[Privacy Act Issuances (1995)]
[From the U.S. Government Publishing Office, www.gpo.gov]
ADMINISTRATIVE CONFERENCE OF THE UNITED STATES
ACUS--1
System name: Membership and Correspondence Files--ACUS.
System location: Office of the Chairman, Administrative Conference of
the United States, 2120 L Street, NW, Suite 500, Washington, DC
20037.
Categories of individuals covered by the system: Current and former
members of the Administrative Conference of the United States.
Categories of records in the system: Correspondence between current and
former members of the Conference and the Chairman or staff of the
Conference; biographical data on members.
Authority for maintenance of the system: 5 U.S.C. 575; 44 U.S.C. 3101.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses: These records are
maintained and used by the Chairman and staff of the Conference as a
reference and working file of current and former members' membership
status, their views on Conference studies, proposals, statements and
recommendations, and their activities on Conference committees.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage: These records are maintained in file folders in metal file
cabinets.
Retrievability: These records are indexed by the names of the current
and former members of the Conference.
Safeguards: Stored in metal file cabinets in an area to which access is
controlled by and restricted to ACUS personnel.
Retention and disposal: Retained in the permanent files of the
Conference.
System manager(s) and address: Executive Director, Administrative
Conference of the United States, 2120 L Street, NW, Suite 500,
Washington, DC 20037.
Notification procedure: Contact the Executive Secretary as provided in
1 CFR 304.20 et seq.
Record access procedures: Same as above.
Contesting record procedures: Same as above.
Record source categories: Past and present Conference members; ACUS
Chairmen staff; publications.
ACUS--2
System name: Consultants' Contracts and Correspondence Files--
ACUS.
System location: Office of the Chairman, Administrative Conference of
the United States, 2120 L Street, NW, Suite 500, Washington, DC
20037.
Categories of individuals covered by the system: Current and former
consultants to the Administrative Conference of the United States.
Categories of records in the system: Contracts entered into by the
consultants with the Conference and correspondence related thereto;
records of the consultants' expenses paid by the Conference.
Authority for maintenance of the system: 5 U.S.C. 574-75; 44 U.S.C.
3101.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses: These records are
maintained for use by the ACUS Chairman and staff in administering
the research projects of the Conference and for financial record
keeping purposes.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage: These records are maintained in file folders in metal file
cabinets.
Retrievability: These records are indexed by the names of current and
former consultants to the Conference.
Safeguards: Stored in metal file cabinets in an area to which access is
controlled by and restricted to ACUS personnel.
Retention and disposal: Retained in the permanent files of the
Conference.
System manager(s) and address: Executive Director, Administrative
Conference of the United States, 2120 L Street, NW, Suite 500,
Washington, DC 20037.
Notification procedure: Contact the Executive Secretary as provided in
1 CFR 304.20 et seq.
Record access procedures: Same as above.
Contesting record procedures: Same as above.
Record source categories: Current and past consultants to the
Conference; ACUS Chairmen and staff.
ACUS--3
System name: Council Membership and Correspondence Files--ACUS.
System location: Office of the Chairman, Administrative Conference of
the United States, 2120 L Street, NW, Suite 500, Washington, DC
20037.
Categories of individuals covered by the system: Current and former
members of the Council of the Administrative Conference of the
United States.
Categories of records in the system: Correspondence between current and
former Council members of the Conference and the Chairman or staff
of the Conference; biographical data on Council members.
Authority for maintenance of the system: 5 U.S.C. 575; 44 U.S.C. 3101.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses: These records are
maintained and used by the Chairman and staff of the Conference as a
reference and working file of current and former Council members,
memberships status, their views on Conference studies, proposals,
statements, and recommendations, as well as a record of their
activities on the Council of the Conference.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage: These records are maintained in file folders in metal file
cabinets.
Retrievability: These records are indexed by the names of the current
and former Council members of the Conference.
Safeguards: Stored in metal file cabinets in an area to which access is
controlled by and restricted to ACUS personnel.
Retention and disposal: Retained in the permanent files of the
Conference.
System manager(s) and address: Executive Director, Administrative
Conference of the United States, 2120 L Street, NW, Suite 500,
Washington, DC 20037
Notification procedure: Contact the Executive Secretary as provided in
1 CFR 304.20 et seq.
Record access procedures: Same as above.
