Implementation of the Privacy Act of 1974

SUMMARY: The Corporation for National and Community Service

(hereinafter the ``Corporation'') revises its regulations under the

Privacy Act. The Corporation seeks to redesignate its existing

regulations under former ACTION's CFR chapter as updated regulations

under the Corporation's CFR chapter. The Corporation expects this

proposed rule will promote consistency in its processing of Privacy Act

requests by setting forth the basic policies of the Corporation

governing the maintenance of its system of records which contains the

personal information of its employees.

DATES: Comments must be received by the Corporation no later than April

5, 1999.

ADDRESSES: Comments may be mailed to the Corporation for National and

Community Service, Office of General Counsel, Attn: Bill Hudson,

Corporation Privacy Act Officer, Room 8200, 1201 New York Avenue, NW,

Washington, DC 20525.

FOR FURTHER INFORMATION CONTACT: Bill Hudson, Corporation Privacy Act

Officer, at (202) 606-5000, ext. 265.

SUPPLEMENTARY INFORMATION: The Corporation is a wholly-owned government

corporation created by Congress to administer programs established

under the national service laws. The Corporation operates under two

statutes, the National and Community Service Act of 1990, as amended,

42 U.S.C. 12501 et seq., and the Domestic Volunteer Service Act of

1973, as amended, 42 U.S.C. 4950 et seq.

The functions of the ACTION agency were transferred to the

Corporation on April 4, 1994. This proposed Privacy Act rule

redesignates ACTION's policy at 45 CFR Chapter XII, part 1224, to be

revised as 45 CFR Chapter XXV, part 2508, and governs the Corporation

as a whole. The Distribution Table in the Preamble compares the earlier

version of CFR part numbers under 45 Chapter XII, part 1224, with the

new CFR part numbers assigned under 45 Chapter XXV, part 2508. The

subjects listed in 45 CFR Chapter XII, part 1224, are revised and

redesignated under 45 CFR Chapter XXV, part 2508, to reflect the new

subject listings. The redesignated subpart numbers under 45 CFR Chapter

XXV, part 2508, are written in a plain language format as questions/

answers to provide for a better understanding of the Corporation's

revised Privacy Act regulation.

Regulatory Flexibility Act

I certify that this regulation will not have a significant economic

impact on a substantial number of small entities.

Executive Order 12866

This regulation has been drafted and reviewed in accordance with

Executive Order 12866. The Office of Management and Budget has reviewed

this rule and has determined that this rule is not a ``significant

regulatory action'' under Executive Order 12866, section 3(f),

Regulatory Planning and Review.

Paperwork Reduction Act

I certify that this regulation does not require additional

reporting under the criteria of the Paperwork Reduction Act of 1980.

Unfunded Mandates Reform Act of 1995

This regulation will not result in the expenditure by State, local,

and tribal governments, in the aggregate, or by the private sector, of

$100,000,000 or more in any one year, and it will not significantly or

uniquely affect small governments. Therefore, no actions are deemed

necessary under the provisions of the Unfunded Mandates Reform Act of

1995.

Small Business Regulatory Enforcement Fairness Act of 1996

This rule is not a major rule as defined by section 804 of the

Small Business Regulatory Enforcement Fairness Act of 1996. This rule

will not result in an annual effect on the economy of $100,000,000 or

more; a major increase in costs or prices; or significant adverse

effects on competition, employment, investment, productivity,

innovation, or on the ability of United States-based companies to

compete with foreign-based companies in domestic and export markets.

Submission to Congress and the Office of Management and Budget

This proposed rule is hereby submitted pursuant to 5 U.S.C. 552a(f)

