Privacy Act, 8614-8618 [2014-03039]

Download as PDF 8614 Federal Register / Vol. 79, No. 30 / Thursday, February 13, 2014 / Rules and Regulations emcdonald on DSK67QTVN1PROD with RULES Washington, DC 20527. Examples of adverse determinations are provided in § 706.31(c). The requester must make the appeal in writing and it must be postmarked, or in the case of electronic submissions, transmitted, within twenty working days following the date on which the requester receives OPIC’s denial. Appeals that have not been postmarked or transmitted within the twenty days will be considered untimely and will be administratively closed with notice to the requester. The appeal letter should include the assigned request number. The requester should mark both the appeal letter and envelope, or subject line of the electronic transmission, ‘‘Freedom of Information Act Appeal.’’ (b) Adjudication of appeals. OPIC’s Vice President and General Counsel or his/her designee will render a written decision within twenty working days after the date of OPIC’s receipt of the appeal, unless an extension of up to ten working days is deemed necessary due to unusual circumstances. The requester will be notified in writing of any extension. (c) Decisions on appeals. A decision that upholds the initial determination will contain a written statement that identifies the reasons for the affirmance, including any FOIA exemptions applied, and will provide the requester with notification of the statutory right to file a lawsuit or the ability to request mediation from the Office of Government Information Services. If an initial determination is remanded or modified on appeal the requester will be notified in writing. OPIC’s FOIA Office will then process the request in accordance with that appeal determination and respond directly to the requester. If an appeal is granted in whole or in part, the information will be made available promptly, provided the requirements of § 706.22 regarding payment of fees are satisfied. (d) When appeal is required. Before seeking court review, a requester generally must first submit a timely administrative appeal. Dated: January 28, 2014. Nichole Cadiente, Administrative Counsel, Department of Legal Affairs. [FR Doc. 2014–03040 Filed 2–12–14; 8:45 am] BILLING CODE P VerDate Mar<15>2010 16:25 Feb 12, 2014 Jkt 232001 OVERSEAS PRIVATE INVESTMENT CORPORATION 22 CFR Part 707 [No. PA–2013] Privacy Act Overseas Private Investment Corporation. ACTION: Final rule. AGENCY: This final rule implements revisions to the Overseas Private Investment Corporation’s (‘‘OPIC’’) Privacy Act (‘‘PA’’) regulations by making substantive and administrative changes. These revisions are intended to supersede OPIC’s current PA regulations, located at this Part. The proposed rule updates the agency’s address, makes administrative changes to reflect OPIC’s cost, and organizes the regulations to more closely match those of other agencies for ease of reference. DATES: This rule is effective February 14, 2014. FOR FURTHER INFORMATION CONTACT: Nichole Cadiente, Administrative Counsel, (202)336–8400, or foia@opic.gov. SUMMARY: The revision of Part 707 incorporates changes to the language and structure of the regulations. Requesters are now provided more detail on the types of identity verification that may suffice for PA requests. OPIC published a proposed rule on December 6, 2013 in 78 FR 73466 and invited interested parties to submit comments. OPIC received no comments on its proposed Privacy Act rule and therefore resubmits it as a final rule with one change. The fee for photocopy reproductions has been reduced from $0.15 to $0.10. SUPPLEMENTARY INFORMATION: Regulatory Flexibility Act (5 U.S.C. 601 et seq.) Pursuant to the Regulatory Flexibility Act, 5 U.S.C. 601 et seq., the head of OPIC has certified that this final rule will not have a significant economic impact on a substantial number of small entities. The rule implements the PA, a statute concerning access to and corrections to records about an individual, and does not economically impact Federal Government relations with the private sector. Further, under the PA, agencies may recover only the direct costs of duplicating the records processes for requesters. Based on OPIC’s experience, these fees are nominal. PO 00000 Frm 00012 Fmt 4700 Sfmt 4700 Executive Order 12866 OPIC is exempted from the requirements of this Executive Order per the Office of Management and Budget’s October 12, 1993 memorandum. Accordingly, OMB did not review this final rule. However this rule was generally composed with the principles stated in section 1(b) of the Executive Order in mind. Unfunded Mandates Reform Act of 1995 (2 U.S.C. 202–05) This final 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 (5 U.S.C. 801 et seq.) This rule is not a major rule as defined by section 804 of the Small Business Regulatory Enforcement Fairness Act of 1996. This regulation 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 State based companies to compete with foreign-based companies in domestic and export markets. List of Subjects in 22 CFR Part 707 Administrative practice and procedure, Privacy. For the reasons stated in the preamble the Overseas Private Investment Corporation revises 22 CFR Part 707 as follows: PART 707—ACCESS TO AND SAFEGUARDING OF PERSONAL INFORMATION IN RECORDS OF THE OVERSEAS PRIVATE INVESTMENT CORPORATION Subpart A—General Sec. 707.11 Scope and purpose. 707.12 Definitions. 707.13 Preservation of records. Subpart B—Requests for Access to Records; Amendment of Records, Accounting of Disclosures; Notice of Court Ordered Disclosures 707.21 Requests for access to or copies of records. E:\FR\FM\13FER1.SGM 13FER1 Federal Register / Vol. 79, No. 30 / Thursday, February 13, 2014 / Rules and Regulations 707.22 Requests to permit access of records to an individual other than the individual to whom the record pertains. 707.23 Requests for amendment of records. 707.24 Requests for an accounting of record disclosures. 707.25 Appeals. 707.26 Notification of court-ordered disclosures. 707.27 Fees. Subpart C—Exceptions 707.31 Specific exemptions. 707.32 Special exemption. 707.33 Other rights and services. Authority: 5 U.S.C. 552a. Subpart A—General § 707.11 Scope and purpose. This part applies to all records in systems of records maintained by OPIC that are retrievable by an individual’s name or personal identifier. The rules in this part describe the procedures by which individuals may request access to records about themselves, request amendment or correction of those records, or request an accounting of disclosures of records by OPIC. These rules should be read in conjunction with the Privacy Act of 1974, 5 U.S.C. 552a, which provides additional information about records maintained on individuals. emcdonald on DSK67QTVN1PROD with RULES § 707.12 Definitions. As used in this part: (a) Individual means a citizen of the United States or an alien lawfully admitted for permanent residence; (b) Maintain includes maintain, collect, use, or disseminate; (c) Record means any item, collection, or grouping of information about an individual that is maintained by an agency, including, but not limited to, his education, financial transactions, medical history, and criminal or employment history and that contains his name, or the identifying number, symbol, or other identifying particular assigned to the individual, such as a finger or voice print or photograph; (d) System of records mean a group of any records under the control of OPIC from which information is retrieved by the name of the individual or by some identifying number, symbol, or other identifying particular assigned to the individual; (e) 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 13 U.S.C. 8; (f) Routine use means, with respect to the disclosure of a record, the use of such record for a purpose which is VerDate Mar<15>2010 16:25 Feb 12, 2014 Jkt 232001 compatible with the purpose for which it was collected. § 707.13 Preservation of records. OPIC preserves all correspondence pertaining to the requests that it receives under this part, as well as copies of all requested records, until disposition or destruction is authorized pursuant to title 44 of the United States Code or the General Records Schedule 14 of the National Archives and Records Administration. Records that are identified as responsive to a request will not be disposed of or destroyed while they are the subject of a pending request, appeal, or lawsuit under the Privacy Act. Subpart B—Requests for Access to Records; Amendment of