[Privacy Act Issuances (2005)]
[From the U.S. Government Publishing Office, www.gpo.gov]
ASSASSINATION RECORDS REVIEW BOARD
Procedures for all Systems of Records
Notification Procedure
Requests by an individual to determine if any Assassination
Records Review Board system of records contains information about him
or her should be directed to the Privacy Act Officer at the
Assassination Records Review Board, 600 E Street NW., 2nd Floor,
Washington, DC 20530. Requesters will be required to provide their
complete name and a certification indicating that they are the person
they claim to be, to the Privacy Act Officer. To ensure that the
Review Board does not make a wrongful disclosure, the Privacy Act
Officer may, at any time, require additional information verifying
the identity of the requester. Section 1415.15 of the Review Board's
Rules Implementing the Privacy Act, printed elsewhere in today's
Federal Register, establishes procedures for systems of records
notification.
Record Access Procedure
The record access procedure is the same as the notification
procedure, except that an individual must present to the Privacy Act
Officer an official photo identification, such as a driver's license,
passport, or Government identification, before viewing records.
Sections 1415.20 and 1415.25 of the Review Board's Rules Implementing
the Privacy Act, printed elsewhere in today's Federal Register,
establishes procedures for accessing Privacy Act records.
Contesting Record Procedure
An individual may request amendment of those records covered by
the Privacy Act that are not accurate, relevant, timely, or complete.
Section 1415.35 of the Review Board's Rules Implementing the Privacy
Act, printed elsewhere in today's Federal Register, establishes
procedures for requesting amendment of Privacy Act records.
Routine Uses for all Systems of Records
Routine Use for Disclosure to the Department of Justice for Use
in Litigation
To the Department of Justice when: (a) The Review Board, or (b)
any employee of the Review Board in his or her official capacity
where the Department of Justice has agreed to represent the employee,
or (c) the United States Government, is a party to litigation or has
an interest in such litigation, and by careful review, the Review
Board determines that the records are both relevant and necessary to
the litigation and the use of such records by the Department of
Justice is therefore deemed by the Review Board to be for a purpose
that is compatible with the purpose for which the Review Board
collected the records.
Routine Use for Other Disclosures in Litigation
To a court or adjudicative body in a proceeding when: (a) The
Review Board, or (b) any employee of the Review Board in his or her
official capacity, or (c) any employee of the Review Board in his or
her individual capacity where the Review Board has agreed to
represent the employee, or (d) the United States Government, is a
party to litigation or has an interest in litigation, and by careful
review, the Review Board determines that the records are both
relevant and necessary to the litigation and the use of such records
is therefore deemed by the Review Board to be for a purpose that is
compatible with the purpose for which the Review Board collected the
records.
Routine Use for Law Enforcement Purposes
When a record on its face, or in conjunction with other records,
indicates a violation or potential violation of law, whether civil,
criminal, or regulatory in nature, and whether arising by general
statute or particular program statute, or by regulation, rule, or
order issued pursuant thereto, disclosure may be made to the
appropriate agency, whether Federal, foreign, state, local, or
tribal, or other public authority responsible for enforcing,
investigating, or prosecuting such violation or charged with
enforcing or implementing the statute, or rule, regulation, or order
issued pursuant thereto, if the information disclosed is relevant to
any enforcement, regulatory, investigative, or prosecutive
responsibility of the receiving entity.
Routine Use for Disclosure to a Member of Congress at the Request
of a Constituent
To a member of Congress or to a Congressional staff member in
response to an inquiry of the Congressional office made at the
written request of the constituent about whom the record is
maintained.
Routine Use for Disclosure to NARA
Records from systems of records may be disclosed to the National
Archives and Records Administration or to the General Services
Administration for records management inspections conducted under 44
U.S.C. 2904 and 2906.
Routine Use for Disclosure to Contractors Under Section (m)
To Review Board contractors, grantees, experts, consultants, or
volunteers who the Review Board engages to assist in the performance
of a service related to a particular system of records and who need
to have access to the records in order to perform the activity.
Recipients shall be required to comply with the requirements of the
Privacy Act of 1974, as amended, pursuant to 5 U.S.C. 552a(m).
Routine Use for Disclosure to HHS Parent Locator System for
Finding Parents Who Do Not Pay Child Support
The name and current address of record of an individual may be
disclosed from certain systems of records to the parent locator
service of the Department of HHS or authorized persons defined by
Pub. L. 93-647. 42 U.S.C. 653.
Routine Use for Use in Employment, Clearances, Licensing,
Contract, Grant, or Other Benefits Decisions by the Review Board
Disclosure may be made to Federal, state, local, or foreign
agency maintaining civil, criminal, or other relevant enforcement
records, or other pertinent records, or to another public authority
or professional organization, if necessary to obtain information
relevant to an investigation concerning the retention of an employee
or other personnel action (other than hiring), the retention of a
security clearance, the letting of a contract, or the issuance or
retention of a grant, or other benefit.
Routine Use in Employment, Clearances, Licensing, Contract,
Grant, or Other Benefit Decisions by Other Than the Review Board
Disclosure may be made to a Federal, state, local, foreign, or
tribal or other public authority that certain systems of records
contain information relevant to the retention of an employee, the
retention of a security clearance, the letting of a contract, or the
issuance or retention of a license, grant, or other benefit. The
other agency or licensing organization may then make a request
supported by the written consent of the individual for the entire
record if it so chooses. No disclosure will be made unless the
information has been determined to be sufficiently reliable to
support a referral to another office within the agency or to another
Federal agency for criminal, civil, administrative, personnel, or
regulatory action.
SYSTEMS OF RECORDS
ARRB-1
System name:
Address Book on Notes (ARRB-1).
Security classification:
None.
System location:
Assassination Records Review Board, 600 E Street NW., 2nd Floor,
Washington, DC 20530.
Categories of individuals covered by system:
Assassination Records Review Board members and staff.
Categories of records in the system:
This system of records contains electronic mail addresses of
Assassination Records Review Board members and staff.
Authority for maintenance of the system:
44 U.S.C. 2107.8.
Purpose(s):
The purpose of this system is to list the electronic mail
addresses of Review Board members and staff to facilitate
communication among agency employees.
Routine uses of records maintained in the system, including
categories of users and the purposes of such uses:
All routine uses for this system of records are located at the
beginning of this notice.
Disclosure to ccnsumer reporting agencies:
None.
Policies and practices for storing, retrieving, accessing,
retaining, and disposing of records in the system:
Storage:
Computer database.
Retrievability:
By name of Assassination Records Review Board member or staff.
Safeguards:
This system of records is located on a computer system within the
headquarters offices of the Assassination Records Review Board. The
offices are located in a secure Federal building, with Department of
Justice guards at all entrances. Within the building, the offices are
always locked. Review Board members and staff have encoded cards that
allow entry into the offices. Visitors must be accompanied at all
times by a Review Board member or staff member. All Review Board
members and staff have received security clearances at the top secret
level. Only Review Board members and staff have access to Review
Board computers where this particular system of records is stored.
Each individual who accesses Review Board computers has two passwords
that he or she defines and must use each time he or she logs into a
Review Board computer.
Retention and disposal:
Review Board records will be retained pursuant to the provisions
of The President John F. Kennedy Assassination Records Collection Act
of 1992, 44 U.S.C. 2107 (1992). Congress has determined that all
Review Board records are permanently valuable and will be retained
for inclusion in the JFK Collection at the National Archives.
System manager(s) and address:
David Marwell, Executive Director, Assassination Records Review
Board, 600 E Street NW., Washington, DC 20530.
