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fied, within 30 work days after its re- tion, referencing the prior disclosures ceipt.
(see § 1212.405). (b) If a determination to deny access is upheld, the requester will be in 1212.607 Statements of dispute. formed of the right to judicial review
(a) If on appeal, a refusal to correct under 5 U.S.C. 552a(g). (c) If a denial of a request to correct
or amend records is upheld, the indior amend a record is upheld, the final
vidual may file a statement of dispute. determination shall:
(b) A statement of dispute shall: (1) Explain the basis for the denial; (1) Be in writing;
(2) Include information as to how (2) Set forth reasons for the individthe requester goes about filing a state- ual's disagreement with NASA's refusment of dispute under the procedures al to amend the record; of g 1212.607; and
(3) Be concise; (3) Include a statement that the
(4) Be addressed to the system manfinal determination is subject to judi.
ON IS suoject Lo Jual ager: and cial review under 5 U.S.C. 552a(g).
(5) Be identified on the envelope and 8 1212.604 Procedures for appeal of ad
in the letter as a “Statement of Disverse determinations involving records
pute under the Privacy Act.” of other agencies.
(c) The system manager shall pre
pare and include an addendum to the If an individual disagrees with an adverse determination by NASA involv
statement explaining the basis for ing access to or amendment of records
NASA's refusal to amend the disputed belonging to another agency, the indi
record. A copy of the addendum shall vidual may seek review of the determi
be provided to the individual. nation under procedures prescribed by
(d) The system manager shall ensure the other agency.
that the statement of dispute and ad
dendum are either filed with the dis8 1212.605 Time extensions for good cause puted record or that a notation apshown.
pears in the record clearly referencing (a) When good cause is shown, the the statement of dispute and addentime limits for making a final determi- dum so that they may be readily renation may be extended for up to 30 trieved. work days.
(b) If an extension of time under 8 1212.608 Disclosure of disputed informa. this section is granted, the individual tion. shall be promptly notified in writing
(a) The system manager shall of the reasons and the date when a
promptly provide persons or agencies final determination will be sent.
to whom the disputed portion of a 8 1212.606 Correction or amendment of
record was previously disclosed and for record.
which an accounting of the disclosure
exists under the requirements of When any record is corrected or
$ 1212.401, with a copy of the stateamended under the procedures of this Subpart 1212.6, the correction shall be
ment of dispute and addendum, along
with a statement referencing the prior made by the system manager clearly on the record itself and all inaccurate
disclosure (see $ 1212.405). The subject information shall be deleted and de
individual shall be notified as to those stroyed. The individual shall then be
individuals or agencies which are proinformed in writing that the correc vided with the statement of dispute tion has been made. If the inaccurate and addendum. or incomplete portion of the record (b) Any subsequent disclosure of a has previously been disclosed and an disputed record shall clearly note the accounting of the disclosure exists in portion of the record which is disputaccordance with the requirements of ed and shall be accompanied by a copy § 1212.401, then the system manager of the statement of dispute and addenshall notify those persons or agencies dum. of the corrected or amended informa
(e)(1) relating to the type of informa
tion maintained in the records; 8 1212.700 Exemptions.
(e)(4)(G), (H) and (I) relating to pub(a) Under the provisions of 5 U.S.C.
lishing in the annual system notice in552a(j) and (k), the Administrator of
formation as to agency procedures for NASA is authorized to exempt certain access and correction, and information NASA systems from portions of the re
as to the categories of sources of quirements of this part.
records; and (f) relating to developing (b) For those NASA systems of rec- agency rules for gaining access and ords that are determined to be making corrections. exempt, the system notice shall de (2) Reasons for exemption. The describe the exemption and the reasons. termination to exempt this system of
(c) Nothing in this part shall allow records has been made by the Adminan individual access to any informa istrator of NASA in accordance with 5 tion compiled by NASA in reasonable U.S.C. 552a(k) and this Subpart 1212.7 anticipation of a civil action or pro- for the following reasons: ceeding.
