22 C.F.R. § 171.26

Current through September 30, 2024

Section 171.26 - Exemptions

Systems of records maintained by the Department are authorized to be exempt from certain provisions of the PA under both general and specific exemptions set forth in the Act. In utilizing these exemptions, the Department is exempting only those portions of systems that are necessary for the proper functioning of the Department and that are consistent with the PA. Where compliance would not interfere with or adversely affect the law enforcement process, and/or where it may be appropriate to permit individuals to contest the accuracy of the information collected, the applicable exemption may be waived, either partially or totally, by the Department or the OIG, in the sole discretion of the Department or the OIG, as appropriate. Records exempt under 5 U.S.C. 552a(j) or (k) by the originator of the record remain exempt if subsequently incorporated into any Department system of records, provided the reason for the exemption remains valid and necessary.

(a)General exemptions. If exempt records are the subject of an access request, the Department will advise the requester of their existence and of the name and address of the source agency, unless that information is itself exempt from disclosure.

(1) Individuals may not have access to records maintained by the Department that are maintained or originated by the Central Intelligence Agency under 5 U.S.C. 552a(j)(1) .

(2) In accordance with 5 U.S.C. 552a(j)(2) , individuals may not have access to records maintained or originated by an agency or component thereof that performs as its principal function any activity pertaining to the enforcement of criminal laws, including police efforts to prevent, control, or reduce crime or to apprehend criminals, and the activities of prosecutors, courts, correctional, probation, pardon, or parole authorities, and which consists of:

(i) Information compiled for the purpose of identifying individual criminal offenders and alleged offenders and consisting only of identifying data and notations of arrests, the nature and disposition of criminal charges, sentencing, confinement, release, and parole and probation status;

(ii) Information compiled for the purpose of a criminal investigation, including reports of informants and investigators, and associated with an identifiable individual; or

(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	No.
Information 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)Specific exemptions. Portions of the following systems of records are exempt from 5 U.S.C. 552a(c)(3), (d), (e)(1), and (4), (G), (H), and (I), and (f) . The names of the systems correspond to those published in the FEDERAL REGISTER by the Department.

(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	No.
Board 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.
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) .

Table 3 to Paragraph (b)(2)

Title	No.
Board 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.
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	No.
Extradition 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.
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	No.
Foreign 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	No.
Foreign Assistance Inspection Records	STATE-48.
Foreign Service Grievance Board Records	STATE-13.
Human Resources Records	STATE-31.
Information Access Programs Records	STATE-35.
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	No.
Foreign 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	No.
Human 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.
Security Records	STATE-36.

22 C.F.R. §171.26

88 FR 71740, Oct. 18, 2023, as amended at 88 FR 78232, Nov. 15, 2023; 89 FR 79435, Sept. 30, 2024

81 FR 19865, 4/6/2016, as amended at 81 FR 33590, 5/27/2016; 85 FR 13483, 3/9/2020; 88 FR 58073, 8/25/2023; 88 FR 71740, 11/17/2023; 88 FR 78232, 12/15/2023; 89 FR 79435, 9/30/2024