[Privacy Act Issuances (2003)]
[From the U.S. Government Publishing Office, www.gpo.gov]
INTER-AMERICAN FOUNDATION
TABLE OF CONTENTS
IAF-1 Conflict of Interest Files
IAF-2 Foundation Fellowship Application Files
IAF-3 Informal Personnel Files
IAF-4 Informal Personnel Files
IAF-5 Personnel Investigation Records
IAF-6 Payroll/Travel Accounting Records
IAF-7 Inter-American Foundation--General Financial Records
IAF-8 Personnel Budget Records
IAF-9 Accounts Payable
IAF-10 Contract Files
IAF-11 Automated Data Processing Management
IAF-12 Security Card Accounting Records
IAF-13 Credit Card Accountability Records
IAF-1
System name:
Conflict of Interest Files--IAF.
System location:
Inter-American Foundation, 901 N. Stuart Street, Arlington, VA
22203.
Categories of individuals covered by the system:
Employees of Foundation at GS-13 level and above, Foundation
Representatives, contracting personnel, employees with regular
contacts with contractors.
Categories of records in the system:
Title; Date of Appointment; grade, home address; Employment and
financial interests, position in organization, nature of financial
interest; names and addresses of creditors, character of
indebtedness; interests in real property, nature of interest, type of
property and address, name, address, and nature of subject matter of
other persons supplying information.
Authority for maintenance of the system:
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 ``in house.'' Notwithstanding the above,
access may also be gained under the following conditions:
(a) 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 statutes, or
rule, regulation or order issued pursuant thereto.
(b) A record from the 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.
(c) A record from this system of records may be disclosed to a
federal agency, in response to this 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
benefits by the requesting agency, to the extent that the information
is relevant and necessary to the requesting agency's decision on the
matter.
Policies and practices for storing, retrieving, accessing,
retaining, and disposing of records in the system:
Storage:
Paper Files.
Retrievability:
Manual. Identifier--Name.
Safeguards:
Filed in locked, steel cabinets; records available to authorized
persons only.
Retention and disposal:
Destroyed six years after employee departure.
System manager(s) and address:
General Counsel, Inter-American Foundation, 901 N. Stuart Street,
Arlington, VA 22203.
Notification procedure:
Contact the General Counsel. Inter-American Foundation, 901 N.
Stuart Street, Arlington, VA 22203.
Record access procedures:
IAF access procedures are contained in Rules Safeguarding
Personal Information in IAF Records.
Contesting records procedures:
Contesting Record Procedures are contained in Rules Safeguarding
Personal Information in IAF Records.
Record source categories:
Individual himself and people named by individual to supply
information.
IAF-2
System name:
Foundation Fellowship Application Files--IAF.
System location:
Inter-American Foundation, 901 N. Stuart Street, Arlington, VA
22203.
Categories of individuals covered by the system:
Candidates who submitted applications in a fellowship competition
for fellowship awards.
Categories of records in the system:
The application file contains such general personal information
as home and work addresses and phone numbers, citizenship, date and
place of birth, age, name and citizenship of spouse, social security
number, number and ages of children, educational history, employment
history, career information, travel experience, language capability,
honors and publications, personal statement, letters of
recommendation, grade transcripts, research/study prospectus,
comments by Foundation staff and contracted evaluators. In addition,
other general competition files provide scores by contracted
evaluators of the individual candidate's application for fellowship
award recommendations.
Authority for maintenance of the system:
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 by contracted specialists for evaluating
applications and Foundation staff for managing the fellowship
competition. Notwithstanding the above, access may also be gained to
these records under the following conditions:
(a) 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.
(b) A record from the 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.
(c) 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
benefits by the requesting agency, to the extent that the information
is relevant and necessary to the requesting agency's decision on the
matter.
Policies and practices for storing, retrieving, accessing,
retaining, and disposing of records in the system:
Storage:
Paper Files.
Retrievability:
Manual. Identifier--Name and Program.
Safeguards:
Filed in locked, steel cabinets; records available to authorized
persons only.
Retention and disposal:
Disposed of in accordance with the General Records Schedule
issued by the Archivist of the United States.
System manager(s) and address:
Fellowship Assistant. Inter-American Foundation, 901 N. Stuart
Street, Arlington, VA 22203.
Notification procedure:
Contact individual listed above, or Vice President, Learning and
Dissemination. Inter-American Foundation, 901 N. Stuart Street,
Arlington, VA 22203.
Record access procedures:
IAF access procedures are contained in Rules Safeguarding
Personal Information in IAF Records.
Contesting records procedures:
Contesting record procedures are contained in Rules Safeguarding
Personal Information.
Record source categories:
Individual her/himself; educational institutions attended;
letters of recommendation by people identified by individual;
Foundation staff; contracted evaluators.
IAF-3
System name:
Foundation Fellowship Grant Files--IAF.
System location:
Inter-American Foundation, 901 N. Stuart Street, Arlington, VA
22203.
Categories of individuals covered by the system:
Successful Candidates (``Fellows'') who submitted applications
and received fellowship grants.
Categories of records in the system:
In addition to all information from the individual's application
file, the grant file contains such documents as the grant agreement
and amendments, financial and disbursement records, correspondence,
grade transcripts, programmatic and financial reports, research
reports, staff memoranda, and comments by contracted evaluators.
Authority for maintenance of the system:
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 by contracted specialists for evaluating
grant progress and Foundation staff for managing the individual's
grant. Notwithstanding the above, access may also be gained to these
records under the following conditions:
(a) 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 statutes, or
rule, regulation or order issued pursuant thereto.
(b) A record from the 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.
(c) A record from this system of records may be disclosed to a
federal agency, in response to this 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
benefits by the requesting agency, to the extent that the information
is relevant and necessary to the requesting agency's decision on the
matter.
Policies and practices for storing, retrieving, accessing,
retaining, and disposing of records in the system:
Storage:
Paper files.
