Home > 1995 Privacy Act Documents > Privacy Act: [ACUS--3] Council Membership and Correspondence Files--ACUS....Privacy Act: [ACUS--3] Council Membership and Correspondence Files--ACUS....
Administrative Conference of the United States
2120 L Street, NW
Suite 500
Washington, DC 20037.
Notification procedure: Contact the Executive Secretary as
provided in 1 CFR 304.20 et seq.
Record access procedures: Same as above.
Contesting record procedures: Same as above.
Record source categories: Individual to whom records pertain;
supervisors; official personnel records.
Appendix to Notice of Systems ACUS 5 and 6
1. In the event that a system of records maintained by this
agency to carry out its functions indicates a violation or potential
violation of law, whether civil, criminal or regulatory in nature,
and whether arising by general statute or particular program statute,
or by regulation, rule or order issued pursuant thereto, the relevant
records in the system of records may be referred, as a routine use,
to the appropriate agency, whether federal, state, local or foreign,
charged with the responsibility of investigating or prosecuting such
violation or charged with enforcing or implementing the statute, or
rule, regulation or order issued pursuant thereto.
2. A record from this system of records may be disclosed as a
``routine use'' to a federal, state or local agency maintaining
civil, criminal or other relevant enforcement information or other
pertinent information, such as current licenses, if necessary to
obtain information relevant to an agency decision concerning the
hiring or retention of an employee, the issuance of a security
clearance, the letting of a contract or the issuance of a license,
grant or other benefit.
3. A record from this system of records may be disclosed to a
federal agency, in response to its request, in connection with the
hiring or retention of an employee, the issuance of a security
clearance, the reporting of an investigation of an employee, the
letting of a contract, or the issuance of a license, grant or other
benefit by the requesting agency, to the extent that the information
is relevant and necessary to the requesting agency's decision in the
matter.
4. A record from this system of records may be disclosed to an
authorized appeal grievance examiner, formal complaints examiner,
equal employment opportunity investigator, arbitrator or other duly
authorized official engaged in investigation or settlement or a
grievance, complaint, or appeal filed by an employee. A record from
this system of records may be disclosed to the United States Civil
Service Commission in accordance with the agency's responsibility for
evaluation and oversight of federal personnel management.
5. A record from this system of records may be disclosed to
officers and employees of a federal agency for purposes of audit.
6. A record from this system of records may be disclosed, as a
routine use, in the course of presenting evidence to a court,
magistrate or administrative tribunal, including disclosures to
opposing counsel in the course of settlement negotiations.
7. A record in this system of records may be disclosed, as a
routine use, to a Member of Congress submitting a request involving
the individual when the individual has requested assistance from the
Member with respect to the subject matter of the record.
#..ACUS 7
#....System name: Dispute Resolution Neutrals Data File.
System location:
Administrative Conference of the United States, 2120 L Street,
NW., suite 500, Washington, DC 20037.
Categories of individuals covered by the system:
Neutrals listed on the Administrative Conference's roster of
persons available to assist in resolving federal agency disputes and
negotiated rulemaking.
Categories of records in the system:
The first category of records consists of current neutral files
(those currently on the Roster), and contains the personal data
questionnaire listing education, professional background and
experience, and confidential and other recommendations as to
acceptability. In addition, these files include correspondence with
neutrals regarding fees, areas of professional interest, complaints
alleging serious legal or ethical breaches, if any, other
correspondence and data related to case handing, and biographical
sketches summarizing information contained in the personal data
questionnaire. The second category of records consists of
registration records (see above) for individuals who have not been
accepted or have been removed from the Roster, correspondence, and
the reason for removal from the Roster.
Authority for maintenance of the system:
The Administrative Dispute Resolution Act (Pub. L. 101-552) and
the Negotiated Rulemaking Act of 1990 (Pub. L. 101-648).
