<?xml version="1.0" encoding="UTF-8"?>
<pai>
<agency toc="yes">
<name>National Capital Planning Commission</name>
<abbrev>
NCPC
</abbrev>
<section id="ncpc1" toc="yes">
<systemNumber>-1</systemNumber>
<subsection type="systemName">Mailing Lists--NCPC.
</subsection>
<subsection type="systemLocation"><xhtmlContent><p>National Capital Planning Commission, 801 Pennsylvania Avenue, NW, Washington, DC 20576.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>Federal, State, and local government officials, neighborhood groups, and private citizens in the National Capital Region.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>Names and addresses of individuals and, where applicable, the organization, group, institution represented by the individual.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>The National Capital Planning Act of 1952, as amended (40 U.S.C. 71a(c)).
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>See appendix; also to provide information on Commission policy, procedures and meeting agendas to interested parties and persons.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage: </p><p>Paper.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Name.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>Stored in guarded building in locked files; released only to authorized personnel such as clerical staff preparing mailings to those on the list.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>At direction of those on list.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Secretariat, National Capital Planning Commission, 801 Pennsylvania Avenue, NW, Washington, DC 20576.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>Same as above.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>Generally by submitting written request to the System Manager. A copy of the Commission?s Privacy Act procedures will be sent upon request.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>Generally by submitting written request to the System Manager. A copy of the Commission?s Privacy Act procedures will be sent upon request.
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>Individuals on whom records are maintained.
</p></xhtmlContent></subsection></section>
<section id="ncpc2" toc="yes">
<systemNumber>-2</systemNumber>
<subsection type="systemName">Personnel/Payroll-NCPC.
</subsection>
<subsection type="systemLocation"><xhtmlContent><p>General Services Administration, Region 3, 7th and D Streets, SW, Washington, DC 20407; copies held by Commission (GSA holds records for the Commission under Memorandum of Agreement).
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>Commission Employees and Commission Members and Alternates.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>Payroll records including time and attendance cards, payment vouchers, comprehensive listings of employees, health benefits and Government life insurance records, requests for deductions, tax forms, W-2 forms, leave data, retirement records, notification of personnel actions.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>Title 31, U.S.C. generally, and National Capital Planning Act of 1952 as amended (40 U.S.C. 71a(c)).
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>Preparation of salary checks and maintenance of leave records; records are also released to GAO for audits, to the IRS for investigations, to Office of Personnel Management (OPM) concerning pay, benefits, retirement deductions and other information necessary for the OPM to carry out its Government wide personnel management functions. Disclosure may be made to a congressional office from the record of an individual in response to an inquiry from the congressional office made at the request of that individual. Routine uses of records maintained in this system shall include providing a copy of an employee?s Department of the Treasury Form W-2, Wage and Tax Statement, to the State, city, or other local jurisdiction which is authorized to tax the employee?s compensation. The record will be provided in accordance with a withholding agreement between the state, city or other local jurisdiction and the Department of the Treasury pursuant to 5 U.S.C. 5515, 5517, or 5520, on in the absence thereof, in response to a written request from an appropriate official of the taxing jurisdiction of the Executive Officer, Administration, National Capital Planning Commission, 801 Pennsylvania Avenue, NW, Washington, DC 20576. The request must include a copy of the applicable statute or ordinance authorizing the taxation of compensation and should indicate whether the authority of the jurisdiction to tax the employee is based on place of residence, place of employment, or both.
</p><p>Pursuant to a withholding agreement between a city and the Department of the Treasury (5 U.S.C. 5520), copies of executed city tax withholding certificates shall be furnished the city in response to a written request from an appropriate city official to the Executive Officer (Administration).
</p><p>In the absence of a withholding agreement, the social security number will be furnished only to a taxing jurisdiction which has furnished this agency with evidence of its independent authority to compel disclosure of the social security number, in accordance with section 7 of the Privacy Act, Pub. L. 93-579.
