[Privacy Act Issuances (2001)]
[From the U.S. Government Publishing Office, www.gpo.gov]
COMMITTEE FOR PURCHASE FROM PEOPLE WHO ARE BLIND OR SEVERELY
DISABLED
TABLE OF CONTENTS
CBH--1 General Personnel File
CBH--2 General Financial Records
CBH--3 Payroll Records
CBH--1
System name: General Personnel File for Committee for Purchase
from the Blind and Other Severely Handicapped--CBH--1.
System location: 2009 14th Street North, Suite 610, Arlington,
Virginia 22201
Categories of individuals covered by the system: Committee members
and employees (past and present).
Categories of records in the system: General personnel information,
including, among other data, photographs, applications, position
description, request for and notification of personnel action,
training records, security clearances, titles, service computation
date, date of birth, grade, salary, employment history, home address,
age, marital status, social security number, home telephone number,
resume, letter of recommendation, and short biographical sketches.
System contains copies of Civil Service Commission personnel forms
including, among other: Data for nonsensitive or noncritical-
sensitive position, and payroll change slip. Information is used by
authorized Committee employees in the performance of their duties.
Authority for maintenance of the system: 5 U.S.C., generally, and
Pub. L. 92-28.
Routine uses of records maintained in the system, including
categories of users and the purposes of such uses: See appendix.
Policies and practices for storing, retrieving, accessing,
retaining, and disposing of records in the system:
Storage: Paper.
Retrievability: Manual and by name.
Safeguards: Files locked in office; records are available to
authorized persons only.
Retention and disposal: In accordance with General Records Schedule
FPMR 101-11.4.
System manager(s) and address: Executive Director
1755 Jefferson Davis Highway, Suite 1107,
Arlington, Virginia 22202
Notification procedure: Contact individual listed above.
Record access procedures: Requests from individuals should be
addressed to the Executive Director of the Committee staff. Requests
may also be made in person. For written requests, the individual
should provide full name, address, telephone number, and the dates of
the activity. For personal visits, the individual should be able to
provide some acceptable identification such as driver's license or
employee identification card. Only general inquiries may be made by
telephone.
Contesting record procedures: Rules for access to records and for
contesting the contents and appealing initial determinations have
been promulgated in 41 CFR part 51-8.
Record source categories: Official personnel records and the
individual.
CBH--2
System name: General Financial Records for Committee for
Purchase from the Blind and Other Severely Handicapped--CBH--2.
System location: General Services Administration, Central Office,
copies held by the Committee. (GSA holds records for Committee under
contract.)
Categories of individuals covered by the system: Committee
employees.
Categories of records in the system: SF 1038, 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 Committee who have a need for the record in the
performance of their duties.
Authority for maintenance of the system: 31 U.S.C., generally and
Pub. L. 92-28.
Routine uses of records maintained in the system, including
categories of users and the purposes of such uses: See appendix.
Policies and practices for storing, retrieving, accessing,
retaining, and disposing of records in the system: 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: Executive Director
1755 Jefferson Davis Highway, Suite 1107,
Arlington, Virginia 22202.
Notification procedure: Contact system manager listed above.
Record access procedures: Requests from individuals should be
addressed to the Executive Director of the Committee staff. Requests
may also be made in person. For written requests, the individual
should provide full name, address, telephone number, and the dates of
the activity. For personal visits, the individual should be able to
provide some acceptable identification such as driver's license or
employee identification card. Only general inquiries may be made by
telephone.
Contesting record procedures: Rules for access to records and for
contesting the contents and appealing initial determinations have
been promulgated in 41 CFR part 51-8.
Record source categories: The subject individual; the Committee.
CBH--3
System name: Payroll Records for Committee for Purchase from the
Blind and Other Severely Handicapped--CBH--3.
System location: General Services Administration, Region 3 Office;
copies held by the Committee (GSA holds records for Committee under
contract).
Categories of individuals covered by the system: Past and present
Committee employees.