Retrievability:
Manual. Identifier--Name, Grant Number, and Program.
Safeguards:
Filed in locked, steel cabinets; records available to authorized
persons only.
Retention and disposal:
Disposed of in accordance with the General Records Schedule
issued by the Archivist of the United States.
System manager(s) and address:
Fellowship Assistant. Inter-American Foundation, 901 N. Stuart
Street, Arlington, VA 22203.
Notification procedure:
Contact individual listed above, or Vice President, Learning and
Dissemination. Inter-American Foundation, 901 N. Stuart Street,
Arlington, VA 22203.
Record access procedures:
IAF access procedures are contained in Rules Safeguarding
Personal Information in IAF Records.
Contesting record procedures:
Contesting record procedures are contained in Rules Safeguarding
Personal Information.
Record source categories:
Fellow her/himself; educational institutions attended; Foundation
staff; contracted evaluators.
IAF-4
System name:
Informal Personnel Files--IAF.
System location:
Inter-American Foundation, 901 N. Stuart Street, 10th Floor,
Arlington, VA 22203.
Categories of individuals covered by the system:
Applicants for Employment and Employees.
Categories of records in the system:
General personnel information including position descriptions,
training records, request for notification of personnel action,
notification of personnel action, performance plans on appraisals,
time and attendance records, occupation, pay plan, service
computation dates, date of birth, grade and salary, social security
number, home telephone number, resume, letters of recommendation,
background investigation data for critical/sensitive, non-critical
sensitive and security clearances, recommendation for performance
recognition, employment staffing reports, handicap and race and
national origin informal reports, informal notices of injury or
occupational disease, records of requests for unemployment
compensation payments.
Authority for maintenance of the system:
44 U.S.C. 3101.
Routine uses of records maintained in the system, including
categories of users and the purpose of such uses:
Information is used ``in house'' (non-routine uses) for personnel
evaluation and management. Notwithstanding the above, access may also
be gained to these records under the following conditions:
(a) 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 statutes, or
rule, regulation or order issued pursuant thereto.
(b) A record from the 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.
(c) A record from this syetem of records may be disclosed to a
federal agency, in response to this 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
benefits by the requesting agency, to the extent that the information
is relevant and necessary to the requesting agency's decision on the
matter.
Policies and practices for storing, retrieving, accessing,
retaining, and disposing of records in the system:
Storage:
Paper files.
Retrievability:
Manual. Identifier--Name.
Safeguards:
Filed in locked, steel cabinets; records available to authorized
persons only.
Retention and disposal:
Destroyed after three years of inactivity. (Being negotiated.)
System manager(s) and address:
Personnel Officer, Inter-American Foundation, 901 N. Stuart
Street, 10th Floor, Arlington, VA 22203.
Notification procedure:
Contact individual listed above or Executive Vice President for
Operations. Inter-American Foundation, 901 N. Stuart Street,
Arlington, VA 22203.
Record access procedures:
IAF access procedures are contained in Rules Safeguarding
Personal Information in IAF Records.
Contesting record procedures:
Contesting record procedures are contained in Rules Safeguarding
Personal Information.
Record source categories:
Individual himself; educational institutions; previous employers;
letters of recommendations named by individual himself.
IAF-5
System name:
Personnel Investigation Records.
System location:
Personnel Security, Office of Personnel Management, Inter-
American Foundation, 901 N. Stuart Street, 10th Floor, Arlington, VA
22203.
Categories of individuals covered by the system:
a. Current and former employees or applicants for employment in
the agency.
b. Individuals considered for access to classified information or
restricted areas and/or security determinations as contractors,
experts, and/or background, and consultants to agency programs.
Categories of records in the system:
Investigative files and/or background files which pertain to
clearance investigations for Federal employment. These records
contain investigative information regarding an individual's
character, conduct, and behavior in the community where he or she
lives or lived; arrests and convictions for violations against the
law; reports of interviews with present and former supervisors,
coworkers, associates, educators, etc.; reports about the
qualifications of an individual for a specific position; files
relating to adjudication matters; reports of inquiries with law
enforcement agencies, employers, educational institutions attended,
creditors; reports of action after OPM or FBI section 8(d) Full Field
Investigation; Notices of Security Investigation; and other
information developed from the above.
Authority for maintenance of the system:
Executive Order 10450.
Routine uses of records maintained in the system, including
categories of users and the purposes of such uses:
These records and information in these records may be used in
disclosing information:
a. To designated officers and employees of agencies, offices, and
other establishments in the executive, legislative, and judicial
branches of the Federal Government, and the District of Columbia
Government, when such agency, office, or establishment conducts an
investigation of the individual for the purpose of granting a
security clearance, or for the purpose of making a determination of
qualifications, suitability, or loyalty to the United States
Government, or access to classified information or restricted areas.
b. To designated officers and employees of agencies, offices, and
other establishments in the executive, legislative, and judicial
branches of the Federal Government, and the District of Columbia
Government, having the responsibility to grant clearances to make a
determination regarding access to classified information or
restricted areas, or to evaluate qualifications, suitability, or
loyalty to the United States Government, in connection with
performance of a service to the Federal Government under a contract
or other agreement.
c. To the intelligence agencies of the Department of Defense, the
National Security Agency, the Central Intelligence Agency, and the
Federal Bureau of Investigation for use in intelligence activities.
d. To any source from which information is requested in the
course of an investigation, to the extent necessary to identify the
individual, inform the source of the nature and purpose of the
investigation, and to identify the type of information requested.
e. To Federal agencies as a data source for management
information through the production of summary descriptive statistics
and analytical studies in support of the functions for which the
records are maintained or for related studies.
f. To disclose information to officials of the Merit Systems
Protection Board, including the Office of the Special Counsel, when
requested in connection with appeals, special studies of the civil
service and other merit systems, review of office rules and
regulations, investigations of alleged or possible prohibited
personnel practices, and such other functions, e.g., as promulgated
in 5 U.S.C. 1205 and 1206, or as may be authorized by law.
g. To disclose information to the Equal Employment Opportunity
Commission when requested in connection with investigations into
alleged or possible discrimination practices in the Federal sector,
examination of Federal affirmative employment programs, compliance by
Federal agencies with the Uniform Guidelines on Employee Selection
Procedures, or other functions vested in the Commission by the
President's Reorganization Plan No. 1 of 1978.
h. To disclose information to the Federal Labor Relations
Authority or its General Counsel when requested in connection with
investigations of allegations of unfair labor practices or matters
before the Federal Service Impasses Panel.