Records, Accounting of Disclosures; Notice of Court Ordered Disclosures § 707.21 Requests for access to or copies of records. (a) How to submit. An individual may request access to or copies of records maintained by OPIC that are retrieved by an individual’s personal identifier. To make a request for records a requester must submit a written request to the Director of Human Resources Management either by mail or delivery to Overseas Private Investment Corporation, 1100 New York Avenue NW., Washington, DC 20527 or electronic mail to Privacy@opic.gov. The envelope or subject line should read ‘‘Privacy Act Request’’ to ensure proper routing. Access to records maintained by OPIC will be provided only by appointment. No officer or employee of OPIC shall provide an individual with any records under this part until a written request as described in paragraph (b) of this section is provided and the identity of the individual is verified as described in paragraph (c) of this section. (b) Information to include. All requests under this section must: (1) Be in writing and be signed by the requester. Unless the requester is a current officer or employee of OPIC, the letter must also be duly acknowledged before a notary public or other authorized public official or signed under 28 U.S.C. 1746, a law that permits statements to be made under penalty of perjury as a substitute for notarization; (2) Provide information sufficient to verify the identity of the requester, including the requester’s full name, current address, date of birth, place of birth, or the system of record identification name or number. Also include a clearly legible copy of a valid form of identification. If the request is PO 00000 Frm 00013 Fmt 4700 Sfmt 4700 8615 being made by a parent or guardian on behalf of another, also include the same information for the individual who is the subject of the request along with a court order, birth certificate, or similar document proving the guardianship. OPIC will review the sufficiency of identity evidence under paragraph (c) of this section; (3) Provide information sufficient to accurately identify the records or information so that OPIC staff can locate the records with a reasonable amount of effort. At minimum this should include the full name, the system of record identification name, or the system identification number for the individual who is the subject of the records. Provision of a social security number is optional. If possible, also include a description of the records as well as providing a record creation time range and the name of the systems that should be searched. A description of OPIC’s system of records can be located in the ‘‘Privacy Act Compilation’’ published by the National Archives and Records Administration’s Office of the Federal Register. Each system of records is also published in the Federal Register; (4) Specify whether the individual wishes access to or copies of the information pertaining to him. If access is requested, provide at least one preferred date and hour for which an appointment is requested during regular business hours as provided in paragraph (a) of this section. OPIC encourages appointments to be made at least one week in advance and for a requester to provide at least three preferred appointment times; and (5) Include an agreement to pay fees or an agreement to pay fees up to a specified amount under § 707.27. A request that does not include an agreement to pay fees will be considered an agreement to pay fees up to $25.00. (c) Verification of identity. Prior to providing any requested information about an individual, the Director of Human Resources Management shall verify the identity of the individual. If the requester is acting as the guardian of the individual who is the subject of the records, the Director will also verify the identity of the individual who is the subject of the records, the relationship between the requester and the subject individual, and that the requester is acting on behalf of the subject individual. In order to verify identity, the Director shall require the individual to provide reasonable proof of identity such as a valid driver’s license, identification card, passport, employee identification card, or any other identifying information. The Director shall deny any request where she E:\FR\FM\13FER1.SGM 13FER1 8616 Federal Register / Vol. 79, No. 30 / Thursday, February 13, 2014 / Rules and Regulations determines, at her sole discretion, that the evidence offered to verify the identity of an individual is insufficient to conclusively establish the identity of the individual. (d) Release of records. Originals and record copies will not be released from the files of OPIC. Individuals will not be permitted to disturb any record files or to remove records from designated place of examination. If copies were requested in the request letter, copies will be furnished upon payment of the fees prescribed in § 707.27. (e) Denial of request. If the Director of Human Resources Management declines any request submitted under this section, the denial will be made in writing and contain a brief description of the denial. Denials include a determination that an individual has not provided adequate evidence to verify identity under paragraph (c) of this section, a determination that the record cannot be located, and a withholding of a record in whole or in part. In the event of a denial, the requester may file a written appeal within thirty days of the date of notification, following the procedures in § 707.25. § 707.22 Requests to permit access of records to an individual other than the individual to whom the record pertains. emcdonald on DSK67QTVN1PROD with RULES (a) Access by an authorized individual. An individual requester who wishes to be accompanied by another individual when reviewing records pertaining to the requester must provide OPIC with a signed, written statement authorizing discussion of the information contained in the records in the presence of the accompanying individual. Both parties will be required to verify their identity under § 707.21(c) before access is granted. (b) Release to an authorized individual. An individual requester who wishes to have copies of records pertaining to the requester released to another individual must provide OPIC with a written statement authorizing release of the information contained in the records to the other individual. The identity of the individual to whom the record pertains must be verified under § 707.21(c) before release is authorized. (c) Access or release to parent or guardian. Guardians will be provided access or copies under the provisions of § 707.21. § 707.23 Requests for amendment of records. (a) How to submit. Unless a record is not subject to amendment, per paragraphs (g) and (h) of this section, an individual may request an amendment of a record to correct information the VerDate Mar<15>2010 16:25 Feb 12, 2014 Jkt 232001 individual believes is not accurate, relevant, timely, or complete. The request must be in writing, labeled ‘‘Privacy Act Request,’’ and should be addressed to the Director of Human Resources Management. The request may either be mailed to OPIC or delivered to the receptionist at 1100 New York Avenue NW., Washington, DC 20527, during regular business hours, between 8:45 a.m. and 5:30 p.m., Monday through Friday, excluding public holidays. The request will be considered received when actually delivered to or, if mailed, when it is actually received by the Director of Human Resources Management. (b) Information to include. All requests under this section must: (1) Be in writing and be signed by the requester. Unless the requester is a current officer or employee of OPIC, the letter must also be duly acknowledged before a notary public or other authorized public official or signed under 28 U.S.C. 1746, a law that permits statements to be made under penalty of perjury as a substitute for notarization; (2) Provide information sufficient to verify the identity of the requester, including the requester’s full name, current address, date of birth, place of birth, or the system of record identification name or number. Also include a clearly legible copy of a valid form of identification. If the request is being made by a parent or guardian on behalf of another, also include the same information for the individual who is the subject of the request along with a court order, birth certificate, or similar document proving the guardianship. OPIC will review the sufficiency of identity evidence under paragraph (c) of this section; (3) Provide