</p><p>Also see appendix.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p> Storage:
</p><p>NCPC files consist of paper records maintained in folders, and on automated data storage devices.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Name and/or Social Security Number.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>Stored in secured building in locked files, code control computers; released only to authorized personnel in Administrative Office responsible for maintaining these files.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>In accordance with the GSA General Records Schedule 2 and the GAO Manual for Guidance of Federal Agencies.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Executive Officer, Administration, National Capital Planning Commission, 801 Pennsylvania Avenue, NW, Washington, DC 20576.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>Same as above.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>Generally by submitting written request to the System Manager. A copy of the Commission?s Privacy Act procedures will be sent upon request.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>Generally by submitting written request to the System Manager. A copy of the Commission?s Privacy Act procedures will be sent upon request.
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>Individuals on whom records are maintained.
</p></xhtmlContent></subsection>
<subsection type="exemptionsClaimed"><xhtmlContent><p>None.
</p></xhtmlContent></subsection></section>
<section id="ncpc3" toc="yes">
<systemNumber>-3</systemNumber>
<subsection type="systemName">Grievance Records.
</subsection>
<subsection type="systemLocation"><xhtmlContent><p>These records are located in the Administrative Office of the National Capital Planning Commission.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>Current or former employees of the National Capital Planning Commission who have submitted grievances in accordance with part 771 of the regulations of the U.S. Office of Personnel Management (5 CFR part 771).
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>The system contains records relating to grievances filed by agency employees under part 771 of regulations issued by the U.S. Office of Personnel Management (OPM). These case files contain all documents related to the grievance, including statements of witnesses, reports of interviews and hearings, examiner?s findings and recommendations, a copy of the original and final decision, and related correspondence and exhibits.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>5 U.S.C. 1302, 3301, 3302, E.O. 10577, 3 CFR 1954-1958 Comp., p. 218, E.O. 10987, 3 CFR 1959-1963 Comp., p. 519, agency employees, for personal relief in a matter of concern or dissatisfaction which is subject to the control of agency management.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>These records and information in these records may be used:
</p><p>(a) To disclose pertinent information to the appropriate Federal, state or local agency responsible for investigating, prosecuting, enforcing or implementing a statute, rule, regulation, or order, where the disclosing agency becomes aware of an indication of a violation or potential violation of civil or criminal law or regulation.
</p><p>(b) To disclose information to any source from which additional information is requested in the course of processing a grievance, to the extent necessary to identify the individual, inform the source of the purpose(s) of the request, and identify the type of information requested.
</p><p>(c) To disclose information to a Federal agency, in response to its request, in connection with the hiring or retention of an employee, the issuance of a security clearance, the conducting of a security or suitability investigation of an individual, the classifying of jobs, the letting of a contract or the issuance of a license, grant, or other benefit by the requesting agency, to the extent that the information is relevant and necessary to requesting the agency?s decision on the matter.
</p><p>(d) To provide information to a congressional office from the record of an individual in response to an inquiry from that congressional office made at the request of that individual.
</p><p>(e) To disclose information to another Federal agency or to a court when the Government is party to a judicial proceeding before the court.
</p><p>(f) By the National Archives and Records Administration (General Services Administration) in records management inspections conducted under authority of 44 U.S.C. 2904 and 2906.
</p><p>(g) By the Commission or by the U.S. Office of Personnel Management (OPM) in the production of summary descriptive statistics and analytical studies in support of the function for which the records are collected and maintained, or for related work force studies. While published statistics and studies do not contain individual indentifiers, in some instances the selection of elements of data included in the study may be structured in such a way as to make the data individually identifiable by inference.
</p><p>(h) To disclose information to officials of the Merit Systems Protection Board, including the Office of the Special Counsel; the Federal Labor Relations Authority and its General Counsel, or the Equal Employment Opportunity Commission when requested in performance of their authorized duties.
</p><p>(i) To disclose in response to a request for discovery or for appearance of a witness, information that is relevant to the subject matter involved in a pending judicial or administrative proceeding.