for printing in the Federal Register. A copy has been sent to the

Chairman of the Committee on Government Reform and Oversight of the

House of Representatives; the Chairman of the Committee on Governmental

Affairs of the Senate; and the Administrator, Office of Information and

Regulatory Affairs, Office of Management and Budget, in accordance with

5 U.S.C. 552a(e)(4) and (a)(r).

Distribution Table

------------------------------------------------------------------------

New 45 CFR

Old 45 CFR Part 1224 Part 2508

------------------------------------------------------------------------

1224.1-1.................................................. 2508.2

1224.1-2.................................................. 2508.3

1224.1-3.................................................. 2508.1

1224.1-4.................................................. 2508.4

1224.1-5.................................................. 2508.5

1224.1-5a................................................. 2505.6

1224.1-6.................................................. 2508.7

1224.1-7.................................................. None

1224.1-8.................................................. 2508.8

1224.1-9.................................................. 2508.9

1224.1-10................................................. 2508.10

1224.1-11................................................. 2508.11

1224.1-12................................................. 2508.12

1224.1-13................................................. 2508.13

1224.1-14................................................. 2508.19

1224.1-15................................................. 2508.14

1224.1-16................................................. 2508.15

1224.1-17................................................. 2508.16

1224.1-18................................................. 2508.17

1224.1-19................................................. None

None...................................................... 2508.18

None...................................................... 2508.20

------------------------------------------------------------------------

List of Subjects in 45 CFR Parts 1224 and 2508

Privacy.

Accordingly, and under the authority of 42 U.S.C. 12501 et seq.,

and 42 U.S.C. 4950 et seq., the Corporation proposes to amend 45 CFR

chapters XII and XXV as follows:

PART 1224--[REDESIGNATED AS PART 2508]

1. Part 1224 in 45 CFR chapter XII is redesignated as part 2508 in

45 CFR chapter XXV and is revised to read as follows:

PART 2508--IMPLEMENTATION OF THE PRIVACY ACT OF 1974

Sec.

2508.1 Definitions.

2508.2 What is the purpose of this part?

2508.3 What is the Corporation's Privacy Act policy?

2508.4 When can Corporation records be disclosed?

2508.5 When does the Corporation publish its notice of its system

of records?

2508.6 When will the Corporation publish a notice for new routine

uses of information in its system of records?

2508.7 To Whom does the Corporation provide reports to regarding

changes in its system of records?

2508.8 Who is responsible for establishing the Corporation's rules

of conduct for Privacy Act compliance?

[[Page 10873]]

2508.9 What officials are responsible for the security, management

and control of Corporation record keeping systems?

2508.10 Who has the responsibility for maintaining adequate

technical, physical, and security safeguards to prevent unauthorized

disclosure or destruction of manual and automatic record systems?

2508.11 How shall offices maintaining a system of records be

accountable for those records to prevent unauthorized disclosure of

information?

2508.12 What are the contents of the systems of records that are to

be maintained by the Corporation?

2508.13 What are the procedures for acquiring access to Corporation

records by an individual about whom a record is maintained?

2508.14 What are the identification requirements for individuals

who request access to records?

2508.15 What are the procedures for requesting inspection of,

amendment or correction to, or appeal of an individual's records

maintained by the Corporation other than that individual's official

personnel file?

2508.16 What are the procedures for filing an appeal for refusal to

amend or correct records?

2508.17 When shall fees be charged and at what rate?

2508.18 What are the penalties for obtaining a record under false

pretenses?

2508.19 What Privacy Act exemptions or control of systems of

records are exempt from disclosure?

2508.20 What are the restrictions regarding the release of mailing

lists?

Authority: 5 U.S.C. 552a; 42 U.S.C. 12501 et seq; 42 U.S.C. 4950

et seq.

Sec. 2508.1 Definitions

(a) Amend means to make a correction to, or expunge any portion of,

a record about an individual which that individual believes is not

accurate, relevant, timely, or complete.

(b) Appeal Officer means the individual delegated the

responsibility to act on all appeals filed under the Privacy Act.

(c) Chief Executive Officer means the Head of the Corporation.

(d) Corporation means the Corporation for National and Community

Service.

(e) Individual means any citizen of the United States or an alien

lawfully admitted for permanent residence.

(f) Maintain means to collect, use, store, disseminate or any

combination of these record-keeping functions; exercise of control over

and therefore, responsibility and accountability for, systems of

records.

(g) Personnel record means any information about an individual that

is maintained in a system of records by the Corporation that is needed

for personnel management or processes such as staffing, employment

development, retirement, grievances, and appeals.

(h) Privacy Act Officer means the individual delegated the

authority to allow access to, the release of, or the withholding of

records pursuant to an official Privacy Act request. The Privacy Act

Officer is further delegated the authority to make the initial

determination on all requests to amend records.

(i) Record means any document or other information about an

individual maintained by the agency whether collected or grouped, and

including, but not limited to, information regarding education,

financial transactions, medical history, criminal or employment

history, or any other personal information that contains the name or

other personal identification number, symbol, etc. assigned to such

individual.

