[Federal Register Volume 82, Number 158 (Thursday, August 17, 2017)]
[Proposed Rules]
[Pages 39067-39070]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-17281]


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AMERICAN BATTLE MONUMENTS COMMISSION

36 CFR Part 407

RIN 3263-AA00


ABMC Privacy Program

AGENCY: American Battle Monuments Commission.

ACTION: Proposed rule.

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SUMMARY: This rule provides guidance and assigns responsibility for the 
privacy program under the American Battle Monuments Commission (ABMC) 
pursuant to the Privacy Act of 1974 and applicable Office of Management 
Budget (OMB) guidance.

DATES: Send comments on or before October 16, 2017.

ADDRESSES: You may send comments, identified by RIN number, by the 
following method:
     Federal Rulemaking Portal: http://www.regulations.gov.
    Follow the instructions for submitting comments. All submissions 
received must include the agency name and docket number or RIN for this 
document. The general policy for comments and other submissions from 
members of the public is to make these submissions available for public 
viewing at http://www.regulations.gov as they are received without 
change, including any personal identifiers or contact information.

FOR MORE INFORMATION CONTACT: Edwin L. Fountain, General Counsel, 
American Battle Monuments Commission, 2300 Clarendon Boulevard Suite 
500, Arlington VA 22201, [email protected].

SUPPLEMENTARY INFORMATION: The authority for this rulemaking is 5 
U.S.C. 552a, the Privacy Act of 1974, as amended, which requires the 
implementation of the Act by Federal agencies.
    This action ensures that ABMC's collection, use, maintenance, or 
dissemination of information about individuals for purposes of 
discharging its statutory responsibilities will be performed in 
accordance with the Privacy Act of 1974 and applicable OMB guidance. 
This rule:
     Establishes rules of conduct for ABMC personnel and ABMC 
contractors involved in the design, development, operation, or 
maintenance of any system of records.
     Establishes appropriate administrative, technical, and 
physical safeguards to ensure the security and confidentiality of 
records and to protect against any anticipated threats or hazards to 
their security or integrity that could result in substantial harm, 
embarrassment, inconvenience, or unfairness to any individual about 
whom information is maintained.
     Ensures that guidance, assistance, and subject matter 
expert support are provided ABMC staff, contractors and the public as 
needed in the implementation and execution of and compliance with the 
ABMC Privacy Program.
     Ensures that laws, policies, procedures, and systems for 
protecting individual privacy rights are implemented throughout ABMC.

Regulatory Procedures

Executive Order 12866, Regulatory Planning and Review, and Executive 
Order 13563, Improving Regulation and Regulatory Review

    Executive Orders 12866 and 13563 direct agencies to assess all 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits (including potential economic, environmental, public 
health and safety effects, distributive impacts, and equity). Executive 
Order 13563 emphasizes the importance of quantifying both costs and 
benefits, of reducing costs, of harmonizing rules, and of promoting 
flexibility. This rule benefits the public and the United States 
Government by providing clear procedures for members of the public, 
contractors, and employees to follow with regard to the ABMC privacy 
program. This rule has been designated a not significant regulatory 
action.

Unfunded Mandates Reform Act

    Section 202 of the Unfunded Mandates Reform Act of 1995 (UMRA) (2 
U.S.C. 1532) requires agencies to assess anticipated costs and benefits 
before issuing any rule whose mandates require spending in any 1 year 
of $100 million in 1995 dollars, updated annually for inflation. In 
2016, that threshold is approximately $146 million. This rule will not 
mandate any requirements for State, local, or tribal governments, nor 
will it affect private sector costs.

Public Law 96-354, Regulatory Flexibility Act

    The ABMC certifies this proposed rule is not subject to the 
Regulatory Flexibility Act (5 U.S.C. Ch. 6) because it would not, if 
promulgated, have a significant economic impact on a substantial number 
of small entities. Therefore, the Regulatory Flexibility

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Act, as amended, does not require ABMC to prepare a regulatory 
flexibility analysis.

Executive Order 13132, Federalism

    Executive Order 13132 establishes certain requirements that an 
agency must meet when it promulgates a proposed rule (and subsequent 
final rule) that imposes substantial direct requirement costs on State 
and local governments, preempts State law, or otherwise has Federalism 
implications. This rule will not have a substantial effect on the 
States; the relationship between the National Government and the 
States; or the distribution of power and responsibilities among the 
various levels of Government.

