PART 4--DISCLOSURE OF GOVERNMENT INFORMATION

Subpart B--Privacy Act

Sec. 4.34  Specific exemptions.

    (a)(1) Certain systems of records under the Act that are maintained
by the Department may occasionally contain material subject to 5 U.S.C.
552a(k)(1), relating to national defense and foreign policy materials.
The systems of records published in the Federal Register by the
Department that are within this exemption are:

COMMERCE/ITA-1, COMMERCE/ITA-2, COMMERCE/ITA-3, COMMERCE/NOAA-11,
COMMERCE/PAT-TM-4, COMMERCE/DEPT-12, COMMERCE/DEPT-13, and COMMERCE/
DEPT-14.

    (2) The Department hereby asserts a claim to exemption of such
materials wherever they might appear in such systems of records, or any
systems of records, at present or in the future. The materials would be
exempt from 5 U.S.C. 552a (c)(3), (d), (e)(1), (e)(4) (G), (H), and
(I), and (f), because the materials are required by Executive order to
be kept secret in the interest of the national defense and foreign
policy.
    (b) The specific exemptions determined to be necessary and proper
with respect to systems of records maintained by the Department,
including the parts of each system to be exempted, the provisions of
the Act from which they are exempted, and the justification for the
exemption, are as follows:
    (1) Exempt under 5 U.S.C. 552a(k)(1). The systems of records exempt
hereunder appear in paragraph (a) of this section. The claims for
exemption of COMMERCE/DEPT-12, COMMERCE/ITA-1, and COMMERCE/NOAA-11
under this paragraph are subject to the condition that the general
exemption claimed in Sec. 4.33(b)(3) is held to be invalid.
    (2)(i) Exempt under 5 U.S.C. 552a(k)(2). The systems of records
exempt (some only conditionally), the sections of the Act from which
exempted, and the reasons therefor are as follows:
    (A) Individuals identified in Export Administration compliance
proceedings or investigations--COMMERCE/ITA-1, but only on condition
that the general exemption claimed in Sec. 4.33(b)(1) is held to be
invalid;
    (B) Individuals involved in export transactions--COMMERCE/ITA-2;
    (C) Fisheries Law Enforcement Case Files--COMMERCE/NOAA-11, but
only on condition that the general exemption claimed in Sec. 4.33(b)(2)
is held to be invalid;
    (D) Investigative and Inspection Records--COMMERCE/DEPT-12, but
only on condition that the general exemption claimed in Sec. 4.33(b)(3)
is held to be invalid;
    (E) Investigative Records--Persons Within the Investigative
Jurisdiction of the Department--COMMERCE/DEPT-13;
    (F) Litigation, Claims and Administrative Proceeding Records--
COMMERCE/DEPT-14; and

    (ii) The foregoing are exempted from 5 U.S.C. 552a (c)(3), (d),
(e)(1), (e)(4)(G), (H), and (I), and (f). The reasons for asserting the
exemption are to prevent subjects of investigation from frustrating the
investigatory process; to ensure the proper functioning and integrity
of law enforcement activities; to prevent disclosure of investigative
techniques; to maintain the ability to obtain necessary information; to
fulfill commitments made to sources to protect their identities and the
confidentiality of information; and to avoid endangering these sources
and law enforcement personnel. Special note is

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taken that the proviso clause in this exemption imports due process and
procedural protections for the individual. The existence and general
character of the information exempted shall be made known to the
individual to whom it pertains.
    (3)(i) Exempt under 5 U.S.C. 552a(k) (4). The systems of records
exempt, the sections of the Act from which exempted, and the reasons
therefor are as follows:
    (A) Agriculture Census Records for 1974 and 1978--COMMERCE/CENSUS-
1;
    (B) Individual and Household Statistical Surveys and Special Census
Studies Records-- COMMERCE/CENSUS-3;
    (C) Minority-Owned Business Enterprises Survey Records-- COMMERCE/
CENSUS-4;
    (D) Population and Housing Census Records of the 1960 and
Subsequent Censuses--COMMERCE/ CENSUS-5;
    (E) Population Census Personal Service Records for 1900 and All
Subsequent Decennial Censuses--COMMERCE/CENSUS-6; and
    (F) Special Censuses of Population Conducted for State and Local
Government--COMMERCE/CENSUS-7.
    (G) Statistical Administrative Records System--COMMERCE/CENSUS-8.
    (ii) The foregoing are exempted from 5 U.S.C. 552a(c)(3), (d),
(e)(1), (e)(4)(G) (H), and (I), and (f). The reasons for asserting the
exemption are to comply with the prescription of Title 13 of the United
States Code, especially sections 8 and 9 relating to prohibitions
against disclosure, and to avoid needless consideration of these
records whose sole statistical use comports fully with a basic purpose
of the Act, namely, that no adverse determinations are made from these
records as to any identifiable individual.
    (4)(i) Exempt under 5 U.S.C. 552a(k)(5). The systems of records
exempt (some only conditionally), the sections of the Act from which
exempted, and the reasons therefor are as follows:
    (A) Applications to U.S. Merchant Marine Academy (USMMA)--COMMERCE/
MA-1;
    (B) USMMA Midshipman Medical Files--COMMERCE/MA-17;
    (C) USMMA Midshipman Personnel Files--COMMERCE/MA-18;
    (D) USMMA Non-Appropriated fund Employees--COMMERCE/MA-19;
    (E) Applicants for the NOAA Corps--COMMERCE/NOAA-4;
    (F) Commissioned Officer Official Personnel Folders--COMMERCE/NOAA-
7;
    (G) Conflict of Interest Records, Appointed Officials--COMMERCE/
DEPT-3;
    (H) Investigative and Inspection Records--COMMERCE/DEPT-12, but
only on condition that the general exemption claimed in Sec. 4.33(b)(3)
is held to be invalid;
    (I) Investigative Records--Persons Within the Investigative
Jurisdiction of the Department--COMMERCE/DEPT-13; and
    (J) Litigation, Claims, and Administrative Proceeding Records--
COMMERCE/DEPT-14.
    (ii) The foregoing are exempted from 5 U.S.C. 552a (c)(3), (d),
(e)(1), (e)(4) (G), (H), and (I), and (f). The reasons for asserting
the exemption are to maintain the ability to obtain candid and
necessary information, to fulfill commitments made to sources to
protect the confidentiality of information, to avoid endangering these
sources and, ultimately, to facilitate proper selection or continuance
of the best applicants or persons for a given position or contract.
Special note is made of the limitation on the extent to which this
exemption may be asserted. The existence and general character of the
information exempted will be made known to the individual to whom it
pertains.
    (c) At the present time, the Department claims no exemption under 5
U.S.C. 552a(k) (3), (6) and (7).