[Privacy Act Issuances (1997)]
[From the U.S. Government Publishing Office, www.gpo.gov]
PENNSYLVANIA AVENUE DEVELOPMENT CORPORATION
TABLE OF CONTENTS
1--General Personnel Files
2--Time and Attendance Records
3--Job Applications
4--General Accounting Records
5--Payroll Records
6--Equal Employment Opportunity Compliance and Complaint Files
7--Acquisition and Relocation Files
PADC--1
System name: General Personnel Files (including copies of OPF-
CSC)- PADC.
System location: Pennsylvania Avenue Development Corporation, 425
13th Street, NW, Suite 1148, Washington, DC 20004.
Categories of individuals covered by the system: Past and present
employees of the Corporation; past and present members of Board of
Directors; past and present experts and consultants who have been
employed on an intermittent or temporary basis.
Categories of records in the system: Personnel information,
including: Position descriptions; performance appraisals;
notifications of personnel action; travel records; payroll change
slips; employment history; Personal Qualifications Statement (SF-171)
and resumes; social security number; biographical sketches;
applications for government motor vehicle operator's permits;
employee telephone and address listings.
Authority for maintenance of the system: Pennsylvania Avenue
Development Corporation Act of 1972, Sec. 6, Pub. L. 92-578, 86 Stat.
1270 (40 U.S.C. 875).
Routine uses of records maintained in the system, including
categories of users and the purposes of such uses: See Appendix.
Information is used in-house to complete reports, take personnel
action, and fulfill other administrative requirements. Categories of
users are Administrative Officer and Administrative Assistant and
Supervisors.
Policies and practices for storing, retrieving, accessing,
retaining, and disposing of records in the system:
Storage: Paper records stored in file folders.
Retrievability: Retrieved manually, by name of individual.
Safeguards: Records are stored in locking 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: Administrative Officer, Pennsylvania
Avenue Development Corporation, 425 13th Street, NW, Suite 1148,
Washington, DC 20004.
Notification procedure: Address inquiries to Administrative
Officer, at above address. See Corporation regulations on access in
36 CFR part 903.
Record access procedures: Same as the above.
Contesting record procedures: Same as the above.
Record source categories: Individual to whom records pertain;
supervisors; official personnel records.
Contesting record procedures: None.
PADC--2
System name: Time and Attendance Records--PADC.
System location: Pennsylvania Avenue Development Corporation, 425
13th Street, NW, Suite 1148, Washington, DC 20004.
Categories of individuals covered by the system: Past and present
Corporation staff members; past and present members of Board of
Directors; past and present experts and consultants who are employed
on an intermittent or temporary basis.
Categories of records in the system: Records of all actual hours
worked; annual leave status; sick leave status; copies of all time
and attendance records.
Authority for maintenance of the system: Pennsylvania Avenue
Development Corporation Act of 1972, Sec. 6, Pub. L. 92-578, 86 Stat.
1270 (40 U.S.C. 875).
Routine uses of records maintained in the system, including
categories of users and the purposes of such uses: See Appendix.
Records are used to prepare payroll checks and to maintain records of
leave. Routine user is General Services Administration; records are
also released to General Accounting Office for auditing and to
Internal Revenue Service for investigation purposes.
Policies and practices for storing, retrieving, accessing,
retaining, and disposing of records in the system:
Storage: Current records in system maintained in two loose-leaf
notebooks; previous year records maintained in file storage.
Retrievability: Retrieved manually, by name of individual.
Safeguards: Data are maintained in secured premises.
Retention and disposal: Records retained indefinitely.
System manager(s) and address: Administrative Officer, Pennsylvania
Development Corporation, 425 13th Street, NW, Suite 1148, Washington,
DC 20004.
Notification procedure: Address inquiries to Administrative
Officer, at above address. See Corporation Regulations on access in
36 CFR part 903.
Record access procedures: Same as the above.
