1011.4—Delegations to individual Board Members.

(6) Exercise of control over litigation arising under the Freedom of Information Act (5 U.S.C. 552) and the Privacy Act (5 U.S.C. 552a ), except for determinations whether to seek further judicial review of:
(i) A decision in which a court finds under 5 U.S.C. 552(a)(4)(F) that Board personnel may have acted arbitrarily or capriciously in improperly withholding records from disclosure; or
(ii) A decision in which a court finds under 5 U.S.C. 552a(g)(4) that Board personnel acted intentionally or willfully in violating the Privacy Act.
[67 FR 60167, Sept. 25, 2002, as amended at 68 FR 8726, Feb. 25, 2003]