81_FR_61801 81 FR 61628 - Privacy Act Regulations

81 FR 61628 - Privacy Act Regulations

COUNCIL OF THE INSPECTORS GENERAL ON INTEGRITY AND EFFICIENCY

Federal Register Volume 81, Issue 173 (September 7, 2016)

Page Range61628-61632
FR Document2016-21473

The Council of the Inspectors General on Integrity and Efficiency (CIGIE) is issuing this proposed rule to establish its procedures relating to access, maintenance, disclosure, and amendment of records that are in a CIGIE system of records under the Privacy Act of 1974 (Privacy Act). The proposed rule also establishes rules of conduct for CIGIE personnel who have responsibilities under the Privacy Act.

Federal Register, Volume 81 Issue 173 (Wednesday, September 7, 2016) 
[Federal Register Volume 81, Number 173 (Wednesday, September 7, 2016)]
[Proposed Rules]
[Pages 61628-61632]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-21473]


========================================================================
Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of 
the proposed issuance of rules and regulations. The purpose of these 
notices is to give interested persons an opportunity to participate in 
the rule making prior to the adoption of the final rules.

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Federal Register / Vol. 81, No. 173 / Wednesday, September 7, 2016 / 
Proposed Rules

[[Page 61628]]



COUNCIL OF THE INSPECTORS GENERAL ON INTEGRITY AND EFFICIENCY

5 CFR Part 9801

RIN 3219-AA00


Privacy Act Regulations

AGENCY: Council of the Inspectors General on Integrity and Efficiency.

ACTION: Proposed rule.

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SUMMARY: The Council of the Inspectors General on Integrity and 
Efficiency (CIGIE) is issuing this proposed rule to establish its 
procedures relating to access, maintenance, disclosure, and amendment 
of records that are in a CIGIE system of records under the Privacy Act 
of 1974 (Privacy Act). The proposed rule also establishes rules of 
conduct for CIGIE personnel who have responsibilities under the Privacy 
Act.

DATES: Submit comments on or before November 7, 2016.

ADDRESSES: You may submit comments by any of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     Email: [email protected].
     Fax: (202) 254-0162.
     Mail: Atticus J. Reaser, General Counsel, Council of the 
Inspectors General on Integrity and Efficiency, 1717 H Street NW., 
Suite 825, Washington, DC 20006.
     Hand Delivery/Courier: Council of the Inspectors General 
on Integrity and Efficiency, 1717 H Street NW., Suite 825, Washington, 
DC 20006.

FOR FURTHER INFORMATION CONTACT: Atticus J. Reaser, General Counsel, 
CIGIE, (202) 292-2600.

SUPPLEMENTARY INFORMATION:

Background Information

    CIGIE is issuing this proposed rule to provide the procedures and 
guidelines under which CIGIE will implement the Privacy Act.
    In 2008, Congress established CIGIE as an independent entity within 
the executive branch in order to address integrity, economy, and 
effectiveness issues that transcend individual Government agencies; and 
increase the professionalism and effectiveness of personnel by 
developing policies, standards, and approaches to aid in the 
establishment of a well-trained and highly skilled workforce in the 
offices of the Inspectors General (OIG). CIGIE's membership is 
comprised of all Inspectors General whose offices are established under 
section 2 or section 8G of the Inspector General Act of 1978, Public 
Law 95-452, 92 Stat. 1101 (codified as amended at 5 U.S.C. app) 
(Inspector General Act) (i.e., those Inspectors General that are 
Presidentially-appointed/Senate-confirmed and those that are appointed 
by agency heads) as well as the Controller of the Office of Federal 
Financial Management, a designated official of the Federal Bureau of 
Investigation (FBI), the Director of the Office of Government Ethics, 
the Special Counsel of the Office of Special Counsel, the Deputy 
Director of the Office of Personnel Management, the Deputy Director for 
Management of the Office of Management and Budget (OMB), and the 
Inspectors General for the Intelligence Community, Central Intelligence 
Agency, Library of Congress, Capitol Police, Government Publishing 
Office, Government Accountability Office, and Architect of the Capitol. 
The Deputy Director for Management of OMB serves as the Executive 
Chairperson of CIGIE.
    Section 11(d) of the Inspector General Act mandates that CIGIE have 
an Integrity Committee (IC), which shall receive, review, and refer for 
investigation allegations of wrongdoing that are made against 
Inspectors General and designated staff members of the various OIGs. 
Pursuant to section 11(d)(2)(A) of the Inspector General Act, all 
records received or created by the IC in fulfilling its 
responsibilities are collected and maintained separately as IC records 
by the official of the FBI serving on the IC. As of the issuance of 
this proposed rule, all such records are maintained in FBI's Central 
Records System and are subject to the system of records notices and the 
Privacy Act policies and regulations applicable to that system. See 28 
CFR part 16, subpart D. Accordingly, unless otherwise specifically 
stated, the regulations published below do not apply to records 
maintained by the IC.

Executive Orders 12866 and 13563

    In promulgating this rule, CIGIE has adhered to the regulatory 
philosophy and the applicable principles of regulation set forth in 
section 1 of Executive Order 12866, Regulatory Planning and Review. The 
Office of Management and Budget has determined that this rule is not 
``significant'' under Executive Order 12866.

Regulatory Flexibility Act

    These proposed regulations will not have a significant economic 
impact on a substantial number of small entities. Therefore, a 
regulatory flexibility analysis as provided by the Regulatory 
Flexibility Act, as amended, is not required.

Paperwork Reduction Act

    These proposed regulations impose no additional reporting and 
recordkeeping requirements. Therefore, clearance by OMB is not 
required.

Federalism (Executive Order 13132)

    This rule does not have Federalism implications, as set forth in 
Executive Order 13132. It will not have substantial direct effects on 
the States, on the relationship between the national government and the 
States, or on the distribution of power and responsibilities among the 
various levels of government.

List of Subjects in 5 CFR Part 9801

    Information, Privacy, Privacy Act, Records.

0
For the reasons set forth in the preamble, CIGIE proposes to add part 
9801 to title 5 of the Code of Federal Regulations as follows:

PART 9801--PRIVACY ACT REGULATIONS

Subpart A--General Provisions
Sec.
9801.101 Purpose and scope.
9801.102 CIGIE organization.
9801.103 Definitions.
9801.104 Rules for determining if an individual is the subject of a 
record.
9801.105 Employee standards of conduct.
9801.106 Use and collection of social security numbers.
9801.107 Other rights and services.

[[Page 61629]]

Subpart B--Access to Records and Accounting of Disclosures
Sec.
9801.201 Requests for access.
9801.202 Response to requests.
9801.203 Granting access.
9801.204 Special procedures: Medical records.
9801.205 Appeals from denials of requests for access to records.
9801.206 Response to appeal of a denial of access.
9801.207 Fees.
9801.208 Requests for accounting of record disclosures.
Subpart C--Amendment of Records
Sec.
9801.301 Requests for amendment of record.
9801.302 Response to requests.
9801.303 Appeal from adverse determination on amendment.
9801.304 Response to appeal of adverse determination on amendment; 
disagreement statements.
9801.305 Assistance in preparing request to amend a record or to 
appeal an initial adverse determination.

    Authority: Section 11 of the Inspector General Act of 1978, Pub. 
L. 95-452, 92 Stat. 1101 (codified as amended at 5 U.S.C. app); 5 
U.S.C. 301, 552a; 31 U.S.C. 9701.

