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   Sec. 2100.8  Review of request for amendment.

  (a) A written acknowledgement of the receipt of a request for 
amendment of a record will be provided to the requester within 10 
working days, unless final action regarding approval or denial will 
constitute acknowledgment.
  (b) Where there is a determination to grant all or a portion of a 
request to amend a record, the record shall be promptly amended and the 
requesting individual notified. Individuals, agencies or components 
shown by disclosure accounting records to have received copies of the 
record, or to whom disclosure has been made, will be notified of the 
amendment by the system manager in which the file is located.
  (c) Where there is a determination to deny all or a portion of a 
request to amend a record, a designated official will promptly advise 
the requesting individual of the specifics of the refusal and the 
reasons; and inform the individual that he/she may request a review of 
the denial(s).


   Sec. 2100.9  Appeal of denial to grant access or to amend records.

  (a) All appeals of denial to grant access or to amend records should 
be addressed to the appropriate facility at the following addresses: 
Associate Director, Resource Management, U.S. Soldiers' and Airmen's 
Home, 3700 N. Capitol Street, NW., Washington, DC 20317-0002; or, 
Administrative Services, U.S. Naval Home, 1800 Beach Drive, Gulfport, 
Mississippi 39507-1597. The appeal should be concise and should specify 
the reasons the requester believes that the initial action was not 
satisfactory. If an appeal is denied, the designated official will 
notify the requester of the reason for denial and of the right to 
judicial review pursuant to 5 U.S.C. 552a(g). If an initial denial of a 
request to amend records is upheld, the requestor will also be advised 
of his or her right to file a statement of dispute disagreeing with the 
denial and such statement will be provided to all future users of the 
file.
  (b) If the designated official decides to amend the record, the 
requester and all previous recipients of the disputed information will 
be notified of the amendment. If the appeal is denied, the designated 
official will notify the requester of the reason of the denial, of the 
requester's right to file a statement of dispute disagreeing with the 
denial, that such statement of dispute will be retained in the file, 
that the statement will be provided to all future users of the file, and 
that the requester may file suit in a Federal district court to contest 
the decision not to amend the record.
  (c) The designated official will respond to all appeals within 30 
working days or will notify the requester of an estimated date of 
completion if the 30 day limit cannot be met.


   Sec. 2100.10  Conditions of disclosure and accounting of certain 
   disclosures.

  No record containing personally identifiable information within an 
AFRH system of records shall be disclosed by any means to any person or 
agency outside the AFRH, except by written request or prior written 
consent of the individual subject of the record, or as provided for in 
the Privacy Act of 1974, as amended, unless when such disclosure is:
  (a) To those officers and employees of the agency which maintains the 
record and who have a need for the record in the performance of their 
duties;
  (b) Required under 5 U.S.C. 552;
  (c) For a routine use of the record compatible with the purpose for 
which it was collected;
  (d) To the Bureau of the Census for purposes of planning or carrying 
out a census or survey or related activity pursuant to 13 U.S.C.;
  (e) To a recipient who has provided the AFRH 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;
  (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 U.S. Government or for evaluation by the Archivist 
of the United States, or his/her designee, to determine whether the 
record has such value;
  (g) 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;
  (h) 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;
  (i) 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;
  (j) To the Comptroller General, or any authorized representatives, in 
the course of the performance of the duties of the General Accounting 
Office;
  (k) Pursuant to the order of a court of competent jurisdiction; or
  (l) To a consumer reporting agency in accordance with 31 U.S.C. 
3711(f).


   Sec. 2100.11  Penalties.

  (a) An individual may bring a civil action against the AFRH to correct 
or amend the record, or where there is a refusal to comply with an 
individual request or failure to maintain any record with accuracy, 
relevance, timeliness and completeness, so as to guarantee fairness, or 
failure to comply with any other provision of the Privacy Act. The court 
may order correction or amendment of records. The court may enjoin the 
AFRH from withholding the records and order the production of the 
record.
  (b) Where it is determined that the action was willful or intentional 
with respect to 5 U.S.C. 552a(g)(1)(C) or (D), the United States may be 
liable for the actual damages sustained.
  (c) Criminal penalties may be imposed against an officer or employee 
of the USSAH or USNH who discloses material, which he/she knows is 
prohibited from disclosure, or who willfully maintains a system of 
records without compliance with the notice requirements.
  (d) Criminal penalties may be imposed against any person who knowingly 
and willfully requests or obtains any record concerning another 
individual from an agency under false pretenses.
  (e) All of these offenses are misdemeanors with a fine not to exceed 
$5,000.


   Sec. 2100.12  Accounting of disclosure.

  (a) The AFRH or agency will maintain a record of disclosures in cases 
where records about the individual are disclosed from a system of 
records except--
  (1) When the disclosure is made pursuant to the Freedom of Information 
Act, 5 U.S.C. 552, as amended; or
  (2) When the disclosure is made to those officers and employees of the 
AFRH who have a need for the record in the performance of their duties.
  (b) This accounting of the disclosures will be retained for a least 5 
years or for the life of the record, whichever is longer, and will 
contain the following information:
  (1) A brief description of the record disclosed;
  (2) The date, nature, and purpose for the disclosure; and,
  (3) The name and address of the person, agency, or other entity to 
whom the disclosure is made.
  (c) Except for the accounting of disclosure made to agencies, 
individuals, or entities in law enforcement activities or disclosures 
made from the AFRH exempt systems of records, the accounting of 
disclosures will be made available to the data subject upon request in 
accordance with the access procedures of this part.


   Sec. 2100.13  Specific exemptions.

  Subsection (k) of 5 U.S.C. 552a authorizes the AFRH to adopt rules 
designating eligible system of records as exempt from certain 
requirements of 5 U.S.C. 552a. To be eligible for a specific exemption 
under the authority of 5 U.S.C. 552a(k), the pertinent records within a 
designated system must contain one or more of the following:
  (a) Investigative records compiled for law enforcement purposes. If 
this information has been used to deny someone a right however, the AFRH 
must release it unless doing so would reveal the identify of a 
confidential source ((k)(2) exemption).
  (b) Records used only for statistical, research, or other evaluation 
purposes, and which are not used to make decisions on the rights, 
benefits, or privileges of individuals, except as permitted by 13 U.S.C. 
8 (Use of census data) ((k)(4) exemption).
  (c) Data compiled to determine suitability, eligibility, or 
qualifications for Federal service, Federal contracts, or access to 
classified information. This information may be withheld only if 
disclosure would reveal the identity of a confidential source ((k)(5) 
exemption).
  (d) Test or examination material used solely to determine individual 
qualifications for appointment or promotion in the Federal service, the 
disclosure of which would compromise the objectivity or fairness of the 
testing or examination process ((k)(6) exemption).

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