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of such record to the requesting individual in the exercise of his 
professional judgment.
  (2) Test material and copies of certificates or other lists of 
eligibles or any other listing, the disclosure of which would violate 
the privacy of any other individual, or be otherwise proscribed by the 
provision of the Privacy Act of 1974, shall be removed from the record 
before disclosure to any individual to whom the record pertains.

   Sec. 1224.1-14  Specific exemptions.

  Records or portions of records specified below shall be exempt from 
disclosure provided however that no such exemption shall apply to the 
provisions of Sec. 1224.1-16(d)(3) hereof (informing prior recipient of 
corrected or disputed records), Sec. 1224.1-12(a) (collecting 
information directly from the individual to whom it pertains); 
Sec. 1224.1-12(b) (informing individuals asked to supply information of 
the purposes for which it is collected and whether it is mandatory); 
Sec. 1224.1-12(c) (maintaining records with accuracy, completeness, etc. 
as reasonably necessary for agency purposes); Sec. 1224.1-12(f) 
(notifying the subjects of records disclosed under compulsory court 
process); Sec. 1224.1-16(g) (civil remedies). With the above exceptions 
the following material shall be exempt from disclosure to the extent 
  (a) Material considered classified and exempt from disclosure under 
the provisions of section 552(b)(1) of the Freedom of Information Act (5 
U.S.C. 552).
  (b) Investigatory material compiled for the purposes of law 
enforcement provided, however, that if such information is to be used 
for the basis for denial of any right, privilege or benefit to which 
such individual would be entitled by Federal law or otherwise, such 
material shall be provided to the such individual except to the extent 
necessary to protect the identity of a source who furnished information 
to the government under an express promise that his or her identity 
would be held in confidence, or prior to the effective date of the 
Privacy Act of 1974, under an implied promise of such source.
  (c) Required by statute to be maintained and used solely as 
statistical records.
  (d) Investigatory material compiled solely for the purpose of 
determining suitability, eligibility or qualification for service as an 
employee or volunteer or for the obtaining of a Federal contract or for 
access to classified information; provided, however, that such material 
shall be disclosed to the extent possible without revealing the identity 
of a source who furnished information to the government under an express 
promise of the confidentiality of his identity or, prior to the 
effective date of the Privacy Act of 1974, under an implied promise of 
such confidentiality of identity.
  (e) Testing or examination material used solely to determine 
individual qualifications for appointment or promotion in the Federal 
service, disclosure of which would compromise the objectivity or 
fairness of the testing or examination process.
  (f) An individual shall not have a right of access to any information 
compiled by the agency in reasonable anticipation of a civil action or 
  The above specific exemptions from disclosure are made for the purpose 
of protecting the confidentiality of classified information, sources who 
furnish information for law enforcement purposes or selection purposes 
for volunteer service or employment, and to protect the integrity of any 
system of tests or examinations for Federal service or advancement 

   Sec. 1224.1-15  Identification of requestors.

  The agency shall require reasonable identification of all individuals 
who request access to records to assure that records are disclosed to 
the proper person.
  (a) In the event an individual requests disclosure in person, such 
individual shall be required to show an identification card such as a 
drivers license etc., containing a photo and a sample signature of such 
individual. Such individual may also be required to sign a statement 
under oath as to his or her identity acknowledging that he or she is 
aware of the penalties for improper disclosure under the provisions of 
the Privacy Act of 1974.
  (b) In the event that disclosure is requested by mail, the agency may 
request such information as may be necessary to reasonably assure that 
the individual making such request is properly identified. In certain 
cases, the agency may require that a mail request be notarized with an 
indication that the notary received an acknowledgment of identity from 
the individual making such request.
  (c) In the event an individual is unable to provide suitable 
documentation or identification, the agency may require a signed 
notarized statement asserting the identity of the individual and 
stipulating that the individual inderstands that knowingly or willfully 
seeking or obtaining access to records about another person under false 
pretenses is punishable by a fine of up to $5,000.
  (d) In the event a requestor wishes to be accompanied by another 
person while reviewing his or her records, the agency may require a 
written statement authorizing discussion of his or her records in the 
presence of the accompanying representative or other persons.