</p><p>(j) To provide information to officials of labor organizations reorganized under the Civil Service Reform Act when relevant and necessary to their duties of exclusive representation concerning personnel policies, practices, and matters affecting work conditions.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage: </p><p>These records are maintained in file folders.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>These records are retrieved by the names of the individuals on whom they are maintained.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>These records are maintained in lockable metal filing cabinets to which only authorized personnel have access.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>These records are disposed of 3 years after closing of the case. Disposal is by shredding or burning.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Executive Officer, National Capital Planning Commission, 801 Pennsylvania Avenue, NW, Washington, DC 20576.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>It is required that individuals submitting grievances be provided a copy of the record under the grievance process. They may, however, also contact the agency administrative office regarding the existence of such records on them. They must furnish the following information for their records to be located and identified:
</p><p>(a) Name
</p><p>(b) Date of birth
</p><p>(c) Approximate date of closing of the case and kind of action taken
</p><p>(d) Organizational component involved.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>It is required that individuals submitting grievances be provided a copy of the record under the grievance process. However, after the action has been closed, an individual may request access to the official copy of the grievance file by contacting the agency administrative office.
</p><p>Individuals must provide the following information for their records to be located and identified.
</p><p>(a) Name
</p><p>(b) Date of birth
</p><p>(c) Approximate date of closing of the case and kind of action taken
</p><p>(d) Organizational component involved.
</p><p>Individuals requesting access must also follow the Privacy Act regulations of the U.S. Office of Personnel Management regarding access to records and verification of identity (5 CFR 297.203 or 297.201).
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>Review of requests from individuals seeking amendment of their records which have been the subject of a judicial or quasi-judicial action will be limited in scope. Review of amendment requests of these records will be restricted to determining if the record accurately documents the action of the agency ruling on the case, and will not include a review of the merits of the action, determination, or finding.
</p><p>Individuals wishing to request amendment to their records to correct factual errors should contact the agency administrative office. Individuals must furnish the following information for their records to be located and identified;
</p><p>(a) Name
</p><p>(b) Date of birth
</p><p>(c) Approximate date of closing of the case and kind of action taken
</p><p>(d) Organizational component involved.
</p><p>Individuals requesting amendment must also follow the Privacy Act regulations of the U.S. Office of Personnel Management regarding amendment to records and verification of identity (5 CFR 297.208 and 297.201).
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>Information in this system of records is provided:
</p><p>(a) By the individual on whom the record is provided:
</p><p>(b) By testimony of witnesss
</p><p>(c) By agency officials
</p><p>(d) From related correspondence from organizations or persons.
</p></xhtmlContent></subsection></section>

<appendix id="app" toc="yes">
<title>NCPC</title>
<xhtmlContent><p>In the event that a system of records maintained by this agency to carry out its functions indicates a violation or potential violation of law, whether civil, criminal or regulatory in nature, and whether arising by general statute or particular program statute, or by regulation, rules or order issued pursuant thereto, the relevant records in the system of records may be referred, as a "routine use", to the appropriate agency, whether Federal, State, local, or foreign, charged with the responsibility of investigating or prosecuting such violations or charged with enforcing or implemening the statute, or rule, regulation or order issued pursuant thereto.
</p><p>A record from this system of records may be disclosed as a "routine use" to a Federal, State, or local agency maintaining civil, criminal or other relevant enforcement information or other pertinent information, such as current licenses, if necessary, to obtain information relevant to an agency decision concerning the hiring or retention of any employee, the issuance of a security clearance, the letting of a contract or the issuance of a license, grant or other benefit.
</p><p>A record from this system of records may be disclosed to a Federal agency, in response to its request, in connection with the hiring or retention of an employee, the issuance of a security clearance, the reporting of an investigation of an employee, the letting of a contract, or the issuance of a license, grant, or other benefit by the requesting agency, to the extent that the information is relevant and necessary to the requesting agency?s decision in the matter.
</p><p>A record from this system or records may be disclosed to an authorized appeal grievance examiner, formal complaints examiner, equal employment opportunity investigator, arbitrator, or other duly authorized official engaged in investigation or settlement of a grievance, complaint, or appeal filed by an employee. A record from this system of records may be disclosed to the United States Civil Service Commission in accordance with the agency?s responsibility for evaluation and oversight of Federal personnel management.
</p><p>A record from this system of records may be disclosed to officers and employees of a Federal agency for purposes of audit.
</p><p>A record from this system of records may be disclosed as a "routine use" to a Member of Congress or to a congressional staff member in response to an inquiry of the congressional office made at the request of the individual about whom the record is maintained.