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
Committee and GSA employees to maintain adequate payroll information
for Committee employees and otherwise by Committee 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.
Routine uses of records maintained in the system, including
categories of users and the purposes of such uses: See appendix.
Records also are 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 5529, or, in the absence thereof, in response to a
written request from an appropriate official of the taxing
jurisdiction to the Executive Director, Committee for Purchase from
the Blind and Other Severely Handicapped, 1755 Jefferson Davis
Highway, Suite 1107, Arlington, Virginia 22202.
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 Executive
Director, Committee for Purchase from the Blind and Other Severely
Handicapped, 2009 14th Street North, Suite 610, Arlington, Virginia
22201.
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 the HB GSA Records Maintenance and Disposition System
(OAD P 1820.2).
System manager(s) and address: Executive Director,
2009 14th Street, North, Suite 610,
Arlington, Virginia 22201.
Notification procedure: Contact system manager listed above.
Record access procedures: Requests from individuals should be
addressed to the Executive Director of the Committee staff. Requests
may also be made in person. For written requests, the individual
should provide full name, address, telephone number, and the dates of
the activity. For personal visits the individual should be able to
provide some acceptable identification such as driver's license or
employee identification card. Only general inquiries may be made by
telephone.
Contesting record procedures: Rules for access to records and for
contesting the contents and appealing initial determinations have
been promulgated in 41 CFR part 51-8.
Record source categories: The subject individual; the Committee.
APPENDIX (CBH)
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 of 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.
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 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.
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 of a
grievance, complaint, or appeal filed by an employee. A record from
this system of records may be disclosed to the United States Civil
Service Commission in accordance with the agency's responsibility for
evaluation and oversight of federal personnel management.
A record from this system of records may be disclosed to officers
and employees of a federal agency for purpose 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.
COMMITTEE FOR PURCHASE FROM THE BLIND AND OTHER SEVERELY
HANDICAPPED
Title 41-Public Contracts and Property Management
Subtitle B-Other Provisions Relating to Public Contracts
Chapter 51-Committee for Purchase from Blind and Other Severely
Handicapped
PART 51-8--PRIVACY ACT RULES
Subpart 51-8.1--General Policy
Sec.
51-8.101 Maintenance of records.
51-8.101-1 Collection and use.
51-8.101-2 Standards of accuracy.
51-8.101-3 Content of systems of records.
51-8.101-4 Rules of conduct.
51-8.101-5 Safeguarding systems of records.
51-8.102 Availability of records.
51-8.102-1 Specific exemptions.
Subpart 51-8.2--Disclosure of Records
51-8.201 Conditions of disclosure.
51-8.202 Accounting of disclosures.
Subpart 51-8.3--Individual Access to Records
51-8.301 Notification.
51-8.302 Times, places and requirements for access requests.
51-8.303 Access procedures.
51-8.303-1 Form of requests.
51-8.303-2 Special requirements for medical/psychological records.
51-8.303-3 Granting access.
51-8.303-4 Denials of access.
51-8.304 Fees.
51-8.304-1 Records available without charge.
51-8.304-2 Records available at a fee.
51-8.304-3 Prepayment of fees over $25.
51-8.304-4 Form of payment.
51-8.304-5 Reproduction fee schedule.
Subpart 51-8.4--Requests To Amend Records
51-8.401 Submission of requests to amend records.
51-8.402 Review of requests to amend records.
51-8.403 Approval of requests to amend.
51-8.404 Refusal of request to amend.
51-8.405 Request of review of refusal to amend a record.
Subpart 51-8.5--Report on New Systems and Alteration of Existing Systems
51-8.501 Reporting requirement.
51-8.502 Federal Register notice of establishment of new system or
alteration of existing system.
51-8.503 Effective date of new systems of records or alteration of an
existing system of records.
Subpart 51-8.6--Exceptions [Reserved]
Subpart 51-8.7--Rules of Conduct for Disclosure of Information About an
Individual
51-8.701 Committee rules of conduct.
