Federal Register / Vol. 61, No. 115 / Thursday, June 13, 1996 / Proposed Rules 30009

(9) ‘‘1984 Report of the Joint National

Committee on Detection, Evaluation, and

Treatment of High Blood Pressure,’’ United

States Department of Health and Human

Services and United States Public Health

Service, National Institutes of Health,

Publication No. NIH 84–1088, 1984.

Dated: June 5, 1996.

William K. Hubbard,

Associate Commissioner for Policy

Coordination.

[FR Doc. 96–14894 Filed 6–12–96; 8:45 am]

BILLING CODE 4160–01–F

ARMS CONTROL AND DISARMAMENT

AGENCY

22 CFR Part 603

Privacy Act Policy and Procedures

AGENCY: Arms Control and Disarmament

Agency.

ACTION: Notice of proposed rulemaking.

SUMMARY: The United States Arms

Control and Disarmament Agency

(ACDA) proposes to revise and restate in

their entirety its rules that govern the

means by which individuals can

examine and request correction of

ACDA records containing personal

information. By clarifying these rules,

this proposal will help the public

interact better with ACDA and is part of

ACDA’s effort to update and streamline

its regulations. ACDA invites comments

from interested groups and members of

the public on the proposed regulations.

DATES: To be considered, comments

must be delivered by mail or in person

to the address, or faxed to the telephone

number, listed below by 5 p.m. on

Friday, July 19, 1996.

ADDRESSES: Comments should be

directed to the Office of the General

Counsel, United States Arms Control

and Disarmament Agency, Room 5635,

320 21st Street, NW., Washington, DC

20451; FAX (202) 647–0024. Comments

will be available for inspection between

8:15 a.m. and 5 p.m. at the same

address.

FOR FURTHER INFORMATION CONTACT:

Frederick Smith, Jr., United States Arms

Control and Disarmament Agency,

Room 5635, 320 21st Street, NW.,

Washington, DC 20451, telephone (202)

647–3596.

SUPPLEMENTARY INFORMATION: ACDA

proposes to update, clarify, reorganize,

and streamline its rules implementing

the Privacy Act, as amended. In

addition to containing internal policies

and procedures, these regulations set

forth procedures whereby an individual

can determine if a system of records

maintained by ACDA contains records

pertaining to the individual and can

request disclosure and amendment of

such records. These regulations also set

forth the bases for denying amendment

requests and the procedures for

appealing such denials. ACDA does not

intend the proposed rules to materially

affect current ACDA standards, policies,

or practices.

Regulatory Flexibility Act Certification

It is hereby certified that the proposed

rule will not have a significant

economic impact on a substantial

number of small entities. Accordingly, a

regulatory flexibility analysis is not

required.

Executive Order 12866 Determination

ACDA has determined that the

proposed rule is not a significant

regulatory action within the meaning of

section 3(f) of that Executive Order.

Paperwork Reduction Act Statement

The proposed rule is not subject to the

provisions of the Paperwork Reduction

Act because it does not contain any

information collection requirements

within the meaning of that Act.

Unfunded Mandates Act Determination

ACDA has determined that the

proposed rule will not result in

expenditures by state, local, and tribal

governments, or by the private sector, of

more than $100 million in any one year.

Accordingly, a budgetary impact

statement is not required under section

202 of the Unfunded Mandates Reform

Act of 1995, 2 U.S.C. 1532.

List of Subjects in 22 CFR Part 603

Privacy Act.

The Proposed Regulations

ACDA proposes to revise 22 CFR part

603 to read as follows:

PART 603—PRIVACY ACT POLICY

AND PROCEDURES

Sec.

603.1 Purpose and scope.

603.2 Definitions.

603.3 Policy.

603.4 Requests for determination of

existence of records.

603.5 Requests for disclosure to an

individual of records pertaining to the

individual.

603.6 Requests for amendment of records.

603.7 Appeals from denials of requests.

603.8 Exemptions.

603.9 New and amended systems of

records.

