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51-8.501  Reporting requirement.
51-8.502  Federal Register notice of establishment of new system or 
    alteration of existing system.
51-8.503  Effective date of new systems of records or alteration of an 
    existing system of records.

Subpart 51-8.6--Exceptions [Reserved]

Subpart 51-8.7--Rules of Conduct for Disclosure of Information About an 
Individual

51-8.701  Committee rules of conduct.

  Authority: Pub. L. 93-579, December 31, 1974; 5 U.S.C. 552a.

  Source: 40 FR 51168, Nov. 3, 1975, unless otherwise noted.

Subpart 51-8.1--General Policy


   Sec. 51-8.101   Maintenance of records.


   Sec. 51-8.101-1   Collection and use.

  Any information used in whole or in part in making a determination 
about an individual's rights, benefits, or privileges under the 
Committee programs, shall, to the extent practicable, be collected 
directly from the subject individual. At the time information is 
collected, the individual must be informed of the authority for 
collecting such information, whether providing the information is 
mandatory or voluntary, the purposes for which the information will be 
used, the routine uses as published in the Federal Register, and the 
effects on the individual, if any, of not providing the information. The 
information collected shall be used only for the intended purpose or 
permission for additional use will be obtained from the subject 
individual.


   Sec. 51-8.101-2   Standards of accuracy.

  The Executive Director shall ensure that all records which are used by 
the agency to make determinations about any individual are maintained 
with such accuracy, relevance, timeliness, and completeness as is 
reasonably necessary to assure fairness to the individual. Upon petition 
by an individual, the Executive Director shall provide the individual 
with the opportunity to review his records, and to request amendment of 
a portion which the individual believes is not accurate, relevant, 
timely or complete. Prior to dissemination of records about any 
individual to any person or to another agency, exclusive of disclosure 
pursuant to the Freedom of Information Act, the Executive Director shall 
make reasonable effort to ensure that such records are accurate, 
complete, timely, and relevant.


   Sec. 51-8.101-3   Content of systems of records.

  The Executive Director shall maintain in records only such information 
about an individual as is relevant and necessary to accomplish an agency 
purpose required by statute or executive order. Such records shall not 
contain any information describing how any individual exercises rights 
guaranteed by the First Amendment unless specifically authorized by 
statute, by the subject individual, or is pertinent to and within the 
scope of an authorized law enforcement activity. For these purposes, 
First Amendment rights include, but are not limited to, religious and 
political beliefs, freedom of speech, the press, assembly, and freedom 
to petition.


   Sec. 51-8.101-4   Rules of conduct.

  Any employee of the Committee involved in the design, development, 
operation or maintenance of any system of records, or in maintaining any 
record, shall review the provisions of 5 U.S.C. 552a and these 
regulations, and shall conduct himself accordingly with the rules of 
conduct concerning the protection of personal information outlined in 41 
CFR 51-8.7, Disclosure of Information about an Individual.


   Sec. 51-8.101-5   Safeguarding systems of records.

  The Executive Director shall ensure that appropriate administrative, 
technical and physical safeguards are established to ensure the security 
and confidentiality of records and to protect against any anticipated 
threats or hazards to their security or integrity which could result in 
substantial harm, embarrassment, inconvenience, or unfairness to any 
individual on whom information is maintained.


   Sec. 51-8.102   Availability of records.

  Committee records pertaining to an individual shall be made available 
to the subject individual to the greatest extent possible. Disclosures 
of records to other than the subject individual will be made only in 
accordance with subpart 51-8.2 of this part.


   Sec. 51-8.102-1   Specific exemptions.

  Systems of records maintained by the Committee which have been 
exempted from certain requirements of the Privacy Act are designated in 
subpart 51-8.6 of this part. An individual shall have access to all 
exempted records containing information about him under procedures 
outlined in subpart 51-8.3 of this part. Upon request, an individual 
shall receive an accounting of any disclosure of information about him.

