Chemical Safety and Hazard Investigation Board CSB

Notice of Systems of Records, Preliminary Statement

Government-wide Systems of Records

In addition to the internal systems of records described below, the CSB also maintains certain records covered by government-wide systems of records. Government-wide systems of records are established by Federal agencies, such as the Office of Personnel Management (OPM) and the Equal Employment Opportunity Commission (EEOC), that are responsible for government-wide functions. These systems are described in notices published by the establishing agency. While the establishing agency creates and administers the system, the actual records are physically maintained at agencies throughout the government, such as the CSB. Requests for CSB records covered by a government-wide system of records should be directed to the CSB. In accordance with the directive of Office of Management and Budget (OMB) Circular No. A-130, the CSB is not creating or publishing internal systems of records that wholly or partly duplicate existing government-wide systems of records.

The CSB currently maintains, or may in the future maintain, records covered by the following government-wide systems of records: EEOC/GOVT-1 (Equal Employment Opportunity in the Federal Government Complaint and Appeal Records); GSA/GOVT-4 (Contracted Travel Services Program); MSPB/GOVT-1 (Appeals and Case Records); OGE/GOVT-1 (Executive Branch Public Financial Disclosure Reports and Other Ethics Program Records); OGE/GOVT-2 (Confidential Statements of Employment and Financial Interests); OPM/GOVT-1 (General Personnel Records); OPM/GOVT-2 (Employee Performance File System Records); OPM/GOVT-3 (Records of Adverse Actions, Performance Based Reductions in Grade and Removal Actions, and Termination of Probationers); OPM/GOVT-5 (Recruiting, Examining, and Placement Records); OPM/GOVT-9 (File on Position Classification Appeals, Job Grading Appeals, and Retained Grade or Pay Appeals); OPM/GOVT-10 (Employee Medical File System Records).

Statement of General Routine Uses

The following general routine uses are incorporated by this reference into each system of records set forth herein, unless such incorporation is specifically limited in the system description.

1. In the event that a record in a system indicates any violation or potential violation of the law, whether civil, criminal, or regulatory in nature, and whether arising by statute, or by regulation, rule, or order issued pursuant thereto, the relevant record may be referred by authorized CSB personnel as a routine use to the appropriate agency, whether Federal, state, local, or foreign, charged with the responsibility of investigating or prosecuting such violation, or charged with enforcing or implementing the statute, rule, regulation, or order issued pursuant thereto. Such referral shall also include and be deemed to authorize any and all appropriate and necessary uses of such record in a court of law or before an administrative board or hearing.

2. A record covered by a system may be disclosed by authorized CSB personnel as a routine use to designated officers and employees of other agencies and departments of the Federal government having an interest in the individual for employment purposes, including the hiring or retention of any employee, the issuance of a security clearance, the letting of a contract, or the issuance of 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 on the matter involved.

3. Disclosure of information by authorized CSB personnel to the Department of Justice, or in a proceeding before a court, adjudicative body, or other administrative body before which the CSB is authorized to appear, when:

a. The CSB, or any component thereof; or

b. Any employee of the CSB in his or her official capacity; or

c. Any employee of the CSB in his or her individual capacity where the Department of Justice or the CSB has agreed to represent the employee; or

d. The United States, when the CSB determines that litigation is likely to affect the CSB or any of its components, is a party to litigation or has an interest in such litigation, and the use of such records by the Department of Justice or the CSB is deemed by the CSB to be relevant and necessary to the litigation provided, however, that in each case it has been determined that the disclosure is compatible with the purpose for which the records were collected.

4. Any record in any system of records may be disclosed by authorized CSB personnel as a routine use to the National Archives and Records Administration in the course of records management inspections conducted under authority of 44 U.S.C. 2904 and 2906.

5. Information from any system of records may be released by authorized CSB personnel to auditors in the conduct of an audit of CSB operations or accounts, but only to the extent it is relevant and necessary to the conduct of the audit.

6. Information from any system of records may be released by authorized CSB personnel to the Federal Emergency Management Agency, Office of Inspector General (OIG), to the extent necessary to comply with the OIG"s authorized oversight functions.

1 Non-competitive Appointment Records.

Unclassified.