Purpose(s):
The purposes of the Dispute Resolution Neutrals Data File are to
(1) maintain information regarding individuals with experience in
dispute resolution and negotiated rulemaking; (2) provide the
capability to respond to federal agencies' inquiries for names of
individuals who are available to act as dispute resolution neutrals,
as defined by the ADR Act, or as conveners and facilitators, as
defined by the Reg-Neg Act. The Conference will furnish names and
qualifications of individuals contained in the Dispute Resolution
Neutrals Data File to federal agencies and to private parties with
federal agency disputes, upon request.
Routine use of records maintained in the system including
categories of users and the purposes of such uses:
Biographical data are furnished to federal agencies, and private
parties involved in federal agency disputes, who have requested the
referral of one or more neutrals, conveners or facilitators along
with other data submitted by the individual with the registration
form.
The files may also be furnished to persons conducting research on
dispute resolution or negotiated rulemaking processes in the Federal
Government.
Information furnished to the Administrative Conference by
individuals wishing to be included in the Data File, and from other
sources listed above, may be routinely disclosed to appropriate
persons or organizations outside the agency in the course of
verifying the accuracy of data submitted. Data furnished by any
source in the nature of a complaint alleging serious legal or ethical
breaches are routinely referred to appropriate persons outside the
agency in the course of considering an individual's continuing
eligibility for listing on the Data File and, if a serious breach is
identified, to relevant legal or other authorities.
Policies and practices for storing, retrieving, accessing,
retaining, and disposing of records in the system:
Storage:
These records are maintained in original/duplicate document form
in lateral file cabinets and on computer. In either case, the files
are retrieved by an individual name or identification number or other
computer search techniques.
Safeguards:
These records are located at the Office of the Chairman of the
Administrative Conference. The records are maintained in lateral file
cabinets to which access is limited during office hours. Computer
records can be accessed only through use of confidential procedures
and passwords. Access to either files or computer records is limited
to employees of the Office of the Chairman of the Administrative
Conference.
Retention and disposal:
Files on individuals are maintained as long as the individual is
listed on the Roster. Files of individuals who have not been accepted
for the Roster due to incomplete or improperly submitted
applications, are maintained for six months. After the six-month
period only names and addresses of these persons will be retained.
Other materials submitted will be discarded.
System manager(s) and address:
Executive Director, Administrative Conference of the United
States, 2120 L Street, NW., suite 500, Washington, DC 20037.
Notification procedure:
Individuals who want to receive notification of inclusion in this
system of records, inspect their file, or contest the contents of any
records maintained in the system, should address inquires to the
Executive Director of the Administrative Conference at the above
address. All such inquiries should indicate the name of the
individual and any other information that may be helpful in locating
the file.
Record access procedures:
See ``Notification Procedure'' above.
Contesting record procedure:
Contact the Executive Director at the above address, and identify
the record, specify the information being contested, and the
corrective action sought with supporting justification.
Record source categories:
Directly from the individual, sources furnished by the
individual, or obtained by the Administration Conference from other
sources.
System exempted from certain provisions of the act:
In order to preserve the accuracy of information necessary for
investigating data supplied by individuals wishing to be included on
the Roster, and to investigate complaints of ethical breaches, the
identity of confidential sources is exempted from disclosure.
#.ADMINISTRATIVE CONFERENCE OF THE UNITED STATES
Title 1-General Provisions
Chapter II-Administrative Conference of the United States
PART 304--PUBLIC AVAILABILITY OF DOCUMENTS AND RECORDS
Subpart B--Privacy Act Implementation
Sec.
304.20 Purpose and scope.
304.21 Definitions.
304.22 Procedures for requests pertaining to individual records in a
system of records.
304.23 Request for amendment or correction of a record.
304.24 Disclosure of a record to a person other
304.25 Schedule of fees.
Subpart B--Privacy Act Implementation
Authority: 5 U.S.C. 552, 552a, 571-576.
Source: 41 FR 15321, Apr. 12, 1976, unless otherwise noted.
Sec. 304.20 Purpose and scope.