Subpart 51-8.2--Disclosure of Records


   Sec. 51-8.201   Conditions of disclosure.

  No Committee member or employee of the Committee shall disclose any 
record to any person or to another agency without the express written 
consent of the subject individual unless the disclosure is:
  (a) To Committee members or employees who have a need for the 
information in the official performance of their duties.
  (b) Required under the provisions of the Freedom of Information Act.
  (c) For a routine use as published in the annual notice in the Federal 
Register.
  (d) To the Bureau of Census for uses pursuant to Title 13.
  (e) To a recipient who has provided the agency with advance adequate 
written assurance that the record will be used solely as a statistical 
research or reporting record and the record is to be transferred in a 
form that is not individually identifiable. The written statement should 
include as a minimum:
  (1) A statement of the purpose for requesting the records, and
  (2) Certification that the records will be used only for statistical 
purposes.

These written statements shall be maintained as records. In addition to 
stripping, personally identifying information from records released for 
statistical purpose, the Committee will ensure that the identity of the 
individual cannot reasonably be deducted by combining various 
statistical records.
  (f) To the National Archives of the United States as a record which 
has sufficient historical or other value to warrant its continued 
preservation by the United States Government, or for evaluation by the 
Administrator of General Services or his designee to determine whether 
the record has such value.
  (g) To another agency or instrumentality of any governmental 
jurisdiction within or under the control of the United States for a 
civil or criminal law enforcement activity if the activity is authorized 
by law, and if the head of the agency or instrumentality has made a 
written request to the agency which maintains the record specifying the 
particular portion desired and the law enforcement activity for which 
the record is sought.
  (h) To a person showing compelling circumstances affecting the health 
and safety of an individual (not necessarily the individual to whom the 
record pertains). Upon such disclosure, a notification of such shall be 
sent to the last known address of the individual.
  (i) To either House of Congress or to a subcommittee or committee 
(joint or of either House, to the extent that the subject matter falls 
within their jurisdiction).
  (j) To the Comptroller General, or any of his authorized 
representatives in the course of the performance of the duties of the 
General Accounting Office, or
  (k) Pursuant to the order of the court of competent jurisdiction.


   Sec. 51-8.202   Accounting of disclosures.

  (a) Except for disclosures made pursuant to paragraphs (a) and (b) of 
Sec. 51-8.201 of this part, an accurate accounting of each disclosure 
will be made and retained for five years after the disclosure or for the 
life of the record, whichever is longer. The accounting will include the 
date, nature, and purpose of each disclosure, and the name and address 
of the person or agency to whom the disclosure is made.
  (b) The accounting will be recorded and maintained in any manner the 
Executive Director determines is satisfactory for the purposes of 
constructing a listing of all disclosures, and for providing a cross 
reference to the justification or basis upon which the disclosure was 
made, including written documentation required when records are released 
for statistical or law enforcement purposes and any written consents 
provided by the individual.
  (c) Except for disclosures made to agencies or instrumentalities in 
law enforcement activities in accordance with Sec. 51-8.201(e)(2) or for 
disclosures made from systems exempted from this requirement of the Act 
as outlined in subpart 51-8.6 of this part, the accounting of 
disclosures will be made available to the individual upon request. 
Procedures for requesting access to the accounting are outlined in 
subpart 51-8.3 of this part.

Subpart 51-8.3--Individual Access to Records


   Sec. 51-8.301   Notification.

  Any individual who wishes to determine if a system of records 
maintained by the Committee contains a record pertaining to him should 
direct a request to the Executive Director at the address indicated in 
the public notice describing the system of records which has been 
published in the Federal Register. The request should display clearly 
the legend ``Privacy Act Request'' both on the face of the request 
letter and on the face of the envelope. The request letter should 
contain the complete name and identifying number of the system as 
published in the Federal Register; the full name, address, and telephone 
number of the subject individual; a brief description of the nature, 
time, place and circumstances of the individual's association with the 
Committee and any other information which the individual believes would 
facilitate the Executive Director's determination whether the 
individual's name is included in the system of records. The Executive 
Director shall answer or acknowledge the request within ten working 
days.