Notification procedure:
The notification procedure for all systems of records is detailed
at the beginning of this Notice.
Record access procedures:
The record access procedures for all systems of records is
detailed at the beginning of this Notice.
Contesting record procedures:
The contesting record procedures for all systems of records is
detailed at the beginning of this Notice.
Record source categories:
Review Board Members and Staff.
Exemptions claimed for the system:
No exemptions.
ARRB-2
System name:
Agency Contacts (ARRB-2).
Security classification:
None.
System location:
Assassination Records Review Board, 600 E Street NW., 2nd Floor,
Washington, DC 20530.
Categories of individuals covered by system:
Staff members of various Federal Government agencies with whom
the Assassination Records Review Board has had contact.
Categories of records in the system:
This system contains information regarding Review Board contacts
with employees of other Federal agencies. Information maintained on
individuals in this database may include: Individual's name,
organization, title, official duties, business address, business
phone number, business electronic mail address, and business fax
number.
Authority for maintenance of the system:
44 U.S.C. 2107.7 (i) and (j)
Purpose(s):
The purpose of this system is to track Review Board contacts with
current employees of other Federal agencies who are acting in their
official capacities. In most cases, Review Board staff members
contact other Federal agencies in search of assassination records
other agencies may have. Review Board staff members also contact
employees of other Federal agencies with questions about
administration of the agency.
Routine uses of records maintained in the system, including
categories of users and the purposes of such uses:
All routine uses for this system of records are located at the
beginning of this notice.
Disclosure to consumer reporting agencies:
None.
Policies and practices for storing, retrieving, accessing,
retaining, and disposing of records in the system:
Storage:
Computer database.
Retrievability:
Full text indexed on computer. Can search by any text.
Safeguards:
This system of records is located on a computer system within the
headquarters offices of the Assassination Records Review Board. The
offices are located in a secure Federal building, with Department of
Justice guards at all entrances. Within the building, the offices are
always locked. Review Board members and staff have encoded cards that
allow entry into the offices. Visitors must be accompanied at all
times by a Review Board member or staff member. All Review Board
members and staff have received security clearances at the top secret
level. Only Review Board members and staff have access to Review
Board computers where this particular system of records is stored.
Each individual who accesses Review Board computers has two passwords
that he or she defines and must use each time he or she logs into a
Review Board computer.
Retention and disposal:
Review Board records will be retained pursuant to the provisions
of The President John F. Kennedy Assassination Records Collection Act
of 1992, 44 U.S.C. 2107 (1992). Congress has determined that all
Review Board records are permanently valuable and will be retained
for inclusion in the JFK Collection at the National Archives.
System manager(s) and address:
David Marwell, Executive Director, Assassination Records Review
Board, 600 E Street NW., Washington, DC 20530.
Notification procedure:
The notification procedure for all systems of records is detailed
at the beginning of this Notice.
Record access procedures:
The record access procedures for all systems of records is
detailed at the beginning of this Notice.
Contesting record procedures:
The contesting record procedures for all systems of records is
detailed at the beginning of this Notice.
Record source categories:
Review Board members and staff.
Exemptions claimed for the system:
Yes. Some portions of this system of records are eligible for
exemption under 5 U.S.C. 552a(k)(2).
ARRB-3
System name:
Correspondence (ARRB-3).
Security classification:
None.
System location:
Assassination Records Review Board, 600 E Street NW., 2nd Floor,
Washington, DC 20530.
Categories of individuals covered by system:
Any individual who corresponds with the Assassination Records
Review Board.
Categories of records in the system:
Copies of the letters that individuals send to the Review Board,
and letters that the Review Board sends to individuals. The records
may include names, addresses, telephone numbers, and any other
information individuals provide to the Review Board in
correspondence.
Authority for maintenance of the system:
44 U.S.C. 2107.7 (i) and (j)
Purpose(s):
The purpose of this system is to keep track of the Review Board's
correspondence with individuals who correspond with the Review Board.
Routine uses of records maintained in the system, including
categories of users and the purposes of such uses:
All routine uses for this system of records are located at the
beginning of this notice.
Disclosure to consumer reporting agencies:
None.
Policies and practices for storing, retrieving, accessing,
retaining, and disposing of records in the system:
Storage:
Paper files.
Retrievability:
By name of individual who corresponds with Review Board.
Safeguards:
This system of records is located in a file cabinet within the
headquarters offices of the Assassination Records Review Board. The
offices are located in a secure Federal building, with Department of
Justice guards at all entrances. Within the building, the offices are
always locked. Review Board members and staff have encoded cards that
allow entry into the offices. Visitors must be accompanied at all
times by a Review Board member or staff member. All Review Board
members and staff have received security clearances at the top secret
level.
Retention and disposal:
Review Board will be retained pursuant to the provisions of The
President John F. Kennedy Assassination Records Collection Act of
1992, 44 U.S.C. 2107 (1992). Congress has determined that all Review
Board records are permanently valuable and will be retained for
inclusion in the JFK Collection at the National Archives.
System manager(s) and address:
Thomas Samoluk, Associate Director for Communication,
Assassination Records Review Board, 600 E Street NW., Washington, DC
20530.
Notification procedure:
The notification procedure for all systems of records is detailed
at the beginning of this Notice.
Record access procedures:
The record access procedures for all systems of records is
detailed at the beginning of this Notice.
Contesting record procedures:
The contesting record procedures for all systems of records is
detailed at the beginning of this Notice.
Record source categories:
Individual who writes to the Review Board, and Review Board staff
members who respond to correspondence.
Exemptions claimed for the system:
No exemptions.
ARRB-4
System name:
Employment Applications (ARRB-4).
Security classification:
None.
System location:
Assassination Records Review Board, 600 E Street, NW., 2nd Floor,
Washington, DC 20530.
Categories of individuals covered by system:
Individuals who apply to the Assassination Records Review Board
for employment.
Categories of records in the system:
Resumes, cover letters, references, correspondence to and from
applicants. Individual information may include name, address,
telephone numbers, educational history, work history, and any other
information the applicant provides.
Authority for maintenance of the system:
44 U.S.C. 2107.8
Purpose(s):
The purpose of this system is to maintain a file of the
applications for employment received by the Review Board.
Routine uses of records maintained in the system, including
categories of users and the purposes of such uses:
In addition to the routine uses listed at the beginning of this
Notice, the Review Board may contact references provided by the
applicant for the purpose of verifying information in the application
and in the interview.
Disclosure to consumer reporting agencies:
None.
Policies and practices for storing, retrieving, accessing,
retaining, and disposing of records in the system:
Storage:
Paper files.
Retrievability:
By name of applicant.
Safeguards:
This system of records is located within the headquarters offices
of the Assassination Records Review Board. The offices are located in
a secure Federal building, with Department of Justice guards at all
entrances. Within the building, the offices are always locked. Review
Board members and staff have encoded cards that allow entry into the
offices. Visitors must be accompanied at all times by a Review Board
member or staff member. All Review Board members and staff have
received security clearances at the top secret level.
Retention and disposal:
Review Board records will be retained pursuant to the provisions
of The President John F. Kennedy Assassination Records Collection Act
of 1992, 44 U.S.C. 2107 (1992).
System manager(s) and address:
Tracy Shycoff, Associate Director for Administration,
Assassination Records Review Board, 600 E Street NW., Washington, DC
20530.
Notification procedure:
The notification procedure for all systems of records is detailed
at the beginning of this Notice.