Policies and practices for storing, retrieving accessing retaining,
and disposing of records in the system:
Storage:
Records are maintained in file folders.
Retrievability:
Records are received by the name of the individual on whom they
are maintained.
Safeguards:
Folders are maintained in a steel file cabinet. The key to the
steel cabinet is locked in other secured file cabinets that are
rarely opened. All employees are required to have an appropriate
background investigation before they are allowed access to the
records.
Retention and disposal:
a. Log books which show the scheduling or completion of an
investigation, and investigative files, if any, are retained for two
years, plus the current year from the date of the most recent
investigative activity. Other information which show no investigative
record other than the completion of a clear National Agency Check or
a clear National Agency Check and Inquiry, and where no investigative
file folder exists, are retained for two years plus the current year.
b. Reports of action after OPM or FBI section 8(d) background
investigation are retained for the life of the investigative file.
c. Notices of Security Investigations are retained for 20 years.
All records are destroyed by shredding.
System manager(s) and address:
Director, Office of Personnel, Inter-American Foundation, 901 N.
Stuart Street, Arlington, VA 22203.
Notification procedure:
Individuals wishing to inquire whether this system contains
information about them should contact the system manager in writing.
Individuals must furnish the following information for their records
to be located and identified:
a. Full name
b. Date of birth
c. Social Security Number
d. Signature
e. Any available information regarding the type of record
involved
f. The category of covered individuals under which the requester
believes he or she fits.
Record access procedures:
Specific materials in this system have been exempted from Privacy
Act provisions at 5 U.S.C. 552a(c)(3) and (d), regarding access to
records. The section of this notice titled Systems exempted from
certain provision of the Act, which appears below, indicates the
kinds of material exempted and the reasons for exempting them from
access. Individuals wishing to request access to their records should
contact the U.S. Office of Personnel Management, FIPC, Boyers, PA
16018-0618 in writing. Individuals must furnish the following
information for their records to be located and identified:
a. Full name
b. Date of birth
c. Social Security Number
d. Signature
e. Any available information regarding the type of record
involved
f. The category of covered individuals under which the requester
believes he or she fits.
Contesting record procedures:
Specific materials in this system have been exempted from Privacy
Act provisions at 5 U.S.C. 552a(d), regarding amendment to records.
The section of this notice titled Systems exempted from certain
provisions of the Act, which appears below, indicates the kinds of
material exempted and the reasons for exempting them from amendment.
Individuals wishing to request amendment to their non-exempt records
should contact the system manager in writing. Individuals must
furnish the following information for their records to be located and
identified:
a. Full name
b. Date of birth
c. Social Security Number
d. Signature
e. Any available information regarding the type of record
involved
f. The category of covered individuals under which the requester
believes he or she fits
Record source categories:
Information contained in the system was obtained from the
following categories of sources:
a. Applications and other personnel and security forms furnished
by the individual
b. Investigative and other record material furnished by Federal
agencies
c. Notices of personnel actions furnished by Federal agencies
d. By personal investigation or written inquiry from sources such
as employers, educational institutions, references, neighbors,
associates, police departments, courts, credit bureaus, medical
records, probation officials, prison officials, newspapers,
magazines, periodicals, and other publications.
Systems exempted from certain provisions of the act:
This system may contain the following types of information:
a. Properly classified information, obtained from another Federal
agency during the course of a personnel investigation, which pertains
to national defense and foreign policy. The Privacy Act, at 5 U.S.C.
552a(k)(1), permits an agency to exempt such materials from certain
provisions of the Act.
b. Investigatory material compiled for law enforcement purposes
in connection with the administration of the merit system. The
Privacy Act, at 5 U.S.C. 552a(k)(2), permits an agency to exempt such
material from certain provisions of the Act. Application of exemption
(k)(2) may be necessary to preclude the data subject's access to and
amendment of the record.
c. Investigatory material compiled solely for the purpose of
determining suitability, eligibility, or qualifications for Federal
civilian employment. The Privacy Act, at 5 U.S.C. 552a(k)(5), permits
an agency to exempt such material from certain provisions of the Act.
Materials may be exempted to the extent that release of the material
to the individual whom the information is about would:
1. Reveal the identify of a source who furnished information to
the Government under an express promise (granted on or after
September 27, 1975) that the identify of the source would be in
confidence; or
2. Reveal the identify of a source who, prior to September 27,
1975, furnished information to the Government under an implied
promise that the identity of the source would be held in confidence.
IAF-6
System name:
Payroll/Travel Accounting Records.
System location:
Inter-American Foundation, 901 N. Stuart Street, Arlington, VA
22203.
Categories of individuals covered by the system:
Individual Payroll/Travel information.
Categories of records in the system:
Individual employee pay records and official travel obligation/
travel voucher records.
Authority for maintenance of the system:
44 U.S.C. 3101.
Routine uses of records maintained in the system, including
categories of users and the purposes of such uses:
Payroll records used for entry into IAF accounting system; travel
documents used for expenditure of funds for travel advances, tickets,
travel reimbursements. Notwithstanding the above, access may also be
gained to these records under the following conditions:
(a) 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.
(b) A record from the 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.
(c) 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 on the
matter.