Authority: Pub. L. 93-579, December 31, 1974; 5 U.S.C. 552a.
Source: 40 FR 51168, Nov. 3, 1975, unless otherwise noted.
Subpart 51-8.1--General Policy
Sec. 51-8.101 Maintenance of records.
Sec. 51-8.101-1 Collection and use.
Any information used in whole or in part in making a determination
about an individual's rights, benefits, or privileges under the
Committee programs, shall, to the extent practicable, be collected
directly from the subject individual. At the time information is
collected, the individual must be informed of the authority for
collecting such information, whether providing the information is
mandatory or voluntary, the purposes for which the information will be
used, the routine uses as published in the Federal Register, and the
effects on the individual, if any, of not providing the information. The
information collected shall be used only for the intended purpose or
permission for additional use will be obtained from the subject
individual.
Sec. 51-8.101-2 Standards of accuracy.
The Executive Director shall ensure that all records which are used by
the agency to make determinations about any individual are maintained
with such accuracy, relevance, timeliness, and completeness as is
reasonably necessary to assure fairness to the individual. Upon petition
by an individual, the Executive Director shall provide the individual
with the opportunity to review his records, and to request amendment of
a portion which the individual believes is not accurate, relevant,
timely or complete. Prior to dissemination of records about any
individual to any person or to another agency, exclusive of disclosure
pursuant to the Freedom of Information Act, the Executive Director shall
make reasonable effort to ensure that such records are accurate,
complete, timely, and relevant.
Sec. 51-8.101-3 Content of systems of records.
The Executive Director shall maintain in records only such information
about an individual as is relevant and necessary to accomplish an agency
purpose required by statute or executive order. Such records shall not
contain any information describing how any individual exercises rights
guaranteed by the First Amendment unless specifically authorized by
statute, by the subject individual, or is pertinent to and within the
scope of an authorized law enforcement activity. For these purposes,
First Amendment rights include, but are not limited to, religious and
political beliefs, freedom of speech, the press, assembly, and freedom
to petition.
Sec. 51-8.101-4 Rules of conduct.
Any employee of the Committee involved in the design, development,
operation or maintenance of any system of records, or in maintaining any
record, shall review the provisions of 5 U.S.C. 552a and these
regulations, and shall conduct himself accordingly with the rules of
conduct concerning the protection of personal information outlined in 41
CFR 51-8.7, Disclosure of Information about an Individual.
Sec. 51-8.101-5 Safeguarding systems of records.
The Executive Director shall ensure that appropriate administrative,
technical and physical safeguards are established to ensure the security
and confidentiality of records and to protect against any anticipated
threats or hazards to their security or integrity which could result in
substantial harm, embarrassment, inconvenience, or unfairness to any
individual on whom information is maintained.
Sec. 51-8.102 Availability of records.
Committee records pertaining to an individual shall be made available
to the subject individual to the greatest extent possible. Disclosures
of records to other than the subject individual will be made only in
accordance with subpart 51-8.2 of this part.
Sec. 51-8.102-1 Specific exemptions.
Systems of records maintained by the Committee which have been
exempted from certain requirements of the Privacy Act are designated in
subpart 51-8.6 of this part. An individual shall have access to all
exempted records containing information about him under procedures
outlined in subpart 51-8.3 of this part. Upon request, an individual
shall receive an accounting of any disclosure of information about him.
Subpart 51-8.2--Disclosure of Records
Sec. 51-8.201 Conditions of disclosure.
No Committee member or employee of the Committee shall disclose any
record to any person or to another agency without the express written
consent of the subject individual unless the disclosure is:
(a) To Committee members or employees who have a need for the
information in the official performance of their duties.
(b) Required under the provisions of the Freedom of Information Act.
(c) For a routine use as published in the annual notice in the Federal
Register.
(d) To the Bureau of Census for uses pursuant to Title 13.