information sufficient to accurately identify each record so that OPIC staff can locate the record and information with a reasonable amount of effort. At minimum this should include the full name, the system of record identification name, or the system record identification number for the individual who is the subject of the records and the name for each system that you believe the record is located in. Provision of a social security number is optional. If possible, you should also include a description of the records and provide a record creation time range. A description of OPIC’s systems of records can be located in the ‘‘Privacy Act Compilation’’ published by the National Archives and Records Administration’s Office of the Federal Register. Each system of records is also published in the Federal Register; (4) Specify the correction requested; and PO 00000 Frm 00014 Fmt 4700 Sfmt 4700 (5) Detail the basis for the requester’s belief that the records and information are not accurate, relevant, timely, or complete. This includes providing substantial and reliable evidence sufficient to permit OPIC to determine whether an amendment is in order. (c) Verification of identity. Prior to amending information about an individual, the Director of Human Resources Management shall verify the identity of the requesting individual. If the requester is acting as the guardian of the individual who is the subject of the records, the Director will also verify the identity of the individual who is the subject of the records, the relationship between the requester and the subject individual, and that the requester is acting on behalf of the subject individual. In order to verify identity, the Director shall require the individual to provide reasonable proof of identity such as a valid driver’s license, identification card, passport, employee identification card, or any other identifying information. The Director shall deny any request where she determines, at her sole discretion, that the evidence offered to verify the identity of an individual is insufficient to conclusively establish the identity of the individual. (d) Acknowledgment of request. If a request will take longer than ten (10) business days to process, OPIC will send the requester an acknowledgment letter. Any request that Director of Human Resources Management determines does not describe records or information in enough detail to permit the staff to promptly locate the records; does not describe the correction requested in enough detail to permit the staff to make a correction; or does not reasonably specify the amendment requested or its basis will be returned without prejudice to the requester and treated as not received. (e) Determination. The Director of Human Resources Management will provide a determination on a request under this section within thirty (30) days from receipt. (1) Amendment. The Director of Human Resources Management will notify the requester in writing if the amendment is made and provide the individual an opportunity to request a copy of the amended record. (2) Denial. The Director of Human Resources Management will notify the requester in writing if she denies any portion of a request made under this section. The denial will include a brief explanation of the reason for the refusal and the right of the individual to file an appeal within thirty (30) days, following the procedures in § 707.25. In the event E:\FR\FM\13FER1.SGM 13FER1 Federal Register / Vol. 79, No. 30 / Thursday, February 13, 2014 / Rules and Regulations an appeal is denied, a requester may file a statement of disagreement with OPIC as described in § 707.25(c). (f) Notification of amendment. Within thirty (30) days of the amendment or correction of a record or the filing of a statement of disagreement, OPIC will notify all persons, organizations, or agencies to which it previously disclosed the record, if an accounting of that disclosure was made. If an individual has filed a statement of disagreement, OPIC will attach a copy of it to the disputed record whenever the record is disclosed in the future and may also attach a concise statement of its reasons for denying the request to amend or correct. (g) Records not subject to amendment. The following records are not subject to amendment: (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 the Privacy Act, 5 U.S.C. 552a(j) or (k) or by notice published in the Federal Register. (h) No amendment permitted. No part of these rules shall be construed to permit: (1) The alteration of evidence presented in the course of judicial, quasi-judicial, or quasi-legislative proceedings; (2) Collateral attack upon any matter which has been the subject of judicial or quasi-judicial action; or (3) An amendment or correction which would be in violation of an existing statute, executive order, or regulation. emcdonald on DSK67QTVN1PROD with RULES § 707.24 Requests for an accounting of record disclosures. (a) How to submit. Unless an accounting of disclosures is not required to be kept under paragraph (e) of this section, an individual may request an accounting of all disclosures OPIC has made of a record, maintained in a system of records and about the individual, to another person, organization, or agency. The request must be in writing, labeled ‘‘Privacy Act Request,’’ and should be addressed to the Director of Human Resources Management. The request may either be mailed to OPIC or delivered to the receptionist at 1100 New York Avenue NW., Washington, DC 20527, during regular business hours, between 8:45 VerDate Mar<15>2010 16:25 Feb 12, 2014 Jkt 232001 a.m. and 5:30 p.m., Monday through Friday, excluding public holidays. The request will be considered received when actually delivered to or, if mailed, when it is actually received by the Director of Human Resources Management. (b) Information to include. All requests under this section must: (1) Be in writing and be signed by the requester. Unless the requester is a current officer or employee of OPIC, the letter must also be duly acknowledged before a notary public or other authorized public official or signed under 28 U.S.C. 1746, a law that permits statements to be made under penalty of perjury as a substitute for notarization; (2) Provide information sufficient to verify the identity of the requester, including the requester’s full name, current address, date of birth, place of birth, or the system of record identification name or number. Also include a clearly legible copy of a valid form of identification. If the request is being made by a parent or guardian on behalf of another, also include the same information for the individual who is the subject of the request along with a court order, birth certificate, or similar document proving the guardianship. OPIC will review the sufficiency of identity evidence under paragraph (c) of this section; (3) Provide information sufficient to accurately identify the records or information so that OPIC staff can locate the records with a reasonable amount of effort. At minimum this should include the full name, the system of record identification name, or the system record identification number for the individual who is the subject of the records and the name for each system that you believe the record is located in. Provision of a social security number is optional. If possible, you should also include a description of the records and provide a time range. A description of OPIC’s system of records can be located in the ‘‘Privacy Act Compilation’’ published by the National Archives and Records Administration’s Office of the Federal Register. Each system of records is also published in the Federal Register; (4) Include an agreement to pay fees or an agreement to pay fees up to a specified amount under § 707.27. A request that does not include an agreement to pay fees will be considered an agreement to pay fees up to $25.00. (c) Verification of identity. Prior to providing any requested information about an individual, the Director of Human Resources Management shall verify the identity of the requesting individual. If the requester is acting as PO 00000 Frm 00015 Fmt 4700 Sfmt 4700 8617 the guardian of the individual who is the subject of the records, the Director will also verify the identity of the individual who is the subject of the records, the relationship between the requester and the subject individual, and that the requester is acting on behalf of the subject individual. In order to verify identity, the Director shall require the individual to provide reasonable proof of