Full text of Federal Reserve Bank of New York Circulars : 7756. Rules Regarding Availability of Information

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FED ER A L RESERVE BANK
O F NEW YORK

r Circular No. 7 7 5 6 1
L November 24, 1975 J

Rules Regarding Availability of Information

Rules Regarding Access to and Review of Personal Information
in Systems of Records
To A ll Member Banks, and Others Concerned,
in the Second Federal Reserve District:

Enclosed is a copy of the Board of Governors’ Rules R egarding
Availability of Inform ation (12 C FR 261), as amended effective F eb­
ruary 19, 1975, and its Rules R egarding Access to and Review of
Personal Inform ation in Systems of Records (12 C FR 261a), effective
September 28, 1975.
The pamphlet supersedes the earlier printing of the Rules R egard­
ing Availability of Inform ation, effective July 4, 1967, as amended,
and adds a new section, effective September 28, 1975, to implement the
requirements of the Privacy Act of 1974.




Additional copies of the enclosure will be furnished upon request.
P aul

A.

V o lc k e r ,

President.

BOARD OF GOVERNORS
OF THE
FEDERAL RESERVE SYSTEM

RULES REGARDING AVAILABILITY OF INFORMATION
(12 CFR 261)
As amended effective February 19, 1975

RULES REGARDING ACCESS TO AND
REVIEW OF PERSONAL INFORMATION IN SYSTEMS
OF RECORDS




(12 CFR 261a)
Effective September 28, 1975

R U L E S R E G A R D IN G A V A IL A B IL IT Y OF IN FO R M A TIO N
CONTENTS
Page
S e c . 2 6 1 .1 — B a s is
S e c . 2 6 1 .2 — D

and

S c o p e ..................................

3

...........................................

3

(a) “Information of the Board” ...................
(b) “Records of the Board” .............................

3
3

e f in it io n s

S e c . 2 6 1 .3 — P u b l i s h e d I n

(a)
(b)
(c)
(d)
(e)
(f)

...............

3

Federal R egister...........................................
Annual R ep o rts...........................................
Federal Reserve B u lle tin ..........................
Other published in form ation ...................
Obtaining published in form ation ............
Index of Board A c t io n .............................

3
3
4
4
4
4

f o r m a t io n

S e c . 2 6 1 . 4 — R e c o r d s A v a il a b l e
l ic

U

R

po n

to th e

eq u est

P ub­

.......................

(a) General r u l e ..................................................
(b) Opinions, orders, statements of policy,
interpretations, and staff manuals and
instructions .............................................
(c) Other re co r d s...............................................
(d) Obtaining access to re co r d s.....................
(e) Appeal of denial of access to records of
the Board ...............................................

4

4

4
5
5

Page
(f) Extension of time requirements in un­
usual circumstances .............................
(g ) Fee schedule ...............................................
S e c . 261.5— D e f e r m e n t o f A v a i l a b i l i t y o f
C e r t a in I n

5
5

...............

6

(a) Deferment of availability..........................
(b) Reasons for deferment of availability . .
S e c . 261.6 — E x e m p t i o n s f r o m D i s c l o s u r e .
(a) General r u le ..................................................
(b) Information available to supervised in­
stitutions and other Government
a g en cies....................................................
(c) Prohibition against d isclo su re.................
(d) Appeal from denial of access to infor­
mation .......................................................
S e c . 261.7— S u b p o e n a s ........................................
(a ) Advice by person se r v e d ..........................
(b) Appearance by person s e r v e d .................

6
6
6
6

Statutory A

f o r m a t io n

7
7
7
7
7
7

...................................................

p p e n d ix

8

5

RULES REGARDING ACCESS TO AND REVIEW OF
PERSONAL INFORMATION IN SYSTEMS OF RECORDS
CONTENTS
Page

Page
S e c . 2 6 1 a .l— P u r po se
S e c . 2 6 la .2— D

Sc

.......................

12

e f i n i t i o n s ........................................

12

and

Se c . 2 6 la .3— P rocedures
t a in in g

R ecords Sy st e m .

S e c . 2 6 1 a .5 — D

is c l o s u r e

fo r

of

I n d iv id u a l s .

S e c . 2 6 l a . 6 — S p e c ia l P r o c e d u r e s — M
S e c . 2 6 1 a .7 — R e q u e s t




A

fo r

m endm ent

C o r r e c t io n
to

R ecord

R e c o r d 13

I n it i a l A d v e r s e D
A

is c l o s u r e

v id u a l
t a in s

13

on

m endm ent
of

e­

C orrec­
............

R ecord

14

to

S e c . 2 6 1 a .11— F e e s

to

13

W

hom

It

P er­

.................................................

14

......................................................

15

S e c . 2 6 1 a . l 2 — P e n a l t ie s
13

or

..

R eq uest

P e r so n O t h e r T h a n In d i­
13

e d ic a l

...........................................

of

m e n d m e n t of

t io n or

S e c . 2 6 la . 10— D

R e q u e st e d In -'

f o r m a t io n t o

R ecords

12

a k in g

........................................

A

t e r m in a t io n

Id e n t if ic a ­

I n d iv id u a l s M

R eq uests

fo r

R e v ie w

ppeal of

I n d iv i d u a l R e c ­

S e c . 2 6 1 a .4 — R e q u i r e m e n t s
t io n o f

Se c . 2 6 l a .8— A gency
S e c . 2 6 la .9— A

R eq uests P er­

fo r

to

o r ds in a

o pe

...........................................

S e c . 2 6 la . 1 3 — E x e m p t i o n s

.....................................

15
15

R ULES R E G A R D IN G A V A IL A B IL IT Y OF IN F O R M A T IO N *
(12 CFR 261)
As amended effective February 19, 1975

(2) statements of the general course and
method by which its functions are channeled and
determined, including the nature and requirements
or all formal and informal procedures available;

SECTION 261.1— BASIS A N D SCOPE
This Part is issued by the Board of Governors
of the Federal Reserve System (the “Board”) pur­
suant to the requirement of section 552 of Title 5
of the United States Code that every Federal
agency shall publish in the Federal Register, for
the guidance of the public, descriptions of the es­
tablished places at which, the officers from whom,
and the methods whereby, the public may obtain
information, make submittals or requests, or ob­
tain decisions.