Subpart A--General Provisions


Sec.  9801.101  Purpose and scope.

    This part contains the regulations of the Council of the Inspectors 
General on Integrity and Efficiency (CIGIE) implementing the Privacy 
Act of 1974, 5 U.S.C. 552a. This part sets forth the basic 
responsibilities of CIGIE with regard to CIGIE's compliance with the 
requirements of the Privacy Act and offers guidance to members of the 
public who wish to exercise any of the rights established by the 
Privacy Act with regard to records maintained by CIGIE. These 
regulations should be read in conjunction with the Privacy Act, which 
explains in more detail individuals' rights.


Sec.  9801.102  CIGIE organization.

    (a) Centralized program. Except as stated in paragraph (b) of this 
section, CIGIE has a centralized Privacy Act program, with one office 
receiving and coordinating the processing of all Privacy Act requests 
to CIGIE.
    (b) Integrity Committee records. The Integrity Committee of CIGIE 
(IC) is the single exception to CIGIE's centralized Privacy Act 
program. By statute, all records received or created by the IC in 
fulfilling its responsibilities are collected and maintained separately 
as IC records by the official of the Federal Bureau of Investigation 
(FBI) serving on the IC. Currently, all such records are maintained by 
the FBI in the FBI's Central Records System and are subject to the 
system of records notices and the Privacy Act policies and regulations 
applicable to that system. See 28 CFR part 16, subpart D. Accordingly, 
except as stated in paragraph (c) of this section, because IC records 
are not maintained by CIGIE, this part does not apply to requests or 
appeals regarding IC records.
    (c) Acceptance of requests and appeals. CIGIE will accept initial 
requests or appeals regarding CIGIE records and regarding IC records 
maintained by the FBI on behalf of the FBI. Requests and appeals 
regarding IC records will be referred to the FBI for processing and 
direct response to the requester by the FBI.


Sec.  9801.103  Definitions.

    (a) For purposes of this part the terms individual, maintain, 
record, routine use, and system of records, shall have the meanings set 
forth in 5 U.S.C. 552a(a).
    (b) CIGIE means the Council of the Inspectors General on Integrity 
and Efficiency and includes its predecessor entities, the Executive 
Council on Integrity and Efficiency and the President's Council on 
Integrity and Efficiency.
    (c) Days, unless stated as ``calendar days,'' are working days and 
do not include Saturdays, Sundays, or Federal holidays.
    (d) IC means the CIGIE Integrity Committee established under 
section 11(d) of the Inspector General Act of 1978, Public Law 95-452, 
92 Stat. 1101 (codified as amended at 5 U.S.C. app) (Inspector General 
Act).
    (e) Request for access to a record means a request made under 
Privacy Act subsection (d)(1).
    (f) Request for amendment of a record means a request made under 
Privacy Act subsection (d)(2).
    (g) Request for an accounting means a request made under Privacy 
Act subsection (c)(3).
    (h) Requester means an individual who makes a request for access, a 
request for amendment, or a request for an accounting under the Privacy 
Act.


Sec.  9801.104  Rules for determining if an individual is the subject 
of a record.

    An individual seeking to determine if a specific CIGIE system of 
records contains a record pertaining to the individual must follow the 
procedures set forth for access to records in Sec.  9801.201(a), (b)(1) 
and (2), (c), and (d). A request to determine if an individual is the 
subject of a record will ordinarily be responded to within 10 days, 
except when CIGIE determines otherwise, in which case the request will 
be acknowledged within 10 days and the individual will be informed of 
the reasons for the delay and an estimated date by which a response 
will be issued.


Sec.  9801.105  Employee standards of conduct.

    CIGIE will inform its employees involved in the design, 
development, operation, or maintenance of any system of records, or in 
maintaining any record, of the provisions of the Privacy Act, including 
the Act's civil liability and criminal penalty provisions. Unless 
otherwise permitted by law, an employee of CIGIE shall:
    (a) Collect from individuals only the information that is relevant 
and necessary to discharge the responsibilities of CIGIE;
    (b) Collect information about an individual directly from that 
individual whenever practicable when the information may result in 
adverse determinations about an individual's rights, benefits, and 
privileges under Federal programs;
    (c) Inform each individual from whom information is collected of:
    (1) The legal authority to collect the information and whether 
providing it is mandatory or voluntary;
    (2) The principal purpose for which CIGIE intends to use the 
information;
    (3) The routine uses CIGIE may make of the information; and
    (4) The effects on the individual, if any, of not providing the 
information;
    (d) Maintain no system of record without public notice and notify 
appropriate CIGIE officials of the existence or development of any 
system of records that is not the subject of a current or planned 
public notice;
    (e) Maintain all records that are used by CIGIE in making any 
determination about an individual with such accuracy, relevance, 
timeliness, and completeness as is reasonably necessary to ensure 
fairness to the individual in the determination;
    (f) Except as to disclosures made to an agency or made under the 
Freedom of Information Act, 5 U.S.C. 552 (FOIA), make reasonable 
efforts, prior to disseminating any record about an individual, to 
ensure that the record is accurate, relevant, timely, and complete;
    (g) Maintain no record describing how an individual exercises his 
or her First Amendment rights, unless it is expressly authorized by 
statute or by the individual about whom the record is maintained, or is 
pertinent to and within the scope of an authorized law enforcement 
activity;
    (h) When required by the Privacy Act, maintain an accounting in the 
specified form of all disclosures of records by

[[Page 61630]]

CIGIE to persons, organizations, or agencies;
    (i) Maintain and use records with care to prevent the unauthorized 
or inadvertent disclosure of a record to anyone. No record contained in 
a CIGIE system of record shall be disclosed to another person, or to 
another agency outside CIGIE, except pursuant to a written request by, 
or with the prior written consent of, the individual to whom the record 
pertains, unless the disclosure is otherwise authorized by the Privacy 
Act; and
    (j) Notify the appropriate CIGIE official of any record that 
contains information that the Privacy Act does not permit CIGIE to 
maintain.


Sec.  9801.106  Use and collection of social security numbers.

    (a) No denial of right, benefit, or privilege. Individuals may not 
be denied any right, benefit, or privilege as a result of refusing to 
provide their social security numbers, unless the collection is 
required by Federal statute; and
    (b) Notification to individual. Individuals requested to provide 
their social security numbers must be informed of:
    (1) Whether providing social security numbers is mandatory or 
voluntary;
    (2) The statutory or regulatory authority that authorizes the 
collection of social security numbers; and
    (3) The uses that will be made of the numbers.


Sec.  9801.107  Other rights and services.

    Nothing in this part shall be construed to entitle any person, as 
of right, to any service or to the disclosure of any record to which 
such person is not entitled under the Privacy Act.

Subpart B--Access to Records and Accounting of Disclosures


Sec.  9801.201  Requests for access.