(e) To a recipient who has provided the agency with advance adequate
written assurance that the record will be used solely as a statistical
research or reporting record and the record is to be transferred in a
form that is not individually identifiable. The written statement should
include as a minimum:
(1) A statement of the purpose for requesting the records, and
(2) Certification that the records will be used only for statistical
purposes.
These written statements shall be maintained as records. In addition to
stripping, personally identifying information from records released for
statistical purpose, the Committee will ensure that the identity of the
individual cannot reasonably be deducted by combining various
statistical records.
(f) To the National Archives of the United States as a record which
has sufficient historical or other value to warrant its continued
preservation by the United States Government, or for evaluation by the
Administrator of General Services or his designee to determine whether
the record has such value.
(g) To another agency or instrumentality of any governmental
jurisdiction within or under the control of the United States for a
civil or criminal law enforcement activity if the activity is authorized
by law, and if the head of the agency or instrumentality has made a
written request to the agency which maintains the record specifying the
particular portion desired and the law enforcement activity for which
the record is sought.
(h) To a person showing compelling circumstances affecting the health
and safety of an individual (not necessarily the individual to whom the
record pertains). Upon such disclosure, a notification of such shall be
sent to the last known address of the individual.
(i) To either House of Congress or to a subcommittee or committee
(joint or of either House, to the extent that the subject matter falls
within their jurisdiction).
(j) To the Comptroller General, or any of his authorized
representatives in the course of the performance of the duties of the
General Accounting Office, or
(k) Pursuant to the order of the court of competent jurisdiction.
Sec. 51-8.202 Accounting of disclosures.
(a) Except for disclosures made pursuant to paragraphs (a) and (b) of
Sec. 51-8.201 of this part, an accurate accounting of each disclosure
will be made and retained for five years after the disclosure or for the
life of the record, whichever is longer. The accounting will include the
date, nature, and purpose of each disclosure, and the name and address
of the person or agency to whom the disclosure is made.
(b) The accounting will be recorded and maintained in any manner the
Executive Director determines is satisfactory for the purposes of
constructing a listing of all disclosures, and for providing a cross
reference to the justification or basis upon which the disclosure was
made, including written documentation required when records are released
for statistical or law enforcement purposes and any written consents
provided by the individual.
(c) Except for disclosures made to agencies or instrumentalities in
law enforcement activities in accordance with Sec. 51-8.201(e)(2) or for
disclosures made from systems exempted from this requirement of the Act
as outlined in subpart 51-8.6 of this part, the accounting of
disclosures will be made available to the individual upon request.
Procedures for requesting access to the accounting are outlined in
subpart 51-8.3 of this part.
Subpart 51-8.3--Individual Access to Records
Sec. 51-8.301 Notification.
Any individual who wishes to determine if a system of records
maintained by the Committee contains a record pertaining to him should
direct a request to the Executive Director at the address indicated in
the public notice describing the system of records which has been
published in the Federal Register. The request should display clearly
the legend ``Privacy Act Request'' both on the face of the request
letter and on the face of the envelope. The request letter should
contain the complete name and identifying number of the system as
published in the Federal Register; the full name, address, and telephone
number of the subject individual; a brief description of the nature,
time, place and circumstances of the individual's association with the
Committee and any other information which the individual believes would
facilitate the Executive Director's determination whether the
individual's name is included in the system of records. The Executive
Director shall answer or acknowledge the request within ten working
days.
Sec. 51-8.302 Times, places and requirements for access requests.
Records will be available for authorized access during normal business
hours at the offices where the records are located. A requester should
be prepared to identify himself through production of a driver's
license, student or employee identification card, or other
identification acceptable to the Executive Director. When the disclosure
of records to the wrong individual would result in substantial harm,
embarrassment, inconvenience, or unfairness to the subject individual,
the Executive Director may require a notarized statement of identity.
The Executive Director shall ensure that such times, places, and
requirements for identification are not excessive and do not restrict
individual access unduly.
Sec. 51-8.303 Access procedures.
Sec. 51-8.303-1 Form of requests.