identity such as a valid driver’s license, identification card, passport, employee identification card, or any other identifying information. The Director shall deny any request where she determines, at her sole discretion, that the evidence offered to verify the identity of an individual is insufficient to conclusively establish the identity of the individual. (d) Determination. The Director of Human Resources Management will provide a requester with one of the following: (1) Provision of accounting of disclosures. If the request is granted, the Director of Human Resources Management will provide the individual with an accounting containing 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. (2) Denial. The Director of Human Resources Management will notify the individual in writing if she denies any portion of a request made under this section. The denial will include a brief explanation of the reason for the refusal and the right of the individual to request a review thereof under the provisions of § 707.25. (e) Disclosures where an accounting of disclosures is not required. OPIC need not provide an accounting of disclosures where: (1) The disclosures are of the type for which accountings are not kept. For example, disclosures made to employees within the agency; or (2) The disclosure was made in response to a written request from a law enforcement agency for authorized law enforcement purposes. § 707.25 Appeals. An individual may appeal a denial made under §§ 707.21 through 707.23 within thirty (30) days of the notification of such denial. (a) How to submit. The appeal must be in writing, labeled ‘‘Privacy Act Appeal,’’ and should be addressed to the Executive Vice President. The request may either be mailed to OPIC or delivered to the receptionist at 1100 New York Avenue NW., Washington, DC 20527, during regular business hours, between 8:45 a.m. and 5:30 p.m., E:\FR\FM\13FER1.SGM 13FER1 emcdonald on DSK67QTVN1PROD with RULES 8618 Federal Register / Vol. 79, No. 30 / Thursday, February 13, 2014 / Rules and Regulations Monday through Friday, excluding public holidays. (b) Information to include. All requests under this section must: (1) Be in writing and be signed by the requester; (2) Be clearly labeled ‘‘PRIVACY ACT APPEAL’’ on both the letter and the envelope; (3) Clearly reference the determination being appealed; and (4) Provide support for your information, including documentation provided in the initial determination and any additional information. (b) Appeal determination. The Executive Vice President will advise the individual of OPIC’s determination within thirty (30) business days. If the Executive Vice President is unable to provide a determination within thirty business days, the individual will be advised in writing of the reason before the expiry of the thirty business days. (1) Overturn initial determination. If the Executive Vice President grants the appeal and overturns the initial determination in whole or part, the individual will be notified in writing and the requested action taken promptly along with any other steps OPIC would have taken had the initial determination come to the same result as the appeal. (2) Uphold initial determination. If the Executive Vice President denies the appeal and upholds the initial determination in whole or in part, the individual will be notified in writing and provided with an explanation. In cases where a denial of amendment or correction is upheld, the individual will also be notified of the ability to file a statement of disagreement under paragraph (c) of this section. (c) Statement of disagreement. If an individual is denied a request to amend a record in whole or in part and that denial is upheld on appeal, the individual may file a statement of disagreement. Statements of disagreement must be concise, clearly identify each part of any record that is disputed, and should be no longer than one typed page for each fact disputed. The statement of disagreement will be placed in the system of records that contains the disputed record and the record will be marked to indicate that a statement of disagreement has been filed. The statement of disagreement will be attached to any future releases of the disputed record and may be accompanied by a concise statement from OPIC explaining its denial. § 707.26 Notification of court-ordered disclosures. (a) Except in cases under paragraph (c) of this section, when a record VerDate Mar<15>2010 16:25 Feb 12, 2014 Jkt 232001 pertaining to an individual is required to be disclosed by court order, OPIC will make reasonable efforts to provide notice of this to the individual. If OPIC cannot locate the individual, notice will be deemed sufficient for this part if it is mailed to the individual’s last known address. The notice will contain a copy of the order and a description of the information disclosed. (b) Notice will be given within a reasonable time after OPIC’s receipt of the order, unless the order is not a matter of public record. In those cases, the notice will be given only after the order becomes public. (c) Notice is not required if disclosure is made from an exempt system of records. § 707.27 Fees. (a) The fees to be charged for making copies of any records provided to an individual under this part are ten (10) cents per page. No fees will be charged for search or review. (b) At its discretion, OPIC may grant a request for special services such as mailing copies by means other than first class mail or providing document certification. All special services provided to the requester will be provided at cost. (c) OPIC considers any request under the Privacy Act to be an authorization to incur up to $25.00 in fees unless a request states otherwise. (d) OPIC may condition access to records or copies of records upon full payment of any fees due. (e) All payments under this part must be in the form of a check or bank draft denominated in U.S. currency. Checks should be made payable to the order of the United States Treasury and mailed or hand delivered to OPIC at 1100 New York Avenue NW., Washington, DC 20527. employment, military service, Federal contracts or access to classified information, but only to the extent that OPIC may determine, in its sole discretion, that the disclosure of such material would reveal the identity of the source who, subsequent to September 27, 1975, furnished information to the Government under an express promise that the identity of the source would be held in confidence or, prior to such date, under an implied promise to such effect; and (e) Composed of testing or examination materials used solely to determine individual qualifications for appointment or promotion in the Federal service and OPIC determines, in its sole discretion, that disclosure of such materials would compromise the fairness of the testing or examination process. § 707.32 Special exemption. Nothing in this part shall allow an individual access to any information compiled in reasonable anticipation of a civil action or proceeding. § 707.33. Other rights and services. Nothing in this part 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. Dated: January 28, 2014. Nichole Cadiente, Administrative Counsel, Department of Legal Affairs. [FR Doc. 2014–03039 Filed 2–12–14; 8:45 am] BILLING CODE P OVERSEAS PRIVATE INVESTMENT CORPORATION 22 CFR Part 713 [No. TOUHY–2013] Subpart C—Exceptions RIN 3420–AA02 § 707.31 Production of Nonpublic Records and Testimony of OPIC Employees in Legal Proceedings Specific exemptions. The provisions of 5 U.S.C. 552a(c)(3), (d), (e)(1), (e)(4)(G), (H) and (I) and (f) shall not apply to any system of records maintained by OPIC that is— (a) Subject to the provisions of 5 U.S.C. 552(b)(1); (b) Composed of Investigatory material compiled for law enforcement purposes other than those specified in 5 U.S.C. 552a(j)(2); (c) Required by statute to be maintained and used solely as statistical records; (d) Composed of investigatory material compiled solely for the purpose of determining suitability, eligibility or qualifications for Federal civilian PO 00000 Frm 00016 Fmt 4700 Sfmt 4700 Overseas Private Investment Corporation. ACTION: Final rule. AGENCY: This rule implements revisions to the Overseas Private Investment Corporation’s (‘‘OPIC’’) regulations governing the production of nonpublic testimony or records for court proceedings, commonly known as Touhy regulations after Touhy v. Ragen. DATES: This rule is effective February 14, 2014. FOR FURTHER INFORMATION CONTACT: Nichole Cadiente, Administrative SUMMARY: E:\FR\FM\13FER1.SGM 13FER1