The purpose of this subpart is the implementation of the Privacy Act
of 1974, 5 U.S.C. 552a, by establishing procedures whereby an individual
can determine if a system of records maintained by the Administrative
Conference contains a record pertaining to himself, and procedures for
providing access to such a record for the purpose of review, amendment,
or correction. Requests for assistance in interpreting or complying with
these regulations should be addressed to the Executive Secretary,
Administrative Conference of the United States, 2120 L Street, NW, Suite
500, Washington, DC 20037.
Sec. 304.21 Definitions.
As used in this subpart, the terms ``individual,'' ``maintain,''
``record,'' ``system of records,'' and ``routine use'' shall have the
meaning specified in 5 U.S.C. 552a(a).
Sec. 304.22 Procedures for requests pertaining to individual records
in a system of records.
(a) An individual can determine if a particular system of records
maintained by the Administrative Conference contains a record pertaining
to himself by submitting a written request for such information to the
Executive Secretary. The Executive Secretary shall respond to a written
request under this subpart within a reasonable time by stating that a
record on the individual either is or is not contained in the system.
(b) If an individual seeks access to a record pertaining to himself in
a system of records, he shall submit a written request to the Executive
Secretary. The Executive Secretary or his designee shall, within ten
working days after its receipt, acknowledge the request and if possible
decide if it should be granted. In any event, a decision shall be
reached promptly and notification thereof provided to the individual
seeking access. If the request is denied, the individual shall be
informed of the reasons therefor and his right to seek judicial review.
(c) In cases where an individual has been granted access to his
records, the Executive Secretary may, prior to releasing such records,
require the submission of a signed notarized statement verifying the
identity of the individual to assure that such records are disclosed to
the proper person. No verification of identity will be required when
such records are available under the Freedom of Information Act, 5
U.S.C. 552, as amended.
Sec. 304.23 Request for amendment or correction of a record.
(a) An individual may file a request with the Executive Secretary for
amendment or correction of a record pertaining to himself in a system of
records. Such written request shall state the nature of the information
in the record the individual believes to be inaccurate or incomplete,
the amendment or correction desired and the reasons therefor. The
individual should supply whatever information or documentation he can in
support of his request for amendment or correction of a record.
(b) The Executive Secretary or his designee shall, within ten working
days after its receipt, acknowledge a request for amendment or
correction of a record. A decision shall be reached promptly and
notification thereof provided to the individual seeking to amend or
correct a record. The Executive Secretary may request such additional
information or documentation as he may deem necessary to arrive at a
decision upon the request. If the request is granted, the record as
amended shall be called to the attention of all prior recipients of the
individual's record.
(c) If the request is denied, the individual shall be informed of the
reasons therefor and his right to appeal the denial in writing to the
Chairman of the Conference. The Chairman shall render a decision on an
appeal within thirty working days following the date on which the appeal
is received. The individual shall be notified promptly of the Chairman's
decision and, if the appeal is denied, the reasons therefor and the
individual's right to seek judicial review and his right to file a
concise statement of disagreement, which statement shall be noted in the
records to which it pertains and supplied to all prior and subsequent
recipients of the disputed record. If an appeal is granted, the record
as amended shall be called to the attention of all prior recipients of
the individual's record.
(d) Requests for amendment or correction of a record must be
accompanied by a signed notarized statement verifying the identity of
the requesting party.
Sec. 304.24 Disclosure of a record to a person other than the
individual to whom it pertains.
Except in accordance with 5 U.S.C. 552a(b), or as required by the
Freedom of Information Act, 5 U.S.C. 552, as amended, or other
applicable statute, the Conference shall not disclose a record to any
individual other than the individual to whom the record pertains without
the written consent of such individual. An accounting of the date,
nature, and purpose of each disclosure of a record as well as the name
and address of the person or agency to whom the disclosure was made will
be maintained. This accounting will be made available to the individual
to whom the record pertains upon the submission of a written, notarized
request to the Executive Secretary.
Sec. 304.25 Schedule of fees.
Copies of records supplied to any individual at his request shall be
provided for $.10 per copy per page. Copying fees of less than $2 per
request are waived.
Other Popular 1995 Privacy Act Documents Documents:
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