any record pursuant to this section and to request of the individual that he provide a signed acknowledgment of the fact that access to the record in question was granted him by the DMA.

§ 295c.5 Request for correction or amendment to record.

(a) Any individual may request amendment of a record pertaining to him in accordance with the following procedure.

(b) After inspection of a record pertaining to him an individual may file a request in writing with the Staff Director of the DMA Headquarters or Component Staff Element having responsibility for maintenance of the record in question for amendment of a record. Such requests shall specify the particular portions of the record to be amended, the desired amendments and the reasons, supported by documentary proof, if available, therefor.

§ 295c.6 Agency review of request for correction or amendment of record.

(a) Not later than 10 working days after receipt of a request to amend a record, in whole or in part, the Staff Director of the DMA Headquarters or Component Staff Element having responsibility for maintenance of the record in question shall make any correction of any portion of the record which the individual believes is not accurate, relevant, timely or complete and thereafter inform the individual of such correction; or inform the individual by certified mail, return receipt requested, of refusal to amend the record setting forth the reasons therefor and notifying the individual of his right to appeal the decision to the Director, Defense Mapping Agency in accordance with § 295c.7.

(b) Requests for amendment of a record may be refused only after consultation with Counsel at a DMA Component, when available, or the Counsel, HQ DMA, in all other cases, to determine that such refusal is authorized by the Act.

(c) Any person or other agency to whom the record has been previously disclosed shall be informed of any correction or notation of dispute with respect to such records.

(d) These provisions for amending records are not intended to permit the alteration of evidence previously presented during any administrative or quasi-judicial proceeding, such as an employee grievance case. Any changes in

(a) An individual whose request for amendment of a record pertaining to him may further request a review of such determination in accordance with this section.

(b) Not later than 30 working daysfollowing receipt of notification of refusal to amend, an individual may file an appeal of such decision with the Director, Defense Mapping Agency. The appeal shall be in writing, mailed or delivered to Headquarters, Defense Mapping Agency, Building 56, U.S. Naval Observatory, Washington, D.C. 20305. The appeal shall identify the records involved, shall indicate the dates of the request and adverse determination and shall indicate the express basis for that determination. In addition, the letter of appeal shall state briefly and succinctly the reasons why the adverse determination should be reversed.

(c) Upon appeal from a denial to amend a record the Director, Defense Mapping Agency shall make a determination whether or not to amend the record and shall notify the individual of that determination by certified mail, return receipt requested, not later than 10 working days after receipt of such appeal, unless extended pursuant to paragraph (d) of this section.

(1) The Director shall also notify the individual of the provisions of the Privacy Act of 1974 (5 U.S.C. 552a (g) (1A) regarding judicial review of his determination.

(2) If on appeal the refusal to amend the record is upheld, the individual shall be permitted to file a statement setting forth the reasons for his disagreement with the Director's determination and such statement shall be appended to the record in question.

(d) The Director may extend up to 30 days the time period prescribed above

within which to make a determination on an appeal from refusal to amend a record for the reason that a fair and equitable review cannot be completed within the prescribed time period. § 295c.8 Disclosure of record to person other than the individual to whom it pertains.

(a) Subject to the conditions hereinafter set forth, no officer or employee of the DMA will disclose any record which is contained in a system of records, by any means of communication to any person or other agency who is not an individual to whom the record pertains.

(b) Any such record may be disclosed to any person or other agency only upon written request or with prior written consent of the individual to whom the record pertains.

(c) In the absence of a written consent from the individual to whom the record pertains, such record may be disclosed only provided such disclosure is:

(1) To those officers and employees of the DoD who have a need for the record in the performance of their duties.

(2) Required under the Freedom of Information Act.

(3) For a routine use as defined in § 295.2 of this chapter.

(4) To the Bureau of Census for purposes of planning or carrying out a census or survey or related activity under the provisions of Title 13 of the U.S. Code.