Public Law 96-511, Paperwork Reduction Act

    It has been determined that this rule does not impose reporting or 
record keeping requirements under the Paperwork Reduction Act of 1995 
(44 U.S.C. Chapter 35).

List of Subjects in 36 CFR Part 407

    Privacy.

     Dated: August 10, 2017.
Robert J. Dalessandro,
Acting Secretary, ABMC.

0
36 CFR Chapter IV is proposed to be amended by adding part 407 to read 
as follows:

PART 407--IMPLEMENTATION OF THE PRIVACY ACT OF 1974

Sec.
407.1 Purpose and scope of the regulations in this part.
407.2 Definitions.
407.3 Inquiries about ABMC's systems of records or implementation of 
the Privacy Act.
407.4 Procedures for acquiring access to ABMC records pertaining to 
an individual.
407.5 Identification required when requesting access to ABMC records 
pertaining to an individual.
407.6 Procedures for amending or correcting an individual's ABMC 
record.
407.7 Procedures for appealing a refusal to amend or correct an ABMC 
record.
407.8 Fees charged to locate, review, or copy records.
407.9 Procedures for maintaining accounts of disclosures made by 
ABMC from its systems of records.

    Authority:  5 U.S.C. 552a(f).


Sec.  407.1  Purpose and scope of the regulations in this part.

    The regulations in this part set forth ABMC's procedures under the 
Privacy Act, as required by 5 U.S.C. 552a(f), with respect to systems 
of records maintained by ABMC. The rules in this part apply to all 
records maintained by ABMC that are retrieved by an individual's name 
or by some identifying number, symbol, or other identifying particular 
assigned to the individual. These regulations establish procedures by 
which an individual may exercise the rights granted by the Privacy Act 
to determine whether an ABMC system of records contains a record 
pertaining to him or her; to gain access to such records; and to 
request correction or amendment of such records. These rules should be 
read together with the Privacy Act, which provides additional 
information about records maintained on individuals.


Sec.  407.2  Definitions.

    The definitions in subsection (a) of the Privacy Act (5 U.S.C. 
552a(a)) apply to this part. In addition, as used in this part:
    ABMC means the American Battle Monuments Commission;
    ABMC system means a system of records maintained by ABMC;
    Business day means a calendar day, excluding Saturdays, Sundays, 
and legal public holidays.
    General Counsel means the General Counsel of ABMC, or his or her 
designee.
    Individual means a citizen of the United States or an alien 
lawfully admitted for permanent residence.
    Privacy Act or Act means the Privacy Act of 1974, as amended (5 
U.S.C. 552a);
    Secretary means the Secretary of ABMC, or his or her designee;
    You, your, or other references to the reader of the regulations in 
this part are meant to apply to the individual to whom a record 
pertains.


Sec.  407.3   Inquiries about ABMC's systems of records or 
implementation of the Privacy Act.

    Inquiries about ABMC's systems of records or implementation of the 
Privacy Act should be sent to the following address: American Battle 
Monuments Commission, Office of the General Counsel, 2300 Clarendon 
Boulevard, Suite 500, Arlington VA 22201.


Sec.  407.4   Procedures for accessing ABMC records pertaining to an 
individual.

    The following procedures apply to records that are contained in an 
ABMC system:
    (a) You may request to be notified if a system of records that you 
name contains records pertaining to you, and to review any such 
records, by writing to the Office of the General Counsel (see Sec.  
407.3). You also may call the Office of the General Counsel at (703) 
696-6902 on business days, between the hours of 9 a.m. and 5 p.m., to 
schedule an appointment to make such a request in person. A request for 
records should be presented in writing and should identify specifically 
the ABMC system(s) involved. Your request to access records pertaining 
to you will be treated as a request under both the Privacy Act, as 
implemented by this part, and the Freedom of Information Act (5 U.S.C. 
552), as implemented by part 404 of this title (36 CFR 404.1 through 
404.10).
    (b) Access to the records, or to any other information pertaining 
to you that is contained in the system, shall be provided if the 
identification requirements of Sec.  407.5 are satisfied and the 
records are determined otherwise to be releasable under the Privacy Act 
and these regulations. ABMC shall provide you an opportunity to have a 
copy made of any such records about you. Only one copy of each 
requested record will be supplied, based on the fee schedule in Sec.  
407.8.
    (c) ABMC will comply promptly with requests made in person at 
scheduled appointments, if the requirements of this section are met and 
the records sought are immediately available. ABMC will acknowledge, 
within 10 business days, mailed requests or personal requests for 
records that are not immediately available, and the information 
requested will be provided promptly thereafter.
    (d) If you make your request in person at a scheduled appointment, 
you may, upon your request, be accompanied by a person of your choice 
to review your records. ABMC may require that you furnish a written 
statement authorizing discussion of your records in the accompanying 
person's presence. A record may be disclosed to a representative chosen 
by you upon your proper written consent.
    (e) Medical or psychological records pertaining to you shall be 
disclosed to you unless, in the judgment of ABMC, access to such 
records might have an adverse effect upon you. When such a 
determination has been made, ABMC may refuse to disclose such 
information directly to you. ABMC will, however, disclose this 
information to you through a licensed physician designated by you in 
writing.
    (f) If you are unsatisfied with an adverse determination on your 
request to access records pertaining to you, you may appeal that 
determination using the procedures set forth in Sec.  407.7(a).


