45184 Federal Register / Vol. 62, No. 165 / Tuesday, August 26, 1997 / Proposed Rules

approximately 6 work hours per

helicopter to accomplish the proposed

actions, and that the average labor rate

is $60 per work hour. Required parts

would cost approximately $5,200 per

helicopter. Based on these figures, the

total cost impact of the proposed AD on

U.S. operators is estimated to be

$505,960.

The regulations proposed herein

would not have substantial direct effects

on the States, on the relationship

between the national government and

the States, or on the distribution of

power and responsibilities among the

various levels of government. Therefore,

in accordance with Executive Order

12612, it is determined that this

proposal would not have sufficient

federalism implications to warrant the

preparation of a Federalism Assessment.

For the reasons discussed above, I

certify that this proposed regulation (1)

is not a ‘‘significant regulatory action’’

under Executive Order 12866; (2) is not

a ‘‘significant rule’’ under the DOT

Regulatory Policies and Procedures (44

FR 11034, February 26, 1979); and (3) if

promulgated, will not have a significant

economic impact, positive or negative,

on a substantial number of small entities

under the criteria of the Regulatory

Flexibility Act. A copy of the draft

regulatory evaluation prepared for this

action is contained in the Rules Docket.

A copy of it may be obtained by

contacting the Rules Docket at the

location provided under the caption

ADDRESSES.

List of Subjects in 14 CFR Part 39

Air transportation, Aircraft, Aviation

safety, Safety.

The Proposed Amendment

Accordingly, pursuant to the

authority delegated to me by the

Administrator, the Federal Aviation

Administration proposes to amend part

39 of the Federal Aviation Regulations

(14 CFR part 39) as follows:

PART 39—AIRWORTHINESS

DIRECTIVES

1. The authority citation for part 39

continues to read as follows:

Authority: 49 U.S.C. 106(g), 40113, 44701.

§ 39.13 [Amended]

2. Section 39.13 is amended by

adding a new airworthiness directive to

read as follows:

Eurocopter France: Docket No. 97–SW–09–

AD.

Applicability: Model SA–366G1

helicopters, certificated in any category.

Note 1: This AD applies to each helicopter

identified in the preceding applicability

provision, regardless of whether it has been

modified, altered, or repaired in the area

subject to the requirements of this AD. For

helicopters that have been modified, altered,

or repaired so that the performance of the

requirements of this AD is affected, the

owner/operator must use the authority

provided in paragraph (c) to request approval

from the FAA. This approval may address

either no action, if the current configuration

eliminates the unsafe condition, or different

actions necessary to address the unsafe

condition described in this AD. Such a

request should include an assessment of the

effect of the changed configuration on the

unsafe condition addressed by this AD. In no

case does the presence of any modification,

alteration, or repair remove any helicopter

from the applicability of this AD.

Compliance: Required within the next 100

hours time-in-service or 6 months after the

effective date of this AD, whichever occurs

first, unless accomplished previously.

To prevent vibrations caused by

disbonding of the center section of a

frequency adapter from the elastomer, that

could result in loss of control of the

helicopter, accomplish the following:

(a) Determine the part number, serial

number, and date of manufacture of the main

rotor head frequency adapter (frequency

adapter).

(b) After making the determination in

paragraph (a) and before further flight, if

frequency adapter part number (P/N)

704A33–640–031 (E1T2624–01A), or

delivered in pairs under the P/N 365A31–

1858–01, manufactured before April 1, 1991,

with serial number (S/N) equal to or less than

8188; and P/N 704A33–640–046 (E1T3023–

01), or delivered in pairs under the P/N

365A31–1858–02, manufactured before April

1, 1991, with S/N equal to or less than 3122

is installed, remove the frequency adapter

and replace it with an airworthy frequency

adapter.

Note 2: Eurocopter France SA–366 Service

Bulletin No. 01.23, dated May 9, 1996,

pertains to this AD.

(c) An alternative method of compliance or

adjustment of the compliance time that

provides an acceptable level of safety may be

used if approved by the Manager, FAA,

Rotorcraft Directorate, Rotorcraft Standards

Staff. Operators shall submit their requests

through an FAA Principal Maintenance

Inspector, who may concur or comment and

then send it to the Manager, Rotorcraft

Standards Staff.

Note 3: Information concerning the

existence of approved alternative methods of

compliance with this AD, if any, may be

obtained from the Rotorcraft Standards Staff.

(d) Special flight permits may be issued in

accordance with sections 21.197 and 21.199

of the Federal Aviation Regulations (14 CFR

21.197 and 21.199) to operate the helicopter

to a location where the requirements of this

AD can be accomplished.

Issued in Fort Worth, Texas, on August 19,

1997.

Eric Bries,

Acting Manager, Rotorcraft Directorate,

Aircraft Certification Service.

[FR Doc. 97–22640 Filed 8–25–97; 8:45 am]

BILLING CODE 4910–13–P

DEPARTMENT OF JUSTICE

28 CFR Parts 16 and 50

[Attorney General Order No. 2105–97]

RIN 1105–AA20

Revision of Department of Justice

Freedom of Information Act and

Privacy Act Regulations and

Implementation of Electronic Freedom

of Information Act Amendments of

1996

AGENCY: Department of Justice.

ACTION: Proposed rule.

SUMMARY: This document sets forth

proposed revisions of the Department’s

regulations under both the Freedom of

Information Act (FOIA) and the Privacy

Act of 1974. The FOIA and Privacy Act

regulations have been streamlined and

condensed, in accordance with the

principles of the National Performance

Review, with more ‘‘user-friendly’’

language wherever possible. These

revisions also reflect the principles

established by President Clinton and

Attorney General Reno in their FOIA

Policy Memoranda of October 4, 1993.

The new statement of discretionary

disclosure policy will supersede the

existing regulation regarding

discretionary access to records of

historical interest. Additionally, the

regulations have been updated to reflect

developments in the case law and to

include updated cost figures to be used

in calculating and charging fees. These

proposed revisions also contain new

provisions implementing the Electronic

Freedom of Information Act

Amendments of 1996.

DATES: Submit comments on or before

September 25, 1997.

ADDRESSES: Address all comments

concerning this proposed rule to Janice

Galli McLeod, Office of Information and

Privacy, U.S. Department of Justice, Flag

Building, Suite 570, Washington, DC

20530–0001.

FOR FURTHER INFORMATION CONTACT:

Janice Galli McLeod ((202) 514–3642).

SUPPLEMENTARY INFORMATION: These

comprehensive revisions of subparts A

and D of part 16 incorporate changes to

the language and structure of the

regulations and also add new provisions
Federal Register / Vol. 62, No. 165 / Tuesday, August 26, 1997 / Proposed Rules 45185

to implement the Electronic Freedom of

Information Act Amendments of 1996

(Public Law 104–231). New provisions

implementing the amendments are

found at § 16.2(c) (electronic reading

rooms), § 16.5 (timing of responses),

§ 16.6(b) (deletion marking), § 16.6(c)(3)

(volume estimation), § 16.11(b)(3)

(format of disclosure), and § 16.11(b)(8)

(electronic searches).

Proposed revisions of the

Department’s fee schedule can be found

at § 16.11(c) and (d). The duplication

charge will remain the same at ten cents

per page, while document search and

review charges will increase to $4.00,

$7.00, and $10.25 per quarter hour for

clerical, professional, and managerial

time, respectively. The amount at or

below which the Department will not

charge a fee will increase from $8.00 to

$14.00.

Proposed revisions to the Privacy Act

regulations include a second method for

the verification of identity for persons

seeking access to their own records in

§ 16.41(d) and the elimination of

existing subsection § 16.43(d) regarding

limitations on access to medical records.

For specific sections and subsections

of the regulations implementing the

Electronic Freedom of Information Act

Amendments of 1996, the following

effective dates apply:

§ 16.2(c)—electronic reading rooms—

November 1, 1997;

§ 16.5(b), (c), and (d)—processing

requests under multi-track systems,

under unusual circumstances, and with

expedited treatment—October 2, 1997;

and

§ 16.6(c)(3)—volume estimation—

October 2, 1997.

Regulatory Flexibility Act

The Attorney General, in accordance

with the Regulatory Flexibility Act (5

U.S.C. 606(b)), has reviewed this

regulation and by approving it certifies

that this regulation will not have a

significant economic impact on a

substantial number of small entities.

Under the Freedom of Information Act,

agencies may recover only the direct

costs of searching for, reviewing, and

duplicating the records processed for

requesters. Thus, fees assessed by the

Department are nominal. Further, the

‘‘small entities’’ that make FOIA

requests, as compared with individual

requesters and other requesters, are

relatively few in number.

Executive Order 12866

This regulation has been drafted and

reviewed in accordance with Executive

Order 12866, section 1(b), Principles of

Regulation. The Office of Management

and Budget has determined that this

rule is a ‘‘significant regulatory action’’

under Executive Order 12866, section

3(f), Regulatory Planning and Review,

and accordingly this rule has been

reviewed by that Office.

Unfunded Mandates Reform Act of

1995

This rule will not result in the

expenditure by State, local, and tribal

governments, in the aggregate, or by the

private sector, of $100,000,000 or more

in any one year, and it will not

significantly or uniquely affect small

governments. Therefore, no actions were

deemed necessary under the provisions

of the Unfunded Mandates Reform Act

of 1995.