    (a) How addressed. A requester seeking access to records pertaining 
to the requester in a CIGIE system of records should submit a written 
request that includes the words ``Privacy Act Request'' on both the 
envelope and at the top of the request letter to the Executive 
Director, Council of the Inspectors General on Integrity and 
Efficiency, 1717 H Street NW., Suite 825, Washington, DC 20006.
    (b) Description of records sought. (1) A request should contain a 
specific reference to the CIGIE system of records from which access to 
the records is sought. Notices of CIGIE systems of records subject to 
the Privacy Act are published in the Federal Register, and copies of 
the notices are available on CIGIE's Web site at www.ignet.gov, or upon 
request from CIGIE's Office of General Counsel.
    (2) If the written inquiry does not refer to a specific system of 
records, it must describe the records that are sought in enough detail 
to enable CIGIE personnel to locate the system of records containing 
them with a reasonable amount of effort.
    (3) The request should state whether the requester wants a copy of 
the record or wants to examine the record in person.
    (c) Verification of identity. A requester seeking access to records 
pertaining to the requester must verify their identity in their 
request. The request must state the requester's full name, current 
address, and date and place of birth. The requester must sign the 
request and the signature must either be notarized or state, ``Under 
penalty of perjury, I hereby declare that I am the person named above 
and I understand that any falsification of this statement is punishable 
under the provisions of Title 18, United States Code (U.S.C.), Section 
1001 by a fine of not more than $10,000 or by imprisonment of not more 
than five years, or both; and that requesting or obtaining any 
record(s) under false pretenses is punishable under the provisions of 
Title 5, U.S.C., Section 552a(i)(3) as a misdemeanor and by a fine of 
not more than $5,000.'' In order to help the identification and 
location of requested records, the requester may optionally include 
their social security number. No identification shall be required if 
the records are required by 5 U.S.C. 552 to be released.
    (d) Verification of guardianship. When making a request as the 
parent or guardian of a minor or as the guardian of someone determined 
by a court to be incompetent for access to records about that 
individual, the requester must establish:
    (1) The identity of the individual who is the subject of the 
record, by stating the name, current address, date and place of birth, 
and, at the requester's option, the social security number of the 
individual;
    (2) The requester's identity, as required in paragraph (c) of this 
section;
    (3) That the requester is the parent or guardian of that 
individual, which may be established by providing a copy of the 
individual's birth certificate showing the requester's parentage or by 
providing a court order establishing the requester's guardianship; and
    (4) That the requester is acting on behalf of that individual in 
making the request.


Sec.  9801.202  Response to requests.

    A request for access will ordinarily be responded to within 10 
days, except when CIGIE determines otherwise, in which case the request 
will be acknowledged within 10 days and the requester will be informed 
of the reasons for the delay and an estimated date by which a response 
will be issued. A response to a request for access should include the 
following:
    (a) A statement that there is a record or records as requested or a 
statement that there is not a record in the system of records;
    (b) The method of access (if a copy of all the records requested is 
not provided with the response);
    (c) The amount of any fees to be charged for copies of records 
under Sec.  9801.207, if applicable;
    (d) The name and title of the official responsible for the 
response; and
    (e) If the request is denied in whole or in part, or no record is 
found in the system, a statement of the reasons for the denial, or a 
statement that no record has been found, and notice of the procedures 
for appealing the denial or no record finding.


Sec.  9801.203  Granting access.

    (a) Means of access. (1) The methods for allowing access to 
records, when such access has been granted by CIGIE, are:
    (i) Examination in person in a designated office during the hours 
specified by CIGIE; or
    (ii) Providing copies of the records.
    (2) When a requester has not indicated whether he wants a copy of 
the record or wants to examine the record in person, CIGIE may choose 
the means of granting access. However, the means chosen should not 
unduly impede the requester's right of access. A requester may elect to 
receive a copy of the records after having examined them.
    (b) Accompanying individual. If the requester is granted in person 
access to examine the records, the requester may be accompanied by 
another individual of the requester's choice during the course of the 
examination of the records. CIGIE may require the requester to submit a 
signed statement authorizing the accompanying individual's access to 
the records.
    (c) Certified copies. CIGIE will not furnish certified copies of 
records. When copies are to be furnished, they may be provided as 
determined by CIGIE.
    (d) Original records. When the requester seeks to obtain original 
documentation, CIGIE reserves the right to limit the request to copies 
of the original records.

[[Page 61631]]

Sec.  9801.204   Special procedures: Medical records.

    In the event CIGIE receives a request pursuant to Sec.  9801.201 
for access to medical records (including psychological records) whose 
disclosure CIGIE determines would be harmful to the individual to whom 
they relate, it may refuse to disclose the records directly to the 
requester but shall transmit them to a physician designated by the 
requester.


Sec.  9801.205  Appeals from denials of requests for access to records.

    (a) How addressed. A requester may submit a written appeal of the 
decision by CIGIE to deny an initial request for access to records or a 
no record response to the Chairperson, Council of the Inspectors 
General on Integrity and Efficiency, 1717 H Street NW., Suite 825, 
Washington, DC 20006. The words ``Privacy Act Appeal'' should be 
included on the envelope and at the top of the letter of appeal.
    (b) Deadline and content. The appeal must be received by CIGIE 
within 60 days of the date of the letter denying the access request or 
reflecting the no record finding and should contain a brief description 
of the records involved or copies of the relevant correspondence from 
CIGIE. The appeal should attempt to refute the reasons given by CIGIE 
in support of its decision to deny the initial request for access or no 
record finding.


Sec.  9801.206   Response to appeal of a denial of access.

    (a) Access granted. If the Chairperson or the Chairperson's 
designee determines that access to the records should be granted, the 
response will state how access will be provided if the records are not 
included with the response.
    (b) Denial affirmed. Any decision that either partially or fully 
affirms the initial decision to deny access or no record finding shall 
inform the requester of the right to seek judicial review of the 
decision in accordance with the Privacy Act (5 U.S.C. 552a(g)).
    (c) When appeal is required. If a requester wishes to seek review 
by a court of any adverse determination or denial of a request, the 
requester must first appeal it under Sec.  9801.205.


Sec.  9801.207  Fees.

    (a) No fees for most services. Services for which fees will not be 
charged:
    (1) The search and review time expended by CIGIE to produce a 
record;
    (2) The first copy of the records provided; and
    (3) CIGIE making the records available to be personally reviewed by 
the requester.
    (b) Fees for additional copies. When a requester requests 
additional copies of records, CIGIE will assess the requester a fee of 
$.20 per page. CIGIE will bill requester in arrears for such fees, 
except as follows:
    (1) If the total fee for additional copies amounts to more than 
$25.00, the requester will be notified of the fee amount. Except as 
specified in paragraph (b)(2) of this section, upon requester's written 
agreement to pay the assessed fees, CIGIE will provide the additional 
copies without prepayment of such fees (i.e., payment will be accepted 
in arrears).
    (2) An advance payment before additional copies of the records are 
made will be required if:
    (i) CIGIE determines that the total fee to be assessed under this 
section exceeds $250.00. When such a determination is made, the 
requester will be notified of the determination and will be required to 
submit an advance payment of an amount up to the total fee. The amount 
of the advanced payment will be at the sole discretion of CIGIE and 
will be based, in part, on whether requester has a history of prompt 
payment of Privacy Act fees. If the required advanced payment is an 
amount less than the total fee, requester will be required to submit a 
written agreement to pay any fees not paid in advance; or
    (ii) The requester has previously failed to pay a previously 
assessed Privacy Act fee in a timely fashion (i.e., within 30 days of 
the date of the billing). In such cases, the requester will be required 
to pay the full amount outstanding plus any applicable interest as 
provided by paragraph (c) of this section and to make an advance 
payment of the full amount of the determined fee before CIGIE begins to 
process a new request for additional copies.
    (c) Interest charges. For additional copies provided to requester 
that result in fees assessed, CIGIE will begin levying interest charges 
on an unpaid balance starting on the 31st day following the day on 
which the billing was sent. Interest will be assessed at the rate 
prescribed under 31 U.S.C. 3717 and will accrue from the date of the 
billing.
    (d) Payment address. Payment of fees should be made by either a 
personal check, bank draft or a money order that is payable to the 
Department of the Treasury of the United States and mailed or delivered 
to: Privacy Officer, Council of the Inspectors General on Integrity and 
Efficiency, 1717 H Street NW., Suite 825, Washington, DC 20006.