Policies, and practices for storing, retrieving, accessing,
retaining, and disposing of records in the system:
Storage:
Paper files.
Retrievability:
Manual. Identifier: Name.
Safeguards:
Records secured in locked files and made available only to
authorized persons.
Retention and disposal:
Disposed of in accordance with the General Records Schedule
issued by the Archivist of the United States.
System manager(s) and address:
Chief Accountant, Inter-American Foundation, 901 N. Stuart St.,
Arlington, VA 22203.
Notification procedure:
Contact individual listed above, or Vice President,
Administration and Finance, Inter-American Foundation, 901 N. Stuart
St., Arlington, VA 22203.
Record access procedures:
IAF access procedures are contained in Rules Safeguarding
Personal Information in IAF records.
Contesting record procedures:
Contesting records procedures are contained in Rules Safeguarding
Personal Information in IAF Records.
Record source categories:
Individual him/her self.
IAF-7
System name:
Inter-American Foundation--General Financial Records.
System location:
Department of Energy (DOE), Germantown, Md Office; copies held by
the Inter-American Foundation. (DOE holds records for the Foundation
under Inter-Agency Agreement.)
Categories of individuals covered by the system:
Past and present IAF employees.
Categories of records in the system:
Varied payroll records, including, among other documents, time
and attendance sheets; 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 IAF and DOE employees to maintain adequate
payroll information for IAF employees and otherwise by the IAF and
DOE employees for IAF employees who have a need for the records in
the performance of their duties.
Authority for maintenance of the system:
31 U.S.C. generally and Pub. L. 91-175.
Routine uses of records maintained in the system, including
categories of users and the purposes of uses:
Records are released to GAO for audits, to the Internal Revenue
Service for investigation, and to private attorneys, pursuant to a
power of attorney. Notwithstanding the above, access may also be
gained to these records under the following conditions:
(a) 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.
(b) 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.
(c) 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 contact, or the issuance of a license, grantor 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.
(d) 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.
(e) A record from this system of records may be disclosed to
officers and employees of a federal agency for purposes of audit.
Policies and practices for storing, retrieving, accessing,
retaining, and disposing of records in the systems:
Storage:
Paper and microfilm.
Retrievability:
Manual. Identifier--Social Security Number.
Safeguards:
Stored in guarded building; released only to authorized
personnel.
Retention and disposal:
Disposition of records shall be in accordance with HB GSA Records
Maintenance and Disposition System (OAD P 1820.2).
System manager(s) and address:
Personnel Office, Office of Personnel, Vice President for
Operations, Inter-American Foundation, 901 N. Stuart Street, 10th
Floor, Arlington, VA 22203.
Notification procedure:
Contact individual listed above, or Vice President for
Operations. Inter-American Foundation, 901 N. Stuart Street, 10th
Floor, Arlington, VA 22203.
Record access procedures:
IAF access procedures are contained in 22 CFR part 1003.
Contesting records procedures:
Contesting record procedures are contained in 22 CFR part 1003.
Record source categories:
The subject individual; the Inter-American Foundation.
IAF-8
System name:
Personnel Budget Records.
System location:
Inter-American Foundation, 901 N. Stuart St., Arlington, VA
22203, Budget Office, Office of Administration and Finance.
Categories of individuals covered by the system:
Inter-American Foundation employees.
Categories of records in the system:
Individual employee current and projected salaries.
Authority for maintenance of the system:
44 U.S.C. 3101.
Routine uses of records maintained in the system, including
categories of users and the purposes of such uses:
Budget preparation, tracking, and reporting. Notwithstanding the
above, access may also be gained to these records under the following
conditions:
(a) 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 statutes, or
rule, regulation or order issued pursuant thereto.
(b) A record from the 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.
(c) A record from this system of records may be disclosed to a
federal agency, in response to this 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
benefits by the requesting agency, to the extent that the information
is relevant and necessary to the requesting agency's decision on the
matter.
Policies and practices for storing, retrieving, accessing,
retaining, and disposing of records in the systems:
Storage:
Paper and electronic files.
Retrievability:
Manual. Identifier: Name.
Safeguards:
Records secured in locked files and made available only to
authorized persons.
Retention and disposal:
Disposed of in accordance with the General Records Schedule
issued by the Archivist of the United States.
System manager(s) and address:
Budget Officer, Inter-American Foundation, 901 N. Stuart St.,
Arlington, VA 22203.
Notification procedure:
Contact individual listed above, or Vice President,
Administration and Finance, Inter-American Foundation, 901 N. Stuart
St., Arlington, VA 22203.
Record access procedures:
IAF access procedures are contained in Rules Safeguarding
Personal Information in IAF records.
Contesting record procedures:
Contesting records procedures are contained in Rules Safeguarding
Personal Information in IAF Records.
Record source categories:
Individual him/her self.
IAF-9
System name:
Accounts Payable.
System location:
Inter-American Foundation, 901 N. Stuart St., Arlington, VA
22203., Office of Administration and Finance, Accounting Office.
Categories of individuals covered by the system:
Individuals, both employees and others who are paid or due to be
paid from Foundation's appropriations.
Categories of records in the system:
Records pertaining to payments for travel, miscellaneous
expenses, contractual services.
Authority for maintenance of the system:
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 for entry into IAF'S accounting system.
Notwithstanding the above, access may also be gained to these records
under the following conditions:
(a) 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 statutes, or
rule, regulation or order issued pursuant thereto.
(b) A record from the 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.
(c) A record from this system of records may be disclosed to a
federal agency, in response to this 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
benefits by the requesting agency, to the extent that the information
is relevant and necessary to the requesting agency's decision on the
matter.
Policies and practices for storing, retrieving, accessing
retaining, and disposing of records in the system:
Storage:
Paper files.
Retrievability:
Manual. Identifier: Name.
Safeguards:
Records available to authorized persons only.
Retention and disposal:
Disposed of in accordance with the General Records Schedule
issued by the Archivist of the United States.