603.10 Fees.

Authority: 5 U.S.C. 552a; 22 U.S.C. 2581;

and 31 U.S.C. 9701.

§ 603.1 Purpose and scope.

This part 603 contains the regulations

of the U.S. Arms Control and

Disarmament Agency implementing the

provisions of the Privacy Act of 1974, 5

U.S.C. 552a. In addition to containing

internal policies and procedures, these

regulations set forth procedures

whereby an individual can determine if

a system of records maintained by the

Agency contains records pertaining to

the individual and can request

disclosure and amendment of such

records. These regulations also set forth

the bases for denying amendment

requests and the procedures for

appealing such denials.

§ 603.2 Definitions.

As used in this part:

(a) Act means the Privacy Act of 1974,

5 U.S.C. 552a.

(b) ACDA and Agency mean the U.S.

Arms Control and Disarmament Agency.

(c) Privacy Act Officer means the

Agency official who receives and acts

upon inquiries, requests for access and

requests for amendment.

(d) Deputy Director means the Deputy

Director of the Agency.

(e) Individual means a citizen of the

United States or an alien lawfully

admitted for permanent residence;

(f) Maintain includes maintain,

collect, use, or disseminate;

(g) Record means any item, collection,

or grouping of information about an

individual that is maintained by an

agency, including, but not limited to,

education, financial transactions,

medical history, and criminal or

employment history and that contains

the name of, or the identifying number,

symbol, or other identification

particularly assigned to, the individual,

such as a finger or voice print or a

photograph;

(h) System of records means a group

of any records under the control of any

agency from which information is

retrieved by the name of the individual

or by some identifying number, symbol,

or other identification particularly

assigned to the individual;

(i) Statistical record means a record in

a system of records maintained for

statistical research or reporting purposes

only and not used in whole or in part

in making any determination about an

identifiable individual, except as

provided by section 8 of title 13 U.S.C.;

and

(j) Routine use means, with respect to

the disclosure of a record, the use of

such record for a purpose which is

compatible with the purpose for which

it was collected.
30010 Federal Register / Vol. 61, No. 115 / Thursday, June 13, 1996 / Proposed Rules

§ 603.3 Policy.

(a) It is the policy of the Agency that

only such information about an

individual as is relevant and necessary

to accomplish a purpose of the Agency

required to be accomplished by statute

or by executive order of the President

shall be maintained in an Agency

record. No information about the

political or religious beliefs and

activities of an individual will be

maintained within such records unless

specifically authorized by statute or by

the subject individual, or unless

pertinent to and within the scope of a

law enforcement activity.

(b) The Agency will not disclose any

record that is contained in a system of

records to any person, or to another

agency, except pursuant to a written

request by, or with the prior written

consent of, the individual to whom the

record pertains, unless disclosure of the

record is:

(1) To those officers and employees of

the Agency who have a need for the

record in the performance of their

duties;

(2) Required under the Freedom of

Information Act, as amended (5 U.S.C.

552);

(3) For a routine use, notice of which

has been published in accordance with

the Act;

(4) To the Bureau of the Census for

purposes of planning or carrying out a

census or survey or related activity

pursuant to the provisions of title 13

U.S.C.;

(5) To a recipient who has provided

the Agency with advance adequate

written assurance that the record will be

used solely as a statistical research or

reporting record, and the record is to be

transferred in a form that is not

individually identifiable;

(6) To the National Archives of the

United States as a record that has

sufficient historical or other value to

warrant its continued preservation by

the United States Government, or for

evaluation by the Administrator of

General Services or his/her designee to

determine whether the record has such

value;

(7) To another agency or to an

instrumentality of any governmental

jurisdiction within or under the control

of the United States for a civil or

criminal law enforcement activity if the

activity is authorized by law, and if the

head of the agency or instrumentality

has made a written request to the

Agency that maintains the record

specifying the particular portion desired

and the law enforcement activity for

which the record is sought;

(8) To a person pursuant to a showing

of compelling circumstances affecting

the health or safety of an individual if

upon such disclosure notification is

transmitted to the last known address of

such individual;

(9) To either House of Congress, or, to

the extent of matter within its

jurisdiction, any committee or

subcommittee thereof, any joint

committee of Congress or subcommittee

of any such joint committee;

(10) To the Comptroller General, or

any authorized representatives, in the

course of the performance of the duties

of the General Accounting Office; or

(11) Pursuant to the order of a court

of competent jurisdiction.

