[Federal Register Volume 83, Number 85 (Wednesday, May 2, 2018)]
[Rules and Regulations]
[Pages 19408-19411]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-09209]



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Vol. 83

Wednesday,

No. 85

May 2, 2018

Part II





 National Commission on Military, National, and Public Service





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1 CFR Part 426





 Privacy Act Regulations; Interim Final Rule

  Federal Register / Vol. 83 , No. 85 / Wednesday, May 2, 2018 / Rules 
and Regulations  

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NATIONAL COMMISSION ON MILITARY, NATIONAL, AND PUBLIC SERVICE

1 CFR Part 426

RIN 3262-AA01


Privacy Act Regulations

AGENCY: National Commission on Military, National, and Public Service.

ACTION: Interim final rule; request for comments.

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SUMMARY: This rule provides guidance and assigns responsibility for the 
privacy program of the National Commission on Military, National, and 
Public Service (the ``Commission'') pursuant to the Privacy Act of 1974 
and applicable Office of Management Budget (OMB) guidance.

DATES: This interim final rule is effective on May 2, 2018. Written 
comments on the interim final rule should be received on or before June 
1, 2018.

ADDRESSES: You may send comments, identified by Regulatory Information 
Number (RIN) number, by any of the following methods:
     Email: Please send comments to [email protected] and 
include the RIN in the subject line of the message.
     Website: http://www.inspire2serve.gov/content/share-your-thoughts. Follow the instructions on the page to submit a comment and 
include the docket number in the comment.
     Mail: National Commission on Military, National, and 
Public Service, Attn: Rulemaking--RIN 3262-AA01, 2530 Crystal Drive, 
Suite 1000, Box No. 63, Arlington, VA 22202.
    All submissions received should include the RIN for this 
rulemaking. If the Commission cannot read your comment due to technical 
difficulties and cannot contact you for clarification, the Commission 
may not be able to consider your comment.

FOR FURTHER INFORMATION CONTACT: For general inquiries, submission 
process questions, or any additional information about this interim 
final regulation, please contact Rachel Rikleen, at (703) 571-3760 or 
by email at [email protected].

SUPPLEMENTARY INFORMATION: 

I. Background

    On December 23, 2016, the President signed into law the National 
Defense Authorization Act for Fiscal Year 2017, Public Law 114-328, 130 
Stat. 2000 (2016), which created the National Commission on Military, 
National, and Public Service (the ``Commission''). Public Law 114-328, 
Subtitle F, 130 Stat. at 2130. To establish procedures to facilitate 
public interaction with the Commission, the agency is issuing interim 
final regulations under the Privacy Act of 1974.

II. Summary of Interim Final Rule

    The authority for this rulemaking is 5 U.S.C. 552a, the Privacy Act 
of 1974, as amended (the Privacy Act), which requires implementation by 
Federal agencies. This action ensures that the Commission'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 and applicable guidance 
from the Office of Management and Budget (OMB). This rule:
     Establishes rules of conduct for the Commission personnel 
and 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.
     Establishes procedures for inquiring about implementation 
of the Privacy Act of 1974, acquiring access to records, amending or 
correcting an individual's record, and appealing a refusal to amend or 
correct a record.
     Ensures that laws, policies, procedures, and systems for 
protecting individual privacy rights are implemented throughout the 
Commission.

III. Procedural Requirements

Administrative Procedure Act

    This interim final rule parallels the procedures currently used by 
other agencies to implement the Privacy Act. The Commission has 
determined that good cause exists under 5 U.S.C. 553(b) and 5 U.S.C. 
553(d)(3) to waive the notice and comment and delayed effective 
requirements of the Administrative Procedure Act to publish this 
regulation as an interim final rule with a request for comments. The 
Commission is a temporary, independent establishment with statutorily-
defined deadlines and a limited existence. It is the intent of the 
agency to protect private information. In light of this agency's 
limited duration, as set forth in its enabling legislation, and the 
need for timely access, the Commission has decided that full notice and 
comment rulemaking is impracticable and contrary to public policy. 
Additionally, the Commission has determined that full notice and 
comment rulemaking is not necessary as this rule constitutes a rule of 
agency procedure under 5 U.S.C. 553(b). This is because the rule 
generally establishes procedures to facilitate requests under the 
Privacy Act. It does not change the substantive standards by which the 
agency evaluates such requests. Finally, the Commission has determined 
that this interim final rule should be issued without a delayed 
effective date pursuant to 5 U.S.C. 553(d)(3). The 30-day delay in 
effective date typically allows regulated entities time to revise their 
policies in light of a regulation that governs those entities' conduct. 
Here, such a delay is unnecessary because the regulation facilitates 
requests under the Privacy Act.

Executive Orders 12866 and 13771

    This rulemaking is not a significant regulatory action for the 
purposes of Executive Order 12866. Accordingly, a regulatory impact 
analysis is not required. It is also not subject to the requirements 
found in Executive Order 13771.

Unfunded Mandates Reform Act

    Section 202 of the Unfunded Mandates Reform Act of 1995, 2 U.S.C. 
1532, requires agencies to assess anticipated costs and benefits before 
issuing any rule whose mandates require State, local, or tribal 
governments to spend more than $100 million in one year. This rule will 
not mandate any requirements for State, local or tribal governments, 
nor will it affect private sector costs.

Regulatory Flexibility Act

    The Commission certifies this interim rule is not subject to the 
Regulatory Flexibility Act, 5 U.S.C. 601 et seq., because it will not 
have a significant economic impact on a substantial number of small 
entities.