   Sec. 1224.1-16  Amendment of records and appeals with respect 

  A request for inspection of any record shall be made to the Director, 
A&F/Administrative Services, 806 Connecticut Avenue NW, Washington, DC 
20525. Such request may be made by mail or in person provided however 
that requests made in person may be required to be made upon a form to 
be provided by the Director of Administrative Services. The Director of 
Administrative Services shall keep a current list of systems of records 
maintained by the agency and published in accordance with the provisions 
of these regulations. Requests as to record systems maintained in 
Regional Offices may be addressed to the appropriate Regional Office, 
Attention the Regional Records Officer, in person or by mail. A 
requesting individual may request that the agency compile all records 
pertaining to such individual at any named Regional Office or at the 
Central Office in Washington, DC, for such individual's inspection and/
or copying. In the event an individual makes such request for a 
compilation of all records pertaining to him in various locations, 
appropriate time for such compilation shall be provided as may be 
necessary to promptly comply with such requests. Any such requests 
should contain, at a minimum, identifying information needed to locate 
any given record and a brief description of the item or items of 
information required in the event the individual wishes to see less than 
all records maintained about him.
  (a) In the event an individual after examination of his record desires 
to request an amendment of such records, he may do so by addressing such 
request to the Director of Administrative Services. The Director of 
Administrative Services shall provide assistance in preparing any such 
amendment upon request and a written acknowledgement of receipt of such 
request within 10 working days from the receipt thereof from the 
individual who requested the amendment. Such acknowledgment may, if 
necessary, request any additional information needed to make a 
determination with respect to such request. If the agency makes a 
determination to comply with such request within such 10-day period, no 
written acknowledgement is necessary, provided however that a 
certification of such change shall be provided to such individual within 
such period.
  (b) Promptly after acknowledgment of the receipt of a request for an 
amendment the agency shall take one of the following actions:
  (1) Make any corrections of any portion of the record which the 
individual believes is not accurate, relevant, timely or complete.
  (2) Inform the individual of its refusal to amend the record in accord 
with the request together with the reason for such refusal and the 
procedures established for requesting review of such refusal by the head 
of the agency or his designee. Such notice shall include the name and 
business address of such official.
  (3) Refer the request to the agency that has control of and maintains 
the record in those instances where the record requested remains the 
property of the controlling agency and not of ACTION.
  (c) In reviewing a request to amend the record the agency shall assess 
the accuracy, relevance, timeliness and completeness of the record with 
due and appropriate regard for fairness to the individual about whom the 
record is maintained. In making such determination, the agency shall 
consult criteria for determining record quality published in pertinent 
chapters of the Federal Personnel Manual and to the extent possible 
shall accord therewith.
  (d) In the event the agency agrees with the individual's request to 
amend such record, it shall:
  (1) Advise the individual in writing,
  (2) Correct the record accordingly, and
  (3) Advise all previous recipients of a record which was corrected of 
the correction and its substance.
  (e) In the event the agency, after an initial review of the request to 
amend a record, disagrees with all or a portion of it, the agency shall:
  (1) Advise the individual of its refusal and the reasons therefore,
  (2) Inform the individual that he or she may request further review in 
accord with the provisions of these regulations, and
  (3) The name and address to whom the request should be directed.
  (f) In the event an individual requestor disagrees with the initial 
agency determination, he or she may appeal such determination to the 
Deputy Director of the Agency or his designee. Such request for review 
must be made within 30 days after receipt by the requestor of the 
initial refusal to amend.
  (g) If after review the Deputy Director or his designee refuses to 
amend the record as requested he shall advise the individual requester 
of such refusal and the reasons for same; of his or her right to file a 
concise statement of the reasons for disagreeing with the decision of 
the agency in the record; of the procedures for filing a statement of 
disagreement and of the fact that such statement so filed will be made 
available to anyone to whom the record is subsequently disclosed 
together with a brief statement of the agency summarizing its reasons 
for refusal, if the agency decides to place such brief statement in the 
record. The agency shall have the authority to limit the length of any 
statement to be filed, such limit to depend upon the record involved. 
The agency shall also inform such individual that prior recipients of 
the disputed record will be provided a copy of both statements of 
dispute to the extent that the accounting of disclosures has been 
maintained and of the individual's right to seek judicial review of the 
agency's refusal to amend the record.
  (h) If after review the official determines that the record should be 
amended in accordance with the individual's request the agency shall 
proceed as provided above in the event a request is granted upon initial 
  (i) Final agency determination of an individual's request for a review 
shall be concluded within 30 working days from the initial request 
excluding the period of time between receipt by such individual of the 
initial denial and his or her filing of a request for review provided 
however that the Deputy Director or his designee may determine that fair 
and equitable review cannot be made within that time. If such 
circumstances occurs, the individual shall be notified of the additional 
time required in writing and of the approximate date on which 
determination of the review is expected to be completed.