(c) Except for disclosures of

information to Agency employees

having need for the information in the

official performance of their duties or

required under the provisions of the

Freedom of Information Act, an accurate

accounting of each disclosure will be

made and retained for five years after

the disclosure or for the life of the

record, whichever is longer. The

accounting will include the date, nature,

and purpose of each disclosure and the

name and address of the person or

agency to whom the disclosure is made.

Each such disclosure, unless made to

agencies engaged in law enforcement

activities in accordance with paragraph

(b)(7) of this section, will be made

available to the individual upon request.

(d) To the greatest extent practicable,

information that may result in an

adverse determination about an

individual shall be collected from that

individual, and the individual will be

informed of the purposes for which the

information will be used and any rights,

benefits, and obligations with respect to

supplying the data.

(e) The Agency shall ensure that all

records that are used by the Agency to

make a determination about any

individual are maintained with such

accuracy, relevance, timeliness and

completeness as is reasonably necessary

to assure fairness to the individual.

Whenever information about an

individual contained in an Agency

record is used or disclosed, the

custodian of the system of records in

which the record is located will make

every effort to ensure that it is accurate,

relevant, timely and complete.

(f) The Agency shall establish

appropriate administrative, technical,

and physical safeguards to ensure that

records are disclosed only to those who

are authorized to have access to them

and to protect against any anticipated

threats or hazards to their security or

integrity that would result in substantial

harm, embarrassment, inconvenience, or

unfairness to any individual on whom

information is maintained.

(g) Agency records pertaining to an

individual shall be made available to

that individual to the greatest extent

possible.

(h) No lists of names and addresses

will be rented or sold unless such action

is specifically authorized by law,

provided that names and addresses

otherwise permitted to be made public

will not necessarily be withheld when

requested.

(i) All requests for information under

the Privacy Act received by the Agency

will be acted upon as promptly as

possible.

§ 603.4 Requests for determination of

existence of records.

Any individual desiring to know

whether any system of records

maintained by the Agency contains a

record pertaining to the individual shall

send a written request to the Privacy Act

Officer, U.S. Arms Control and

Disarmament Agency, 320 21st Street,

NW., Washington, DC 20451. All

requests for determination of the

existence of records should include

sufficient information to identify the

system of records, such as its name or

Federal Register identifier number if

known, in addition to such identifying

information as the individual’s name

and date of birth.

§ 603.5 Requests for disclosure to an

individual of records pertaining to the

individual.

(a) An individual desiring access to or

copies of records maintained by the

Agency shall send a written request to

the Privacy Act Officer, U.S. Arms

Control and Disarmament Agency, 320

21st Street, NW., Washington, DC

20451. All requests for disclosure to an

individual of records pertaining to that

individual should include sufficient

information to identify the record or

system of records such as its name or

Federal Register identifier number if

known, in addition to such identifying

information as the individual’s name

and date of birth.

(b)(1) Except as provided in paragraph

(b)(2) of this section:

(i) If the individual making a written

request is not personally known to the

Privacy Act Officer or to other Agency

personnel processing the request, the

written request must include

satisfactory evidence that the requester

is in fact the individual to whom the

requested records pertain. For this

purpose, the Agency normally will be

satisfied by the receipt of the requester’s

statement of identity made under

penalty of perjury.

