Home > 1997 Privacy Act Documents > Privacy Act: [CFA--2] Personnel Administration--CFA....Privacy Act: [CFA--2] Personnel Administration--CFA....
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[2001 Privacy Act]
[From the U.S. Government Printing Office via GPO Access]
#.COMMISSION ON FINE ARTS
#..TABLE OF CONTENTS
CFA-1 Members of the Commission of Fine Arts and the Board of
Architectural Consultants for Old Georgetown.
CFA-2 Personnel Administration.
#..CFA--1
#....System name: Members of the Commission of Fine Arts and the
Board of Architectural Consultants for Old Georgetown--CFA.
Security classification: None.
System location: Commission of Fine Arts offices, 708 Jackson
Place, NW, Washington, DC 20006.
Categories of individuals covered by the system: Presidentially-
appointed members of the Commission of Fine Arts and Commission-
appointed members of the Board of Architectural Consultants for Old
Georgetown.
Categories of records in the system: These records contain self-
supplied biographical data; relevant newspaper and periodical
clippings; appointed affidavits; appointment, acceptance,
resignation, and other related correspondence.
Authority for maintenance of the system: An Act Establishing a
Commission of Fine Arts, Pub. L. 181, 61st Congress, H.R. 19962, 40
U.S.C. 104, 36 Stat. 371; Old Georgetown Act, Pub. L. 808, 81st
Congress, H.R. 5660, 40 U.S.C. 121, 53 Stat. 1144.
Routine uses of records maintained in the system, including
categories of users and the purposes of such uses: These records are
routinely used for research and reference purposes, both in-house and
for other government agencies and the general public.
Policies and practices for storing, retrieving, accessing,
retaining, and disposing of records in the system:
Storage: Current records are stored in files in the second floor
offices of the Commission and past records are stored in files in the
basement file room of the Commission.
Retrievability: Records are arranged alphabetically by last name
under the general headings of ``FAA (Fine Arts Act)-CFA (Commission
of Fine Arts)-Members'' and ``FAA-OGB (Old Georgetown Board)-
Member''.
Safeguards: Access to the basement file room is limited to
Commission staff members or individuals escorted by a staff member;
access to second floor files is under surveillance by the Commission
staff as all visitors must be individually admitted at the front door
and are greeted by a staff member.
Retention and disposal: Records are maintained on the premises at
708 Jackson Place, NW, Washington, DC 20006, until such time as a
determination is made to transfer them to the National Records
Center; they are maintained there under the same retrievability
system until such time as determination is made to transfer them to
the National Archives or that they be destroyed.
System manager(s) and address: Secretary, Commission of Fine Arts,
708 Jackson Place, NW, Washington, DC 20006.
Notification procedure: Requests to be notified whether or not the
system contains a record pertaining to an individual should be
addressed to the Secretary, Commission of Fine Arts, 708 Jackson
Place, NW, Washington, DC 20006.
Record access procedures: Same as above.
Contesting record procedures: Same as above.
Record source categories: Information obtained from individual to
whom it pertains; newspapers, periodicals, and other publications;
official correspondence to and of the Commission of Fine Arts.
Systems exempted from certain provisions of the act: Not
applicable.
#..CFA--2
#....System name: Personnel Administration--CFA.
Security classification: None.
System location: Commission of Fine Arts offices, 708 Jackson
Place, NW, Washington, DC 20006.
Categories of individuals covered by the system: Employees, past
and present, of the Commission of Fine Arts.
Categories of records in the system: These records may contain
employee time and attendance records; annual and sick leave records;
personnel grievances; EEO discrimination complaints; Privacy Act
implementation records; and other personnel administrative records
which are not part of the personnel data maintained by the Civil
Service Commission.
Authority for maintenance of the system: An Act Establishing a
Commission of Fine Arts, Pub. L. 181, 61st Congress, H.R. 19962, 40
U.S.C. 104, 36 Stat. 371.
Routine uses of records maintained in the system, including
categories of users and the purposes of such uses: Except for
disclosures to officers or employees of the Commission of Fine Arts
in connection with the performance of their official duties for the
agency, there are no routine uses.
Policies and practices for storing, retrieving, accessing,
retaining, and disposing of records in the system:
Storage: These records are stored in the office safe in the
basement file room of the offices of the Commission.