(j) 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.

(k) System of records means a group of any records under the

maintenance and control of the Corporation from which information is

retrieved by use of the name of an individual or by some personal

identifier of the individual.

Sec. 2508.2 What is the purpose of this part?

The purpose of this part is to set forth the basic policies of the

Corporation governing the maintenance of its system of records which

contains personal information concerning its employees as defined in

the Privacy Act (5 U.S.C. 552a). Records included in this part are

those described in aforesaid act and maintained by the Corporation and/

or any component thereof.

Sec. 2508.3 What is the Corporation's Privacy Act policy?

It is the policy of the Corporation to protect, preserve, and

defend the right of privacy of any individual about whom the

Corporation maintains personal information in any system of records and

to provide appropriate and complete access to such records including

adequate opportunity to correct any errors in said records. Further, it

is the policy of the Corporation to maintain its records in such a

manner that the information contained therein is, and remains material

and relevant to the purposes for which it is received in order to

maintain its records with fairness to the individuals who are the

subjects of such records.

Sec. 2508.4 When can Corporation records be disclosed?

(a) (1) The Corporation will not disclose any record that is

contained in its 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 disclosure of the record would be:

(i) To employees of the Corporation who maintain the record and who

have a need for the record in the performance of their official duties;

(ii) When required under the provisions of the Freedom of

Information Act (5 U.S.C. 552);

(iii) For routine uses as appropriately published in the annual

notice of the Federal Register;

(iv) 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;

(v) To a recipient who has provided the Corporation 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;

(vi) To the National Archives and Records Administration 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 Archivist of the United States or

the designee of the Archivist to determine whether the record has such

value;

(vii) To another agency or to an instrumentality of any

governmental jurisdiction within or under the control of the United

States for 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 Corporation for such records

specifying the particular portion desired and the law enforcement

activity for which the record is sought. Such a record may also be

disclosed by the Corporation to the law enforcement agency on its own

initiative in situations in which criminal conduct is suspected

provided that such disclosure has been established as a routine use or

in situations in which the misconduct is directly related to the

purpose for which the record is maintained;

(viii) To a person pursuant to a showing of compelling

circumstances affecting the health or safety of any individual if, upon

such disclosure, notification is transmitted to the last known address

of such individual;

[[Page 10874]]

(ix) 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;

(x) To the Comptroller General or any of his or her authorized

representatives, in the course of the performance of official duties in

the General Accounting Office;

(xi) Pursuant to an order of a court of competent jurisdiction

served upon the Corporation pursuant to 45 CFR 1201.3, and provided

that if any such record is disclosed under such compulsory legal

process and subsequently made public by the court which issued it, the

Corporation must make a reasonable effort to notify the individual to

whom the record pertains of such disclosure;

(xii) To a contractor, expert, or consultant of the Corporation (or

an office within the Corporation) when the purpose of the release to

perform a survey, audit, or other review of the Corporation's

procedures and operations; and

(xiii) To a consumer reporting agency in accordance with section

3711(f) of title 31.

Sec. 2508.5 When does the Corporation publish its notice of its system

of records?

The Corporation shall publish annually a notice of its system of

records maintained by it as defined herein in the format prescribed by

the General Services Administration in the Federal Register; provided,

however, that such publication shall not be made for those systems of

records maintained by other agencies while in the temporary custody of

the Corporation.

Sec. 2508.6 When will the Corporation publish a notice for new routine

uses of information in its system of records?

At least 30 days prior to publication of information under the

preceding section, the Corporation shall publish in the Federal

Register a notice of its intention to establish any new routine use of

any system of records maintained by it with an opportunity for public

comments on such use. Such notice shall contain the following:

(a) The name of the system of records for which the routine use is

to be established.

(b) The authority for the system.

(c) The purpose for which the record is to be maintained.

(d) The proposed routine use(s).

(e) The purpose of the routine use(s).

(f) The categories of recipients of such use. In the event of any

request for an addition to the routine uses of the systems which the

Corporation maintains, such request may be sent to the following

office: Corporation for National and Community Service, Director,

Administration and Management Services, Room 6100, 1201 New York

Avenue, NW, Washington, DC 20525.

Sec. 2508.7 To whom does the Corporation provide reports regarding

changes in its system of records?

