[Federal Register Volume 60, Number 150 (Friday, August 4, 1995)]
[Proposed Rules]
[Pages 39905-39907]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-19173]
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ASSASSINATION RECORDS REVIEW BOARD
36 CFR Part 1415
Rules Implementing the Privacy Act
AGENCY: Assassination Records Review Board.
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: Each Federal agency is required by the Privacy Act of 1974 to
promulgate rules that set forth procedures by which individuals can
examine and request correction of agency records containing personal
information. In this notice the Review Board proposes a rule to satisfy
that requirement.
DATES: To be considered, comments must be mailed, delivered in person
or faxed to the address listed below by 5 p.m. on September 5, 1995.
ADDRESSES: Comments on these proposed regulations should be mailed,
faxed, or delivered to T. Jeremy Gunn, Acting General Counsel,
Assassination Records Review Board, 600 E Street NW., 2nd Floor,
Washington, DC 20530, FAX (202) 724-0457 (Attention: Privacy Act NPRM).
All comments will be placed in the Board's public files and will be
available for inspection between 10 a.m. and 4:30 p.m., Mondays through
Fridays (except legal holidays), in the Board's Public Reading Room at
the same address.
FOR FURTHER INFORMATION CONTACT:
T. Jeremy Gunn, Acting General Counsel, Assassination Records Review
Board, 600 E Street NW., 2nd Floor, Washington, DC 20530.
SUPPLEMENTARY INFORMATION: Section(f) of the Privacy Act of 1974,
U.S.C. 552a(f), requires each Federal agency to promulgate rules that
set forth procedures by which individuals can examine and request
correction of agency records containing personal information. The
Review Board, established by the President John F. Kennedy
Assassination Records Collection Act of 1992, is therefore obligated to
publish such regulations.
Because Privacy Act regulations are intended for use by the general
public, the Review Board has tried to keep its proposed rule simple and
straightforward. Some aspects of the Privacy Act dealing solely with
the Review Board's internal procedures and safeguards may be dealt with
by directive to the Review Board's staff rather than by rule.
Paperwork Reduction Act Statement
The proposed rule is not subject to the provisions of the Paperwork
Reduction Act of 1980 (44 U.S.C. 3501, et seq.) because it does not
contain any information collection requirements within the meaning of
44 U.S.C. 3502(4).
Regulatory Flexibility Act Certification
As required by the Regulatory Flexibility Act of 1980 (RFA), 5
U.S.C. 601-12, the Review Board certifies that this rule, if adopted,
will not have a significant economic impact on a substantial number of
small entities and that, therefore, a regulatory flexibility analysis
need not be prepared, 5 U.S.C. 605(b).
List of Subjects in 36 CFR Part 1415
Privacy Act.
The Proposed Regulations
Accordingly, the Review Board proposes to amend chapter XIV in
title 36 of the Code of Federal Regulations by
[[Page 39906]]
adding a new part 1415 to read as follows:
PART 1415--RULES IMPLEMENTING THE PRIVACY ACT
Sec.
1415.5 Scope.
1415.10 Definitions.
1415.15 Systems of records notification.
1415.20 Requests by persons for access to their own records.
1415.25 Processing of requests.
1415.30 Appeals from access denials.
1415.35 Requests for correction of records.
1415.40 Appeals from correction denials.
1415.45 Disclosure of records to third parties.
1415.50 Fees.
1415.55 Exemptions.
Authority: 5 U.S.C. 552a; 44 U.S.C. 2107.
Sec. 1415.5 Scope.
This part contains the Review Board's regulations implementing the
Privacy Act of 1974, 5 U.S.C. 552a.
Sec. 1415.10 Definitions.
In addition to the definitions provided in the Privacy Act, the
following terms are defined as follows:
Assassination records for the purpose of this regulation means
records created by Government offices, entities, and individuals that
relate to the assassination of President John F. Kennedy as defined in
36 CFR part 1400 that may, from time to time, come into the temporary
custody of the Review Board but that are not the legal property of the
Review Board.
Executive Director means the principal staff official appointed by
the Review Board pursuant to 44 U.S.C. 2107.8(a).
General Counsel means the Review Board's principal legal officer,
or an attorney serving as Acting General Counsel.
JFK Act means the President John F. Kennedy Records Collection Act
of 1992.
Review Board means the Assassination Records Review Board created
pursuant to 44 U.S.C. 2107.7.
System of records means a group of records that is within the
possession and control of the Review Board and from which information
is retrieved by the name of the individual or by some identifying
number, symbol, or other identifying particular assigned to the
individual. The system of records does not include assassination
records as defined above.
Sec. 1415.15 Systems of records notification.
(a) Public notice. The Review Board will publish in the Federal
Register its system of records. The Office of the Federal Register
biannually compiles and publishes all systems of records maintained by
Federal agencies, including the Review Board.
(b) Requests regarding record systems. Any person who wishes to
know whether a system of records contains a record pertaining to him or
her may file a request in person or in writing. Written requests should
be directed to the General Counsel, Assassination Records Review Board,
600 E Street, NW., Washington, DC 20530. Telephone requests should be
made by calling the Review Board at (202) 724-0088, and asking to speak
to the General Counsel.
Sec. 1415.20 Requests by person for access to their own records.
(a) Requests in writing. A person may request access to his or her
own records in writing by addressing a letter to the General Counsel,
Assassination Records Review Board, 600 E Street, NW., 2nd Floor,
Washington, DC 20530. The request should contain the following
information:
(1) Full name, address, and telephone number of requester;
(2) Proof of identification, which should be a copy of one of the
following: Valid driver's license, valid passport, or other current
identification which contains both an address and picture of the
requester;
(3) The system of records in which the desired information is
contained; and
(4) At the requester's option, authorization for expenses (see
Sec. 1415.50 below).