Records in this system are located at the CSB offices, 2175 K Street, NW, Suite 400, Washington, DC 20037-1809. Some records may also be located at the Department of the Treasury, Bureau of the Public Debt, Administrative Resource Center, Parkersburg, West Virginia 26106.

Successful and unsuccessful applicants for employment with the CSB in positions that were actually filled by non-competitive appointment.

Identifying information, such as name(s), social security number, sex, date of birth, home address, mailing address, and home telephone number; applications for employment with the CSB in positions that were actually filled by non-competitive appointment (records relating to competitive appointments are covered by the government-wide system of records OPM/GOVT-5) and related records, such as application letters, resumes, Optional Application for Federal Employment (OF-612), and correspondence between applicants and the CSB; and related records.

5 U.S.C. 3101; 5 CFR part 293.

Records in this system are used to screen the qualifications of and make selections from applicants for employment in positions filled by non-competitive appointment.

1. Evaluation by CSB managers of applicants" qualifications and selection of applicants for positions.

2. Provision by authorized CSB personnel of summary information on personnel for budgetary purposes.

3. Disclosure of information by authorized CSB personnel to the Merit Systems Protection Board or the Office of the Special Counsel in connection with appeals, and such other functions as may be authorized by law.

4. Administrative Resource Center, Bureau of the Public Debt: May receive information from this system as needed to maintain official personnel records for and provide personnel management services to the CSB.

Storage:

These records are maintained in file folders and on lists and forms.

These records are retrieved by name and/or social security number.

Records are located in locked file cabinets with access limited to those personnel whose official duties require access.

Records in this system are maintained in accordance with the National Archives and Records Administration General Records Schedule.

The records in this system are managed by the Directors of the individual offices which solicited the applications and filled the position. All office directors may be reached at the U.S. Chemical Safety and Hazard Investigation Board, 2175 K Street, NW., Suite 400, Washington, DC 20037.

Individuals wishing to inquire whether this system of records contains information about them should contact the Director of the office to which they applied for a position:

Individuals must furnish the following information for their records to be located and identified:

a. Full name.

b. Date of birth.

c. Social security number.

d. Signature.

Individuals wishing to request access to their records should contact the CSB, as specified in the Notification Procedure, above. For their records to be located and identified, individuals must furnish all of the information specified in the Notification Procedure, and also comply with the CSB Privacy Act regulations codified at 40 CFR part 1602, on verification of identity and access to records.

Individuals wishing to request amendment of their records in this system should contact the appropriate system manager, as described above. For their records to be located and identified, individuals must furnish all of the information specified in the Notification Procedure, and also comply with the CSB Privacy Act regulations codified at 40 CFR part 1602, on verification of identity and amendment of records.

Information in this system of records is provided by:

a. The individual on whom the record is maintained.

b. Educational institutions.

c. Agency officials and other individuals or entities.

2 Payroll and Pay Administration Records.

Unclassified.

Records in this system are located at the CSB offices, 2175 K Street, NW., Suite 400, Washington, DC 20037-1809. Records may also be located at the Department of the Treasury, Bureau of the Public Debt, Administrative Resource Center, Parkersburg, West Virginia 26106; or at the United States Department of Agriculture, National Finance Center, New Orleans, Louisiana 70161.

Current and former CSB employees.

Identifying information, such as name(s), social security number, sex, date of birth, home address, mailing address, and home telephone number; individual employee pay records; time and attendance source records, such as individual employee time sheets; time and attendance input records, used to input data into a payroll system; employee tax records, such as IRS form W-4 and state equivalents; direct deposit records, such as Direct Deposit Sign-Up Form (SF-1199A); records related to the authorization and use of leave, such as Application for Leave (SF-71); records related to payroll actions, financial transactions, and deductions; overtime and premium pay authorization records; and related records.

31 U.S.C. 3512.

The payroll and pay administration records provide the basic source of factual data about CSB employees" entitlement to pay and related administrative matters. Records in this system have various uses, including processing employee payroll; authorizing overtime, premium pay, and leave; determining status, eligibility, and employees" rights and benefits under pertinent laws and regulations governing Federal employees" pay; satisfying the tax reporting obligations of the CSB and its employees; and providing other information needed for pay administration.