The Corporation shall provide to the Committee on Government

Operations of the House of Representatives, the Committee on

Governmental Affairs of the Senate, and the Office of Management and

Budget, advance notice of any proposal to establish or alter any system

of records as defined herein. This report will be submitted in

accordance with guidelines provided by the Office of Management and

Budget.

Sec. 2508.8 Who is responsible for establishing the Corporation's

rules of conduct for Privacy Act compliance?

(a) The Chief Executive Officer shall ensure that all persons

involved in the design, development, operation or maintenance of any

system of records as defined herein are informed of all requirements

necessary to protect the privacy of individuals who are the subject of

such records. All employees shall be informed of all implications of

the Act in this area including the civil remedies provided under 5

U.S.C. 552a(g)(1) and the fact that the Corporation may be subject to

civil remedies for failure to comply with the provisions of the Privacy

Act and this regulation.

(b) The Chief Executive Officer shall also ensure that all

personnel having access to records receive adequate training in the

protection of the security of personal records, and that adequate and

proper storage is provided for all such records with sufficient

security to assure the privacy of such records.

Sec. 2508.9 What officials are responsible for the security,

management and control of Corporation record keeping systems?

(a) The Director of Administration and Management Services shall

have overall control and supervision of the security of all systems of

records and shall be responsible for monitoring the security standards

set forth in this regulation.

(b) A designated official (System Manager) shall be named who shall

have management responsibility for each record system maintained by the

Corporation and who shall be responsible for providing protection and

accountability for such records at all times and for insuring that such

records are secured in appropriate containers whenever not in use or in

the direct control of authorized personnel.

Sec. 2508.10 Who has the responsibility for maintaining adequate

technical, physical, and security safeguards to prevent unauthorized

disclosure or destruction of manual and automatic record systems?

The Chief Executive Officer has the responsibility of maintaining

adequate technical, physical, and security safeguards to prevent

unauthorized disclosure or destruction of manual and automatic record

systems. These security safeguards shall apply to all systems in which

identifiable personal data are processed or maintained, including all

reports and outputs from such systems that contain identifiable

personal information. Such safeguards must be sufficient to prevent

negligent, accidental, or unintentional disclosure, modification or

destruction of any personal records or data, and must furthermore

minimize, to the extent practicable, the risk that skilled technicians

or knowledgeable persons could improperly obtain access to modify or

destroy such records or data and shall further insure against such

casual entry by unskilled persons without official reasons for access

to such records or data.

(a) Manual systems. (1) Records contained in a system of records as

defined herein may be used, held or stored only where facilities are

adequate to prevent unauthorized access by persons within or outside

the Corporation.

(2) All records, when not under the personal control of the

employees authorized to use the records, must be stored in a locked

metal filing cabinet. Some systems of records are not of a such

confidential nature that their disclosure would constitute a harm to an

individual who is the subject of such record. However, records in this

category shall also be maintained in locked metal filing cabinets or

maintained in a secured room with a locking door.

(3) Access to and use of a system of records shall be permitted

only to persons whose duties require such access within the

Corporation, for routine uses as defined in Sec. 2508.4 as to any given

system, or for such other uses as may be provided herein.

(4) Other than for access within the Corporation to persons needing

such records in the performance of their official duties or routine

uses as defined in Sec. 2508.4, or such other uses as provided herein,

access to records within a system of records shall be permitted only to

the individual to whom the record pertains or upon his

[[Page 10875]]

or her written request to the Director, Administration and Management

Services.

(5) Access to areas where a system of records is stored will be

limited to those persons whose duties require work in such areas. There

shall be an accounting of the removal of any records from such storage

areas utilizing a written log, as directed by the Director,

Administration and Management Services. The written log shall be

maintained at all times.

(6) The Corporation shall ensure that all persons whose duties

require access to and use of records contained in a system of records

are adequately trained to protect the security and privacy of such

records.

(7) The disposal and destruction of records within a system of

records shall be in accordance with rules promulgated by the General

Services Administration.

(b) Automated systems. (1) Identifiable personal information may be

processed, stored or maintained by automatic data systems only where

facilities or conditions are adequate to prevent unauthorized access to

such system in any form. Whenever such data, whether contained in punch

cards, magnetic tapes or discs, are not under the personal control of

an authorized person, such information must be stored in a locked or

secured room, or in such other facility having greater safeguards than

those provided for herein.