System manager(s) and address:
Chief Accountant, Office of Administration and Finance, Inter-
American Foundation, 901 N. Stuart St., Arlington, VA 22203.
Notification procedure:
Contact individual listed above at Inter-American Foundation,
Office of Administration and Finance, 901 N. Stuart St., Arlington,
VA 22203.
Record access procedures:
IAF access procedures are contained in Rules Safeguarding
Personal Information in IAF records.
Contesting record procedures:
Contesting records procedures are contained in Rules Safeguarding
Personal Information in IAF records.
Record source categories:
Individual him/her self.
IAF-10
System name:
Contract files--IAF.
System location:
Inter-American Foundation, 901 N. Stuart St., Arlington, VA
22203.
Categories of individuals covered by the system:
Individuals entering into contractual relationships with the IAF.
Categories of records in the system:
Contracts, Purchase Orders, bids, solicitations, and other
records relating to the operations of the contract office.
Authority for maintenance of the system:
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 ``in house'' for management of contract
activities. Notwithstanding the above, access may also be gained to
these records under the following conditions:
(a) 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 statutes, or
rule, regulation or order issued pursuant thereto.
(b) A record from the 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.
(c) A record from this system of records may be disclosed to a
federal agency, in response to this 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
benefits by the requesting agency, to the extent that the information
is relevant and necessary to the requesting agency's decision on the
matter.
Policies and practices for storing, retrieving, accessing,
retaining, and disposing, of records in the system:
Storage:
Paper files.
Retrievability:
Manual. Identifier: Name.
Safeguards:
Records available to authorized persons only.
Retention and disposal:
Contracts under $25,000 destroyed three years after final
payment. Contracts exceeding $25,000 destroyed six years after final
payment.
System manager(s) and address:
Contracting Officer, Inter-American Foundation, 901 N. Stuart
St., Arlington, VA 22203.
Notification procedure:
Contact individual listed above, or Vice President,
Administration and Finance, Inter-American Foundation, 901 N. Stuart
St., Arlington, VA 22203.
Record access procedures:
IAF access procedures are contained in Rules Safeguarding
Personal Information in IAF records.
Contesting record procedures:
Contesting records procedures are contained in Rules Safeguarding
Personal Information in IAF records.
Record source categories:
Individual him/her self.
IAF-11
System name:
Automated Data Processing Management.
System location:
Inter-American Foundation, 901 N. Stuart St., Arlington, VA
22203, Office of Administration and Finance, ADP Unit.
Categories of individuals covered by the system:
IAF employees and on-site contractors.
Categories of records in the system:
Records pertaining to access to the IAF's computer system.
Authority for maintenance of the system:
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 by ADP administrator for control of IAF
employees and on-site contractors to access IAF's computer system.
Notwithstanding the above, access may also be gained to these records
under the following conditions:
(a) 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 statutes, or
rule, regulation or order issued pursuant thereto.
(b) A record from the 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.
(c) A record from this system of records may be disclosed to a
federal agency, in response to this 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
benefits by the requesting agency, to the extent that the information
is relevant and necessary to the requesting agency's decision on the
matter.
Policies and practices for storing, retrieving, accessing,
retaining, and disposing of records in the system:
Storage:
Electronic/Paper Files.
Retrievability:
Electronic. Identifier: Name/Office group.
Safeguards:
Access authorized only to ADP Administrator.
Retention and disposal:
Disposed of when individual leaves the agency.
System manager(s) and address:
Automated Data Processing Administrator, Office of Administration
and Finance, Inter-American Foundation, 901 N. Stuart St., Arlington,
VA 22203.
Notification procedure:
Contact individual listed above at Inter-American Foundation,
Office of Administration and Finance, 901 N. Stuart St., Arlington,
VA 22203.
Record access procedures:
IAF access procedures are contained in Rules Safeguarding
Personal Information in IAF records.
Contesting record procedures:
Contesting records procedures are contained in Rules Safeguarding
Personal Information in IAF records.
Record source categories:
Individual him/her self.
IAF-12
System name:
Security Card Accountability Records.
System location:
Inter-American Foundation, 901 N. Stuart St., Arlington, VA
22203.
Categories of individuals covered by the system:
Individuals issued security cards for after hours entry into
office space.
Categories of records in the system:
Lists of those employees issued security cards for after hours
entry into office space.
Authority for maintenance of the system:
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 ``in house'' for management of security
activities. Notwithstanding the above, access may also be gained to
these records under the following conditions:
(a) 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 statutes, or
rule, regulation or order issued pursuant thereto.
(b) A record from the 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.
(c) A record from this system of records may be disclosed to a
federal agency, in response to this 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
benefits by the requesting agency, to the extent that the information
is relevant and necessary to the requesting agency's decision on the
matter.
Policies and practices for storing, retrieving, accessing,
retaining, and disposing of records in the system:
Storage:
Paper files.
Retrievability:
Manual. Identifier: Name.
Safeguards:
Records available to authorized persons only.
Retention and disposal:
Disposed of upon the departure of the employee from the agency.
System manager(s) and address:
General Services Officer, Inter-American Foundation, 901 N.
Stuart St., Arlington, VA 22203.
Notification procedure:
Contact individual listed above, or Vice President,
Administration and Finance, Inter-American Foundation, 901 N. Stuart
St., Arlington, VA 22203.
Record access procedures:
IAF access procedures are contained in Rules Safeguarding
Personal Information in IAF records.
Contesting record procedures:
Contesting records procedures are contained in Rules Safeguarding
Personal Information in IAF Records.
Record source categories:
Individual him/her self.
IAF-13
System name:
Credit Card Accountability Records.
System location:
Inter-American Foundation, 901 N. Stuart St., Arlington, VA
22203.
Categories of individuals covered by the system:
Individuals issued Diners Club and Telephone Calling Cards.