Contesting record procedures: Individual to whom records pertain;
timekeeper; supervisors.
PADC--3
System name: Job Applications--PADC.
System location: Pennsylvania Avenue Development Corporation, 425
13th Street, NW, Suite 1148, Washington, DC 20004.
Categories of individuals covered by the system: Individuals who
have applied for positions with the Corporation.
Categories of records in the system: Job applications (SF-171) and
resumes containing name, address, telephone number, date and place of
birth, marital status, employment and educational history, and
similar information.
Authority for maintenance of the system: Pennsylvania Avenue
Development Corporation Act of 1972, Sec. 6, Pub. L. 92-578, 86 Stat.
1270 (40 U.S.C. 875).
Routine uses of records maintained in the system, including
categories of users and the purposes of such uses: See appendix.
Information is used to evaluate prospective employees of the
Corporation.
Policies and practices for storing, retrieving, accessing,
retaining, and disposing of records in the system:
Storage: Material stored in file folders.
Retrievability: Retrieved manually, by name of individual.
Safeguards: Records are stored in locking metal file cabinets in
secured premises.
Retention and disposal: Records are either returned to applicant or
maintained for one year from date of receipt and then destroyed.
System manager(s) and address: Administrative Officer, Pennsylvania
Avenue Development Corporation, 425 13th Street, NW, Suite 1148,
Washington, DC 20004.
Notification procedure: Address inquiries to Administrative
Officer, at above address. See Corporation Regulations on access in
36 CFR part 903.
Record access procedures: Same as above.
Contesting record procedures: Same as above.
Record source categories: Individual to whom records pertain.
Systems exempted from certain provisions of the act: None.
PADC--4
System name: General Accounting Records--PADC.
System location: General Services Administration, Central Office;
copies held by the Corporation. (GSA holds records for the
Corporation under agreement).
Categories of individuals covered by the system: Corporation
employees; Member of the Board of Directors; experts and consultants
who have been employed on an intermittent or temporary basis.
Categories of records in the system: SF-1038, Application and
account for advance of funds; SF-1164, Reimbursement Vouchers; SF-
1112, Travel Voucher.
Authority for maintenance of the system: 31 U.S.C., generally; also
Pennsylvania Avenue Development Corporation Act of 1972, Sec. 5, 6,
Pub. L. 92-578, 86 Stat. 1269, 1270 (40 U.S.C. 874, 875)
Routine uses of records maintained in the system, including
categories of users and the purposes of such uses: See appendix.
Records also are released to General Accounting Office for audits; to
the Internal Revenue Service for investigation; to the General
Services Administration for administrative services; to the Treasury
Department for reimbursement.
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: Administrative Officer, Pennsylvania
Avenue Development Corporation, 425 13th Street, NW, Suite 1148,
Washington, DC 20004.
Notification procedure: Address inquiries to Administrative
Officer, at above address. See Corporation Regulations on access in
36 CFR part 903.
Record access procedures: Same as above.
Contesting record procedures: Same as above.
Record source categories: The subject individual; the Corporation.
Systems exempted from certain provisions of the act: None.
PADC--5
System name: Payroll Records--PADC.
System location: General Services Administration, Region 3 Office;
copies held by the Corporation. (GSA holds records for the
Corporation under agreement.)
Categories of individuals covered by the system: Past and present
Corporation employees; past and present members of Board of
Directors; past and present experts and consultants who have been
employed on an intermittent or temporary basis.
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
Corporation and GSA employees to maintain adequate payroll
information for Corporation employees and otherwise by Corporation
and GSA employees 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
Pennsylvania Avenue Development Corporation Act of 1972, Secs. 5, 6,
Pub. L. 92-578, 86 Stat. 1269, 1270 (40 U.S.C. 874, 875).
Routine uses of records maintained in the system, including
categories of users and the purposes of such uses: See Appendix.
Records can be released to the General Accounting Office for audits;
to the Internal Revenue Service for investigation; to the General
Services Administration for administrative services.