Record access procedures:
The record access procedures for all systems of records is
detailed at the beginning of this Notice.
Contesting record procedures:
The contesting record procedures for all systems of records is
detailed at the beginning of this Notice.
Record source categories:
Information in this system of records is derived, to the greatest
extent possible, from the applicants themselves. In addition,
applicants provide the Review Board with references and Review Board
staff may obtain information from references for the file.
Administrative staff and staff with personnel authority may place
response letters and interview notes in the files.
Exemptions claimed for the system:
Yes. Some portions of this system of records are eligible for
exemption under 5 U.S.C. 552a(k)(5).
ARRB-5
System name:
Freedom of Information Act Requests (ARRB-5).
Security classification:
None.
System location:
Assassination Records Review Board, 600 E Street NW., 2nd Floor,
Washington, DC 20530.
Categories of individuals covered by system:
Individuals who file Freedom of Information Act requests with the
Assassination Records Review Board members and staff.
Categories of records in the system:
Requester letters, agency response letters and enclosures,
requester information (name, address, telephone number, fax number),
information regarding processing of request (expenses incurred, dates
requests are received, and dates requests are due.)
Authority for maintenance of the system:
5 U.S.C. 552, 44 U.S.C. 2107.11(b)
Purpose(s):
The purpose of this system is to keep a record of requests that
the Review Board has received pursuant to the Freedom of Information
Act (FOIA), 5 U.S.C. 552, and the Review Board's responses to those
requests.
Routine uses of records maintained in the system, including
categories of users and the purposes of such uses:
All routine uses for this system of records are located at the
beginning of this notice.
Disclosure to consumer reporting agencies:
None.
Policies and practices for storing, retrieving, accessing,
retaining, and disposing of records in the system:
Storage:
Computer database and paper files.
Retrievability:
By name of FOIA requester.
Safeguards:
This system of records is located within the headquarters offices
of the Assassination Records Review Board. The offices are located in
a secure Federal building, with Department of Justice guards at all
entrances. Within the building, the offices are always locked. Review
Board members and staff have encoded cards that allow entry into the
offices. Visitors must be accompanied at all times by a Review Board
member or staff member. All Review Board members and staff have
received security clearances at the top secret level.
Retention and disposal:
Review Board records will be retained pursuant to the provisions
of The President John F. Kennedy Assassination Records Collection Act
of 1992, 44 U.S.C. 2107 (1992). Congress has determined that all
Review Board records are permanently valuable and will be retained
for inclusion in the JFK Collection at the National Archives.
System manager(s) and address:
Laura Denk, Designated FOIA Officer, Assassination Records Review
Board, 600 E Street NW, Washington, DC 20530.
Notification procedure:
The notification procedure for all systems of records is detailed
at the beginning of this Notice.
Record access procedures:
The record access procedures for all systems of records is
detailed at the beginning of this Notice.
Contesting record procedures:
The contesting record procedures for all systems of records is
detailed at the beginning of this Notice.
Record source categories:
Individual requester, Executive Director of Review Board, Review
Board's Designated FOIA Officer.
Exemptions claimed for the system:
No exemptions.
ARRB-6
System name:
Investigations into Location of Assassination Records (ARRB-6).
Security classification:
None.
System location:
Assassination Records Review Board, 600 E Street NW, 2nd Floor,
Washington, DC 20530.
Categories of individuals covered by system:
Individuals who research events surrounding the assassination,
members of the public, prior Federal employees who worked on
Congressional committees or Presidential commissions that
investigated the assassination, former Federal Government employees
who were possible subjects of assassination investigations, and
individuals who were cooperative witnesses in prior assassination
investigations.
Categories of records in the system:
Records on individuals under investigation may include: Name,
address, date and place of birth, social security number, last known
home address, individual's connection to the assassination of
President Kennedy, names of relatives and/or acquaintances, work
history, and educational history. Other records in the system
include: Correspondence, call reports, interview reports,
investigative notes, requests to Financial Crimes Enforcement Network
for information and responses, requests to National Personnel Records
Centers for information and responses.
Authority for maintenance of the system:
44 U.S.C. 2107.7(j)
Purpose(s):
The purpose of this system is to investigate where assassination
records may be located. This purpose is accomplished by contacting
members of the public, prior Federal employees who worked on
committees and commissions that investigated the assassination or who
were possible subjects of assassination investigations, individuals
who acted as witnesses in prior assassination investigations, and
individuals who research events or topics relevant to the
assassination.
Routine uses of records maintained in the system, including
categories of users and the purposes of such uses:
All routine uses for this system of records are located at the
beginning of this notice.
Disclosure to consumer reporting agencies:
None.
Policies and practices for storing, retrieving, accessing,
retaining, and disposing of records in the system:
Storage:
Computer databases and paper files.
Retrievability:
Computer database: Full text is indexed on computer. Can search
by any text. Paper files: By subject of investigation.
Safeguards:
This system of records is located within the headquarters offices
of the Assassination Records Review Board. The offices are located in
a secure Federal building, with Department of Justice guards at all
entrances. Within the building, the offices are always locked. Review
Board members and staff have encoded cards that allow entry into the
offices. Visitors must be accompanied at all times by a Review Board
member or staff member. All Review Board members and staff have
received security clearances at the top secret level. Only Review
Board members and staff have access to Review Board computers where
parts of this particular system of records are stored. Each
individual who accesses Review Board computers has two passwords that
he or she defines and must use each time he or she logs into a Review
Board computer.
Retention and disposal:
Review Board records will be retained pursuant to the provisions
of The President John F. Kennedy Assassination Records Collection Act
of 1992, 44 U.S.C. 2107 (1992). Congress has determined that all
Review Board records are permanently valuable and will be retained
for inclusion in the JFK Collection at the National Archives.
System manager(s) and address:
David Montague, Investigator, Assassination Records Review Board,
600 E Street NW, Washington, DC 20530.
Notification procedure:
The notification procedure for all systems of records is detailed
at the beginning of this Notice.
Record access procedures:
The record access procedures for all systems of records is
detailed at the beginning of this Notice.
Contesting record procedures:
The contesting record procedures for all systems of records is
detailed at the beginning of this Notice.
Record source categories:
Individuals who provide information in response to investigative
telephone calls, correspondence, and interviews. Review Board members
and staff. Financial Crimes Enforcement Network printouts. National
Personnel Records Center.
Exemptions claimed for the system:
Yes. Some portions of this system of records are eligible for
exemption from 5 U.S.C. 552a(k)(2).
ARRB-7
System name:
Mailing List (ARRB-7).
Security classification:
None.
System location:
Assassination Records Review Board, 600 E Street NW, 2nd Floor,
Washington, DC 20530.
Categories of individuals covered by system:
Names and mailing addresses of individuals who have either asked
to receive public mailings or who have written to the Review Board
inquiring about general information.
Categories of records in the system:
Individual names and addresses of individuals.
Authority for maintenance of the system:
44 U.S.C. 2107.7(j)
Purpose(s):
The purpose of this system is to have a central list of names and
addresses of individuals who have asked the Review Board to place
their names and addresses on the Review Board's mailing list. These
individuals receive all press releases and notices that the Review
Board prints in the Federal Register.
Routine uses of records maintained in the system, including
categories of users and the purposes of such uses:
All routine uses for this system of records are located at the
beginning of this notice.
Disclosure to consumer reporting agencies:
None.
Policies and practices for storing, retrieving, accessing,
retaining, and disposing of records in the system:
Storage:
Computer database.
Retrievability:
By name of person on the mailing list.
