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 Department of State 22 CFR Part 171
[Public Notice: 12014]
RIN 1400-AF62
 AGENCY: Department of State.
 ACTION: Final rule.
 SUMMARY: The Department of State is removing Email Archive Management Records, State-01, from the list of system of records notices (SORNs) for which Privacy Act exemptions are claimed. The Department has determined that the system covered by this SORN, eRecords Archive, does not constitute a system of records under the Privacy Act of 1974.
 DATES: This rule is effective on August 25, 2023.
 FOR FURTHER INFORMATION CONTACT: Eric F. Stein, Senior Agency Official for Privacy; U.S. Department of State; Office of Global Information Services, A/GIS; Room 4534, 2201 C St. NW, Washington, DC 20520 or by calling on (202) 485-2051.


SUPPLEMENTARY INFORMATION: Email Archive Management Records, State-01 must be rescinded because the characteristics of the eRecords Archive system, which State-01 covers, do not render it a system of records within the meaning of 5 U.S.C. 552a. The millions of emails, diplomatic cables, and other files that the system ingests are not “records” as defined by § 552a(a)(4), as they are not records “about” the individuals incidentally mentioned in the files. eRecords is not a “system of records” as defined by section 552a(a)(5) because it (1) does not index files by personal identifier and (2) is not used to retrieve data by using a personal identifier. Pursuant to 5 U.S.C. 552a (j)(2), records in State-01 were exempted from subsections (c)(3) and (4), (d), (e)(1), (2), (3), and (e)(4)(G), (H), and (I), and (f) of the Privacy Act. Pursuant to 5 U.S.C. 552a (k)(1), (k)(2), (k)(3), (k)(4), (k)(5), (k)(6), and (k)(7), records in State-01 were exempted from subsections (c)(3), (d)(1), (d)(2), (d)(3), (d)(4), (d)(5), (e)(1), (e)(4)(G), (e)(4)(H), (e)(4)(I), (f)(1), (f)(2), (f)(3), (f)(4), and (f)(5). This rulemaking amends 22 CFR 171.26 by removing STATE-01 from the lists of exemptions. Regulatory Analysis This rulemaking is published as a final rule with immediate effect due to the good cause exemption of the Administrative Procedure Act, 5 U.S.C. 
                    ( print page 58073)
                    553(b)(3)(B) and 553(d). The Department finds that public comment on this rulemaking would be unnecessary. List of Subjects in 22 CFR Part 171 Privacy
 For the reasons stated in the preamble, 22 CFR part 171 is amended as follows: PART 171—PUBLIC ACCESS TO INFORMATION
 1.The authority citation for part 171 is revised to read as follows: Authority:
                        22 U.S.C. 2651a; 5 U.S.C. 552, 552a; 5 U.S.C. Ch. 131; E.O. 12600, 52 FR 23781, 3 CFR, 1987 Comp., p. 235; 5 CFR part 2634. 2.Section 171.26 is amended by revising paragraphs (a)(2)(iii) and (b)(1) through (7) to read as follows: § 171.26
  
