[Privacy Act Issuances (2003)]
[From the U.S. Government Publishing Office, www.gpo.gov]

ADMINISTRATIVE CONFERENCE OF THE UNITED STATES

   ACUS--1

   System name:  Membership and Correspondence Files--ACUS.

     System location:  Office of the Chairman, Administrative Conference 
   of the United States, 2120 L Street, NW, Suite 500, Washington, DC 
   20037.
     Categories of individuals covered by the system:  Current and 
   former members of the Administrative Conference of the United States.
     Categories of records in the system:  Correspondence between 
   current and former members of the Conference and the Chairman or 
   staff of the Conference; biographical data on members.
     Authority for maintenance of the system:  5 U.S.C. 575; 44 U.S.C. 
   3101.
     Routine uses of records maintained in the system, including 
   categories of users and the purposes of such uses:  These records are 
   maintained and used by the Chairman and staff of the Conference as a 
   reference and working file of current and former members' membership 
   status, their views on Conference studies, proposals, statements and 
   recommendations, and their activities on Conference committees.
     Policies and practices for storing, retrieving, accessing, 
   retaining, and disposing of records in the system: 
     Storage:  These records are maintained in file folders in metal 
   file cabinets.
     Retrievability:  These records are indexed by the names of the 
   current and former members of the Conference.
     Safeguards:  Stored in metal file cabinets in an area to which 
   access is controlled by and restricted to ACUS personnel.
     Retention and disposal:  Retained in the permanent files of the 
   Conference.
     System manager(s) and address:  Executive Director, Administrative 
   Conference of the United States, 2120 L Street, NW, Suite 500, 
   Washington, DC 20037.
     Notification procedure:  Contact the Executive Secretary as 
   provided in 1 CFR 304.20 et seq.
     Record access procedures:  Same as above.
     Contesting record procedures:  Same as above.
     Record source categories:  Past and present Conference members; 
   ACUS Chairmen staff; publications.

   ACUS--2

   System name:  Consultants' Contracts and Correspondence Files--
      ACUS.

     System location:  Office of the Chairman, Administrative Conference 
   of the United States, 2120 L Street, NW, Suite 500, Washington, DC 
   20037.
     Categories of individuals covered by the system:  Current and 
   former consultants to the Administrative Conference of the United 
   States.
     Categories of records in the system:  Contracts entered into by the 
   consultants with the Conference and correspondence related thereto; 
   records of the consultants' expenses paid by the Conference.
     Authority for maintenance of the system:  5 U.S.C. 574-75; 44 
   U.S.C. 3101.
     Routine uses of records maintained in the system, including 
   categories of users and the purposes of such uses:  These records are 
   maintained for use by the ACUS Chairman and staff in administering 
   the research projects of the Conference and for financial record 
   keeping purposes.
     Policies and practices for storing, retrieving, accessing, 
   retaining, and disposing of records in the system: 
     Storage:  These records are maintained in file folders in metal 
   file cabinets.
     Retrievability:  These records are indexed by the names of current 
   and former consultants to the Conference.
     Safeguards:  Stored in metal file cabinets in an area to which 
   access is controlled by and restricted to ACUS personnel.
     Retention and disposal:  Retained in the permanent files of the 
   Conference.
     System manager(s) and address:  Executive Director, Administrative 
   Conference of the United States, 2120 L Street, NW, Suite 500, 
   Washington, DC 20037.
     Notification procedure:  Contact the Executive Secretary as 
   provided in 1 CFR 304.20 et seq.
     Record access procedures:  Same as above.
     Contesting record procedures:  Same as above.
     Record source categories:  Current and past consultants to the 
   Conference; ACUS Chairmen and staff.

   ACUS--3

   System name:  Council Membership and Correspondence Files--ACUS.