(5) To a recipient who has provided the DMA with adequate advance written assurance that the record will be used solely as a statistical research or reporting record and the record is transferred in a form that is not individually identifiable and will not be used to make any decisions about the rights, benefits or entitlements of an individual.

(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 U.S. Government or for evaluation by the Administrator of the General Services Administration 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 U.S. for a civil or criminal law enforcement activity authorized by law, provided the head of the agency or instrumental

ity has made a prior written request to the Director, Defense Mapping Agency specifying the particular record and the law enforcement activity for which it 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, and, to the extent of the matter within its jurisdiction, any committee or subcommittee or joint committee of Congress.

(10) To the Comptroller General or any of his authorized representatives in the course of the performance of the duties of the GAO.

(11) Under an order of a court of competent jurisdiction.

(d) Except for disclosures made pursuant to paragraphs (c) (1) and (2) of this section, an accurate accounting will be kept of the data, nature and purpose of each disclosure of a record to any person or agency, and the name and address of the person or agency to whom the disclosure was made. The accounting of disclosures will be made available for review by the subject of a record at his request except for disclosures made pursuant to paragraph (c) (7) of this section. If an accounting of disclosure has been made, any person or agency contained therein will be informed of any correction or notation of dispute made pursuant to § 295c.6.

§ 295c.9 Fees.

(a) The following services are available with respect to requests made under the provisions of this part for which fees will be charged as provided in paragraphs (b) and (c) of this section.

(1) Copying of records/documents. (2) Certification of copies of records/ documents.

(b) The fees set forth below provide for documents to be mailed with ordinary first-class postage prepaid. If a copy is to be transmitted, at the individual's request, by registered, certified, air or special delivery mail, postage therefor will be added to the basic fee. Also, if special handling or packaging is required, costs thereof will be added to the basic fee.

SYSNAME-504-01

.06

Files.

(Examples: Cost of 20 forms, $3.00; cost of a printed publication with 100 pages, $3.00; cost of a microfiche publication consisting of 10 fiche, $2.60).

Office copy reproduction (when shelf

stock is not available):

Minimum charge up to six repro

duced pages---

.05

2.00

5.00

. 05 .10

Minimum charge, first fiche.

Each additional page-

Each additional fiche___

Other issuances:

Minimum charge up to six pages_Each additional page-

2.00

Certification and validation of documents with the DMA seal_----

05

2.00

(2) Rules relating to charging fees: (i) Fees may be charged to an individual only for the making of copies when requested by the individual. When copies are made by the DMA as a necessary incident to granting access to a record, a fee may not be charged.

(ii) The individual may not be charged for time spent in searching for requested records or for time spent in reviewing records to determine if they fall within the disclosure requirements of the Act.

(iii) The fee charged may not exceed the direct cost of making the copy.

(3) Certification and validation with the DMA seal of documents will be available at $2.00 for each certification.

(c) Fees charged for the above services are payable in advance by check, or money order payable to the Treasurer of the United States.

§ 295c.10 Penalties.

The Privacy Act of 1974 (5 U.S.C. 552a (i) (3)) makes it a misdemeanor subject to a maximum fine of $5,000, to knowingly and willfully request or obtain any record concerning an individual under false pretenses. The Act also establishes similar penalties for violations by DMA employees of the Act or regulations established thereunder.

§ 295c.11 Specific exemptions.

(a) The Director of the Defense Mapping Agency proposes to designate the systems of records described in para

58-112-7648

EXEMPTION-Parts of this system of records are exempt from the following provisions of Title 5, U.S. Code, section 552a: (d), (e) (1), (e) (4) (G), (e) (4) (H), (e) (4) (I) and (f).

AUTHORITY-5 U.S.C. 552a(k) (5).