Small Business Regulatory Enforcement

Fairness Act of 1996

This rule is not a major rule as

defined by section 804 of the Small

Business Regulatory Enforcement

Fairness Act of 1996. This rule will not

result in an annual effect on the

economy of $100,000,000 or more; a

major increase in costs or prices; or

significant adverse effects on

competition, employment, investment,

productivity, innovation, or on the

ability of United States-based

companies to compete with foreignbased companies in domestic and

export markets.

List of Subjects

28 CFR Part 16

Administrative practice and

procedure, Freedom of information,

Privacy.

28 CFR Part 50

Administrative practice and

procedure.

For the reasons stated in the

preamble, the Department of Justice

proposes to amend 28 CFR Chapter I,

Parts 16 and 50, as follows:

PART 16—PRODUCTION OR

DISCLOSURE OF MATERIAL OR

INFORMATION

1. The authority citation for part 16 is

revised to read as follows:

Authority: 5 U.S.C. 301, 552, 552a, 552b(g),

553; 18 U.S.C. 4203(a)(1); 28 U.S.C. 509, 510,

534; 31 U.S.C. 3717.

2. Subpart A of part 16 is revised to

read as follows:

Subpart A—Procedures for Disclosure of

Records Under the Freedom of Information

Act

Sec.

16.1 General provisions.

16.2 Public reading rooms.

16.3 Requirements for making requests.

16.4 Responsibility for responding to

requests.

16.5 Timing of responses to requests.

16.6 Responses to requests.

16.7 Classified information.

16.8 Business information.

16.9 Appeals.

16.10 Preservation of records.

16.11 Fees.

16.12 Other rights and services.

Subpart A—Procedures for Disclosure

of Records Under the Freedom of

Information Act

§ 16.1 General provisions.

(a) This subpart contains the rules

that the Department of Justice follows in

processing requests for records under

the Freedom of Information Act (FOIA),

5 U.S.C. 552. Requests made by

individuals for records about

themselves under the Privacy Act of

1974, 5 U.S.C. 552a, which are

processed under subpart D of this part,

are processed under this subpart also.

Information routinely provided to the

public as part of a regular Department

activity (for example, press releases

issued by the Office of Public Affairs)

may be provided to the public without

following this subpart. As a matter of

policy, the Department makes

discretionary disclosures of records or

information exempt under the FOIA

whenever disclosure would not

foreseeably harm an interest protected

by a FOIA exemption, but this policy

does not create any right enforceable in

court.

(b) As used in this subpart,

component means each separate bureau,

office, board, division, commission,

service, or administration of the

Department of Justice.

§ 16.2 Public reading rooms.

(a) The Department maintains public

reading rooms that contain the records

that the FOIA requires to be made

regularly available for public inspection

and copying. Each Department

component is responsible for

determining which of the records it

generates are required to be made

available in this way and for making

those records available either in its own

reading room or in the Department’s

central reading room. Each component

shall maintain and make available for

public inspection and copying a current

subject-matter index of its reading room

records. Each index shall be updated

regularly, at least quarterly, with respect

to newly included records.

(b) The Department maintains public

reading rooms or areas at the locations

listed below:
45186 Federal Register / Vol. 62, No. 165 / Tuesday, August 26, 1997 / Proposed Rules

(1) Bureau of Prisons—on the Seventh

Floor, 500 First Street, NW.,

Washington, DC;

(2) Civil Rights Division—in Room

930, 320 First Street, NW., Washington,

DC;

(3) Community Relations Service—in

Suite 2000, 600 E Street, NW.,

Washington, DC;

(4) Drug Enforcement

Administration—in Room W–7216, 700

Army Navy Drive, Arlington, Virginia;

(5) Executive Office for Immigration

Review (Board of Immigration

Appeals)—in Suite 2400, 5107 Leesburg

Pike, Falls Church, Virginia;

(6) Federal Bureau of Investigation—

at the J. Edgar Hoover Building, 935

Pennsylvania Avenue, NW.,

Washington, DC;

(7) Foreign Claims Settlement

Commission—in Room 6002, 600 E

Street, NW., Washington, DC;

(8) Immigration and Naturalization

Service—425 I Street, NW., Washington,

DC;

(9) Office of Justice Programs—in

Room 1245 B, 633 Indiana Avenue,

NW., Washington, DC;

(10) Pardon Attorney—on the Fourth

Floor, 500 First Street, NW.,

Washington, DC;

(11) United States Attorneys and

United States Marshals—at the principal

offices of the United States Attorneys

and the United States Marshals, which

are listed in most telephone books; and

(12) All other components of the

Department of Justice—in Room 6505 at

the Main Justice Building, 950

Pennsylvania Avenue, NW.,

Washington, DC.

(c) Components shall also make

reading room records created by the

Department on or after November 1,

1996, available electronically through

the Department’s World Wide Web site

(which can be found at http://

www.usdoj.gov). This includes each

component’s index of its reading room

records, which will indicate which

records are available electronically.

§ 16.3 Requirements for making requests.

(a) How made and addressed. You

may make a request for records of the

Department of Justice by writing

directly to the Department component

that maintains those records. If you are

making a request for records about

yourself, see § 16.41(d) for additional

requirements. If you are making a

request for records about another

individual, either a written

authorization signed by that individual

permitting disclosure of those records to

you or proof that that individual is

deceased (for example, a copy of a death

certificate or an obituary) will help the

processing of your request. Your request

should be sent to the component’s FOIA

office at the address listed in Appendix

I to Part 16. In most cases, your FOIA

request should be sent to a component’s

central FOIA office. For records held by

a field office of the Federal Bureau of

Investigation (FBI) or the Immigration

and Naturalization Service (INS),

however, you must write directly to that

FBI or INS field office address, which

can be found in most telephone books,

or by calling the component’s central

FOIA office. (The functions of each

component are summarized in Part 0 of

this title and in the description of the

Department and its components in the

‘‘United States Government Manual,’’

which is issued annually and is

available in most libraries, as well as for

sale from the Government Printing

Office’s Superintendent of Documents.

This manual also can be accessed

electronically at the Government

Printing Office’s World Wide Web site

(which can be found at http://

www.access.gpo.gov/suldocs).) If you

cannot determine where within the

Department to send your request, you

may send it to the FOIA/PA Mail

Referral Unit, Justice Management

Division, U.S. Department of Justice,

950 Pennsylvania Avenue, NW.,

Washington, DC 20530–0001. That

office will forward your request to the

component(s) it believes most likely to

have the records that you want. Your

request will be considered received as of

the date it is received by the proper

component’s FOIA office. For the

quickest possible handling, you should

mark both your request letter and the

envelope ‘‘Freedom of Information Act

Request.’’

(b) Description of records sought. You

must describe the records that you seek

in enough detail to enable Department

personnel to locate them with a

reasonable amount of effort. Whenever

possible, your request should include

specific information about each record

sought, such as the date, title or name,

author, recipient, and subject matter of

the record. In addition, if you want

records about a court case, you should

provide the title of the case, the court in

which the case was filed, and the nature

of the case. If known, you should

include any file designations or

descriptions for the records that you

want. As a general rule, the more

specific you are about the records or

type of records that you want, the more

likely the Department will be able to

locate those records in response to your

request. If a component determines that

your request does not reasonably

describe records, it shall tell you either

what additional information is needed

or why your request is otherwise

insufficient. The component also shall

give you an opportunity to discuss your

request so that you may modify it to

meet the requirements of this section.

(c) Agreement to pay fees. If you make

a FOIA request, it shall be considered an

agreement by you to pay all applicable

fees charged under § 16.11, up to

$25.00, unless you seek a waiver of fees.

The component responsible for

responding to your request ordinarily

will confirm this agreement in an

acknowledgement letter. When making

a request, you may specify a willingness

to pay a greater or lesser amount.

§ 16.4 Responsibility for responding to

requests.

(a) In general. Except as stated in

paragraphs (c), (d), and (e) of this

section, the component that first

receives a request for a record and has

possession of that record is the

component responsible for responding

to the request. In determining which

records are responsive to a request, a

component ordinarily will include only

records in its possession as of the date

the component begins its search for

them. If any other date is used, the

component shall inform the requester of

that date.

(b) Authority to grant or deny

requests. The head of a component, or

the component head’s designee, is

authorized to grant or deny any request

for a record of that component.

(c) Consultations and referrals. When

a component receives a request for a

record in its possession, it shall

determine whether another component,

or another agency of the Federal

Government, is better able to determine

whether the record is exempt from

disclosure under the FOIA and, if so,

whether it should be disclosed as a

matter of administrative discretion. If

the receiving component determines

that it is best able to process the record

in response to the request, then it shall

do so. If the receiving component

determines that it is not best able to

process the record, then it shall either:

(1) Respond to the request regarding

that record, after consulting with the

component or agency best able to

determine whether to disclose it and

with any other component or agency

that has a substantial interest in it; or

(2) Refer the responsibility for

responding to the request regarding that

record to the component best able to

determine whether to disclose it, or to

another agency that originated the

record (but only if that agency is subject

to the FOIA). Ordinarily, the component

or agency that originated a record will
Federal Register / Vol. 62, No. 165 / Tuesday, August 26, 1997 / Proposed Rules 45187

be presumed to be best able to

determine whether to disclose it.

(d) Law enforcement information.

Whenever a request is made for a record

containing information that relates to an

investigation of a possible violation of

law and was originated by another

component or agency, the receiving

component shall either refer the

responsibility for responding to the

request regarding that information to

that other component or agency or shall

consult with that other component or

agency.

