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32 C.F.R. § 324.7   Exemption rules.

Title 32 - National Defense

Title 32: National Defense
PART 324—DFAS PRIVACY ACT PROGRAM
Subpart B—Systems of Records

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§ 324.7   Exemption rules.

(a) Submitting proposed exemption rules. Each proposed exemption rule submitted for publication in the Federal Register must contain: The agency identification and name of the record system for which an exemption will be established; The subsection(s) of the Privacy Act which grants the agency authority to claim an exemption for the system; The particular subsection(s) of the Privacy Act from which the system will be exempt; and the reasons why an exemption from the particular subsection identified in the preceding subparagraph is being claimed. No exemption to all provisions of the Privacy Act for any System of records will be granted. Only the Director, DFAS may make a determination that an exemption should be established for a system of record.

(b) Submitting exemption rules for publication. Exemption rules must be published in the Federal Register first as proposed rules to allow for public comment, then as final rules. No system of records shall be exempt from any provision of the Privacy Act until the exemption rule has been published in the Federal Register as a final rule. The DFAS Privacy Act Officer will submit proposed exemption rules, in proper format, to the Defense Privacy Office, for review and submission to the Federal Register for publication. Amendments to exemption rules are submitted in the same manner as the original exemption rules.

(c) Exemption for classified records. Any record in a system of records maintained by the Defense Finance and Accounting Service which falls within the provisions of 5 U.S.C. 552a(k)(1) may be exempt from the following subsections of 5 U.S.C. 552a: (c)(3), (d), (e)(1), (e)(4)(G)-(e)(4)(I) and (f) to the extent that a record system contains any record properly classified under Executive Order 12589 and that the record is required to be kept classified in the interest of national defense or foreign policy. This specific exemption rule, claimed by the Defense Finance and Accounting Service under authority of 5 U.S.C. 552a(k)(1), is applicable to all systems of records maintained, including those individually designated for an exemption herein as well as those not otherwise specifically designated for an exemption, which may contain isolated items of properly classified information

(1) General exemptions. [Reserved]

(2) Specific exemptions. [Reserved]

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