Privacy Act: [CBH--1] General Personnel File for Committee for Purchase from the Blind and Other Severely Handicapped--CBH--1....

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Federal Register exempting the pertinent system of records from the 
access requirement.
  (b) Upon receipt of a request for access to an exempt system, the 
Executive Director shall prepare a letter denying access. The letter of 
denial shall contain a justification for denial of access which includes 
appropriate citation to the exemption provisions of these rules or other 
Federal Register notice exempting the system.


   Sec. 51-8.304   Fees.


   Sec. 51-8.304-1   Records available without charge.

  The Executive Director shall make one copy of a record available to an 
employee without charge, and may waive the fee requirement for any other 
individual requesting records if the cost of collecting the fee is an 
unduly large part of, or greater than, the fee, or when furnishing the 
record without charge conforms to generally established business custom 
or is in the public interest.


   Sec. 51-8.304-2   Records available at a fee.

  The Executive Director shall provide one copy of a record to the 
individual at a fee prescribed in Sec. 51-8.304-5. A reasonable number 
of additional copies will be provided for the applicable fee where 
reproduction services are not readily available.


   Sec. 51-8.304-3   Prepayment of fees over $25.

  When the Executive Director determines that the anticipated total fee 
is likely to exceed $25, he shall notify the individual that he must 
prepay the anticipated fee prior to making the records available. The 
Committee will remit the excess paid by the individual or bill the 
individual for an additional amount according to variations between the 
final fee charged and the amount prepaid.


   Sec. 51-8.304-4   Form of payment.

  Payment shall be by check or money order payable to the Committee for 
Purchase from the Blind and Other Severely Handicapped and shall be 
addressed to the Executive Director.


   Sec. 51-8.304-5   Reproduction fee schedule.

  (a) The fee for reproducing a copy of a record (by routine 
electrostatic copying) up to and including material 8\1/2\ x 14 inches 
shall be $0.10 per page.
  (b) The fee for reproducing a copy of a record over 8\1/2\ x 14 inches 
or whose physical characteristics do not permit reproduction by routine 
electrostatic copying shall be the direct cost of reproducing the 
records through Government or commercial sources.

Subpart 51-8.4--Requests To Amend Records


   Sec. 51-8.401   Submission of requests to amend records.

  (a) An individual who desires to amend any record or information 
pertaining to him should direct a written request to the Executive 
Director, Committee for Purchase from the Blind and Other Severely 
Handicapped, Crystal Square 5, Suite 1107, 1755 Jefferson Davis Highway, 
Arlington, Virginia 22202.
  (b) A request should bear the legend ``Privacy Act--Request to Amend 
Record'' prominently marked on both the face of the request letter and 
the envelope.

(5 U.S.C. 552a)

[40 FR 51168, Nov. 3, 1975, as amended at 49 FR 38267, Sept. 28, 1984]


   Sec. 51-8.402   Review of requests to amend records.

  (a) Upon receipt of a request to amend a record, the responsible 
official, whenever practicable shall complete the review and advise the 
individual of the results within ten working days. If a determination 
cannot be made within ten working days, the Executive Director, within 
ten working days, shall send the individual a written acknowledgment of 
receipt of the request including a description of the request and the 
date when the requester may except to be advised of action taken on the 
request. Except in unusual circumstances, the Executive Director shall 
complete the review within 30 working days. In unusual circumstances, 
causing delay beyond the 30 day limit, the Executive Director shall 
inform the individual in writing of the cause of delay, the actions 
taken to review the record, and the date the Executive Director 
anticipates the review to be complete.
  (b) When reviewing a record in response to a request to amend, the 
Executive Director shall assess the accuracy, relevance, timeliness, and 
completeness of the record to ensure fairness to the individual in any 
determination made on the basis of the record. With respect to a request 
to delete information, the Executive Director also shall review the 
request and record to determine whether the information is relevant and 
necessary to accomplish an agency purpose required to be accomplished by 
law or Executive Order.


   Sec. 51-8.403   Approval of requests to amend.

  If the Executive Director agrees to amend a record, he promptly shall 
make the necessary corrections to the record and shall send a copy of 
the corrected record to the individual. Where an accounting of 
disclosure has been maintained, he shall advise all previous recipients 
of the record of the fact that a correction was made of/and the 
substance of the correction. Where practicable, the Executive Director 
shall send a copy of the corrected record to previous recipients.


   Sec. 51-8.404   Refusal of request to amend.

  (a) The Executive Director, or any official acting for him, shall have 
the authority to issue an initial refusal of a request to amend a record 
within his custody and shall be responsible for the initial adverse 
agency determination.
  (b) If the Executive Director, after reviewing the request to amend a 
record, determines not to amend the record, he promptly shall advise the 
requester in writing of the determination. The refusal letter:
   (1) Shall state the reasons for refusal,
  (2) Shall state the requester's right to seek a review of the initial 
determination, and
  (3) Shall state the procedures for requesting such review.


   Sec. 51-8.405   Request of review of refusal to amend a record.