(i) Personnel Security Records con
tained in the system of records which 8 1212.701 Systems of records for which are compiled solely for the purpose of exemptions apply.
determining suitability, eligibility or Exemptions have been invoked, in qualifications for Federal civilian emaccordance with $ 1212.700, for the fol ployment, Federal contracts, or access lowing NASA systems of records:
to classified information are exempt (a) Inspector General Investigations under the provisions of 5 U.S.C. Case files (1) Section of the Act from 552a(k)(5), but only to the extent that which exempted. The Inspector Gener- the disclosure of such material would al Investigations Case Files system of reveal the identity of a confidential records is exempt from all sections of source. the Privacy Act (5 U.S.C. 552a) except (ii) Criminal Matter Records are the following: (b) relating to condi- contained in the system of records and tions of disclosure; (c)(1) and (2) relat- are exempt under the provisions of 5 ing to keeping and maintaining a dis- U.S.C. 552a(k)(2) to the extent they closure accounting; (e)(4)(A) through constitute investigatory material com(F) relating to publishing an annual piled for law enforcement purposes. system notice setting forth name, loca (iii) The system of records includes tion, categories of individuals and records subject to the provisions of 5 records, routine uses, and policies re- U.S.C. 552(b)(1) (required by Execugarding storage, retrievability, access tive order to be kept secret in the incontrols, retention and disposal of the terest of national defense or foreign records; (e)(6), (7), (9), (10) and (11) re policy), and such records are exempt lating to criminal penalties.
under 5 U.S.C. 552a(k)(1). (2) Reasons for exemption. The de
[44 FR 54994, Sept. 24, 1979, as amended at termination to exempt this system of
45 FR 67079, Oct. 9, 1980] records has been made by the Administrator of NASA in accordance with 5
Subpart 1212.8–Failure to Comply U.S.C. 552a(j) and this subpart for the reason that the Office of Inspector
With Requirements of this part General is a component of NASA which performs as its principal func
8 1212.800 Civil remedies. tion activity pertaining to the enforce Failure to comply with the requirement of criminal laws, within the ments of the Privacy Act and this part meaning of 5 U.S.C. 552a(j)(2).
could subject NASA to civil suit under (b) Security Records System-(1) Sec the provisions of 5 U.S.C. 552a(g). tions of Act from which exempted. The Security Records System is exempt
8 1212.801 Criminal penalties. from the following sections of the Pri. (a) A NASA employee may be subvacy Act (5 U.S.C. 552a): (c)(3) relating ject to criminal penalties under the to access to the disclosure accounting; provisions of 5 U.S.C. 552a(i) (1) and (d) relating to access to the records; (2).
(b) An individual who seeks access to (c) NASA will respond promptly to a NASA record under false pretenses is queries from the information media subject to criminal penalties under 5 and industry, and cooperate with conU.S.C. 552a(i)(3).
tractors in their release of NASA re
lated informational material including PART 1213—RELEASE OF INFORMA advertising.
TION TO NEWS AND INFORMA (d) NASA officials may participate TION MEDIA
in interviews and speak for the Agency
in areas of their assigned responsibilSec. 1213.100 Scope. 1213.101 Policy.
8 1213.102 Responsibility. 1213.102 Responsibility.
(a) The Associate Administrator for 1213.103 Procedures for issuance of news
Public Affairs is responsible for the releases. 1213.104 Procedures for news release co
development and overall administraordination and concurrence.
tion of an integrated Agencywide com1213.105 Interviews.
munications program and determines 1213.106 Audiovisual material.
whether the specific information is to 1213.107 International news releases.
be released. The Associate Administra1213.108 Security.
tor for Public Affairs will: AUTHORITY. 42 U.S.C. 2473(a) (3) and
(1) Direct and coordinate all HeadNSDD-84, “Safeguarding National Security quarters and agencywide public inforInformation.”
mation activities. SOURCE: 52 FR 45936, Dec. 3, 1987, unless (2) Direct and coordinate all agency. otherwise noted.
wide news-oriented audiovisual activi8 1213.100
(b) In accordance with $ 1213.104, This Part 1213 sets forth the policy
the Public Affairs Officers assigned to governing the release of information
Headquarters Program and Staff Of. in any form to news and information
fices are responsible for developing media. Not included is the release of
plans and coordinating all public inforscientific and technical information to
mation activities covering their respecscientific and technical journals and
tive programs at Headquarters and in audiences.
the field. 8 1213.101 Policy.