1. Use by authorized CSB personnel for verification of pay status and other basic information regarding employee pay for the general purposes set forth above.

2. Use by authorized CSB personnel for preparation of time and attendance reports and other documentation required to process the biweekly payroll.

3. Provision by authorized CSB personnel of summary information on personnel for budgetary purposes.

4. Disclosure of information by authorized CSB personnel to the Merit Systems Protection Board or the Office of the Special Counsel in connection with appeals, and such other functions as may be authorized by law.

5. Administrative Resource Center, Bureau of the Public Debt: May receive information from this system as needed to process payroll and provide other pay administration services to the CSB.

6. Department of Defense: May receive information from this system as needed to adjust military retirement.

7. Department of Labor: May receive information from this system as needed to process workers" compensation claims.

8. Financial institutions: May receive information from this system as needed to credit accounts for deposits and/or allotments made through payroll deductions.

9. General Accounting Office: May receive information from this system as needed to verify accuracy and legality of disbursements.

10. Internal Revenue Service: May receive information from this system as needed to process Federal income tax.

11. National Finance Center, USDA: May receive information from this system as needed to process payroll and provide other pay administration services to the CSB.

12. Office of Personnel Management: May receive information from this system as needed to maintain records of transfer, retirement, and benefits; and collect anonymous statistical reports.

13. Social Security Administration: May receive information from this system as needed to maintain Social Security records and benefits.

14. State and local government: May receive information from this system as needed to process state and local income tax.

Storage:

These records are maintained in file folders and on lists and forms.

These records are retrieved by name and/or social security number.

Records are located in locked file cabinets with access limited to those personnel whose official duties require access.

CSB payroll and pay administration files are maintained for the period of the employee"s service and thereafter in accordance with the National Archives and Records Administration General Records Schedule 2.

Director of Management Operations, U.S. Chemical Safety and Hazard Investigation Board, 2175 K Street, NW., Suite 400, Washington, DC 20037.

Individuals wishing to inquire whether this system of records contains information about them should contact the system manager listed above.

Individuals must furnish the following information for their records to be located and identified:

a. Full name.

b. Date of birth.

c. Social security number.

d. Signature.

Individuals wishing to request amendment of their records related to their pay should contact the system manager listed above. For their records to be located and identified, individuals must furnish all of the information specified in the Notification Procedure, and also comply with the CSB Privacy Act regulations codified at 40 CFR part 1602, on verification of identity and amendment of records.

Information in this system of records is provided by:

a. The individual on whom the record is maintained.

b. Agency officials and other individuals or entities.

3 Staff Resume Book.

Unclassified.

Records in this system are located at the CSB offices, 2175 K Street, NW, Suite 400, Washington, DC 20037-1809.

Members of the CSB"s Investigations and Safety Programs staff.

Identifying information, such as name(s), social security number, sex, date of birth, home address, mailing address, and home telephone number; resumes; and other records summarizing employees" educational background and work experience.

5 U.S.C. 301.

These records provide a source of factual data about investigative employees" mission-related work and educational experience.

1. Use by authorized CSB personnel for verification of basic information regarding employees.

2. Authorized CSB personnel may distribute information from this system of records to bona fide representatives of the media, congressional staffs, state and local governments, or other individuals with a legitimate need to understand the qualifications of the CSB"s technical staff.

Storage:

These records are maintained in file folders and/or in three-ring binders.

These records are retrieved by name.

Records are located in locked file cabinets or in locked offices with access limited to those personnel whose official duties require access.

Records in this system are maintained in accordance with the applicable National Archives and Records Administration General Records Schedules.

Director of Investigations and Safety Programs, U.S. Chemical Safety and Hazard Investigation Board, 2175 K Street, NW, Suite 400, Washington, DC 20037.

Individuals wishing to inquire whether this system of records contains information about them should contact the system manager listed above.

Individuals must furnish the following information for their records to be located and identified:

a. Full name.

b. Date of birth.

c. Social security number.

d. Signature.

Individuals wishing to request amendment of their records should contact the system manager listed above. For their records to be located and identified, individuals must furnish all of the information specified in the Notification Procedure, and also comply with the CSB Privacy Act regulations codified at 40 CFR part 1602, on verification of identity and amendment of records.

Information in this system of records is provided by:

a. The individual on whom the record is maintained.