REASONS-This system of records is maintained solely for the purpose of determining an individual's qualifications, eligibility cr suitability for access to classified information. Portions of it are considered relevant and necessary to making judicious determinations as to such qualifications, eligibility or suitability and could only be obtained by providing assurances to the source that his or her identity would not be revealed to the subject of the record. Disclosure of all or part of the record with the identity of the source removed would likely reveal the identity of the source, e.g., the record could contain information which could only have been furnished by one of several individuals known to the subject.

(c) ID-Manual. SYSNAME-504-01-3 Investigative Files.

Personnel Security

EXEMPTION-Parts of this system of records are exempt from the following provisions of Title 5, U.S. Code, section 552a: (d), (e) (1), (e) (4) (G), (e) (4) (H), (e) (4) (I) and (f).

AUTHORITY- -5 U.S.C. 552a(k) (5).

REASONS-This system of records is maintained solely for the purpose of determining an individual's qualifications, eligibility or suitability for access to classified information. Portions of it are considered relevant and necessary to making judicious determinations as to such qualifications, eligibility or suitability and could only be obtained by providing assurances to the source that his or her identity would not be revealed to the subject of the record. Disclosure of all or part of the record with the identity of the source removed would likely reveal the identity of the source, e.g., the record could contain information which could only have been furnished by one of several individuals known to the subject.

(d) ID-Manual.

SYSNAME-504-02 Special Security Briefing and Debriefing Files.

EXEMPTION-Parts of this system of records are exempt from the following provisions of Title 5, U.S. Code, section 552a: (d), (e) (1), (e)(4)(G), (e) (4) (H), (e) (4) (I) and (f).

AUTHORITY-5 U.S.C. 552a(k) (5).

REASONS-This system of records is maintained solely for the purpose of determining

an individual's qualifications, eligibility or suitability for access to classified information. Portions of it are considered relevant and necessary to making judicious determinations as to such qualifications, eligibility or suitability and could only be obtained by providing assurances to the source that his or her identity would not be revealed to the subject of the record. Disclosure of all or part of the record with the identity of the sources removed would likely reveal the identity of the source, e.g., the record could contain information which could only have been furnished by one of several individuals known to the subject.

(e) In addition, all systems of records maintained by the DMA shall be exempt from the requirements of 5 U.S.C. 552a (d) pursuant to 5 U.S.C. 552a(k) (1) to the extent that such systems contain any information properly classified under Executive Order 11652, 3 CFR Part 339, and which is required by the said Executive Order to be kept secret in the interest of national defense or foreign policy. This exemption, which may be applicable to parts of all systems of records, is necessary because certain record systems not otherwise specifically designated for exemptions herein may contain isolated items of information which have been properly classified.

cedure requirements of a component. This requirement applies to those regulations which constitute the authority for actions having a substantial and direct impact on the public when consistent with other responsibilities of the Department for the efficient and responsible conduct of public business.

(b) Implements the provisions of 5 U.S.C. 552 relating to the kinds of regulations that must be published in the FEDERAL REGISTER after they are adopted. § 296.2 Applicability and scope.

(a) The provisions of this part apply to the Office of the Secretary of Defense, the Military Departments, the Organization of the Joint Chiefs of Staff, and the Defense Agencies (hereinafter referred to singularly as a "DoD component” or collectively as "DoD components").

(b) These provisions are applicable to those directives, instructions, regulations, policy memoranda, manuals, and other forms of rulemaking (hereinafter referred to as "regulations") that have a substantial and direct impact on the public. Only a regulation which must be published in the FEDERAL REGISTER after its adoption in accordance with 5 U.S.C. 552 (as implemented in § 296.5) comes within the requirement that it be evaluated to determine whether it will have the substantial and direct impact on the public that warrants an invitation for public comment prior to its adoption. An implementation by a subordinate component of a regulation adopted by a component at a higher level within the Department of Defense is not deemed to "originate" a requirement of general applicability and future effect, and therefore, does not fall within the scope of the obligation to invite public comment on its provisions.

