system manager, in consultation with a medical doctor, access to the record could have an adverse effect upon the individual. In this case, the system manager shall allow access to the record by a medical doctor designated in writing by the requesting individual. (See § 1212.501(b))

§ 1212.506 Test materials.

Test material and copies of certificates of eligibles and other lists of eligibles, the disclosure of which is proscribed by 5 CFR 294.501, shall be removed from an individual's record before granting access.

§ 1212.507 Release of records of deceased individuals.

Records of individuals who are deceased may be released to the executor or administrator of the individual's estate, or, if none, to the individual's next of kin, if the system manager has sufficient evidence to establish that the individual is deceased and if the identity procedures of § 1212.502 have been met by the representative.

Subpart

1212.6-Corrections and Amendments to Records and Appeals

§ 1212.600 Requests for correction or amendment of a record.

A subject individual may request that NASA correct or amend the individual's record. In making a request for correction, the individual must demonstrate why the correction is appropriate. Such a request shall be in writing, addressed to the appropriate system manager, and shall contain the following:

(a) A notation on the envelope and on the letter that it is a "Request for Amendment of Individual Record under the Privacy Act;"

(b) The name of the system of records;

(c) Any information necessary to retrieve the record, as specified in the system notice for the system of records;

(d) A description of that information in the record which is alleged to be incomplete or erroneous; and

(a) Within 10 work days of receipt by the system manager of an individual's request to correct or amend a record, the system manager shall provide the individual with a written determination or a written acknowledgement advising when a report of the action taken may be received.

(b) The system manager shall provide the individual with a written determination within 30 work days of receipt of the request unless unusual circumstances preclude completing action within that time. If the determination is to refuse to correct or amend the record as requested, the written determination shall explain the reasons for the refusal and inform the requester of the procedures to be followed to appeal the determination.

§ 1212.602 Procedures and time limits for appeals.

(a) A subject individual who (1) has requested amendment or correction of a record and has received an adverse initial determination, or (2) has been denied access to a record, or (3) has not been granted within 30 work days of receipt a request (See §1212.504), may appeal to the Associate Deputy Administrator.

(b) An appeal shall:

(1) Be in writing and addressed to the Associate Deputy Administrator, NASA, Washington, D.C. 20546;

(2) Be identified clearly on the envelope and in the letter as an "Appeal under the Privacy Act;"

(3) Include a copy of any pertinent documents; and

(4) State the reasons for the appeal. (c) Appeals from adverse initial determinations or denials of access must be submitted within 30 calendar days of the date of receipt of the initial determination. Appeals involving failure to grant access may be submitted any time after the 30 work day period has expired (see § 1212.504).

§ 1212.603 Action on appeals.

(a) Except as provided in § 1212.607, a final determination on an appeal shall be made, and the requester notified, within 30 work days after its receipt.

(b) If a determination to deny access is upheld, the requester will be informed of the right to judicial review under 5 U.S.C. 552a(g).

(c) If a denial of a request to correct or amend a record is upheld, the final determination shall:

(1) Explain the basis for the denial; (2) Include information as to how the requester goes about filing a statement of dispute under the procedures of § 1212.607; and

(3) Include a statement that the final determination is subject to judicial review under 5 U.S.C. 552a(g).

§ 1212.604 Procedures for appeal of adverse determinations involving records of other agencies.

If an individual disagrees with an adverse determination by NASA involving access to or amendment of records belonging to another agency, the individual may seek review of the determination under procedures prescribed by the other agency.

§ 1212.605 Time extensions for good cause shown.

(a) When good cause is shown, the time limits for making a final determination may be extended for up to 30 work days.

(b) If an extension of time under this section is granted, the individual shall be promptly notified in writing of the reasons and the date when a final determination will be sent.

§ 1212.606 Correction or amendment of record.

When any record is corrected or amended under the procedures of this Subpart 1212.6, the correction shall be made by the system manager clearly on the record itself and all inaccurate information shall be deleted and destroyed. The individual shall then be informed in writing that the correction has been made. If the inaccurate or incomplete portion of the record has previously been disclosed and an accounting of the disclosure exists in

accordance with the requirements of § 1212.401, then the system manager shall notify those persons or agencies of the corrected or amended information, referencing the prior disclosures (see § 1212.405).

§ 1212.607 Statements of dispute.