Safeguards:
This system of records is located on a computer system within the
headquarters offices of the Assassination Records Review Board. The
offices are located in a secure Federal building, with Department of
Justice guards at all entrances. Within the building, the offices are
always locked. Review Board members and staff have encoded cards that
allow entry into the offices. Visitors must be accompanied at all
times by a Review Board member or staff member. All Review Board
members and staff have received security clearances at the top secret
level. Only Review Board members and staff have access to Review
Board computers where this particular system of records is stored.
Each individual who accesses Review Board computers has two passwords
that he or she defines and must use each time he or she logs into a
Review Board computer.
Retention and disposal:
Review Board records will be retained pursuant to the provisions
of The President John F. Kennedy Assassination Records Collection Act
of 1992, 44 U.S.C. 2107 (1992). Congress has determined that all
Review Board records are permanently valuable and will be retained
for inclusion in the JFK Collection at the National Archives.
System manager(s) and address:
Thomas Samoluk, Associate Director for Communication,
Assassination Records Review Board, 600 E Street NW., Washington, DC
20530.
Notification procedure:
The notification procedure for all systems of records is detailed
at the beginning of this Notice.
Record access procedures:
The record access procedures for all systems of records is
detailed at the beginning of this Notice.
Contesting record procedures:
The contesting record procedures for all systems of records is
detailed at the beginning of this Notice.
Record source categories:
Individuals who write the Review Board and request that they be
placed on the mailing lists. Review Board staff members.
Exemptions claimed for the system:
No exemptions.
ARRB-8
System name:
Personal Security Files (ARRB-8).
Security classification:
Top Secret.
System location:
Assassination Records Review Board, 600 E Street NW., 2nd Floor,
Washington, DC 20530.
Categories of individuals covered by system:
Current, former, and pending Assassination Records Review Board
staff who have applied for security clearances.
Categories of records in the system:
All information the individual supplied for his or her security
investigation, including names, current and former addresses, social
security number, work history, educational history, names of
relatives and acquaintances and references. Results of background
investigation. Some staff members were previously employees of other
Government agencies and background information in their files may
include information from SF-85 forms they completed for a previous
job. Fingerprint cards. Letters of adjudication. Privacy Act waivers
signed by staff. Records of the individual's security education.
Records of any security infractions by the individual.
Authority for maintenance of the system:
44 U.S.C. 2107.7(c), 2107.8, 5 U.S.C. 732, and Executive Order
10450.
Purpose(s):
The purpose of this system is for the Review Board's security
officer to have enough information about Review Board staff members
to adjudicate whether staff members are eligible for national
security positions.
Routine uses of records maintained in the system, including
categories of users and the purposes of such uses:
In addition to the routine uses listed at the beginning of this
notice, the Review Board's Security Officer and Deputy Security
Officer disclose information from this system of records to security
officers at the Department of Justice who aid the Review Board in
making determinations about eligibility for security clearances.
The Review Board may disclose a staff member's name and security
clearance level to another Federal agency when a member of the staff
needs to review another agency's classified material under the JFK
Act.
Certain assassination records are classified at the Special
Compartmented Information (SCI) level and some Review Board staff
members will require SCI clearances to review these types of records.
Because the Review Board does not have authority to grant such
clearances, the Review Board may disclose the results of a staff
member's background investigation to the Central Intelligence Agency
(CIA) so that the CIA can adjudicate the staff member's request for a
SCI clearance.
Disclosure to consumer reporting agencies:
None.
Policies and practices for storing, retrieving, accessing,
retaining, and disposing of records in the system:
Storage:
Paper files.
Retrievability:
By name of Assassination Records Review Board staff member.
Safeguards:
This system of records is located within the headquarters offices
of the Assassination Records Review Board. The offices are located in
a secure Federal building, with Department of Justice guards at all
entrances. Within the building, the offices are always locked. Review
Board members and staff have encoded cards that allow entry into the
offices. Visitors must be accompanied at all times by a Review Board
member or staff member. All Review Board members and staff have
received security clearances at the top secret level. Within the
Review Board's offices, records are stored in a GSA approved safe in
a controlled access area.
Retention and disposal:
Review Board records will be retained pursuant to the provisions
of The President John F. Kennedy Assassination Records Collection Act
of 1992, 44 U.S.C. 2107 (1992).
System manager(s) and address:
David Marwell, Executive Director and Security Officer,
Assassination Records Review Board, 600 E Street NW., Washington, DC
20530.
Notification procedure:
The notification procedure for all systems of records is detailed
at the beginning of this Notice.
Record access procedures:
The record access procedures for all systems of records is
detailed at the beginning of this Notice.
Contesting record procedures:
The contesting record procedures for all systems of records is
detailed at the beginning of this Notice.
Record source categories:
Information in this system of records is derived, to the greatest
extent possible, from the applicants themselves. In addition,
applicants provide the Review Board with names of individuals,
organizations, and geographical locations. The background
investigator obtains information from such references for the file.
Exemptions claimed for the system:
Yes. Some portions of this system of records are eligible for
exemption from 5 U.S.C. 552a (k)(1) and (k)(5).
ARRB-9
System name:
Personnel Files (ARRB-9).
Security classification:
None.
System location:
Assassination Records Review Board, 600 E Street NW., 2nd Floor,
Washington, DC 20530.
Categories of individuals covered by system:
Assassination Records Review Board members, current staff, former
staff, and pending staff with active offers of employment from the
Review Board.
Categories of records in the system:
The General Services Administration (GSA) keeps the Official
Personnel Files (OPF) of Review Board members and staff. The Review
Board keeps copies of documents that are in the OPF at GSA, including
copies of SF-171 forms (listing individual's name, address, telephone
numbers, availability, salary requirements, military service, special
skills, accomplishments, awards, names of references, work history,
educational background, social security number, names of family
members who work for the Government, whether individual has ever been
convicted of a felony). In addition, the Review Board keeps staff
resumes (which include much of the same information provided in the
SF-171), names of references, interview notes, benefits information,
employee evaluations, letters to applicants extending offers of
employment, and personnel actions.
Authority for maintenance of the system:
44 U.S.C. 2107.8
Purpose(s):
The purpose of this system is to allow the Review Board to keep
effective hiring decisions.
Routine uses of records maintained in the system, including
categories of users and the purposes of such uses:
All routine uses for this system of records are located at the
beginning of this notice.
The names, social security numbers, home addresses, dates of
birth, dates of hire, quarterly earnings, employer identifying
information, and State of hire of employees may be disclosed to the
Office of Child Support Enforcement, Administration for Children and
Families, Department of Health and Human Services for the purpose of
locating individuals to establish paternity, establishing and
modifying orders of child support, identifying sources of income, and
for other child support enforcement actions as required by the
Personal Responsibility and Work Opportunity Reconciliation Act, Pub.
L. 104-109.
Disclosure to consumer reporting agencies:
None.
Policies and practices for storing, retrieving, accessing,
retaining, and disposing of records in the system:
Storage:
Paper files.
Retrievability:
By name of Assassination Records Review Board member or staff.
Safeguards:
This system of records is located within the headquarters offices
of the Assassination Records Review Board. The offices are located in
a secure Federal building, with Department of Justice guards at all
entrances. Within the building, the offices are always locked. Review
Board members and staff have encoded cards that allow entry into the
offices. Visitors must be accompanied at all times by a Review Board
member or staff member. All Review Board members and staff have
received security clearances at the top secret level. Records are
stored in locked file cabinets in a controlled access area.