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 the HB GSA Records Maintenance and Disposition System
(OAD P 1820.2).
System manager(s) and address: Administrative Officer, Pennsylvania
Avenue Development Corporation, 425 13th Street, NW, Suite 1148,
Washington, DC 20004.
Notification procedure: Address inquiries to Administrative
Officer, at above address. See Corporation Regulations on access in
36 CFR part 903.
Record access procedures: Same as the above.
Contesting record procedures: Same as the above.
Record source categories: Individual to whom records pertain; the
Corporation, including its timekeeper.
Systems exempted from certain provisions of the act: None.
PADC--6
System name: Equal Employment Opportunity Compliance and
Complaint Files--PADC.
System location: Pennsylvania Avenue Development Corporation, 425
13th Street, NW, Suite 1148, Washington, DC 20004.
Categories of individuals covered by the system: Individuals filing
EEO complaints with the Corporation.
Categories of records in the system: Name, address, social security
number, job title, wage rate, earnings, dates of employment, race,
sex, work history, data on applications for employment, and
complaint, including letter or document initiating complaint,
directions on investigating complaint, afidavits, investigating
report, and copies of correspondence with complainant.
Authority for maintenance of the system: U.S.C. 3301, 7151-7154,
E.O. 11478.
Routine uses of records maintained in the system, including
categories of users and the purposes of such uses: See appendix; the
purpose of the file is to cause action to be taken on discrimination
complaints.
Policies and practices for storing, retrieving, accessing,
retaining, and disposing of records in the system:
Storage: Paper records stored in file folders.
Retrievability: Retrieved manually, by name of individual.
Safeguards: Records are stored in locking metal file cabinets in
secured premises; access is limited to those official duties require
access.
Retention and disposal: Records retained indefinitely.
System manager(s) and address: General Counsel, Pennsylvania Avenue
Development Corporation, 425 13th Street, NW, Suite 1148, Washington,
DC 20004.
Notification procedure: Address inquiries to General Counsel, at
above address. See Corporation Regulations on access in 36 CFR part
903.
Record access procedures: Same as above.
Contesting record procedures: Same as above.
Record source categories: Individual to whom records pertain;
fellow workers and employer pursuant to investigation of complaint.
Systems exempted from certain provisions of the act: None.
PADC-7
System name: Acquisition and Relocation Files.
System location: Pennsylvania Avenue Development Corporation, 425
13th Street, NW, Washington, DC 20004.
Categories of individuals covered by the system: Property owners
and tenants located within the PADC areas.
Categories of records in the system: Relocation proceedings,
acquisition proceedings, contracts, address and phone number of
business, description of premises, business and type of ownership,
valuation of business and premises.
Authority for maintenance of the system: Pennsylvania Avenue
Development Corporation Act of 1972, Sec. 6(6) Pub. L. 92-578, 86
Stat. 1270 (40 U.S.C. 875) and Uniform Relocation Assistance and Real
Property Acquisitions Policies Act of 1970, Pub. L. 91-646, 84 Stat.
1894 (42 U.S.C. 4601 et. seq.).
Routine uses of records maintained in the system, including
categories of users and the purposes of such uses: See appendix to
full text of systems of records, 42 FR 48782, September 23, 1977.
Records are used to compile mailing lists, compile statistics,
determine eligibility for payment, determine amount of payment,
determine ownership in order to proceed with negotiation for
acquisition, determine relocation needs.
Policies and practices for storing, retrieving, accessing,
retaining, and disposing of records in the system:
Storage: File cabinet in office of Relocation Officer.
Retrievability: Information on individual is retrievable by master
chart number. Information on property owners is retrievable by lot
and square number.
Safeguards: Access is limited to real estate staff members who must
use Master Chart to determine names of displaced individuals. Master
Chart is secured in office of Relocation Officer.