(e) Classified information. Whenever a

request is made for a record containing

information that has been classified, or

may be appropriate for classification, by

another component or agency under

Executive Order 12958 or any other

executive order concerning the

classification of records, the receiving

component shall refer the responsibility

for responding to the request regarding

that information to the component or

agency that classified the information,

should consider the information for

classification, or has the primary

interest in it, as appropriate. Whenever

a record contains information that has

been derivatively classified by a

component because it contains

information classified by another

component or agency, the component

shall refer the responsibility for

responding to the request regarding that

information to the component or agency

that classified the underlying

information.

(f) Notice of referral. Whenever a

component refers all or any part of the

responsibility for responding to a

request to another component or agency,

it ordinarily shall notify the requester of

the referral and inform the requester of

the name of each component or agency

to which the request has been referred

and of the part of the request that has

been referred.

(g) Timing of responses to

consultations and referrals. All

consultations and referrals will be

handled according to the date the FOIA

request initially was received by the

first component or agency, not any later

date.

(h) Agreements regarding

consultations and referrals. Components

may make agreements with other

components or agencies to eliminate the

need for consultations or referrals for

particular types of records.

§ 16.5 Timing of responses to requests.

(a) In general. Components ordinarily

shall respond to requests according to

their order of receipt.

(b) Multitrack processing. (1) A

component may use two or more

processing tracks by distinguishing

between simple and more complex

requests based on the amount of work

and/or time needed to process the

request, including through limits based

on the number of pages involved. If a

component does so, it shall advise

requesters in its slower track(s) of the

limits of its faster track(s).

(2) A component using multitrack

processing may provide requesters in its

slower track(s) with an opportunity to

limit the scope of their requests in order

to qualify for faster processing within

the specified limits of the component’s

faster track(s). A component doing so

will contact the requester either by

telephone or by letter, whichever is

most efficient in each case.

(c) Unusual circumstances. (1) Where

the time limits for processing a request

cannot be met because of unusual

circumstances and the component

determines to extend the time limits on

that basis, the component shall as soon

as practicable notify the requester in

writing of the unusual circumstances

and of the date by which processing of

the request can be expected to be

completed. Where the extension is for

more than ten working days, the

component shall provide the requester

with an opportunity either to modify the

request so that it may be processed

within the time limits or to arrange an

alternative time period with the

component for processing the request or

a modified request.

(2) Where a component reasonably

believes that multiple requests

submitted by a requester, or by a group

of requesters acting in concert,

constitute a single request that would

otherwise involve unusual

circumstances, and the requests involve

clearly related matters, they may be

aggregated. Multiple requests involving

unrelated matters will not be aggregated.

(d) Expedited processing. (1) Requests

and appeals will be taken out of order

and given expedited treatment

whenever it is determined that they

involve:

(i) Circumstances in which the lack of

expedited treatment could reasonably be

expected to pose an imminent threat to

the life or physical safety of an

individual;

(ii) An urgency to inform the public

about an actual or alleged federal

government activity, if made by a

person primarily engaged in

disseminating information;

(iii) The loss of substantial due

process rights; or

(iv) A matter of widespread and

exceptional media interest in which

there exist possible questions about the

government’s integrity which affect

public confidence.

(2) A request for expedited processing

may be made at the time of the initial

request for records or at any later time.

For a prompt determination, a request

for expedited processing must be

received by the proper component.

Requests based on the categories in

paragraphs (d)(1)(i), (ii), and (iii) of this

section must be submitted to the

component that maintains the records

requested. Requests based on the

category in paragraph (d)(1)(iv) of this

section must be submitted to the

Director of Public Affairs, whose

address is: Office of Public Affairs, U.S.

Department of Justice, Room 1128, 950

Pennsylvania Avenue, NW.,

Washington, DC 20530–0001.

(3) A requester who seeks expedited

processing must submit a statement,

certified to be true and correct to the

best of that person’s knowledge and

belief, explaining in detail the basis for

requesting expedited processing. For

example, a requester within the category

in paragraph (d)(1)(ii) of this section, if

not a full-time member of the news

media, must establish that he or she is

a person whose main professional

activity or occupation is information

dissemination, though it need not be his

or her sole occupation. A requester

within the category in paragraph

(d)(1)(ii) of this section also must

establish a particular urgency to inform

the public about the government activity

involved in the request, beyond the

public’s right to know about government

activity generally. The formality of

certification may be waived as a matter

of administrative discretion.

(4) Within ten calendar days of its

receipt of a request for expedited

processing, the proper component shall

decide whether to grant it and shall

notify the requester of the decision. If a

request for expedited treatment is

granted, the request shall be given

priority and shall be processed as soon

as practicable. If a request for expedited

processing is denied, any appeal of that

decision shall be acted on

expeditiously.

§ 16.6 Responses to requests.

(a) Acknowledgements of requests. On

receipt of a request, a component

ordinarily shall send an

acknowledgement letter to the requester

which shall confirm the requester’s

agreement to pay fees under § 16.3(c)

and provide an assigned request number

for further reference.

(b) Grants of requests. Once a

component makes a determination to

grant a request in whole or in part, it

shall notify the requester in writing. The
45188 Federal Register / Vol. 62, No. 165 / Tuesday, August 26, 1997 / Proposed Rules

component shall inform the requester in

the notice of any fee charged under

§ 16.11 and shall disclose records to the

requester promptly on payment of any

applicable fee. Records disclosed in part

shall be marked or annotated to show

both the amount and the location of the

information deleted wherever

practicable.

(c) Adverse determinations of

requests. A component making an

adverse determination denying a request

in any respect shall notify the requester

of that determination in writing.

Adverse determinations, or denials of

requests, consist of: a determination to

withhold any requested record in whole

or in part; a determination that a

requested record does not exist or

cannot be located; a determination that

what has been requested is not a record

subject to the Act; a determination on

any disputed fee matter, including a

denial of a request for a fee waiver; and

a denial of a request for expedited

treatment. The denial letter shall be

signed by the head of the component, or

the component head’s designee, and

shall include:

(1) The name and title or position of

the person responsible for the denial;

(2) A brief statement of the reason(s)

for the denial, including any FOIA

exemption applied by the component in

denying the request;

(3) An estimate of the volume of

records or information withheld, in

number of pages or in some other

reasonable form of estimation. This

estimate does not need to be provided

if the volume is otherwise indicated

through deletions on records disclosed

in part, or if providing an estimate

would harm an interest protected by an

applicable exemption; and

(4) A statement that the denial may be

appealed under § 16.9(a) and a

description of the requirements of

§ 16.9(a).

§ 16.7 Classified information.

In processing a request for

information that is classified under

Executive Order 12958 (3 CFR, 1996

Comp., p. 333) or any other executive

order, the originating component shall

review the information to determine

whether it should remain classified.

Information determined to no longer

require classification shall not be

withheld on the basis of Exemption 1 of

the FOIA. On receipt of any appeal

involving classified information, the

Office of Information and Privacy shall

take appropriate action to ensure

compliance with part 17 of this title.

§ 16.8 Business information.

(a) In general. Business information

obtained by the Department from a

submitter will be disclosed under the

FOIA only under this section.

(b) Definitions. For purposes of this

section:

(1) Business information means

commercial or financial information

obtained by the Department from a

submitter that may be protected from

disclosure under Exemption 4 of the

FOIA.

(2) Submitter means any person or

entity from whom the Department

obtains business information, directly or

indirectly. The term includes

corporations; state, local, and tribal

governments; and foreign governments.

(c) Designation of business

information. A submitter of business

information will use good-faith efforts to

designate, by appropriate markings,

either at the time of submission or at a

reasonable time thereafter, any portions

of its submission that it considers to be

protected from disclosure under

Exemption 4. These designations will

expire ten years after the date of the

submission unless the submitter

requests, and provides justification for,

a longer designation period.

(d) Notice to submitters. A component

shall provide a submitter with prompt

written notice of a FOIA request or

administrative appeal that seeks its

business information wherever required

under paragraph (e) of this section,

except as provided in paragraph (h) of

this section, in order to give the

submitter an opportunity to object to

disclosure of any specified portion of

that information under paragraph (f) of

this section. The notice shall either

describe the business information

requested or include copies of the

requested records or record portions

containing the information. When

notification of a voluminous number of

submitters is required, notification may

be made by posting or publishing the

notice in a place reasonably likely to

accomplish it.

(e) Where notice is required. Notice

shall be given to a submitter wherever:

(1) The information has been

designated in good faith by the

submitter as information considered

protected from disclosure under

Exemption 4; or

(2) The component has reason to

believe that the information may be

protected from disclosure under

Exemption 4.

(f) Opportunity to object to disclosure.

A component will allow a submitter a

reasonable time to respond to the notice

described in paragraph (d) of this

section. If a submitter has any objection

to disclosure, it is required to submit a

detailed written statement. The

statement must specify all grounds for

withholding any portion of the

information under any exemption of the

FOIA and, in the case of Exemption 4,

it must show why the information is a

trade secret or commercial or financial

information that is privileged or

confidential. In the event that a

submitter fails to respond to the notice

within the time specified in it, the

submitter will be considered to have no

objection to disclosure of the

information. Information provided by a

submitter under this paragraph may

itself be subject to disclosure under the

FOIA.

(g) Notice of intent to disclose. A

component shall consider a submitter’s

objections and specific grounds for

nondisclosure in deciding whether to

disclose business information.

Whenever a component decides to

disclose business information over the

objection of a submitter, the component

shall give the submitter written notice,

which shall include:

(1) A statement of the reason(s) why

each of the submitter’s disclosure

objections was not sustained;

(2) A description of the business

information to be disclosed; and

(3) A specified disclosure date, which

shall be a reasonable time subsequent to

the notice.

