§ 1200.2 Description and design.

(a) National Archives and Records Administration seal. The design is illustrated below and described as follows:

Centered on a disc with a double-line border a solid line rendition of an heraldic eagle displayed holding in its left talon thirteen arrows, in its right talon a branch of olive, bearing on its breast a representation of the shield of the United States and displayed above its head a partially unrolled scroll inscribed with the words LITTERA SCRIPTA MANET one above the other; all within the circumscription NATIONAL ARCHIVES AND RECORDS ADMINISTRATION, with the date 1985

at bottom center.

NATIONAL

1985

ADMINISTRATION

(b) National Archives seal. The design is illustrated below and described as in paragraph (a) of this section, encircled by the circumscription THE NATIONAL ARCHIVES OF THE UNITED STATES, with the date 1934 at the bottom center.

§ 1200.4 Authority to affix seals.

The Archivist of the United States and the Archivist's designees are authorized to affix the official seals, embossing seals, replicas and reproductions to appropriate documents, certifications and other material for all purposes authorized by this part.

§ 1200.6 Use of the seals.

(a) The seals are the official emblems of NARA and their use is therefore permitted only as provided in this part.

(b) Use by any person or organization outside NARA may be made only with prior written approval by NARA.

(c) Requests by any person or organization outside NARA for permission to use the seals must be made in writing to the Archivist of the United States, National Archives (N), Washington, DC 20408, and must specify, in detail, the exact use to be made. Any permission granted applies only to the specific use for which it was granted and is not to be construed as permission for any other use.

(d) Use of the NARA and the National Archives of the United States seals shall be primarily for informational purposes and for authentication of documents. The National Archives Trust Fund Board seal shall be used only for Trust Fund documents and publica

tions. The seals may not be used on any article or in any manner which may discredit the seals or reflect unfavorably upon NARA or which implies NARA endorsement of commercial products or services, or of the user's policies or activities.

(e) Falsely making, forging, counterfeiting, mutilating, or altering the official seals, replicas, reproductions or embossing seals, or knowingly using or possessing with fraudulent intent any altered seal is punishable under section 506 of title 18, United States Code.

(f) Any person using the official seals, replicas, reproductions, or embossing seals in a manner inconsistent with the provisions of this part is subject to the provisions of 18 U.S.C. 1017, which provides penalties for the wrongful use of an official seal, and to other provisions of law as applicable.

PART 1202-REGULATIONS IMPLEMENTING THE PRIVACY ACT OF 1974

Subpart C-Individual Access to Records

1202.40 How can I gain access to NARA

records about myself?

1202.42 How are requests for access to medical records handled?

1202.44 How long will it take for NARA to process my request?

1202.46 In what ways will NARA provide access?

1202.48 Will I have to pay for copies of records?

1202.50 Does NARA require prepayment of fees?

1202.52 How do I pay?

1202.54 On what grounds can NARA deny my

Privacy Act request?

1202.56 How do I appeal a denial of my Privacy Act request?

1202.58 How are appeals processed?

Subpart D-Disclosure of Records

1202.60

When does NARA disclose a record in a Privacy Act system of records? 1202.62 What are the procedures for disclosure of records to a third party?

1202.64 How do I appeal a denial of disclosure?

1202.66 How does NARA keep account of disclosures?

Subpart E-Request to Amend Records 1202.70 Whom should I contact at NARA to amend records about myself?

1202.72 How does NARA handle requests to amend records?

1202.74 How will I know if NARA approved my amendment request?

1202.76 Can NARA deny my request for amendment?

1202.78 How do I accept an alternative amendment?

1202.80 How do I appeal the denial of a request to amend a record?

1202.82 How do I file a Statement of Disagreement?

1202.84 Can I seek judicial review?

Subpart F-Exemptions

1202.90 What NARA systems of records are exempt from release under the National Security Exemption of the Privacy Act? 1202.92 What NARA systems of records are exempt from release under the Law Enforcement Exemption of the Privacy Act?

1202.94 What NARA systems of records are exempt from release under the Investigatory Information Material Exemption of the Privacy Act?

AUTHORITY: 5 U.S.C. 552a; 44 U.S.C. 2104(a).

SOURCE: 66 FR 65652, Dec. 20, 2001, unless otherwise noted.

Subpart A-General Information About the Privacy Act

§ 1202.1 What does this part cover?

(a) This part covers requests under the Privacy Act (5 U.S.C. 552a) for NARA operational records and records of defunct agencies stored in NARA record centers.

(b) This part explains how NARA collects, uses and maintains records about you that are filed by your name or other personal identifiers and which are contained in a "system of records" as defined by 5 U.S.C. 552a(a)(5).

(c) This part describes the procedures to gain access to and contest the contents of your records, and the conditions under which NARA discloses such records to others.

§ 1202.2 What this part does not cover. This part does not cover:

(a) Records that have been transferred into the National Archives of the United States for permanent preservation. Archival records that are contained in systems of records that become part of the National Archives of the United States are exempt from most provisions of the Privacy Act (see 5 U.S.C. 552a(1)(2) and (1)(3)). See subchapter C of this chapter for rules governing access to these type records.

(b) Records of other agencies that are stored in NARA record centers on behalf of that agency are governed by the Privacy Act rules of the transferring agency. Send your request for those records directly to those agencies.

(c) Personnel and medical records held by the National Personnel Records Center (NPRC) on behalf of the Department of Defense and the Office of Personnel Management. Privacy Act requests for these records should come to the NPRC.

§ 1202.4 Definitions.

For the purposes of this part, the term:

(a) Access means a transfer of a record, a copy of a record, or the information in a record to the subject individual, or the review of a record by the subject individual.

(b) Agency means any executive department, military department, Government corporation, Government-controlled corporation, or other establishment in the executive branch of the Government (including the Executive Office of the President), or any independent regulatory agency.

(c) Defunct agency means an agency that has ceased to exist, and has no successor in function.

(d) Defunct agency records means the records in a Privacy Act system of a defunct agency that are stored in a NARA records center.

(e) Disclosure means a transfer by any means of a record, a copy of a record, or the information contained in a record to a recipient other than the subject individual, or the review of a record by someone other than the subject individual.

(f) Individual means a citizen of the United States or an alien lawfully admitted for permanent residence.

(g) Maintain includes maintain, collect, use, or disseminate.

(h) NARA Privacy Act Appeal Official means the Deputy Archivist of the United States for appeals of denials of access to or amendment of records maintained in a system of records, except where the system manager is the Inspector General; then the term means the Archivist of the United States.

(i) Record means any item, collection, or grouping of information about an individual that is maintained by an agency, including, but not limited to, his or her education, financial transactions, medical history and criminal or employment history, and that contains his or her name or an identifying number, symbol, or other identifying particular assigned to the individual, such as a fingerprint, voiceprint, or photograph. For purposes of this part, "record" does not mean archival records that have been transferred to the National Archives of the United States.

(j) Routine use means, with respect to the disclosure of a record, the use of that record for a purpose which is compatible with the purpose for which it was collected.

(k) Solicitation means a request by a NARA employee or contractor that an

individual provide information about himself or herself.

(1) 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.

(m) Subject individual means the individual named or discussed in a record or the individual to whom a record otherwise pertains.

(n) System manager means the NARA employee who is responsible for the maintenance of a system of records and for the collection, use, and dissemination of information in that system of records.

(0) System of records means a group of records from which information is retrieved by the name of the individual or by some identifying number, symbol, or other identifier assigned to that individual.