(a) An individual must request access to his record in writing. The
Executive Director shall accept by telephone only general inquiries for
information regarding systems of records or procedures.
(b) A written request should be directed to the Executive Director as
listed in the public notice describing the system of records. The
individual should display clearly on the face of the request letter and
on the face of the envelope the legend ``Privacy Act Request'', and
include the complete name and identifying number of the system as
published in the Federal Register; the full name, address, the telephone
number of the individual; a brief description of the nature, time, place
and circumstances of the individual's association with the Committee;
and any other information which the individual believes would facilitate
the Executive Director's search for the record.
(c) An individual who wishes to have a person of his choosing
accompany him in reviewing a record must sign a statement authorizing
the disclosure of his record in the presence of another individual, if
so requested by the Executive Director. An individual who intends to
visit the Committee office in order to review a record should make an
appointment with the Executive Director at least one week in advance.
Sec. 51-8.303-2 Special requirements for medical/psychological
records.
(a) The Executive Director may require an individual who requests
access to his medical or psychological record to designate a physician
of his choice to whom he may disclose the individual's record if in the
opinion of the Executive Director, disclosure directly to the individual
might be harmful.
(b) The Executive Director shall mark records which should not be
disclosed directly to the subject individual and shall inform an
individual requesting such records of the requirement to designate a
physician to whom the records can be disclosed.
Sec. 51-8.303-3 Granting access.
(a) Upon receipt of a request for access to non-exempt records, the
Executive Director shall make such records available to the individual,
or shall acknowledge the request within ten working days. The
acknowledgment shall indicate when the Executive Director will make the
record available.
(b) If the Executive Director anticipates more than ten days in making
a record available he also shall include in the acknowledgement specific
reasons for the delay.
(c) If an individual's request for access does not contain sufficient
information to permit the Executive Director to locate the record, the
Executive Director shall request additional information from the
individual and shall have ten working days following receipt of the
additional information in which to make the record available, or to
acknowledge receipt of the request and indicate when the record will be
available. In no case shall more information be requested from the
individual than that contained in the pertinent system of records.
(d) The Executive Director, at his discretion, either shall permit an
individual to examine the original of the record, or shall provide the
individual with a copy of the record. Fees shall be charged only for
copies requested by the individual and not for copies provided to the
individual for convenience of the agency.
(e) An individual may request to pick up a record in person or receive
it by mail, directed to the name and address provided by the individual
in his request. The Executive Director shall not make a record available
to a third party for delivery to the subject individual, except in the
case of medical records outlined in Sec. 51-8.303-2.
(f) The Executive Director shall maintain in an individual's record an
accounting of disclosures to the individual's documenting compliance
with the request.
(g) The procedures for access to an accounting of disclosures is
identical to the procedure for access to a record as set forth in this
section.
Sec. 51-8.303-4 Denials of access.
(a) The Executive Director may deny any individual access to his
record only on the grounds that the Committee has published rules in the
Federal Register exempting the pertinent system of records from the
access requirement.
(b) Upon receipt of a request for access to an exempt system, the
Executive Director shall prepare a letter denying access. The letter of
denial shall contain a justification for denial of access which includes
appropriate citation to the exemption provisions of these rules or other
Federal Register notice exempting the system.
Sec. 51-8.304 Fees.
Sec. 51-8.304-1 Records available without charge.
The Executive Director shall make one copy of a record available to an
employee without charge, and may waive the fee requirement for any other
individual requesting records if the cost of collecting the fee is an
unduly large part of, or greater than, the fee, or when furnishing the
record without charge conforms to generally established business custom
or is in the public interest.
Sec. 51-8.304-2 Records available at a fee.
The Executive Director shall provide one copy of a record to the
individual at a fee prescribed in Sec. 51-8.304-5. A reasonable number
of additional copies will be provided for the applicable fee where
reproduction services are not readily available.
Sec. 51-8.304-3 Prepayment of fees over $25.