Contesting record procedures: Same as above.
Record source categories: Current and former Council members; ACUS
Chairman and staff.
ACUS--4
System name: Mailing list for press releases, newsletters,
annual reports, and general information--ACUS.
System location: Office of the Chairman, Administrative Conference of
the United States, 2120 L Street, NW, Suite 500, Washington, DC
20037.
Categories of individuals covered by the system: Current and former
members of the Conference and consultants to the Conference;
officials of all branches of government; representatives of the
press; other individuals who have requested that they be kept
informed of Conference activities or whose names are placed on the
list by the Conference Chairman or staff.
Categories of records in the system: Names and addresses of recipients
of Conference publications.
Authority for maintenance of the system: 5 U.S.C. 575; 44 U.S.C. 3101.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses: Used by the staff of the
Chairman's Office for the distribution of Conference publications
and announcements.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage: Index card file maintained in a metal index card cabinet.
Retrievability: Indexed alphabetically.
Safeguards: Stored in metal file cabinet in an area to which access is
controlled by and restricted to ACUS personnel.
Retention and disposal: Maintained on an ongoing basis; cards removed
from the file are destroyed.
System manager(s) and address: Executive Director, Administrative
Conference of the United States, 2120 L Street, NW, Suite 500,
Washington, DC 20037.
Notification procedure: Contact the Executive Secretary as provided in
1 CFR 304.20 et seq.
Record access procedures: Same as above.
Contesting record procedures: Same as above.
Record source categories: Individuals requesting information;
Conference membership lists and personnel lists of other agencies
and units of government; Consultants to Conference committees;
representatives of the press.
ACUS--5
System name: Pay and Pay-Related Records (Payroll, Travel,
Attendance, Leave)--ACUS.
System location: General Services Administration, Region 3 Office, Room
7109, 7th and D Streets, SW, Washington, DC 20407; copies held by
the Administrative Conference of the United States, 2120 L Street,
NW, Suite 500, Washington, DC 20037. (GSA holds records for the
Conference under agreement.)
Categories of individuals covered by the system: Current and former
employees of the Conference.
Categories of records in the system: Varied payroll records, including
among other documents, time and attendance cards; payment vouchers;
comprehensive listing of employees; health benefits records;
requests for deductions; tax forms; W2 forms; overtime requests;
leave data; retirement records. Records are used by the Conference
and GSA employees to maintain adequate payroll information for
Conference employees and otherwise by Conference and GSA employees
who have a need for the record in the performance of their duties.
Authority for maintenance of the system: 5 U.S.C. 575; 44 U.S.C. 3101.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses: Information is used inhouse
and by GSA to complete reports, take personnel action, and fulfill
other administrative requirements. Also, see the Appendix below.
Categories of users are appropriate ACUS and GSA personnel.
A copy of an employee's Department of the Treasury Form W-2, ``Wage
and Tax Statement'', also is disclosed to a State, city, or other
jurisdiction which is authorized to tax the employee's compensation.
Such records will be provided in accordance with a withholding
agreement between the State, city, or other jurisdiction and the
Department of the Treasury pursuant to 5 U.S.C. 5516, 5517, or 5520,
or, in the absence of such an agreement, in response to a written
request from an appropriate official of the taxing jurisdiction. An
executed copy of an employee's city tax withholding certificate will
be furnished to a city upon a written request from an appropriate city
official, pursuant to a withholding agreement between the city and the
Department of the Treasury (5 U.S.C. 5520). In the absence of a
withholding agreement, an employee's Social Security Number will be
furnished only to a taxing jurisdiction which has furnished the
Conference with evidence of its independent authority to compel
disclosure of the Social Security Number, in accordance with section 7
of the Privacy Act of 1974, Pub. L. 93-579.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage: Paper files stored in metal file cabinets and on microfilm.
Retrievability: Retrieved by name and/or social security number.
Safeguards: Records are stored in locked metal file cabinets in secured
premises; access is limited to those whose official duties require
access.
Retention and disposal: Disposition of records shall be in accordance
with the HB GSA Records Maintenance and Disposition System (OAD P
1820.2).