Agencies

[Federal Register Volume 79, Number 30 (Thursday, February 13, 2014)]
[Rules and Regulations]
[Pages 8614-8618]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-03039]


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OVERSEAS PRIVATE INVESTMENT CORPORATION

22 CFR Part 707

[No. PA-2013]


Privacy Act

AGENCY: Overseas Private Investment Corporation.

ACTION: Final rule.

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SUMMARY: This final rule implements revisions to the Overseas Private 
Investment Corporation's (``OPIC'') Privacy Act (``PA'') regulations by 
making substantive and administrative changes. These revisions are 
intended to supersede OPIC's current PA regulations, located at this 
Part. The proposed rule updates the agency's address, makes 
administrative changes to reflect OPIC's cost, and organizes the 
regulations to more closely match those of other agencies for ease of 
reference.

DATES: This rule is effective February 14, 2014.

FOR FURTHER INFORMATION CONTACT: Nichole Cadiente, Administrative 
Counsel, (202)336-8400, or foia@opic.gov.

SUPPLEMENTARY INFORMATION: The revision of Part 707 incorporates 
changes to the language and structure of the regulations. Requesters 
are now provided more detail on the types of identity verification that 
may suffice for PA requests.
    OPIC published a proposed rule on December 6, 2013 in 78 FR 73466 
and invited interested parties to submit comments. OPIC received no 
comments on its proposed Privacy Act rule and therefore resubmits it as 
a final rule with one change. The fee for photocopy reproductions has 
been reduced from $0.15 to $0.10.

Regulatory Flexibility Act (5 U.S.C. 601 et seq.)

    Pursuant to the Regulatory Flexibility Act, 5 U.S.C. 601 et seq., 
the head of OPIC has certified that this final rule will not have a 
significant economic impact on a substantial number of small entities. 
The rule implements the PA, a statute concerning access to and 
corrections to records about an individual, and does not economically 
impact Federal Government relations with the private sector. Further, 
under the PA, agencies may recover only the direct costs of duplicating 
the records processes for requesters. Based on OPIC's experience, these 
fees are nominal.

Executive Order 12866

    OPIC is exempted from the requirements of this Executive Order per 
the Office of Management and Budget's October 12, 1993 memorandum. 
Accordingly, OMB did not review this final rule. However this rule was 
generally composed with the principles stated in section 1(b) of the 
Executive Order in mind.

Unfunded Mandates Reform Act of 1995 (2 U.S.C. 202-05)

    This final 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 (5 U.S.C. 
801 et seq.)

    This rule is not a major rule as defined by section 804 of the 
Small Business Regulatory Enforcement Fairness Act of 1996. This 
regulation 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 State based 
companies to compete with foreign-based companies in domestic and 
export markets.

List of Subjects in 22 CFR Part 707

    Administrative practice and procedure, Privacy.

    For the reasons stated in the preamble the Overseas Private 
Investment Corporation revises 22 CFR Part 707 as follows:

PART 707--ACCESS TO AND SAFEGUARDING OF PERSONAL INFORMATION IN 
RECORDS OF THE OVERSEAS PRIVATE INVESTMENT CORPORATION

Subpart A--General
Sec.
707.11 Scope and purpose.
707.12 Definitions.
707.13 Preservation of records.
Subpart B--Requests for Access to Records; Amendment of Records, 
Accounting of Disclosures; Notice of Court Ordered Disclosures
707.21 Requests for access to or copies of records.

[[Page 8615]]

707.22 Requests to permit access of records to an individual other 
than the individual to whom the record pertains.
707.23 Requests for amendment of records.
707.24 Requests for an accounting of record disclosures.
707.25 Appeals.
707.26 Notification of court-ordered disclosures.
707.27 Fees.
Subpart C--Exceptions
707.31 Specific exemptions.
707.32 Special exemption.
707.33 Other rights and services.

    Authority:  5 U.S.C. 552a.

Subpart A--General


Sec.  707.11  Scope and purpose.

    This part applies to all records in systems of records maintained 
by OPIC that are retrievable by an individual's name or personal 
identifier. The rules in this part describe the procedures by which 
individuals may request access to records about themselves, request 
amendment or correction of those records, or request an accounting of 
disclosures of records by OPIC. These rules should be read in 
conjunction with the Privacy Act of 1974, 5 U.S.C. 552a, which provides 
additional information about records maintained on individuals.


Sec.  707.12  Definitions.

    As used in this part:
    (a) Individual means a citizen of the United States or an alien 
lawfully admitted for permanent residence;
    (b) Maintain includes maintain, collect, use, or disseminate;
    (c) Record means any item, collection, or grouping of information 
about an individual that is maintained by an agency, including, but not 
limited to, his education, financial transactions, medical history, and 
criminal or employment history and that contains his name, or the 
identifying number, symbol, or other identifying particular assigned to 
the individual, such as a finger or voice print or photograph;
    (d) System of records mean a group of any records under the control 
of OPIC from which information is retrieved by the name of the 
individual or by some identifying number, symbol, or other identifying 
particular assigned to the individual;
    (e) 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 13 U.S.C. 8;
    (f) 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.


Sec.  707.13  Preservation of records.

    OPIC preserves all correspondence pertaining to the requests that 
it receives under this part, as well as copies of all requested 
records, until disposition or destruction is authorized pursuant to 
title 44 of the United States Code or the General Records Schedule 14 
of the National Archives and Records Administration. Records that are 
identified as responsive to a request will not be disposed of or 
destroyed while they are the subject of a pending request, appeal, or 
lawsuit under the Privacy Act.

Subpart B--Requests for Access to Records; Amendment of Records, 
Accounting of Disclosures; Notice of Court Ordered Disclosures


Sec.  707.21  Requests for access to or copies of records.

