Privacy Act: [ACDA--3] Security Records--ACDA....

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    him.
603.6  Requests for amendment of records.
603.7  Appeals from denials of requests to amend.
603.8  Exemptions.
603.9  New and amended systems of records.

  Authority: 5 U.S.C. 301; 5 U.S.C. 552a; 5 U.S.C. 553; 22 U.S.C. 2581; 
and 31 U.S.C. 483a.

  Source: 41 FR 19102, May 10, 1976, unless otherwise noted.

   Sec. 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 (Pub. L. 93-579), 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 him and can request disclosure and 
amendment of such records. These regulations also set forth the basis 
for denying amendment requests and the procedures for appealing such 
denials.

   Sec. 603.2   Definitions.

  As used in this part:
  (a) ``Act'' means the Privacy Act of 1974 (Pub. L. 93-579), 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 authorized to 
receive and act upon inquiries, requests for access and requests for 
amendment.
  (d) ``Director'' means the Director of the Agency or his duly 
authorized representative (other than the Privacy Act Officer).
  (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, 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 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 
identifying particular 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; 
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.

   Sec. 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 which 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 of the United States Code;
  (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 which 
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 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 which 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 of his 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 which may result 
in an adverse determination about an individual shall be collected from 
that individual, and he will be informed of the purposes for which the 
information will be used and his rights, benefits, and obligations with 
respect to supplying the data.
  (e) The Executive Officer of ACDA and each custodian of a systems of 
records shall ensure that all records which 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 assure that it is accurate, relevant, timely 
and complete.
  (f) The Executive Officer of ACDA 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 which 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. Whenever practicable 
a response or an acknowledgment of the request will be sent within ten 
days.

   Sec. 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 him shall 
either send a written request to the Privacy Act Officer, U.S. Arms 
Control and Disarmament Agency, Room 5725, Department of State Building, 
320 21st Street NW, Washington, DC 20451, or make an oral request in 
person during the Agency's normal business hours at the Agency Library 
located in Room 804, State Annex 6, 1700 North Lynn Street, Rosslyn, 
Virginia. 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 know, in 
addition to such identifying information as the individual's name and 
date of birth.

   Sec. 603.5   Requests for disclosure to an individual of records 
   pertaining to him.

  (a) An individual desiring access to or copies of records maintained 
by the Agency shall either send a written request to the Privacy Act 
Officer, U.S. Arms Control and Disarmament Agency, Room 5725, Department 
of State Building, 320 21st Street NW, Washington, DC 20451, or make an 
oral request in person during the Agency's normal business hours, at the 
Agency Library, located in Room 804, State Annex 6, 1700 North Lynn 
Street, Rosslyn, Virginia. All requests for disclosure to an individual 
of records pertaining to him 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 oath or attestation stipulating such facts, 
legally certified. Such requests must also include a statement signed by 
the requester declaring that he understands that it is a criminal 
offense to knowingly or willfully seek or obtain access, under false 
pretenses, to Agency records pertaining to another individual.
  (ii) If the individual making a request in person is not personally 
known to the 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 his picture) containing his signature and 
other suitable evidence of identity. Examples of acceptable documents 
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 which 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 his 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; however:
  (i) Any individual making a request in person is advised that not all 
records are stored at the Agency Library and that there may be a delay 
of more than one day before requested records are assembled and access 
or copies can be provided.
  (ii) Any individual making a request by mail is advised that while an 
initial acknowledgment of the request will be made in ten working days 
and in normal circumstances a full reply will be provided in ten working 
days, in unusual circumstances the full reply may take a longer period.
  (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.
  (ii) The records are exempt from disclosure pursuant to Sec. 603.8.
  (iii) Payment of fees, computed at a rate which permits recovery by 
the Agency of the costs incurred in making such copies, has not been 
received by the Agency before the copies are furnished. Unless otherwise 
provided by statutory or regulatory authority, the fee required by this 
paragraph shall be computed at a rate of $0.10 per copied page. A fee of 
$1.00 shall be charged for certification of a record as a true copy. No 
copying fee will be charged if the Agency provides a copy in lieu of 
granting access to the record to an individual making a request in 
person, and no fees will be charged for search for and review of a 
record. Fees of less than one dollar shall be waived, but copying fees 
for contemporaneous requests by the same individual shall be aggregated. 
Remittances may be in the form of cash, a personal check or bank draft 
drawn on a bank in the United States, or a postal money order. 
Remittances shall be made payable to the Treasurer of the United States 
and mailed or delivered to the Privacy Act Officer, U.S. Arms Control 
and Disarmament Agency, Room 5725, Department of State Building, 320 
21st Street NW, Washington, DC 20451.

   Sec. 603.6   Requests for amendment of records.

  (a) An individual may request amendment of a record pertaining to him 
by sending a written request to the Privacy Act Officer, U.S. Arms 
Control and Disarmament Agency, Room 5725, Department of State Building, 
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 10 days after receipt of such request (excluding 
Saturdays, Sundays and legal holidays), the Privacy Act Officer will 
acknowledge such receipt and 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 reason 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 shall 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 him; 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.

   Sec. 603.7   Appeals from denials of requests to amend.

  (a) An individual who disagrees with the refusal of the Privacy Act 
Officer to amend his 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 Director, U.S. Arms Control and Disarmament Agency, 
Room 5930, Department of State Building, 320 21st Street NW, Washington, 
DC 20451, and should include a copy of the written request which was 
refused, a copy of the denial complained of, and reasons for appeal from 

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