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Privacy Act: [ACDA--3] Security Records--ACDA....


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the denial.
  (b) Review shall be made on the submitted record. No personal 
appearance, oral argument, or hearing shall be permitted.
  (c) Review shall be completed and a final determination made not later 
than 30 days (excluding Saturdays, Sundays and legal holidays) from the 
date on which the request for such review is received. This 30-day 
limitation may be extended, at the discretion of the Director, for good 
cause shown. The requester shall be notified in writing of the 
Director's final determination.
  (d) If, after completion of his review, the Director also refuses to 
amend the record as requested, the notice to the individual shall advise 
him of his right to file with the Agency a concise statement setting 
forth the reasons for his disagreement with this refusal and of his 
right to judicial review pursuant to the Act.
  (e) When an individual has filed with the Agency a statement of 
disagreement following a refusal of the Director to amend the record as 
requested, the Agency will clearly note that portion of the record which 
is disputed and will send copies of the statement of disagreement to the 
last known address of all previous recipients of the disputed record 
shown in the Agency's Privacy Act Requests File.

   Sec. 603.8   Exemptions.

  (a) As authorized by the Act, the following categories of records are 
hereby exempted from the requirements of sections (c)(3), (d), 
(e)(4)(G), (H) and (I), and (f) of 5 U.S.C. 552a, and will not be 
disclosed to the individuals to which they pertain:
  (1) System of Records of ACDA-4--Statements by Principals during the 
Strategic Arms Limitation Talks, Mutual Balanced Force Reduction 
negotiations, and the Standing Consultative Committee. This system 
contains information classified pursuant to Executive Order 11652 which 
is exempt from disclosure by the Act (5 U.S.C. 552a(k)(1)) in that 
disclosure could disrupt foreign relations affecting national security.
  (2) System of Records ACDA-3--Security Records. This system contains 
investigatory material complied for law enforcement purposes which is 
exempted from disclosures by the Act (5 U.S.C. 552a(k)(2)); Provided, 
however, That if any individual is denied any right, privilege, or 
benefit that he would otherwise be entitled by Federal law, or for which 
he would otherwise be eligible, as a result of the maintenance of such 
material, such material shall be provided to such individual, except to 
the extent that the 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.
  (3) Systems of Records ACDA-3--Security Records. This system contains 
investigatory materials compiled solely for the purpose of determining 
suitability, eligibility, or 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 this 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.
  (b) Nothing in these regulations shall be construed to allow an 
individual access to:
  (1) Any information compiled in reasonable anticipation of a civil 
action or proceeding; or
  (2) Testing or examination material used solely to determine 
individual qualification for appointment or promotion in the Federal 
Service, the disclosure of which would compromise the objectivity or 
fairness of the testing or examination process.

   Sec. 603.9   New and amended systems of records.

  (a) The Agency shall provide adequate advance notice to Congress and 
to the Office of Management and Budget of any proposal to establish or 
alter any system of records. Such notice shall be in a form consistent 
with guidance on content, format and timing issued by the Office of 
Management and Budget.
  (b) The Agency shall publish by August 31 of each year in the Federal 
Register a notice of the existence and character of each system of 
records maintained by the Agency. Such notice shall be consistent with 
guidance on format contained in the Act and issued by the General 
Services Administration. At least 30 days before any new or changed 
routine use of records contained within a system of records can be made, 
the Agency shall publish notice of such new or changed use in the 
Federal Register.

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