Retention and disposal: Information is maintained until statuatory
or regulatory time for administrative and judicial appeals has
lapsed. It will be destroyed thereafter.
System manager(s) and address: Relocation Officer.
Notification procedure: Individuals seeking to determine whether
this system of records contains information about themselves should
address their inquiries to the Privacy Protection Officer,
Pennsylvania Avenue Development Corporation, 425 13th Street, NW,
Suite 1148, Washington, DC 20004; telephone: (202) 523-5476.
Record access procedures: Individuals seeking access to records
about themselves in this system of records should address their
inquiries to the Privacy Protection Officer at the address listed in
the notification section above.
Contesting record procedures: Individuals contesting the content of
records about themselves contained in this system of records should
address their inquiries to the Privacy Protection Officer at the
address listed in the notification section above.
Record source categories: Individual or business to whom records
pertain.
Appendix (PADC)
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 is a constituent of the Member and
has requested assistance from the Member with respect to the subject
matter of the record.
PENNSYLVANIA AVENUE DEVELOPMENT CORPORATION
Title 36-Parks, Forests, and Public Property
Chapter IX-Pennsylvania Avenue Development Corporation
PART 903--PRIVACY ACT
Sec.
903.1 Purpose and scope.
903.2 Definitions.
903.3 Procedures for notification of records pertaining to individuals.
903.4 Requests for access to records.
903.5 Response to requests for access.
903.6 Appeal of initial denial of access.
903.7 Requests for amendment of record.
903.8 Review of request for amendment of record.
903.9 Appeal of initial adverse determination of request for amendment
of record.
903.10 Disclosure of records to persons or agencies.
903.11 Routine uses of recrods maintained in the system of records.
903.12 Fees for furnishing and reproducing records.
903.13 Penalties.
Authority: 5 U.S.C. 552a; 40 U.S.C. 870.
Source: 42 FR 5973, Feb. 1, 1977, unless otherwise noted.
Sec. 903.1 Purpose and scope.
The purpose of this part is to enable the Pennsylvania Avenue
Development Corporation to implement the Privacy Act of 1974, and in
particular the provisions of 5 U.S.C. 552a, as added by the Act. The Act
was designed to insure that personal information about individuals
collected by Federal agencies be limited to that which is legally
authorized and necessary, and that the information is maintained in a
manner which precludes unwarranted intrusions upon individual privacy.
The regulations in this part establish, and make public, procedures
whereby an individual can:
(a) Request notification of whether or not the Corporation maintains
or has disclosed a record pertaining to him or her,
(b) Request access to such a record or an accounting of its
disclosure,
(c) Request that the record be amended, and
(d) Appeal any initial adverse determination of a request to amend a
record.
Sec. 903.2 Definitions.
As used in this part:
(a) Agency means agency as defined in 5 U.S.C. 552(e).
(b) Corporation means the Pennsylvania Avenue Development Corporation.
(c) Workday shall be a day excluding a Saturday, Sunday or legal
holiday.
(d) Individual means a citizen of the United States or an alien
lawfully admitted for permanent residence.
(e) Maintain includes maintain, collect, use, or disseminate.
(f) Record means any items, collection, or grouping of information
about an individual that is maintained by an agency, including, but not
limited to, his or her education, financial transactions, medical
history, and criminal or employment history and that contains his or her
name, or the identifying number, symbol or other identifying particular
assigned to the individual, such as a finger or voice print or a
photograph.
(g) The term system of records means a group of records under the
control of an agency 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.
(h) The term statistical record means a record in a system of records
maintained for statistical research or reporting purposes only and not
used in whole or in part in making any determination about an
identifiable individual except as provided by Section 8 of Title 13,
United States Code.
(i) 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. 903.3 Procedures for notification of records pertaining to
individuals.
(a) An individual making a written or oral request under the Privacy
Act (5 U.S.C. 552a) shall be informed of any Corporation systems of
records which pertain to the individual, if the request contains a
reasonable identification of the appropriate systems of records as
described in the notice published in the Federal Register.