Sec.  407.5   Identification required when requesting access to ABMC 
records pertaining to an individual.

    ABMC will require reasonable identification of all individuals who

[[Page 39069]]

request access to records in an ABMC system to ensure that records are 
disclosed to the proper person.
    (a) The amount of personal identification required will of 
necessity vary with the sensitivity of the record involved. In general, 
if you request disclosure in person, you will be required to show an 
identification card, such as a driver's license, containing your 
photograph and sample signature. However, with regard to records in 
ABMC systems that contain particularly sensitive and/or detailed 
personal information, ABMC reserves the right to require additional 
means of identification as are appropriate under the circumstances. 
These means include, but are not limited to, requiring you to sign a 
statement under oath as to your identity, acknowledging that you are 
aware of the criminal penalties for requesting or obtaining records 
under false pretenses or falsifying information (see 5 U.S.C. 
552a(i)(3); 18 U.S.C. 1001).
    (b) If you request disclosure by mail, ABMC will request such 
information as may be necessary to ensure that you are properly 
identified and for a response to be sent. Authorized means to achieve 
this goal include, but are not limited to, requiring that a mail 
request include a signed, notarized statement asserting your identity 
or a statement signed under oath as described in subsection (a) of this 
section.


Sec.  407.6   Procedures for amending or correcting an individual's 
ABMC record.

    (a) You are entitled to request amendments to or corrections of 
records pertaining to you that you believe are not accurate, relevant, 
timely, or complete, pursuant to the provisions of the Privacy Act, 
including 5 U.S.C. 552a(d)(2). Such a request should be made in writing 
and addressed to the Office of the General Counsel (see Sec.  407.3).
    (b) Your request for amendments or corrections should specify the 
following:
    (1) The particular record that you are seeking to amend or correct;
    (2) The ABMC system from which the record was retrieved;
    (3) The precise correction or amendment you desire, preferably in 
the form of an edited copy of the record reflecting the desired 
modification; and
    (4) Your reasons for requesting amendment or correction of the 
record.
    (c) ABMC will acknowledge a request for amendment or correction of 
a record within 10 business days of its receipt, unless the request can 
be processed and the individual informed of the General Counsel's 
decision on the request within that 10-day period.
    (d) If after receiving and investigating your request, the General 
Counsel agrees that the record is not accurate, timely, or complete, 
based on a preponderance of the evidence, then the record will be 
corrected or amended promptly. The record will be deleted without 
regard to its accuracy, if the record is not relevant or necessary to 
accomplish the ABMC function for which the record was provided or is 
maintained. In either case, you will be informed in writing of the 
amendment, correction, or deletion. In addition, if accounting was made 
of prior disclosures of the record, all previous recipients of the 
record will be informed of the corrective action taken.
    (e) If after receiving and investigating your request, the General 
Counsel does not agree that the record should be amended or corrected, 
you will be informed promptly in writing of the refusal to amend or 
correct the record and the reason for this decision. You also will be 
informed that you may appeal this refusal in accordance with Sec.  
407.7.
    (f) Requests to amend or correct a record governed by the 
regulations of another agency will be forwarded to such agency for 
processing, and you will be informed in writing of this referral.


Sec.  407.7   Procedures for appealing a refusal to amend or correct an 
ABMC record.

