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Privacy Act: [CFA--2] Personnel Administration--CFA....


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[2001 Privacy Act]
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   #.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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