4 Employee Travel Records.

Unclassified.

Current and former CSB employees who have traveled pursuant to authorized official CSB business.

Identifying information, such as name(s), social security number, sex, date of birth, home address, mailing address, and home telephone number; records related to destination, itinerary, mode, purpose, and dates of travel; travel expense records, such as vouchers and receipts; and related records.

5 U.S.C. 5707; 31 U.S.C. 3512

The employee travel records provide the basic source of factual data about CSB employees" official travel activities. Records in this system have various uses, including the planning, authorization, and tracking of employees" official travel; processing travel vouchers and other travel-related payments; and related purposes.

General routine use number 2 (listed in the Prefatory Statement to this Notice) does not apply to the CSB-4 system.

1. Verification by authorized CSB personnel of travel status and other basic information regarding employees for the general purposes set forth above.

2. Preparation by authorized CSB personnel of documentation required to process travel vouchers and authorizations.

3. Preparation and maintenance by authorized CSB personnel of financial reports and records.

4. Provision by authorized CSB personnel of summary information on travel expenses for budgetary purposes.

5. Disclosure of information by authorized CSB personnel to the Merit Systems Protection Board or the Office of the Special Counsel in connection with appeals, and such other functions as may be authorized by law.

6. Administrative Resource Center, Bureau of the Public Debt: May receive information from this system as necessary to provide travel and administrative support services to the CSB.

7. General Accounting Office: May receive information from this system as necessary to verify the accuracy and legality of disbursements.

Storage:

These records are maintained in file folders and on lists and forms.

These records are retrieved by name and/or social security number.

Records are located in locked file cabinets with access limited to those personnel whose official duties require access.

Records in this system are maintained in accordance with the applicable National Archives and Records Administration General Records Schedules.

Director of Financial Operations, U.S. Chemical Safety and Hazard Investigation Board, 2175 K Street, NW, Suite 400, Washington, DC 20037.

Individuals wishing to inquire whether this system of records contains information about them should contact the system manager listed above.

Individuals must furnish the following information for their records to be located and identified:

a. Full name.

b. Date of birth.

c. Social security number.

d. Signature.

Information in this system of records is provided by:

a. The individual on whom the record is maintained.

b. Agency officials and other individuals or entities.

5 General Administrative Records.

Unclassified.

Records in this system are located at the CSB offices, 2175 K Street, NW, Suite 400, Washington, DC 20037-1809.

Current and former CSB employees.

Identifying information, such as name(s), social security number, sex, date of birth, home address, mailing address, and home telephone number; employee locator records; records related to credit cards and telephone calling cards issued to individual employees, and the use of such cards; employee relocation records; records related to employee parking permits and subsidies, and employee public transit subsidies; records related to the issuance of CSB credentials; and related records.

5 U.S.C. 301; 31 U.S.C. 3512

These records provide the basic source of factual data about general administrative matters. Records in this system have various uses, including tracking and justifying employees" expenditures on government-issued credit and telephone calling cards; issuing parking permits and transit subsidies; contacting employees in the case of personal or official emergencies; and related purposes.

1. Use by authorized CSB personnel for verification of basic information regarding employees for and fulfillment of the general purposes set forth above.

2. Use by authorized CSB personnel for preparation and maintenance of financial reports and records.

3. Use by authorized CSB personnel for provision of summary information for budgetary purposes.

4. Disclosure by authorized CSB personnel of information to the Merit Systems Protection Board or the Office of the Special Counsel in connection with appeals, and such other functions as may be authorized by law.

5. Administrative Resource Center, Bureau of the Public Debt: May receive information from this system as needed to provide administrative support services to the CSB.

6. General Accounting Office: May receive information from this system as needed to verify accuracy and legality of disbursements.

Storage:

These records are maintained in file folders and on lists and forms.

These records are retrieved by name and/or social security number.

Records are located in locked file cabinets with access limited to those personnel whose official duties require access.

Records in this system are maintained in accordance with the applicable National Archives and Records Administration General Records Schedules.

For records related to credit cards and telephone calling cards:

Director of Financial Operations, U.S. Chemical Safety and Hazard Investigation Board, 2175 K Street, NW, Suite 400, Washington, DC 20037.