(h) Exceptions to notice requirements.

The notice requirements of paragraphs

(d) and (g) of this section shall not apply

if:

(1) The component determines that

the information should not be disclosed;

(2) The information lawfully has been

published or has been officially made

available to the public;

(3) Disclosure of the information is

required by statute (other than the

FOIA) or by a regulation issued in

accordance with the requirements of

Executive Order 12600 (3 CFR, 1988

Comp., p. 235); or

(4) The designation made by the

submitter under paragraph (c) of this

section appears obviously frivolous—

except that, in such a case, the

component shall, within a reasonable

time prior to a specified disclosure date,

give the submitter written notice of any

final decision to disclose the

information.

(i) Notice of FOIA lawsuit. Whenever

a requester files a lawsuit seeking to

compel the disclosure of business

information, the component shall

promptly notify the submitter.

(j) Corresponding notice to requesters.

Whenever a component provides a

submitter with notice and an

opportunity to object to disclosure
Federal Register / Vol. 62, No. 165 / Tuesday, August 26, 1997 / Proposed Rules 45189

under paragraph (d) of this section, the

component shall also notify the

requester(s). Whenever a component

notifies a submitter of its intent to

disclose requested information under

paragraph (g) of this section, the

component shall also notify the

requester(s). Whenever a submitter files

a lawsuit seeking to prevent the

disclosure of business information, the

component shall notify the requester(s).

§ 16.9 Appeals.

(a) Appeals of adverse

determinations. If you are dissatisfied

with a component’s response to your

request, you may appeal an adverse

determination denying your request, in

any respect, to the Office of Information

and Privacy, U.S. Department of Justice,

Flag Building, Suite 570, Washington,

DC 20530–0001. You must make your

appeal in writing and it must be

received by the Office of Information

and Privacy within 60 days of the date

of the letter denying your request. Your

appeal letter may include as much or as

little related information as you wish, as

long as it clearly identifies the

component determination (including

the assigned request number, if known)

that you are appealing. For the quickest

possible handling, you should mark

your appeal letter and the envelope

‘‘Freedom of Information Act Appeal.’’

Unless the Attorney General directs

otherwise, a Director of the Office of

Information and Privacy will act on

behalf of the Attorney General on all

appeals under this section, except that:

(1) In the case of an adverse

determination by the Deputy Attorney

General or the Associate Attorney

General, the Attorney General or the

Attorney General’s designee will act on

the appeal;

(2) An adverse determination by the

Attorney General will be the final action

of the Department; and

(3) An appeal ordinarily will not be

acted on if the request becomes a matter

of FOIA litigation.

(b) Responses to appeals. The

decision on your appeal will be made in

writing. A decision affirming an adverse

determination in whole or in part shall

contain a statement of the reason(s) for

the affirmance, including any FOIA

exemption(s) applied, and will inform

you of the FOIA provisions for court

review of the decision. If the adverse

determination is reversed or modified

on appeal, in whole or in part, you will

be notified in a written decision and

your request will be reprocessed in

accordance with that appeal decision.

(c) When appeal is required. If you

wish to seek review by a court of any

adverse determination, you must first

appeal it under this section.

§ 16.10 Preservation of records.

Each component shall preserve all

correspondence pertaining to the

requests that it receives under this

subpart, as well as copies of all

requested records, until disposition or

destruction is authorized by title 44 of

the United States Code or the National

Archives and Records Administration’s

General Records Schedule 14. Records

will not be disposed of while they are

the subject of a pending request, appeal,

or lawsuit under the FOIA.

§ 16.11 Fees.

(a) In general. Components shall

charge for processing requests under the

FOIA in accordance with paragraph (c)

of this section, except where fees are

limited under paragraph (d) of this

section or where a waiver or reduction

of fees is granted under paragraph (k) of

this section. A component ordinarily

shall collect all applicable fees before

sending copies of requested records to a

requester. Requesters will pay fees by

check or money order made payable to

the Treasury of the United States.

(b) Definitions. For purposes of this

section:

(1) Commercial use request means a

request from or on behalf of a person

who seeks information for a use or

purpose that furthers his or her

commercial, trade, or profit interests,

which can include furthering those

interests through litigation. Components

shall determine, whenever reasonably

possible, the use to which a requester

will put the requested records. When it

appears that the requester will put the

records to a commercial use, either

because of the nature of the request

itself or because a component has

reasonable cause to doubt a requester’s

stated use, the component shall provide

the requester a reasonable opportunity

to submit further clarification.

(2) Direct costs means those expenses

that an agency actually incurs in

searching for and duplicating (and, in

the case of commercial use requests,

reviewing) records to respond to a FOIA

request. Direct costs include, for

example, the salary of the employee

performing the work (the basic rate of

pay for the employee, plus 16 percent of

that rate to cover benefits) and the cost

of operating duplication machinery. Not

included in direct costs are overhead

expenses such as the costs of space and

heating or lighting of the facility in

which the records are kept.

(3) Duplication means the making of

a copy of a record, or of the information

contained in it, necessary to respond to

a FOIA request. Copies can take the

form of paper, microform, audiovisual

materials, or electronic records (for

example, magnetic tape or disk), among

others. Components shall honor a

requester’s specified preference of form

or format of disclosure if the record is

readily reproducible with reasonable

efforts in the requested form or format

by the office responding to the request.

(4) Educational institution means a

preschool, a public or private

elementary or secondary school, an

institution of undergraduate higher

education, an institution of graduate

higher education, or an institution of

professional education, or an institution

of vocational education, that operates a

program of scholarly research. To be in

this category, a requester must show

that the request is authorized by and is

made under the auspices of a qualifying

institution and that the records are not

sought for a commercial use but are

sought to further scholarly research.

(5) Noncommercial scientific

institution means an institution that is

not operated on a ‘‘commercial’’ basis,

as that term is defined in paragraph

(b)(1) of this section, and that is

operated solely for the purpose of

conducting scientific research the

results of which are not intended to

promote any particular product or

industry. To be in this category, a

requester must show that the request is

authorized by and is made under the

auspices of a qualifying institution and

that the records are not sought for a

commercial use but are sought to further

scientific research.

(6) Representative of the news media,

or news media requester, means any

person actively gathering news for an

entity that is organized and operated to

publish or broadcast news to the public.

The term ‘‘news’’ means information

that is about current events or that

would be of current interest to the

public. Examples of news media entities

include television or radio stations

broadcasting to the public at large and

publishers of periodicals (but only in

those instances where they can qualify

as disseminators of ‘‘news’’) who make

their products available for purchase or

subscription by the general public. For

‘‘freelance’’ journalists to be regarded as

working for a news organization, they

must demonstrate a solid basis for

expecting publication through that

organization. A publication contract

would be the clearest proof, but

components shall also look to the past

publication record of a requester in

making this determination. To be in this

category, a requester must not be

seeking the requested records for a

commercial use. However, a request for
45190 Federal Register / Vol. 62, No. 165 / Tuesday, August 26, 1997 / Proposed Rules

records supporting the newsdissemination function of the requester

shall not be considered to be for a

commercial use.

(7) Review means the examination of

a record located in response to a request

in order to determine whether any

portion of it is exempt from disclosure.

It also includes processing any record

for disclosure—for example, doing all

that is necessary to redact it and prepare

it for disclosure. Review costs are

recoverable even if a record ultimately

is not disclosed. Review time includes

time spent considering any formal

objection to disclosure made by a

business submitter under § 16.8, but

does not include time spent resolving

general legal or policy issues regarding

the application of exemptions.

(8) Search means the process of

looking for and retrieving records or

information responsive to a request. It

includes page-by-page or line-by-line

identification of information within

records and also includes reasonable

efforts to locate and retrieve information

from records maintained in electronic

form or format. Components shall

ensure that searches are done in the

most efficient and least expensive

manner reasonably possible. For

example, components shall not search

line-by-line where duplicating an entire

document would be quicker and less

expensive.

(c) Fees. In responding to FOIA

requests, components shall charge the

following fees unless a waiver or

reduction of fees has been granted under

paragraph (k) of this section:

(1) Search. (i) Search fees shall be

charged for all requests—other than

requests made by educational

institutions, noncommercial scientific

institutions, or representatives of the

news media—subject to the limitations

of paragraph (d) of this section.

Components may charge for time spent

searching even if they do not locate any

responsive record or if they withhold

the record(s) located as entirely exempt

from disclosure.

(ii) For each quarter hour spent by

clerical personnel in searching for and

retrieving a requested record, the fee

will be $4.00. Where a search and

retrieval cannot be performed entirely

by clerical personnel—for example,

where the identification of records

within the scope of a request requires

the use of professional personnel—the

fee will be $7.00 for each quarter hour

of search time spent by professional

personnel. Where the time of managerial

personnel is required, the fee will be

$10.25 for each quarter hour of time

spent by those personnel.

(iii) For computer searches of records,

requesters will be charged the direct

costs of conducting the search, although

certain requesters (as provided in

paragraph (d)(1) of this section) will be

charged no search fee and certain other

requesters (as provided in paragraph

(d)(3) of this section) will be entitled to

the cost equivalent of two hours of

manual search time without charge.

These direct costs will include the cost

of operating a central processing unit for

that portion of operating time that is

directly attributable to searching for

responsive records, as well as the costs

of operator/programmer salary

apportionable to the search.

