81 FR 8834 - Privacy Act; STATE-75, Family Advocacy Case Records

DEPARTMENT OF STATE

Federal Register Volume 81, Issue 35 (February 23, 2016)

The Department of State (the Department) finalizes its rule exempting portions of the Family Advocacy Case Records, State-75, from one or more provisions of the Privacy Act of 1974.

[Federal Register Volume 81, Number 35 (Tuesday, February 23, 2016)]
[Rules and Regulations]
[Pages 8834-8835]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-03630]


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DEPARTMENT OF STATE

22 CFR Part 171

[Public Notice: 9448]
RIN 1400-AD78


Privacy Act; STATE-75, Family Advocacy Case Records

AGENCY: Department of State.

ACTION: Final rule.

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SUMMARY: The Department of State (the Department) finalizes its rule 
exempting portions of the Family Advocacy Case Records, State-75, from 
one or more provisions of the Privacy Act of 1974.

DATES: This rule is effective on February 23, 2016.

FOR FURTHER INFORMATION CONTACT: John Hackett, Director; Office of 
Information Programs and Services, A/GIS/IPS; Department of State, SA-
2; 515 22nd Street NW., Washington, DC 20522-8001, or at 
[email protected].

SUPPLEMENTARY INFORMATION: The Department maintains the Family Advocacy 
Case Records system of records. The primary purpose of this system of 
records is to be utilized at post by members of the Family Advocacy 
Team and in the Department of State by the Family Advocacy Committee. 
The information may be shared within the Department on a need to know 
basis and in medical clearance determinations for overseas assignment 
of covered employees and family members, as well as for making 
determinations involving curtailment, medical evacuation, suitability, 
and security clearance.
    The Department published a notice of proposed rulemaking (NPRM) on 
September 9, 2015, (80 FR 54256) proposing to amend 22 CFR part 171 to 
exempt portions of this system of records from the following 
subsections of the Privacy Act pursuant to subsections (k)(1) and 
(k)(2):
     5 U.S.C. 552a(c)(3) (requiring that an accounting of 
certain disclosures be made available to an individual upon request);
     5 U.S.C. 552a(d) (establishing requirements related to an 
individual's right to access and request amendment to certain records);
     5 U.S.C. 552a(e)(1) (providing that an agency that 
maintains a system of records shall ``maintain in its records only such 
information about an individual as is relevant and necessary to 
accomplish a purpose of the agency required to be accomplished by 
statute or by executive order of the President'');
     5 U.S.C. 552a(e)(4)(G) (requiring that an agency that 
maintains a system of records publish in the Federal Register ``the 
agency procedures whereby an individual can be notified at his request 
if the system of records contains a record pertaining to him'');
     5 U.S.C. 552a(e)(4)(H) (requiring that an agency that 
maintains a system of records publish in the Federal Register ``the 
agency procedures whereby an individual can be notified at his request 
how he can gain access to any record pertaining to him contained in the 
system of records, and how he can contest its content'');
     5 U.S.C. 552a(e)(4)(I) (requiring that an agency that 
maintains a system of records publish in the Federal Register ``the 
categories of sources of records in the system''); and
     5 U.S.C. 552a(f) (requiring that an agency that maintains 
a system of records promulgate certain regulations).
    STATE-75 is exempted under subsection (k)(1) to the extent that 
records within that system are subject to the provisions of 5 U.S.C. 
552(b)(1), which covers materials that: (i) Are specifically authorized 
under criteria established by an Executive order to be kept secret in 
the interest of national defense and foreign policy, and (ii) are in 
fact properly classified pursuant to such Executive order. STATE-75 is 
exempted under subsection (k)(2) to the extent that records within that 
system are comprised of investigatory material compiled for law 
enforcement purposes, subject to the limitations set forth in 
subsection (k)(2). The subsection (k)(2) exemption is intended to 
prevent individuals who are the subject of investigation from 
frustrating the investigatory process, facilitate the proper 
functioning and integrity of law enforcement activities, prevent 
disclosure of investigative techniques, maintain the confidence of 
foreign governments in the integrity of the procedures under which 
privileged or confidential information may be provided, fulfill 
commitments made to sources to protect their identities and the 
confidentiality of information, and avoid endangering sources and law 
enforcement personnel.
    For additional background, see the NPRM published on September 9, 
2015. (80 FR 54256) and the system of records notice published on 
January 5, 2009 (74 FR 330). The Department received no public comments 
on these documents.

List of Subjects in 22 CFR Part 171

    Privacy.

    For the reasons stated in the preamble, 22 CFR part 171 is amended 
as follows:

[[Page 8835]]

PART 171--[AMENDED]

0
1. The authority citation for part 171 continues to read as follows:

    Authority:  5 U.S.C. 552, 552a; 22 U.S.C. 2651a; Pub. L. 95-521, 
92 Stat. 1824, as amended; E.O. 13526, 75 FR 707; E.O. 12600, 52 FR 
23781, 3 CFR, 1987 Comp., p. 235.


Sec.  171.36  [Amended]

0
2. Section 171.36 is amended by adding an entry, in alphabetical order, 
for ``Family Advocacy Case Records, State-75'' to the lists in 
paragraphs (b)(1) and (2)

Joyce A. Barr,
Assistant Secretary for Administration, U.S. Department of State.
[FR Doc. 2016-03630 Filed 2-22-16; 8:45 am]
 BILLING CODE 4710-36-P