Sec.  9801.208  Requests for accounting of record disclosures.

    (a) How made and addressed. Except where accountings of disclosures 
are not required to be kept (as stated in paragraph (b) of this 
section), a requester may request an accounting of any disclosure that 
has been made by CIGIE to another person, organization, or agency of 
any record about the requester. This accounting contains the date, 
nature, and purpose of each disclosure, as well as the name and address 
of the person, organization, or agency to which the disclosure was 
made. A requester seeking an accounting of record disclosures must 
follow the procedures set forth for access to records in Sec.  
9801.201(a), (b)(1) and (2), (c), and (d).
    (b) Where accountings are not required. CIGIE is not required to 
provide accountings to requesters where they relate to:
    (1) Disclosures for which accountings are not required to be kept, 
including disclosures that are made to officers and employees of CIGIE 
and disclosures that are made under the FOIA. For purposes of this 
part, officers and employees of CIGIE includes, in part, CIGIE's 
membership, as addressed in section 11 of the Inspector General Act, 
when such members are acting in their capacity as CIGIE members;
    (2) Disclosures made to law enforcement agencies for authorized law 
enforcement activities in response to written requests from those law 
enforcement agencies specifying the law enforcement activities for 
which the disclosures are sought; or
    (3) Disclosures made from law enforcement systems of records that 
have been exempted from accounting requirements.

Subpart C--Amendment of Records


Sec.  9801.301  Requests for amendment of record.

    (a) How addressed. A requester seeking to amend a record or records 
pertaining to requester in a CIGIE system of records should submit a 
written request that includes the words ``Privacy Act Amendment 
Request'' on both the envelope and at the top of the request letter to 
the Executive Director, Council of the Inspectors General on Integrity 
and Efficiency, 1717 H Street NW., Suite 825, Washington, DC 20006. 
Records not subject to the Privacy Act will not be amended in 
accordance with these provisions.

[[Page 61632]]

    (b) Contents of request. A request to amend a record in a CIGIE 
system of records must include:
    (1) The name of the system of records and a brief description of 
the record proposed for amendment. In the event the request to amend 
the record is the result of the requester having gained access to the 
record in accordance with the provisions concerning access to records 
as set forth in subpart B of this part, copies of previous 
correspondence between the requester and CIGIE will serve in lieu of a 
separate description of the record.
    (2) The exact portion of the record the requester seeks to have 
amended should be indicated clearly. If possible, proposed alternative 
language should be set forth, or, at a minimum, the reasons why the 
requester believes the record is not accurate, relevant, timely, or 
complete should be set forth with enough particularity to permit CIGIE 
to not only to understand the requester's basis for the request, but 
also to make an appropriate amendment to the record.
    (c) Burden of proof. The requester has the burden of proof when 
seeking the amendment of a record. The requester must furnish 
sufficient facts to persuade the appropriate system manager of the 
inaccuracy, irrelevance, untimeliness, or incompleteness of the record.
    (d) Identification requirement. When the requester's identity has 
been previously verified pursuant to Sec.  9801.201, further 
verification of identity is not required as long as the communication 
does not suggest a need for verification. If the requester's identity 
has not been previously verified, the appropriate system manager may 
require identification validation as described in Sec.  9801.201.


Sec.  9801.302  Response to requests.

    (a) Time limit for acknowledging a request for amendment. To the 
extent possible, CIGIE will acknowledge receipt of a request to amend a 
record or records within 10 working days.
    (b) Determination on an amendment request. The decision of CIGIE in 
response to a request for amendment of a record in a system of records 
may grant in whole or deny any part of the request to amend the record.
    (1) If CIGIE grants the request, the appropriate system manager 
will amend the record(s) and provide a copy of the amended record(s) to 
the requester. To the extent an accounting of disclosure has been 
maintained, the system manager shall advise all previous recipients of 
the record that an amendment has been made and give the substance of 
the amendment. Where practicable, the system manager shall send a copy 
of the amended record to previous recipients.
    (2) If CIGIE denies the request in whole or in part, the reasons 
for the denial will be stated in the response letter. In addition, the 
response letter will state:
    (i) The name and address of the official with whom an appeal of the 
denial may be lodged; and
    (ii) A description of any other procedures which may be required of 
the requester in order to process the appeal.


Sec.  9801.303  Appeal from adverse determination on amendment.

    (a) How addressed. A requester may submit a written appeal of the 
decision by CIGIE to deny an initial request to amend a record in a 
CIGIE system of records to the Chairperson, Council of the Inspectors 
General on Integrity and Efficiency, 1717 H Street NW., Suite 825, 
Washington, DC 20006. The words ``Privacy Act Appeal'' should be 
included on the envelope and at the top of the letter of appeal.
    (b) Deadline and content. The appeal must be received by CIGIE 
within 60 days of the date of the letter denying the request and should 
contain a brief description of the record(s) involved or copies of the 
correspondence from CIGIE and the reasons why the requester believes 
that the disputed information should be amended.


Sec.  9801.304  Response to appeal of adverse determination on 
amendment; disagreement statements.

    (a) Response timing. The Chairperson should make a final 
determination in writing not later than 30 days from the date the 
appeal was received. The 30-day period may be extended for good cause. 
Notice of the extension and the reasons therefor will be sent to the 
requester within the 30-day period.
    (b) Amendment granted. If the Chairperson determines that the 
record(s) should be amended in accordance with the requester's request, 
the Chairperson will take the necessary steps to advise the requester 
and to direct the appropriate system manager:
    (1) To amend the record(s); and
    (2) To notify previous recipients of the record(s) for which there 
is an accounting of disclosure that the record(s) have been amended.
    (c) Denial affirmed. If the appeal decision does not grant in full 
the request for amendment, the decision letter will notify the 
requester that the requester may:
    (1) Obtain judicial review of the decision in accordance with the 
terms of the Privacy Act at 5 U.S.C. 552a(g); and
    (2) File a statement setting forth their reasons for disagreeing 
with the decision.
    (d) Requester's disagreement statement. A requester's disagreement 
statement must be concise. CIGIE has the authority to determine the 
``conciseness'' of the statement, taking into account the scope of the 
disagreement and the complexity of the issues.
    (e) Provision of requester's disagreement statement. In any 
disclosure of information about which an individual has filed a proper 
statement of disagreement, CIGIE will clearly note any disputed 
portion(s) of the record(s) and will provide a copy of the statement to 
persons or other agencies to whom the disputed record or records has 
been disclosed and for whom an accounting of disclosure has been 
maintained. A concise statement of the reasons for not making the 
amendments requested may also be provided.


Sec.  9801.305  Assistance in preparing request to amend a record or to 
appeal an initial adverse determination.

    Requesters may seek assistance in preparing a request to amend a 
record or an appeal of an initial adverse determination, or to learn 
further of the provisions for judicial review, by contacting CIGIE's 
Privacy Officer by email at [email protected] or by mail at Privacy 
Officer, Council of the Inspectors General on Integrity and Efficiency, 
1717 H Street NW., Suite 825, Washington, DC 20006.