(3) rules of procedure, descriptions of forms
available or the places at which forms may be
obtained, and instructions as to the scope and con­
tents of all papers, reports, or examinations;
(4) substantive rules of general applicability
adopted as authorized by law, and statements of
general policy or interpretations of general appli­
cability formulated and adopted by the Board;

SECTION 261.2— DEFINITIONS

(5 ) every amendment, revision, or repeal of
the foregoing; and

(a) “Information of the Board”. For purposes
o f this Part, the term “information of the Board”
means all information coming into the possession
of the Board or of any member thereof, or of any
Federal Reserve Bank, or of any officer, employee,
or agent of the Board or of any Federal Reserve
Bank, in the performance of functions for or on
behalf of the Board, including functions delegated
by the Board pursuant to Part 265 of this chapter.
(b) “Records of the Board”. For purposes of
this Part, the term “records of the Board” means
rules, statements, opinions, orders, memoranda,
letters, reports, accounts, and other papers con­
taining information of the Board that constitute
part of the Board’s official files.

(6) general notices of proposed rule making.
The Board also publishes in the Federal Register
notice of receipt of applications pursuant to the
Bank Holding Company Act of 1956 (12 U.S.C.
1842), orders and supporting statements issued by
the Board with respect to such applications and
applications under the Bank Merger Act (12
U.S.C. 1828(c)), and notices of formal hearings
ordered by the Board.

(b)
Annual Reports. The Board’s Annual Re­
port to Congress pursuant to section 10 of the
Federal Reserve Act (12 U.S.C. 247), which is
made public immediately after its submission to
Congress, contains a full account of the Board’s
SECTION 261.3— PUBLISHED
operations during the year, an economic review of
INFORM ATION
the year, and legislative recommendations to Con­
(a)
Federal Register. To the extent required by gress. As required by law, the Annual Report in­
sections 552 and 553 of Title 5 of the United
cludes (1) a complete record of the policy actions
States Code, and subject to the provisions of §§
taken by the Board and the Federal Open Market
261.5 and 261.6, the Board publishes in the Fed­
Committee, showing the votes taken thereon and
eral Register for the guidance of the public, in
the reasons underlying such actions (12 U.S.C.
addition to this Part,
247a); (2) material pertaining to the administration
(1)
descriptions o f its central and field orga­of the Board’s functions under the Bank Holding
nization;
Company Act of 1956 (12 U.S.C. 1844); and (3)
material pertaining to bank mergers approved by
*
The text corresponds to the Code o f Federal Regula­
the
Board under section 18(c) of the Federal
tions, Title 12, Chapter II, Part 261, cited as 12 C FR 261.
Deposit Insurance Act (12 U.S.C. 1828 (c)).
The words “this Part”, as used herein, mean these rules.




3

§§ 261.3— 261.4

RULES REGARDING INFORMATION

Pursuant to section 114 of the Truth in Lending
Act (15 U.S.C. 1613) the Board reports annually
to the Congress concerning the administration of
its functions under the Act, and includes such
recommendation as it deems necessary or appro­
priate, and its assessment of the extent to which
compliance is being achieved. An annual report is
also submitted pursuant to the Freedom of Infor­
mation Act (5 U.S.C. 552) with regard to requests
for information under that Act.

(e) Obtaining published information. Anyone
may subscribe to the Federal Reserve Bulletin at
the rate therein indicated. A copy of each issue
of the Bulletin is sent without charge to each mem­
ber bank. Current or back issues of the Bulletin,
Annual Reports, rules, regulations, and certain
other published information may be examined at
the offices of the Board or any Federal Reserve
Bank, and copies, if in stock, are supplied by the
Board at prescribed charges or at no cost.
(f) Index of Board Action. There is available
to the public upon request to the Secretary of the
Board, at a charge not to exceed the direct cost of
duplication, copies of an index providing identi­
fying information as to any matter issued, adopted
or promulgated by the Board between July 4, 1967
and February 19, 1975. Furthermore, the Board
publishes and distributes to the public, at a cost
not to exceed the direct cost of duplication, a
weekly index providing identifying information as
to any matter issued, adopted or promulgated by
the Board after February 19, 1975.

(c) Federal Reserve Bulletin. In the Federal Re­
serve Bulletin, which is"' issued monthly, the Board
publishes economic and statistical information;
special articles on subjects of economic interest;
regulations, statements of general policy, and in­
terpretations of laws and regulations of general
interest to the public; notices of actions by the
Board on certain types of applications, such as
applications for membership in the Federal Re­
serve System; and orders and accompanying state­
ments of the Board with respect to certain types
of adjudications. Some material that is published
in the Bulletin is released in advance of such pub­
lication, examples being certain regulations, inter­
pretations, orders and opinions, a monthly sum­
mary of business conditions, the Board’s index of
industrial production, and certain other statistical
series.

SECTION 261.4— RECORDS AVAILABLE
TO THE PUBLIC UPO N REQUEST
(a) General rule. All records o f the Board,
whether or not published under § 261.3, are made
available to any person, upon request, for inspec­
tion and copying in accordance with the provisions
of this section and subject to the limitations stated
in §§ 261.5 and 261.6. Records falling within the
exemptions from disclosure set forth in section
552(b) of Title 5 of the United States Code and in
§ 261.6 may nevertheless be made available in ac­
cordance with this action to the fullest extent con­
sistent, in the Board’s judgment, with the effective
performance of the Board’s statutory responsibili­
ties and with the avoidance of injury to a public
or private interest intended to be protected by
such exemptions.
(b) Opinions, orders, statements of policy, in­
terpretations, and staff manuals and instructions.
Subject to the provisions of §§ 261.5 and 261.6,
the Board makes available for inspection and copy­
ing (1) all final opinions (including concurring and
dissenting opinions) and orders made in the ad­
judication of cases, including such opinions and
orders made pursuant to authority delegated by
the Board under Part 265 of this chapter; (2) state­
ments of policy and interpretations adopted by
the Board that are not published in the Federal

(d) Other published information. As required
by section 11(a) of the Federal Reserve A ct (12
U.S.C. 248(a)), the Board issues weekly (1) a state­
ment of the condition of the Federal Reserve
Banks; (2) a statement listing certain applications
received by or on behalf of the Board and actions
on such applications by the Board, or on behalf
of the Board pursuant to authority delegated under
Part 265 of this chapter, as well as other matters
issued, adopted, or promulgated by the Board;
and (3) a statement showing changes in the bank­
ing structure resulting from mergers and the estab­
lishment of branches. From time to time, the
Board issues statements to the press regarding par­
ticular monetary and credit actions, regulatory
actions, actions with respect to certain types of
applications, and other matters. In addition, it
issues various publications, the more important of
which are listed in the monthly Federal Reserve
Bulletin. Among such publications is a loose-leaf
compilation of Interpretations o f the Board o f
G overnors o f the Federal Reserve System .