System manager(s) and address:
General Services Administration 3BCE
Room 7109
Regional Office Building 3
7th and D Streets, SW
Washington, DC 20407
Executive Director
Administrative Conference of the United States
2120 L Street, NW
Suite 500
Washington, DC 20037.
Notification procedure: Contact the Executive Secretary as provided in
1 CFR 304.20 et seq.
Record access procedures: Same as above.
Contesting record procedures: Same as above.
Record source categories: Individual to whom records pertain; the
Chairman and staff of the Conference.
ACUS--6
System name: Personnel Records--ACUS.
System location: General Services Administration, 2100 M Streets, NW,
Room 155, Washington, D.C. 20405; copies held by the Administrative
Conference of the United States, 2120 L Street, NW, Suite 500,
Washington, DC 20037. (GSA holds records for the Administrative
Conference under agreement.)
Categories of individuals covered by the system: Conference staff
employees, including per diem employees.
Categories of records in the system: This records system contains a
variety of records relating to personnel actions and determinations
about individuals while employed in the Federal service. These
records include: Recommendations not submitted on standard
Government forms, such as, awards; salary increases; performance
ratings and training; intra-office and inter-office communications;
resumes; probationary period reports; issuance of motor vehicle
operator permits; issuance of Administrative Conference
identification cards; career counseling; training needed by an
individual, including enrollment individual development plans,
counseling, and determinations under the upward mobility, executive
development, student trainee, and worker trainee programs; executive
inventory records sheets; written requests for information on
employment from creditors, financial institutions, etc.; beneficiary
designations for unpaid compensation; schedules, tabulations, lists,
and organizational charts which contains personal information;
Congressional correspondence; and related information.
Authority for maintenance of the system: 5 U.S.C. 575; 44 U.S.C. 3101.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses: Information is used inhouse
and by GSA to complete reports, take personnel action, and fulfill
other administrative requirements. Also, see the Appendix below.
Categories of users are appropriate ACUS and GSA personnel.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage: Paper records stored in file folders in metal file cabinets.
Retrievability: Retrieved manually, by name of individual.
Safeguards: Records are stored in locked metal file cabinets in secured
premises; access is limited to those whose official duties require
access.
Retention and disposal: Records retained indefinitely.
System manager(s) and address:
General Services Administration
2100 M Streets, NW
Room 155
Washington, DC 20405
Executive Director
Administrative Conference of the United States
2120 L Street, NW
Suite 500
Washington, DC 20037.
Notification procedure: Contact the Executive Secretary as provided in
1 CFR 304.20 et seq.
Record access procedures: Same as above.
Contesting record procedures: Same as above.
Record source categories: Individual to whom records pertain;
supervisors; official personnel records.
Appendix to Notice of Systems ACUS 5 and 6
1. 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, rule 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
violation or charged with enforcing or implementing the statute, or
rule, regulation or order issued pursuant thereto.
2. 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 an employee, the issuance of a security clearance, the
letting of a contract or the issuance of a license, grant or other
benefit.
3. 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.
4. A record from this system of 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 or 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.
5. A record from this system of records may be disclosed to officers
and employees of a federal agency for purposes of audit.
6. A record from this system of records may be disclosed, as a routine
use, in the course of presenting evidence to a court, magistrate or
administrative tribunal, including disclosures to opposing counsel in
the course of settlement negotiations.
7. A record in this system of records may be disclosed, as a routine
use, to a Member of Congress submitting a request involving the
individual when the individual has requested assistance from the
Member with respect to the subject matter of the record.
ACUS 7
System name: Dispute Resolution Neutrals Data File.
System location:
Administrative Conference of the United States, 2120 L Street, NW.,
suite 500, Washington, DC 20037.
Categories of individuals covered by the system:
Neutrals listed on the Administrative Conference's roster of persons
available to assist in resolving federal agency disputes and
negotiated rulemaking.
Categories of records in the system:
The first category of records consists of current neutral files (those
currently on the Roster), and contains the personal data questionnaire
listing education, professional background and experience, and
confidential and other recommendations as to acceptability. In
addition, these files include correspondence with neutrals regarding
fees, areas of professional interest, complaints alleging serious
legal or ethical breaches, if any, other correspondence and data
related to case handing, and biographical sketches summarizing
information contained in the personal data questionnaire. The second
category of records consists of registration records (see above) for
individuals who have not been accepted or have been removed from the
Roster, correspondence, and the reason for removal from the Roster.