(b) Requests may be made in person between the hours of 9 a.m. and 5
p.m. Monday through Friday, (except legal holidays). The request should
be addressed to the Privacy Protection Officer, Pennsylvania Avenue
Development Corporation, 1331 Pennsylvania Ave., NW, Suite 1220 North,
Washington, DC 20004. The Privacy Protection Officer of the Corporation
will require adequate personal identification before processing the
request. If a request is made in writing it must be under the signature
of the requesting individual and include the individual's address, date
of birth, and an additional proof of identification, such as a photocopy
of a driver's license or similar document bearing the individual's
signature. A notarized, signed statement is acceptable to verify the
identity of the individual involved without additional proof.
[42 FR 5973, Feb. 1, 1977, as amended at 50 FR 45824, Nov. 4, 1985]
Sec. 903.4 Requests for access to records.
(a) Except as otherwise provided by law or regulation, an individual,
upon request made in person or delivered in writing may gain access to
his or her record or to any information pertaining to him or her which
is contained in a system of records maintained by the Corporation, and
to review the record and have a copy made of all or any portion thereof
in a form comprehensible to him or her. An individual seeking access to
a Corporation record may be accompanied by a person of his or her
choosing. However, the Corporation will require a written statement from
the individual authorizing discussion of his or her record in the
accompanying person's presence.
(b) A request under paragraph (a) of this section shall be directed to
the Privacy Protection Officer at the place, times and in the manner
prescribed in Sec. 903.3(a) and (b). The request should include the
following information:
(1) The name of the individual;
(2) If made in writing, the information required under Sec. 903.3(b);
(3) A description of system or systems of records which contain the
record to which access is requested;
(4) The approximate dates covered by the record; and,
(5) A suggested date and time when the individual would like to view
the record.
(c) Requests which do not contain information sufficient to identify
the record requested will be returned promptly to the requester, with a
notice indicating that information is lacking. Individuals making
requests in person will be informed of any deficiency in the
specification of records or identification at the time that the request
is made. The Privacy Protection Officer of the Corporation will require
adequate personal identification before processing a request made in
person.
Sec. 903.5 Response to request for access.
(a) Within 10 days of receipt of a request made under Sec. 903.4 the
Privacy Protection Officer shall determine whether access to the record
is available under the Privacy Act and shall notify the requesting
individual in person or in writing of that determination.
(b) Notices granting access shall inform the individual when and where
the requested record may be seen, how copies may be obtained, and of any
anticipated fees or charges which may be incurred under Sec. 903.11.
Access shall be provided within 30 days of receipt of the request unless
the Corporation, for good cause shown, is unable to provide prompt
access, in which case the individual shall be informed in writing within
the 30 days as to the cause for delay and when it is anticipated that
access will be granted.
(c) Notices denying access shall state the reasons for the denial, and
advise the individual that the decision may be appealed in accordance
with the procedures set forth in Sec. 903.6.
Sec. 903.6 Appeal of initial denial of access.
(a) After receiving notification of an initial denial of access to a
record, an individual may request a review and reconsideration of the
request by the Executive Director of the Corporation, or an officer of
the Corporation designated by him, but other than the Privacy Protection
Officer. Appeals for review shall be in writing, addressed to the
Executive Director, Pennsylvania Avenue Development Corporation, 1331
Pennsylvania Avenue, NW, Suite 1220 North, Washington, DC 20004. The
appeal shall identify the record as in the original request, shall
indicate the date of the original request and the date of the initial
denial, and shall indicate the expressed basis for the denial.