For all other records in this system:

Director of Management Operations, U.S. Chemical Safety and Hazard Investigation Board, 2175 K Street, NW, Suite 400, Washington, DC 20037.

Individuals wishing to inquire whether this system of records contains information about them should contact the appropriate system manager listed above.

Individuals must furnish the following information for their records to be located and identified:

e. Full name.

f. Date of birth.

g. Social security number.

h. Signature.

Individuals wishing to request access to their records should contact the CSB, as specified in the Notification Procedure, above. For their records to be located and identified, individuals must furnish all of the information specified in the Notification Procedure, and also comply with the CSB Privacy Act codified at 40 CFR part 1602, on verification of identity and access to records.

Information in this system of records is provided by:

a. The individual on whom the record is maintained.

b. Agency officials.

c. Other individuals or entities.

6 Freedom of Information Act and Privacy Act Request and Appeal Records.

Unclassified.

Records in this system are located at the CSB offices, 2175 K Street, NW, Suite 400, Washington, DC 20037-1809.

Individuals who have made requests for information to the CSB under the Freedom of Information Act (FOIA) and/or Privacy Act.

Identifying information, such as name(s), social security number, sex, date of birth, home address, mailing address, and home telephone number; requests from individuals and related correspondence; and related records.

5 U.S.C. 552; 552a

These records are used to respond to FOIA and Privacy Act requests.

General routine use number 2 (listed in the Prefatory Statement to this Notice) does not apply to the CSB-6 system.

1. Use by authorized CSB personnel to respond to and process FOIA and Privacy Act requests.

2. Use by authorized CSB personnel for preparation of required reports on FOIA and Privacy Act activity.

Storage:

These records are maintained in file folders and on lists and forms.

These records are retrieved by name.

Records are located in locked file cabinets with access limited to those personnel whose official duties require access.

Records in this system are maintained in accordance with the applicable National Archives and Records Administration General Records Schedules.

FOIA/Privacy Act Coordinator, U.S. Chemical Safety and Hazard Investigation Board, 2175 K Street, NW, Suite 400, Washington, DC 20037.

Individuals wishing to inquire whether this system of records contains information about them should contact the system manager listed above.

Individuals must furnish the following information for their records to be located and identified:

a. Full name.

b. Date of birth.

c. Social security number.

d. Signature.

Information in this system of records is provided by:

a. The individual on whom the record is maintained.

7 Mailing Lists.

Unclassified.

Records in this system are located at the CSB offices, 2175 K Street, NW, Suite 400, Washington, DC 20037-1809.

Individuals who have provided personal contact and identification information to CSB officials for the purpose of being kept apprised of CSB activities.

Identifying information, such as name(s), social security number, sex, date of birth, home address, mailing address, home telephone number, office address and telephone number; and related records.

5 U.S.C. 301

These records provide current contact and related information for individuals who are interested in CSB activities.

The six general routine uses (listed in the Prefatory Statement to this Notice) do not apply to the CSB-7 system.

1. Use by authorized CSB personnel to send information and updates about CSB activities to interested individuals.

Storage:

These records are maintained in file folders and on lists and forms.

These records are retrieved by name.

Records are located in locked file cabinets with access limited to those personnel whose official duties require access.

Records in this system are maintained in accordance with the applicable National Archives and Records Administration General Records Schedules.

The records in this system are managed by the individual office directors who need to maintain mailing lists in furtherance of their official duties. All office directors may be reached at the U.S. Chemical Safety and Hazard Investigation Board, 2175 K Street, NW, Suite 400, Washington, DC 20037.

Individuals wishing to inquire whether this system of records contains information about them should contact the appropriate system manager listed above.

Individuals must furnish the following information for their records to be located and identified:

e. Full name.

f. Date of birth.

g. Social security number.

h. Signature.

Information in this system of records is provided by:

a. The individual on whom the record is maintained.

Protection of Environment Chemical Safety and Hazard Investigation Board PROTECTION OF PRIVACY AND ACCESS TO INDIVIDUAL RECORDS UNDER THE PRIVACY ACT OF 1974

Sec.