(c) In accordance with $ 1213.104, Di
rectors of Field Installations, through (a) Consistent with NASA statutory
their Public Affairs Officers, are reresponsibility, NASA will “* * * pro
sponsible for initiating and obtaining vide for the widest practicable and ap
concurrences for information propropriate dissemination of informa
grams and public releases issued by tion concerning its activities and the
their respective installation and comresults thereof, * * *".
ponent installations. (b) Release of information concern
(d) The requirements of this section ing NASA activities and the results
do not apply to the Office of Inspector will be made promptly, factually and
General (IG) regarding IG activities. completely. Exceptions include that information whch may be exempt (52 FR 45936, Dec. 3, 1987, as amended at 56 from disclosure under the “Freedom FR 66787, Dec. 26, 1991) of Information Act” (5 U.S.C. 552, as
81213.103 Procedures amended) (14 CFR Part 1212). For
for issuance of classified DoD missions on the Nai
news releases. tonal Space Transportation System (a) All Headquarters news releases (NSTS), release of information con will be issued by the Office of Public cerning NASA activities will be re- Affairs, Media Services Division. stricted by the STS Security Classifi- (b) Directors of Field Installations. cation Guide. In addition, information through their Public Affairs Officer, concerning the survivability/vulner- may release information for which ability of the NSTS may be classified that Field Installation is the primary for all NSTS operations.
or sole source, i.e., launch, mission, and planetary encounter commentary; the activities of another installation telephone recorded messages; status (including Headquarters) will not be reports; and releases of local or region issued until the concurrences of all inal interest. Release of information stallations and appropriate Instituthat has national significance will be tional Program Offices concerned coordinated with the Associate Admin have been obtained. The originating istrator for Public Affairs. Material re- installation is responsible for arrangceived from contractors prior to its
ing a mutually acceptable release time. public release may be reviewed for
(d) Simultaneous release. Where a technical accuracy at the contracting
release is to be simultaneously issued, Installation.
whether by Headquarters, a field in(c) The requirements of this section
stallation, industry-NASA, or universido not apply to the Office of Inspector
ty-NASA, it will be so stated on the General regarding IG activities.
news release. Simultaneous release (52 FR 45936, Dec. 3, 1987, as amended at 56 will be coordinated by the HeadquarFR 66787, Dec. 26, 1991)
ters Director, Media Services Division. 8 1213.104 Procedures for news release co.
(e) Date lines. Out-of-town date lines ordination and concurrence.
will not be used on releases issued by
Headquarters except in the case of an (a) General. All organizational ele
advance release of a speech text inments of NASA involved in preparing
tended for regional distribution in the and issuing NASA news releases are
area where the speech will be delivresponsible for proper coordination
ered. and obtaining concurrences and clear
(f) Exchange of releases. All Agency ances prior to issuance of the news release. Such coordination will be ac
releases will be exchanged electronicomplished through the Associate Ad
cally with all field installations by the ministrator for Public Affairs, NASA
Headquarters newsroom. The full text Headquarters.
of important releases, regardless of (b) Headquarters-field. (1) The Head- source, which may generate unusual quarters Office of Public Affairs will interest and queries shall be sent by release information after obtaining all
electronic mail or telephoned to all innecessary concurrences and clearances terested installations and Headquarfrom the appropriate Program or ters in advance of release time to other Headquarters Office. Field In
enable public information officers to stallations will obtain clearances from
respond intelligently to queries arising the appropriate Institutional Program locally. or other Headquarters Office
(g) Exchange of communication ac(2) Headquarters issuance of a news tivities. All field installations will exrelease bearing on a Field Installation change information with the appropriwill be coordinated with the Installa ate Headquarters Public Affairs Offition through the appropriate Institu- cers concerning news events and retional Program Office/Public Affairs leases. Immediate notification will be Office, Associate Administrator for made to Headquarters and any impactPublic Affairs, or Director, Media ed installation of events or situations Services Division. If Headquarters is that will make news, particularly of a the issuing Agency for a release for negative nature. which the primary source is an Instal (h) The requirements of this section lation, the Office of Public Affairs will do not apply to the Office of Inspector keep the Installation fully informed.