   Sec. 51-8.302   Times, places and requirements for access requests.

  Records will be available for authorized access during normal business 
hours at the offices where the records are located. A requester should 
be prepared to identify himself through production of a driver's 
license, student or employee identification card, or other 
identification acceptable to the Executive Director. When the disclosure 
of records to the wrong individual would result in substantial harm, 
embarrassment, inconvenience, or unfairness to the subject individual, 
the Executive Director may require a notarized statement of identity. 
The Executive Director shall ensure that such times, places, and 
requirements for identification are not excessive and do not restrict 
individual access unduly.


   Sec. 51-8.303   Access procedures.


   Sec. 51-8.303-1   Form of requests.

  (a) An individual must request access to his record in writing. The 
Executive Director shall accept by telephone only general inquiries for 
information regarding systems of records or procedures.
  (b) A written request should be directed to the Executive Director as 
listed in the public notice describing the system of records. The 
individual should display clearly on the face of the request letter and 
on the face of the envelope the legend ``Privacy Act Request'', and 
include the complete name and identifying number of the system as 
published in the Federal Register; the full name, address, the telephone 
number of the individual; a brief description of the nature, time, place 
and circumstances of the individual's association with the Committee; 
and any other information which the individual believes would facilitate 
the Executive Director's search for the record.
  (c) An individual who wishes to have a person of his choosing 
accompany him in reviewing a record must sign a statement authorizing 
the disclosure of his record in the presence of another individual, if 
so requested by the Executive Director. An individual who intends to 
visit the Committee office in order to review a record should make an 
appointment with the Executive Director at least one week in advance.


   Sec. 51-8.303-2   Special requirements for medical/psychological 
   records.

  (a) The Executive Director may require an individual who requests 
access to his medical or psychological record to designate a physician 
of his choice to whom he may disclose the individual's record if in the 
opinion of the Executive Director, disclosure directly to the individual 
might be harmful.
  (b) The Executive Director shall mark records which should not be 
disclosed directly to the subject individual and shall inform an 
individual requesting such records of the requirement to designate a 
physician to whom the records can be disclosed.


   Sec. 51-8.303-3   Granting access.

  (a) Upon receipt of a request for access to non-exempt records, the 
Executive Director shall make such records available to the individual, 
or shall acknowledge the request within ten working days. The 
acknowledgment shall indicate when the Executive Director will make the 
record available.
  (b) If the Executive Director anticipates more than ten days in making 
a record available he also shall include in the acknowledgement specific 
reasons for the delay.
  (c) If an individual's request for access does not contain sufficient 
information to permit the Executive Director to locate the record, the 
Executive Director shall request additional information from the 
individual and shall have ten working days following receipt of the 
additional information in which to make the record available, or to 
acknowledge receipt of the request and indicate when the record will be 
available. In no case shall more information be requested from the 
individual than that contained in the pertinent system of records.
  (d) The Executive Director, at his discretion, either shall permit an 
individual to examine the original of the record, or shall provide the 
individual with a copy of the record. Fees shall be charged only for 
copies requested by the individual and not for copies provided to the 
individual for convenience of the agency.
  (e) An individual may request to pick up a record in person or receive 
it by mail, directed to the name and address provided by the individual 
in his request. The Executive Director shall not make a record available 
to a third party for delivery to the subject individual, except in the 
case of medical records outlined in Sec. 51-8.303-2.
  (f) The Executive Director shall maintain in an individual's record an 
accounting of disclosures to the individual's documenting compliance 
with the request.
  (g) The procedures for access to an accounting of disclosures is 
identical to the procedure for access to a record as set forth in this 
section.


   Sec. 51-8.303-4   Denials of access.

  (a) The Executive Director may deny any individual access to his 
record only on the grounds that the Committee has published rules in the 

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