Categories of records in the system:
Lists of those employees issued Diners Club and Telephone Calling
Cards for use in connection with official travel.
Authority for maintenance of the system:
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 ``in house'' for management of travel
activities. Notwithstanding the above, access may also be gained to
these records under the following conditions:
(a) 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 statutes, or
rule, regulation or order issued pursuant thereto.
(b) A record from the 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.
(c) A record from this system of records may be disclosed to a
federal agency, in response to this 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
benefits by the requesting agency, to the extent that the information
is relevant and necessary to the requesting agency's decision on the
matter.
Policies and practices for storing, retrieving, accessing, and
retaining of records in the system:
Storage:
Paper files.
Retrievability:
Manual. Identifier: Name.
Safeguards:
Records available to authorized persons only.
Retention and disposal:
Disposed of upon the departure of the employee from the agency.
System manager(s) and address:
General Services Officer, Inter-American Foundation, 901 N.
Stuart St., Arlington, VA 22203.
Notification procedure:
Contact individual listed above, or Vice President,
Administration and Finance, Inter-American Foundation, 901 N. Stuart
St., Arlington, VA 22203.
Record access procedures:
IAF access procedures are contained in Rules Safeguarding
Personal Information in IAF records.
Contesting record procedures:
Contesting records procedures are contained in Rules Safeguarding
Personal Information in IAF records.
Record source categories:
Individual him/her self.
INTER-AMERICAN FOUNDATION
Title 22-Foreign Relations
Chapter X-Inter-American Foundation
PART 1003--RULES SAFEGUARDING PERSONAL INFORMATION IN IAF RECORDS
Sec.
1003.1 General policies, conditions of disclosure, accounting of
certain disclosures, and definitions.
1003.2 Definitions.
1003.3 Access to records.
1003.4 Inter-American Foundation system of records requirements.
1003.5 Access to personal information from Inter-American Foundation
records.
1003.6 Administrative review.
1003.7 Judicial review.
1003.8 Exemptions.
1003.9 Mailing.
1003.10 Reports.
Authority: 5 U.S.C. 552a.
Source: 41 FR 19211, May 11, 1976, unless otherwise noted.
Sec. 1003.1 General policies, conditions of disclosure, accounting
of certain disclosures, and definitions.
(a) The Inter-American Foundation will safeguard an individual against
an invasion of personal privacy. Except as otherwise provided by law or
regulations it officials and employees will:
(1) Permit an individual to determine what records pertaining to him
or her will be collected, maintained, used, or disseminated by the
Inter-American Foundation.
(2) Permit an individual to prevent records pertaining to him or her,
obtained by the Inter-American Foundation for a particular purpose, from
being used or made available for another purpose without his or her
consent.
(3) Permit an individual to gain access to information pertaining to
him or her in the Inter-American Foundation records, to have a copy made
of all or any portion thereof, and to correct or amend such records.
(4) Collect, maintain, use or disseminate any record of identifiable
personal information in a manner that assures that such action is for a
necessary and lawful purpose, that the information is correct and
accurate for its intended use, and that adequate safeguards are provided
to prevent misuse of such information.
(5) Permit exemptions from records requirements provided in 5 U.S.C.
552a only where an important public policy need for such exemption has
been determined pursuant to specific statutory authority.
(b) The Inter-American Foundation will not disclose any record
contained in a system of records by any means of communication to any
person or any other agency except by written request of or prior written
consent of the individual to whom the record pertains unless such
disclosure is:
(1) To those officers and employees of the agency which maintains the
record and who have a need for the record in the performance of their
duties;
(2) Required under 5 U.S.C. 552;
(3) For a routine use of the record compatible with the purpose for
which it was collected;
(4) To the Bureau of the Census for purposes of planning or carrying
out a census or survey or related activity pursuant to Title 13, United
States Code;
(5) To a recipient who has provided the Inter-American Foundation 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 U.S. Government, or for evaluation by the
Administrator of General Services or 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 authority
by law, and if the head of the agency or instrumentality has made a
written request to the Inter-American foundation 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 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.
(c) With respect to each system of records (i.e., a group of records
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) under Inter-American foundation control the
Inter-American Foundation will (except for disclosures made under
paragraph (b)(1) or (2) of this section) keep an accurate accounting as
follows:
(1) For each disclosure of a record to any person or to another agency
made under paragraph (b) of this section, maintain information
consisting of the date, nature, and purpose of each disclosure, and the
name and address of the person or agency to whom the disclosure is made;
(2) Retain the accounting made under paragraph (c)(1) of this section
for at least 5 years or the life of the record, whichever is longer,
after the disclosures for which the accounting is made;
(3) Except for disclosures made under paragraph (b)(7) of this
section, make the accounting under paragraph (c)(1) of this section
available to the individual named in the record at his or her request;
and
(4) Inform any person or other agency about any correction or notation
of dispute made by the agency of any record that has been disclosed to
the person or agency if an accounting of the disclosure was made.
(d) The parent of any minor, or the legal guardian of any individual
who has been declared incompetent due to physical or mental incapacity
or age by a court of competent jurisdiction, may act on behalf of the
individual.
(e) Section 552a(e), Title 5, United States Code, provided that:
(1) Any officer or employee of the Inter-American Foundation, who by
virtue of his or her employment or official position, has possession of,
or access to, Inter-American Foundation records which contain
individually identifiable information the disclosure of which is
prohibited by 5 U.S.C. 552a and who 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, shall be
guilty of a misdemeanor and fined not more than 5,000 dollars.
(2) Any officer or employee of the Inter-American Foundation who
willfully maintains a system of records without meeting the notice
requirements of 5 U.S.C. 552a(e)(4) shall be guilty of a misdemeanor and
fined not more than 5,000 dollars.
(3) Any person who knowingly and willfully requests or obtains any
record concerning an individual from the Inter-American Foundation under
false pretenses shall be guilty of a misdemeanor and fined not more than
5,000 dollars.