General regarding IG activities. (3) If the Office of Public Affairs changes, delays, or cancels a release
(52 FR 45936, Dec. 3, 1987, as amended at 56 proposed for issuance by a Field In
FR 66787, Dec. 26, 1991] stallation, the Installation and the appropriate Institutional Program Office
8 1213.105 Interviews. affected will be notified of the reasons (a) NASA personnel will respond for the action.
promptly to requests to media repre(c) Field-other. A release originating sentatives for information or interin one field installation that involves views.
(b) Normally, requests for interviews 81213.107 International news releases. with NASA officials will be made
(a) All releases of information inthrough the appropriate Public Af
volving NASA activities or views af. fairs Office. However, journalists will
fecting another country or an internahave direct access to those NASA offi.
tional organization require prior cocials they seek to interview.
ordination with the International Re(c) Information given to the press
lations Division, Office of External will be on an “on-the-record” basis
Relations, through the Public Affairs only and attributable to the person(s)
Officer assigned to that division. making the remarks. Any NASA em
(b) NASA field installations and ployee providing material to the press
Headquarters offices will report all will identify himself/herself as the source.
visits proposed by representatives of (d) Any attempt by news media rep
foreign news media to the Public Afresentatives to obtain classified infor
fairs Officer for the International Re
lations Division, NASA Headquarters. mation will be reported through the Headquarters Office of Public Affairs
(c) Safeguards intended to control or Installation Public Affairs Office to
access to classified information, matethe Installation Security Office. The
rials, or facilities and provisions to knowing disclosure of classified infor
protect the NSTS as a national remation to unauthorized individuals
source will not be diminished in prowill be cause for disciplinary actions
viding assistance to foreign or U.S. against the NASA employee involved. news representatives. (e) Public information volunteered
$ 1213.108 Security. by a NASA official will not be considered exclusive to any one media source It is the responsibility of each Public and will be made available to other Affairs Officer to implement the STS sources, if requested.
Security Classification Guide for each (f) For a DoD classified operation, DoD classified operation on the NSTS. all inquiries concerning this activity Guidance for this implementation will will be responded to by the designated be provided in the joint NASA and DoD officer.
USAF Public Affairs plan for each
mission. In addition, each NASA in(52 FR 45936, Dec. 3, 1987, as amended at 56
stallation involved in the NSTS will FR 66788, Dec. 26, 1991)
have information concerning the pro8 1213.106 Audiovisual material.
tection of the NSTS as a national re
source. This category of information, (a) NASA's central repository of
including NSTS survivability/vulneraudiovisual material will be available
ability data, may be classified. Thereto the information media and to all NASA installations.
fore, all questions regarding security
classification will be resolved by the (b) Field installations will provide
appropriate security classification offiNASA Headquarters with:
cer at any NASA installation or by the (1) Selected prints and original or
designated DoD security officer for duplicate negatives of news-oriented
DoD classified information. photographs generated within their respective areas.
(2) Selected color motion picture footage (prints) which, in the opinion
PART 1214-SPACE SHUTTLE of the installation, would be appropriate for use as features in programs.
Subpart 1214.1-Reimbursement for Shuttle (3) Audio and/or video tapes of sig. Services Provided to Non-U.S. Government nificant news developments and other Users events of historical or public informa
Sec. tion interest.
1214.100 Scope. (4) For DoD classified operations, all
1214.101 Definition. audiovisual material of or related to
1214.102 Reimbursement policy. the classified operation will be re
1214.103 Reflight guarantee. viewed and deemed releasable by the 1214.104 Patent and data rights. designated DoD officer.
1214.105 Revisit and/or retrieval services.