</p><p>A record from this system of records may be disclosed to officers and employees of the General Services Administration in connection with administrative services provided to this agency under agreement with GSA.
</p></xhtmlContent></appendix>
<regulations id="reg" toc="yes">
<regulationsTitle number="1">
<heading> General Provisions </heading>
<regulationsChapter number="IV">
<heading> National Capital Planning Commission </heading>
<regulationsPart number="455">
<heading> NATIONAL CAPITAL PLANNING COMMISSION (PRIVACY ACT REGULATIONS)
</heading>
<xhtmlContent>
<p>Sec.
</p>
<p>455.1 Purpose and scope.
</p>
<p>455.2 Definitions.
</p>
<p>455.3 Procedures for requests pertaining to individual records in a record system.
</p>
<p>455.4 Times, places, and requirements for identification of individuals making requests.
</p>
<p>455.5 Disclosure of requested information to individuals.
</p>
<p>455.6 Request for correction or amendment to the record.
</p>
<p>455.7 Agency review of request for correction or amendment of the record.
</p>
<p>455.8 Appeal of an initial adverse agency determination on correction or amendment of the record.
</p>
<p>455.9 Disclosure of record to a person other than the individual to whom the record pertains.
</p>
<p>455.10 Fees.
</p>
<p>455.11 Penalties.
</p>
<p>455.12 Exemptions.
</p>
<p><b>Authority:</b> 5 U.S.C. 552a.
</p>
<p><b>Source:</b> 42 FR 7921, Feb. 8, 1977, unless otherwise noted.
</p>
<p><b>&#167; 455.1
 Purpose and scope.
</b></p>
<p>These procedures provide the means by which individuals may safeguard their privacy by obtaining access to, and requesting amendments or corrections in, information, if any, about these individuals which is under the control of the National Capital Planning Commission (hereafter, the "Commission").
</p>
<p><b>&#167; 455.2
 Definitions.
</b></p>
<p>For the purpose of these procedures:
</p>
<p>(a) The term <i>individual</i> means a citizen of the United States or an alien lawfully admitted for permanent residence;
</p>
<p>(b) The term <i>maintain</i> includes maintain, collect, use, or disseminate;
</p>
<p>(c) The term <i>record</i> means any item, collection or grouping of information about an individual that is maintained by the Commission, including, but not limited to, his or her payroll information and mailing address and that contains his or her name, or the identifying number, symbol, or other identifying particular assigned to the individual, such as social security number;
</p>
<p>(d) The term <i>system of records</i> means a group of any records under the control of the Commission from which information is retrieved by the name of the individual or by some identifying number, symbol, or other identifying particular assigned to the individual; and
</p>
<p>(e) The term <i>routine use</i> means, with respect to the disclosure of a record, the use of such record for a purpose which is compatible with the purpose for which it was collected.
</p>
<p><b>&#167; 455.3
 Procedures for requests pertaining to individual records in a record system.
</b></p>
<p>(a) An individual who wishes to know whether a system of records maintained by the Commission contains a record pertaining to him or her shall submit a written request to that effect to the appropriate System Manager at the Commission. The System Manager shall, within 10 days of the receipt of such submission, inform the individual whether a system of records maintained by the Commission contains such a record.
</p>
<p>(b) An individual who desires access to any identified record shall file a request therefor, addressed to the System Manager indicating whether such individual intends to appear in person at the Commission?s offices or whether he or she desires to receive a copy of any identified record through the mail.
</p>
<p><b>&#167; 455.4
 Times, places, and requirements for identification of individuals making requests.
</b></p>
<p>(a) An individual who, in accord with &#167; 455.3(b) of this part indicated that he or she would appear personally shall do so at the Commission?s offices, 1325 G Street NW., Washington, DC, between the hours of 8:30 A.M. and 5:00 P.M., Monday through Friday (legal holidays excluded) and present a form of identification, such as a valid driver?s license or employee identification card, which will permit the System Manager to verify that the individual is the same individual as contained in the record requested.
</p>
<p>(b) An individual who, in accord with &#167; 455.3(b) of this part indicated that he or she desired mail delivery of a copy of the record shall include in the request the date and location of birth of the individual as suitable proof of identity.