(2) Duplication. Duplication fees will

be charged to all requesters, subject to

the limitations of paragraph (d) of this

section. For a paper photocopy of a

record (no more than one copy of which

need be supplied), the fee will be ten

cents per page. For copies produced by

computer, such as tapes or printouts,

components will charge the direct costs,

including operator time, of producing

the copy. For other forms of duplication,

components will charge the direct costs

of that duplication.

(3) Review. Review fees will be

charged to requesters who make a

commercial use request. Review fees

will be charged only for the initial

record review—in other words, the

review done when a component

determines whether an exemption

applies to a particular record or record

portion at the initial request level. No

charge will be made for review at the

administrative appeal level for an

exemption already applied. However,

records or record portions withheld

under an exemption that is

subsequently determined not to apply

may be reviewed again to determine

whether any other exemption not

previously considered applies; the costs

of that review are chargeable where it is

made necessary by a change of

circumstances. Review fees will be

charged at the same rates as those

charged for a search under paragraph

(c)(1)(ii) of this section.

(d) Limitations on charging fees. (1)

No search fee will be charged for

requests by educational institutions,

noncommercial scientific institutions,

or representatives of the news media.

(2) No search fee or review fee will be

charged for a quarter-hour period unless

more than half of that period is required

for search or review.

(3) Except for requesters seeking

records for a commercial use,

components will provide without

charge:

(i) The first 100 pages of duplication

(or the cost equivalent); and

(ii) The first two hours of search (or

the cost equivalent).

(4) Whenever a total fee calculated

under paragraph (c) of this section is

$14.00 or less for any request, no fee

will be charged.

(5) The provisions of paragraphs (d)(3)

and (4) of this section work together.

This means that for requesters other

than those seeking records for a

commercial use, no fee will be charged

unless the cost of search in excess of

two hours plus the cost of duplication

in excess of 100 pages totals more than

$14.00.

(e) Notice of anticipated fees in excess

of $25.00. When a component

determines or estimates that the fees to

be charged under this section will

amount to more than $25.00, the

component shall notify the requester of

the actual or estimated amount of the

fees, unless the requester has indicated

a willingness to pay fees as high as

those anticipated. If only a portion of

the fee can be estimated readily, the

component shall advise the requester

that the estimated fee may be only a

portion of the total fee. In cases in

which a requester has been notified that

actual or estimated fees amount to more

than $25.00, the request shall not be

considered received and further work

shall not be done on it until the

requester agrees to pay the anticipated

total fee. Any such agreement should be

memorialized in writing. A notice under

this paragraph will offer the requester

an opportunity to discuss the matter

with Department personnel in order to

reformulate the request to meet the

requester’s needs at a lower cost.

(f) Charges for other services. Apart

from the other provisions of this section,

when a component chooses as a matter

of administrative discretion to provide a

special service—such as certifying that

records are true copies or sending them

by other than ordinary mail—the direct

costs of providing the service ordinarily

will be charged.

(g) Charging interest. Components

may charge interest on any unpaid bill

starting on the 31st day following the

date of billing the requester. Interest

charges will be assessed at the rate

provided in 31 U.S.C. 3717 and will

accrue from the date of the billing until

payment is received by the component.

Components will follow the provisions

of the Debt Collection Act of 1982

(Public Law 97–365, 96 Stat. 1749), as

amended, and its administrative

procedures, including the use of

consumer reporting agencies, collection

agencies, and offset.

(h) Aggregating requests. Where a

component reasonably believes that a

requester or a group of requesters acting
Federal Register / Vol. 62, No. 165 / Tuesday, August 26, 1997 / Proposed Rules 45191

together is attempting to divide a

request into a series of requests for the

purpose of avoiding fees, the component

may aggregate those requests and charge

accordingly. Components may presume

that multiple requests of this type made

within a 30-day period have been made

in order to avoid fees. Where requests

are separated by a longer period,

components will aggregate them only

where there exists a solid basis for

determining that aggregation is

warranted under all the circumstances

involved. Multiple requests involving

unrelated matters will not be aggregated.

(i) Advance payments. (1) For

requests other than those described in

paragraphs (i) (2) and (3) of this section,

a component shall not require the

requester to make an advance

payment—in other words, a payment

made before work is begun or continued

on a request. Payment owed for work

already completed (i.e., a prepayment

before copies are sent to a requester) is

not an advance payment.

(2) Where a component determines or

estimates that a total fee to be charged

under this section will be more than

$250.00, it may require the requester to

make an advance payment of an amount

up to the amount of the entire

anticipated fee before beginning to

process the request, except where it

receives a satisfactory assurance of full

payment from a requester that has a

history of prompt payment.

(3) Where a requester has previously

failed to pay a properly charged FOIA

fee to any component or agency within

30 days of the date of billing, a

component may require the requester to

pay the full amount due, plus any

applicable interest, and to make an

advance payment of the full amount of

any anticipated fee, before the

component begins to process a new

request or continues to process a

pending request from that requester.

(4) In cases in which a component

requires advance payment or payment

due under paragraph (i) (2) or (3) of this

section, the request shall not be

considered received and further work

will not be done on it until the required

payment is received.

(j) Other statutes specifically

providing for fees. The fee schedule of

this section does not apply to fees

charged under any statute that

specifically requires an agency to set

and collect fees for particular types of

records. Where records responsive to

requests are maintained for distribution

by agencies operating such statutorily

based fee schedule programs,

components will inform requesters of

the steps for obtaining records from

those sources so that they may do so

most economically.

(k) Waiver or reduction of fees. (1)

Records responsive to a request will be

furnished without charge or at a charge

reduced below that established under

paragraph (c) of this section where a

component determines, based on all

available information, that disclosure of

the requested information is in the

public interest because it is likely to

contribute significantly to public

understanding of the operations or

activities of the government and is not

primarily in the commercial interest of

the requester.

(2) To determine whether the first fee

waiver requirement is met, components

will consider the following factors:

(i) The subject of the request: Whether

the subject of the requested records

concerns ‘‘the operations or activities of

the government.’’ The subject of the

requested records must concern

identifiable operations or activities of

the federal government, with a

connection that is direct and clear, not

remote or attenuated.

(ii) The informative value of the

information to be disclosed: Whether

the disclosure is ‘‘likely to contribute’’ to

an understanding of government

operations or activities. The disclosable

portions of the requested records must

be meaningfully informative about

government operations or activities in

order to be ‘‘likely to contribute’’ to an

increased public understanding of those

operations or activities. The disclosure

of information that already is in the

public domain, in either a duplicative or

a substantially identical form, would

not be as likely to contribute to such

understanding where nothing new

would be added to the public’s

understanding.

(iii) The contribution to an

understanding of the subject by the

public likely to result from disclosure:

Whether disclosure of the requested

information will contribute to ‘‘public

understanding.’’ The disclosure must

contribute to the understanding of a

reasonably broad audience of persons

interested in the subject, as opposed to

the individual understanding of the

requester. A requester’s expertise in the

subject area and ability and intention to

effectively convey information to the

public shall be considered. It shall be

presumed that a representative of the

news media will satisfy this

consideration.

(iv) The significance of the

contribution to public understanding:

Whether the disclosure is likely to

contribute ‘‘significantly’’ to public

understanding of government

operations or activities. The public’s

understanding of the subject in

question, as compared to the level of

public understanding existing prior to

the disclosure, must be enhanced by the

disclosure to a significant extent.

Components shall not make value

judgments about whether information

that would contribute significantly to

public understanding of the operations

or activities of the government is

‘‘important’’ enough to be made public.

(3) To determine whether the second

fee waiver requirement is met,

components will consider the following

factors:

(i) The existence and magnitude of a

commercial interest: Whether the

requester has a commercial interest that

would be furthered by the requested

disclosure. Components shall consider

any commercial interest of the requester

(with reference to the definition of

‘‘commercial use’’ in paragraph (b)(1) of

this section), or of any person on whose

behalf the requester may be acting, that

would be furthered by the requested

disclosure. Requesters shall be given an

opportunity in the administrative

process to provide explanatory

information regarding this

consideration.

(ii) The primary interest in disclosure:

Whether any identified commercial

interest of the requester is sufficiently

large, in comparison with the public

interest in disclosure, that disclosure is

‘‘primarily in the commercial interest of

the requester.’’ A fee waiver or

reduction is justified where the public

interest standard is satisfied and that

public interest is greater in magnitude

than that of any identified commercial

interest in disclosure. Components

ordinarily shall presume that where a

news media requester has satisfied the

public interest standard, the public

interest will be the interest primarily

served by disclosure to that requester.

Disclosure to data brokers or others who

merely compile and market government

information for direct economic return

shall not be presumed to primarily serve

the public interest.

(4) Where only some of the requested

records satisfy the requirements for a

waiver of fees, a waiver shall be granted

for those records.

(5) Requests for the waiver or

reduction of fees should address the

factors listed in paragraphs (k) (2) and

(3) of this section, insofar as they apply

to each request. Components will

exercise their discretion to consider the

cost-effectiveness of their investment of

administrative resources in this

decisionmaking process, however, in

deciding to grant waivers or reductions

of fees.
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§ 16.12 Other rights and services.

Nothing in this subpart shall be

construed to entitle any person, as of

right, to any service or to the disclosure

of any record to which such person is

not entitled under the FOIA.

3. Subpart D of part 16 is revised to

read as follows:

Subpart D—Protection of Privacy and

Access to Individual Records Under the

Privacy Act of 1974

Sec.

16.40 General provisions.

16.41 Requests for access to records.

16.42 Responsibility for responding to

requests for access to records.

16.43 Responses to requests for access to

records.

16.44 Classified information.

16.45 Appeals from denials of requests for

access to records.