     System location:  Office of the Chairman, Administrative Conference 
   of the United States, 2120 L Street, NW, Suite 500, Washington, DC 
   20037.
     Categories of individuals covered by the system:  Current and 
   former members of the Council of the Administrative Conference of the 
   United States.
     Categories of records in the system:  Correspondence between 
   current and former Council members of the Conference and the Chairman 
   or staff of the Conference; biographical data on Council members.
     Authority for maintenance of the system:  5 U.S.C. 575; 44 U.S.C. 
   3101.
     Routine uses of records maintained in the system, including 
   categories of users and the purposes of such uses:  These records are 
   maintained and used by the Chairman and staff of the Conference as a 
   reference and working file of current and former Council members, 
   memberships status, their views on Conference studies, proposals, 
   statements, and recommendations, as well as a record of their 
   activities on the Council of the Conference.
     Policies and practices for storing, retrieving, accessing, 
   retaining, and disposing of records in the system: 
     Storage:  These records are maintained in file folders in metal 
   file cabinets.
     Retrievability:  These records are indexed by the names of the 
   current and former Council members of the Conference.
     Safeguards:  Stored in metal file cabinets in an area to which 
   access is controlled by and restricted to ACUS personnel.
     Retention and disposal:  Retained in the permanent files of the 
   Conference.
     System manager(s) and address:  Executive Director, Administrative 
   Conference of the United States, 2120 L Street, NW, Suite 500, 
   Washington, DC 20037
     Notification procedure:  Contact the Executive Secretary as 
   provided in 1 CFR 304.20 et seq.
     Record access procedures:  Same as above.
     Contesting record procedures:  Same as above.
     Record source categories:  Current and former Council members; ACUS 
   Chairman and staff.

   ACUS--4

   System name:  Mailing List for Press Releases, Newsletters, 
      Annual Reports, and General Information--ACUS.

     System location:  Office of the Chairman, Administrative Conference 
   of the United States, 2120 L Street, NW, Suite 500, Washington, DC 
   20037.
     Categories of individuals covered by the system:  Current and 
   former members of the Conference and consultants to the Conference; 
   officials of all branches of government; representatives of the 
   press; other individuals who have requested that they be kept 
   informed of Conference activities or whose names are placed on the 
   list by the Conference Chairman or staff.
     Categories of records in the system:  Names and addresses of 
   recipients of Conference publications.
     Authority for maintenance of the system:  5 U.S.C. 575; 44 U.S.C. 
   3101.
     Routine uses of records maintained in the system, including 
   categories of users and the purposes of such uses:  Used by the staff 
   of the Chairman's Office for the distribution of Conference 
   publications and announcements.
     Policies and practices for storing, retrieving, accessing, 
   retaining, and disposing of records in the system: 
     Storage:  Index card file maintained in a metal index card cabinet.
     Retrievability:  Indexed alphabetically.
     Safeguards:  Stored in metal file cabinet in an area to which 
   access is controlled by and restricted to ACUS personnel.
     Retention and disposal:  Maintained on an ongoing basis; cards 
   removed from the file are destroyed.
     System manager(s) and address:  Executive Director, Administrative 
   Conference of the United States, 2120 L Street, NW, Suite 500, 
   Washington, DC 20037.
     Notification procedure:  Contact the Executive Secretary as 
   provided in 1 CFR 304.20 et seq.
     Record access procedures:  Same as above.
     Contesting record procedures:  Same as above.
     Record source categories:  Individuals requesting information; 
   Conference membership lists and personnel lists of other agencies and 
   units of government; Consultants to Conference committees; 
   representatives of the press.

   ACUS--5

   System name:  Pay and Pay-Related Records (Payroll, Travel, 
      Attendance, Leave)--ACUS.