4

§ 261.4

RULES REGARDING INFORMATION

appeal to the Board any refusal to make available
the requested records of the Board.

Register; and (3) administrative staff manuals and
instructions to staff that affect any member of the
public. However, to the extent required to prevent
a clearly unwarranted invasion of personal pri­
vacy, the Board deletes identifying details in any
material of the kinds above described; and in each
such case the justification for such deletion is ex­
plained in writing. The Board maintains and
makes available for public inspection and copying
a current index providing identifying information
for the public as to any material described in this
paragraph which is issued, adopted, or promul­
gated after July 4, 1967.

(e) Appeal of denial of access to records of
the Board. Any person who is denied access to
records of the Board, properly requested in accord­
ance with paragraph (d) of this section, may file,
with the Secretary of the Board, within ten days
of notification of such denial, a written request for
review of such denial. The Board or such member
or members as the Board may designate, shall
make a determination with respect to any such
appeal within 20 working days of its receipt, shall
immediately notify the appealing party of the de­
cision on the appeal and of the right to seek court
review of any decision which upholds, in whole or
in part, the refusal of the Secretary of the Board
to make available the requested records; and such
determination shall not be subject to the procedure
prescribed in § 265.3 of this chapter with respect
to review of actions taken pursuant to authority
delegated by the Board.

(c) Other records. Subject to the provisions of
§§ 261.5 and 261.6, records of the Board not
covered by paragraph (b) of this section, includ­
ing a record of the final votes of members of the
Board in any Board proceeding, are made avail­
able for inspection and copying to any person
upon request.
(d) Obtaining access to records. Records of the
Board subject to this section are available for in­
spection and copying during regular business hours
at the offices of the Board of Governors of the
Federal Reserve System, Federal Reserve Building,
20th Street and Constitution Avenue, N.W ., Wash­
ington, D.C. 20551, or, in the case of records
containing information required to be disclosed
under section 12 of the Securities Exchange Act
of 1934, as amended (15 U.S.C. 78), at the offices
of the Federal Deposit Insurance Corporation or
at any Federal Reserve Bank. Every request for
access to records of the Board, other than those
containing information required under section 12
of the Securities Exchange Act, shall be submitted
in writing to the Secretary of the Board, shall
state the name and address of the person request­
ing access to such records, shall clearly indicate
whether such request is an initial request or an
appeal from a denial of information requested
pursuant to the Freedom of Information Act, and
shall describe such records in a manner reason­
ably sufficient to permit their identification without
undue difficulty. The Secretary of the Board (or,
in his absence, an Assistant Secretary designated
by the Secretary) shall determine within ten work­
ing days after receipt of a request for access to
records of the Board whether to comply with such
request; and he shall immediately notify the re­
questing party of his decision, of the reasons there­
for, and of the right of the requesting party to




(f) Extension of time requirements in unusual
circumstances. In unusual circumstances as pro­
vided in 5 U.S.C. § 552(a)(6)(b), the time limi­
tations imposed upon the Secretary of the Board
or the Board in paragraphs (d) and (e) of this
section may be extended by written notice to the
requesting party for a period of time not to exceed
a total of ten working days.
(g) Fee schedule. A person requesting access
to or copies of particular records shall pay the costs
of searching for and copying such records at the
rate of $10 per hour for searching and 10 cents
per standard page for copying. With respect to in­
formation obtainable only by processing through
a computer or other information systems program,
a person requesting such information shall pay a
fee not to exceed the direct and reasonable cost of
retrieval and production of the information re­
quested. Detailed schedules of such charges are
available upon request from the Secretary of the
Board. Documents may be furnished without
charge or at a reduced charge where the Secretary
of the Board or such person as he may designate
determines that waiver or reduction of the fee is
in the public interest because furnishing the infor­
mation can be considered as primarily benefiting
the general public or where total charges are less
than $2.

5

§§ 261.5— 261.6

RULES REGARDING INFORMATION

SECTION 261.5— D EFER M EN T OF
AVAILABILITY OF
C ERTAIN INFORM ATION

(2) is contained in or related to examination,
operating, or condition reports prepared by, on
behalf of, or for the use of, the Board or a Fed­
eral
Reserve Bank, relating to the affairs of any
(a) Deferment of availability. In some instan­
bank
or affiliate thereof, bank holding company
ces, certain types of information of the Board are
or subsidiary thereof, broker, finance company,
not published in the Federal Register or made
or any other person engaged, or proposing to en­
available for inspection and copying until after
gage,
in the business of banking, extending credit,
such period of time as the Board may determine
or
managing
or controlling banks;
to be reasonably necessary to avoid the effects
(3 ) is privileged or relates to the business, per­
described in paragraph (b) of this section. For
sonal, or financial affairs of any person and is
example, such deferment of publication or availa­
furnished
in confidence; Providing, however, That,
bility of information to the public may occasion­
following
notice to the person furnishing such in­
ally be necessary with respect to information relat­
formation,
the Board may make any information
ing to the determination of monetary or credit
furnished
in
confidence in connection with an ap­
policies, including but not limited to discount
plication
for
Board approval of any transaction
rates, reserve requirements of member banks,
available to the public in accordance with § 261.4
maximum interest rates payable by member banks
(c), and, to the extent it deems necessary and
on deposits, and margin requirements.
without prior notice to such person, the Board
(b) Reasons for deferment of availability. Pub­
may comment on such information in any opinion
lication of, or public access to, certain information
or statement issued to the public in connection
of the Board may be deferred because earlier dis­
with a decision of the Board with respect to which
closure of such information would
such information is relevant;
(1) interfere with the accomplishment of the
(4) is contained in investigatory files compiled
objectives of the Board’s actions in the discharge
for law enforcement purposes (but only to the
of its statutory functions;
extent provided in the Freedom o f Information
(2) permit speculators and others to gain un­
Act (5 U.S.C. § 552(b)(7)), including informa­
fair profits or other unfair advantages by specula­
tion relating to proceedings for (i) the issuance of
tive trading in securities or otherwise;
a cease-and-desist order, or order of suspension or
(3) interfere with the orderly execution of
removal, under the Financial Institutions Super­
the objectives or policies of other Government
visory Act of 1966; (ii) the termination of mem­
bership of a State bank in the Federal Reserve
agencies;
System pursuant to section 9 of the Federal Re­
(4) result in unnecessary or unwarranted dis­
serve Act (12 U.S.C. 327); (iii) the suspension
turbances in the securities markets; or
of
a bank from use of the credit facilities of the
(5) interfere with the orderly conduct of the
Federal Reserve System pursuant to section 4 of
foreign affairs of the United States.
the Federal Reserve Act (12 U.S.C. 301); and
(iv) the granting or revocation o f any approval,
SECTION 261.6— EXEM PTIONS FROM
permission, or authority, except to the extent pro­
DISCLOSURE
vided in this Part and except as provided in Part
(a)
General rule. Except as otherwise provided 262 of this chapter concerning bank holding com ­
in this Part or as may be specifically authorized
pany and bank merger applications;
by the Board, information in the records of the
(5) relates solely to the internal personnel
Board that is not available to the public through
rules and practices or other internal practices of
other sources will not be published in the Federal
the Board;
Register or made available for inspection and
(6) is contained in personnel, medical, and
copying if such information
>
similar files, the disclosure of which would con­
(1)
is exempted from disclosure by statute orstitute a clearly unwarranted invasion of personal
privacy; or
is specifically authorized under criteria established
(7) is contained in inter-agency or intra­
by an executive order to be kept secret in the in­
agency memoranda or letters that would not be
terest of national defense or foreign policy and is
routinely available by law to a private party in
in fact classified pursuant to such executive order;