(b) Requests in person. Any person may examine his or her own
record on the Review Board's premises. To do so, the person should call
the Review Board's offices at (202) 724-0088 and ask to speak to the
General Counsel. This call should be made at least two weeks prior to
the time the requester would like to see the records. During this call,
the requester should be prepared to provide the same information as
that listed in paragraph (a) of this section except for proof of
identification.
Sec. 1415.25 Processing of requests.
(a) Requests in writing. The General Counsel will acknowledge
receipt of the request within five working days of its receipt in the
Review Board's offices. The acknowledgment will advise the requester if
any additional information is needed to process the request. Within
fifteen working days of receipt of the request, the General Counsel
will provide the requester an explanation as to why additional time, if
any, is needed for response.
(b) Requests in person. Following the initial call from the
requester, the General Counsel will determine: Whether the records
identified by the requester exist, and whether they are subject to any
exemption under Sec. 1415.55 below. If the records exist and are not
subject to exemption, the General Counsel will call the requester and
arrange an appointment at a mutually agreeable time when the records
can be examined. The requester may be accompanied by one person of his
or her own choosing, and should state during this call whether or not a
second individual will be present at the appointment. At the
appointment, the requester will be asked to present identification as
stated in Sec. 1415.20(a)(2).
(c) Excluded information. If a request is received for information
compiled in reasonable anticipation of litigation, the General Counsel
will inform the requester that this information is not subject to
release under the Privacy Act (see 5 U.S.C. 552a(d)(5)).
Sec. 1415.30 Appeals from access denials.
When access to records has been denied by the General Counsel, the
requester may file an appeal in writing. This appeal should be directed
to the Executive Director, Assassination Records Review Board, 600 E
Street, NW., 2nd Floor, Washington, DC 20530. The appeal letter must:
Specify those denied records which are still sought, and state why the
denial by the General Counsel is erroneous. The Executive Director or
his representative will respond to such appeals within twenty business
days after the appeal letter is received in the Review Board's offices.
The appeal determination will explain the basis for continuing to deny
access to any requested records.
Sec. 1415.35 Requests for correction of records.
(a) Correction requests. Any person is entitled to request
correction of a record pertaining to him or her. This request must be
made in writing and should be addressed to the General Counsel,
Assassination Records Review Board, 600 E Street, NW., 2nd Floor,
Washington, DC 20530. The letter should clearly identify the
corrections desired. An edited copy will usually be acceptable for this
purpose.
(b) Initial response. Receipt of a correction request will be
acknowledged by the General Counsel in writing five working days of
receipt of the request. The General Counsel will endeavor to provide a
letter to the requester within thirty working days stating whether or
not the request for correction has been granted or denied. If the
General Counsel decides to deny any portion of
[[Page 39907]]
the correction request, the reasons for the denial will be provided to
the requester.
Sec. 1415.40 Appeals from correction denials.
(a) When amendment of records has been denied by the General
Counsel, the requester may file an appeal in writing. This appeal
should be directed to the Executive Director, Assassination Records
Review Board, 600 E Street, NW., 2nd Floor, Washington, DC 20530. The
appeal letter must specify the record subject to the appeal, and state
why the denial of amendment by the General Counsel is erroneous. The
Executive Director or his representative will respond to such appeals
within thirty working days (subject to extension by the Executive
Director for good cause) after the appeal letter has been received in
the Review Board's offices.
(b) The appeal determination, if adverse to the requester in any
respect, will:
(1) Explain the basis for denying amendment of the specified
records;
(2) Inform the requester that he or she may file a concise
statement setting forth reasons for disagreeing with the Executive
Director's determination; and
(3) Inform the requester of his or her right to pursue a judicial
remedy under 5 U.S.C. 552a(g)(1)(A).
Sec. 1415.45 Disclosure of records to third parties.
Records subject to the Privacy Act that are requested by a person
other than the individual to whom they pertain will not be made
available except in the following circumstances:
(a) Release is required under the Freedom of Information Act in
accordance with the Review Board's FOLA regulations, 36 CFR part 1410;
(b) Prior consent for disclosure is obtained in writing from the
individual to whom the records pertain; or
(c) Release is authorized by 5 U.S.C. 552a(b) (1) or (3) through
(11).
Sec. 1415.50 Fees.
A fee will not be charged for search or review of requested
records, or for correction of records. When a request is made for
copies of records, a copying fee will be charged at the same rate
established for FOLA requests. See 36 CFR 1410.35 However, the first
100 pages will be free of charge.
Sec. 1415.55 Exemptions.
The following records are exempt from disclosure under this
regulation:
(a) Review Board records specifically authorized under criteria
established by an Executive Order to be kept secret in the interest of
national defense or foreign policy, and that are in fact properly
classified pursuant to such Executive Order;
(b) Review Board records related solely to the internal personnel
rules and practices of the Review Board;
(c) Review Board records specifically exempted from disclosure by
statute (other than 5 U.S.C. 552), provided that such statute:
(1) Requires that the matters be withheld from the public in such a
manner as to leave no discretion on the issue, or
(2) Establishes particular criteria for withholding or refers to
particular types of matters to be withheld;
(d) Inter-agency or intra-agency memoranda or letters which would
not be available by law to a party other than an agency in litigation
with the Review Board
Dated: July 31, 1995.
David G. Marwell,
Executive Director, Assassination Records Review Board.
[FR Doc. 95-19173 Filed 8-3-95; 8:45 am]
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