General Services Administration Property Management Regulations; GSA Privacy Act Rules, 3781-3786 [06-669]
Download as PDF
<![CDATA[
Federal Register / Vol. 71, No. 15 / Tuesday, January 24, 2006 / Rules and Regulations
decide to hold a public hearing, this
direct final rule will be revoked and the
final deadline for submitting comments
will be extended. EPA will notify any
persons who submit comments on this
notice if there is a public hearing. In
addition, anyone who wishes to learn
whether the hearing will be held may
call the EPA representative listed in the
FOR FURTHER INFORMATION CONTACT
rmajette on PROD1PC67 with RULES
section above.
Copies of Maine’s application are
available for inspection and copying at
the location indicated in the ADDRESSES
section of this direct final rule.
IV. Regulatory Assessments
The Office of Management and Budget
has exempted this type of action from
the requirements of Executive Order
12866; therefore, this action is not
subject to review by OMB. This action
approves State requirements for the
purposes of RCRA and imposes no
additional requirements beyond those
imposed by State law. Accordingly, this
action will not have a significant
economic impact on a substantial
number of small entities under the
Regulatory Flexibility Act (5 U.S.C. 601
et seq.). Because this action authorizes
pre-existing requirements under State
law and does not impose any additional
enforceable duty beyond that required
by State law, it does not contain any
unfunded mandate or significantly or
uniquely affect small governments, as
described in the Unfunded Mandates
Reform Act of 1995 (Pub. L. 104–4). For
the same reason, and because this action
has no effect in Indian country, this
action also does not significantly or
uniquely affect the communities or
Tribal governments, as specified by
Executive Order 13175 (65 FR 67249,
November 9, 2000). This action will not
have substantial direct effects on the
States, on the relationship between the
National Government and the States, or
on the distribution of power and
responsibilities among the various
levels of government, as specified in
Executive Order 13132 (64 FR 43255,
August 10, 1999), because it merely
approves State requirements as part of
the State RCRA program without
altering the relationship or the
distribution of power and
responsibilities established by RCRA.
This action also is not subject to
Executive Order 13045 (62 FR 19885,
April 23, 1997), because it is not
economically significant and it does not
make decisions based on environmental
health or safety risks. This rule is not
subject to Executive Order 13211,
‘‘Actions Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use’’ (66 FR 28355 (May
VerDate Aug<31>2005
14:40 Jan 23, 2006
Jkt 208001
22, 2001) ) because it is not a significant
regulatory action under Executive Order
12866.
Under RCRA, EPA grants a State’s
application as long as the State meets
the criteria required by RCRA. It would
thus be inconsistent with applicable law
for EPA, when it reviews a State
application, to require the use of any
particular voluntary consensus standard
in place of another standard that
otherwise satisfies the requirements of
RCRA. Thus, the requirements of
section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) do not
apply.
This rule does not impose an
information collection burden under the
provisions of the Paperwork Reduction
Act of 1995 (44 U.S.C. 3501 et seq.).
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this document and
other required information to the U.S.
Senate, the U.S. House of
Representatives, and the Comptroller
General of the United States prior to
publication in the Federal Register.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2) and therefore
is not subject to the additional
requirements for major rules.
List of Subjects
40 CFR Part 239
Environmental protection,
Administrative practice and procedure,
Intergovernmental relations, Waste
treatment and disposal.
40 CFR Part 257
Waste treatment and disposal.
40 CFR Part 258
Reporting and recordkeeping
requirements, Waste treatment and
disposal, Water pollution control.
Authority: This action is issued under the
authority of the Solid Waste Disposal Act as
amended 42 U.S.C. 6912, 6945, 6949(a).
Dated: December 27, 2005.
Robert Varney,
Regional Administrator, New England.
[FR Doc. 06–627 Filed 1–23–06; 8:45 am]
BILLING CODE 6560–50–P
PO 00000
Frm 00029
Fmt 4700
Sfmt 4700
3781
GENERAL SERVICES
ADMINISTRATION
41 CFR Part 105
[GSPMR Amendment 2006–01; GSPMR
Case 2006–105–1]
General Services Administration
Property Management Regulations;
GSA Privacy Act Rules
Office of the Chief People
Officer, General Services
Administration (GSA).
ACTION: Final rule.
AGENCY:
SUMMARY: The General Services
Administration (GSA) is revising its
Privacy Act rules to reflect
organizational changes and to update
policies and procedures. This revision
informs individuals of procedures for
obtaining personal information in GSA’s
systems of records and provides current
organizational titles and addresses of
offices to contact about the GSA Privacy
Program and the systems of records that
are maintained by GSA.
DATES: Effective January 24, 2006.
FOR FURTHER INFORMATION CONTACT: GSA
Privacy Act Officer, General Services
Administration, Office of the Chief
People Officer, 1800 F Street NW,
Washington DC 20405; telephone (202)
501–1452; or e-mail at
gsa.privacyact@gsa.gov.
GSA Privacy Act Officer
(CIB), General Services Administration,
1800 F Street NW, Washington, DC
20405.