6

§§ 261.6— 261.7

RULES REGARDING INFORMATION

ployee, or agent of the Board or of any Federal
Reserve Bank who has knowledge of the subject
matter to any person who, in the judgment of such
officer, employee, or agent, has a proper interest
therein, subject, however, to the restrictions stated
in § 261.5 and this § 261.6.
(d)
Appeal from denial of access to informa­
tion. Any person who is denied access to records
of the Board may, within 5 days thereafter, file
with the Board a written request for review of
such action; and such review shall not be subject
to the procedure prescribed in § 265.3 of this
chapter with respect to review of actions taken
pursuant to authority delegated by the Board.

litigation with the Board, including but not limited
to memoranda, reports, and other documents pre­
pared by the staffs of the Board or of the Federal
Reserve Banks, and records of deliberations and
discussions at meetings of the Board or of any
committee of the Board or of the Board’s staff.
(b) Information available to supervised institu­
tions and other Government agencies. A copy of
each report of examination of each State member
bank and of each bank holding company is made
available by the appropriate Federal Reserve Bank
to the bank or company examined. Such reports
and other appropriate information relating to such
a bank or company are made available, upon re­
quest, by the Director of the Board’s Division of
Banking Supervision and Regulation to the Comp­
troller of the Currency and the Federal Deposit
Insurance Corporation, and by the appropriate
Federal Reserve Bank to the Regional Comptroller
of the Currency, the regional representative of the
Federal Deposit Insurance Corporation, and the
State governmental authority having general super­
vision of such bank or company. Such reports and
other information may be made available by the
Board to other agencies of the United States for use
where necessary in the performance of their o f­
ficial duties. All reports or other information made
available pursuant to this paragraph shall remain
the property of the Board and, except as otherwise
provided in this Part, no person, agency, or au­
thority to whom the information is made available,
or any officer, director, or employee thereof, shall
disclose any such information except in published
statistical material that does not disclose the af­
fairs of any individual or corporation.
(c) Prohibition against disclosure. Except as
provided in this Part, no officer, employee, or
agent of the Board or of any Federal Reserve
Bank shall disclose or permit the disclosure of any
unpublished information of the Board to anyone
(other than an officer, employee, or agent of the
Board or of a Federal Reserve Bank properly en­
titled to such information for the performance of
his official duties), whether by giving out or fur­
nishing such information or a copy thereof or by
allowing any person to inspect or copy such in­
formation or copy thereof, or otherwise. Notwith­
standing the foregoing, unpublished economic,
statistical, or similar information or unpublished
information regarding interpretations by the Board
of statutory or regulatory provisions may be dis­
closed, orally or in writing, by any officer, em­




SECTION 261.7— SUBPOENAS
(a) Advice by person served. If any person,
whether or not an officer, employee, or agent of
the Board or of a Federal Reserve Bank, has in­
formation of the Board that may not be disclosed
under this Part and in connection therewith is
served with a subpoena, order, or other process
requiring his personal attendance as a witness or
the production of documents or information in
any proceeding, he should promptly inform the
Secretary of the Board of such service and of all
relevant facts, including the documents and infor­
mation requested and any facts which may be of
assistance to the Board in determining whether
such documents or information should be made
available; and he should take action at the ap­
propriate time to inform the court or tribunal that
issued the process and the attorney for the party
at whose instance the process was issued, if
known, of the substance of these rules.
(b) Appearance by person served. Unless the
Board has authorized disclosure of the relevant
information, or except as provided in 18 U.S.C.
1906, any person having information of the Board
that may not be disclosed under this Part who is
required to respond to a subpoena or other legal
process shall attend at the time and place therein
mentioned and decline to disclose such informa­
tion or give any testimony with respect thereto,
basing his refusal upon this Part. If the court or
other body orders the disclosure of such informa­
tion or the giving of such testimony, the person
having such information of the Board shall con­
tinue to decline to disclose such information and
shall promptly report the facts to the Board for
such action as the Board may deem appropriate.

7

STATUTORY APPENDIX

RULES REGARDING INFORMATION

STATUTORY APPENDIX

Section 552, Title 5, United States Code, pro­
vides as follows:

(A) final opinions, including concurring and
dissenting opinions, as well as orders, made in
the adjudication of cases;

§ 552. Public information; agency rules, opinions,
orders, records, and proceedings
(a)
Each agency shall make available to the
public information as follows:
(1) Each agency shall separately state and cur­
rently publish in the Federal Register for the guid­
ance of the public—