(c) The determination by the component originating a regulation shall be final and conclusive in determining whether a regulation or a proposed regulation comes within the purview of this part. Consideration shall be given, however, to the definition of "rulemaking" found in 5 U.S.C. 551 as it relates to the requirements of 5 U.S.C. 553 in making this determination.

(d) The requirement for inviting public comment on a proposed regulation shall not be deemed applicable to any proposed regulation coming within one or more of the following exemptions or exceptions to the rulemaking procedures set forth in 5 U.S.C. 553.

(1) Any matter pertaining to a military or foreign affairs function of the United States which has been determined under the criteria of an Executive Order or statute to require a security classification in the interests of national defense or foreign policy.

(2) Any matter relating to (i) agency management, (ii) agency personnel, or (iii) public contracts (e.g., the Armed Services Procurement Regulation), including nonappropriated fund contracts.

(3) Any matter involving (1) interpretative rules, (ii) general statements of policy, or (iii) rules of agency organization, procedure, or practice.

(4) Any situation in which the DoD Component for good cause finds that inviting public comment on a proposed regulation is (i) impracticable, (ii) unnecessary, or (iii) contrary to the public interest, and incorporates in the adopted regulation that determination and its basis.

(e) Exceptions to the requirement in 5 U.S.C. 552 for publication in the FEDERAL REGISTER of adopted regulations for the guidance of the public shall be made in accordance with guidance provided in 32 CFR 286.8.

$296.3 Policy.

(a) It is the policy of the Department of Defense to encourage the maximum practicable participation of the public in the formulation of regulations having a substantial and direct impact on the public, and to inform the public fully through publication in the FEDERAL REGISTER of all adopted regulations intended for public guidance.

(b) A proposed regulation which would originate a Department of Defense policy having a substantial and direct impact on the public should be published, along with a notice of purpose and authority, in the FEDERAL REGISTER in order to invite public comment within a designated time at least 30 days prior to its intended adoption. This policy should be followed even though the proposed regulation may come within one or more of the exceptions or exemptions to the requirement for prepublication of proposed rules described in § 296.2(d) (2) (i) and (ii), (3) and (4), unless it is determined by the DoD Component as a matter within its sole and exclusive prerogative that the employment of the exception or exemption is appropriate to satisfy a significant

and legitimate interest of the DoD Component or the public.

(c) After their adoption, all regulations for the guidance of the public shall be published in the FEDERAL REGISTER in accordance with 5 U.S.C. 552, even though they may come within one or more of the exemptions described in 32 CFR 286.6. If no significant and legitimate interest of the DoD Component or public precludes such publication. This policy extends to some adopted regulations for the guidance of the public which were not the subject of notice and public comment.

§ 296.4 Proposed regulations.

(a) The general notice of a proposed regulation shall be published in the FEDERAL REGISTER in accordance with the guidance contained in the "Federal Register Handbook on Document Drafting” (GSA), whenever that regulation would have a substantial and direct impact on the public or any significant portion of the public, unless it comes within one or more of the exceptions or exemptions previously set forth in § 296.2(d).

(b) The notice shall include:

(1) A statement of the purpose and objective of the proposed regulation;

(2) Reference to the legal authority under which the regulation is proposed; and

(3) The terms or substance of the proposed regulation.

(c) Whenever the originating DoD Component finds that notice and prepublication of a proposed regulation for public comment are impracticable, unnecessary, or contrary to the public interest, it shall incorporate that finding and a brief statement of its reasons in the adopted regulation, or it may adopt and publish in the FEDERAL REGISTER a separate regulation excepting or exempting categories of regulations for any of these reasons, with an explanation of the basis for excepting or exempting each particular category. Separate regulations for this purpose shall be promulgated by the procedures for proposed rules whenever this falls within the requirements of paragraph (a) of this section.

(d) Following the publication of notice and the proposed regulat on in the FEDERAL REGISTER, the DoD Component shall give all interested persons an opportunity to participate in the rulemaking through the submission of written data, views, or arguments. An opportu