(ii) If the individual making a request

in person is not personally known to the
Federal Register / Vol. 61, No. 115 / Thursday, June 13, 1996 / Proposed Rules 30011

Privacy Act Officer or to other Agency

personnel processing the request, the

requester must present two

identification documents (at least one of

which must bear the requester’s picture)

containing the individual’s signature

and other suitable evidence of identity.

Examples of acceptable evidence are a

driver’s license, passport, employee

identification card, or military

identification card.

(2) Evidence that the requester is in

fact the individual to whom the

requested records pertain is not required

for information that would be required

to be made available to a third party

under the Freedom of Information Act

(5 U.S.C. 552).

(c)(1) Access to or copies of records

requested pursuant to this section shall

be furnished except as provided in

paragraph (c)(3) of this section:

(i) To an individual making a request

in person, upon verification of personal

identity as required in paragraph (b) of

this section, to that individual, and if

the individual is accompanied by any

other person, upon the individual’s

request, to that person, except that the

Agency may require the individual to

furnish a written statement authorizing

disclosure of the individual’s record in

the presence of the accompanying

person.

(ii) To an authorized representative or

designee of an individual, if the

individual has provided verification of

personal identity as required in

paragraph (b) of this section, and

submits a signed, notarized statement

authorizing and consenting to access or

disclosure to the representative or

designee.

(iii) To a physician authorized by a

signed, notarized statement made by the

individual making the request, in the

event that the records requested are

medical records of such a nature that

the Privacy Act Officer has determined

that the release of such medical

information directly to the requester

could have an adverse effect on the

requester. The individual making the

request must also provide verification of

personal identity as required in

paragraph (b) of this section.

(2) Access to records or copies of

records requested shall be furnished as

promptly as possible.

(3) Access to or copies of records

requested pursuant to this section shall

not be granted if:

(i) The individual making the request

does not comply with the requirements

for verification of personal identity as

required in paragraph (b) of this section;

or

(ii) The records are exempt from

disclosure pursuant to § 603.8.

§ 603.6 Requests for amendment of

records.

(a) An individual may request

amendment of a record pertaining to

that individual by sending a written

request to the Privacy Act Officer, U.S.

Arms Control and Disarmament Agency,

320 21st Street, NW., Washington, DC

20451. The request should identify the

record sought to be amended, specify

the precise nature of the requested

amendment, and state why the requester

believes that the record is not accurate,

relevant, timely or complete.

(b) Not later than ten (10) days after

receipt of such request (excluding

Saturdays, Sundays and legal holidays),

the Privacy Act Officer will promptly:

(1) Make any correction of any portion

of the record pertaining to the

individual which the Agency considers

appropriate; and

(2) Inform the requester in writing of

the action taken by the Agency, of the

reasons for refusing to comply with any

portion of the request, and of the

procedures established by the Agency to

consider requests for review of such

refusals.

(c) The Privacy Act Officer will refuse

to amend a record if the information

therein is deemed by the Agency:

(1) To be relevant and necessary to

accomplish a purpose of the Agency

required to be accomplished by statute

or by executive order of the President;

and

(2) To be maintained with such

accuracy, relevance, timeliness and

completeness as is reasonably necessary

to assure fairness to the individual in

making any determination about the

individual; and

(3) Not to describe how the individual

exercises rights guaranteed by the First

Amendment unless expressly

authorized by statute or by the

individual about whom the record is

maintained.

(d) When the Privacy Act Officer

agrees to amend a record, written notice

that the record has been amended and

the substance of the amendment will be

sent to the last known address of all

previous recipients of that record shown

in Agency’s Privacy Act Requests File.

§ 603.7 Appeals from denials of requests.

(a) An individual who disagrees with

the refusal of the Privacy Act Officer to

disclose or amend a record may request

a review of such refusal within 30 days

of receipt of notice of the refusal. Such

request should be addressed to the

Deputy Director, U.S. Arms Control and

Disarmament Agency, 320 21st Street,

NW., Washington, DC 20451, and

should include a copy of the written

request that was refused, a copy of the

denial complained of, and reasons for

appeal from the denial.