16.46 Requests for amendment or correction

of records.

16.47 Requests for an accounting of record

disclosures.

16.48 Preservation of records.

16.49 Fees.

16.50 Notice of court-ordered and

emergency disclosures.

16.51 Security of systems of records.

16.52 Contracts for the operation of record

systems.

16.53 Use and collection of social security

numbers.

16.54 Employee standards of conduct.

16.55 Other rights and services.

Subpart D—Protection of Privacy and

Access to Individual Records Under

the Privacy Act of 1974

§ 16.40 General provisions.

(a) Purpose and scope. This subpart

contains the rules that the Department

of Justice follows under the Privacy Act

of 1974, 5 U.S.C. 552a. The rules in this

subpart apply to all records in systems

of records maintained by the

Department that are retrieved by an

individual’s name or personal identifier.

They describe the procedures by which

individuals may request access to

records about themselves, request

amendment or correction of those

records, and request an accounting of

disclosures of those records by the

Department. In addition, the

Department processes all Privacy Act

requests for access to records under the

Freedom of Information Act (FOIA), 5

U.S.C. 552, following the rules

contained in subpart A of this part,

which gives requesters the benefit of

both statutes.

(b) Definitions. As used in this

subpart:

(1) Component means each separate

bureau, office, board, division,

commission, service, or administration

of the Department of Justice.

(2) Request for access to a record

means a request made under Privacy

Act subsection (d)(1).

(3) Request for amendment or

correction of a record means a request

made under Privacy Act subsection

(d)(2).

(4) Request for an accounting means

a request made under Privacy Act

subsection (c)(3).

(5) Requester means an individual

who makes a request for access, a

request for amendment or correction, or

a request for an accounting under the

Privacy Act.

(c) Authority to request records for a

law enforcement purpose. The head of

a component or a United States

Attorney, or either’s designee, is

authorized to make written requests

under subsection (b)(7) of the Privacy

Act for records maintained by other

agencies that are necessary to carry out

an authorized law enforcement activity.

§ 16.41 Requests for access to records.

(a) How made and addressed. You

may make a request for access to a

Department of Justice record about

yourself by appearing in person or by

writing directly to the Department

component that maintains the record.

Your request should be sent or delivered

to the component’s Privacy Act office at

the address listed in Appendix I to this

part. In most cases, a component’s

central Privacy Act office is the place to

send a Privacy Act request. For records

held by a field office of the Federal

Bureau of Investigation (FBI) or the

Immigration and Naturalization Service

(INS), however, you must write directly

to that FBI or INS field office address,

which can be found in most telephone

books, or by calling the component’s

central Privacy Act office. (The

functions of each component are

summarized in part 0 of this title and in

the description of the Department and

its components in the ‘‘United States

Government Manual,’’ which is issued

annually and is available in most

libraries, as well as for sale from the

Government Printing Office’s

Superintendent of Documents. This

manual also can be accessed

electronically at the Government

Printing Office’s World Wide Web site

(which can be found at http://

www.access.gpo.gov/suldocs). If you

cannot determine where within the

Department to send your request, you

may send it to the FOIA/PA Mail

Referral Unit, Justice Management

Division, U.S. Department of Justice,

950 Pennsylvania Avenue, NW.,

Washington, DC 20530–0001, and that

office will forward it to the

component(s) it believes most likely to

have the records that you seek. For the

quickest possible handling, you should

mark both your request letter and the

envelope ‘‘Privacy Act Request.’’

(b) Description of records sought. You

must describe the records that you want

in enough detail to enable Department

personnel to locate the system of

records containing them with a

reasonable amount of effort. Whenever

possible, your request should describe

the records sought, the time periods in

which you believe they were compiled,

and the name or identifying number of

each system of records in which you

believe they are kept. The Department

publishes notices in the Federal

Register that describe its components’

systems of records. A description of the

Department’s systems of records also

may be found as part of the ‘‘Privacy Act

Compilation’’ published by the National

Archives and Records Administration’s

Office of the Federal Register. This

compilation is available in most large

reference and university libraries. This

compilation also can be accessed

electronically at the Government

Printing Office’s World Wide Web site

(which can be found at http://

www.access.gpo.gov/suldocs).

(c) Agreement to pay fees. If you make

a Privacy Act request for access to

records, it shall be considered an

agreement by you to pay all applicable

fees charged under § 16.49, up to

$25.00. The component responsible for

responding to your request ordinarily

shall confirm this agreement in an

acknowledgment letter. When making a

request, you may specify a willingness

to pay a greater or lesser amount.

(d) Verification of identity. When you

make a request for access to records

about yourself, you must verify your

identity. You must state your full name,

current address, and date and place of

birth. You must sign your request and

your signature must either be notarized

or submitted by you under 28 U.S.C.

1746, a law that permits statements to

be made under penalty of perjury as a

substitute for notarization. While no

specific form is required, you may

obtain forms for this purpose from the

FOIA/PA Mail Referral Unit, Justice

Management Division, U.S. Department

of Justice, 950 Pennsylvania Avenue,

NW., Washington, DC 20530–0001. In

order to help the identification and

location of requested records, you may

also, at your option, include your social

security number.

(e) Verification of guardianship.

When making a request as the parent or

guardian of a minor or as the guardian

of someone determined by a court to be

incompetent, for access to records about

that individual, you must establish:
Federal Register / Vol. 62, No. 165 / Tuesday, August 26, 1997 / Proposed Rules 45193

(1) The identity of the individual who

is the subject of the record, by stating

the name, current address, date and

place of birth, and, at your option, the

social security number of the

individual;

(2) Your own identity, as required in

paragraph (d) of this section;

(3) That you are the parent or

guardian of that individual, which you

may prove by providing a copy of the

individual’s birth certificate showing

your parentage or by providing a court

order establishing your guardianship;

and

(4) That you are acting on behalf of

that individual in making the request.

§ 16.42 Responsibility for responding to

requests for access to records.

(a) In general. Except as stated in

paragraphs (c), (d), and (e) of this

section, the component that first

receives a request for access to a record,

and has possession of that record, is the

component responsible for responding

to the request. In determining which

records are responsive to a request, a

component ordinarily shall include only

those records in its possession as of the

date the component begins its search for

them. If any other date is used, the

component shall inform the requester of

that date.

(b) Authority to grant or deny

requests. The head of a component, or

the component head’s designee, is

authorized to grant or deny any request

for access to a record of that component.

(c) Consultations and referrals. When

a component receives a request for

access to a record in its possession, it

shall determine whether another

component, or another agency of the

Federal Government, is better able to

determine whether the record is exempt

from access under the Privacy Act. If the

receiving component determines that it

is best able to process the record in

response to the request, then it shall do

so. If the receiving component

determines that it is not best able to

process the record, then it shall either:

(1) Respond to the request regarding

that record, after consulting with the

component or agency best able to

determine whether the record is exempt

from access and with any other

component or agency that has a

substantial interest in it; or

(2) Refer the responsibility for

responding to the request regarding that

record to the component best able to

determine whether it is exempt from

access, or to another agency that

originated the record (but only if that

agency is subject to the Privacy Act).

Ordinarily, the component or agency

that originated a record will be

presumed to be best able to determine

whether it is exempt from access.

(d) Law enforcement information.

Whenever a request is made for access

to a record containing information that

relates to an investigation of a possible

violation of law and that was originated

by another component or agency, the

receiving component shall either refer

the responsibility for responding to the

request regarding that information to

that other component or agency or shall

consult with that other component or

agency.

(e) Classified information. Whenever a

request is made for access to a record

containing information that has been

classified by or may be appropriate for

classification by another component or

agency under Executive Order 12958 or

any other executive order concerning

the classification of records, the

receiving component shall refer the

responsibility for responding to the

request regarding that information to the

component or agency that classified the

information, should consider the

information for classification, or has the

primary interest in it, as appropriate.

Whenever a record contains information

that has been derivatively classified by

a component because it contains

information classified by another

component or agency, the component

shall refer the responsibility for

responding to the request regarding that

information to the component or agency

that classified the underlying

information.

(f) Notice of referral. Whenever a

component refers all or any part of the

responsibility for responding to a

request to another component or agency,

it ordinarily shall notify the requester of

the referral and inform the requester of

the name of each component or agency

to which the request has been referred

and of the part of the request that has

been referred.

(g) Timing of responses to

consultations and referrals. All

consultations and referrals shall be

handled according to the date the

Privacy Act access request was initially

received by the first component or

agency, not any later date.

(h) Agreements regarding

consultations and referrals. Components

may make agreements with other

components or agencies to eliminate the

need for consultations or referrals for

particular types of records.

§ 16.43 Responses to requests for access

to records.

(a) Acknowledgements of requests. On

receipt of a request, a component

ordinarily shall send an

acknowledgement letter to the requester

which shall confirm the requester’s

agreement to pay fees under § 16.41(c)

and provide an assigned request number

for further reference.

(b) Grants of requests for access. Once

a component makes a determination to

grant a request for access in whole or in

part, it shall notify the requester in

writing. The component shall inform

the requester in the notice of any fee

charged under § 16.49 and shall disclose

records to the requester promptly on

payment of any applicable fee. If a

request is made in person, the

component may disclose records to the

requester directly, in a manner not

unreasonably disruptive of its

operations, on payment of any

applicable fee and with a written record

made of the grant of the request. If a

requester is accompanied by another

person, the requester shall be required

to authorize in writing any discussion of

the records in the presence of the other

person.