    Dated: August 31, 2016.
Michael E. Horowitz,
Chairperson of the Council of the Inspectors General on Integrity and 
Efficiency.
[FR Doc. 2016-21473 Filed 9-6-16; 8:45 am]
 BILLING CODE 6820-C9-P

61628 Proposed Rules Federal Register Vol. 81, No. 173 Wednesday, September 7, 2016 This section of the FEDERAL REGISTER executive branch in order to address published below do not apply to records contains notices to the public of the proposed integrity, economy, and effectiveness maintained by the IC. issuance of rules and regulations. The issues that transcend individual purpose of these notices is to give interested Executive Orders 12866 and 13563 Government agencies; and increase the persons an opportunity to participate in the professionalism and effectiveness of In promulgating this rule, CIGIE has rule making prior to the adoption of the final rules. personnel by developing policies, adhered to the regulatory philosophy standards, and approaches to aid in the and the applicable principles of establishment of a well-trained and regulation set forth in section 1 of COUNCIL OF THE INSPECTORS highly skilled workforce in the offices of Executive Order 12866, Regulatory GENERAL ON INTEGRITY AND the Inspectors General (OIG). CIGIE’s Planning and Review. The Office of EFFICIENCY membership is comprised of all Management and Budget has Inspectors General whose offices are determined that this rule is not 5 CFR Part 9801 established under section 2 or section ‘‘significant’’ under Executive Order RIN 3219–AA00 8G of the Inspector General Act of 1978, 12866. Public Law 95–452, 92 Stat. 1101 Regulatory Flexibility Act Privacy Act Regulations (codified as amended at 5 U.S.C. app) (Inspector General Act) (i.e., those These proposed regulations will not AGENCY: Council of the Inspectors Inspectors General that are have a significant economic impact on General on Integrity and Efficiency. Presidentially-appointed/Senate- a substantial number of small entities. ACTION: Proposed rule. confirmed and those that are appointed Therefore, a regulatory flexibility by agency heads) as well as the analysis as provided by the Regulatory SUMMARY: The Council of the Inspectors Controller of the Office of Federal Flexibility Act, as amended, is not General on Integrity and Efficiency Financial Management, a designated required. (CIGIE) is issuing this proposed rule to official of the Federal Bureau of establish its procedures relating to Paperwork Reduction Act Investigation (FBI), the Director of the access, maintenance, disclosure, and Office of Government Ethics, the Special These proposed regulations impose amendment of records that are in a Counsel of the Office of Special no additional reporting and CIGIE system of records under the Counsel, the Deputy Director of the recordkeeping requirements. Therefore, Privacy Act of 1974 (Privacy Act). The Office of Personnel Management, the clearance by OMB is not required. proposed rule also establishes rules of Deputy Director for Management of the conduct for CIGIE personnel who have Federalism (Executive Order 13132) Office of Management and Budget responsibilities under the Privacy Act. (OMB), and the Inspectors General for This rule does not have Federalism DATES: Submit comments on or before the Intelligence Community, Central implications, as set forth in Executive November 7, 2016. Intelligence Agency, Library of Order 13132. It will not have substantial ADDRESSES: You may submit comments Congress, Capitol Police, Government direct effects on the States, on the by any of the following methods: Publishing Office, Government relationship between the national • Federal eRulemaking Portal: http:// Accountability Office, and Architect of government and the States, or on the www.regulations.gov. Follow the the Capitol. The Deputy Director for distribution of power and instructions for submitting comments. Management of OMB serves as the responsibilities among the various • Email: comments@cigie.gov. Executive Chairperson of CIGIE. levels of government. • Fax: (202) 254–0162. Section 11(d) of the Inspector General • Mail: Atticus J. Reaser, General List of Subjects in 5 CFR Part 9801 Act mandates that CIGIE have an Counsel, Council of the Inspectors Integrity Committee (IC), which shall Information, Privacy, Privacy Act, General on Integrity and Efficiency, receive, review, and refer for Records. 1717 H Street NW., Suite 825, investigation allegations of wrongdoing ■ For the reasons set forth in the Washington, DC 20006. that are made against Inspectors General preamble, CIGIE proposes to add part • Hand Delivery/Courier: Council of and designated staff members of the 9801 to title 5 of the Code of Federal the Inspectors General on Integrity and various OIGs. Pursuant to section Regulations as follows: Efficiency, 1717 H Street NW., Suite 11(d)(2)(A) of the Inspector General Act, 825, Washington, DC 20006. all records received or created by the IC PART 9801—PRIVACY ACT FOR FURTHER INFORMATION CONTACT: in fulfilling its responsibilities are REGULATIONS Atticus J. Reaser, General Counsel, collected and maintained separately as CIGIE, (202) 292–2600. IC records by the official of the FBI Subpart A—General Provisions SUPPLEMENTARY INFORMATION: serving on the IC. As of the issuance of Sec. this proposed rule, all such records are 9801.101 Purpose and scope. ehiers on DSK5VPTVN1PROD with PROPOSALS Background Information maintained in FBI’s Central Records 9801.102 CIGIE organization. System and are subject to the system of 9801.103 Definitions. CIGIE is issuing this proposed rule to 9801.104 Rules for determining if an provide the procedures and guidelines records notices and the Privacy Act individual is the subject of a record. under which CIGIE will implement the policies and regulations applicable to 9801.105 Employee standards of conduct. Privacy Act. that system. See 28 CFR part 16, subpart 9801.106 Use and collection of social In 2008, Congress established CIGIE D. Accordingly, unless otherwise security numbers. as an independent entity within the specifically stated, the regulations 9801.107 Other rights and services. VerDate Sep<11>2014 15:04 Sep 06, 2016 Jkt 238001 PO 00000 Frm 00001 Fmt 4702 Sfmt 4702 E:\FR\FM\07SEP1.SGM 07SEP1

