amendment procedures for this record system. Also, because this record 
system is exempt from the individual access provisions of subsection 
(d).

[40 FR 44294, Sept. 25, 1975, as amended at 45 FR 80106, Dec. 3, 1980; 
52 FR 41711, Oct. 30, 1987; 55 FR 34907, Aug. 27, 1990; 56 FR 16007, 
Apr. 19, 1991. Redesignated at 56 FR 55631, Oct. 29, 1991, as amended at 
56 FR 57803, Nov. 14, 1991]