    (a) How to submit. An individual may request access to or copies of 
records maintained by OPIC that are retrieved by an individual's 
personal identifier. To make a request for records a requester must 
submit a written request to the Director of Human Resources Management 
either by mail or delivery to Overseas Private Investment Corporation, 
1100 New York Avenue NW., Washington, DC 20527 or electronic mail to 
Privacy@opic.gov. The envelope or subject line should read ``Privacy 
Act Request'' to ensure proper routing. Access to records maintained by 
OPIC will be provided only by appointment. No officer or employee of 
OPIC shall provide an individual with any records under this part until 
a written request as described in paragraph (b) of this section is 
provided and the identity of the individual is verified as described in 
paragraph (c) of this section.
    (b) Information to include. All requests under this section must:
    (1) Be in writing and be signed by the requester. Unless the 
requester is a current officer or employee of OPIC, the letter must 
also be duly acknowledged before a notary public or other authorized 
public official or signed under 28 U.S.C. 1746, a law that permits 
statements to be made under penalty of perjury as a substitute for 
notarization;
    (2) Provide information sufficient to verify the identity of the 
requester, including the requester's full name, current address, date 
of birth, place of birth, or the system of record identification name 
or number. Also include a clearly legible copy of a valid form of 
identification. If the request is being made by a parent or guardian on 
behalf of another, also include the same information for the individual 
who is the subject of the request along with a court order, birth 
certificate, or similar document proving the guardianship. OPIC will 
review the sufficiency of identity evidence under paragraph (c) of this 
section;
    (3) Provide information sufficient to accurately identify the 
records or information so that OPIC staff can locate the records with a 
reasonable amount of effort. At minimum this should include the full 
name, the system of record identification name, or the system 
identification number for the individual who is the subject of the 
records. Provision of a social security number is optional. If 
possible, also include a description of the records as well as 
providing a record creation time range and the name of the systems that 
should be searched. A description of OPIC's system of records can be 
located in the ``Privacy Act Compilation'' published by the National 
Archives and Records Administration's Office of the Federal Register. 
Each system of records is also published in the Federal Register;
    (4) Specify whether the individual wishes access to or copies of 
the information pertaining to him. If access is requested, provide at 
least one preferred date and hour for which an appointment is requested 
during regular business hours as provided in paragraph (a) of this 
section. OPIC encourages appointments to be made at least one week in 
advance and for a requester to provide at least three preferred 
appointment times; and
    (5) Include an agreement to pay fees or an agreement to pay fees up 
to a specified amount under Sec.  707.27. A request that does not 
include an agreement to pay fees will be considered an agreement to pay 
fees up to $25.00.
    (c) Verification of identity. Prior to providing any requested 
information about an individual, the Director of Human Resources 
Management shall verify the identity of the individual. If the 
requester is acting as the guardian of the individual who is the 
subject of the records, the Director will also verify the identity of 
the individual who is the subject of the records, the relationship 
between the requester and the subject individual, and that the 
requester is acting on behalf of the subject individual. In order to 
verify identity, the Director shall require the individual to provide 
reasonable proof of identity such as a valid driver's license, 
identification card, passport, employee identification card, or any 
other identifying information. The Director shall deny any request 
where she

[[Page 8616]]

determines, at her sole discretion, that the evidence offered to verify 
the identity of an individual is insufficient to conclusively establish 
the identity of the individual.
    (d) Release of records. Originals and record copies will not be 
released from the files of OPIC. Individuals will not be permitted to 
disturb any record files or to remove records from designated place of 
examination. If copies were requested in the request letter, copies 
will be furnished upon payment of the fees prescribed in Sec.  707.27.
    (e) Denial of request. If the Director of Human Resources 
Management declines any request submitted under this section, the 
denial will be made in writing and contain a brief description of the 
denial. Denials include a determination that an individual has not 
provided adequate evidence to verify identity under paragraph (c) of 
this section, a determination that the record cannot be located, and a 
withholding of a record in whole or in part. In the event of a denial, 
the requester may file a written appeal within thirty days of the date 
of notification, following the procedures in Sec.  707.25.


Sec.  707.22  Requests to permit access of records to an individual 
other than the individual to whom the record pertains.

    (a) Access by an authorized individual. An individual requester who 
wishes to be accompanied by another individual when reviewing records 
pertaining to the requester must provide OPIC with a signed, written 
statement authorizing discussion of the information contained in the 
records in the presence of the accompanying individual. Both parties 
will be required to verify their identity under Sec.  707.21(c) before 
access is granted.
    (b) Release to an authorized individual. An individual requester 
who wishes to have copies of records pertaining to the requester 
released to another individual must provide OPIC with a written 
statement authorizing release of the information contained in the 
records to the other individual. The identity of the individual to whom 
the record pertains must be verified under Sec.  707.21(c) before 
release is authorized.
    (c) Access or release to parent or guardian. Guardians will be 
provided access or copies under the provisions of Sec.  707.21.


Sec.  707.23  Requests for amendment of records.