(c) Adverse determinations of requests

for access. A component making an

adverse determination denying a request

for access in any respect shall notify the

requester of that determination in

writing. Adverse determinations, or

denials of requests, consist of: a

determination to withhold any

requested record in whole or in part; a

determination that a requested record

does not exist or cannot be located; a

determination that what has been

requested is not a record subject to the

Privacy Act; a determination on any

disputed fee matter; and a denial of a

request for expedited treatment. The

notification letter shall be signed by the

head of the component, or the

component head’s designee, and shall

include:

(1) The name and title or position of

the person responsible for the denial;

(2) A brief statement of the reason(s)

for the denial, including any Privacy

Act exemption(s) applied by the

component in denying the request; and

(3) A statement that the denial may be

appealed under § 16.45(a) and a

description of the requirements of

§ 16.45(a).

§ 16.44 Classified information.

In processing a request for access to

a record containing information that is

classified under Executive Order 12958

or any other executive order, the

originating component shall review the

information to determine whether it

should remain classified. Information

determined to no longer require

classification shall not be withheld from

a requester on the basis of Exemption

(k)(1) of the Privacy Act. On receipt of

any appeal involving classified
45194 Federal Register / Vol. 62, No. 165 / Tuesday, August 26, 1997 / Proposed Rules

information, the Office of Information

and Privacy shall take appropriate

action to ensure compliance with part

17 of this title.

§ 16.45 Appeals from denials of requests

for access to records.

(a) Appeals. If you are dissatisfied

with a component’s response to your

request for access to records, you may

appeal an adverse determination

denying your request in any respect to

the Office of Information and Privacy,

U.S. Department of Justice, Flag

Building, Suite 570, Washington, DC

20530–0001. You must make your

appeal in writing and it must be

received by the Office of Information

and Privacy within 60 days of the date

of the letter denying your request. Your

appeal letter may include as much or as

little related information as you wish, as

long as it clearly identifies the

component determination (including

the assigned request number, if known)

that you are appealing. For the quickest

possible handling, you should mark

both your appeal letter and the envelope

‘‘Privacy Act Appeal.’’ Unless the

Attorney General directs otherwise, a

Director of the Office of Information and

Privacy will act on behalf of the

Attorney General on all appeals under

this section, except that:

(1) In the case of an adverse

determination by the Deputy Attorney

General or the Associate Attorney

General, the Attorney General or the

Attorney General’s designee will act on

the appeal;

(2) An adverse determination by the

Attorney General will be the final action

of the Department; and

(3) An appeal ordinarily will not be

acted on if the request becomes a matter

of litigation.

(b) Responses to appeals. The

decision on your appeal will be made in

writing. A decision affirming an adverse

determination in whole or in part will

include a brief statement of the reason(s)

for the affirmance, including any

Privacy Act exemption applied, and will

inform you of the Privacy Act

provisions for court review of the

decision. If the adverse determination is

reversed or modified on appeal in whole

or in part, you will be notified in a

written decision and your request will

be reprocessed in accordance with that

appeal decision.

(c) When appeal is required. If you

wish to seek review by a court of any

adverse determination or denial of a

request, you must first appeal it under

this section.

§ 16.46 Requests for amendment or

correction of records.

(a) How made and addressed. Unless

the record is not subject to amendment

or correction as stated in paragraph (f)

of this section, you may make a request

for amendment or correction of a

Department of Justice record about

yourself by writing directly to the

Department component that maintains

the record, following the procedures in

§ 16.41. Your request should identify

each particular record in question, state

the amendment or correction that you

want, and state why you believe that the

record is not accurate, relevant, timely,

or complete. You may submit any

documentation that you think would be

helpful. If you believe that the same

record is in more than one system of

records, you should state that and

address your request to each component

that maintains a system of records

containing the record.

(b) Component responses. Within ten

working days of receiving your request

for amendment or correction of records,

a component shall send you a written

acknowledgement of its receipt of your

request, and it shall promptly notify you

whether your request is granted or

denied. If the component grants your

request in whole or in part, it shall

describe the amendment or correction

made and shall advise you of your right

to obtain a copy of the corrected or

amended record, in disclosable form. If

the component denies your request in

whole or in part, it shall send you a

letter signed by the head of the

component, or the component head’s

designee, that shall state:

(1) The reason(s) for the denial; and

(2) The procedure for appeal of the

denial under paragraph (c) of this

section, including the name and

business address of the official who will

act on your appeal.

(c) Appeals. You may appeal a denial

of a request for amendment or

correction to the Office of Information

and Privacy in the same manner as a

denial of a request for access to records

(see § 16.45) and the same procedures

shall be followed. If your appeal is

denied, you shall be advised of your

right to file a Statement of Disagreement

as described in paragraph (d) of this

section and of your right under the

Privacy Act for court review of the

decision.

(d) Statements of Disagreement. If

your appeal under this section is denied

in whole or in part, you have the right

to file a Statement of Disagreement that

states your reason(s) for disagreeing

with the Department’s denial of your

request for amendment or correction.

Statements of Disagreement must be

concise, must clearly identify each part

of any record that is disputed, and

should be no longer than one typed page

for each fact disputed. Your Statement

of Disagreement must be sent to the

component involved, which shall place

it in the system of records in which the

disputed record is maintained and shall

mark the disputed record to indicate

that a Statement of Disagreement has

been filed and where in the system of

records it may be found.

(e) Notification of amendment/

correction or disagreement. Within 30

working days of the amendment or

correction of a record, the component

that maintains the record shall notify all

persons, organizations, or agencies to

which it previously disclosed the

record, if an accounting of that

disclosure was made, that the record has

been amended or corrected. If an

individual has filed a Statement of

Disagreement, the component shall

append a copy of it to the disputed

record whenever the record is disclosed

and may also append a concise

statement of its reason(s) for denying the

request to amend or correct the record.

(f) Records not subject to amendment

or correction. The following records are

not subject to amendment or correction:

(1) Transcripts of testimony given

under oath or written statements made

under oath;

(2) Transcripts of grand jury

proceedings, judicial proceedings, or

quasi-judicial proceedings, which are

the official record of those proceedings;

(3) Presentence records that originated

with the courts; and

(4) Records in systems of records that

have been exempted from amendment

and correction under Privacy Act, 5

U.S.C. 552a(j) or (k) by notice published

in the Federal Register.

§ 16.47 Requests for an accounting of

record disclosures.

(a) How made and addressed. Except

where accountings of disclosures are not

required to be kept (as stated in

paragraph (b) of this section), you may

make a request for an accounting of any

disclosure that has been made by the

Department to another person,

organization, or agency of any record

about you. This accounting contains the

date, nature, and purpose of each

disclosure, as well as the name and

address of the person, organization, or

agency to which the disclosure was

made. Your request for an accounting

should identify each particular record in

question and should be made by writing

directly to the Department component

that maintains the record, following the

procedures in § 16.41.
Federal Register / Vol. 62, No. 165 / Tuesday, August 26, 1997 / Proposed Rules 45195

(b) Where accountings are not

required. Components are not required

to provide accountings to you where

they relate to:

(1) Disclosures for which accountings

are not required to be kept—in other

words, disclosures that are made to

employees within the agency and

disclosures that are made under the

FOIA;

(2) Disclosures made to law

enforcement agencies for authorized law

enforcement activities in response to

written requests from those law

enforcement agencies specifying the law

enforcement activities for which the

disclosures are sought; or

(3) Disclosures made from law

enforcement systems of records that

have been exempted from accounting

requirements.

(c) Appeals. You may appeal a denial

of a request for an accounting to the

Office of Information and Privacy in the

same manner as a denial of a request for

access to records (see § 16.45) and the

same procedures will be followed.

§ 16.48 Preservation of records.

Each component will preserve all

correspondence pertaining to the

requests that it receives under this

subpart, as well as copies of all

requested records, until disposition or

destruction is authorized by title 44 of

the United States Code or the National

Archives and Records Administration’s

General Records Schedule 14. Records

will not be disposed of while they are

the subject of a pending request, appeal,

or lawsuit under the Act.

§ 16.49 Fees.

Components shall charge fees for

duplication of records under the Privacy

Act in the same way in which they

charge duplication fees under § 16.11.

No search or review fee may be charged

for any record unless the record has

been exempted from access under

Exemptions (j)(2) or (k)(2) of the Privacy

Act.

§ 16.50 Notice of court-ordered and

emergency disclosures.

(a) Court-ordered disclosures. When a

record pertaining to an individual is

required to be disclosed by a court

order, the component shall make

reasonable efforts to provide notice of

this to the individual. Notice shall be

given within a reasonable time after the

component’s receipt of the order—

except that in a case in which the order

is not a matter of public record, the

notice shall be given only after the order

becomes public. This notice shall be

mailed to the individual’s last known

address and shall contain a copy of the

order and a description of the

information disclosed. Notice shall not

be given if disclosure is made from a

criminal law enforcement system of

records that has been exempted from the

notice requirement.

(b) Emergency disclosures. Upon

disclosing a record pertaining to an

individual made under compelling

circumstances affecting health or safety,

the component shall notify that

individual of the disclosure. This notice

shall be mailed to the individual’s last

known address and shall state the

nature of the information disclosed; the

person, organization, or agency to which

it was disclosed; the date of disclosure;

and the compelling circumstances

justifying the disclosure.

§ 16.51 Security of systems of records.