Retrievability: Records are arranged alphabetically by last name
under the subheadings Time and Attendance Records; Annual and Sick
Leave Records; Personnel Grievances; EEO Discrimination Complaint
Records; Privacy Act Implementation Records; and, in all other cases,
on the left side of the employee's Official Personnel Folder, also
maintained alphabetically by last name in the office safe.
Safeguards: Access to the combination of the office safe is limited
to the Secretary and the Assistant Secretary of the Commission, and
all records retrieved from this record system will be retrieved by
them.
Retention and disposal: Same as CFA--1 above.
System manager(s) and address: Secretary, Commission of Fine Arts,
708 Jackson Place, NW, Washington, DC 20006.
Notification procedure: Requests to be notified whether or not the
system contains a record pertaining to an individual should be
addressed to: Secretary, Commission of Fine Arts, 708 Jackson Place,
NW, Washington, DC 20006.
Record access procedures: Same as above.
Contesting record procedures: Same as above.
Record source categories: Inter-and intra-office memos and
correspondence from the individual to whom it pertains, the
Secretary, the Chairman, the General Counsel, the Department of the
Interior, the Civil Service Commission, and any other relevant
source; bi-weekly time and attendance reports; and bi-weekly payroll
statements to employees.
Systems exempted from certain provisions of the act: Not
applicable.
#.FINE ARTS COMMISSION
COMMISSION OF FINE ARTS
45 CFR PART 2106--RULES FOR COMPLIANCE WITH 5 U.S.C. 552a, THE
PRIVACY ACT OF 1974
Sec.
2106.1 Rules for determining if an individual is the subject of a
record.
2106.2 Requests for access.
2106.3 Access to the accounting of disclosures from records.
2106.4 Requests for copies of records.
2106.5 Requests to amend records.
2106.6 Request for review.
2106.7 Schedule of fees.
Authority: Pub. L. 93-579, 88 Stat. 1896 (5 U.S.C. 552a(f)).
Source: 40 FR 52369, Nov. 10, 1975. Redesignated and amended at 51 FR
23056, Jun. 25, 1986, unless otherwise noted.
Editorial Note: The regulations in this part 2106 were formerly codified
in 36 CFR part 1002.
Sec. 2106.1 Rules for determining if an individual is the subject
of a record.
(a) Individuals desiring to know if a specific system of records
maintained by the Commission of Fine Arts contains a record pertaining
to them should address their inquiries to the Secretary, Commission of
Fine Arts, 708 Jackson Place, NW, Washington, DC 20006. The written
inquiry should contain a specific reference to the system of records
maintained by CFA listed in the CFA Notices of Systems of Records or it
should describe the type of record in sufficient detail to reasonably
identify the system of records. Notice of CFA Systems of Records will be
made in the Federal Register and copies of the notices will be available
upon request to the Secretary when so published. A compilation of such
notices will also be made and published by the Office of the Federal
Register in accordance with section 5 U.S.C. 552a(f).
(b) At a minimum, the request should contain sufficient identifying
information to allow CFA to determine if there is a record pertaining to
the individual making the request in a particular system of records. In
instances where identification is insufficient to insure disclosure to
the individual to whom the information pertains in view of the
sensitivity of the information, CFA reserves the right to solicit from
the requester additional identifying information.
(c) Ordinarily the requester will be informed whether the named system
of records contains a record pertaining to the requester within 10 days
of the receipt of such a request (excluding Saturdays, Sundays, and
legal Federal holidays). Such a response will also contain or reference
the procedures which must be followed by the individual making the
request in order to gain access to the record.
(d) Whenever a response cannot be made within 10 days, the Secretary
will inform the requester of the reasons for the delay and the date by
which a response may be anticipated.
Sec. 2106.2 Requests for access.
(a) Requirement for written requests. Individuals desiring to gain
access to a record pertaining to them in a system of records maintained
by CFA must submit their request in writing in accordance with the
procedures set forth in paragraph (b) of this section.
(b) Procedures. (1) Content of the request. The request for access to
a record in a system of records shall be addressed to the Secretary, at
the address cited above; and shall name the system of records or contain
a description (as concise as possible) of such system of records. The
request should state that the request is pursuant to the Privacy Act of
1974. In the absence of such a statement, if the request is for a record
pertaining to the requester maintained by CFA in a system of records,
the request will be presumed to be made under the Privacy Act of 1974.