  (a) An individual who disagrees with the refusal to amend may appeal 
that refusal with the Committee. An individual should address a request 
for review of a refusal to amend any record, exclusive of a personnel 
record of a current Committee employee to the Chairman, Committee for 
Purchase from the Blind and Other Severely Handicapped, Crystal Square 
5, Suite 1107, 1755 Jefferson Davis Highway, Arlington, Virginia 22202.
  (b) A request to review must be in writing and should include a copy 
of the initial request and refusal to amend. The request to review 
should bear the legend ``Privacy Act--Request for Review of Refusal to 
Amend'' on both the face of the letter and the envelope. The Chairman 
shall complete the review and make a determination no later than 30 
working days after receipt of the request for review, unless a 
determination is made to extend the 30 day period. If a determination is 
made to extend the 30 day period, the Chairman shall notify the 
requester in writing of the reasons for the delay and the date when the 
review will be completed.
  (c) Upon receipt of a request to review a refusal to amend, the 
Chairman shall undertake an independent review of the request and 
initial determination. If, after conducting the review, the Chairman 
agrees to amend, he shall notify the requester promptly in writing of 
the determination, amend the record, and notify previous recipients in 
accordance with Sec. 51-8.403.
  (d) If, after conducting the review, the Chairman agrees with the 
refusal to amend the record, he shall notify the requester promptly in 
writing of the determination. The notification shall include the reasons 
for the refusal, and shall advise the individual of his right to file a 
statement of disagreement, and the procedures for doing so. The Chairman 
also shall advise the individual that such statement of disagreement 
will be made available in any subsequent disclosures of the record 
together with a concise statement summarizing reasons for refusal where 
the responsible official deems it appropriate. The Chairman also will 
advise the individual of his right to bring civil action against the 
agency in a district court of the United States.

(5 U.S.C. 552a)

[40 FR 51168, Nov. 3, 1975, as amended at 49 FR 38267, Sept. 28, 1984; 
49 FR 43065, Oct. 26, 1984]

Subpart 51-8.5--Report on New Systems and Alteration of Existing 
Systems


   Sec. 51-8.501   Reporting requirement.

  (a) No later than 30 days prior to the establishment of a new systems 
of records, the Executive Director shall submit a copy of the proposal 
to the President of the Senate, the Speaker of the House of 
Representatives, and the Director of the Office of Management and Budget 
for their evaluation of the probable or potential effect of such 
proposal on the privacy and other personal or property rights of 
individuals of the disclosure of information relating to such 
individuals.
  (b) No later than 30 days prior to the alteration of a system of 
records, the Executive Director for the maintenance of that system of 
records shall submit a copy of the proposal to the President of the 
Senate, the Speaker of the House of Representatives, and the Director of 
the Office of Management and Budget for their evaluation of the probable 
or potential effect of such proposal on the privacy and other personal 
or property rights of individuals of the disclosure of information 
relating to such individuals.


   Sec. 51-8.502   Federal Register notice of establishment of new 
   system or alteration of existing system.

  (a) When the Executive Director receives notice that the Senate, the 
House of Representatives, and the Office of Management and Budget do not 
object to the establishment of a new system of records, or the 
alteration of an existing system of records, or
  (b) When no fewer than 30 days elapse from the submission of the 
proposal to the Senate, the House of Representatives, and the Office of 
Management and Budget, without receipt by the Executive Director of an 
objection to the proposal, then a notice shall be published in the 
Federal Register of the proposed establishment or alteration of a system 
of records. The notice shall include all of the information required to 
be provided by the Privacy Act of 1974, and such other information as 
deemed necessary.


   Sec. 51-8.503   Effective date of new systems of records or 
   alteration of an existing system of records.

  Systems of records proposed to be established or altered in accordance 
with the provision of the subpart shall be effective no sooner than 30 
days from the publication of notice required by Sec. 51-8.502.

Subpart 51-8.6--Exemptions [Reserved]

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


   Sec. 51-8.701   Committee rules of conduct.

  (a) Every Committee member and employee who is involved in the design, 
development, operation, or maintenance of a system of records, or who 
has access to a system of records, shall familiarize himself with the 
requirements of the Privacy Act of 1974 (5 U.S.C. 552a) and the 
Committee regulations and orders issued thereunder and apply these 
requirements to all systems of records.
  (b) No Committee member or employee shall disclose any record which is 
contained in a system of records by any means of communication to any 
person, or to another agency, except pursuant to a written request by, 
or with the prior written consent of the individual to whom the record 
pertains, unless the disclosure would be to a recipient specified in 
paragraph (c) of this section. 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 education, 
financial transactions, medical history, and criminal or employment 
history and that contains his name, or the identifying number, symbol, 
or other identifying particular assigned to the individual, such as a 
finger or voice print or a photograph. The term ``system of records'' 
means a group of any records under the control of the Committee 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. The term ``routine use'' means, with respect to the 
disclosure of a record, the use of such record for a purpose which is 
compatible with the purpose for which it was collected. The term 
``individual'' means a citizen of the United States or an alien lawfully 
admitted for permanent residence. The term ``agency'' is defined in 5 
U.S.C. 552a(e).
  (c) An employee may disclose any record which is contained in a system 
of records, without a written request by and without the prior written 
consent of the individual to whom the record pertains, if the disclosure 
would be:
  (1) To those Committee members and employees of the agency which 
maintains the record who have a need for the record in the performance 
of their duties;
  (2) Required under section 552a of Title 5 U.S.C.;
  (3) For a routine use as described in paragraph (b) of this section;
  (4) To the Bureau of the Census for purposes of planning or carrying 
out a census or survey or related activity pursuant to the provisions of 
Title 13 U.S.C.;
  (5) 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;
  (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 United States Government, or for evaluation by the 
Administrator of General Services or his 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 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;
  (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 of his 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.
  (d) No Committee member or employee shall maintain a 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.
  (e) No Committee member or employee shall sell or rent an individual's 
name and address unless such action is specifically authorized by law.
  (f) A Committee member or employee, who by virtue of his employment or 
official position, has possession of, or access to, agency records which 
contain individually identifiable information the disclosure of which is 

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