(C) administrative staff manuals and instruc­
tions to staff that affect a member of the public;
unless the materials are promptly published and
copies offered for sale. To the extent required to
prevent a clearly unwarranted invasion of per­
sonal privacy, an agency may delete identifying
details when it makes available or publishes an
opinion, statement of policy, interpretation, or
staff manual or instruction. However, in each
case the justification for the deletion shall be ex­
plained fully in writing. Each agency shall also
maintain and make available for public inspection
and copying current indexes providing identifying
information for the public as to any matter is­
sued, adopted, or promulgated after July 4, 1967,
and required by this paragraph to be made avail­
able or published. Each agency shall promptly
publish, quarterly or more frequently, and distrib­
ute (by sale or otherwise) copies of each index
or supplements thereto unless it determines by
order published in the Federal Register that the
publication would be unnecessary and impractica­
ble, in which case the agency shall nonetheless
provide copies of such index on request at a cost
not to exceed the direct cost of duplication. A
final order, opinion, statement of policy, interpre­
tation, or staff manual or instruction that affects
a member of the public may be relied on, used,
or cited as precedent by an agency against a
party other than an agency only if—
(i) it has been indexed and either made
available or published as provided by this
paragraph; or
(ii) the party has actual and timely no­
tice of the terms thereof.
(3 )
Except with respect to the records made
available under paragraphs (1 ) and (2 ) of this
subsection, each agency upon any request for rec­
ords which (A ) reasonably describes such rec­
ords and (B ) is made in accordance with pub-

(A) descriptions of its central and field or­
ganization and the established places at which,
the employees (and in the case of a uniformed
service, the members) from whom, and the
methods whereby, the public may obtain in­
formation, make submittals or requests, or ob­
tain decisions;
(B) statements of the general course and
method by which its functions are channeled
and determined, including the nature and re­
quirements of all formal and informal proce­
dures available;
(C) rules of procedure, descriptions of forms
available or the places at which forms may be
obtained, and instructions as to the scope and
contents of all papers, reports, or examinations;
(D) substantive rules of general applicability
adopted as authorized by law, and statements
of general policy or interpretations of general
applicability formulated and adopted by the
agency; and
(E) each amendment, revision, or repeal of
the foregoing.
Except to the extent that a person has actual and
timely notice of the terms thereof, a person may
not in any manner be required to resort to, or be
adversely affected by, a matter required to be pub­
lished in the Federal Register and not so pub­
lished. For the purpose of this paragraph, matter
reasonably available to the class of persons af­
fected thereby is deemed published in the Federal
Register when incorporated by reference therein
with the approval of the Director of the Federal
Register.
(2 ) Each agency, in accordance with published
rules, shall make available for public inspection
and copying—




(B) those statements of policy and interpre­
tations which have been adopted by the agency
and are not published in the Federal Register;
and

8

RULES REGARDING INFORMATION

STATUTORY APPENDIX

lished rules stating the time, place, fees (if any),
and procedures to be followed, shall make the
records promptly available to any person.
(4 )
(A ) In order to carry out the provisions
of this section, each agency shall promulgate reg­
ulations, pursuant to notice and receipt of public
comment, specifying a uniform schedule of fees
applicable to all constituent units of such agency.
Such fees shall be limited to reasonable standard
charges for document search and duplication and
provide for recovery of only the direct costs of
such search and duplication. Documents shall be
furnished without charge or at a reduced charge
where the agency determines that waiver or re­
duction of the fee is in the public interest be­
cause furnishing the information can be consid­
ered as primarily benefiting the general public.
(B ) On complaint, the district court of the
United States in the district in which the com ­
plainant resides, or has his principal place of
business, or in which the agency records are situ­
ated, or in the District of Columbia, has jurisdic­
tion to enjoin the agency from withholding
agency records and to order the production of
any agency records improperly withheld from the
complainant. In such a case the court shall deter­
mine the matter de novo, and may examine the
contents of such agency records in camera to de­
termine whether such records or any part thereof
shall be withheld under any of the exemptions set
forth in subsection (b) of this section, and the
burden is on the agency to sustain its action.
(C ) Notwithstanding any other provision of
law, the defendant shall serve an answer or oth­
erwise plead to any complaint made under this
subsection within thirty days after service upon
the defendant of the pleading in which such com ­
plaint is made, unless the court otherwise directs
for good cause shown.
(D ) Except as to cases the court considers of
greater importance, proceedings before the dis­
trict court, as authorized by this subsection, and
appeals therefrom, take precedence on the docket
over all cases and shall be assigned for hearing
and trial or for argument at the earliest practi­
cable date and expedited in every way.
(E ) The court may assess against the United
States reasonable attorney fees and other litiga­
tion costs reasonably incurred in any case under
this section in which the complainant has sub­
stantially prevailed.
(F ) Whenever the court orders the production




9

of any agency records improperly withheld from
the complainant and assesses against the United
States reasonable attorney fees and other litiga­
tion costs, and the court additionally issues a
written finding that the circumstances surround­
ing the withholding raise questions whether
agency personnel acted arbitrarily or capricously
with respect to the withholding, the Civil Service
Commission shall promptly initiate a proceeding
to determine whether disciplinary action is war­
ranted against the officer or employee who was
primarily responsible for the withholding. The
Commission, after investigation and consideration
of the evidence submitted, shall submit its find­
ings and recommendations to the administrative
authority of the agency concerned and shall send
copies of the findings and recommendations to
the officer or employee or his representative. The
administrative authority shall take the corrective
action that the Commission recommends.
(G )
In the event of noncompliance with the
order of the court, the district court may punish
for contempt the responsible employee, and in
the case of a uniformed service, the responsible
member.
(5 ) Each agency having more than one mem­
ber shall maintain and make available for public
inspection a record of the final votes of each
member in every agency proceeding.
(6 ) (A ) Each agency, upon any request for
records made under paragraph ( 1 ), ( 2 ), or (3 )
of this subsection, shall—
(i) determine within ten days (excepting
Saturdays, Sundays, and legal public holi­
days) after the receipt of any such request
whether to comply with such request and
shall immediately notify the person making
such request of such determination and the
reasons therefor, and of the right of such
person to appeal to the head of the agency
any adverse determination; and
(ii) make a determination with respect to
any appeal within twenty days (excepting
Saturdays, Sundays, and legal public holi­
days) after the receipt of such appeal. If on
appeal the denial of the request for records
is in whole or in part upheld, the agency
shall notify the person making such request
of the provisions or judicial review of that
determination under paragraph (4 ) of this
subsection.