Federal Register / Vol. 81, No. 173 / Wednesday, September 7, 2016 / Proposed Rules 61629 Subpart B—Access to Records and Central Records System and are subject acknowledged within 10 days and the Accounting of Disclosures to the system of records notices and the individual will be informed of the Sec. Privacy Act policies and regulations reasons for the delay and an estimated 9801.201 Requests for access. applicable to that system. See 28 CFR date by which a response will be issued. 9801.202 Response to requests. part 16, subpart D. Accordingly, except 9801.203 Granting access. as stated in paragraph (c) of this section, § 9801.105 Employee standards of 9801.204 Special procedures: Medical conduct. records. because IC records are not maintained by CIGIE, this part does not apply to CIGIE will inform its employees 9801.205 Appeals from denials of requests involved in the design, development, for access to records. requests or appeals regarding IC records. 9801.206 Response to appeal of a denial of (c) Acceptance of requests and operation, or maintenance of any system access. appeals. CIGIE will accept initial of records, or in maintaining any record, 9801.207 Fees. requests or appeals regarding CIGIE of the provisions of the Privacy Act, 9801.208 Requests for accounting of record records and regarding IC records including the Act’s civil liability and disclosures. maintained by the FBI on behalf of the criminal penalty provisions. Unless Subpart C—Amendment of Records FBI. Requests and appeals regarding IC otherwise permitted by law, an records will be referred to the FBI for employee of CIGIE shall: Sec. (a) Collect from individuals only the 9801.301 Requests for amendment of processing and direct response to the record. requester by the FBI. information that is relevant and 9801.302 Response to requests. necessary to discharge the 9801.303 Appeal from adverse § 9801.103 Definitions. responsibilities of CIGIE; determination on amendment. (a) For purposes of this part the terms (b) Collect information about an 9801.304 Response to appeal of adverse individual, maintain, record, routine individual directly from that individual determination on amendment; use, and system of records, shall have whenever practicable when the disagreement statements. the meanings set forth in 5 U.S.C. information may result in adverse 9801.305 Assistance in preparing request to determinations about an individual’s amend a record or to appeal an initial 552a(a). (b) CIGIE means the Council of the rights, benefits, and privileges under adverse determination. Inspectors General on Integrity and Federal programs; Authority: Section 11 of the Inspector Efficiency and includes its predecessor (c) Inform each individual from whom General Act of 1978, Pub. L. 95–452, 92 Stat. information is collected of: 1101 (codified as amended at 5 U.S.C. app); entities, the Executive Council on Integrity and Efficiency and the (1) The legal authority to collect the 5 U.S.C. 301, 552a; 31 U.S.C. 9701. President’s Council on Integrity and information and whether providing it is Subpart A—General Provisions Efficiency. mandatory or voluntary; (c) Days, unless stated as ‘‘calendar (2) The principal purpose for which § 9801.101 Purpose and scope. days,’’ are working days and do not CIGIE intends to use the information; This part contains the regulations of include Saturdays, Sundays, or Federal (3) The routine uses CIGIE may make the Council of the Inspectors General on holidays. of the information; and Integrity and Efficiency (CIGIE) (d) IC means the CIGIE Integrity (4) The effects on the individual, if implementing the Privacy Act of 1974, Committee established under section any, of not providing the information; 5 U.S.C. 552a. This part sets forth the 11(d) of the Inspector General Act of (d) Maintain no system of record basic responsibilities of CIGIE with 1978, Public Law 95–452, 92 Stat. 1101 without public notice and notify regard to CIGIE’s compliance with the (codified as amended at 5 U.S.C. app) appropriate CIGIE officials of the requirements of the Privacy Act and (Inspector General Act). existence or development of any system offers guidance to members of the (e) Request for access to a record of records that is not the subject of a public who wish to exercise any of the means a request made under Privacy current or planned public notice; rights established by the Privacy Act Act subsection (d)(1). (e) Maintain all records that are used with regard to records maintained by (f) Request for amendment of a record by CIGIE in making any determination CIGIE. These regulations should be read means a request made under Privacy about an individual with such accuracy, in conjunction with the Privacy Act, Act subsection (d)(2). relevance, timeliness, and completeness which explains in more detail (g) Request for an accounting means as is reasonably necessary to ensure individuals’ rights. a request made under Privacy Act fairness to the individual in the subsection (c)(3). determination; § 9801.102 CIGIE organization. (h) Requester means an individual (f) Except as to disclosures made to an (a) Centralized program. Except as who makes a request for access, a agency or made under the Freedom of stated in paragraph (b) of this section, request for amendment, or a request for Information Act, 5 U.S.C. 552 (FOIA), CIGIE has a centralized Privacy Act an accounting under the Privacy Act. make reasonable efforts, prior to program, with one office receiving and disseminating any record about an coordinating the processing of all § 9801.104 Rules for determining if an individual, to ensure that the record is Privacy Act requests to CIGIE. individual is the subject of a record. accurate, relevant, timely, and complete; (b) Integrity Committee records. The An individual seeking to determine if (g) Maintain no record describing how Integrity Committee of CIGIE (IC) is the a specific CIGIE system of records an individual exercises his or her First single exception to CIGIE’s centralized contains a record pertaining to the Amendment rights, unless it is Privacy Act program. By statute, all individual must follow the procedures ehiers on DSK5VPTVN1PROD with PROPOSALS expressly authorized by statute or by the records received or created by the IC in set forth for access to records in individual about whom the record is fulfilling its responsibilities are § 9801.201(a), (b)(1) and (2), (c), and (d). maintained, or is pertinent to and collected and maintained separately as A request to determine if an individual within the scope of an authorized law IC records by the official of the Federal is the subject of a record will ordinarily enforcement activity; Bureau of Investigation (FBI) serving on be responded to within 10 days, except (h) When required by the Privacy Act, the IC. Currently, all such records are when CIGIE determines otherwise, in maintain an accounting in the specified maintained by the FBI in the FBI’s which case the request will be form of all disclosures of records by VerDate Sep<11>2014 15:04 Sep 06, 2016 Jkt 238001 PO 00000 Frm 00002 Fmt 4702 Sfmt 4702 E:\FR\FM\07SEP1.SGM 07SEP1