     System location:  General Services Administration, Region 3 Office, 
   Room 7109, 7th and D Streets, SW, Washington, DC 20407; copies held 
   by the Administrative Conference of the United States, 2120 L Street, 
   NW, Suite 500, Washington, DC 20037. (GSA holds records for the 
   Conference under agreement.)
     Categories of individuals covered by the system:  Current and 
   former employees of the Conference.
     Categories of records in the system:  Varied payroll records, 
   including among other documents, time and attendance cards; payment 
   vouchers; comprehensive listing of employees; health benefits 
   records; requests for deductions; tax forms; W2 forms; overtime 
   requests; leave data; retirement records. Records are used by the 
   Conference and GSA employees to maintain adequate payroll information 
   for Conference employees and otherwise by Conference and GSA 
   employees who have a need for the record in the performance of their 
   duties.
     Authority for maintenance of the system:  5 U.S.C. 575; 44 U.S.C. 
   3101.
     Routine uses of records maintained in the system, including 
   categories of users and the purposes of such uses:  Information is 
   used inhouse and by GSA to complete reports, take personnel action, 
   and fulfill other administrative requirements. Also, see the Appendix 
   below. Categories of users are appropriate ACUS and GSA personnel.
       A copy of an employee's Department of the Treasury Form W-2, 
   ``Wage and Tax Statement'', also is disclosed to a State, city, or 
   other jurisdiction which is authorized to tax the employee's 
   compensation. Such records will be provided in accordance with a 
   withholding agreement between the State, city, or other jurisdiction 
   and the Department of the Treasury pursuant to 5 U.S.C. 5516, 5517, 
   or 5520, or, in the absence of such an agreement, in response to a 
   written request from an appropriate official of the taxing 
   jurisdiction. An executed copy of an employee's city tax withholding 
   certificate will be furnished to a city upon a written request from 
   an appropriate city official, pursuant to a withholding agreement 
   between the city and the Department of the Treasury (5 U.S.C. 5520). 
   In the absence of a withholding agreement, an employee's Social 
   Security Number will be furnished only to a taxing jurisdiction which 
   has furnished the Conference with evidence of its independent 
   authority to compel disclosure of the Social Security Number, in 
   accordance with section 7 of the Privacy Act of 1974, Pub. L. 93-579.
     Policies and practices for storing, retrieving, accessing, 
   retaining, and disposing of records in the system: 
     Storage:  Paper files stored in metal file cabinets and on 
   microfilm.
     Retrievability:  Retrieved by name and/or social security number.
     Safeguards:  Records are stored in locked metal file cabinets in 
   secured premises; access is limited to those whose official duties 
   require access.
     Retention and disposal:  Disposition of records shall be in 
   accordance with the HB GSA Records Maintenance and Disposition System 
   (OAD P 1820.2).
     System manager(s) and address: 
         General Services Administration 3BCE
         Room 7109
         Regional Office Building 3
         7th and D Streets, SW
         Washington, DC 20407
         Executive Director
         Administrative Conference of the United States
         2120 L Street, NW
         Suite 500
         Washington, DC 20037.
     Notification procedure:  Contact the Executive Secretary as 
   provided in 1 CFR 304.20 et seq.
     Record access procedures:  Same as above.
     Contesting record procedures:  Same as above.
     Record source categories:  Individual to whom records pertain; the 
   Chairman and staff of the Conference.

   ACUS--6

   System name: Personnel Records--ACUS.

     System location:  General Services Administration, 2100 M Streets, 
   NW, Room 155, Washington, D.C. 20405; copies held by the 
   Administrative Conference of the United States, 2120 L Street, NW, 
   Suite 500, Washington, DC 20037. (GSA holds records for the 
   Administrative Conference under agreement.)
     Categories of individuals covered by the system:  Conference staff 
   employees, including per diem employees.
     Categories of records in the system:  This records system contains 
   a variety of records relating to personnel actions and determinations 
   about individuals while employed in the Federal service. These 
   records include: Recommendations not submitted on standard Government 
   forms, such as, awards; salary increases; performance ratings and 
   training; intra-office and inter-office communications; resumes; 
   probationary period reports; issuance of motor vehicle operator 
   permits; issuance of Administrative Conference identification cards; 
   career counseling; training needed by an individual, including 
   enrollment individual development plans, counseling, and 
   determinations under the upward mobility, executive development, 
   student trainee, and worker trainee programs; executive inventory 
   records sheets; written requests for information on employment from 
   creditors, financial institutions, etc.; beneficiary designations for 
   unpaid compensation; schedules, tabulations, lists, and 
   organizational charts which contains personal information; 
   Congressional correspondence; and related information.
     Authority for maintenance of the system:  5 U.S.C. 575; 44 U.S.C. 
   3101.
     Routine uses of records maintained in the system, including 
   categories of users and the purposes of such uses:  Information is 
   used inhouse and by GSA to complete reports, take personnel action, 
   and fulfill other administrative requirements. Also, see the Appendix 
   below. Categories of users are appropriate ACUS and GSA personnel.
     Policies and practices for storing, retrieving, accessing, 
   retaining, and disposing of records in the system: 
     Storage:  Paper records stored in file folders in metal file 
   cabinets.
     Retrievability:  Retrieved manually, by name of individual.
     Safeguards:  Records are stored in locked metal file cabinets in 
   secured premises; access is limited to those whose official duties 
   require access.
     Retention and disposal:  Records retained indefinitely.
     System manager(s) and address: 
         General Services Administration
         2100 M Streets, NW
         Room 155
         Washington, DC 20405
         Executive Director
         Administrative Conference of the United States
         2120 L Street, NW
         Suite 500
         Washington, DC 20037.
     Notification procedure:  Contact the Executive Secretary as 
   provided in 1 CFR 304.20 et seq.
     Record access procedures:  Same as above.
     Contesting record procedures:  Same as above.
     Record source categories:  Individual to whom records pertain; 
   supervisors; official personnel records.