1602.1 General provisions.

1602.2 Requests for access to records.

1602.3 Responsibility for responding to requests for access to records.

1602.4 Responses to requests for access to records.

1602.5 Appeals from denials of requests for access to records.

1602.6 Requests for amendment or correction of records.

1602.7 Requests for accountings of record disclosures.

1602.8 Preservation of records.

1602.9 Fees.

1602.10 Notice of court-ordered and emergency disclosures.

Authority: 5 U.S.C. 552a, 553; 42 U.S.C. 7412 et seq.

Source: 66 FR 17080, Mar. 29, 2001, unless otherwise noted.

§ 1602.1 General provisions.

(a) Purpose and scope. This part contains the rules that the Chemical Safety and Hazard Investigation Board ("CSB" or "Board" ) follows under the Privacy Act of 1974, 5 U.S.C. 552a. These rules should be read together with the Privacy Act, which provides additional information about records maintained on individuals. The rules in this part apply to all records in systems of records maintained by the CSB that are retrieved by an individual"s name or personal identifier. They describe the procedures by which individuals may request access to records about themselves, request amendment or correction of those records, and request an accounting of disclosures of those records by the CSB. In addition, the CSB processes all Privacy Act requests for access to records under the Freedom of Information Act (FOIA), 5 U.S.C. 552, following the rules contained in part 1601 of this chapter, which gives requests the benefit of both statutes.

(b) Definitions. As used in this part:

Requester means an individual who makes a request for access, a request for amendment or correction, or a request for an accounting under the Privacy Act.

Request for access to a record means a request made as described in subsection (d)(1) of the Privacy Act, 5 U.S.C. 552a.

Request for amendment or correction of a record means a request made as described in subsection (d)(2) of the Privacy Act, 5 U.S.C. 552a.

Request for an accounting means a request made as described in subsection (c)(3) of the Privacy Act, 5 U.S.C. 552a.

§ 1602.2 Requests for access to records.

(a) How made and addressed. You may make a request for access to a CSB record about yourself by appearing in person or by writing to the CSB. Your request should be sent or delivered to the CSB"s General Counsel, at 2175 K Street, NW., 4th Floor, Washington, DC 20037. For the quickest possible handling, you should mark both your request letter and the envelope "Privacy Act Request."

(b) Description of records sought. You must describe the records that you want in enough detail to enable CSB personnel to locate the system of records containing them with a reasonable amount of effort. Whenever possible, your request should describe the records sought, the time periods in which you believe they were compiled, and the name or identifying number of each system of records in which you believe they are kept. The CSB publishes notices in the Federal Register that describe its systems of records. A description of the CSB"s systems of records also may be found as part of the "Privacy Act Compilation" published by the National Archives and Records Administration"s Office of the Federal Register. This compilation is available in most large reference and university libraries. This compilation also can be accessed electronically at the Government Printing Office"s World Wide Web site (which can be found at http://www.access.gpo.gov/su_docs).

(c) Agreement to pay fees. If you make a Privacy Act request for access to records, it shall be considered an agreement by you to pay all applicable fees charged under § 1602.9 up to $25.00. The CSB ordinarily will confirm this agreement in an acknowledgment letter. When making a request, you may specify a willingness to pay a greater or lesser amount.

(d) Verification of identity. When you make a request for access to records about yourself, you must verify your identity. You must state your full name, current address, and date and place of birth. You must sign your request and your signature must either be notarized or submitted by you under 28 U.S.C. 1746, a law that permits statements to be made under penalty of perjury as a substitute for notarization. In order to help the identification and location of requested records, you may also, at your option, include your social security number.

(e) Verification of guardianship. When making a request as the parent or guardian of a minor or as the guardian of someone determined by a court to be incompetent, for access to records about that individual, you must establish:

(1) The identity of the individual who is the subject of the record, by stating the name, current address, date and place of birth, and, at your option, the social security number of the individual;

(2) Your own identity, as required in paragraph (d) of this section;

(3) That you are the parent or guardian of that individual, which you may prove by providing a copy of the individual"s birth certificate showing your parentage or by providing a court order establishing your guardianship; and

(4) That you are acting on behalf of that individual in making the request.

§ 1602.3 Responsibility for responding to requests for access to records.

(a) In general. In determining which records are responsive to a request, the CSB ordinarily will include only those records in its possession as of the date the CSB begins its search for them. If any other date is used, the CSB will inform the requester of that date.