When the Executive Director determines that the anticipated total fee
is likely to exceed $25, he shall notify the individual that he must
prepay the anticipated fee prior to making the records available. The
Committee will remit the excess paid by the individual or bill the
individual for an additional amount according to variations between the
final fee charged and the amount prepaid.
Sec. 51-8.304-4 Form of payment.
Payment shall be by check or money order payable to the Committee for
Purchase from the Blind and Other Severely Handicapped and shall be
addressed to the Executive Director.
Sec. 51-8.304-5 Reproduction fee schedule.
(a) The fee for reproducing a copy of a record (by routine
electrostatic copying) up to and including material 8\1/2\ x 14 inches
shall be $0.10 per page.
(b) The fee for reproducing a copy of a record over 8\1/2\ x 14 inches
or whose physical characteristics do not permit reproduction by routine
electrostatic copying shall be the direct cost of reproducing the
records through Government or commercial sources.
Subpart 51-8.4--Requests To Amend Records
Sec. 51-8.401 Submission of requests to amend records.
(a) An individual who desires to amend any record or information
pertaining to him should direct a written request to the Executive
Director, Committee for Purchase from the Blind and Other Severely
Handicapped, Crystal Square 5, Suite 1107, 1755 Jefferson Davis Highway,
Arlington, Virginia 22202.
(b) A request should bear the legend ``Privacy Act--Request to Amend
Record'' prominently marked on both the face of the request letter and
the envelope.
(5 U.S.C. 552a)
[40 FR 51168, Nov. 3, 1975, as amended at 49 FR 38267, Sept. 28, 1984]
Sec. 51-8.402 Review of requests to amend records.
(a) Upon receipt of a request to amend a record, the responsible
official, whenever practicable shall complete the review and advise the
individual of the results within ten working days. If a determination
cannot be made within ten working days, the Executive Director, within
ten working days, shall send the individual a written acknowledgment of
receipt of the request including a description of the request and the
date when the requester may except to be advised of action taken on the
request. Except in unusual circumstances, the Executive Director shall
complete the review within 30 working days. In unusual circumstances,
causing delay beyond the 30 day limit, the Executive Director shall
inform the individual in writing of the cause of delay, the actions
taken to review the record, and the date the Executive Director
anticipates the review to be complete.
(b) When reviewing a record in response to a request to amend, the
Executive Director shall assess the accuracy, relevance, timeliness, and
completeness of the record to ensure fairness to the individual in any
determination made on the basis of the record. With respect to a request
to delete information, the Executive Director also shall review the
request and record to determine whether the information is relevant and
necessary to accomplish an agency purpose required to be accomplished by
law or Executive Order.
Sec. 51-8.403 Approval of requests to amend.
If the Executive Director agrees to amend a record, he promptly shall
make the necessary corrections to the record and shall send a copy of
the corrected record to the individual. Where an accounting of
disclosure has been maintained, he shall advise all previous recipients
of the record of the fact that a correction was made of/and the
substance of the correction. Where practicable, the Executive Director
shall send a copy of the corrected record to previous recipients.
Sec. 51-8.404 Refusal of request to amend.
(a) The Executive Director, or any official acting for him, shall have
the authority to issue an initial refusal of a request to amend a record
within his custody and shall be responsible for the initial adverse
agency determination.
(b) If the Executive Director, after reviewing the request to amend a
record, determines not to amend the record, he promptly shall advise the
requester in writing of the determination. The refusal letter:
(1) Shall state the reasons for refusal,
(2) Shall state the requester's right to seek a review of the initial
determination, and
(3) Shall state the procedures for requesting such review.
Sec. 51-8.405 Request of review of refusal to amend a record.
(a) An individual who disagrees with the refusal to amend may appeal
that refusal with the Committee. An individual should address a request
for review of a refusal to amend any record, exclusive of a personnel
record of a current Committee employee to the Chairman, Committee for
Purchase from the Blind and Other Severely Handicapped, Crystal Square
5, Suite 1107, 1755 Jefferson Davis Highway, Arlington, Virginia 22202.