Retention and disposal:
Review Board records will be retained pursuant to the provisions
of The President John F. Kennedy Assassination Records Collection Act
of 1992, 44 U.S.C. 2107 (1992).
System manager(s) and address:
Tracy Shycoff, Associate Director for Administration,
Assassination Records Review Board, 600 E Street NW., Washington, DC
20530.
Notification procedure:
The notification procedure for all systems of records is detailed
at the beginning of this Notice.
Record access procedures:
The record access procedures for all systems of records is
detailed at the beginning of this Notice.
Contesting record procedures:
The contesting record procedures for all systems of records is
detailed at the beginning of this Notice.
Record source categories:
To the greatest extent possible, records in this system are
derived from information that the individual provides to the Review
Board. Other sources of information include individual's supervisor,
persons who act as references for individual, and administrative
staff.
Exemptions claimed for the system:
No exemptions.
ARRB-10
System name:
Public Contacts (ARRB-10).
Security classification:
None.
System location:
Assassination Records Review Board, 600 E Street, NW., 2nd Floor,
Washington, DC 20530.
Categories of individuals covered by system:
Members of the general public with whom the Assassination Records
Review Board has established contact. Members of the public who
worked on Presidential commissions or Congressional committees that
investigated the assassination.
Categories of records in the system:
Individual's name, organization, title, address, telephone, fax
number.
Authority for maintenance of the system:
44 U.S.C. 2107.7(j)
Purpose(s):
The purpose of this system is to track Review Board contacts with
individuals who are not current employees of other Federal agencies
acting in their official capacities. (Contacts with current Federal
employees who are acting in their official capacities will appear in
the Agency Contacts system of records.) In most cases, Review Board
staff members contact such individuals in search of assassination
records or information about assassination records.
Routine uses of records maintained in the system, including
categories of users and the purposes of such uses:
All routine uses for this system of records are located at the
beginning of this notice.
Disclosure to consumer reporting agencies:
None.
Policies and practices for storing, retrieving, accessing,
retaining, and disposing of records in the system:
Storage:
Computer database.
Retrievability:
By name of the subject individual.
Safeguards:
This system of records is located on a computer system within the
headquarters offices of the Assassination Records Review Board. The
offices are located in a secure Federal building, with Department of
Justice guards at all entrances. Within the building, the offices are
always locked. Review Board members and staff have encoded cards that
allow entry into the offices. Visitors must be accompanied at all
times by a Review Board member or staff member. All Review Board
members and staff have received security clearances at the top secret
level. Only Review Board members and staff have access to Review
Board computers where this particular system of records is stored.
Each individual who accesses Review Board computers has two passwords
that he or she defines and must use each time he or she logs into a
Review Board computer.
Retention and disposal:
Review Board records will be retained pursuant to the provisions
of The President John F. Kennedy Assassination Records Collection Act
of 1992, 44 U.S.C. 2107 (1992). Congress has determined that all
Review Board records are permanently valuable and will be retained
for inclusion in the JFK Collection at the National Archives.
System manager(s) and address:
Thomas Samoluk, Associate Director for Communication,
Assassination Records Review Board, 600 E Street NW., Washington, DC
20530.
Notification procedure:
The notification procedure for all systems of records is detailed
at the beginning of this Notice.
Record access procedures:
The record access procedures for all systems of records is
detailed at the beginning of this Notice.
Contesting record procedures:
The contesting record procedures for all systems of records is
detailed at the beginning of this Notice.
Record source categories:
Review Board staff members.
Exemptions claimed for the system:
Yes. Some portions of this system of records are eligible for
exemption under 5 U.S.C. 552a(k)(2).
ARRB-11
System name:
Record Identification Form Databases (ARRB-11).
Security classification:
None.
System location:
Assassination Records Review Board, 600 E Street NW., 2nd Floor,
Washington, DC 20530.
Categories of individuals covered by system:
Individuals listed on record identification forms.
Categories of records in the system:
Record Identification Forms list, in relevant part, the names of
individuals who are mentioned in the particular Government record
that is the subject of the Record Identification Form.
Authority for maintenance of the system:
44 U.S.C. 2107.9 and 2107.7 (i) and (j)
Purpose(s):
The JFK Act requires that each assassination record be
accompanied by an electronic identification aid. The National
Archives designed the form for these record identification forms, and
the Review Board uses these forms regularly in keeping track of
assassination records that have been, are being, or need to be
processed. The forms have two sections that often contain the names
of individuals--the ``to/from'' section that identifies the author
and the addressee of the assassination record and the ``subjects''
section that identifies the subject matter of the document.
Generally, the name is the only personal information that appears on
the form, so the effects on the privacy of individuals is minimal.
The JFK Act, 44 U.S.C. 2107.9 and 2107.7 (i) and (j), provides
authority for maintenance of this system. The documents in this
system are generated, in large part, by other Federal agencies and
each document in the system refers to a record that originated in
another Federal agency.
Routine uses of records maintained in the system, including
categories of users and the purposes of such uses:
All routine uses for this system of records are located at the
beginning of this notice.
Disclosure to consumer reporting agencies:
None.
Policies and practices for storing, retrieving, accessing,
retaining, and disposing of records in the system:
Storage:
Computer database.
Retrievability:
Full text indexed on computer. Can search by any text.
Safeguards:
This system of records is located on a computer system within the
headquarters offices of the Assassination Records Review Board. The
offices are located in a secure Federal building, with Department of
Justice guards at all entrances. Within the building, the offices are
always locked. Review Board members and staff have encoded cards that
allow entry into the offices. Visitors must be accompanied at all
times by a Review Board member or staff member. All Review Board
members and staff have received security clearances at the top secret
level. Only Review Board members and staff have access to Review
Board computers where this particular system of records is stored.
Each individual who accesses Review Board computers has two passwords
that he or she defines and must use each time he or she logs into a
Review Board computer.
Retention and disposal:
Review Board records will be retained pursuant to the provisions
of The President John F. Kennedy Assassination Records Collection Act
of 1992, 44 U.S.C. 2107 (1992). Congress has determined that all
Review Board records are permanently valuable and will be retained
for inclusion in the JFK Collection at the National Archives.
System manager(s) and address:
David Marwell, Executive Director, Assassination Records Review
Board, 600 E Street NW, Washington, DC 20530.
Notification procedure:
The notification procedure for all systems of records is detailed
at the beginning of this Notice.
Record access procedures:
The record access procedures for all systems of records is
detailed at the beginning of this Notice.
Contesting record procedures:
The contesting record procedures for all systems of records is
detailed at the beginning of this Notice.
Record source categories:
The JFK Act requires that all agencies with assassination records
process those records under the JFK Act and create a ``record
identification form'' that identifies the record. The agency sends
its electronic version of the record identification forms to the
Review Board. The information in the record identification forms
originates with the agency that created the form.
Exemptions claimed for the system:
No exemptions.
ARRB-12
System name:
Research and Analysis Research Aids (ARRB-12).
Security classification:
None.
System location:
Assassination Records Review Board, 600 E Street NW, 2nd Floor,
Washington, DC 20530.
Categories of individuals covered by system:
Individuals relevant to the assassination.
Categories of records in the system:
Name of individual, information connection the individual to
events surrounding the assassination of President Kennedy.
Authority for maintenance of the system:
44 U.S.C. 2107.7 (i) and (j)
Purpose(s):
The Review Board staff is divided into several units, one of
which is the Research and Analysis unit. Analysts in this unit,
together with the Associate Director of Research and Analysis,
develop research aids to assist in identifying individuals and events
connected to the assassination.