(b) Not later than 30 days after receipt of an appeal, the Executive
Director, or an officer of the Corporation designated by him, will
complete review of the appeal and the initial denial and either:
(1) Determine that the appeal should be granted, and notify the
individual in writing to that effect; or,
(2) Determine that the appeal should be denied because the information
requested is exempt from disclosure. If the reviewing official denies
the appeal, he or she shall advise the individual in writing of the
decision and the reasons for reaching it, and that the denial of the
appeal is a final agency action entitling the individual to seek
judicial review in the appropriate district court of the United States
as provided in 5 U.S.C. 552a(g).
[42 FR 5973, Feb. 1, 1977, as amended at 50 FR 45824, Nov. 4, 1985]
Sec. 903.7 Requests for amendment of record.
(a) An individual may request amendment of a Corporation record
pertaining to him or to her, if the individual believes that the record
contains information which is not accurate, relevant, timely, or
complete. The request shall be in writing, whether presented in person
or by mail, shall state with specificity the record sought to be
amended, and shall propose wording of the correction or amendment
sought. The request shall be directed to the Privacy Protection Officer
at the place, times, and in the manner specified in Sec. 903.3 (a) and
(b). Assistance in preparing a request to amend a record, or to appeal
an initial adverse determination under Sec. 903.3(a), may be obtained
from the Privacy Officer, Pennsylvania Avenue Development Corporation,
1331 Pennsylvania Avenue, NW, Suite 1220 North, Washington, DC 20004.
(b) Not later than 10 days after the date of receipt of a request the
Privacy Protection Officer will acknowledge it in writing. The
acknowledgement will clearly describe the request, and if a
determination has not already been made, will advise the individual when
he or she may expect to be advised of action taken on the request. For
requests presented in person, written acknowledgement will be provided
at the time when the request is presented. No separate acknowledgement
of receipt will be issued if the request can be reviewed and the
individual advised of the results of the review within the 10 day
period.
[42 FR 5973, Feb. 1, 1977, as amended at 50 FR 45824, Nov. 4, 1985]
Sec. 903.8 Review of request for amendment of record.
(a) Upon receipt of a request for amendment of a record the Privacy
Protection Officer will promptly review the record and: Either (1) Amend
any portion thereof which the individual believes is not accurate,
relevant, timely, or complete; or (2) Inform the individual of refusal
to amend the record in accordance with the request. In reviewing a
record pursuant to a request to amend it, the Corporation will assess
the accuracy, relevance, timeliness and completeness of the record in
terms of the criteria established in 5 U.S.C. 552a(e)(5). In reviewing a
record in response to a request to amend it by deleting information, the
Corporation will ascertain whether or not the information is relevant
and necessary to accomplish a purpose of the Corporation required to be
accomplished by statute or by executive order of the President, as
prescribed by 5 U.S.C. 552a(e)(1).
(b) The Corporation shall take the action specified in paragraph (a)
of this section within 30 days of receipt of a request for amendment of
a record, unless unusual circumstances preclude completion of the action
within that time. If the expected completion date for the action, as
indicated in the acknowledgement provided pursuant to Sec. 903.5 cannot
be met, the individual shall be advised of the delay and of a revised
date when action is expected to be completed. If necessary for an
accurate review of the record, the Corporation will seek, and the
individual will supply, additional information in support of his or her
request for amending the record.
(c) If the Corporation agrees with all or any portion of an
individual's request to amend a record, the Corporation will so advise
the individual in writing, and amend the record to the extent agreed to
by the Corporation. Where an accounting of disclosures has been kept,
the Corporation will advise all previous recipients of the record of the
fact that the amendment was made and the substance of the amendment.
(d) If the Corporation disagrees with all or any portion of an
individual's request to amend a record, the Corporation shall:
(1) Advise the individual of its adverse determination and the reasons
therefor, including the criteria used by the Corporation in conducting
the review;
(2) Inform the individual that he or she may request a review of the
adverse determination by the Executive Director of the Corporation, or
by an officer of the Corporation designated by the Executive Director;
and,
(3) Advise the individual of the procedures for requesting such a
review including the name and address of the official to whom the
request should be directed.