(b) A request to review must be in writing and should include a copy
of the initial request and refusal to amend. The request to review
should bear the legend ``Privacy Act--Request for Review of Refusal to
Amend'' on both the face of the letter and the envelope. The Chairman
shall complete the review and make a determination no later than 30
working days after receipt of the request for review, unless a
determination is made to extend the 30 day period. If a determination is
made to extend the 30 day period, the Chairman shall notify the
requester in writing of the reasons for the delay and the date when the
review will be completed.
(c) Upon receipt of a request to review a refusal to amend, the
Chairman shall undertake an independent review of the request and
initial determination. If, after conducting the review, the Chairman
agrees to amend, he shall notify the requester promptly in writing of
the determination, amend the record, and notify previous recipients in
accordance with Sec. 51-8.403.
(d) If, after conducting the review, the Chairman agrees with the
refusal to amend the record, he shall notify the requester promptly in
writing of the determination. The notification shall include the reasons
for the refusal, and shall advise the individual of his right to file a
statement of disagreement, and the procedures for doing so. The Chairman
also shall advise the individual that such statement of disagreement
will be made available in any subsequent disclosures of the record
together with a concise statement summarizing reasons for refusal where
the responsible official deems it appropriate. The Chairman also will
advise the individual of his right to bring civil action against the
agency in a district court of the United States.
(5 U.S.C. 552a)
[40 FR 51168, Nov. 3, 1975, as amended at 49 FR 38267, Sept. 28, 1984;
49 FR 43065, Oct. 26, 1984]
Subpart 51-8.5--Report on New Systems and Alteration of Existing
Systems
Sec. 51-8.501 Reporting requirement.
(a) No later than 30 days prior to the establishment of a new systems
of records, the Executive Director shall submit a copy of the proposal
to the President of the Senate, the Speaker of the House of
Representatives, and the Director of the Office of Management and Budget
for their evaluation of the probable or potential effect of such
proposal on the privacy and other personal or property rights of
individuals of the disclosure of information relating to such
individuals.
(b) No later than 30 days prior to the alteration of a system of
records, the Executive Director for the maintenance of that system of
records shall submit a copy of the proposal to the President of the
Senate, the Speaker of the House of Representatives, and the Director of
the Office of Management and Budget for their evaluation of the probable
or potential effect of such proposal on the privacy and other personal
or property rights of individuals of the disclosure of information
relating to such individuals.
Sec. 51-8.502 Federal Register notice of establishment of new
system or alteration of existing system.
(a) When the Executive Director receives notice that the Senate, the
House of Representatives, and the Office of Management and Budget do not
object to the establishment of a new system of records, or the
alteration of an existing system of records, or
(b) When no fewer than 30 days elapse from the submission of the
proposal to the Senate, the House of Representatives, and the Office of
Management and Budget, without receipt by the Executive Director of an
objection to the proposal, then a notice shall be published in the
Federal Register of the proposed establishment or alteration of a system
of records. The notice shall include all of the information required to
be provided by the Privacy Act of 1974, and such other information as
deemed necessary.
Sec. 51-8.503 Effective date of new systems of records or
alteration of an existing system of records.
Systems of records proposed to be established or altered in accordance
with the provision of the subpart shall be effective no sooner than 30
days from the publication of notice required by Sec. 51-8.502.
Subpart 51-8.6--Exemptions [Reserved]
Subpart 51-8.7--Rules of Conduct for Disclosure of Information About
an Individual
Sec. 51-8.701 Committee rules of conduct.
(a) Every Committee member and employee who is involved in the design,
development, operation, or maintenance of a system of records, or who
has access to a system of records, shall familiarize himself with the
requirements of the Privacy Act of 1974 (5 U.S.C. 552a) and the
Committee regulations and orders issued thereunder and apply these
requirements to all systems of records.