Routine uses of records maintained in the system, including
categories of users and the purposes of such uses:
All routine uses for this system of records are located at the
beginning of this notice.
Disclosure to consumer reporting agencies:
None.
Policies and practices for storing, retrieving, accessing,
retaining, and disposing of records in the system:
Storage:
Computer document.
Retrievability:
Documents are on word processor. Can search documents for any
text.
Safeguards:
This system of records is located on a computer system within the
headquarters offices of the Assassination Records Review Board. The
offices are located in a secure Federal building, with Department of
Justice guards at all entrances. Within the building, the offices are
always locked. Review Board members and staff have encoded cards that
allow entry into the offices. Visitors must be accompanied at all
times by a Review Board member or staff member. All Review Board
members and staff have received security clearances at the top secret
level. Only Review Board members and staff have access to Review
Board computers where this particular system of records is stored.
Each individual who accesses Review Board computers has two passwords
that he or she defines and must use each time he or she logs into a
Review Board computer.
Retention and disposal:
Review Board records will be retained pursuant to the provisions
of The President John F. Kennedy Assassination Records Collection Act
of 1992, 44 U.S.C. 2107 (1992). Congress has determined that all
Review Board records are permanently valuable and will be retained
for inclusion in the JFK Collection at the National Archives.
System manager(s) and address:
T. Jeremy Gunn, Associate Director for Research and Analysis,
Assassination Records Review Board, 600 E Street NW, Washington, DC
20530.
Notification procedure:
The notification procedure for all systems of records is detailed
at the beginning of this Notice.
Record access procedures:
The record access procedures for all systems of records is
detailed at the beginning of this Notice.
Contesting record procedures:
The contesting record procedures for all systems of records is
detailed at the beginning of this Notice.
Record source categories:
Review Board members and staff, secondary source material
concerning the assassination, including articles, books, computer
databases, and unclassified Government documents.
Exemptions claimed for the system:
No exemptions.
AARB-13
System name:
Subject File (ARRB-13).
Security classification:
Top Secret.
System location:
Assassination Records Review Board, 600 E Street NW, 2nd Floor,
Washington, DC 20530.
Categories of individuals covered by system:
Individuals who are relevant to the assassination.
Categories of records in the system:
Names, titles, organizations, current and/or former business and/
or home addresses, current and/or former business and/or home
telephone numbers, current and/or former business and/or home fax
numbers, work history, educational history, and connection to events
surrounding the assassination.
Authority for maintenance of the system:
44 U.S.C. 2107.7 (i) and (j)
Purpose(s):
In order to locate as many assassination records as possible,
staff members on the Review Board must have a full understanding of
events connected to the assassination. The Research and Analysis unit
of the Review Board staff maintains this system of records to hold
information on a variety of assassination-related subjects, such as
``Oswald in Mexico City,'' ``Zapruder Film,'' and ``Jack Ruby.''
Routine uses of records maintained in the system, including
categories of users and the purposes of such uses:
All routine uses for this system of records are located at the
beginning of this notice.
Disclosure to consumer reporting agencies:
None.
Policies and practices for storing, retrieving, accessing,
retaining, and disposing of records in the system:
Storage:
Paper files.
Retrievability:
By name of subject. Subject may be an individual.
Safeguards:
This system of records is located within the headquarters offices
of the Assassination Records Review Board. The offices are located in
a secure Federal building, with Department of Justice guards at all
entrances. Within the building, the offices are always locked. Review
Board members and staff have encoded cards that allow entry into the
offices. Visitors must be accompanied at all times by a Review Board
member or staff member. All Review Board members and staff have
received security clearances at the top secret level.
Retention and disposal:
Review Board records will be retained pursuant to the provisions
of The President John F. Kennedy Assassination Records Collection Act
of 1992, 44 U.S.C. 2107 (1992). Congress has determined that all
Review Board records are permanently valuable and will be retained
for inclusion in the JFK Collection at the National Archives.
System manager(s) and address:
T. Jeremy Gunn, Associate Director for Research and Analysis,
Assassination Records Review Board, 600 E Street NW, 2nd Floor,
Washington, DC 20530.
Notification procedure:
The notification procedure for all systems of records is detailed
at the beginning of this Notice.
Record access procedures:
The record access procedures for all systems of records is
detailed at the beginning of this Notice.
Contesting record procedures:
The contesting record procedures for all systems of records is
detailed at the beginning of this Notice.
Record source categories:
Secondary source materials, including articles, books, computer
databases, and unclassified Government records.
Exemptions claimed for the system:
Yes. Some portions of this system of records are eligible for
exemption under 5 U.S.C. 552a (k)(1) and (k)(2).
ARRB-14
System name:
Time and Attendance Files (ARRB-14).
Security classification:
None.
System location:
Assassination Records Review Board, 600 E Street NW, 2nd Floor,
Washington, DC 20530.
Categories of individuals covered by system:
Current and former Assassination Records Review Board members and
staff.
Categories of records in the system:
Individual's name, social security number, and time and
attendance records.
Authority for maintenance of the system:
44 U.S.C. 2107.8
Purpose(s):
The purpose of this system of records is to keep track of Review
Board staff members' time and attendance at work in order to
administer payroll, annual leave, and sick leave policies.
Routine uses of records maintained in the system, including
categories of users and the purposes of such uses:
In addition to the routine uses listed at the beginning of this
Notice, the Associate Director for Administration routinely discloses
information from this system to the General Services Administration.
The names, social security numbers, home addresses, dates of
birth, dates of hire, quarterly earnings, employer identifying
information, and State of hire of employees may be disclosed to the
Office of Child Support Enforcement, Administration for Children and
Families, Department of Health and Human Services for the purpose of
locating individuals to establish paternity, establishing and
modifying orders of child support, identifying sources of income, and
for other child support enforcement actions as required by the
Personal Responsibility and Work Opportunity Reconciliation Act, Pub.
L. 104-109.
Disclosure to consumer reporting agencies:
None.
Policies and practices for storing, retrieving, accessing,
retaining, and disposing of records in the system:
Storage:
Paper files.
Retrievability:
By name of Assassination Records Review Board member or staff.
Safeguards:
This system of records is located within the headquarters offices
of the Assassination Records Review Board. The offices are located in
a secure Federal building, with Department of Justice guards at all
entrances. Within the building, the offices are always locked. Review
Board members and staff have encoded cards that allow entry into the
offices. Visitors must be accompanied at all times by a Review Board
member or staff member. All Review Board members and staff have
received security clearances at the top secret level. Records are
stored in a locked file cabinet in a controlled access area.
Retention and disposal:
Review Board records will be retained pursuant to the provisions
of The President John F. Kennedy Assassination Records Collection Act
of 1992, 44 U.S.C. 2107 (1992).
System manager(s) and address:
Tracy Shycoff, Associate Director for Administration,
Assassination Records Review Board, 600 E Street NW, Washington, DC
20530.
Notification procedure:
The notification procedure for all systems of records is detailed
at the beginning of this Notice.
Record access procedures:
The record access procedures for all systems of records is
detailed at the beginning of this Notice.
Contesting record procedures:
The contesting record procedures for all systems of records is
detailed at the beginning of this Notice.
Record source categories:
The Associate Director for Administration fills in the forms in
the system based on leave request forms that individual staff members
complete.
Exemptions claimed for the system:
No exemptions.
ARRB-15
System name:
Travel and Reimbursement Files (ARRB-15).
Security classification:
None.
System location:
Assassination Records Review Board, 600 E Street NW, 2nd Floor,
Washington, DC 20530.