    (a) How to submit. Unless a record is not subject to amendment, per 
paragraphs (g) and (h) of this section, an individual may request an 
amendment of a record to correct information the individual believes is 
not accurate, relevant, timely, or complete. The request must be in 
writing, labeled ``Privacy Act Request,'' and should be addressed to 
the Director of Human Resources Management. The request may either be 
mailed to OPIC or delivered to the receptionist at 1100 New York Avenue 
NW., Washington, DC 20527, during regular business hours, between 8:45 
a.m. and 5:30 p.m., Monday through Friday, excluding public holidays. 
The request will be considered received when actually delivered to or, 
if mailed, when it is actually received by the Director of Human 
Resources Management.
    (b) Information to include. All requests under this section must:
    (1) Be in writing and be signed by the requester. Unless the 
requester is a current officer or employee of OPIC, the letter must 
also be duly acknowledged before a notary public or other authorized 
public official or signed under 28 U.S.C. 1746, a law that permits 
statements to be made under penalty of perjury as a substitute for 
notarization;
    (2) Provide information sufficient to verify the identity of the 
requester, including the requester's full name, current address, date 
of birth, place of birth, or the system of record identification name 
or number. Also include a clearly legible copy of a valid form of 
identification. If the request is being made by a parent or guardian on 
behalf of another, also include the same information for the individual 
who is the subject of the request along with a court order, birth 
certificate, or similar document proving the guardianship. OPIC will 
review the sufficiency of identity evidence under paragraph (c) of this 
section;
    (3) Provide information sufficient to accurately identify each 
record so that OPIC staff can locate the record and information with a 
reasonable amount of effort. At minimum this should include the full 
name, the system of record identification name, or the system record 
identification number for the individual who is the subject of the 
records and the name for each system that you believe the record is 
located in. Provision of a social security number is optional. If 
possible, you should also include a description of the records and 
provide a record creation time range. A description of OPIC's systems 
of records can be located in the ``Privacy Act Compilation'' published 
by the National Archives and Records Administration's Office of the 
Federal Register. Each system of records is also published in the 
Federal Register;
    (4) Specify the correction requested; and
    (5) Detail the basis for the requester's belief that the records 
and information are not accurate, relevant, timely, or complete. This 
includes providing substantial and reliable evidence sufficient to 
permit OPIC to determine whether an amendment is in order.
    (c) Verification of identity. Prior to amending information about 
an individual, the Director of Human Resources Management shall verify 
the identity of the requesting individual. If the requester is acting 
as the guardian of the individual who is the subject of the records, 
the Director will also verify the identity of the individual who is the 
subject of the records, the relationship between the requester and the 
subject individual, and that the requester is acting on behalf of the 
subject individual. In order to verify identity, the Director shall 
require the individual to provide reasonable proof of identity such as 
a valid driver's license, identification card, passport, employee 
identification card, or any other identifying information. The Director 
shall deny any request where she determines, at her sole discretion, 
that the evidence offered to verify the identity of an individual is 
insufficient to conclusively establish the identity of the individual.
    (d) Acknowledgment of request. If a request will take longer than 
ten (10) business days to process, OPIC will send the requester an 
acknowledgment letter. Any request that Director of Human Resources 
Management determines does not describe records or information in 
enough detail to permit the staff to promptly locate the records; does 
not describe the correction requested in enough detail to permit the 
staff to make a correction; or does not reasonably specify the 
amendment requested or its basis will be returned without prejudice to 
the requester and treated as not received.
    (e) Determination. The Director of Human Resources Management will 
provide a determination on a request under this section within thirty 
(30) days from receipt.
    (1) Amendment. The Director of Human Resources Management will 
notify the requester in writing if the amendment is made and provide 
the individual an opportunity to request a copy of the amended record.
    (2) Denial. The Director of Human Resources Management will notify 
the requester in writing if she denies any portion of a request made 
under this section. The denial will include a brief explanation of the 
reason for the refusal and the right of the individual to file an 
appeal within thirty (30) days, following the procedures in Sec.  
707.25. In the event

[[Page 8617]]

an appeal is denied, a requester may file a statement of disagreement 
with OPIC as described in Sec.  707.25(c).
    (f) Notification of amendment. Within thirty (30) days of the 
amendment or correction of a record or the filing of a statement of 
disagreement, OPIC will notify all persons, organizations, or agencies 
to which it previously disclosed the record, if an accounting of that 
disclosure was made. If an individual has filed a statement of 
disagreement, OPIC will attach a copy of it to the disputed record 
whenever the record is disclosed in the future and may also attach a 
concise statement of its reasons for denying the request to amend or 
correct.
    (g) Records not subject to amendment. The following records are not 
subject to amendment:
    (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 the Privacy Act, 5 U.S.C. 552a(j) or (k) 
or by notice published in the Federal Register.
    (h) No amendment permitted. No part of these rules shall be 
construed to permit:
    (1) The alteration of evidence presented in the course of judicial, 
quasi-judicial, or quasi-legislative proceedings;
    (2) Collateral attack upon any matter which has been the subject of 
judicial or quasi-judicial action; or
    (3) An amendment or correction which would be in violation of an 
existing statute, executive order, or regulation.


Sec.  707.24  Requests for an accounting of record disclosures.

    (a) How to submit. Unless an accounting of disclosures is not 
required to be kept under paragraph (e) of this section, an individual 
may request an accounting of all disclosures OPIC has made of a record, 
maintained in a system of records and about the individual, to another 
person, organization, or agency. The request must be in writing, 
labeled ``Privacy Act Request,'' and should be addressed to the 
Director of Human Resources Management. The request may either be 
mailed to OPIC or delivered to the receptionist at 1100 New York Avenue 
NW., Washington, DC 20527, during regular business hours, between 8:45 
a.m. and 5:30 p.m., Monday through Friday, excluding public holidays. 
The request will be considered received when actually delivered to or, 
if mailed, when it is actually received by the Director of Human 
Resources Management.
    (b) Information to include. All requests under this section must:
    (1) Be in writing and be signed by the requester. Unless the 
requester is a current officer or employee of OPIC, the letter must 
also be duly acknowledged before a notary public or other authorized 
public official or signed under 28 U.S.C. 1746, a law that permits 
statements to be made under penalty of perjury as a substitute for 
notarization;
    (2) Provide information sufficient to verify the identity of the 
requester, including the requester's full name, current address, date 
of birth, place of birth, or the system of record identification name 
or number. Also include a clearly legible copy of a valid form of 
identification. If the request is being made by a parent or guardian on 
behalf of another, also include the same information for the individual 
who is the subject of the request along with a court order, birth 
certificate, or similar document proving the guardianship. OPIC will 
review the sufficiency of identity evidence under paragraph (c) of this 
section;
    (3) Provide information sufficient to accurately identify the 
records or information so that OPIC staff can locate the records with a 
reasonable amount of effort. At minimum this should include the full 
name, the system of record identification name, or the system record 
identification number for the individual who is the subject of the 
records and the name for each system that you believe the record is 
located in. Provision of a social security number is optional. If 
possible, you should also include a description of the records and 
provide a time range. A description of OPIC's system of records can be 
located in the ``Privacy Act Compilation'' published by the National 
Archives and Records Administration's Office of the Federal Register. 
Each system of records is also published in the Federal Register;
    (4) Include an agreement to pay fees or an agreement to pay fees up 
to a specified amount under Sec.  707.27. A request that does not 
include an agreement to pay fees will be considered an agreement to pay 
fees up to $25.00.
    (c) Verification of identity. Prior to providing any requested 
information about an individual, the Director of Human Resources 
Management shall verify the identity of the requesting individual. If 
the requester is acting as the guardian of the individual who is the 
subject of the records, the Director will also verify the identity of 
the individual who is the subject of the records, the relationship 
between the requester and the subject individual, and that the 
requester is acting on behalf of the subject individual. In order to 
verify identity, the Director shall require the individual to provide 
reasonable proof of identity such as a valid driver's license, 
identification card, passport, employee identification card, or any 
other identifying information. The Director shall deny any request 
where she determines, at her sole discretion, that the evidence offered 
to verify the identity of an individual is insufficient to conclusively 
establish the identity of the individual.
    (d) Determination. The Director of Human Resources Management will 
provide a requester with one of the following:
    (1) Provision of accounting of disclosures. If the request is 
granted, the Director of Human Resources Management will provide the 
individual with an accounting containing 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.
    (2) Denial. The Director of Human Resources Management will notify 
the individual in writing if she denies any portion of a request made 
under this section. The denial will include a brief explanation of the 
reason for the refusal and the right of the individual to request a 
review thereof under the provisions of Sec.  707.25.
    (e) Disclosures where an accounting of disclosures is not required. 
OPIC need not provide an accounting of disclosures where:
    (1) The disclosures are of the type for which accountings are not 
kept. For example, disclosures made to employees within the agency; or
    (2) The disclosure was made in response to a written request from a 
law enforcement agency for authorized law enforcement purposes.