(2) Access to and use of identifiable personal data associated with

automated data systems shall be limited to those persons whose duties

require such access. Proper control of personal data in any form

associated with automated data systems shall be maintained at all

times, including maintenance of accountability records showing

disposition of input and output documents.

(3) All persons whose duties require access to processing and

maintenance of identifiable personal data and automated systems shall

be adequately trained in the security and privacy of personal data.

(4) The disposal and disposition of identifiable personal data and

automated systems shall be done by shredding, burning or in the case of

tapes or discs, degaussing, in accordance with any regulations now or

hereafter proposed by the General Services Administration or other

appropriate authority.

Sec. 2508.11 How shall offices maintaining a system of records be

accountable for those records to prevent unauthorized disclosure of

information?

(a) Each office maintaining a system of records shall account for

all records within such system by maintaining a written log in the form

prescribed by the Director, Administration and Management Services,

containing the following information:

(1) The date, nature, and purpose of each disclosure of a record to

any person or to another agency. Disclosures made to employees of the

Corporation in the normal course of their duties, or pursuant to the

provisions of the Freedom of Information Act, need not be accounted

for.

(2) Such accounting shall contain the name and address of the

person or agency to whom the disclosure was made.

(3) The accounting shall be maintained in accordance with a system

of records approved by the Director, Administration and Management

Services, as sufficient for the purpose but in any event sufficient to

permit the construction of a listing of all disclosures at appropriate

periodic intervals.

(4) The accounting shall reference any justification or basis upon

which any release was made including any written documentation required

when records are released for statistical or law enforcement purposes

under the provisions of subsection (b) of the Privacy Act of 1974 (5

U.S.C. 552a).

(5) For the purpose of this part, the system of accounting for

disclosures is not a system of records under the definitions hereof,

and need not be maintained within a system of records.

(6) Any subject individual may request access to an accounting of

disclosures of a record. The subject individual shall make a request

for access to an accounting in accordance with Sec. 2508.13. An

individual will be granted access to an accounting of the disclosures

of a record in accordance with the procedures of this subpart which

govern access to the related record. Access to an accounting of a

disclosure of a record made under Sec. 2508.13 may be granted at the

discretion of the Director, Administration and Management Services.

Sec. 2508.12 What are the contents of the systems of record that are

to be maintained by the Corporation?

(a) The Corporation shall maintain all records that are used in

making determinations about any individual with such accuracy,

relevance, timeliness, and completeness as is reasonably necessary to

assure fairness to the individual in the determination;

(b) In situations in which the information may result in adverse

determinations about such individual's rights, benefits and privileges

under any Federal program, all information placed in a system of

records shall, to the greatest extent practicable, be collected from

the individual to whom the record pertains.

(c) Each form or other document that an individual is expected to

complete in order to provide information for any system of records

shall have appended thereto, or in the body of the document:

(1) An indication of the authority authorizing the solicitation of

the information and whether the provision of the information is

mandatory or voluntary.

(2) The purpose or purposes for which the information is intended

to be used.

(3) Routine uses which may be made of the information and published

pursuant to Sec. 2508.6.

(4) The effect on the individual, if any, of not providing all or

part of the required or requested information.

(d) Records maintained in any system of records used by the

Corporation to make any determination about any individual shall be

maintained with such accuracy, relevancy, timeliness, and completeness

as is reasonably necessary to assure fairness to the individual in the

making of any determination about such individual, provided however,

that the Corporation shall not be required to update or keep current

retired records.

(e) Before disseminating any record about any individual to any

person other than an employee in the Corporation, unless the

dissemination is made pursuant to the provisions of the Freedom of

Information Act (5 U.S.C. 552), the Corporation shall make reasonable

efforts to ensure that such records are, or were at the time they were

collected, accurate, complete, timely and relevant for Corporation

purposes.

(f) Under no circumstances shall the Corporation maintain any

record about any individual with respect to or describing how such

individual exercises rights guaranteed by the First Amendment of the

Constitution of the United States, 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.

(g) In the event any record is disclosed as a result of the order

of a court of appropriate jurisdiction, the

[[Page 10876]]

Corporation shall make reasonable efforts to notify the individual

whose record was so disclosed after the process becomes a matter of

public record.

Sec. 2508.13 What are the procedures for acquiring access to

Corporation records by an individual about whom a record is maintained?