Sec. 1003.2 Definitions.
The following definitions apply:
(a) The term ``agency'' includes any executive department, military
department, Government corporation, Government controlled corporation,
or other establishment in the executive branch of the government
(including the Executive Office of the President), or any independent
regulatory agency.
(b) The term ``individual`` means a citizen of the United states or an
alien lawfully admitted for permanent residence.
(c) The term ``maintain'' includes maintain, collect, use, or
disseminate.
(d) 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 or her educational, 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.
(e) The term ``system of records'' means a group of any records under
the control of any 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.
(f) 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.
(g) The term ``routine use'' means, with respect to the disclosure or
a record, the use of such record for a purpose which is compatible with
the purpose for which it was collected.
Sec. 1003.3 Access to records.
(a) Except as otherwise provided by law or regulation any individual
upon request may gain access to his or her record or to any information
pertaining to him or her which is contained in any system or records
maintained by the Inter-American Foundation. The individual will be
permitted, and upon his or her request, a person of his or her own
choosing permitted to accompany him or her, to review the record and
have a copy made of all or any portion thereof in a form comprehensible
to him or her. The Inter-American foundation will require, however, a
written statement from the individual authorizing discussion of that
individual's record in the accompanying person's presence.
(b) Any individual may request amendment of any Inter-American
Foundation record pertaining to him or her. Not later than 10 days
(excluding Saturdays, Sundays, and legal public holidays) after the date
of receipt of such request, the Inter-American Foundation will
acknowledge in writing such receipt. The Inter-American Foundation will
also promptly either:
(1) Correct any part thereof which the individual believes is not
accurate, relevant, timely, or complete; or
(2) Inform the individual of the Inter-American Foundation's refusal
to amend the record in accordance with his or her request, the reason
for the refusal, the procedures by which the individual may request a
review of that refusal by the Administrator or designee, and the name
and address of such official.
(c) Any individual who disagrees with the Inter-American Foundation's
refusal to amend his or her record may request a review of such refusal.
The Inter-American Foundation will complete such review not later than
30 days (excluding Saturdays, Sundays, and legal public holidays) from
the date on which the individual requests such review and make a final
determination unless, for good cause shown, the Administrator extends
such 30-day period. If, after review, the Administrator or designee also
refuses to amend the record in accordance with the request the
individual will be advised of the right to file with the Inter-American
Foundation a concise statement setting forth the reasons for his or her
disagreement with the Inter-American Foundation's refusal, and also
advised of the provisions for judicial review of the reviewing
official's determination (5 U.S.C. 552a(g)(1)(A)).
(d) In any disclosure, containing information about which the
individual has filed a statement of disagreement, occurring after the
filing of the statement under paragraph (c) of this section, the Inter-
American Foundation will clearly note any part of the record which is
disputed and provide copies of the statement (and, if the Inter-American
Foundation deems it appropriate, copies also of a concise statement of
the Inter-American Foundation's reasons for not making the amendments
requested) to persons or other agencies to whom the disputed record has
been disclosed.
(e) Nothing in 5 U.S.C. 552a, however, allows an individual access to
any information compiled in reasonable anticipation of a civil action or
proceeding.
[41 FR 19211, May 11, 1976, as amended at 42 FR 37368, July 21, 1977]
Sec. 1003.4 Inter-American Foundation system of records
requirements.
(a) The Inter-American Foundation will maintain in its records any
such information about an individual as is relevant and necessary to
accomplish a purpose of the Inter-American Foundation required to be
accomplished by statute or Executive Order of the President.
(b) The Inter-American Foundation will collect information to the
greatest extent practicable directly from the subject individual when
the information may result in adverse determinations about an
individual's rights, benefits, and privileges under Federal programs.
(c) The Inter-American Foundation will inform each individual whom it
asks to supply information, on the form which it uses to collect the
information or on a separate form that can be retained by the individual
of:
(1) The authority (whether granted by statute or Executive order of
the President) which authorizes the solicitation of the information and
whether disclosure of such information is mandatory or voluntary;
(2) The principal purpose or purposes for which the information is
intended to be used;
(3) The routine uses which may be made of the information, as
published pursuant to paragraph (d)(4) of this section; and
(4) The effects on him or her, if any, of not providing all or any
part of the requested information.
(d) Subject to the provisions of paragraph (k) of this section, the
Inter-American Foundation will publish in the Federal Register at least
annually a notice of the existence and character of its system of
records. This notice will include:
(1) The name and location of the system or systems;
(2) The categories of individuals on whom records are maintained in
the system or systems;
(3) The categories of records maintained in the system or systems;
(4) Each routine use of the records contained in the system or
systems, including the categories of users and the purpose of such use;
(5) The policies and practices of the Inter-American Foundation
regarding storage, retrievability, access controls, retention, and
disposal of the records;
(6) The title and business address of the Inter-American Foundation
official or officials responsible for the system or systems of records;
(7) The Inter-American Foundation procedures whereby an individual can
be notified at his or her request if the system or systems of records
contain a record pertaining to him or her;
(8) The Inter-American Foundation procedures whereby an individual can
be notified at his or her request how he or she can gain access to any
record pertaining to him or her contained in the system or systems of
records, and how he or she can contest its content; and
(9) The categories of sources of records in the system or systems.
(e) All records used by the Inter-American Foundation in making any
determination about any individual will be maintained with the accuracy,
relevance, timeliness, and completeness reasonably necessary to assure
fairness to the individual in the determination.
(f) Before disseminating any record about any individual to any person
other than an agency the Inter-American Foundation will make reasonable
efforts to assure that such records are accurate, complete, timely, and
relevant for Inter-American Foundation purposes unless the dissemination
is required pursuant to 5 U.S.C. 552.
(g) The Inter-American Foundation will maintain no 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.