Sec.  707.25  Appeals.

    An individual may appeal a denial made under Sec. Sec.  707.21 
through 707.23 within thirty (30) days of the notification of such 
denial.
    (a) How to submit. The appeal must be in writing, labeled ``Privacy 
Act Appeal,'' and should be addressed to the Executive Vice President. 
The request may either be mailed to OPIC or delivered to the 
receptionist at 1100 New York Avenue NW., Washington, DC 20527, during 
regular business hours, between 8:45 a.m. and 5:30 p.m.,

[[Page 8618]]

Monday through Friday, excluding public holidays.
    (b) Information to include. All requests under this section must:
    (1) Be in writing and be signed by the requester;
    (2) Be clearly labeled ``PRIVACY ACT APPEAL'' on both the letter 
and the envelope;
    (3) Clearly reference the determination being appealed; and
    (4) Provide support for your information, including documentation 
provided in the initial determination and any additional information.
    (b) Appeal determination. The Executive Vice President will advise 
the individual of OPIC's determination within thirty (30) business 
days. If the Executive Vice President is unable to provide a 
determination within thirty business days, the individual will be 
advised in writing of the reason before the expiry of the thirty 
business days.
    (1) Overturn initial determination. If the Executive Vice President 
grants the appeal and overturns the initial determination in whole or 
part, the individual will be notified in writing and the requested 
action taken promptly along with any other steps OPIC would have taken 
had the initial determination come to the same result as the appeal.
    (2) Uphold initial determination. If the Executive Vice President 
denies the appeal and upholds the initial determination in whole or in 
part, the individual will be notified in writing and provided with an 
explanation. In cases where a denial of amendment or correction is 
upheld, the individual will also be notified of the ability to file a 
statement of disagreement under paragraph (c) of this section.
    (c) Statement of disagreement. If an individual is denied a request 
to amend a record in whole or in part and that denial is upheld on 
appeal, the individual may file a statement of disagreement. Statements 
of disagreement must be concise, clearly identify each part of any 
record that is disputed, and should be no longer than one typed page 
for each fact disputed. The statement of disagreement will be placed in 
the system of records that contains the disputed record and the record 
will be marked to indicate that a statement of disagreement has been 
filed. The statement of disagreement will be attached to any future 
releases of the disputed record and may be accompanied by a concise 
statement from OPIC explaining its denial.


Sec.  707.26  Notification of court-ordered disclosures.

    (a) Except in cases under paragraph (c) of this section, when a 
record pertaining to an individual is required to be disclosed by court 
order, OPIC will make reasonable efforts to provide notice of this to 
the individual. If OPIC cannot locate the individual, notice will be 
deemed sufficient for this part if it is mailed to the individual's 
last known address. The notice will contain a copy of the order and a 
description of the information disclosed.
    (b) Notice will be given within a reasonable time after OPIC's 
receipt of the order, unless the order is not a matter of public 
record. In those cases, the notice will be given only after the order 
becomes public.
    (c) Notice is not required if disclosure is made from an exempt 
system of records.


Sec.  707.27  Fees.

    (a) The fees to be charged for making copies of any records 
provided to an individual under this part are ten (10) cents per page. 
No fees will be charged for search or review.
    (b) At its discretion, OPIC may grant a request for special 
services such as mailing copies by means other than first class mail or 
providing document certification. All special services provided to the 
requester will be provided at cost.
    (c) OPIC considers any request under the Privacy Act to be an 
authorization to incur up to $25.00 in fees unless a request states 
otherwise.
    (d) OPIC may condition access to records or copies of records upon 
full payment of any fees due.
    (e) All payments under this part must be in the form of a check or 
bank draft denominated in U.S. currency. Checks should be made payable 
to the order of the United States Treasury and mailed or hand delivered 
to OPIC at 1100 New York Avenue NW., Washington, DC 20527.

Subpart C--Exceptions


Sec.  707.31  Specific exemptions.

    The provisions of 5 U.S.C. 552a(c)(3), (d), (e)(1), (e)(4)(G), (H) 
and (I) and (f) shall not apply to any system of records maintained by 
OPIC that is--
    (a) Subject to the provisions of 5 U.S.C. 552(b)(1);
    (b) Composed of Investigatory material compiled for law enforcement 
purposes other than those specified in 5 U.S.C. 552a(j)(2);
    (c) Required by statute to be maintained and used solely as 
statistical records;
    (d) Composed of investigatory material compiled solely for the 
purpose of determining suitability, eligibility or qualifications for 
Federal civilian employment, military service, Federal contracts or 
access to classified information, but only to the extent that OPIC may 
determine, in its sole discretion, that the disclosure of such material 
would reveal the identity of the source who, subsequent to September 
27, 1975, furnished information to the Government under an express 
promise that the identity of the source would be held in confidence or, 
prior to such date, under an implied promise to such effect; and
    (e) Composed of testing or examination materials used solely to 
determine individual qualifications for appointment or promotion in the 
Federal service and OPIC determines, in its sole discretion, that 
disclosure of such materials would compromise the fairness of the 
testing or examination process.


Sec.  707.32  Special exemption.

    Nothing in this part shall allow an individual access to any 
information compiled in reasonable anticipation of a civil action or 
proceeding.


Sec.  707.33.  Other rights and services.

    Nothing in this part 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.

    Dated: January 28, 2014.
Nichole Cadiente,
Administrative Counsel, Department of Legal Affairs.
[FR Doc. 2014-03039 Filed 2-12-14; 8:45 am]
BILLING CODE P