(a) Each component shall establish

administrative and physical controls to

prevent unauthorized access to its

systems of records, to prevent

unauthorized disclosure of records, and

to prevent physical damage to or

destruction of records. The stringency of

these controls shall correspond to the

sensitivity of the records that the

controls protect. At a minimum, each

component’s administrative and

physical controls shall ensure that:

(1) Records are protected from public

view;

(2) The area in which records are kept

is supervised during business hours to

prevent unauthorized persons from

having access to them;

(3) Records are inaccessible to

unauthorized persons outside of

business hours; and

(4) Records are not disclosed to

unauthorized persons or under

unauthorized circumstances in either

verbal or written form.

(b) Each component shall have

procedures that restrict access to records

to only those individuals within the

Department who must have access to

those records in order to perform their

duties and that prevent inadvertent

disclosure of records.

§ 16.52 Contracts for the operation of

record systems.

Any approved contract for the

operation of a record system will

contain the standard contract

requirements issued by the General

Services Administration to ensure

compliance with the requirements of the

Privacy Act for that record system. The

contracting component will be

responsible for ensuring that the

contractor complies with these contract

requirements.

§ 16.53 Use and collection of social

security numbers.

Each component shall ensure that

employees authorized to collect

information are aware:

(a) That individuals may not be

denied any right, benefit, or privilege as

a result of refusing to provide their

social security numbers, unless the

collection is authorized either by a

statute or by a regulation issued prior to

1975; and

(b) That individuals requested to

provide their social security numbers

must be informed of:

(1) Whether providing social security

numbers is mandatory or voluntary;

(2) Any statutory or regulatory

authority that authorizes the collection

of social security numbers; and

(3) The uses that will be made of the

numbers.

§ 16.54 Employee standards of conduct.

Each component will inform its

employees of the provisions of the

Privacy Act, including the Act’s civil

liability and criminal penalty

provisions. Unless otherwise permitted

by law, an employee of the Department

of Justice shall:

(a) Collect from individuals only the

information that is relevant and

necessary to discharge the

responsibilities of the Department;

(b) Collect information about an

individual directly from that individual

whenever practicable;

(c) Inform each individual from whom

information is collected of:

(1) The legal authority to collect the

information and whether providing it is

mandatory or voluntary;

(2) The principal purpose for which

the Department intends to use the

information;

(3) The routine uses the Department

may make of the information; and

(4) The effects on the individual, if

any, of not providing the information;

(d) Ensure that the component

maintains no system of records without

public notice and that it notifies

appropriate Department officials of the

existence or development of any system

of records that is not the subject of a

current or planned public notice;

(e) Maintain all records that are used

by the Department in making any

determination about an individual with

such accuracy, relevance, timeliness,

and completeness as is reasonably

necessary to ensure fairness to the

individual in the determination;

(f) Except as to disclosures made to an

agency or made under the FOIA, make

reasonable efforts, prior to

disseminating any record about an

individual, to ensure that the record is

accurate, relevant, timely, and complete;
45196 Federal Register / Vol. 62, No. 165 / Tuesday, August 26, 1997 / Proposed Rules

(g) Maintain no record describing how

an individual exercises his or her First

Amendment rights, unless it is

expressly authorized by statute or by the

individual about whom the record is

maintained, or is pertinent to and

within the scope of an authorized law

enforcement activity;

(h) When required by the Act,

maintain an accounting in the specified

form of all disclosures of records by the

Department to persons, organizations, or

agencies;

(i) Maintain and use records with care

to prevent the unauthorized or

inadvertent disclosure of a record to

anyone; and

(j) Notify the appropriate Department

official of any record that contains

information that the Privacy Act does

not permit the Department to maintain.

§ 16.55 Other rights and services.

Nothing in this subpart shall be

construed to entitle any person, as of

right, to any service or to the disclosure

of any record to which such person is

not entitled under the Privacy Act.

4. Appendix I of part 16 is revised to

read as follows:

Appendix I to Part 16—Components of

the Department of Justice

Unless a separate address is listed below,

the address for each component is:

[component name], U.S. Department of

Justice, 950 Pennsylvania Avenue, NW.,

Washington, DC 20530–0001. For all

components marked by an asterisk, FOIA and

Privacy Act requests should be sent to the

Office of Information and Privacy, U.S.

Department of Justice, Flag Bldg., Suite 570,

Washington, DC 20530–0001. The

components are:

A.

Office of the Attorney General *

Office of the Deputy Attorney General *

Office of the Associate Attorney General *

Office of the Solicitor General

B.

Office of Information and Privacy *

Office of the Inspector General

Office of Intelligence Policy and Review

Office of Investigative Agency Policies

Office of Legal Counsel

Office of Legislative Affairs *

Office of Policy Development *

Office of Professional Responsibility

Office of Public Affairs *

C.

Antitrust Division, U.S. Department of

Justice, LPB Bldg., Suite 200,

Washington, DC 20530–0001

Civil Division, U.S. Department of Justice,

901E Bldg., Room 808, Washington, DC

20530–0001

Civil Rights Division, U.S. Department of

Justice, NYAV Bldg., Room 8000B,

Washington, DC 20530–0001

Criminal Division, U.S. Department of

Justice, WCTR Bldg., Suite 1075,

Washington, DC 20530–0001

Environment and Natural Resources

Division

Justice Management Division

Tax Division, U.S. Department of Justice,

JCB Bldg., Room 6823, Washington, DC

20530–0001

Bureau of Prisons, U.S. Department of

Justice, HOLC Bldg., Room 714, 320 First

Street, NW., Washington, DC 20534–

0001

Community Relations Service, U.S.

Department of Justice, BICN Bldg., Suite

2000, Washington, DC 20350–0001

Drug Enforcement Administration, U.S.

Department of Justice, Washington, DC

20537–0001

Executive Office for Immigration Review,

U.S. Department of Justice, Suite 2400,

5107 Leesburg Pike, Falls Church, VA

22041–0001

Executive Office for United States

Attorneys, U.S. Department of Justice,

BICN Bldg., Room 7100, Washington, DC

20350–0001

Executive Office for United States Trustees,

U.S. Department of Justice, 901E Bldg.,

Room 780, Washington, DC 20530–0001

Federal Bureau of Investigation, U.S.

Department of Justice, 935 Pennsylvania

Avenue, NW., Washington, DC 20535–

0001 (for field offices, consult your

telephone book)

Foreign Claims Settlement Commission,

U.S. Department of Justice, BICN Bldg.,

Room 6002, 600 E Street, NW.,

Washington, DC 20579–0001

Immigration and Naturalization Service,

U.S. Department of Justice, CAB Bldg.,

425 Eye Street, NW., Washington, DC

20536–0001 (for field offices, consult

your telephone book)

INTERPOL-U.S. National Central Bureau,

U.S. Department of Justice, BICN Bldg.,

Washington, DC 20350–0001

National Drug Intelligence Center, U.S.

Department of Justice, Fifth Floor, 319

Washington Street, Johnstown, PA

15901–1622

Office of Community Oriented Policing

Services, U.S. Department of Justice, VT1

Bldg., Room 1000, Washington, DC

20530–0001

Office of Justice Programs, U.S. Department

of Justice, IND Bldg., Room 1245, 633

Indiana Avenue, NW., Washington, DC

20531–0001

Pardon Attorney, U.S. Department of

Justice, FRST Bldg., Fourth Floor,

Washington, DC 20530–0001

United States Marshals Service, U.S.

Department of Justice, Lincoln Place,

Room 1250, 600 Army Navy Drive,

Arlington, VA 22202–4210

PART 50—STATEMENTS OF POLICY

5. The authority citation for part 50

continues to read as follows:

Authority: 5 U.S.C. 301; 28 U.S.C. 509,

510, and 42 U.S.C. 1921 et seq., 1973c.

§ 50.8 [Removed and reserved]

6. Section 50.8 is removed and

reserved.

Dated: August 13, 1997.

Janet Reno,

Attorney General.

[FR Doc. 97–22079 Filed 8–25–97; 8:45 am]

BILLING CODE 4410–BE–P

DEPARTMENT OF DEFENSE

Office of the Secretary

32 CFR Part 199

RIN 0720–AA41

Civilian Health and Medical Program of

the Uniformed Services (CHAMPUS);

Exception to the CHAMPUS Dual

Compensation/Conflict of Interest

Provisions

AGENCY: Office of the Secretary, DoD.

ACTION: Proposed Rule.

SUMMARY: This proposed rule provides

an exception to the CHAMPUS dual

compensation/conflict of interest

provisions. This exception is for parttime physician employees of

government agencies.

DATES: Comments must be submitted on

or before October 27, 1997.

ADDRESSES: Forward comments to the

Office of the Civilian Health and

Medical Program of the Uniformed

Services (OCHAMPUS), Program

Development Branch, Aurora, CO

80045-6900.

FOR FURTHER INFORMATION CONTACT:

Stephen E. Isaacson, Program

Development Branch, OCHAMPUS,

telephone (303) 361-1172.

SUPPLEMENTARY INFORMATION: This

proposed rule provides for an exception

to the CHAMPUS dual compensation/

conflict of interest provisions.

Currently, any individual who is a

civilian employee of the United States

government cannot be authorized by

CHAMPUS as a provider of medical

services. The justification for this

prohibition is twofold. First, it is

believed that such individuals should

not receive additional government

compensation above their normal pay

and allowances for providing medical

services to CHAMPUS beneficiaries.

Second, payment for services provided

to CHAMPUS beneficiaries poses

potential or actual conflict of interest

situations since there is a potential for

personal gain by government employees

by referring patients to their private (i.e.,

non-government) practice.

Clearly there could be situations

where a government employee provides

services to a CHAMPUS beneficiary

without a conflict of interest. However,

the number of claims processed by