STATUTORY APPENDIX

RULES REGARDING INFORMATION

(B ) In unusual circumstances as specified in
this subparagraph, the time limits prescribed in
either clause (i) or clause (ii) of subparagraph
(A ) may be extended by written notice to the
person making such request setting forth the rea­
sons for such extension and the date on which a
determination is expected to be dispatched. N o
such notice shall specify a date that would result
in an extension for more than ten working days.
As used in this subparagraph, “unusual circum­
stances” means, but only to the extent reasonably
necessary to the proper processing of the particu­
lar request—
(i) the need to search for and collect the
requested records from field facilities or
other establishments that are separate from
the office processing the request;

be kept secret in the interest of national de­
fense or foreign policy and (B ) are in fact
properly classified pursuant to such Execu­
tive order;
(2 ) related solely to the internal person­
nel rules and practices of an agency;
(3 ) specifically exempted from disclosure
by statute;
(4 ) trade secrets and commercial or finan­
cial information obtained from a person and
privileged or confidential;
(5) inter-agency or intra-agency memo­
randums or letters which would not be avail­
able by law to a party other than an agency
in litigation with the agency;
(6 ) personnel and medical files and simi­
lar files the disclosure of which would con­
stitute a clearly unwarranted invasion of per­
sonal privacy;

(ii) the need to search for, collect, and
appropriately examine a voluminous amount
of separate and distinct records which are
demanded in a single request; or

(7 ) investigatory records compiled for law
enforcement purposes, but only to the extent
that the production of such records would
(A ) interfere with enforcement proceedings,
(B ) deprive a person of a right to a fair
trial or an impartial adjudication, (C ) con­
stitute an unwarranted invasion of personal
privacy, (D ) disclose the identity of a confi­
dential source and, in the case of a record
compiled by a criminal law enforcement au­
thority in the course of a criminal investiga­
tion, or by an agency conducting a lawful
national security intelligence investigation,
confidential information furnished only by
the confidential source, (E ) disclose investi­
gative techniques and procedures, or (F ) en­
danger the life or physical safety of law en­
forcement personnel;
(8 ) contained in or related to examina­
tion, operating, or condition reports pre­
pared by, on behalf of, or for the use of
an agency responsible for the regulation or
supervision of financial institutions; or
(9 ) geological and geophysical informa­
tion and data, including maps, concerning
wells.

(iii) the need for consultation, which
shall be conducted with all practicable
speed, with another agency having a substan­
tial interest in the determination of the re­
quest or among two or more components of
the agency having substantial subject-matter
interest therein.
(C ) Any person making a request to any
agency for records under paragraph ( 1 ), ( 2 ), or
(3 ) of this subsection shall be deemed to have
exhausted his administrative remedies with re­
spect to such request if the agency fails to com ­
ply with the applicable time limit provisions of
this paragraph. If the Government can show ex­
ceptional circumstances exist and that the agency
is exercising due diligence in responding to the
request, the court may retain jurisdiction and
allow the agency additional time to complete its
review of the records. Upon any determination by
an agency to comply with a request for records,
the records shall be made promptly available to
such person making such request. Any notifica­
tion of denial of any request for records under
this subsection shall set forth the names and titles
or positions of each person responsible for the
denial of such request.

Any reasonably segregable portion of a record
shall be provided to any person requesting such
(b )
This section does not apply to matters record after deletion of the portions which are
exempt under this subsection.
that are—
(1 )
(A ) specifically authorized under
(c)
This section does not authorize withhold­
criteria established by an Executive order to
ing of information or limit the availability of rec­




10

STATUTORY APPENDIX

RULES REGARDING INFORMATION

ords to the public, except as specifically stated in
this section. This section is not authority to with­
hold information from Congress.
(d)
On or before March 1 of each calendar
year, each agency shall submit a report covering
the preceding calendar year to the Speaker of the
House of Representatives and President of the
Senate for referral to the appropriate committees
of the Congress. The report shall include—
(1 ) the number of determinations made by
such agency not to comply with requests for
records made to such agency under subsec­
tion (a) and the reasons for each such de­
termination;
(2 ) the number of appeals made by per­
sons under subsection (a) ( 6 ) , the result
of such appeals, and the reason for the ac­
tion upon each appeal that results in a de­
nial of information;
(3 ) the names and titles or positions of
each person responsible for the denial of
records requested under this section, and the
number of instances of participation for
each;
(4 ) the results of each proceeding con­
ducted pursuant to subsection (a) (4 ) ( F ) ,
including a report of the disciplinary action
taken against the officer or employee who
was primarily responsible for improperly




11

withholding records or an explanation of
why disciplinary action was not taken;
(5 ) a copy of every rule made by such
agency regarding this section;
(6 ) a copy of the fee schedule and the
total amount of fees collected by the agency
for making records available under this sec­
tion; and
(7 ) such other information as indicates
efforts to administer fully this section.
The Attorney General shall submit an annual re­
port on or before March 1 of each calendar year
which shall include for the prior calendar year a
listing of the number of cases arising under this
section, the exemption involved in each case, the
disposition of such case, and the cost, fees, and
penalties assessed under subsections (a) (4 ) (E ),
( F ) , and (G ). Such report shall also include a
description of the efforts undertaken by the D e­
partment of Justice to encourage agency compli­
ance with this section.
(e)
For purposes of this section, the term
“agency” as defined in section 5 5 1 (1 ) of this title
includes any executive department, military de­
partment. Government corporation, Government
controlled corporation, or other establishment in
the executive branch of the Government (includ­
ing the Executive Office of the President), or any
independent regulatory agency.

RULES REGARDING ACCESS TO AND REVIEW OF
PERSONAL INFORMATION IN SYSTEMS OF RECORDS
(12 CFR 261a)
Effective September 28, 1975

SECTION 261 a. 1— PURPOSE A N D SCOPE
The purpose of this Part is to establish regula­
tions implementing the provisions of the Privacy
Act, 5 U.S.C. § 552a, with regard to access to and
review of personal information in systems of rec­
ords maintained by the Board of Governors of
the Federal Reserve System (“Board”).

(g)
The term “business days” means all days
except Saturdays, Sundays, and legal public holi­
days.
SECTION 2 6 la.3— PROCEDURES FOR
REQUESTS PERTAINING TO
IN D IV ID U A L RECORDS IN A
RECORDS SYSTEM 1

SECTION 261 a.2— DEFINITIONS

(e) The term “designated system of records”
means a system of records that has been listed in
the Federal Register pursuant to the requirements
of 5 U.S.C. 552a(e).