                Appendix to Notice of Systems ACUS 5 and 6

       1. In the event that a system of records maintained by this 
   agency to carry out its functions indicates a violation or potential 
   violation of law, whether civil, criminal or regulatory in nature, 
   and whether arising by general statute or particular program statute, 
   or by regulation, rule or order issued pursuant thereto, the relevant 
   records in the system of records may be referred, as a routine use, 
   to the appropriate agency, whether federal, state, local or foreign, 
   charged with the responsibility of investigating or prosecuting such 
   violation or charged with enforcing or implementing the statute, or 
   rule, regulation or order issued pursuant thereto.
       2. A record from this system of records may be disclosed as a 
   ``routine use'' to a federal, state or local agency maintaining 
   civil, criminal or other relevant enforcement information or other 
   pertinent information, such as current licenses, if necessary to 
   obtain information relevant to an agency decision concerning the 
   hiring or retention of an employee, the issuance of a security 
   clearance, the letting of a contract or the issuance of a license, 
   grant or other benefit.
       3. A record from this system of records may be disclosed to a 
   federal agency, in response to its request, in connection with the 
   hiring or retention of an employee, the issuance of a security 
   clearance, the reporting of an investigation of an employee, the 
   letting of a contract, or the issuance of a license, grant or other 
   benefit by the requesting agency, to the extent that the information 
   is relevant and necessary to the requesting agency's decision in the 
   matter.
       4. A record from this system of records may be disclosed to an 
   authorized appeal grievance examiner, formal complaints examiner, 
   equal employment opportunity investigator, arbitrator or other duly 
   authorized official engaged in investigation or settlement or a 
   grievance, complaint, or appeal filed by an employee. A record from 
   this system of records may be disclosed to the United States Civil 
   Service Commission in accordance with the agency's responsibility for 
   evaluation and oversight of federal personnel management.
       5. A record from this system of records may be disclosed to 
   officers and employees of a federal agency for purposes of audit.
       6. A record from this system of records may be disclosed, as a 
   routine use, in the course of presenting evidence to a court, 
   magistrate or administrative tribunal, including disclosures to 
   opposing counsel in the course of settlement negotiations.
       7. A record in this system of records may be disclosed, as a 
   routine use, to a Member of Congress submitting a request involving 
   the individual when the individual has requested assistance from the 
   Member with respect to the subject matter of the record.

   ACUS 7

   System name: Dispute Resolution Neutrals Data File.

