[Privacy Act Issuances (1997)]
[From the U.S. Government Publishing Office, www.gpo.gov]
ADVISORY COMMITTEE ON FEDERAL PAY
TABLE OF CONTENTS
ACFP--1 General Financial Records
ACFP--2 Payroll Records
Appendix
ACFP--1
System name: General Financial Records--ACFP.
System location: General Services Administration, Central Office;
copies held by the ACFP. (GSA holds records for the ACFP under
contract.)
Categories of individuals covered by the system: Committee
employees and members.
Categories of records in the system: SF1038, Application and
account for advance of funds; vendor register and vendor payment
tape. Information is used by accounting technicians to maintain
adequate financial information and by other officers and employees of
GSA and the ACFP who have a need for the record in the performance of
their duties.
Authority for maintenance of the system: 31 U.S.C., generally; also
Pub. L. 91-656.
Routine uses of records maintained in the system, including
categories of users and the purposes of such uses: See appendix
following ACFP notices. Records also are released to GAO for audits;
to the IRS for investigation; and to private attorneys, pursuant to a
power of attorney.
Policies and practices for storing, retrieving, accessing,
retaining, and disposing of records in the system:
Storage: Paper and tape.
Retrievability: Manual and automated by name.
Safeguards: Stored in guarded building; released only to authorized
personnel.
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: ACFP Staff Assistant, Suite 205,
1730 K Street, NW, Washington, DC 20006.
Notification procedure: Contact system manager listed above.
Record access procedures: Committee members, past or present, or
employees, past or present, who desire access to their individual
records in the custody of the ACFP or GSA should contact the
Committee's Staff Assistant in writing. See Committee access
regulations in 5 CFR part 1401.
Contesting record procedures: Committee members, past or present,
or employees, past or present, who desire to contest record
procedures in the custody of the ACFP or GSA should contact the
Committee's Staff Assistant in writing. See Committee record contest
regulations in 5 CFR part 1410.
Record source categories: The subject individual; the Committee.
ACFP--2
System name: Payroll Records--Advisory Committee on Federal Pay.
System location: General Services Administration, Region 3 Office;
copies held by the ACFP. (GSA holds records for the Advisory
Committee on Federal Pay under contract.)
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, W-2 forms, overtime
requests, leave data; retirement records. Records are used by the
ACFP and GSA employees to maintain adequate payroll information for
ACFP employees, and otherwise by the ACFP and GSA employees who have
a need for the records in the performance of their duties.
Authority for maintenance of the system: 31 U.S.C., generally.
Also, Pub. L. 91-656.
Routine uses of records maintained in the system, including
categories of users and the purposes of such uses: See Appendix.
Records are also disclosed to GAO for audits; to the Internal Revenue
Service for investigation; and to private attorneys, pursuant to a
power of attorney.
A copy of an employee's Department of the Treasury Form W-2, Wage
and Tax Statement, also is disclosed 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.
5516, 5517, or 5520, or, in the absence thereof, in response to a
written request from an appropriate official of the taxing
jurisdiction to the Staff Assistant, Advisory Committee on Federal
Pay, Suite 205, 1730 K Street, NW, Washington, DC 20006. 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.
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 written request from an appropriate city official to the Staff
Assistant.
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.
Policies and practices for storing, retrieving, accessing,
retaining, and disposing of records in the system:
Storage: Paper and microfilm.
Retrievability: Social Security Number.
Safeguards: Stored in guarded building; released only to authorized
personnel.
Retention and disposal: Disposition of records shall be in
accordance with HB GSA Records Maintenance and Disposition System
(OAD P 1820.2).
System manager(s) and address: Staff Assistant, Advisory Committee
on Federal Pay, Suite 205, 1730 K Street, NW, Washington, DC 20006.
Notification procedure: Refer to ACFP access regulations contained
in 5 CFR part 1410.
Record access procedures: Refer to ACFP access regulations
contained in 5 CFR part 1410.
Contesting record procedures: Refer to ACFP access regulations
contained in 5 CFR part 1410.
Record source categories: The subject individual; the Committee.
APPENDIX--Advisory Committee on Federal Pay.
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 or 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.
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.
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 or 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.
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.
A record from this system of records may be disclosed to officers
and employees of a federal agency for purposes of audit.
The information contained in this system of records will be
disclosed to the Office of Management and Budget in connection with
the review of private relief legislation as set forth in OMB Circular
No. A-19 at any stage of the legislative coordination and clearance
process as set forth in that Circular.
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.
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.
ADVISORY COMMITTEE ON FEDERAL PAY
Title 5-Administrative Personnel
Chapter IV-Advisory Committee on Federal Pay
PART 1410--RULES AND REGULATIONS TO IMPLEMENT THE PRIVACY ACT OF
1974
Sec.
1410.1 Purpose and scope.
1410.2 Definitions.
1410.3 Procedures for access of an individual to his or her own records
in a record system.
1410.4 Times, places and requirements for the identification of the
individual making a request.
1410.5 Grant to an individual of access to his or her own records.
1410.6 Access to the accounting of disclosures from records.
1410.7 Request for correction or amendment to the record.
1410.8 Agency review of request for correction or amendment of the
record.
1410.9 Appeal of an initial adverse agency determination on correction
or amendment of the record.
1410.10 Disclosure of record to a person other than the individual to
whom the record pertains.
1410.11 Fees.
Authority: Pub. L. 93-579; 5 U.S.C. 552a.
Source: 42 FR 2299, Jan. 11, 1977, unless otherwise noted.
Sec. 1410.1 Purpose and scope.