(a) Requests for notification of the existence of
or for access to personal information in a desig­
nated system of records may be made by the
person to whom such information pertains. Every
such request shall be made in writing and shall
specify that it is made pursuant to the Privacy
Act. Each request should identify the designated
system of records in which the requested record
is to be found, should reasonably describe the
information requested and, except as provided in
section 261 a.4, should include a notarized state­
ment attesting to the identity of the requestor.
(b) Requests made pursuant to paragraph (a) of
this section shall be addressed to the Director of
the Division of Personnel, Board of Governors of
the Federal Reserve System, Washington, D.C.
20551, in the case of records relating to employ­
ment with the Board. Requests for other records
should be addressed to the Secretary of the Board,
Board of Governors of the Federal Reserve Sys­
tem, Washington, D.C. 20551. Requests for in­
formation pursuant to paragraph (a) of this section
may also be made in person during regular busi­
ness hours at the offices of the Board of Gover­
nors of the Federal Reserve System, Federal
Reserve Building, 20th and Constitution Avenue,
N.W ., Washington, D.C. 20551.
(c) An individual making a request pursuant to
paragraph (a) of this section may also include in
such request a request for the accounting required

(f) The term “routine use” means, with respect
to disclosure of a record, the use of such record
for a purpose which is compatible with the pur­
pose for which it was collected.

i The Board’s System of Records has been published
in the Federal Register (40 Federal Register 43862) and
copies are available upon request to the Board o f G over­
nors o f the Federal Reserve System, Washington, D. C.
20551.

For the purposes of this Part, the following
definitions shall apply:
(a) The term “individual” means a natural
person who is either a citizen of the United States
or an alien lawfully admitted for permanent resi­
dence. The term “individual” includes the parent
of any minor or the legal guardian of any indivi­
dual who has been declared to be incompetent
due to physical or mental incapacity or age by a
court of competent jurisdiction.
(b) The term “maintain” also includes maintain,
collect, use, disseminate, or control.
(c) The term “record” means any item, collec­
tion or grouping of information about an individ­
ual maintained by the Board that contains the
individual’s name, or the identifying number,
symbol, or other identifying particular assigned
to the individual.
(d) The term “system of records” means a
group of any records under the control of the
Board from which information is retrieved by the
name of the individual or some identifying num­
ber, symbol or other identifying particular as­
signed to the individual.




12

§§ 261a.3— 261a.8

RULES REGARDING RECORDS

by section (c) of the Privacy Act, 5 U.S.C. § 552a,
of previous disclosures o f records pertaining to
such individual in a designated system of records.
(d)
Every request made pursuant to this section
will be acknowledged or, where practicable, sub­
stantially responded to within 10 business days
from receipt.

SECTION 2 6 la .6 — SPECIAL
PROCEDURES— M EDICAL RECORDS

SECTION 261 a.4— REQUIREM ENTS
FOR IDENTIFICATION OF
IN D IV ID U A LS M AKING REQUESTS

Medical records requested pursuant to subsection
2 6 la .3 will be disclosed to the requestor unless
the disclosure of such records directly to the re­
questor could, in the judgment of the official
deemed responsible for such records, have an
adverse effect upon the requestor. In such in­
stance, such information will be transmitted to a
licensed physician named by the requestor.

(a) Each request for information made pursu­
ant to section 2 6 la .3 shall include a notarized
statement attesting to the identity of the requestor
except in the following instances:
(1) Where the information requested is other­
wise publicly available under the Freedom of
Information Act, 5 U.S.C. § 552, and the Board’s
Rules Regarding Availability of Information (12
CFR 261).
(2) Where the requestor makes written re­
quest for information in person and presents a
driver’s license, birth certificate, employment
identification card or other means of identifica­
tion, sufficient to establish his identity.
(3) Where the request is only for notification
of the existence of records in a designated system
of records pertaining to the requestor.

SECTION 261 a.7— REQUEST FOR
CORRECTION OR A M E N D M EN T
TO RECORD
(a) Where an individual believes that any por­
tion of a record in a designated system of records
used in making a determination about such indi­
vidual is not accurate, relevant, timely or com ­
plete, that individual may request that such record
be amended or corrected. Such request should be
submitted in writing to the appropriate officer as
designated in section 261 a.3. Each request for
amendment or correction of a record should
identify the system of records containing the
record for which amendment or correction is
requested, specify the portion of that record re­
quested to be amended or corrected, and describe
the nature of and reasons for each requested
amendment or correction. Additionally, each re­
quest must include a notarized statement attesting
to the identity of the requestor except where the
request is presented in person and the requestor’s
identity may thereupon be verified.
(b) Nothing in paragraph (a) of this section
shall permit collateral attack upon that which has
been decided in a previous judicial, quasi-judicial,
or other proceeding.

SECTION 261 a.5— DISCLOSURE OF
REQUESTED INFORM ATION
TO IN D IV ID UA LS
(a) Information requested pursuant to section
261a.3, except for that compiled in reasonable
anticipation of a civil action or proceeding or
otherwise exempted from disclosure as provided
in section 2 6 la. 13, will be made available for
inspection and copying during regular business
hours at the Board’s offices. However, where the
requested information can be disclosed only by
providing a copy of the record, because such
record cannot reasonably be put into a form for
individual inspection (e.g., computer tapes), or
where the requestor may request that copies of
requested information be forwarded, such infor­
mation will be mailed to the requestor. Access to
or copies of requested information will be
promptly provided after the acknowledgment as
provided in subsection 261 a.3(c), unless good
cause for delay is communicated to the requestor.
(b) Fees for copying such records will be




assessed in accordance with subsection 2 6 1 a .ll.
(c)
The requestor of information may be ac­
companied in the inspection and discussion of
that information by a person of the requestor’s
own choosing upon the submission by the re­
questor of a written and signed statement author­
izing the presence of such person.

SECTION 261 a.8— A G EN C Y REVIEW
OF REQUEST FOR A M E N D M EN T
OF RECORD
(a)
As appropriate, the Secretary of the Board
or the Director of the Division of Personnel shall

13

RULES REGARDING RECORDS

§§ 261a.8— 261a.10

questor may then file a concise statement setting
forth disagreement with the affirmation of denial
within 30 days of notification of such determina­
tion and such statement shall be provided to per­
sons or other agencies to whom the disputed
record is disclosed.

acknowledge each request made pursuant to sec­
tion 261 a.7 within 10 business days of its receipt.
Such acknowledgment may request additional in­
formation necessary for a determination of the
request for amendment or correction.
(b) As appropriate, the Secretary of the Board
or the Director of the Division of Personnel shall
promptly review each request made pursuant to
section 261 a.7 in light of the criteria of accuracy,
relevance, timeliness, completeness and necessity
set forth in subsections (e)(1) and (e)(5) of the
Privacy Act, 5 U.S.C. § 552a.
(c) Upon completion of review of each request
made pursuant to section 261 a.7, the Secretary of
the Board or the Director of the Division of Per­
sonnel shall immediately inform the requestor of
the determination to grant or deny the requested
amendment or correction.
(d) Where any request pursuant to section
261 a.7 has been denied in whole or part, the
requestor shall be advised of the reasons therefor,
the procedure for appeal of the determination and
the name, title and address of the official to whom
such appeal should be directed.