(h) The Inter-American Foundation will make reasonable efforts to
serve notice on an individual when any record on such individuals is
made available to any person under compulsory legal process when such
process becomes a matter of public record.
(i) The Inter-American Foundation will establish rules of conduct for
persons involved in the design, development, operation, or maintenance
of any system of records, or in maintaining any record. Each such person
will be instructed regarding such rules and the requirements of 5 U.S.C.
552a. The instruction will include any other rules and procedures
adopted pursuant to 5 U.S.C. 552a, and the penalties it provides for
noncompliance.
(j) The Inter-American Foundation will establish appropriate
administrative, technical, and physical safeguards to insure 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.
(k) At least 30 days prior to the publication of a notice in the
Federal Register at least annually regarding the routine use of the
records contained in the Inter-American Foundation system or systems of
records including the categories of users and the purpose of such use,
pursuant to paragraph (d)(4) of this section, the Inter-American
Foundation will also:
(1) Publish a notice in the Federal Register of any new use or
intended use of the information in the system or systems; and
(2) Provide an opportunity for interested persons to submit written
data, views, or arguments to the Inter-American Foundation.
Sec. 1003.5 Access to personal information from Inter-American
Foundation records.
(a) The Inter-American Foundation will promulgate regulations, as
necessary, to insure compliance with the provisions of 5 U.S.C. 552a,
developed in accordance with the provisions of 5 U.S.C. 553, as
applicable.
(b) Any individual will be notified upon request if any Inter-American
Foundation system of records named contains a record pertaining to him
or her. Such request must be in writing over the signature of the
requester. The request must contain a reasonable description of the
Inter-American Foundation system or systems of records meant, as
described at least annually by notice published in the Federal Register
describing the existence and character of the Inter-American
Foundation's system or systems of records. The request should be made to
the Executive Officer, Inter-American Foundation, 1515 Wilson Boulevard,
Rosslyn, Virginia 22209. Personal contacts should normally be made
during the regular duty hours of the office concerned, which are 8:30
a.m. to 4 p.m. Monday through Friday. Identification of the individual
requesting the information will be required consisting of name,
signature, address, and claim, insurance or other identifying file
number, if any, as a minimum.
(c) The department or staff office having jurisdiction over the
records involved will establish appropriate disclosure procedures and
will notify the individual requesting disclosure of his or her record or
information pertaining to him or her of the time, place and conditions
under which the Inter-American Foundation will comply to the extent
permitted by law and Inter-American Foundation regulation. Special
procedures will be established by the department or staff office
concerned governing the disclosure to an individual of medical records,
including psychological records pertaining to him or her.
(d) The department or staff office having jurisdiction over the
records involved will also establish procedures for reviewing a request
from an individual concerning the amendment of any record or information
pertaining to the individual for making a determination on the request,
for an appeal within the Inter-American Foundation of an initial adverse
Inter-American Foundation determination, and for whatever additional
means may be necessary for each individual to be able to exercise fully
his or her rights under 5 U.S.C. 552a.
(e) Fees to be charged, if any, to any individual for making copies of
his or her record, excluding the cost of any search for and review of
the record, will be as follows:
(1) Photocopy reproductions from all types of copying processes, each
reproduction image,
0.05.
(2) Where the Inter-American Foundation undertakes to perform for a
requester or for any other person services which are very clearly not
required to be performed under section 552a, Title 5, United States
Code, either voluntarily or because such services are required by some
other law (e.g., the formal certification of records as true copies,
attestation under the seal of the Inter-American Foundation, etc.), the
question of charging fees for such services will be determined by the
official or designee authorized to release the information under
Sec. 1.556, in the light of the Federal user charge statute, 31 U.S.C.
483a, and any other applicable law.
Sec. 1003.6 Administrative review.
(a) Upon denial of a request, the responsible Inter-American
Foundation official or designated employee will inform the requester in
writing of the denial, cite the reason or reasons and the Inter-American
Foundation regulations upon which the denial is based, and advise that
the denial may be appealed to the Administrator.
(b) The final agency decision in such appeals will be made by the
Administrator or Deputy Administrator.
Sec. 1003.7 Judicial review.
Any person may file a complaint against the Inter-American Foundation
in the appropriate U.S. district court, as provided in 5 U.S.C. 552a(g),
whenever the Inter-American Foundation:
(a) Makes a determination not to amend an individual's record in
accordance with his or her request, or fails to make such review in
conformity with that section;
(b) Refuses to comply with an individual request;
(c) 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 of, or 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
(d) Fails to comply under any other provision of 5 U.S.C. 552a, or any
Inter-American Foundation regulation promulgated thereunder, in such a
way as to have an adverse effect on an individual.
Sec. 1003.8 Exemptions.
No Inter-American Foundation records system or systems as such are
exempted from the provisions of 5 U.S.C. 552a as permitted under certain
conditions by 5 U.S.C. 552a(j) and (k).
Sec. 1003.9 Mailing lists.
An individual's name and address may not be sold or rented by the
Inter-American Foundation unless such action is specifically authorized
by law. This section does not require the withholding of names and
addresses otherwise permitted to be made public.
Sec. 1003.10 Reports.
(a) The Administrator or designee will provide adequate advance notice
to Congress and the Office of Management and Budget of any proposal to
establish or alter any Inter-American Foundation system or systems of
records, as required by 5 U.S.C. 552a(o). This will permit an evaluation
of the probable or potential effect of such proposal on the privacy and
other personal or property rights of individuals or the disclosure of
information relating to such individuals, and its effect on the
preservation of the constitutional principles of federalism and
separation of powers.
(b) If at any time an Inter-American Foundation system or systems of
records is determined to be exempt from the application of 5 U.S.C. 552a
in accordance with the provisions of 5 U.S.C. 552a(j) and (k), the
number of records contained in such system or systems will be separately
listed and reported to the Office of Management and Budget in accordance
with the then prevailing guidelines and instructions of that agency.