The purposes of these regulations are to:
(a) Establish a procedure by which an individual can determine if the
Advisory Committee on Federal Pay (hereafter known as the Committee)
maintains a system of records which includes a record pertaining to the
individual; and
(b) Establish a procedure by which an individual can gain access to a
record pertaining to him or her for the purpose of review, amendment
and/or correction.
Sec. 1410.2 Definitions.
For the purpose of these regulations--
(a) The term ``individual'' means a citizen of the United States or an
alien lawfully admitted for permanent residence;
(b) The term ``maintain'' includes maintain, collect, use or
disseminate;
(c) The term ``record'' means any item, collection or grouping of
information about an individual that is maintained by the Committee,
including but not limited to, his or her employment history, payroll
information, and financial transactions 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;
(d) The term ``system of records'' means a group of any records under
the control of the Committee 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
(e) The term ``routine use'' 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.
Sec. 1410.3 Procedures for access of an individual to his or her own
records in a record system.
An individual shall submit a request to the Administrative Assistant
of the Committee, Suite 205, 1730 K Street NW, Washington, DC 20006, in
person or in writing, to determine if a system of records named by the
individual contains a record pertaining to the individual, or if the
Committee maintains any systems of records which pertain to the
individual. The individual shall submit a request to the Administrative
Assistant of the Committee which states the individual's desire to
review his or her record. Individuals who require assistance in
identifying systems of record, or in preparing requests identifying
systems of record for access, or who need assistance in requesting
amendments, may address such requests to the Administrative Assistant of
the Committee, Suite 205, 1730 K Street NW, Washington, DC 20006.
Sec. 1410.4 Times, places and requirements for the identification of
the individual making a request.
An individual making a request to the Administrative Assistant of the
Committee pursuant to Sec. 1410.3 shall present the request at the
Committee offices, Suite 205, 1730 K Street NW, Washington, DC 20006, on
any business day between the hours of 8:15 a.m. and 4:45 p.m., or in
writing. The individual submitting the request should present himself or
herself at the Committee's offices with a form of identification which
will permit the Committee to verify that the individual is the same
individual as contained in the record requested, such as a valid
driver's permit, employee identification card, or Medicare card, or a
signed statement from the individual asserting his or her identity and
stipulating that he or she 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. If the
individual seeks access by mail, the Committee will require similar
identification as required of those persons requesting access to records
in person, or by identifying data such as name, date of birth, or system
personal identifier (if known to the individual). Requests for access to
systems of record will be acknowledged within ten days of receipt. The
acknowledgement will indicate whether or not access can be granted and,
if so, that it will be within a 30-day period unless, for good cause
shown, the Committee is unable to do so.
Sec. 1410.5 Grant to an individual of access to his or her own
records.
Upon verification of identity either in person or in written form to
the Administrative Assistant of the Committee, Suite 205, 1730 K Street
NW, Washington, DC 20006, and in accordance with the identification
provisions of Sec. 1410.4, the Committee shall grant access to the
individual the information contained in the record which pertains to
that individual. The individual may be accompanied for the purpose by a
person of his or her choosing. Upon request of the individual to whom
the record pertains, all information in the accounting of disclosures
will be made available. If, for any unforeseen circumstances, or in an
unusual situation when it may be necessary to deny a person access, the
individual will be advised of the reasons therefor, and his or her right
to judicial review under 5 U.S.C. 552a(f)(4).
Sec. 1410.6 Access to the accounting of disclosures from records.
The Privacy Act requires that with some limited exceptions individuals
may request access to a list of those to whom records about them have
been disclosed. Individuals seeking access to the accounting of
disclosures from records pertaining to them should follow the same
procedures as established above for access to the records themselves
(see Secs. 1410.3, 1410.4, 1410.5).
Sec. 1410.7 Request for correction or amendment to the record.
The individual should submit a request to the Administrative Assistant
of the Committee which states the individual's desire to correct or to
amend his or her record. This request is to be made in accord with the
provisions of Sec. 1410.4.
Sec. 1410.8 Agency review of request for correction or amendment of
the record.
Within ten working days of the receipt of the request to correct or to
amend the record, the Administrative Assistant of the Committee will
acknowledge in writing such receipt and promptly either--
(a) Make any correction or amendment or any portion thereof which the
individual believes is not accurate, relevant, timely, or complete; 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 Committee for the individual to
request a review of that refusal. Corrections or amendments will be sent
to prior recipients of the record in question, to the extent that the
Committee has an accounting of the disclosure of the record of that
information.
Sec. 1410.9 Appeal of an initial adverse agency determination on
correction or amendment of the record.
An individual who disagrees with the refusal of the Administrative
Assistant of the Committee to correct or to amend his or her record may
submit a request for a review of such refusal to the Chairman of the
Advisory Committee on Federal Pay, Suite 205, 1730 K Street NW,
Washington, DC 20006. The Chairman will, not later than thirty working
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
Committee a concise statement setting forth the reasons for his or her
disagreement with the refusal of the Committee and may seek judicial
review of the Chairman's determination under 5 U.S.C. 552a(g)(1)(A). A
copy of the corrected record or statement of dispute will be provided to
prior recipients of the information in question, to the extent that the
Committee has an accounting of the disclosure of that information.
Sec. 1410.10 Disclosure of record to a person other than the
individual to whom the record pertains.
The Committee will not disclose a record to any individual other than
to the individual to whom the record pertains without receiving the
prior written consent of the individual to whom the record pertains,
except as required or permitted under 5 U.S.C. 552a(b).
Sec. 1410.11 Fees.
If an individual requests copies of his or her record, he or she shall
be charged ten cents per page for any copying charges in excess of $25.
In cases of indigency, the Committee may waive such fees. In cases where
copying charges exceed $25, advance payment will be required. `