     System location: 
       Administrative Conference of the United States, 2120 L Street, 
   NW., suite 500, Washington, DC 20037.
     Categories of individuals covered by the system: 
       Neutrals listed on the Administrative Conference's roster of 
   persons available to assist in resolving federal agency disputes and 
   negotiated rulemaking.
     Categories of records in the system: 
       The first category of records consists of current neutral files 
   (those currently on the Roster), and contains the personal data 
   questionnaire listing education, professional background and 
   experience, and confidential and other recommendations as to 
   acceptability. In addition, these files include correspondence with 
   neutrals regarding fees, areas of professional interest, complaints 
   alleging serious legal or ethical breaches, if any, other 
   correspondence and data related to case handing, and biographical 
   sketches summarizing information contained in the personal data 
   questionnaire. The second category of records consists of 
   registration records (see above) for individuals who have not been 
   accepted or have been removed from the Roster, correspondence, and 
   the reason for removal from the Roster.
     Authority for maintenance of the system: 
       The Administrative Dispute Resolution Act (Pub. L. 101-552) and 
   the Negotiated Rulemaking Act of 1990 (Pub. L. 101-648).
   Purpose(s): 
       The purposes of the Dispute Resolution Neutrals Data File are to 
   (1) maintain information regarding individuals with experience in 
   dispute resolution and negotiated rulemaking; (2) provide the 
   capability to respond to federal agencies' inquiries for names of 
   individuals who are available to act as dispute resolution neutrals, 
   as defined by the ADR Act, or as conveners and facilitators, as 
   defined by the Reg-Neg Act. The Conference will furnish names and 
   qualifications of individuals contained in the Dispute Resolution 
   Neutrals Data File to federal agencies and to private parties with 
   federal agency disputes, upon request.
     Routine use of records maintained in the system including 
   categories of users and the purposes of such uses: 
       Biographical data are furnished to federal agencies, and private 
   parties involved in federal agency disputes, who have requested the 
   referral of one or more neutrals, conveners or facilitators along 
   with other data submitted by the individual with the registration 
   form.
       The files may also be furnished to persons conducting research on 
   dispute resolution or negotiated rulemaking processes in the Federal 
   Government.
       Information furnished to the Administrative Conference by 
   individuals wishing to be included in the Data File, and from other 
   sources listed above, may be routinely disclosed to appropriate 
   persons or organizations outside the agency in the course of 
   verifying the accuracy of data submitted. Data furnished by any 
   source in the nature of a complaint alleging serious legal or ethical 
   breaches are routinely referred to appropriate persons outside the 
   agency in the course of considering an individual's continuing 
   eligibility for listing on the Data File and, if a serious breach is 
   identified, to relevant legal or other authorities.
     Policies and practices for storing, retrieving, accessing, 
   retaining, and disposing of records in the system: 
     Storage: 
       These records are maintained in original/duplicate document form 
   in lateral file cabinets and on computer. In either case, the files 
   are retrieved by an individual name or identification number or other 
   computer search techniques.
     Safeguards: 
       These records are located at the Office of the Chairman of the 
   Administrative Conference. The records are maintained in lateral file 
   cabinets to which access is limited during office hours. Computer 
   records can be accessed only through use of confidential procedures 
   and passwords. Access to either files or computer records is limited 
   to employees of the Office of the Chairman of the Administrative 
   Conference.
     Retention and disposal: 
       Files on individuals are maintained as long as the individual is 
   listed on the Roster. Files of individuals who have not been accepted 
   for the Roster due to incomplete or improperly submitted 
   applications, are maintained for six months. After the six-month 
   period only names and addresses of these persons will be retained. 
   Other materials submitted will be discarded.
     System manager(s) and address: 
       Executive Director, Administrative Conference of the United 
   States, 2120 L Street, NW., suite 500, Washington, DC 20037.
     Notification procedure: 
       Individuals who want to receive notification of inclusion in this 
   system of records, inspect their file, or contest the contents of any 
   records maintained in the system, should address inquires to the 
   Executive Director of the Administrative Conference at the above 
   address. All such inquiries should indicate the name of the 
   individual and any other information that may be helpful in locating 
   the file.
     Record access procedures:
       See ``Notification Procedure'' above.
     Contesting record procedure:
       Contact the Executive Director at the above address, and identify 
   the record, specify the information being contested, and the 
   corrective action sought with supporting justification.
     Record source categories: 
       Directly from the individual, sources furnished by the 
   individual, or obtained by the Administration Conference from other 
   sources.
     System exempted from certain provisions of the act: 
       In order to preserve the accuracy of information necessary for 
   investigating data supplied by individuals wishing to be included on 
   the Roster, and to investigate complaints of ethical breaches, the 
   identity of confidential sources is exempted from disclosure.

   ADMINISTRATIVE CONFERENCE OF THE UNITED STATES

Title 1-General Provisions

Chapter II-Administrative Conference of the United States

PART 304--PUBLIC AVAILABILITY OF DOCUMENTS AND RECORDS

Subpart B--Privacy Act Implementation

Sec.

304.20  Purpose and scope.
304.21  Definitions.
304.22  Procedures for requests pertaining to individual records in a 
    system of records.
304.23  Request for amendment or correction of a record.
304.24  Disclosure of a record to a person other
304.25  Schedule of fees.

Subpart B--Privacy Act Implementation

  Authority: 5 U.S.C. 552, 552a, 571-576.

  Source: 41 FR 15321, Apr. 12, 1976, unless otherwise noted.

   Sec. 304.20  Purpose and scope.