61630 Federal Register / Vol. 81, No. 173 / Wednesday, September 7, 2016 / Proposed Rules CIGIE to persons, organizations, or upon request from CIGIE’s Office of § 9801.202 Response to requests. agencies; General Counsel. A request for access will ordinarily be (i) Maintain and use records with care (2) If the written inquiry does not responded to within 10 days, except to prevent the unauthorized or refer to a specific system of records, it when CIGIE determines otherwise, in inadvertent disclosure of a record to must describe the records that are which case the request will be anyone. No record contained in a CIGIE sought in enough detail to enable CIGIE acknowledged within 10 days and the system of record shall be disclosed to personnel to locate the system of requester will be informed of the another person, or to another agency records containing them with a reasons for the delay and an estimated outside CIGIE, except pursuant to a reasonable amount of effort. date by which a response will be issued. written request by, or with the prior (3) The request should state whether A response to a request for access written consent of, the individual to the requester wants a copy of the record should include the following: whom the record pertains, unless the or wants to examine the record in (a) A statement that there is a record disclosure is otherwise authorized by person. or records as requested or a statement the Privacy Act; and that there is not a record in the system (j) Notify the appropriate CIGIE (c) Verification of identity. A of records; official of any record that contains requester seeking access to records (b) The method of access (if a copy of information that the Privacy Act does pertaining to the requester must verify all the records requested is not provided not permit CIGIE to maintain. their identity in their request. The with the response); request must state the requester’s full (c) The amount of any fees to be § 9801.106 Use and collection of social name, current address, and date and charged for copies of records under security numbers. place of birth. The requester must sign § 9801.207, if applicable; (a) No denial of right, benefit, or the request and the signature must (d) The name and title of the official privilege. Individuals may not be denied either be notarized or state, ‘‘Under responsible for the response; and any right, benefit, or privilege as a result penalty of perjury, I hereby declare that (e) If the request is denied in whole of refusing to provide their social I am the person named above and I or in part, or no record is found in the security numbers, unless the collection understand that any falsification of this system, a statement of the reasons for is required by Federal statute; and statement is punishable under the the denial, or a statement that no record (b) Notification to individual. provisions of Title 18, United States has been found, and notice of the Individuals requested to provide their Code (U.S.C.), Section 1001 by a fine of procedures for appealing the denial or social security numbers must be not more than $10,000 or by no record finding. informed of: imprisonment of not more than five (1) Whether providing social security years, or both; and that requesting or § 9801.203 Granting access. numbers is mandatory or voluntary; obtaining any record(s) under false (a) Means of access. (1) The methods (2) The statutory or regulatory pretenses is punishable under the for allowing access to records, when authority that authorizes the collection provisions of Title 5, U.S.C., Section such access has been granted by CIGIE, of social security numbers; and 552a(i)(3) as a misdemeanor and by a are: (3) The uses that will be made of the fine of not more than $5,000.’’ In order (i) Examination in person in a numbers. to help the identification and location of designated office during the hours § 9801.107 Other rights and services. requested records, the requester may specified by CIGIE; or Nothing in this part shall be optionally include their social security (ii) Providing copies of the records. construed to entitle any person, as of number. No identification shall be (2) When a requester has not right, to any service or to the disclosure required if the records are required by indicated whether he wants a copy of of any record to which such person is 5 U.S.C. 552 to be released. the record or wants to examine the not entitled under the Privacy Act. (d) Verification of guardianship. record in person, CIGIE may choose the When making a request as the parent or means of granting access. However, the Subpart B—Access to Records and guardian of a minor or as the guardian means chosen should not unduly Accounting of Disclosures of someone determined by a court to be impede the requester’s right of access. A incompetent for access to records about requester may elect to receive a copy of § 9801.201 Requests for access. the records after having examined them. that individual, the requester must (a) How addressed. A requester establish: (b) Accompanying individual. If the seeking access to records pertaining to requester is granted in person access to (1) The identity of the individual who the requester in a CIGIE system of examine the records, the requester may is the subject of the record, by stating records should submit a written request be accompanied by another individual the name, current address, date and that includes the words ‘‘Privacy Act of the requester’s choice during the place of birth, and, at the requester’s Request’’ on both the envelope and at course of the examination of the option, the social security number of the the top of the request letter to the records. CIGIE may require the requester individual; Executive Director, Council of the to submit a signed statement authorizing Inspectors General on Integrity and (2) The requester’s identity, as the accompanying individual’s access to Efficiency, 1717 H Street NW., Suite required in paragraph (c) of this section; the records. 825, Washington, DC 20006. (3) That the requester is the parent or (c) Certified copies. CIGIE will not (b) Description of records sought. (1) guardian of that individual, which may furnish certified copies of records. A request should contain a specific be established by providing a copy of ehiers on DSK5VPTVN1PROD with PROPOSALS When copies are to be furnished, they reference to the CIGIE system of records the individual’s birth certificate may be provided as determined by from which access to the records is showing the requester’s parentage or by CIGIE. sought. Notices of CIGIE systems of providing a court order establishing the (d) Original records. When the records subject to the Privacy Act are requester’s guardianship; and requester seeks to obtain original published in the Federal Register, and (4) That the requester is acting on documentation, CIGIE reserves the right copies of the notices are available on behalf of that individual in making the to limit the request to copies of the CIGIE’s Web site at www.ignet.gov, or request. original records. VerDate Sep<11>2014 15:04 Sep 06, 2016 Jkt 238001 PO 00000 Frm 00003 Fmt 4702 Sfmt 4702 E:\FR\FM\07SEP1.SGM 07SEP1

Federal Register / Vol. 81, No. 173 / Wednesday, September 7, 2016 / Proposed Rules 61631 § 9801.204 Special procedures: Medical (3) CIGIE making the records available Integrity and Efficiency, 1717 H Street records. to be personally reviewed by the NW., Suite 825, Washington, DC 20006. In the event CIGIE receives a request requester. (b) Fees for additional copies. When § 9801.208 Requests for accounting of pursuant to § 9801.201 for access to record disclosures. medical records (including a requester requests additional copies of psychological records) whose disclosure records, CIGIE will assess the requester (a) How made and addressed. Except CIGIE determines would be harmful to a fee of $.20 per page. CIGIE will bill where accountings of disclosures are not the individual to whom they relate, it requester in arrears for such fees, except required to be kept (as stated in may refuse to disclose the records as follows: paragraph (b) of this section), a directly to the requester but shall (1) If the total fee for additional copies requester may request an accounting of transmit them to a physician designated amounts to more than $25.00, the any disclosure that has been made by by the requester. requester will be notified of the fee CIGIE to another person, organization, amount. Except as specified in or agency of any record about the § 9801.205 Appeals from denials of paragraph (b)(2) of this section, upon requester. This accounting contains the requests for access to records. requester’s written agreement to pay the date, nature, and purpose of each (a) How addressed. A requester may assessed fees, CIGIE will provide the disclosure, as well as the name and submit a written appeal of the decision additional copies without prepayment address of the person, organization, or by CIGIE to deny an initial request for of such fees (i.e., payment will be agency to which the disclosure was access to records or a no record accepted in arrears). made. A requester seeking an response to the Chairperson, Council of (2) An advance payment before accounting of record disclosures must the Inspectors General on Integrity and additional copies of the records are follow the procedures set forth for Efficiency, 1717 H Street NW., Suite made will be required if: access to records in § 9801.201(a), (b)(1) 825, Washington, DC 20006. The words (i) CIGIE determines that the total fee and (2), (c), and (d). ‘‘Privacy Act Appeal’’ should be to be assessed under this section exceeds $250.00. When such a (b) Where accountings are not included on the envelope and at the top required. CIGIE is not required to determination is made, the requester of the letter of appeal. provide accountings to requesters where will be notified of the determination (b) Deadline and content. The appeal and will be required to submit an they relate to: must be received by CIGIE within 60 advance payment of an amount up to (1) Disclosures for which accountings days of the date of the letter denying the the total fee. The amount of the are not required to be kept, including access request or reflecting the no advanced payment will be at the sole disclosures that are made to officers and record finding and should contain a discretion of CIGIE and will be based, in employees of CIGIE and disclosures that brief description of the records involved part, on whether requester has a history are made under the FOIA. For purposes or copies of the relevant correspondence of prompt payment of Privacy Act fees. of this part, officers and employees of from CIGIE. The appeal should attempt If the required advanced payment is an CIGIE includes, in part, CIGIE’s to refute the reasons given by CIGIE in amount less than the total fee, requester membership, as addressed in section 11 support of its decision to deny the will be required to submit a written of the Inspector General Act, when such initial request for access or no record agreement to pay any fees not paid in members are acting in their capacity as finding. advance; or CIGIE members; § 9801.206 Response to appeal of a denial (ii) The requester has previously (2) Disclosures made to law of access. failed to pay a previously assessed enforcement agencies for authorized law Privacy Act fee in a timely fashion (i.e., enforcement activities in response to (a) Access granted. If the Chairperson within 30 days of the date of the written requests from those law or the Chairperson’s designee billing). In such cases, the requester will enforcement agencies specifying the law determines that access to the records be required to pay the full amount enforcement activities for which the should be granted, the response will outstanding plus any applicable interest disclosures are sought; or state how access will be provided if the as provided by paragraph (c) of this (3) Disclosures made from law records are not included with the section and to make an advance enforcement systems of records that response. payment of the full amount of the have been exempted from accounting (b) Denial affirmed. Any decision that determined fee before CIGIE begins to either partially or fully affirms the requirements. process a new request for additional initial decision to deny access or no copies. Subpart C—Amendment of Records record finding shall inform the requester (c) Interest charges. For additional of the right to seek judicial review of the copies provided to requester that result § 9801.301 Requests for amendment of decision in accordance with the Privacy record. in fees assessed, CIGIE will begin Act (5 U.S.C. 552a(g)). levying interest charges on an unpaid (a) How addressed. A requester (c) When appeal is required. If a balance starting on the 31st day seeking to amend a record or records requester wishes to seek review by a following the day on which the billing pertaining to requester in a CIGIE court of any adverse determination or was sent. Interest will be assessed at the system of records should submit a denial of a request, the requester must rate prescribed under 31 U.S.C. 3717 written request that includes the words first appeal it under § 9801.205. and will accrue from the date of the ‘‘Privacy Act Amendment Request’’ on both the envelope and at the top of the ehiers on DSK5VPTVN1PROD with PROPOSALS § 9801.207 Fees. billing. (d) Payment address. Payment of fees request letter to the Executive Director, (a) No fees for most services. Services should be made by either a personal Council of the Inspectors General on for which fees will not be charged: check, bank draft or a money order that Integrity and Efficiency, 1717 H Street (1) The search and review time is payable to the Department of the NW., Suite 825, Washington, DC 20006. expended by CIGIE to produce a record; Treasury of the United States and Records not subject to the Privacy Act (2) The first copy of the records mailed or delivered to: Privacy Officer, will not be amended in accordance with provided; and Council of the Inspectors General on these provisions. VerDate Sep<11>2014 15:04 Sep 06, 2016 Jkt 238001 PO 00000 Frm 00004 Fmt 4702 Sfmt 4702 E:\FR\FM\07SEP1.SGM 07SEP1