   Sec. 1224.1-17  Denial of access and appeals with respect thereto.

  In the event that the agency finds it necessary to deny any individual 
access to a record about such individual pursuant to provisions of the 
Privacy Act or of these regulations,a response to the original request 
shall be made in writing within ten working days from the date of such 
initial request. The denial shall specify the reasons for such refusal 
or denial and advise the individual of the reasons therefore, and of his 
or her right to an appeal within the agency and/or judicial review under 
the provisions of the Privacy Act.
  (a) In the event an individual desires to appeal any denial of access, 
he may do so in writing by addressing such appeal to the attention of 
the Deputy Director, ACTION, c/o the Director, AF/Administrative 
Services, 806 Connecticut Avenue NW, Washington, DC 20525. Although 
there is no time limit for such appeals, ACTION shall be under no 
obligation to maintain copies of original requests or responses thereto 
beyond 180 days from the date of the original request.
  (b) The Deputy Director, or his designee, shall review a request from 
a denial of access and shall make a determination with respect to such 
appeal within 20 days after receipt thereof. Notice of such 
determination shall be provided to the individual making the request in 
writing. If such appeal is denied in whole or in part, such notice shall 
include notification of the right of the person making such requests to 
have judicial review of the denial as provided in the Privacy Act (5 
U.S.C. 552a).

   Sec. 1224.1-18  Fees.

  No fees shall be charged for search time or for any other time 
expended by the agency to produce a record. Copies of records may be 
charged for at the rate of 10 cents per page provided that one copy of 
any record shall be provided free of charge.

   Sec. 1224.1-19  Inspector General exemptions.

  Pursuant to sections (j) and (k) of the Privacy Act of 1974, ACTION 
has promulgated the following exemptions to specified provisions of the 
Privacy Act:
  (a) Pursuant to, and limited by, 5 U.S.C. 552a(j)(2), the systems of 
records maintained by the Office of the Inspector General of ACTION that 
contains the Investigative Files shall be exempted from the provisions 
of 5 U.S.C. 552a, except subsections (b), (c)(1) and (2), (e)(4)(A) 
through (F), (e)(6), (7), (9), (10), and (11), and (i), and 45 CFR 
1224.1-12, 1224.1-13, 1224.1-15, 1224.1016, 1224.1-17, and 1224.1-18, 
insofar as the system contains information pertaining to criminal law 
enforcement investigations.
  (b) Pursuant to, and limited by, 5 U.S.C. 552a(k)(2), the system of 
records maintained by the Office of the Inspector General of ACTION that 
contains the Investigative Files shall be exempted from 5 U.S.C. 
552a(c)(3), (d), (e)(1), (e)(4)(G), (H), and (I), and (f), and 45 CFR 
1224.1-12, 1224.1-13, 1224.1-15, 1224.1-16, 1224.1-17, and 1224.1-18, 
insofar as it contains investigatory materials compiled for law 
enforcement purposes.

[57 FR 45326, Oct. 1, 1992]

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