(b) No Committee member or employee shall disclose any record which is
contained in a system of records by any means of communication to any
person, or to another agency, except pursuant to a written request by,
or with the prior written consent of the individual to whom the record
pertains, unless the disclosure would be to a recipient specified in
paragraph (c) of this section. The term ``record'' means any item,
collection, or grouping of information about an individual that is
maintained by an agency, including but not limited to, his education,
financial transactions, medical history, and criminal or employment
history and that contains his name, or the identifying number, symbol,
or other identifying particular assigned to the individual, such as a
finger or voice print or a photograph. 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. 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. The term
``individual'' means a citizen of the United States or an alien lawfully
admitted for permanent residence. The term ``agency'' is defined in 5
U.S.C. 552a(e).
(c) An employee may disclose any record which is contained in a system
of records, without a written request by and without the prior written
consent of the individual to whom the record pertains, if the disclosure
would be:
(1) To those Committee members and employees of the agency which
maintains the record who have a need for the record in the performance
of their duties;
(2) Required under section 552a of Title 5 U.S.C.;
(3) For a routine use as described in paragraph (b) of this section;
(4) To the Bureau of the Census for purposes of planning or carrying
out a census or survey or related activity pursuant to the provisions of
Title 13 U.S.C.;
(5) To a recipient who has provided the agency with advance adequate
written assurance that the record will be used solely as a statistical
research or reporting record, and the record is to be transferred in a
form that is not individually identifiable;
(6) To the National Archives of the United States as a record which
has sufficient historical or other value to warrant its continued
preservation by the United States Government, or for evaluation by the
Administrator of General Services or his designee to determine whether
the record has such value;
(7) To another agency or to an instrumentality of any governmental
jurisdiction within or under the control of the United States for a
civil or criminal law enforcement activity if the activity is authorized
by law, and if the head of the agency or instrumentality has made a
written request to the agency which maintains the record specifying the
particular portion desired and the law enforcement activity for which
the record is sought;
(8) To a person pursuant to a showing of compelling circumstances
affecting the health or safety of an individual if upon such disclosure
notification is transmitted to the last known address of such
individual;
(9) To either House of Congress, or, to the extent of matter within
its jurisdiction, any committee or subcommittee thereof, any joint
committee of Congress or subcommittee of any such joint committee;
(10) To the Comptroller General, or any of his authorized
representatives, in the course of the performance of the duties of the
General Accounting Office; or
(11) Pursuant to the order of a court of competent jurisdiction.
(d) No Committee member or employee shall maintain a record describing
how any individual exercises rights guaranteed by the First Amendment
unless expressly authorized by statute or by the individual about whom
the record is maintained or unless pertinent to and within the scope of
an authorized law enforcement activity.
(e) No Committee member or employee shall sell or rent an individual's
name and address unless such action is specifically authorized by law.
(f) A Committee member or employee, who by virtue of his employment or
official position, has possession of, or access to, agency records which
contain individually identifiable information the disclosure of which is
prohibited by paragraph a of this section or by any other rules or
regulations established under the Privacy Act of 1974, and who (1)
knowing that disclosure of the specific material is so prohibited,
willfully discloses the material in any manner to any person or agency
not entitled to receive it, or (2) willfully maintains a system of
records without meeting the notice requirements of the Privacy Act of
1974, or (3) knowingly and willfully requests or obtains any record
concerning an individual from any agency under false pretenses, is
subject to criminal penalties and administrative sanctions. Any
Committee member or employee who (i) makes a determination not to amend
an individual's record in accordance with the Privacy Act of 1974, or
(ii) refuses to comply with an individual's request to gain access to
review, and obtain a copy of any information pertaining to him, or (iii)
fails to maintain any record concerning any individual with such
accuracy, relevance, timeliness, and completeness as is necessary to
assure fairness in any determination relating to the qualifications,
character, rights, or opportunities or of benefits to the individual
that may be made on the basis of such record, and consequently a
determination is made which is adverse to the individual, or (iv) fails
to comply with any provision of the Privacy Act of 1974 or any Committee
regulation implementing it, subjects the Committee to civil penalties
and himself to administrative sanctions.