Home > 1997 Privacy Act Documents > Privacy Act: [CRC--005] Information on Commissioners, Staff and State Advisory Committee Members, Past and Present....

Privacy Act: [CRC--005] Information on Commissioners, Staff and State Advisory Committee Members, Past and Present....


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       For all categories of individuals covered, records include 
   mailing addresses and home addresses, travel requests and travel 
   vouchers where appropriate, statements of per diem and expense 
   allowances.
       Official travel records for the Commission are maintained by the 
   General Services Administration.
     Authority for maintenance of the system: 42 U.S.C. 1975d(a), 
   Federal Personnel Manual and Treasury Fiscal Requirements Manual.
     Routine uses of records maintained in the system, including 
   categories of users and the purposes of such uses: Relevant records 
   in this system are referred to the General Services Administration 
   for preparation of payroll; to meet government payroll recordkeeping 
   and reporting requirements; and for retrieving and supplying payroll 
   and leave information as required for agency needs. Travel records or 
   vouchers may be used for purposes of providing reimbursements to 
   covered individuals for travel expenses and/or record of official 
   travel. Relevant records in this system may be referred as a routine 
   use, to the Department of Justice or other appropriate Federal agency 
   for investigating or prosecuting any violation of any Federal law or 
   requirement thereunder.
       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.
       Routine uses of records maintained in this system shall include 
   providing a copy of an employee's Department of the Treasury Form W-
   2, Wage and Tax Statement, to the State, city, or other local 
   jurisdiction which is authorized to tax the employee's compensation. 
   The record will be provided in accordance with a withholding 
   agreement between the State, city, or other local jurisdiction and 
   the Department of the Treasury pursuant to 5 U.S.C. 5516, 5517, or 
   5520, or in the absence thereof, in response to a written request 
   from an appropriate official of the taxing jurisdiction to the 
   Director, Office of Management, U.S. Commission on Civil Rights, who 
   will forward the request to the General Services Administration for 
   appropriate action. The request must include a copy of the applicable 
   statute or ordinance aurhorizing the taxation of compensation and 
   should indicate whether the authority of the jurisdiction to tax the 
   employee is based on place of residence, place of employment, or 
   both.
       Pursuant to a withholding agreement between a city and the 
   Department of the Treasury (5 U.S.C. 5520), copies of executed city 
   tax withholding certificates shall be furnished the city in response 
   to a written request from an appropriate city official to the 
   Director, Office of Management, U.S. Commission on Civil Rights, who 
   will forward the request to the General Services Administration for 
   appropriate action.
     Policies and practices for storing, retrieving, accessing, 
   retaining, and disposing of records in the system:
     Storage:
       Maintained in individual folders for each category of individuals 
   covered.
     Retrievability:
       Files are maintained in alphabetical order by category and by 
   name.
     Safeguards:
       Maintained in areas to which access is controlled by or 
   restricted to Commission management personnel.
     Retention and disposal:
       In accordance with General Services Administration requirements 
   for financial/ payroll/travel related records.
     System manager(s) and address: 
         Budget and Finance Officer
         Office of Management
         U.S. Commission on Civil Rights
         1121 Vermont Avenue, NW
         Washington, DC 20425
     Notification procedure: 
         Office of General Counsel
         U.S. Commission on Civil Rights
         1121 Vermont Avenue, NW
         Washington, DC 20425
     Record access procedures: Same as above with appeal to the Staff 
   Director.
     Record source categories: Provided by Civil Rights Commission 
   employees and all categories of individuals covered.

   #.CIVIL RIGHTS COMMISSION


Title 45-Public Welfare

Chapter VIII-Commission on Civil Rights

PART 705--MATERIALS AVAILABLE PURSUANT TO 5 U.S.C. 552a

Sec.

705.1  Purpose and scope.
705.2  Definitions.
705.3  Procedures for requests pertaining to individual records in a 
    system of records.
705.4  Times, places, and requirements for identification of individuals 
    making requests and identification of records requested.
705.5  Disclosure of requested information to individuals.
705.6  Request for correction or amendment to record.
705.7  Agency review of request for correction or amendment of the 
    record.
705.8  Appeal of an initial adverse agency determination.
705.9  Disclosure of records to a person other than the individual to 
    whom the record pertains.
705.10  Fees.
705.11  Penalties.
705.12  Special procedures: Information furnished by other agencies.
705.13  Exemptions.
705.95  Accounting of the disclosures of records.