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. 3501 et seq.

List of Subjects in 1 CFR Part 426

    Administrative practice and procedure, Privacy, Reporting and 
recordkeeping requirements.

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0
Therefore, for reasons discussed in the preamble, the National 
Commission on Military, National, and Public Service amends title 1, 
chapter IV of the Code of Federal Regulations by adding part 426 to 
read as follows:

PART 426--NATIONAL COMMISSION ON MILITARY, NATIONAL, AND PUBLIC 
SERVICE

Subpart A--Implementation of the Privacy Act of 1974
Sec.
426.101 Purpose and scope.
426.102 Definitions.
426.103 Inquiries about systems of records or implementation of the 
Privacy Act.
426.104 Procedures for accessing records pertaining to an 
individual.
426.105 Identification required when requesting access to records 
pertaining to an individual.
426.106 Procedures for amending or correcting an individual's 
record.
426.107 Procedures for appealing a refusal to amend or correct a 
record.
426.108 Fees charged to locate, review, or copy records.
426.109 Procedures for maintaining accounts of disclosures.
Subpart B--Reserved]

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

Subpart A--Implementation of the Privacy Act of 1974


Sec.  426.101  Purpose and scope.

    The regulations in this part set forth the Commission's procedures 
under the Privacy Act, as required by 5 U.S.C. 552a(f), with respect to 
systems of records maintained by the Commission. The rules in this part 
apply to all records maintained by the Commission 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 a Commission 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.  426.102  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:
    Business day means a calendar day, excluding Saturdays, Sundays, 
and legal public holidays.
    Chair means the Chair of the Commission, or his or her designee;
    Commission means the National Commission on Military, National, and 
Public Service;
    Commission system means a system of records maintained by the 
Commission;
    General Counsel means the General Counsel of the Commission, 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);
    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.  426.103  Inquiries about systems of records or implementation of 
the Privacy Act.

    Inquiries about the Commission's systems of records or 
implementation of the Privacy Act should be sent to the following 
address: National Commission on Military, National, and Public Service, 
Office of the General Counsel, 2530 Crystal Drive, Suite 1000, Box No. 
63, Arlington, VA 22202.


Sec.  426.104  Procedures for accessing records pertaining to an 
individual.

    The following procedures apply to records that are contained in a 
Commission 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.  
[thinsp]426.103). You also may call the Office of the General Counsel 
at 703-571-3742 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 Commission 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 subpart B of this 
part.
    (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.  [thinsp]426.105 are satisfied and 
the records are determined otherwise to be releasable under the Privacy 
Act and these regulations. The Commission 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.  [thinsp]426.108.
    (c) The Commission 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. The 
Commission 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. The Commission 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 the Commission, access to 
such records might have an adverse effect upon you. When such a 
determination has been made, the Commission may refuse to disclose such 
information directly to you. The Commission 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.  
[thinsp]426.107(a).


Sec.  426.105  Identification required when requesting access to 
records pertaining to an individual.

    The Commission will require reasonable identification of all 
individuals who request access to records in a Commission 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 
Commission systems that contain particularly sensitive and/or detailed 
personal information, the Commission 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

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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, the Commission 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.  426.106  Procedures for amending or correcting an individual's 
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.  426.103).
    (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 Commission 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) The Commission 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 Commission's 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.  
426.107.
    (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.  426.107  Procedures for appealing a refusal to amend or correct a 
record.

    (a) You may appeal a refusal to amend or correct a record to the 
Chair of the Commission. 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.  426.103), should indicate that it is an 
appeal, and should include the basis for the appeal.
    (b) The Chair 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 Chair shall render his or her decision on your appeal 
within 30 business days of its receipt by the Commission, unless the 
Chair, for good cause shown, extends the 30-day period. Should the 
Chair extend the appeal period, you will be informed in writing of the 
extension and the circumstances of the delay.
    (d) If the Chair 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 the Commission a concise statement 
setting forth the reasons for your disagreement as to the disputed 
record. Under the procedures set forth in paragraph (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 Chair's determination 
under 5 U.S.C. 552a(g)(1).
    (f) Whenever you submit a statement of disagreement to the 
Commission 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 the Commission deems it appropriate, a 
concise statement of the Chair's reasons for denying your appeal also 
may be disclosed with the record. While you will have access to this 
statement of the Chair'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 Chair's reasons for 
denying your appeal deemed appropriate.


Sec.  426.108  Fees charged to locate, review, or copy records.

    (a) The Commission will charge no fees for search time or for any 
other time expended by the Commission to review a record. However, the 
Commission 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 $0.12 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.
    (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 market rate.
    (d) You may request that a copying fee not be charged or, 
alternatively, be reduced, by submitting a written petition to the 
Commission's General Counsel (see Sec.  426.103) asserting that you are 
indigent. If the General Counsel determines, based on the petition, 
that you are indigent and that the Commission's resources permit a 
waiver of all or part of the fee, the General

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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.


Sec.  426.109  Procedures for maintaining accounts of disclosures.

    (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 the 
Commission's 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) The Commission will retain the accounting of each disclosure 
for at least five years after the disclosure or for the life of the 
record that was disclosed.
    (c) The Commission 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.  426.104. This paragraph (c) does not apply to disclosures made 
for law enforcement purposes under 5 U.S.C. 552a(b)(7).

Subpart B--[Reserved]

    Dated: April 20, 2018.
Joseph Heck,
Chairman.
[FR Doc. 2018-09209 Filed 5-1-18; 8:45 am]
BILLING CODE 3610-YE-P