Categories of individuals covered by system:
Assassination Records Review Board members, staff, and invited
speakers.
Categories of records in the system:
Names, addresses, telephone numbers, fax numbers, social security
numbers.
Authority for maintenance of the system:
44 U.S.C. 2107.8
Purpose(s):
The purpose of this system of records is to keep track of Review
Board members', contractors', and staff members' travel plans,
expenses, and reimbursements.
Routine uses of records maintained in the system, including
categories of users and the purposes of such uses:
In addition to the routine uses listed at the beginning of this
notice, the Associate Director for Administration and the Assistant
Associate Director for Administration routinely use this system of
records to arrange and track business travel for Review Board members
and staff. In addition, the Associate Director for Administration and
the Assistant Associate Director for Administration use the system of
records to track expenses of Review Board members and staff and to
reimburse Review Board members and staff for expenses. The Review
Board discloses information from this system of records to travel
agents and travel vendors. In addition, the Review Board discloses
information from this system of records to the General Services
Administration.
Disclosure to consumer reporting agencies:
None.
Policies and practices for storing, retrieving, accessing,
retaining, and disposing of records in the system:
Storage:
Paper files.
Retrievability:
By name of individual traveler or individual who requires
reimbursement.
Safeguards:
This system of records is located within the headquarters offices
of the Assassination Records Review Board. The offices are located in
a secure Federal building, with Department of Justice guards at all
entrances. Within the building, the offices are always locked. Review
Board members and staff have encoded cards that allow entry into the
offices. Visitors must be accompanied at all times by a Review Board
member or staff member. All Review Board members and staff have
received security clearances at the top secret level. Records are
stored in a locked file cabinet in a controlled access area.
Retention and disposal:
Review Board records will be retained pursuant to the provisions
of The President John F. Kennedy Assassination Records Collection Act
of 1992, 44 U.S.C. 2107 (1992). Congress has determined that all
Review Board records are permanently valuable and will be retained
for inclusion in the JFK Collection at the National Archives.
System manager(s) and address:
Tracy Shycoff, Associate Director for Administration,
Assassination Records Review Board, 600 E Street NW, Washington, DC
20530.
Notification procedure:
The notification procedure for all systems of records is detailed
at the beginning of this Notice.
Record access procedures:
The record access procedures for all systems of records is
detailed at the beginning of this Notice.
Contesting record procedures:
The contesting record procedures for all systems of records is
detailed at the beginning of this Notice.
Record source categories:
Review Board members and staff. Travel agents. Travel vendors.
General Services Administration.
Exemptions claimed for the system:
No exemptions.
ASSASSINATION RECORDS REVIEW BOARD
ASSASSINATION RECORDS REVIEW BOARD
36 CFR PART 1415--RULES IMPLEMENTING THE PRIVACY ACT
Sec.
1415.5 Scope.
1415.10 Definitions.
1415.15 Systems of records notification.
1415.20 Requests by individuals for access to their own records.
1415.25 Processing of requests.
1415.30 Appeals from access denials.
1415.35 Requests for amendment of records.
1415.40 Appeals from amendment of denials.
1415.45 Disclosure of records to third parties.
1415.50 Fees.
1415.55 Exemptions.
Authority: 5 U.S.C. 552a; 44 U.S.C. 2107.
Source: 60 FR 64123, Dec. 14, 1995, unless otherwise noted.
Sec. 1415.5 Scope.
This part contains the Review Board's regulations implementing the
Privacy Act of 1974, 5 U.S.C. 552a.
Sec. 1415.10 Definitions.
In addition to the definitions provided in the Privacy Act, the
following terms are defined as follows:
Assassination records, for the purpose of this regulation only, are
records created by Government offices (other than the Review Board),
entities, and individuals that relate to the assassination of President
John F. Kennedy that may, from time to time, come into the temporary
custody of the Review Board but that are not the legal property of the
Review Board.
Executive Director means the principal staff official appointed by the
Review Board pursuant to 44 U.S.C. 2107.8(a).
JFK Act means the President John F. Kennedy Records Collection Act of
1992.
Privacy Act Officer means the person designated by the Executive
Director to administer the Review Board's activities pursuant to the
regulations in this part.
Review Board means the Assassination Records Review Board created
pursuant to 44 U.S.C. 2107.7.
System of records means a group of records that is within the
possession and control of the Review Board and from which information is
retrieved by the name of the individual or by some identifying number,
symbol, or other identifying particular assigned to the individual.
Assassination records, as defined above, are not included in the Review
Board's systems of records.
Sec. 1415.15 Systems of records notification.
Any individual who wishes to know whether a system of records contains
a record pertaining to him or her may file a request in person or in
writing. Written requests should be directed to the Privacy Act Officer,
Assassination Records Review Board, 600 E Street, NW, Washington, DC
20530, and should be clearly marked ``Privacy Act Request.''
Sec. 1415.20 Requests by an individual for access to their own
records.
(a) Requests in writing. An individual may request access to his or
her own records in writing by addressing a letter to the Privacy Act
Officer, Assassination Records Review Board, 600 E Street, NW, 2nd
Floor, Washington, DC 20530. The request should contain the following
information:
(1) Full name, address, and telephone number of requester;
(2) Proof of identification, which should be a copy of one of the
following: Valid driver's license, valid passport, or other current
identification which contains both an address and picture of the
requester;
(3) The system of records in which the desired information is
contained; and
(4) At the requester's option, authorization for expenses (see
Sec. 1415.50 below).
(b) Requests in person. Any individual may examine his or her own
record on the Review Board's premises. To do so, the individual should
call the Review Board's offices at (202) 724-0088 and ask to speak to
the Privacy Act Officer. This call should be made at least two weeks
prior to the time the requester would like to see the records. During
this call, the requester should be prepared to provide the same
information as that listed in paragraph (a) of this section except for
proof of identification.
Sec. 1415.25 Processing of requests.
(a) The Privacy Act Officer will process all requests under both the
Freedom of Information Act and the Privacy Act.
(b) The Privacy Act Officer will respond to the request within ten
working days of its receipt by the Privacy Act Officer. If the Review
Board needs additional time to respond, the Privacy Act Officer will
provide the requester an explanation as to why the Review Board requires
an extension.
(c) Following the initial call from the requester, the Privacy Act
Officer will determine: whether the records identified by the requester
exist, and whether they are subject to any exemption under Sec. 1415.55
below. If the records exist and are not subject to exemption, the
Privacy Act Officer will call the requester and arrange an appointment
at a mutually agreeable time when the records can be examined. At the
appointment, the requester will be asked to present identification as
stated in Sec. 1415.20(a)(2). The requester may be accompanied by one
individual of his or her own choosing, and should state during this call
whether or not a second individual will be present at the appointment.
In the event that a second individual accompanies the requester, the
requester will be asked to provide the Review Board with written consent
to disclose his or her records to the second individual.
(d) If a request is received for information compiled in reasonable
anticipation of a civil action or proceeding, the Privacy Act Officer
will determine whether to disclose the information and will inform the
requester whether this information is subject to release under the
Privacy Act (see 5 U.S.C. 552a(d)(5)).
Sec. 1415.30 Appeals from access denials.
When access to records has been denied in whole or in part by the
Privacy Act Officer, the requester may file an appeal in writing. This
appeal should be directed to the Executive Director, Assassination
Records Review Board, 600 E Street, NW., 2nd Floor, Washington, DC
20530. The appeal letter must specify those denied records that are
still sought and state why the denial by the Privacy Act Officer is
erroneous. The Executive Director or his representative will respond to
such appeals within thirty working days after the appeal letter is
received in the Review Board's offices, unless, for good cause shown,
the Executive Director extends such thirty day period. The appeal
determination will explain the basis for continuing to deny access to
any requested records and will notify the requester of his or her right
to judicial review of the Executive Director's determination.
