Code of Federal Regulations Title 45. Public Welfare § 45.1169.10 NEH systems of records that are covered by exemptions under the Privacy Act

(a) Pursuant to and limited by 5 U.S.C. 552a(j)(2), the NEH system entitled “Office of the Inspector General Investigative Files” shall be exempted from the provisions of 5 U.S.C. 552a, except for subsections (b);  (c)(1) and (2);  (e)(4)(A) through (F);  (e)(6), (7), (9), (10), and (11);  and (i), insofar as that NEH system contains information pertaining to criminal law enforcement investigations. NEH has implemented this exemption because application of these provisions of the Privacy Act might alert investigation subjects to the existence or scope of investigations;  lead to suppression, alteration, fabrication, or destruction of evidence;  disclose investigative techniques or procedures;  reduce the cooperativeness or safety of witnesses;  or otherwise impair investigations.

(b) Pursuant to and limited by 5 U.S.C. 552a(k)(2), the NEH system entitled “Office of the Inspector General Investigative Files” shall be exempted from 5 U.S.C. 552a(c)(3);  (d);  (e)(1);  (e)(4)(G), (H), and (I);  and (f), insofar as that NEH system consists of investigatory material compiled for law enforcement purposes, other than material within the scope of the exemption at 5 U.S.C. 552a(j)(2).

(c) Pursuant to and limited by 5 U.S.C. 552a(k)(5), the NEH system entitled “Grants and Cooperative Agreements:  Electronic Grant Management System” shall be exempted from 5 U.S.C. 552a(c)(3);  (d);  (e)(1);  (e)(4)(G), (H), and (I);  and (f), insofar as that NEH system consists of materials which would reveal the identity of references for fellowship or grant applicants.

(d) Records on applicants for employment at NEH are covered by the Office of Personnel Management government-wide system notice “Recruiting, Examining, and Placement Records.” These records are exempted as claimed in 5 CFR 297.501(b)(7).

(e) Pursuant to 5 U.S.C. 552a(d)(5), nothing within these regulations shall allow an individual access to any information compiled in reasonable anticipation of a civil action or proceeding.

(f) NEH may also assert exemptions for records received from another agency that could properly be claimed by that agency in responding to a request.