(a) Any request for access to records from any individual about

whom a record is maintained will be addressed to the Corporation for

National and Community Service, Office of the General Counsel, Attn:

Privacy Act Officer, Room 8200, 1201 New York Avenue, NW, Washington,

DC 20525, or delivered in person during regular business hours,

whereupon access to his or her record, or to any information contained

therein, if determined to be releasable, shall be provided.

(b) If the request is made in person, such individual may, upon his

or her request, be accompanied by a person of his or her choosing to

review the record and shall be provided an opportunity to have a copy

made of any record about such individual.

(c) A record may be disclosed to a representative chosen by the

individual as to whom a record is maintained upon the proper written

consent of such individual.

(d) A request made in person will be promptly complied with if the

records sought are in the immediate custody of the Corporation. Mailed

requests or personal requests for documents in storage or otherwise not

immediately available, will be acknowledged within 10 working days, and

the information requested will be promptly provided thereafter.

(e) With regard to any request for disclosure of a record, the

following procedures shall apply:

(1) Medical or psychological records shall be disclosed to an

individual unless, in the judgment of the Corporation, access to such

records might have an adverse effect upon such individual. When such

determination has been made, the Corporation may require that the

information be disclosed only to a physician chosen by the requesting

individual. Such physician shall have full authority to disclose all or

any portion of such record to the requesting individual in the exercise

of his or her professional judgment.

(2) Test material and copies of certificates or other lists of

eligibles or any other listing, the disclosure of which would violate

the privacy of any other individual, or be otherwise exempted by the

provisions of the Privacy Act, shall be removed from the record before

disclosure to any individual to whom the record pertains.

Sec. 2508.14 What are the identification requirements for individuals

who request access to records?

The Corporation shall require reasonable identification of all

individuals who request access to records to ensure that records are

disclosed to the proper person.

(a) In the event an individual requests disclosure in person, such

individual shall be required to show an identification card such as a

drivers license, etc., containing a photo and a sample signature of

such individual. Such individual may also be required to sign a

statement under oath as to his or her identity, acknowledging that he

or she is aware of the penalties for improper disclosure under the

provisions of the Privacy Act.

(b) In the event that disclosure is requested by mail, the

Corporation may request such information as may be necessary to

reasonably ensure that the individual making such request is properly

identified. In certain cases, the Corporation may require that a mail

request be notarized with an indication that the notary received an

acknowledgment of identity from the individual making such request.

(c) In the event an individual is unable to provide suitable

documentation or identification, the Corporation may require a signed

notarized statement asserting the identity of the individual and

stipulating that the individual understands that knowingly or willfully

seeking or obtaining access to records about another person under false

pretenses is punishable by a fine of up to $5,000.

(d) In the event a requestor wishes to be accompanied by another

person while reviewing his or her records, the Corporation may require

a written statement authorizing discussion of his or her records in the

presence of the accompanying representative or other persons.

Sec. 2508.15 What are the procedures for requesting inspection of,

amendment or correction to, or appeal of an individual's records

maintained by the Corporation other than that individual's official

personnel file?

(a) A request for inspection of any record shall be made to the

Director, Administration and Management Services. Such request may be

made by mail or in person provided, however, that requests made in

person may be required to be made upon a form provided by the Director

of Administration and Management Services who shall keep a current list

of all systems of records maintained by the Corporation and published

in accordance with the provisions of this regulation. However, the

request need not be in writing if the individual makes his or her

request in person. The requesting individual may request that the

Corporation compile all records pertaining to such individual at any

named Service Center/State Office, AmeriCorps*NCCC Campus, or at

Corporation Headquarters in Washington, DC, for the individual's

inspection and/or copying. In the event an individual makes such

request for a compilation of all records pertaining to him or her in

various locations, appropriate time for such compilation shall be

provided as may be necessary to promptly comply with such requests.

(b) Any such requests should contain, at a minimum, identifying

information needed to locate any given record and a brief description

of the item or items of information required in the event the

individual wishes to see less than all records maintained about him or

her.

(1) In the event an individual, after examination of his or her

record, desires to request an amendment or correction of such records,

the request must be submitted in writing and addressed to the

Corporation for National and Community Service, Office of the General

Counsel, Attn: Privacy Act Officer, Room 8200, 1201 New York Avenue,

NW, Washington, DC 20525. In his or her written request, the individual

shall specify:

(i) The system of records from which the record is retrieved;

(ii) The particular record that he or she is seeking to amend or

correct;

(iii) Whether he or she is seeking an addition to or a deletion or

substitution of the record; and,

(iv) His or her reasons for requesting amendment or correction of

the record.