  The purpose of this subpart is the implementation of the Privacy Act 
of 1974, 5 U.S.C. 552a, by establishing procedures whereby an individual 
can determine if a system of records maintained by the Administrative 
Conference contains a record pertaining to himself, and procedures for 
providing access to such a record for the purpose of review, amendment, 
or correction. Requests for assistance in interpreting or complying with 
these regulations should be addressed to the Executive Secretary, 
Administrative Conference of the United States, 2120 L Street, NW, Suite 
500, Washington, DC 20037.

   Sec. 304.21  Definitions.

  As used in this subpart, the terms ``individual,'' ``maintain,'' 
``record,'' ``system of records,'' and ``routine use'' shall have the 
meaning specified in 5 U.S.C. 552a(a).

   Sec. 304.22  Procedures for requests pertaining to individual records 
   in a system of records.

  (a) An individual can determine if a particular system of records 
maintained by the Administrative Conference contains a record pertaining 
to himself by submitting a written request for such information to the 
Executive Secretary. The Executive Secretary shall respond to a written 
request under this subpart within a reasonable time by stating that a 
record on the individual either is or is not contained in the system.
  (b) If an individual seeks access to a record pertaining to himself in 
a system of records, he shall submit a written request to the Executive 
Secretary. The Executive Secretary or his designee shall, within ten 
working days after its receipt, acknowledge the request and if possible 
decide if it should be granted. In any event, a decision shall be 
reached promptly and notification thereof provided to the individual 
seeking access. If the request is denied, the individual shall be 
informed of the reasons therefor and his right to seek judicial review.
  (c) In cases where an individual has been granted access to his 
records, the Executive Secretary may, prior to releasing such records, 
require the submission of a signed notarized statement verifying the 
identity of the individual to assure that such records are disclosed to 
the proper person. No verification of identity will be required when 
such records are available under the Freedom of Information Act, 5 
U.S.C. 552, as amended.

   Sec. 304.23  Request for amendment or correction of a record.

  (a) An individual may file a request with the Executive Secretary for 
amendment or correction of a record pertaining to himself in a system of 
records. Such written request shall state the nature of the information 
in the record the individual believes to be inaccurate or incomplete, 
the amendment or correction desired and the reasons therefor. The 
individual should supply whatever information or documentation he can in 
support of his request for amendment or correction of a record.
  (b) The Executive Secretary or his designee shall, within ten working 
days after its receipt, acknowledge a request for amendment or 
correction of a record. A decision shall be reached promptly and 
notification thereof provided to the individual seeking to amend or 
correct a record. The Executive Secretary may request such additional 
information or documentation as he may deem necessary to arrive at a 
decision upon the request. If the request is granted, the record as 
amended shall be called to the attention of all prior recipients of the 
individual's record.
  (c) If the request is denied, the individual shall be informed of the 
reasons therefor and his right to appeal the denial in writing to the 
Chairman of the Conference. The Chairman shall render a decision on an 
appeal within thirty working days following the date on which the appeal 
is received. The individual shall be notified promptly of the Chairman's 
decision and, if the appeal is denied, the reasons therefor and the 
individual's right to seek judicial review and his right to file a 
concise statement of disagreement, which statement shall be noted in the 
records to which it pertains and supplied to all prior and subsequent 
recipients of the disputed record. If an appeal is granted, the record 
as amended shall be called to the attention of all prior recipients of 
the individual's record.
  (d) Requests for amendment or correction of a record must be 
accompanied by a signed notarized statement verifying the identity of 
the requesting party.

   Sec. 304.24  Disclosure of a record to a person other than the 
   individual to whom it pertains.

  Except in accordance with 5 U.S.C. 552a(b), or as required by the 
Freedom of Information Act, 5 U.S.C. 552, as amended, or other 
applicable statute, the Conference shall not disclose a record to any 
individual other than the individual to whom the record pertains without 
the written consent of such individual. An accounting of the date, 
nature, and purpose of each disclosure of a record as well as the name 
and address of the person or agency to whom the disclosure was made will 
be maintained. This accounting will be made available to the individual 
to whom the record pertains upon the submission of a written, notarized 
request to the Executive Secretary.

   Sec. 304.25  Schedule of fees.

  Copies of records supplied to any individual at his request shall be 
provided for $.10 per copy per page. Copying fees of less than $2 per 
request are waived.