</p>
<p>(c) Where the above mentioned forms of identification are not feasible or appropriate, the Commission shall request a signed statement from the individual asserting his or her identity and stipulating that the individual understands that knowingly or willfully seeking or obtaining access to records about another individual under false pretenses is punishable by a fine of up to $5,000.
</p>
<p><b>&#167; 455.5
 Disclosure of requested information to individuals.
</b></p>
<p>Upon verification of identity, the System Manager shall disclose to the individual: (a) The information contained in the record which pertains to that individual; and (b) the accounting of disclosures of the record, if any, required by 5 U.S.C. 552a(c).
</p>
<p><b>&#167; 455.6
 Request for correction or amendment to the record.
</b></p>
<p>An individual may request that a record pertaining to him or her be amended or corrected. The individual shall submit any such request in accord with &#167; 455.3 of this part and shall state therein the item sought to be amended and specific reasons therefor.
</p>
<p><b>&#167; 455.7
 Agency review of request for correction or amendment of the record.
</b></p>
<p>Within ten days of the receipt of the request to correct or to amend the record, the System Manager will acknowledge in writing such receipt and promptly either: (a) Make any correction or amendment of any portion thereof which the individual believes is not accurate, relevant, timely, or complete and inform the individual of same; or (b) inform the individual of his or her refusal to correct or to amend the record in accordance with the request, the reason for the refusal, and the procedures established by the Commission for the individual to request a review of that refusal.
</p>
<p><b>&#167; 455.8
 Appeal of an initial adverse agency determination on correction or amendment of the record.
</b></p>
<p>An individual who disagrees with the refusal of the System Manager to correct or to amend his or her record may submit a request for a review of such refusal to the Chairman of the Commission, 1325 G Street NW., Washington, DC 20576. The Chairman will, not later than thirty days from the date on which the individual requests such review, complete such review and make a final determination unless, for good cause shown, the Chairman extends such thirty day period. If, after his or her review, the Chairman also refuses to correct or to amend the record in accordance with the request, the individual may file with the Commission a concise statement setting forth the reasons for his or her disagreement with the refusal of the Commission and may seek judicial review of the Chairman?s determination under 5 U.S.C. 552a(g)(1)(A).
</p>
<p><b>&#167; 455.9
 Disclosure of record to a person other than the individual to whom the record pertains.
</b></p>
<p>An individual to whom a record is to be disclosed in person may have a person of his or her own choosing accompany the individual when the record is disclosed.
</p>
<p><b>&#167; 455.10
 Fees.
</b></p>
<p>(a) The Commission will not charge an individual for the costs of making a search for a record or the costs of reviewing the record. When the Commission makes a copy of a record as a necessary part of the process of disclosing the record to an individual, the Commission will not charge the individual for the cost of making that copy.
</p>
<p>(b) If an individual requests the Commission to furnish him or her with a copy of the record (when a copy has not otherwise been made as a necessary part of the process of disclosing the record to the individual), the Commission will charge a fee of $0.25 per page (maximum per page dimension of 8 1/2 x 13 inches) to the extent that the request exceeds $5.00 in cost to the Commission. Requests not exceeding $5.00 in cost to the Commission will be met without cost to the requester.
</p>
<p><b>&#167; 455.11
 Penalties.
</b></p>
<p>Title 18 U.S.C. 1001, Crimes and Criminal Procedures, makes it a criminal offense, subject to a maximum fine of $10,000 or imprisonment for not more than five years or both, to knowingly and willfully make or cause to be made any false or fraudulent statements or representations in any matter within the jurisdiction of any agency of the United States. Section 552a(i)(3) of the Privacy Act (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. Section 552a(i) (1) and (2) of the Privacy Act (5 U.S.C. 552a(i) (1) and (2)) provide penalties for violations by agency employees of the Privacy Act or regulations established thereunder.
</p>
<p><b>&#167; 455.12
 Exemptions.
</b></p>
<p>No Commission records system is exempted from the provisions of 5 U.S.C. 552a as permitted under certain conditions by 5 U.S.C. 552a (j) and (k).
</p>
</xhtmlContent>
</regulationsPart>
</regulationsChapter>
</regulationsTitle>
</regulations>
</agency>
</pai>