  Authority: Secs. 101-106, 71 Stat. 634-636 as amended (42 U.S.C. 1975-
1975c) 5 U.S.C. 552a.

  Source: 40 FR 45727, Oct. 2, 1975, unless otherwise noted. 
Redesignated at 44 FR 75152, Dec. 19, 1979.

  Editorial note: Nomenclature changes affecting this part appear at 44 
FR 75152, Dec. 19, 1979.


   Sec. 705.1   Purpose and scope.

  (a) The purpose of this part is to set forth rules to inform the 
public regarding information maintained by the Commission on Civil 
Rights about identifiable individuals and to inform those individuals 
how they may gain access to and correct or amend information about 
themselves.
  (b) The rules in this part carry out the requirements of the Privacy 
Act of 1974 (Pub. L. 93-579) and in particular 5 U.S.C. 552a as added by 
that Act.
  (c) The rules in this part apply only to records disclosed or 
requested under the Privacy Act of 1974, and not to requests for 
information made pursuant to the Freedom of Information Act, 5 U.S.C. 
552.


   Sec. 705.2   Definitions.

  For the purpose of this regulation:
  (a) The terms ``Commission'' and ``agency'' mean the U.S. Commission 
on Civil Rights;
  (b) The term ``individual'' means a citizen of the United States or an 
alien lawfully admitted for permanent residence;
  (c) The term ``maintain'' includes maintain, collect, use, or 
disseminate;
  (d) The term ``record'' means any item, collection, or grouping of 
information about an individual that is maintained by the Commission, 
including, but not limited to, his or her education, financial 
transactions, medical history, and criminal or employment history and 
that contains his or her name, or the identifying number, symbol, or 
other identifying particular assigned to the individual;
  (e) The term ``system record'' means a group of any records under the 
control of the Commission from which information may be retrieved by the 
name of the individual or by some identifying number, symbol, or other 
identifying particular assigned to that individual;
  (f) The term ``statistical record'' means a record in a system of 
records maintained for statistical research or reporting purposes only 
and not used in whole or in part in making any determination about an 
identifiable individual, except as provided in section 8 of title 13; 
and
  (g) 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.
  (h) For purposes of these Rules, a ``confidential source'' means a 
source who furnished information to the Government under an express 
promise that the identity of the source would remain confidential, or, 
prior to September 27, 1975, under an implied promise that the identity 
of the source would be held in confidence.


   Sec. 705.3   Procedures for requests pertaining to individual records 
   in a system of records.

  (a) An individual seeking notification of whether a system of records 
contains a record pertaining to him or her or an individual seeking 
access to information or records pertaining to him or her which is 
available under the Privacy Act of 1974, shall present his or her 
request in person or in writing to the Solicitor of the Commission.
  (b) In addition to meeting the requirements set forth in Sec. 705.4(c) 
or (d), any person who requests information under these regulations 
shall provide a reasonably specific description of the information 
sought so that it may be located without undue search or inquiry. If 
possible, that description should include the nature of the records 
sought, the approximate dates covered by the record, and, if known by 
the requester, the system in which the record is thought to be included. 
Requested information that is not identified by a reasonably specific 
description is not an identifiable record, and the request for that 
information cannot be treated as a formal request.
  (c) If the description is insufficient, the agency will notify the 
requester and, to the extent possible, indicate the additional 
information required. Every reasonable effort shall be made to assist a 
requester in the identification and location of the record or records 
sought.

[40 FR 45727, Oct. 2, 1975, as amended by 42 FR 12046, Mar 2, 1977. 
Redesignated at 44 FR 75152, Dec. 19, 1979]


   Sec. 705.4   Times, places, and requirements for identification of 
   individuals making requests and identification of records requested.

  (a) The Solicitor is the designated Privacy Act Officer for the 
Commission.
  (b) An individual making a request to the Solicitor in person may do 
so at the Commission's headquarters office, 1121 Vermont Avenue, NW, 
Washington, DC 20425, on any business day during business hours. Persons 
may also appear for purposes of identification only, at any of the 
regional offices of the Commission on any business day during business 
hours. Regional offices are located as follows:

Region I: U.S. Commission on Civil Rights, 55 Summer Street, 8th Floor, 
    Boston, Massachusetts 02110, (617) 223-4671 (8:45 a.m.-5:30 p.m.)
Region II: U.S. Commission on Civil Rights, 28 Federal Plaza, Room 1639, 
    New York, N.Y. 10007, (212) 264-0543 (9 a.m.-5:30 p.m.)
Region III: U.S. Commission on Civil Rights, 2120 L Street, NW, Room 
    510, Washington, DC 20037, (202) 254-6670 (8:45 a.m.-5:30 p.m.)
Region IV: U.S. Commission on Civil Rights, Citizens Trust Bank 
    Building, 75 Piedmont Avenue, NE, Atlanta, Georgia 30303, (404) 221-
    4344 (9 a.m.-5:30 p.m.)
Region V: U.S. Commission on Civil Rights, 230 South Dearborn Street, 
    32nd floor, Chicago, Illinois 60604, (312) 353-7371 (8:45 a.m.-5:30 
    p.m.)
Region VI: U.S. Commission on Civil Rights, Heritage Plaza, 418 South 
    Main, First Floor, San Antonio, Texas 78204, (512) 225-4810 (8:45 
    a.m.-5:30 p.m.)
Region VII: U.S. Commission on Civil Rights, 911 Walnut Street, Kansas 
    City, Missouri 64106 (816) 374-5253 (8 a.m.-5:30 p.m.)
Region IX: U.S. Commission on Civil Rights, 312 Notrh Spring Street, 
    Room 1015, Los Angeles, California 90012, (213) 688-5705 (8:45 a.m.-
    5 p.m.)
Region X: U.S. Commission on Civil Rights, Federal Building, 915 Second 
    Avenue, Room 2852, Seattle, Washington 98174, (206) 442-1246 (8 
    a.m.-5 p.m.)

  (c) An individual seeking access to records in person may establish 
his or her identity by the presentation of one document bearing a 
photograph (such as a driver's license, passport, or identification card 
or badge) or by the presentation of two items of identification which do 
not bear a photograph, but do bear both a name and address (such as a 
credit card). When identification is made without photographic 
identification the Commission will request a signature comparison to the 
signature appearing on the items offered for identification, whenever 
possible and practical.
  (d) An individual seeking access to records by mail shall establish 
his or her identity by a signature, address, date of birth, and one 
other identification, such as a copy of a driver's license, passport, 
identification card or badge, credit card or other document. The words 
``Privacy Act Request'' should be placed in capital letters on the face 
of the envelope in order to facilitate requests by mail.
  (e) An individual seeking access in person or by mail who cannot 
provide the required documentation of identification may provide a 
notarized statement, swearing or affirming to his or her identity and to 
the fact that he or she understands that there are criminal penalties 
for the making of false statements.
  (f) The parent or guardian of a minor or a person judicially 
determined to be incompetent, in addition to establishing the identity 
of the minor or incompetent person he or she represents as required by 
paragraphs (a) through (c) of this section, shall establish his or her 
own parentage or guardianship by furnishing a copy of a birth 
certificate showing parentage or court order establishing guardianship.
  (g) An individual seeking to review information about himself or 
herself may be accompanied by another person of his or her own choosing. 
In all such cases, the individual seeking access shall be required to 
furnish a written statement authorizing the discussion of his or her 
record in the presence of the accompanying person.

[40 FR 45727, Oct. 2, 1975, as amended at 42 FR 12046, Mar 2, 1977. 
Redesignated at 44 FR 75152, Dec. 19, 1979]


   Sec. 705.5   Disclosure of requested information to individuals.

  The Solicitor, or one or more assistants designated by him or her, 
upon receiving a request for notification of the existence of a record, 
or for access to a record shall:
  (a) Determine whether such record exists;
  (b) Determine whether access is available under the Privacy Act;
  (c) Notify the requesting person of those determinations within 10 
(ten) working days (excluding Saturdays, Sundays, and legal public 
holidays); and
  (d) Provide access to information pertaining to that person which has 
been determined to be available.


   Sec. 705.6   Request for correction or amendment to record.

  (a) Any individual who has reviewed a record pertaining to him or her 
that was furnished to him or her under this part may request the agency 
to correct or amend all or part of that record.
  (b) Each individual requesting a correction or amendment shall send 
the request to the Solicitor.
  (c) Each request for a correction or amendment of a record shall 
contain the following information:
  (1) The name of the individual requesting the correction or amendment.
  (2) The name of the system of records in which the record sought to be 
amended is maintained.
  (3) The location of the record system from which the record was 
obtained.
  (4) A copy of the record sought to be amended or a description of that 
record.
  (5) A statement of the material in the record that should be corrected 
or amended.
  (6) A statement of the specific wording of the correction or amendment 
sought.

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