[Federal Register Volume 64, Number 73 (Friday, April 16, 1999)]
[Rules and Regulations]
[Pages 18808-18809]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-9575]


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DEPARTMENT OF STATE

Bureau of Administration
[Public Notice 3021]

22 CFR Part 171


Amendment of State Department Privacy Act Exemptions

AGENCY: Bureau of Administration, Department of State.

ACTION: Final rule.

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SUMMARY: Pursuant to the consolidation of the Arms Control and 
Disarmament Agency (``ACDA'') and the Department of State as mandated 
by the Foreign Affairs Agencies Consolidation Act of 1998, this rule 
amends the exemptions in the State Department's Privacy Act regulations 
to incorporate ACDA's exemptions.

DATES: Effective April 1, 1999.

FOR FURTHER INFORMATION CONTACT: Margaret P. Grafeld, Information and 
Privacy Coordinator and Director of the Office of Information Resources 
Management Programs and Services; Room 1239; Department of State; 2201 
C Street, NW; Washington, DC 20520-1512, (202) 647-6620.

SUPPLEMENTARY INFORMATION: Under the Foreign Affairs Agencies 
Consolidation Act of 1998, Pub. L. 105-277, ACDA and the Department of 
State will be integrated on April 1, 1999. As part of the integration, 
the Department will assume custody and control of systems of records 
currently maintained by ACDA. For a document relating to the State 
Department's assumption of control over these systems of records, see a 
notice published elsewhere in this volume. In order to preserve the 
exemptions under the Privacy Act applicable to ACDA's system of 
records, this rule incorporates the exemptions previously found at 22 
CFR 603.8 into the State Department's regulations at 22 CFR 171.32.
    This rule involves agency management functions and, therefore, is 
not subject to the procedures required by 5 U.S.C. 553 and 801. It is 
also exempt from review under Executive Order 12866 but has been 
reviewed internally by the Department to ensure consistency with the 
purposes thereof. This amendment has been found to be a minor rule 
within the meaning of the Small Business Regulatory Enforcement 
Fairness Act of 1996, Pub. L. 104-121. It does not require analysis 
under the Regulatory Flexibility Act or the Unfunded Mandates Reform 
Act.

List of Subjects in 22 CFR Part 171

    Privacy.

    Accordingly, for the reasons set forth above, upon the abolition of 
ACDA under Pub. L. 105-277, part 171 of Title 22, Code of Federal 
Regulations is amended as follows:

PART 171--[AMENDED]

    1. The authority citation for part 171 continues to read as 
follows:

    Authority: The Freedom of Information Act, 5 U.S.C. 552; The 
Privacy Act, 5 U.S.C. 552a; The Administrative Procedure Act, 5 
U.S.C. 551, et seq.; The Ethics in Government Act, 5 U.S.C. App. 
201; Executive Order 12356, 47 FR 14874; and Executive Order 12600, 
52 FR 23781.

    2. Section 171.32 is amended by adding the following exemptions to 
paragraphs (j)(1), (j)(2), and (j)(5) to read as follows:


Sec. 171.32  Exemptions.

* * * * *
    (j) * * *
    (1) * * *
    Statements by Principals during the Strategic Arms Limitation 
Talks, Mutual Balanced Force Reduction negotiations, and the Standing 
Consultative Committee. ACDA-4.
    (2) * * *
    Security Records. ACDA-3. Provided, however, that if any individual 
is denied any right, privilege, or benefit to which the individual 
would otherwise be entitled by Federal law, or for which the individual 
would otherwise be eligible, as a result of the maintenance of such 
material, such material will be provided to such individual, except to 
the extent that disclosure of such material would reveal the identity 
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, if furnished to the Government prior to September 27, 
1975, under an implied promise that the identity of the source would be 
held in confidence.
* * * * *
    (5) * * *
    Security Records. ACDA-3. This system contains investigatory 
materials compiled solely for the purpose of determining suitability, 
eligibility, or

[[Page 18809]]

qualifications for Federal civilian employment, military service, 
Federal contracts, or access to classified information which is exempt 
from disclosure by the Act (5 U.S.C. 552a(k)(5)), but only to the 
extent that disclosure of such material would reveal the identity 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 
if furnished to the Government prior to September 27, 1975, under an 
implied promise that the identity of the source would be held in 
confidence.
* * * * *
    Dated: March 30, 1999.
Patrick F. Kennedy,
Assistant Secretary for the Bureau of Administration, Department of 
State.
[FR Doc. 99-9575 Filed 4-15-99; 8:45 am]
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