61632 Federal Register / Vol. 81, No. 173 / Wednesday, September 7, 2016 / Proposed Rules (b) Contents of request. A request to practicable, the system manager shall (2) File a statement setting forth their amend a record in a CIGIE system of send a copy of the amended record to reasons for disagreeing with the records must include: previous recipients. decision. (1) The name of the system of records (2) If CIGIE denies the request in (d) Requester’s disagreement and a brief description of the record whole or in part, the reasons for the statement. A requester’s disagreement proposed for amendment. In the event denial will be stated in the response statement must be concise. CIGIE has the request to amend the record is the letter. In addition, the response letter the authority to determine the result of the requester having gained will state: ‘‘conciseness’’ of the statement, taking access to the record in accordance with (i) The name and address of the into account the scope of the the provisions concerning access to official with whom an appeal of the disagreement and the complexity of the records as set forth in subpart B of this denial may be lodged; and issues. part, copies of previous correspondence (ii) A description of any other (e) Provision of requester’s between the requester and CIGIE will procedures which may be required of disagreement statement. In any serve in lieu of a separate description of the requester in order to process the disclosure of information about which the record. appeal. an individual has filed a proper (2) The exact portion of the record the § 9801.303 Appeal from adverse statement of disagreement, CIGIE will requester seeks to have amended should determination on amendment. clearly note any disputed portion(s) of be indicated clearly. If possible, (a) How addressed. A requester may the record(s) and will provide a copy of proposed alternative language should be submit a written appeal of the decision the statement to persons or other set forth, or, at a minimum, the reasons by CIGIE to deny an initial request to agencies to whom the disputed record why the requester believes the record is amend a record in a CIGIE system of or records has been disclosed and for not accurate, relevant, timely, or records to the Chairperson, Council of whom an accounting of disclosure has complete should be set forth with the Inspectors General on Integrity and been maintained. A concise statement of enough particularity to permit CIGIE to Efficiency, 1717 H Street NW., Suite the reasons for not making the not only to understand the requester’s 825, Washington, DC 20006. The words amendments requested may also be basis for the request, but also to make ‘‘Privacy Act Appeal’’ should be provided. an appropriate amendment to the included on the envelope and at the top record. § 9801.305 Assistance in preparing of the letter of appeal. request to amend a record or to appeal an (c) Burden of proof. The requester has (b) Deadline and content. The appeal initial adverse determination. the burden of proof when seeking the must be received by CIGIE within 60 amendment of a record. The requester Requesters may seek assistance in days of the date of the letter denying the preparing a request to amend a record must furnish sufficient facts to persuade request and should contain a brief the appropriate system manager of the or an appeal of an initial adverse description of the record(s) involved or determination, or to learn further of the inaccuracy, irrelevance, untimeliness, or copies of the correspondence from incompleteness of the record. provisions for judicial review, by CIGIE and the reasons why the requester contacting CIGIE’s Privacy Officer by (d) Identification requirement. When believes that the disputed information the requester’s identity has been email at privacy@cigie.gov or by mail at should be amended. Privacy Officer, Council of the previously verified pursuant to § 9801.201, further verification of § 9801.304 Response to appeal of adverse Inspectors General on Integrity and identity is not required as long as the determination on amendment; Efficiency, 1717 H Street NW., Suite communication does not suggest a need disagreement statements. 825, Washington, DC 20006. for verification. If the requester’s (a) Response timing. The Chairperson Dated: August 31, 2016. identity has not been previously should make a final determination in Michael E. Horowitz, verified, the appropriate system writing not later than 30 days from the Chairperson of the Council of the Inspectors manager may require identification date the appeal was received. The 30- General on Integrity and Efficiency. validation as described in § 9801.201. day period may be extended for good [FR Doc. 2016–21473 Filed 9–6–16; 8:45 am] cause. Notice of the extension and the BILLING CODE 6820–C9–P § 9801.302 Response to requests. reasons therefor will be sent to the (a) Time limit for acknowledging a requester within the 30-day period. request for amendment. To the extent (b) Amendment granted. If the possible, CIGIE will acknowledge FEDERAL TRADE COMMISSION Chairperson determines that the receipt of a request to amend a record record(s) should be amended in 16 CFR Part 314 or records within 10 working days. accordance with the requester’s request, (b) Determination on an amendment the Chairperson will take the necessary RIN 3084–AB35 request. The decision of CIGIE in steps to advise the requester and to response to a request for amendment of Standards for Safeguarding Customer direct the appropriate system manager: Information a record in a system of records may (1) To amend the record(s); and grant in whole or deny any part of the (2) To notify previous recipients of AGENCY: Federal Trade Commission. request to amend the record. the record(s) for which there is an ACTION: Request for public comment. (1) If CIGIE grants the request, the accounting of disclosure that the appropriate system manager will amend record(s) have been amended. SUMMARY: The Federal Trade the record(s) and provide a copy of the Commission (‘‘FTC’’ or ‘‘Commission’’) ehiers on DSK5VPTVN1PROD with PROPOSALS (c) Denial affirmed. If the appeal amended record(s) to the requester. To decision does not grant in full the requests public comment on its the extent an accounting of disclosure request for amendment, the decision Standards for Safeguarding Customer has been maintained, the system letter will notify the requester that the Information (‘‘Safeguards Rule’’ or manager shall advise all previous requester may: ‘‘Rule’’). The Commission is soliciting recipients of the record that an (1) Obtain judicial review of the comment as part of the FTC’s systematic amendment has been made and give the decision in accordance with the terms of review of all current Commission substance of the amendment. Where the Privacy Act at 5 U.S.C. 552a(g); and regulations and guides. VerDate Sep<11>2014 15:04 Sep 06, 2016 Jkt 238001 PO 00000 Frm 00005 Fmt 4702 Sfmt 4702 E:\FR\FM\07SEP1.SGM 07SEP1


Document Created: 2016-09-07 11:51:03
Document Modified: 2016-09-07 11:51:03
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionProposed rule.
DatesSubmit comments on or before November 7, 2016.
ContactAtticus J. Reaser, General Counsel, CIGIE, (202) 292-2600.
FR Citation81 FR 61628 
RIN Number3219-AA00
CFR AssociatedInformation; Privacy; Privacy Act and Records
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