The requester should include any other information which may assist in
the rapid identification of the record for which access is being
requested (e.g., maiden name, dates of employment, etc.).
(2) Requirements for identification will normally be limited to the
presentation of any standard picture and signature or signature
identification card, such as driver's license, so that a comparison of
the signature and the signature on the original request may be made. The
appearing individual will be read paragraph (3), subsection (i) to Title
5 U.S.C. 552a which specifies the penalty for knowingly or willfully
requesting or obtaining a record concerning an individual from an agency
under false pretenses and asked to sign a statement attesting to the
fact that he or she understands the paragraph and that he or she is, in
fact, the individual who made the request (or the individual authorized
to receive the disclosure by the requesting individual). This signature
will be compared with the other two. If the appearing individual is
other than the requesting individual, then he or she must also present a
letter of introduction signed by the requesting individual so that the
comparison of signature may be made.
(c) CFA action on request. (1) A request for access will ordinarily be
answered within 10 days (excluding Saturdays, Sundays, and legal Federal
holidays), except when the Secretary determines otherwise, in which case
the requester will be informed of the reason for the delay and an
anticipated date by which the request will be answered. When the request
can be answered within 10 days, it shall include the following:
(i) A statement that there is a record as requested or a statement
that there is not a record in the system of records maintained by CFA;
(ii) A statement as to whether access will be granted only by
providing a copy of the record through the mail; or the address of the
location and the date and time at which the record may be examined. In
the event the requester is unable to meet the specified date and time,
alternate arrangements may be made with the official specified in
paragraph (b)(1) of this section;
(iii) A statement, when appropriate, that examination in person will
be the sole means of granting access only when the Secretary has
determined that it would not unduly impede the requester's right of
access;
(iv) The amount of fees charged, if any (see Secs. 2106.4 and 2106.7);
and
(v) The name, title, and telephone number of the CFR official having
operational control over the record.
(A) Access by the parent of a minor, or legal guardian. A parent of a
minor, upon presenting suitable personal identification, may access on
behalf of the minor any record pertaining to the minor maintained by CFA
in a system of records. A legal guardian may similarly act on behalf of
an individual declared to be incompetent due to physical or mental
incapacity or age by a court of competent jurisdiction, upon the
presentation of documents authorizing the legal guardian to so act; and
upon suitable personal identification of the guardian.
(B) Granting access when accompanied or represented by another
individual. When an individual requesting access to his or her record in
a system of records maintained by CFA wishes to be accompanied or
represented by another individual during the course of the examination
of the record, the individual making the request shall submit to the
official having operational control of the record a signed statement
authorizing that person access to the record.
(C) Access in response to congressional inquiries. Disclosure may be
made to a congressional office from the record of an individual in
response to an inquiry from the congressional office made at the request
of that individual.
(vi) Medical records. The records in a system of records which are
medical records shall be disclosed to the individual in such a manner
and following such procedures as the Secretary shall direct. When CFA,
in consultation with a physician, determines that the disclosure of
medical information could have an adverse effect upon the individual to
whom it pertains, CFA may transmit such information to a physician named
by the individual.
(vii) Exceptions. Nothing in this section shall be construed to
entitle an individual the right to access to any information compiled in
reasonable anticipation of a civil action or proceeding.
[40 FR 52369, Nov. 10, 1975, as amended at 41 FR 2385, Jan. 16, 1976]
Sec. 2106.3 Access to the accounting of disclosures from records.
Rules governing the granting of access to the accounting of
disclosures are the same as those for granting access to the records
outlined in Sec. 2106.2 of this part.
Sec. 2106.4 Requests for copies of records.
Rules governing requests for copies of records are the same as those
for the granting of access to the records outlined in Sec. 2106.2 of
this part (see also Sec. 2106.7 for rules regarding fees).
Sec. 2106.5 Requests to amend records.
(a) Requirements for written requests. Individuals desiring to amend a
record that pertains to them in a system of records maintained by CFA
must submit their request in writing in accordance with the procedures
set forth herein unless the requirement is waived by the official having
responsibility for the system of records. Records not subject to the
Privacy Act of 1974 will not be amended in accordance with these
provisions; however, individuals who believe that such records are
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