(2) A request for amendment or correction of a record will be

acknowledged within 10 working days of its receipt unless the request

can be processed and the individual informed of the Privacy Act

Officer's decision on the request within that 10 day period.

(3) If the Privacy Act Officer agrees that the record is not

accurate, timely, or complete, based on a preponderance of the

evidence, the record will be corrected or amended. The record will be

deleted without regard to its accuracy, if the record is not relevant

or necessary to accomplish the Corporation's function for which the

record was provided or is maintained. In either case, the individual

will be informed in writing of the amendment, correction, or deletion

and, if

[[Page 10877]]

accounting was made of prior disclosures of the record, all previous

recipients of the record will be informed of the corrective action

taken.

(4) If the Privacy Act Officer does not agree that the record

should be amended or corrected, the individual will be informed in

writing of the refusal to amend or correct the record. He or she will

also be informed that he or she may appeal the refusal to amend or

correct his or her record in accordance with Sec. 2508.17.

(5) Requests to amend or correct a record governed by the

regulation of another government agency will be forwarded to such

government agency for processing and the individual will be informed in

writing of the referral.

(c) In the event an individual disagrees with the Privacy Act

Officer's initial determination, he or she may appeal such

determination to the Appeal Officer in accordance with Sec. 2508.17.

Such request for review must be made within 30 days after receipt by

the requestor of the initial refusal to amend.

Sec. 2508.16 What are the procedures for filing an appeal for refusal

to amend or correct records?

(a) In the event an individual desires to appeal any refusal to

correct or amend records, he or she may do so by addressing, in

writing, such appeal to the Corporation for National and Community

Service, Office of the Chief Operating Officer, Attn: Appeal Officer,

1201 New York Avenue NW, Washington, DC 20525. Although there is no

time limit for such appeals, the Corporation shall be under no

obligation to maintain copies of original requests or responses thereto

beyond 180 days from the date of the original request.

(b) An appeal will be completed within 30 working days from its

receipt by the Appeal Officer; except that, the appeal authority may,

for good cause, extend this period for an additional 30 days. Should

the appeal period be extended, the individual appealing the original

refusal will be informed in writing of the extension and the

circumstances of the delay. The individual's request for access to or

to amend or correct the record, the Privacy Act Officer's refusal to

amend or correct the record, and any other pertinent material relating

to the appeal will be reviewed. No hearing will be held.

(c) If the Appeal Officer determines that the record that is the

subject of the appeal should be amended or corrected, the record will

be amended or corrected and the individual will be informed in writing

of the amendment or correction. Where an accounting was made of prior

disclosures of the record, all previous recipients of the record will

be informed of the corrective action taken.

(d) If the appeal is denied, the subject individual will be

informed in writing:

(1) Of the denial and reasons for the denial;

(2) That he or she has a right to seek judicial review of the

denial; and

(3) That he or she may submit to the Appeal Officer a concise

statement of disagreement to be associated with the disputed record and

disclosed whenever the record is disclosed.

(e) Whenever an individual submits a statement of disagreement to

the Appeal Officer in accordance with paragraph (d)(3) of this section,

the record will be annotated to indicate that it is disputed. In any

subsequent disclosure, a copy of the subject individual's statement of

disagreement will be disclosed with the record. If the appeal authority

deems it appropriate, a concise statement of the Appeal Officer's

reasons for denying the individual's appeal may also be disclosed with

the record. While the individual will have access to this statement of

reasons, such statement will not be subject to correction or amendment.

Where an accounting was made of prior disclosures of the record, all

previous recipients of the record will be provided a copy of the

individual's statement of disagreement, as well as the statement, if

any, of the Appeal Officer's reasons for denying the individual's

appeal.

Sec. 2508.17 When shall fees be charged and at what rate?

(a) No fees shall be charged for search time or for any other time

expended by the Corporation to review or produce a record except where

an individual requests that a copy be made of the record to which he or

she is granted access. Where a copy of the record must be made in order

to provide access to the record (e.g., computer printout where no

screen reading is available), the copy will be made available to the

individual without cost.

(b) The applicable fee schedule is as follows:

(1) Each copy of each page, up to 8 \1/2\'' x 14'', made by

photocopy or similar process is $0.10 per page.