 (a) * * * (2) * * * (iii) Reports identifiable to an individual compiled at any stage of the process of enforcement of the criminal laws from arrest or indictment through release from supervision. The reason for invoking these exemptions is to ensure effective criminal law enforcement processes. Records maintained by the Department in the following systems of records are exempt from all of the provisions of the PA except paragraphs (b), (c)(1) and (2), (e)(4)(A) through (F), (e)(6), (e)(7), (e)(9), (e)(10), and (e)(11), and (i), to the extent to which they meet the criteria of section (j)(2) of 5 U.S.C. 552a. The names of the systems correspond to those published in the 
                            **Federal Register**
                             by the Department. Table 1 to Paragraph (
                                a
                                )(2)(
                                iii
                                )
Title
NumberInformation Access Program Records
STATE-35.Office of Inspector General Investigation Management System
STATE-53.Risk Analysis and Management
STATE-78.Security Records
STATE-36.
 (b) * * * (1) 
                            *Exempt under 5 U.S.C. 552a(k)(1).*
                             Records contained within the following systems of records are exempt under this section to the extent that they are subject to the provisions of 5 U.S.C. 552(b)(1). Table 2 to Paragraph (
                                b
                                )(1)
Title
NumberBoard of Appellate Review Records
STATE-02.Congressional Correspondence
STATE-43.Congressional Travel Records
STATE-44.Coordinator for the Combating of Terrorism Records
STATE-06.External Research Records
STATE-10.Extradition Records
STATE-11.Family Advocacy Case Records
STATE-75.Foreign Assistance Inspection Records
STATE-48.Human Resources Records
STATE-31.Information Access Programs Records
STATE-35.Intelligence and Research Records
STATE-15.International Organizations Records
STATE-17.Law of the Sea Records
STATE-19.Legal Case Management Records
STATE-21.Munitions Control Records
STATE-42.Office of Inspector General Investigation Management System
STATE-53.Overseas Citizens Services Records
STATE-05.Passport Records
STATE-26.Personality Cross-Reference Index to the Secretariat Automated Data Index
STATE-28.Personality Index to the Central Foreign Policy Records
STATE-29.Personnel Payroll Records
STATE-30.Records of Domestic Accounts Receivable
STATE-23.Records of the Office of the Assistant Legal Adviser for International Claims and Investment Disputes
STATE-54.Records of the Office of White House Liaison
STATE-34.Refugee Records
STATE-59.Risk Analysis and Management Records
STATE-78.Rover Records
STATE-41.Security Records
STATE-36.Visa Records
STATE-39.
 (2) 
                            *Exempt under 5 U.S.C. 552a(k)(2).*
                             Records contained within the following systems of records are exempt under this section to the extent that they consist of investigatory material compiled for law enforcement purposes, subject to the limitations set forth in 5 U.S.C. 552a(k)(2).
                            ( print page 58074) Table 3 to Paragraph (
                                b
                                )(2)
Title
NumberBoard of Appellate Review Records
STATE-02.Coordinator for the Combating of Terrorism Records
STATE-06.Extradition Records
STATE-11.Family Advocacy Case Records
STATE-75.Foreign Assistance Inspection Records
STATE-48.Garnishment of Wages Records
STATE-61.Information Access Program Records
STATE-35.Intelligence and Research Records
STATE-15.Munitions Control Records
STATE-42.Office of Foreign Missions Records
STATE-81.Office of Inspector General Investigation Management System
STATE-53.Overseas Citizens Services Records
STATE-05.Passport Records
STATE-26.Personality Cross-Reference Index to the Secretariat Automated Data Index
STATE-28.Personality Index to the Central Foreign Policy Records
STATE-29.Risk Analysis and Management Records
STATE-78.Security Records
STATE-36.Visa Records
STATE-39.
 (3) 
                            *Exempt under 5 U.S.C. 552a(k)(3).*
                             Records contained within the following systems of records are exempt under this section to the extent that they are maintained in connection with providing protective services pursuant to 18 U.S.C. 3056. Table 4 to Paragraph (
                                b
                                )(3)
Title
NumberExtradition Records
STATE-11.Information Access Programs Records
STATE-35.Intelligence and Research Records
STATE-15.Overseas Citizens Services Records
STATE-05.Passport Records
STATE-26.Personality Cross-Reference Index to the Secretariat Automated Data Index
STATE-28.Personality Index to the Central Foreign Policy Records
STATE-29.Security Records
STATE-36.Visa Records
STATE-39.
 (4) 
                            *Exempt under 5 U.S.C. 552a(k)(4).*
                             Records contained within the following systems of records are exempt under this section to the extent that they are required by statute to be maintained and are used solely as statistical records. Table 5 to Paragraph (
                                b
                                )(4)
Title
NumberForeign Service Institute Records
STATE-14.Human Resources Records
STATE-31.Information Access Programs Records
STATE-35.Overseas Citizens Services Records
STATE-05.Personnel Payroll Records
STATE-30.Security Records
STATE-36.
 (5) 
                            *Exempt under 5 U.S.C. 552a(k)(5).*
                             Records contained within the following systems of records are exempt under this section to the extent that they consist of investigatory material compiled solely for the purpose of determining suitability, eligibility, or qualifications for Federal civilian employment, military service, Federal contracts, or access to classified information, but only to the extent that disclosure of such material would reveal the identity of a confidential informant. Table 6 to Paragraph (
                                b
                                )(5)
Title
NumberForeign Assistance Inspection Records
STATE-48.Foreign Service Grievance Board Records
STATE-13.Human Resources Records
STATE-31.Information Access Programs Records
STATE-35.( print page 58075)Legal Adviser Attorney Employment Application Records
STATE-20.Office of Inspector General Investigation Management System
STATE-53.Overseas Citizens Services Records
STATE-25.Personality Cross-Reference Index to the Secretariat Automated Data Index
STATE-28.Records Maintained by the Office of Civil Rights
STATE-09.Records of the Office of White House Liaison
STATE-34.Risk Analysis and Management Records
STATE-78.Rover Records
STATE-41.Security Records
STATE-36.Senior Personnel Appointments Records
STATE-47.
 (6) 
                            *Exempt under 5 U.S.C. 552a(k)(6).*
                             Records contained within the following systems of records are exempt under this section to the extent that they consist of testing or examination material used solely to determine individual qualifications for appointment or promotion in the Federal service the disclosure of which would compromise the objectivity or fairness of the testing or examination process. Table 7 to Paragraph (
                                b
                                )(6)
Title
NumberForeign Service Institute Records
STATE-14.Human Resources Records
STATE-31.Information Access Programs Records
STATE-35.Records Maintained by the Office of Civil Rights
STATE-09.Security Records
STATE-36.
 (7) 
                            *Exempt under 5 U.S.C. 552a(k)(7).*
                             Records contained within the following systems of records are exempt under this section to the extent that they consist of evaluation material used to determine potential for promotion in the armed services, but only to the extent that such disclosure would reveal the identity of a confidential informant. Table 8 to Paragraph (
                                b
                                )(7)
Title
NumberHuman Resources Records
STATE-31.Information Access Programs Records
STATE-35.Overseas Citizens Services Records
STATE-25.Personality Cross-Reference Index to the Secretariat Automated Data Index
STATE-28.Personality Index to the Central Foreign Policy Records
STATE-29.Security Records
STATE-36.
 Eric F. Stein, Deputy Assistant Secretary, Global Information Services (A/GIS), Department of State.


[FR Doc. 2023-18143 Filed 8-24-23; 8:45 am] BILLING CODE 4710-AD-P