(e) If the Corporation is apprised by another agency of any
corrections or other amendments made to a record contained in the
Corporation's system of records, the Corporation will promptly amend its
record and advise in writing all previous recipients of the record of
the fact that the amendment was made and the substance of the amendment.
Sec. 903.9 Appeal of initial adverse determination of request for
amendment of record.
(a) After receipt by an individual of notice of an adverse
determination by the Privacy Protection Officer concerning a request to
amend a record, the individual may, within 60 working days after the
date of receipt of the notice, appeal the determination by seeking a
review by the Executive Director of the Corporation, or by an officer of
the Corporation designatd by him. The appeal shall be in writing, mailed
or delivered to the Executive Director, Pennsylvania Avenue Development
Corporation, 1331 Pennsylvania Avenue NW, Suite 1220 North, Washington,
DC 20004. The appeal shall identify the record in the same manner as it
was identified in the original request, shall indicate the dates of the
original request and of the adverse determination and shall indicate the
expressed basis for that determination. In addition, the appeal shall
state briefly the reasons why the adverse determination should be
reversed.
(b) Not later than 30 days after receipt of an appeal, the Executive
Director, or an officer of the Corporation designated by him, will
complete a review of the appeal and the initial determination, and
either:
(1) Determine that the appeal should be granted, take the appropriate
action with respect to the record in question, and notify the individual
accordingly; or,
(2) Determine that the appeal should be denied.
(c) The reviewing official may, at his or her option, request from the
individual such additional information as is deemed necessary to
properly conduct the review. If additional time is required, the
Executive Director may, for good cause shown, extend the period for
action beyond the 30 days specified above. The individual will then be
informed in writing of the delay and the reasons therefor, and of the
approximate date on which action is expected to be completed.
(d) If the reviewing official denies the appeal, he or she shall
advise the individual in writing:
(1) Of the decision and the reasons for reaching it;
(2) That the denial of the appeal is a final agency action entitling
the individual to seek judicial review in the appropriate district court
of the United States, as provided in 5 U.S.C. 552a(g); and,
(3) That the individual may file with the Corporation a concise
statement setting forth the reasons for his or her disagreement with the
refusal of the Corporation to amend the record in question.
(e) Any individual having received notices of a denial of an appeal to
amend a record may file a statement of disagreement with the Executive
Director not later than 60 working days from the date of receipt of the
notice. Such statements shall ordinarily not exceed one page in length,
and the Corporation reserves the right to reject statements of excessive
length. Upon receipt of a proper and timely statement of disagreement,
the Corporation will clearly annotate the record in question to indicate
the portion of the record which is in dispute. In any subsequent
disclosure containing information about which the individual has filed a
statement of disagreement, the Corporation will provide a copy of the
statement together with the record to which it pertains. In addition,
prior recipients of the disputed record will be provided with a copy of
statements of disagreement to the extent that an accounting of
disclosures was maintained. If the Corporation deems it appropriate, it
may also include in any disclosure its own concise statement of the
reasons for not making the amendments requested.
[42 FR 5973, Feb. 1, 1977, as amended at 50 FR 45824, Nov. 4, 1985]
Sec. 903.10 Disclosure of records to persons or agencies.
(a) The Corporation will not disclose any record which is contained in
a system of records, by any means of communication to any person or to
another agency except:
(1) Pursuant to a written request by, or with the prior written
consent of, the individual to whom the record pertains;
(2) to those officers and employees of the Corporation who have a need
for the record in the performance of their duties;
(3) when required under 5 U.S.C. 552 (The Freedom of Information Act);
or
(4) pursuant to the conditions of disclosure contained in 5 U.S.C.
552a(b)(3) through 5 U.S.C. 552a(b)(11).