Authority for maintenance of the system:
The Administrative Dispute Resolution Act (Pub. L. 101-552) and the
Negotiated Rulemaking Act of 1990 (Pub. L. 101-648).
Purpose(s):
The purposes of the Dispute Resolution Neutrals Data File are to (1)
maintain information regarding individuals with experience in dispute
resolution and negotiated rulemaking; (2) provide the capability to
respond to federal agencies' inquiries for names of individuals who
are available to act as dispute resolution neutrals, as defined by the
ADR Act, or as conveners and facilitators, as defined by the Reg-Neg
Act. The Conference will furnish names and qualifications of
individuals contained in the Dispute Resolution Neutrals Data File to
federal agencies and to private parties with federal agency disputes,
upon request.
Routine use of records maintained in the system including categories of
users and the purposes of such uses:
Biographical data are furnished to federal agencies, and private
parties involved in federal agency disputes, who have requested the
referral of one or more neutrals, conveners or facilitators along with
other data submitted by the individual with the registration form.
The files may also be furnished to persons conducting research on
dispute resolution or negotiated rulemaking processes in the Federal
Government.
Information furnished to the Administrative Conference by individuals
wishing to be included in the Data File, and from other sources listed
above, may be routinely disclosed to appropriate persons or
organizations outside the agency in the course of verifying the
accuracy of data submitted. Data furnished by any source in the nature
of a complaint alleging serious legal or ethical breaches are
routinely referred to appropriate persons outside the agency in the
course of considering an individual's continuing eligibility for
listing on the Data File and, if a serious breach is identified, to
relevant legal or other authorities.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
These records are maintained in original/duplicate document form in
lateral file cabinets and on computer. In either case, the files are
retrieved by an individual name or identification number or other
computer search techniques.
Safeguards:
These records are located at the Office of the Chairman of the
Administrative Conference. The records are maintained in lateral file
cabinets to which access is limited during office hours. Computer
records can be accessed only through use of confidential procedures
and passwords. Access to either files or computer records is limited
to employees of the Office of the Chairman of the Administrative
Conference.
Retention and disposal:
Files on individuals are maintained as long as the individual is
listed on the Roster. Files of individuals who have not been accepted
for the Roster due to incomplete or improperly submitted applications,
are maintained for six months. After the six-month period only names
and addresses of these persons will be retained. Other materials
submitted will be discarded.
System manager(s) and address:
Executive Director, Administrative Conference of the United States,
2120 L Street, NW., suite 500, Washington, DC 20037.
Notification procedure:
Individuals who want to receive notification of inclusion in this
system of records, inspect their file, or contest the contents of any
records maintained in the system, should address inquires to the
Executive Director of the Administrative Conference at the above
address. All such inquiries should indicate the name of the individual
and any other information that may be helpful in locating the file.
Record access procedures:
See ``Notification Procedure'' above.
Contesting record procedure:
Contact the Executive Director at the above address, and identify the
record, specify the information being contested, and the corrective
action sought with supporting justification.
Record source categories:
Directly from the individual, sources furnished by the individual, or
obtained by the Administration Conference from other sources.
System exempted from certain provisions of the act:
In order to preserve the accuracy of information necessary for
investigating data supplied by individuals wishing to be included on
the Roster, and to investigate complaints of ethical breaches, the
identity of confidential sources is exempted from disclosure.
PRIVACY ACT RULES
ADMINISTRATIVE CONFERENCE OF THE UNITED STATES
Title 1-General Provisions
Chapter II-Administrative Conference of the United States
PART 304--PUBLIC AVAILABILITY OF DOCUMENTS AND RECORDS
Subpart B--Privacy Act Implementation
Sec.
304.20 Purpose and scope.
304.21 Definitions.
304.22 Procedures for requests pertaining to individual records in a
system of records.
304.23 Request for amendment or correction of a record.
304.24 Disclosure of a record to a person other
304.25 Schedule of fees.
Subpart B--Privacy Act Implementation
Authority: 5 U.S.C. 552, 552a, 571-576.