    (a) You may appeal a refusal to amend or correct a record to the 
Secretary of ABMC. Such appeal must be made in writing within 30 
business days of your receipt of the initial refusal to amend or 
correct your record. Your appeal should be sent to the Office of the 
General Counsel (see Sec.  407.3), should indicate that it is an 
appeal, and should include the basis for the appeal.
    (b) The Secretary will review your request to amend or correct the 
record, the General Counsel's refusal, and any other pertinent material 
relating to the appeal. No hearing will be held.
    (c) The Secretary shall render his or her decision on your appeal 
within 30 business days of its receipt by ABMC, unless the Secretary, 
for good cause shown, extends the 30-day period. Should the Secretary 
extend the appeal period, you will be informed in writing of the 
extension and the circumstances of the delay.
    (d) If the Secretary determines that the record that is the subject 
of the appeal should be amended or corrected, the record will be so 
modified, and you will be informed in writing of the amendment or 
correction. Where an accounting was made of prior disclosures of the 
record, all previous recipients of the record will be informed of the 
corrective action taken.
    (e) If your appeal is denied, you will be informed in writing of 
the following:
    (1) The denial and the reasons for the denial;
    (2) That you may submit to ABMC a concise statement setting forth 
the reasons for your disagreement as to the disputed record. Under the 
procedures set forth in subsection (f) of this section, your statement 
will be disclosed whenever the disputed record is disclosed; and
    (3) That you may seek judicial review of the Secretary's 
determination under 5 U.S.C. 552a(g)(1).
    (f) Whenever you submit a statement of disagreement to ABMC in 
accordance with paragraph (e)(2) of this section, the record will be 
annotated to indicate that it is disputed. In any subsequent 
disclosure, a copy of your statement of disagreement will be disclosed 
with the record. If ABMC deems it appropriate, a concise statement of 
the Secretary's reasons for denying your appeal also may be disclosed 
with the record. While you will have access to this statement of the 
Secretary's reasons for denying your appeal, such statement will not be 
subject to correction or amendment. Where an accounting was made of 
prior disclosures of the record, all previous recipients of the record 
will be provided a copy of your statement of disagreement, as well as 
any statement of the Secretary's reasons for denying your appeal deemed 
appropriate.


Sec.  407.8   Fees charged to locate, review, or copy records.

    (a) ABMC will charge no fees for search time or for any other time 
expended by ABMC to review a record. However, ABMC may charge fees 
where you request that a copy be made of a record to which you have 
been granted access. Where a copy of the record must be made in order 
to provide access to the record (e.g., computer printout where no 
screen reading is available), the copy will be made available to you 
without cost.
    (b) Copies of records made by photocopy or similar process will be 
charged to you at the rate of $0.15 per page. Where records are not 
susceptible to photocopying (e.g., punch cards, magnetic tapes, or 
oversize materials), you will be charged actual cost as determined on a 
case-by-case basis. Copying fees will not be charged if the cost of 
collecting a fee would be equal to or greater than the fee itself. 
Copying fees for contemporaneous requests by the same individual shall 
be aggregated to determine the total fee.

[[Page 39070]]

    (c) Special and additional services provided at your request, such 
as certification or authentication, postal insurance, and special 
mailing arrangement costs, will be charged to you at the rates set 
forth in Sec.  404.7(e) of this chapter.
    (d) You may request that a copying fee not be charged or, 
alternatively, be reduced, by submitting a written petition to ABMC's 
General Counsel (see Sec.  407.3) asserting that you are indigent. If 
the General Counsel determines, based on the petition, that you are 
indigent and that ABMC's resources permit a waiver of all or part of 
the fee, the General Counsel may, in his or her discretion, waive or 
reduce the copying fee.
    (e) All fees shall be paid before any copying request is 
undertaken. Payments shall be made by check or money order payable to 
``American Battle Monuments Commission.''


Sec.  407.9   Procedures for accessing accountings of disclosures made 
by ABMC from its systems of records.

    (a) The Office of the General Counsel shall maintain a log 
containing the date, nature, and purpose of each disclosure of a record 
to any person or to another agency. Such accounting also shall contain 
the name and address of the person or agency to whom each disclosure 
was made. This log need not include disclosures made to ABMC employees 
in the course of their official duties, or pursuant to the provisions 
of the Freedom of Information Act (5 U.S.C. 552).
    (b) ABMC will retain the accounting of each disclosure for at least 
five years after the disclosure for which the accounting is made or for 
the life of the record that was disclosed, whichever is longer.
    (c) ABMC will make the accounting of disclosures of a record 
pertaining to you available to you at your request. Such a request 
should be made in accordance with the procedures set forth in Sec.  
407.4. This paragraph (c) does not apply to disclosures made for law 
enforcement purposes under 5 U.S.C. 552a(b)(7).

[FR Doc. 2017-17281 Filed 8-16-17; 8:45 am]
 BILLING CODE 6120-01-P