(2) Each copy of each microform frame printed on paper is $0.25.

(3) Each aperture card is $0.25.

(4) Each 105-mm fiche is $0.25.

(5) Each 100' foot role of 35-mm microfilm is $7.00.

(6) Each 100' foot role of 16-mm microfilm is $6.00.

(7) Each page of computer printout without regard to the number of

carbon copies concurrently printed is $0.20.

(8) Copying records not susceptible to photocopying (e.g., punch

cards or magnetic tapes), at actual cost to be determined on a case-by-

case basis.

(9) Other copying forms (e.g., typing or printing) will be charged

at direct costs, including personnel and equipment costs.

(c) All copying fees shall be paid by the individual before the

copying will be undertaken. Payments shall be made by check or money

order payable to the ``Corporation for National and Community

Service,'' and provided to the Privacy Act Officer processing the

request.

(d) A copying fee shall not be charged or collected, or

alternatively, it may be reduced, when it is determined by the Privacy

Act Officer, based on a petition, that the petitioning individual is

indigent and that the Corporation's resources permit a waiver of all or

part of the fee. An individual is deemed to be indigent when he or she

is without income or lacks the resources sufficient to pay the fees.

(e) Special and additional services provided at the request of the

individual, such as certification or authentication, postal insurance

and special mailing arrangement costs, will be charged to the

individual.

(f) A copying fee totaling $5.00 or less shall be waived, but the

copying fees for contemporaneous requests by the same individual shall

be aggregated to determine the total fee.

Sec. 2508.18 What are the penalties for obtaining a record under false

pretenses?

The Privacy Act provides, in pertinent part that:

(a) Any person who knowingly and willfully requests to obtain any

record concerning an individual from the Corporation under false

pretenses shall be guilty of a misdemeanor and fined not more than

$5,000 (5 U.S.C. 552a(I)(3)).

(b) A person who falsely or fraudulently attempts to obtain records

under the Privacy Act also may be subject to prosecution under such

other criminal statutes as 18 U.S.C. 494, 495 and 1001.

Sec. 2508.19 What Privacy Act exemptions or control of systems of

records are exempt from disclosure?

(a) Certain systems of records that are maintained by the

Corporation are exempted from provisions of the Privacy Act in

accordance with exemptions (j) and (k) of 5 U.S.C. 552a.

(1) Exemption of Inspector General system of records. Pursuant to,

and limited by 5 U.S.C. 552a(j)(2), the system of records maintained by

the

[[Page 10878]]

Office of the Inspector General that contains the Investigative Files

shall be exempted from the provisions of 5 U.S.C. 552a, except

subsections (b), (c)(1) and (2), (e)(4)(A) through (F), (e)(6)(7), (9),

(10), and (11), and (I), and 45 CFR 2508.11, 2508.12, 2508.13, 2508.14,

2508.15, 2508.16, and 2508.17, insofar as the system contains

information pertaining to criminal law enforcement investigations.

(2) Pursuant to, and limited by 5 U.S.C. 552a(k)(2), the system of

records maintained by the Office of the Inspector General that contains

the Investigative Files shall be exempted from 5 U.S.C. 552a (c)(3),

(d), (e)(1), (e)(4) (G), (H), and (I), and (f), and 45 CFR 2508.11,

2508.12, 2508.13, 2508.14, 2508.15, 2508.16, and 2508.17, insofar as

the system contains investigatory materials compiled for law

enforcement purposes.

(b) Exemptions to the General Counsel system of records. Pursuant

to, and limited by 5 U.S.C. 552a(d)(5), the system of records

maintained by the Office of the General Counsel that contains the Legal

Office Litigation/Correspondence Files shall be exempted from the

provisions of 5 U.S.C. 552a(d)(5), and 45 CFR 2508.4, insofar as the

system contains information compiled in reasonable anticipation of a

civil action or proceeding.

Sec. 2508.20 What are the restrictions regarding the release of

mailing lists?

An individual's name and address may not be sold or rented by the

Corporation unless such action is specifically authorized by law. This

section does not require the withholding of names and addresses

otherwise permitted to be made public.

Dated: February 25, 1999.

Thomas L. Bryant,

Acting General Counsel.

[FR Doc. 99-5141 Filed 3-4-99; 8:45 am]

BILLING CODE 6050-28-P