(b) Review shall be made by the

Deputy Director on the submitted

record. No personal appearance, oral

argument, or hearing shall be permitted.

(c) Review will be completed and a

final determination made not later than

30 days (excluding Saturdays, Sundays

and legal holidays) from the date on

which the request for such review is

received. This 30-day limitation may be

extended, at the discretion of the

Agency for good cause shown. The

requester will be notified in writing of

the Agency’s final determination.

(d) If, after completion of the review,

the Deputy Director also refuses to

disclose or amend the record as

requested, the notice to the individual

will advise the individual of the right to

file with the Agency a concise statement

setting forth the reasons for

disagreement with this refusal.

(e) When an individual has filed with

the Agency a statement of disagreement

following a refusal to amend the record

as requested, the Agency will clearly

note that portion of the record that is

disputed and will send copies of the

statement of disagreement to the last

known address of all previous recipients

of the disputed record shown in the

Agency’s Privacy Act Requests File.

§ 603.8 Exemptions.

(a) As authorized by the Act, the

following categories of records are

hereby exempted from the requirements

of sections (c)(3), (d), (e)(4)(G), (H) and

(I), and (f) of 5 U.S.C. 552a, and will not

be disclosed to the individuals to which

they pertain:

(1) System of Records of ACDA–4—

Statements by Principals during the

Strategic Arms Limitation Talks, Mutual

Balanced Force Reduction negotiations,

and the Standing Consultative

Committee. This system contains

information classified pursuant to

Executive Order 12958 that is exempt

from disclosure by the Act (5 U.S.C.

522a(k)(1)) in that disclosure could

damage national security.

(2) System of Records ACDA–3—

Security Records. This system contains

investigatory material compiled for law

enforcement purposes which is exempt

from disclosure by the Act (5 U.S.C.

522a(k)(2)): Provided, however, that if

any individual is denied any right,

privilege, or benefit to which the

individual would otherwise be entitled

by Federal law, or for which the

individual would otherwise be eligible,

as a result of the maintenance of such

material, such material will be provided

to such individual, except to the extent

that disclosure of such material would
30012 Federal Register / Vol. 61, No. 115 / Thursday, June 13, 1996 / Proposed Rules

reveal the identity of a source who

furnished information to the

Government under an express promise

that the identity of the source would be

held in confidence, or, if furnished to

the Government prior to September 27,

1975, under an implied promise that the

identity of the source would be held in

confidence.

(3) Systems of Records ACDA–3—

Security Records. This system contains

investigatory materials compiled solely

for the purpose of determining

suitability, eligibility, or qualifications

for Federal civilian employment,

military service, Federal contracts, or

access to classified information which is

exempt from disclosure by the Act (5

U.S.C. 552a(k)(5)), but only to the extent

that disclosure of such material would

reveal the identity of a source who

furnished information to the

Government under an express promise

that the identity of the source would be

held in confidence, or, if furnished to

the Government prior to September 27,

1975, under an implied promise that the

identity of the source would be held in

confidence.

(b) Nothing in these regulations shall

be construed to allow an individual

access to:

(1) Any information compiled in

reasonable anticipation of a civil action

or proceeding; or

(2) Testing or examination material

used solely to determine individual

qualification for appointment or

promotion in the Federal Service, the

disclosure of which would compromise

the objectivity or fairness of the testing

or examination process.

§ 603.9 New and amended systems of

records.

(a) The Agency shall provide adequate

advance notice to Congress and to the

Office of Management and Budget of

any proposal to establish or alter any

system of records. Such notice shall be

in a form consistent with guidance on

content, format and timing issued by the

Office of Management and Budget.

(b) The Agency shall publish by

August 31 of each year in the Federal

Register a notice of the existence and

character of each system of records

maintained by the Agency. Such notice

shall be consistent with guidance on

format contained in the Act and issued

by the General Services Administration.

At least 30 days before any new or

changed routine use of records

contained within a system of records

can be made, the Agency shall publish

notice of such new or changed use in

the Federal Register.