SECTION 2 6 la. 10— DISCLOSURE
OF RECORD TO PERSON OTHER
T H A N IN D IV ID U A L TO WHOM
IT PERTAINS
(a) N o record contained in a designated system
of records shall be disclosed to any person or
agency without the prior written consent of the
individual to whom the record pertains unless the
disclosure is authorized by paragraph (b) of this
section.
(b) The restrictions on disclosure in paragraph
(a) do not apply to any disclosure— 1) to those
officers and employees of the Board who have a
need for the record in the performance of their
duties; 2) that is required under the Freedom of
Information Act (5 U.S.C. § 552); 3) for a routine
use listed with respect to a designated system of
records; 4) to the Bureau of the Census for pur­
poses of planning or carrying out a census or
survey or related activity pursuant to the provi­
sions of title 13 of the United States Code; 5) to a
recipient who has provided the Board with ad­
vance adequate written assurance that the record
will be used solely as a statistical research or re­
porting 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 that 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 des­
ignee to determine whether the record has such
value; 7) to another agency or to an instrumental­
ity 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 Board 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 dis­
closure notification is transmitted to the last

SECTION 261 a.9— APPEAL OF
INITIAL A D VERSE DETERM INATIO N
ON CORRECTION OR A M E N D M EN T
(a) A denial of a request made pursuant to
section 261 a.7 may be appealed to the Board of
Governors or any official designated by the Chair­
man of the Board of Governors within 30 business
days of issuance of notification of denial. Every
such appeal should be made in writing to the
official designated in the letter of initial denial,
should specify the previous background of the
request and should provide reasons why the initial
determination should be reversed.
(b) The Board of Governors or such official
designated by the Chairman of the Board shall
make a determination with respect to the review
of such appeal not later than 30 business days
from its receipt, unless the reviewing official ex­
tends such period for good cause shown.
(c) If the Board or designated official affirms
the initial denial of a request to amend or correct
made pursuant to section 261 a.7, such determina­
tion shall be communicated to the requestor
together with a statement of the reasons therefor
and the requestor shall be informed of the right
of judicial review of the determination. The re­




14

§§261 a. 10— 26 la. 13

RULES REGARDING RECORDS

known address of such individual; 9) to either
House of Congress, or, to the extent of matter
within its jurisdiction, any committee or sub­
committee thereof, any joint committee of Con­
gress or subcommittee of any such joint commit­
tee; 10) to the Comptroller General, or any of his
authorized representatives, in the course of the
performance of the duties of the General A c­
counting Office; or 11) pursuant to the order of a
court of competent jurisdiction.
SECTION 261 a.l 1— FEES
(a) Copies of records requested pursuant to sec­
tion 261 a.3 will be provided at a cost of $.10 per
page for photocopying or at a cost not to exceed
the direct cost of printing, typing or otherwise pre­
paring such copies.
(b) Documents may be furnished without
charge where total charges are less than $2.
SECTION 2 6 la. 12— PENALTIES
(a)
The Privacy Act, 5 U.S.C. § 552a(l)(3),
provides: Any person who knowingly and will­
fully requests or obtains any record concerning an
individual from an agency under false pretense
shall be guilty of a misdemeanor and fined not
more than $5,000.
SECTION 261 a . l 3— EXEMPTIONS
(a)
Pursuant to subsection (k) of the Privacy
Act, 5 U.S.C. § 552a, the Board may exempt
certain portions of records within designated sys­
tems of records from the requirements of the
Privacy Act, (including access to and review of
such records pursuant to this Part) if such portions
are:
(1) subject to the provisions of section 552
( b ) ( 1 ) of the Freedom of Information Act, 5
U.S.C. § 552;
(2) investigatory material compiled for law
enforcement purposes, other than material within
the scope of subsection (j)(2) of the Privacy Act,
5 U.S.C. § 552a: Provided, however, That if any
individual is denied any right, privilege, or benefit
that he would otherwise be entitled by Federal
law, or for which he would otherwise be eligible,
as a result of the maintenance of such material,
such material shall be provided to such individual,
except to the extent that the disclosure of such
material would reveal the identity of a source who




15

furnished information to the Government under
an express promise that the identity of the source
would be held in confidence, or, prior to the effec­
tive date of the Privacy Act, 5 U.S.C. § 552a,
under an implied promise that the identity of the
source would be held in confidence;
(3) maintained in connection with providing
protective services to the President of the United
States or other individuals pursuant to section
3056 of title 18 of the United States Code;
(4) required by statute to be maintained and
used solely as statistical records;
(5) investigatory material compiled solely for
the purpose of determining suitability, eligibility,
or qualifications for Federal civilian employment,
military service, Federal contracts, or access to
classified information, but only to the extent that
the disclosure of such material would reveal the
identity of a source who furnished information
to the Government under an express promise that
the identity of the source would be held in confi­
dence, or, prior to the effective date of the Privacy
Act, 5 U.S.C. §552a, under an implied promise
that the identity of the source would be held in
confidence;
(6) testing or examination material used
solely to determine individual qualifications for
appointment or promotion in the Federal service
the disclosure of which would compromise the
objectivity or fairness of the testing or examina­
tion process; or
(7) evaluation material used to determine
potential for promotion in the armed services,
but only to the extent that the disclosure of such
material would reveal the identity of a source
who furnished information to the Government
under an express promise that the identity of the
source would be held in confidence, or, prior to
the effective date of the Privacy Act, 5 U.S.C.
§ 552a, under an implied promise that the identity
of the source w ould'be held in confidence.
(b) Those designated systems of records which
are exempt from the requirements of this Part or
any other requirements of the Privacy Act, 5
U.S.C. § 552a, will be indicated in the notice
of designated systems of records published by
the Board.
(c) Nothing in this Part shall allow an indi­
vidual access to any information compiled in
reasonable anticipation of a civil action or pro­
ceeding.