(a) If on appeal, a refusal to correct or amend records is upheld, the individual may file a statement of dispute. (b) A statement of dispute shall: (1) Be in writing;

(2) Set forth reasons for the individual's disagreement with NASA's refusal to amend the record;

(3) Be concise;

(4) Be addressed to the system manager; and

(5) Be identified on the envelope and in the letter as a "Statement of Dispute under the Privacy Act."

(c) The system manager shall prepare and include an addendum to the statement explaining the basis for NASA's refusal to amend the disputed record. A copy of the addendum shall be provided to the individual.

(d) The system manager shall ensure that the statement of dispute and addendum are either filed with the disputed record or that a notation appears in the record clearly referencing the statement of dispute and addendum so that they may be readily retrieved.

§ 1212.608 Disclosure of disputed information.

(a) The system manager shall promptly provide persons or agencies to whom the disputed portion of a record was previously disclosed and for which an accounting of the disclosure exists under the requirements of § 1212.401, with a copy of the statement of dispute and addendum, along with a statement referencing the prior disclosure (see § 1212.405). The subject individual shall be notified as to those individuals or agencies which are provided with the statement of dispute and addendum.

(b) Any subsequent disclosure of a disputed record shall clearly note the portion of the record which is disputed and shall be accompanied by a copy

of the statement of dispute and addendum.

Subpart 1212.7-Exemptions

§ 1212.700 Exemptions.

(a) Under the provisions of 5 U.S.C. 552a(j) and (k), the Administrator of NASA is authorized to exempt certain NASA systems from portions of the requirements of this part.

(b) For those NASA systems of records that are determined to be exempt, the system notice shall describe the exemption and the reasons.

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

§ 1212.701 Systems of records for which exemptions apply.

Exemptions have been invoked, in accordance with § 1212.700, for the following NASA systems of records:

(a) Inspector General Investigations Case files-(1) Section of the Act from which exempted. The Inspector General Investigations Case Files system of records is exempt from all sections of the Privacy Act (5 U.S.C. 552a) except the following: (b) relating to conditions of disclosure; (c)(1) and (2) relating to keeping and maintaining a disclosure accounting; (e)(4)(A) through (F) relating to publishing an annual system notice setting forth name, location, categories of individuals and records, routine uses, and policies regarding storage, retrievability, access controls, retention and disposal of the records; (e)(6), (7), (9), (10) and (11) relating to criminal penalties.

(2) Reasons for exemption. The determination to exempt this system of records has been made by the Administrator of NASA in accordance with 5 U.S.C. 552a(j) and this subpart for the reason that the Office of Inspector General is a component of NASA which performs as its principal function activity pertaining to the enforcement of criminal laws, within the meaning of 5 U.S.C. 552a(j)(2).

(b) Security Records System-(1) Sections of Act from which exempted. The Security Records System is exempt from the following sections of

the Privacy Act (5 U.S.C. 552a): (c)(3) relating to access to the disclosure accounting; (d) relating to access to the records; (e)(1) relating to the type of information maintained in the records; (e)(4)(G), (H) and (I) relating to publishing in the annual system notice information as to agency procedures for access and correction, and information as to the categories of sources of records; and (f) relating to developing agency rules for gaining access and making corrections.

(2) Reasons for exemption. The determination to exempt this system of records has been made by the Administrator of NASA in accordance with 5 U.S.C. 552a(k) and this Subpart 1212.7 for the following reasons:

(i) Personnel Security Records contained in the system of records which are compiled solely for the purpose of determining suitability, eligibility or qualifications for Federal civilian employment, Federal contracts, or access to classified information are exempt under the provisions of 5 U.S.C. 552a(k)(5), but only to the extent that the disclosure of such material would reveal the identity of a confidential

source.

(ii) Criminal Matter Records are contained in the system of records and are exempt under the provisions of 5 U.S.C. 552a(k)(2) to the extent they constitute investigatory material compiled for law enforcement purposes.

(iii) The system of records includes records subject to the provisions of 5 U.S.C. 552(b)(1) (required by Executive order to be kept secret in the interest of national defense or foreign policy), and such records are exempt under 5 U.S.C. 552a(k)(1).