§ 603.10 Fees.

Fees to be charged in responding to

requests under the Privacy Act shall be,

to the extent permitted by paragraph

(f)(5) of the Act, the rates established in

title 22 CFR 602.20 for responding to

requests under the Freedom of

Information Act.

Dated: May 30, 1996.

Mary Elizabeth Hoinkes,

General Counsel.

[FR Doc. 96–15027 Filed 6–12–96; 8:45 am]

BILLING CODE 6820–32–M

DEPARTMENT OF THE TREASURY

Internal Revenue Service

26 CFR Part 301

[GL–007–96]

RIN 1545–AU13

Sale of Seized Property

AGENCY: Internal Revenue Service (IRS),

Treasury.

ACTION: Notice of proposed rulemaking.

SUMMARY: This document contains

proposed regulations relating to the sale

of seized property. The proposed

regulations reflect changes concerning

the setting of a minimum price for

seized property by the Tax Reform Act

of 1986. The proposed regulations affect

all sales of seized property.

DATES: Written comments and requests

for a public hearing must be received by

September 11, 1996.

ADDRESSES: Send submissions to:

CC:DOM:CORP:R (GL–007–96), room

5228, Internal Revenue Service, POB

7604, Ben Franklin Station, Washington,

DC 20044. In the alternative,

submissions may be hand delivered to:

CC:DOM:CORP:R (GL–007–96), room

5228, Internal Revenue Service, 1111

Constitution Avenue NW., Washington,

DC.

FOR FURTHER INFORMATION CONTACT:

Concerning the regulations, Kevin B.

Connelly, (202) 622–3640 (not a toll-free

number).

SUPPLEMENTARY INFORMATION:

Background

This document contains proposed

amendments to the Procedure and

Administration Regulations (26 CFR

part 301) relating to the sale of seized

property under section 6335 of the

Internal Revenue Code (Code). The Tax

Reform Act of 1986 amended section

6335(e), relating to the manner and

conditions of sale, to authorize the

Secretary to determine whether it would

be in the best interest of the United

States to buy seized property at the

minimum price set by the Secretary.

These proposed regulations reflect this

change.

Explanation of Provisions

Section 1570 of the Tax Reform Act of

1986 amended section 6335(e) of the

Code to require the Secretary to

determine before the sale of seized

property whether it would be in the best

interest of the United States to purchase

such property at the minimum price set

by the Secretary. The best interest

determination is to be based on criteria

prescribed by the Secretary. If, at the

sale, one or more persons offer at least

the minimum price, the property shall

be sold to the highest bidder. If no one

offers at least the minimum price and

the Secretary has determined that it

would be in the best interest of the

United States to purchase the property

for the minimum price, the property

will be declared sold to the United

States for the minimum price. If no one

offers the minimum price and the

Secretary has not determined that it

would be in the best interest of the

United States to purchase the property

for the minimum price, the property

shall be released to the owner of the

property and the expense of the levy

and sale shall be added to the amount

of tax for the collection of which the

United States made the levy. Any

property released shall remain subject to

any lien imposed by subchapter C of

chapter 64 of subtitle F of the Code.

The proposed regulations reflect the

changes made by the Tax Reform Act of

1986. The regulations propose to

authorize district directors to make the

required determination whether it

would be in the best interest of the

United States to purchase seized

property for the minimum price. In

addition, the regulations propose to set

forth factors the district director may

consider when determining the best

interest of the United States. The district

director may consider all relevant facts

and circumstances including for

example: (1) marketability of the

property; (2) cost of maintaining the

property; (3) cost of repairing or

restoring the property; (4) cost of

transporting the property; (5) cost of

safeguarding the property; (6) cost of

potential toxic waste cleanup; and (7)

other factors pertinent to the type of

property.

Special Analyses

It has been determined that this notice

of proposed rulemaking is not a

significant regulatory action as defined

in EO 12866. Therefore, a regulatory