(b) Authority to grant or deny requests. The CSB"s General Counsel, or his/her designee, is authorized to grant or deny any request for access to a record of the CSB.

(c) Consultations and referrals. When the CSB receives a request for access to a record in its possession, it will determine whether another agency of the Federal Government is better able to determine whether the record is exempt from access under the Privacy Act. If the CSB determines that it is best able to process the record in response to the request, then it will do so. If the CSB determines that it is not best able to process the record, then it will either:

(1) Respond to the request regarding that record, after consulting with the agency best able to determine whether the record is exempt from access and with any other agency that has a substantial interest in it; or

(2) Refer the responsibility for responding to the request regarding that record to another agency that originated the record (but only if that agency is subject to the Privacy Act). Ordinarily, the agency that originated a record will be presumed to be best able to determine whether it is exempt from access.

(d) Notice of referral. Whenever the CSB refers all or any part of the responsibility for responding to your request to another agency, it ordinarily will notify you of the referral and inform you of the name of each agency to which the request has been referred and of the part of the request that has been referred.

(e) Timing of responses to consultations and referrals. All consultations and referrals shall be handled according to the date the Privacy Act access request was initially received by the CSB, not any later date.

§ 1602.4 Responses to requests for access to records.

(a) Acknowledgments of requests. On receipt of your request, the CSB ordinarily will send an acknowledgment letter, which shall confirm your agreement to pay fees under § 1602.2(c) and may provide an assigned request number for further reference.

(b) Grants of requests for access. Once the CSB makes a determination to grant your request for access in whole or in part, it will notify you in writing. The CSB will inform you in the notice of any fee charged under § 1602.9 and will disclose records to you promptly on payment of any applicable fee. If your request is made in person, the CSB may disclose records to you directly, in a manner not unreasonably disruptive of its operations, on payment of any applicable fee and with a written record made of the grant of the request. If you are accompanied by another person when you make a request in person, you shall be required to authorize in writing any discussion of the records in the presence of the other person.

(c) Adverse determinations of requests for access. If the CSB makes an adverse determination denying your request for access in any respect, it will notify you of that determination in writing. Adverse determinations, or denials of requests, consist of: a determination to withhold any requested record in whole or in part; a determination that a requested record does not exist or cannot be located; a determination that what has been requested is not a record subject to the Privacy Act; a determination on any disputed fee matter; and a denial of a request for expedited treatment. The notification letter shall be signed by the General Counsel, or his/her designee, and shall include:

(1) The name and title or position of the person responsible for the denial;

(2) A brief statement of the reason(s) for the denial, including any Privacy Act exemption(s) applied by the CSB in denying the request; and

(3) A statement that the denial may be appealed under § 1602.5(a) and a description of the requirements of § 1602.5(a).

§ 1602.5 Appeals from denials of requests for access to records.

(a) Appeals. If you are dissatisfied with the CSB"s response to your request for access to records, you may appeal an adverse determination denying your request in any respect to the Privacy Act Appeals Officer of the CSB, 2175 K Street, NW., Suite 400, Washington, DC 20037. You must make your appeal in writing, and it must be received within 60 days of the date of the letter denying your request. Your appeal letter may include as much or as little related information as you wish, as long as it clearly identifies the determination (including the assigned request number, if any) that you are appealing. For the quickest possible handling, you should mark both your appeal letter and the envelope "Privacy Act Appeal."

(b) Responses to appeals. The decision on your appeal will be made in writing. A decision affirming an adverse determination in whole or in part will include a brief statement of the reason(s) for the affirmance, including any Privacy Act exemption applied, and will inform you of the Privacy Act provisions for court review of the decision. If the adverse determination is reversed or modified on appeal in whole or in part, you will be notified in a written decision and your request will be reprocessed in accordance with that appeal decision.

(c) When appeal is required. If you wish to seek review by a court of any adverse determination or denial of a request, you must first appeal it under this section.

§ 1602.6 Requests for amendment or correction of records.

(a) How made and addressed. You may make a request for amendment or correction of a CSB record about yourself by following the procedures in § 1602.2. Your request should identify each particular record in question, state the amendment or correction that you want, and state why you believe that the record is not accurate, relevant, timely, or complete. You may submit any documentation that you think would be helpful.