Source: 41 FR 15321, Apr. 12, 1976, unless otherwise noted.
Sec. 304.20 Purpose and scope.
The purpose of this subpart is the implementation of the Privacy Act
of 1974, 5 U.S.C. 552a, by establishing procedures whereby an individual
can determine if a system of records maintained by the Administrative
Conference contains a record pertaining to himself, and procedures for
providing access to such a record for the purpose of review, amendment,
or correction. Requests for assistance in interpreting or complying with
these regulations should be addressed to the Executive Secretary,
Administrative Conference of the United States, 2120 L Street, NW, Suite
500, Washington, DC 20037.
Sec. 304.21 Definitions.
As used in this subpart, the terms ``individual,'' ``maintain,''
``record,'' ``system of records,'' and ``routine use'' shall have the
meaning specified in 5 U.S.C. 552a(a).
Sec. 304.22 Procedures for requests pertaining to individual records
in a system of records.
(a) An individual can determine if a particular system of records
maintained by the Administrative Conference contains a record pertaining
to himself by submitting a written request for such information to the
Executive Secretary. The Executive Secretary shall respond to a written
request under this subpart within a reasonable time by stating that a
record on the individual either is or is not contained in the system.
(b) If an individual seeks access to a record pertaining to himself in
a system of records, he shall submit a written request to the Executive
Secretary. The Executive Secretary or his designee shall, within ten
working days after its receipt, acknowledge the request and if possible
decide if it should be granted. In any event, a decision shall be
reached promptly and notification thereof provided to the individual
seeking access. If the request is denied, the individual shall be
informed of the reasons therefor and his right to seek judicial review.
(c) In cases where an individual has been granted access to his
records, the Executive Secretary may, prior to releasing such records,
require the submission of a signed notarized statement verifying the
identity of the individual to assure that such records are disclosed to
the proper person. No verification of identity will be required when
such records are available under the Freedom of Information Act, 5
U.S.C. 552, as amended.
Sec. 304.23 Request for amendment or correction of a record.
(a) An individual may file a request with the Executive Secretary for
amendment or correction of a record pertaining to himself in a system of
records. Such written request shall state the nature of the information
in the record the individual believes to be inaccurate or incomplete,
the amendment or correction desired and the reasons therefor. The
individual should supply whatever information or documentation he can in
support of his request for amendment or correction of a record.
(b) The Executive Secretary or his designee shall, within ten working
days after its receipt, acknowledge a request for amendment or
correction of a record. A decision shall be reached promptly and
notification thereof provided to the individual seeking to amend or
correct a record. The Executive Secretary may request such additional
information or documentation as he may deem necessary to arrive at a
decision upon the request. If the request is granted, the record as
amended shall be called to the attention of all prior recipients of the
individual's record.
(c) If the request is denied, the individual shall be informed of the
reasons therefor and his right to appeal the denial in writing to the
Chairman of the Conference. The Chairman shall render a decision on an
appeal within thirty working days following the date on which the appeal
is received. The individual shall be notified promptly of the Chairman's
decision and, if the appeal is denied, the reasons therefor and the
individual's right to seek judicial review and his right to file a
concise statement of disagreement, which statement shall be noted in the
records to which it pertains and supplied to all prior and subsequent
recipients of the disputed record. If an appeal is granted, the record
as amended shall be called to the attention of all prior recipients of
the individual's record.
(d) Requests for amendment or correction of a record must be
accompanied by a signed notarized statement verifying the identity of
the requesting party.
Sec. 304.24 Disclosure of a record to a person other than the
individual to whom it pertains.
Except in accordance with 5 U.S.C. 552a(b), or as required by the
Freedom of Information Act, 5 U.S.C. 552, as amended, or other
applicable statute, the Conference shall not disclose a record to any
individual other than the individual to whom the record pertains without
the written consent of such individual. An accounting of the date,
nature, and purpose of each disclosure of a record as well as the name
and address of the person or agency to whom the disclosure was made will
be maintained. This accounting will be made available to the individual
to whom the record pertains upon the submission of a written, notarized
request to the Executive Secretary.
Sec. 304.25 Schedule of fees.
Copies of records supplied to any individual at his request shall be
provided for $.10 per copy per page. Copying fees of less than $2 per
request are waived.