[44 FR 54994, Sept. 24, 1979, as amended at 45 FR 67079, Oct. 9, 1980]

(a) Consistent with NASA statutory responsibility (42 U.S.C. 2473(a)(3)), NASA will "*** provide for the widest practicable and appropriate dissemination of information concerning its activities and the results thereof, ***"

(b) Release of information concerning NASA activities and the results thereof will be made promptly and completely. Exceptions include that information which may be exempt from disclosure under the "Freedom of Information Act" (5 U.S.C. 552, as amended) (Part 1206) and the "Privacy Act of 1974" (Part 1212).

(c) NASA will respond promptly to queries from the information media

and industry, and cooperate with contractors in their release of NASA related informational material including advertising.

(d) NASA officials may participate in interviews and speak for the agency in areas of their assigned responsibility.

§ 1213.102 Responsibility.

(a) The Assistant Administrator for Public Affairs is responsible for the development and overall administration of an integrated NASA-wide public affairs program and determines whether the specific information is to be released. He has designated the Director of the Public Information Division as the functional manager of public information activities. The Director, Public Information Division will:

(1) Direct and coordinate all Headquarters and agency-wide public information activities.

(2) Direct and coordinate all agencywide news-oriented audio-visual activities.

(b) The public affairs officer assigned to Headquarters program and staff offices (and accountable to the Director of Public Information Division for public information activities only) are responsible for developing plans and coordinating all public information activities covering their respective programs at Headquarters and in the field.

(c) Directors of field installations through their public affairs officers are responsible for initiating and obtaining concurrences for information programs and public releases issued by their respective installations and component installations.

(b) Coordination and concurrence of news releases-(1) General. All organizational elements of NASA involved in preparing and issuing NASA press releases are responsible for proper coordination and obtaining concurrences and clearances prior to issuance of the news release. Such coordination will be accomplished through the public affairs officers assigned to Headquarters offices. However, nothing contained herein shall be construed to discourage direct contact between the Headquarters News Room and News Room of the field installations.

(2) Headquarters-Field. (i) Public affairs officers in Headquarters offices will issue releases through the Headquarters News Room only after obtaining all necessary concurrences and clearances. Field installations will obtain clearances from the appropriate Headquarters program or staff office/public affairs officer.

(ii) Headquarters issuance of a news release bearing on a field installation will be coordinated with the installation through the appropriate public affairs officer, Director of Public Information Division or Headquarters News Chief. Where appropriate, the originating office will arrange for a mutually acceptable release time. If circumstances require that Headquarters be the issuing agency for a release for which the primary source is an installation, Headquarters will keep the installation fully informed.

(iii) If it becomes necessary for Headquarters to change, delay or cancel a release proposed for issuance by a field installation, both the installation and the office affected will be notified of the reasons for the action. (3) Field-Other. A release originating in one field installation that involves the activities of another installation (including Headquarters) will not be issued until the concurrences of all installations concerned have been obtained. The originating installation is responsible for arranging a mutually acceptable release time.

(4) Simultaneous release. Where a release is to be simultaneously issued, whether by Headquarters, a field installation, industry-NASA or university-NASA, it will be so stated on the news release. However, preference is

for sole source and a simultaneous release will be used only in exceptional circumstances to be determined by the Headquarters News Chief.

(5) Date lines. Out-of-town date lines will not be used on releases issued by Headquarters except in the case of an advance release of a speech text intended for regional distribution in the area where the speech will be delivered.

(6) Exchange of releases. Headquarters and field installations will exchange their releases with all News Rooms in the agency. Headquarters will air mail two copies of each release to each field installation, prior to shipping bulk mail for in-house distribution. Field installations will air mail two copies of each of their releases to Headquarters and all other NASA installations. The full text of important releases, regardless of source, which may generate unusual interest and queries shall be teletyped or telephoned to all interested installations (including Headquarters) in advance of release time to enable public information officers to respond intelligently to queries arising locally.

(7) Daily exchange of public affairs activities schedules. All field installations will exchange with the appropriate Headquarters public affairs officers their daily schedule of news events and releases. The exchanges will be by wire or telephone. When nothing is scheduled, a negative report is required.

(c) Interviews. (1) NASA personnel will respond promptly to requests of media representatives for information or interviews. Interviews will not be monitored nor will NASA personnel so interviewed be required to report the nature of these interviews.

(2) Normally, requests for interviews with NASA officials will be made through the appropriate public affairs office. However, newsmen will have direct access to those NASA officials they seek to interview.

(3) Information given to the press will be on an "on-the-record" basis only and attributable to the person(s) making the remarks. Any NASA employee providing material to the press will identify himself as the source.