(b) The Privacy Protection Officer of the Corporation shall keep an
accounting of each disclosure made pursuant to paragraph (a)(4) of this
section, in accordance with 5 U.S.C. 552a(c). Except for disclosures
made pursuant to 5 U.S.C. 552a(b)(7), the Privacy Protection Officer
shall make the accounting kept under this paragraph available to an
individual to whom the record pertains, upon his or her request. An
individual requesting an accounting of disclosures should do so at the
place, times and in the manner specified in Sec. 903.3(a) and (b).
Sec. 903.11 Routine uses of records maintained in the system of
records.
(a) It shall be a routine use of the records in this system of records
to disclose them to the Department of Justice when:
(1) The Corporation, or any component thereof; or
(2) Any employee of the Corporation in his or her official capacity;
or
(3) Any employee of the Corporation in his or her individual capacity
where the Department of Justice has hagred to represent the employee; or
(4) The United States, where the Corporation determines that
litigation is likely to affect the Corporation or any of its components,
is a party to litigation or an interest in such litigation, and the use
of such records by the Department of Justice is deemed by the
Corporation to be relevant and necessary to the litigation, provided,
however, that in each case, the Corporation determines that disclosure
of the records to the Department of Justice is a use of the information
contained in the records that is compatible with the purpose for which
the records were collected.
(b) It shall be a routine use of records maintained by the Corporation
to disclose them in a proceeding before a court or adjudicative body
before which the Corporation is authorized to appear when:
(1) The Corporation, or any component thereof; or
(2) Any employee of the Corporation in his or her individual capacity;
(3) Any employee of the agency in his or her individual capacity where
the Department of Justice has agreed to represent the employee; or
(4) The United States, where the Corporation determines that
litigation is likely to affect the Corporation or any of its components
is a party to litigation or has an interest in such litigation and the
Corporation determines that use of such records is relevant and
necessary to the litigation, provided, however, that, in each case, the
Corporation determines that disclosure of the records to the Department
of Justice is a use of the information contained in the records that is
compatible with the purpose for which the records were collected.
[52 FR 34384, Sept. 11, 1987; 52 FR 39224, Oct. 21, 1987]
Sec. 903.12 Fees for furnishing and reproducing records.
(a) Individuals will not be charged a fee for:
(1) The search and review of the record;
(2) Any copies of the record produced as a necessary part of the
process of making the record available for access;
(3) Any copies of the requested record when it has been determined
that access can only be accomplished by providing a copy of the record
through the mail. The Privacy Protection Officer may provide additional
copies of any record without charge when it is determined that it is in
the interest of the Government to do so.
(b) Except as provided in paragraph (a) of this section, fees will be
charged for the duplication of records at a rate of 10 cents per page.
If it is anticipated that the total fee chargeable to an individual
under this subpart will exceed $25, the Corporation shall promptly
notify the requester of the anticipated cost. An advance deposit equal
to 50% of the anticipated total fee will be required unless waived by
the Privacy Protection Officer. In notifying the requester of the
anticipated fee, the Privacy Protection Officer shall extend an offer to
the requester to consult so that the request might be reformulated in a
manner which will reduce the fee, yet still meet the needs of the
requester.
(c) Fees must be paid in full prior to delivery of the requested
copies. Remittances may be in the form of cash, personal check, bank
draft or a postal money order. Remittances, other than cash shall be
made payable to the Treasurer of the United States.
[42 FR 5973, Feb. 1, 1977. Redesignated at 52 FR 34384, Sept. 11, 1987;
52 FR 39224, Oct. 21, 1987]
Sec. 903.13 Penalties.
The provision of 5 U.S.C. 552a(i), as added by Section 3 of the
Privacy Act, make it a misdemeanor subject to a maximum fine of $5,000,
to knowingly and willfully request or obtain any record concerning an
individual from an agency under false pretenses. Similar penalties
attach for violations by agency officers and employees of the Privacy
Act or regulations established thereunder.
[42 FR 5973, Feb. 1, 1977. Redesignated at 52 FR 34384, Sept. 11, 1987;
52 FR 39224, Oct. 21, 1987]