(b) CSB responses. Within ten working days of receiving your request for amendment or correction of records, the CSB will send you a written acknowledgment of its receipt of your request, and it will promptly notify you whether your request is granted or denied. If the CSB grants your request in whole or in part, it will describe the amendment or correction made and advise you of your right to obtain a copy of the corrected or amended record. If the CSB denies your request in whole or in part, it will send you a letter stating:

(1) The reason(s) for the denial; and

(2) The procedure for appeal of the denial under paragraph (c) of this section, including the name and business address of the official who will act on your appeal.

(c) Appeals. You may appeal a denial of a request for amendment or correction in the same manner as a denial of a request for access to records (see § 1602.5), and the same procedures will be followed. If your appeal is denied, you will be advised of your right to file a Statement of Disagreement as described in paragraph (d) of this section and of your right under the Privacy Act for court review of the decision.

(d) Statements of Disagreement. If your appeal under this section is denied in whole or in part, you have the right to file a Statement of Disagreement that states your reason(s) for disagreeing with the CSB"s denial of your request for amendment or correction. Statements of Disagreement must be concise, must clearly identify each part of any record that is disputed, and should be no longer than one typed page for each fact disputed. Your Statement of Disagreement must be sent to the CSB, which will place it in the system of records in which the disputed record is maintained and will mark the disputed record to indicate that a Statement of Disagreement has been filed and where in the system of records it may be found.

(e) Notification of amendment/correction or disagreement. Within 30 working days of the amendment or correction of a record, the CSB shall notify all persons, organizations, or agencies to which it previously disclosed the record, if an accounting of that disclosure was made, that the record has been amended or corrected. If an individual has filed a Statement of Disagreement, the CSB will attach a copy of it to the disputed record whenever the record is disclosed and may also attach a concise statement of its reason(s) for denying the request to amend or correct the record.

§ 1602.7 Requests for an accounting of record disclosures.

(a) How made and addressed. Except where accountings of disclosures are not required to be kept (as stated in paragraph (b) of this section), you may make a request for an accounting of any disclosure that has been made by the CSB to another person, organization, or agency of any record about you. This accounting contains the date, nature, and purpose of each disclosure, as well as the name and address of the person, organization, or agency to which the disclosure was made. Your request for an accounting should identify each particular record in question and should be made by writing to the CSB, following the procedures in § 1602.2.

(b) Where accountings are not required. The CSB is not required to provide accountings to you where they relate to disclosures for which accountings are not required to be kept---in other words, disclosures that are made to employees within the agency and disclosures that are made under the FOIA.

(c) Appeals. You may appeal a denial of a request for an accounting to the CSB Appeals Officer in the same manner as a denial of a request for access to records (see § 1602.5) and the same procedures will be followed.

§ 1602.8 Preservation of records.

The CSB will preserve all correspondence pertaining to the requests that it receives under this part, as well as copies of all requested records, until disposition or destruction is authorized by Title 44 of the United States Code or the National Archives and Records Administration"s General Records Schedule 14. Records will not be disposed of while they are the subject of a pending request, appeal, or lawsuit under the Privacy Act.

§ 1602.9 Fees.

The CSB will charge fees for duplication of records under the Privacy Act in the same way in which it charges duplication fees under the FOIA (see part 1601, subpart D of this chapter). No search or review fee will be charged for any record.

§ 1602.10 Notice of court-ordered and emergency disclosures.

(a) Court-ordered disclosures. When a record pertaining to an individual is required to be disclosed by a court order, the CSB will make reasonable efforts to provide notice of this to the individual. Notice will be given within a reasonable time after the CSB"s receipt of the order--except that in a case in which the order is not a matter of public record, the notice will be given only after the order becomes public. This notice will be mailed to the individual"s last known address and will contain a copy of the order and a description of the information disclosed.

(b) Emergency disclosures. Upon disclosing a record pertaining to an individual made under compelling circumstances affecting health or safety, the CSB will notify that individual of the disclosure. This notice will be mailed to the individual"s last known address and will state the nature of the information disclosed; the person, organization, or agency to which it was disclosed; the date of disclosure; and the compelling circumstances justifying the disclosure.