[Code of Federal Regulations]

[Title 45, Volume 3]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 45CFR705.13]



[Page 295-296]

 

                        TITLE 45--PUBLIC WELFARE

 

                 CHAPTER VII--COMMISSION ON CIVIL RIGHTS

 

PART 705_MATERIALS AVAILABLE PURSUANT TO 5 U.S.C. 552a--Table of Contents

 

Sec. 705.13  Exemptions.



    (a) Under the provision of 5 U.S.C. 552a(k), it has been determined 

by the agency that the following exemptions are necessary and proper and 

may be asserted by the agency:

    (1) Exemption (k)(2) of the Act. Investigatory material compiled for 

law enforcement purposes, other than material within the scope of 

subsection (j)(2) of the Privacy Act: Provided, however, That if any 

individual is denied any right, privilege, or benefit that he or she 

would otherwise be eligible for, as a result of the maintenance of such 

material, such material shall be provided to such individual, except to 

the extent that the disclosure of such material would reveal the 

identify of a source who furnished information to the Government under 

an express promise that the identity of the source would be held in 

confidence, or, prior to [the effective date of this section], under an 

implied promise that the identity of the source would be held in 

confidence.

    (2) Exemption (k)(4) of the Act. Statistical personnel records that 

are used only to generate aggregate data or for other evaluative or 

analytical purposes and that are not used to make decisions on the 

rights, benefits, or entitlements of individuals.

    (3) Exemption (k)(5) of the Act. Investigatory material maintained 

solely for the purposes of determining an individual's qualifications, 

eligibility, or suitability for employment in the Federal civilian 

service, Federal contracts, or access to classified information, but 

only to the extent that disclosure of such material would reveal the 

identity of the source who furnished information to the Government under 

an express 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.

    (4) Exemption (k)(6) of the Act. Testing or examination material 

used solely to determine individual qualifications for promotion or 

appointment in the Federal service the disclosure of which would 

compromise the objectivity or fairness of the testing or examination 

process.

    (b) Following are Commission systems of records that are partially 

exempt under 5 U.S.C. 552a(k)(2), (4), (5), and (6) and the reasons for 

such exemptions:

    (1) Appeals, Grievances, and Complaints (staff)--Commission Project, 

CRC-001. Exempt partially under 5 U.S.C. 552a(k)(2). The reasons for 

possibly asserting the exemptions are to prevent subjects of 

investigation from frustrating the investigatory process, 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.

    (2) Complaints, CRC-003--Exempt partially under 5 U.S.C. 552a(k)(2). 

The reasons for possibly asserting the exemptions are to prevent 

subjects of investigation from frustrating the investigatory process, 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.



[[Page 296]]



    (3) Commission projects, CRC-004--Partially exempt under 5 U.S.C. 

552a(k)(2). The reasons for asserting the exemptions are to prevent 

subjects of investigation from frustrating the investigatory process, 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.

    (4) Other Employee Programs: EEO, Troubled Employee, and Upward 

Mobility, CRC-006--Partially exempt under 5 U.S.C. 552a(k)(4), (5), and 

(6). The reasons for asserting the exemptions 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, primarily, to 

facilitate proper selection or continuance of the best applicants or 

persons for a given position.

    (5) State Advisory Committees Projects, CRC-009--Partially exempt 

under 5 U.S.C. 552a(k)(2). The reasons for possibly asserting the 

exemptions are to prevent subjects of investigation from frustrating the 

investigatory process, 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.