Sec. 1415.35 Requests for amendment of records.
(a) Amendment requests. Any person is entitled to request amendment of
a record pertaining to him or her. This request must be made in writing
and should be addressed to the Privacy Act Officer, Assassination
Records Review Board, 600 E Street, NW., 2nd Floor, Washington, DC
20530. The letter should clearly identify the amendments desired. An
edited copy will usually be acceptable for this purpose.
(b) Initial response. The Privacy Act Officer will acknowledge the
request for amendment within ten working days of receipt of the request.
The Privacy Act Officer will provide a letter to the requester within
thirty working days stating whether or not the request for amendment has
been granted or denied. The Privacy Act Officer will amend information
that is not accurate, relevant, timely, or complete, unless the record
is excluded or exempt. If the Privacy Act Officer decides to deny any
portion of the amendment request, the reasons for the denial will be
provided to the requester. In addition, the Privacy Act Officer will
inform the requester of his or her right to appeal the Privacy Act
Officer's determination to the Executive Director.
Sec. 1415.40 Appeals from amendment of denials.
(a) When amendment of records has been denied by the Privacy Act
Officer, the requester may file an appeal in writing. This appeal should
be directed to the Executive Director, Assassination Records Review
Board, 600 E Street, NW., 2nd Floor, Washington, DC 20530. The appeal
letter must specify the record subject to the appeal, and state why the
denial of amendment by the Privacy Act Officer is erroneous. The
Executive Director or his representative will respond to such appeals
within thirty working days (subject to extension by the Executive
Director for good cause) after the appeal letter has been received in
the Review Board's offices.
(b) The appeal determination, if adverse to the requester in any
respect, will:
(1) Explain the basis for denying amendment of the specified records;
(2) Inform the requester that he or she may file a concise statement
setting forth reasons for disagreeing with the Executive Director's
determination; and
(3) Inform the requester of his or her right to pursue a judicial
remedy under 5 U.S.C. 552a(g)(1)(A).
Sec. 1415.45 Disclosure of records to third parties.
Records subject to the Privacy Act that are requested by a person
other than the individual to whom they pertain will not be made
available except in the following circumstances:
(a) Release is required under the Freedom of Information Act in
accordance with the Review Board's FOIA regulations, 36 CFR part 1410;
(b) Pursuant to a written request by, or with the prior written
consent of, the individual to whom the record pertains; or
(c) Release is authorized by 5 U.S.C. 552a(b)(1) or (3) through (11).
Sec. 1415.50 Fees.
A fee will not be charged for search or review of requested records,
or for amendment of records. When a request is made for copies of
records, a copying fee will be charged at the same rate established for
FOIA requests. See 36 CFR 1410.35. However, the first 100 pages will be
free of charge.
Sec. 1415.55 Exemptions.
(a) The systems of records entitled ``Personal Security Files'' and
``Subject File'' contain some information specifically authorized under
criteria established by an Executive Order to be kept secret in the
interest of national defense or foreign policy and which is properly
classified pursuant to such Executive Order. Therefore, to the extent
that information in these systems falls within the coverage of exemption
(k)(1) of the Privacy Act, 5 U.S.C. 552a(k)(1), these systems of records
are eligible for exemption from the requirements of the following
subsections of the Privacy Act: subsections (c)(3), (d), (e)(1),
(e)(4)(G), (H) and (I) and (f). Disclosure of information properly
classified pursuant to an Executive Order would jeopardize the national
defense or foreign policy of the United States.
(b) The systems of records entitled ``Agency Contacts,''
``Investigations,'' ``Public Contacts,'' and ``Subject File'' consist,
in part, of investigatory material compiled by the Review Board for law
enforcement purposes other than material within the scope of subsection
(j)(2) of 5 U.S.C. 552a. Provided however, that if any individual is
denied any right, privilege or benefit that he would otherwise be
entitled by Federal law, or for which he would otherwise be eligible, as
a result of the maintenance of such material, such material shall be
provided to such individual, except to the extent that the disclosure of
such material would reveal the identity of a source who furnished
information to the Government under an express promise that the identity
of the source would be held in confidence, or prior to January 1, 1975,
under an implied promise that the identity of the source would be held
in confidence. Therefore, to the extent that information in these
systems falls within the coverage of exemption (k)(2) of the Privacy
Act, 5 U.S.C. 552a(k)(2), these systems of records are eligible for
exemption from the requirements of the following subsections of the
Privacy Act, for the reasons stated below.
(1) From subsection (c)(3) because release of the agency's accounting
of certain disclosures to an individual who is the subject of an
investigation could reveal the nature and scope of the investigation and
could result in the altering or destruction of evidence, improper
influencing of witnesses, and other evasive actions that could impede or
compromise the investigation.
(2) From subsection (d) because release of investigative records to an
individual who is the subject of an investigation could interfere with
pending or prospective law enforcement proceedings, constitute an
unwarranted invasion of the personal privacy of third parties, reveal
the identity of confidential sources, or reveal sensitive investigative
techniques and procedures.
(3) From subsections (d)(2), (3), and (4) because amendment or
correction of investigative records could interfere with pending or
prospective law enforcement proceedings, or could impose an impossible
administrative and investigative burden by requiring the Review Board
continuously to retrograde its investigations attempting to resolve
questions of accuracy, relevance, timeliness, and completeness.
(4) From subsection (e)(1), because it is often impossible to
determine relevance or necessity of information in the early stages of
an investigation. The value of such information is a question of
judgment and timing; what appears relevant and necessary when collected
may ultimately be evaluated and viewed as irrelevant and unnecessary to
an investigation.
(5) From subsection (e)(4)(G) and (H), because the Review Board is
claiming an exemption for subsections (d) (Access to Records) and (f)
(Agency Rules) of the Act, these subsections are inapplicable to the
extent that these systems of records are exempted from subsections (d)
and (f).
(6) From subsection (f) because procedures for notice to an individual
pursuant to subsection (f)(1) as to the existence of records pertaining
to the person dealing with an actual or potential investigation must be
exempted because such notice to an individual would be detrimental to
the successful conduct of a pending or future investigation. In
addition, mere notice of an investigation could inform the subject or
others that their activities either are, or may become, the subject of
an investigation and might enable the subjects to avoid detection or to
destroy assassination records. Since the Review Board is claiming an
exemption for subsection (d) of the Act (Access to Records) the rules
require pursuant to subsection (f)(2) through (5) are inapplicable to
these systems of records to the extent that these systems of records are
exempted from subsection (d).
(c) The systems of records entitled ``Employment Applications'' and
``Personal Security Files'' consist in part of investigatory material
compiled by the Review Board for the purpose of determining suitability,
eligibility, or qualifications for Federal civilian employment or
Federal contracts, the release of which would reveal the identity of a
source who furnished information to the Government under an express
promise that the identity of the source would be held in confidence.
Therefore, to the extent that information in these systems falls within
the coverage of Exemption (k)(5) of the Privacy Act, 5 U.S.C.
552a(k)(5), these systems of records are eligible for exemption from the
requirements of subsection (d)(1), because release would reveal the
identity of a source who furnished information to the Government under
an express promise of confidentiality. Revealing the identity of a
confidential source could impede future cooperation by sources, and
could result in harassment or harm to such sources.