ADDRESSES:
SUPPLEMENTARY INFORMATION:
A. Background
GSA undertook a project that focused
on making sure that all GSA Privacy Act
Rules are still relevant, necessary, and
covered by a legal or regulatory
authority and that the GSA regulations
implementing the Privacy Act Rules
reflect the current GSA organization,
policies, standards, and practices. As a
result of this review GSA is publishing
updated Privacy Act Rules. Nothing in
the final rule indicates a change in
authorities or practices regarding the
collection and maintenance of
information. The changes do not impact
individuals’ rights to access or amend
their records in the systems of records.
B. Executive Order 12866
This is not a significant regulatory
action and, therefore, was not subject to
review under Section 6(b) of Executive
Order 12866, Regulatory Planning and
Review, dated September 30, 1993. This
rule is not a major rule under 5 U.S.C.
804.
E:\FR\FM\24JAR1.SGM
24JAR1
3782
Federal Register / Vol. 71, No. 15 / Tuesday, January 24, 2006 / Rules and Regulations
C. Regulatory Flexibility Act
The Regulatory Flexibility Act does
not apply to this final rule. It is not
expected to have a significant economic
impact on small business entities within
the meaning of the Regulatory
Flexibility Act, 5 U.S.C. 601, et seq.
D. Paperwork Reduction Act
The Paperwork Reduction Act does
not apply because the rule imposes no
record keeping or information collection
requirements nor the collection of
information from offerors, contractors,
or members of the public that would
require the approval of the Office of
Management and Budget (OMB) under
44 U.S.C. 3501, et seq.; and the rule is
exempt from Congressional review
under 5 U.S.C. 801.
List of Subjects in 41 CFR Part 105–64
Privacy.
Dated: January 11, 2006.
June V. Huber,
Director,Office of Information
Management,Office of the Chief People
Officer.
Therefore, GSA is revising 41 CFR
part 105–64 as follows:
I
PART 105–64—GSA PRIVACY ACT
RULES
Sec.
105–64.000
part?
105–64.001
part?
What is the purpose of this
What terms are defined in this
rmajette on PROD1PC67 with RULES
Subpart 105–64.1—Policies and
Responsibilities
105–64.101 Who is responsible for
enforcing these rules?
105–64.102 What is GSA’s policy on
disclosure of information in a system of
records?
105–64.103 What is GSA’s policy on
collecting and using information in a
system of records?
105–64.104 What must the system manager
tell me when soliciting information for a
system of records?
105–64.105 When may Social Security
Numbers (SSNs) be collected?
105–64.106 What is GSA’s policy on
information accuracy in a system of
records?
105–64.107 What standards of conduct
apply to employees with privacy-related
responsibilities?
105–64.108 How does GSA safeguard
personal information?
105–64.109 How does GSA handle other
agencies’ records?
105–64.110 When may GSA establish
computer matching programs?
105–64.111 What is GSA’s policy on
directives that may conflict with these
rules?
VerDate Aug<31>2005
14:40 Jan 23, 2006
Jkt 208001
Subpart 105–64.2—Access to Records
105–64.201 How do I get access to my
records?
105–64.202 How do I request access in
person?
105–64.203 How do I request access in
writing?
105–64.204 Can parents and guardians
obtain access to records?
105–64.205 Who will provide access to my
records?
105–64.206 How long will it take to get my
record?
105–64.207 Are there any fees?
105–64.208 What special conditions apply
to release of medical records?
105–64.209 What special conditions apply
to accessing law enforcement and
security records?
Subpart 105–64.3—Denial of Access to
Records
105–64.301 Under what conditions will I be
denied access to a record?
105–64.302 How will I be denied access?
105–64.303 How do I appeal a denial to
access a record?
105–64.304 How are administrative appeal
decisions made?
105–64.305 What is my recourse to an
appeal denial?
Subpart 105–64.4—Amending Records
105–64.401 Can I amend my records?
105–64.402 What records are not subject to
amendment?
105–64.403 What happens when I submit a
request to amend a record?
105–64.404 How do I agree to an alternative
amendment?
105–64.405 Can I appeal a denial to amend
a record?
105–64.406 How will my appeal be
handled?
105–64.407 How do I file a Statement of
Disagreement?
105–64.408 What is my recourse to a denial
decision?
Subpart 105–64.5—Disclosure of Records
105–64.501 Under what conditions may a
record be disclosed without my consent?
105–64.502 How do I find out if my record
has been disclosed?
105–64.503 What is an accounting of
disclosures?
105–64.504 Under what conditions will I be
denied an accounting of disclosures?
Subpart 105–64.6—Establishing or Revising
Systems of Records in GSA
105–64.601 Procedures for establishing
system of records.
Subpart 105–64.7—Assistance and Referrals
105–64.701 Submittal of requests for
assistance and referrals.
Appendix A to Part 105–64—Addresses for
Geographically Dispersed Records
Authority: 5 U.S.C. 552a.
§ 105–64.000
part?
What is the purpose of this
This part implements the General
Services Administration (GSA) rules
PO 00000
Frm 00030
Fmt 4700
Sfmt 4700
under the Privacy Act of 1974, 5 U.S.C.
552a, as amended. The rules cover the
GSA systems of records from which
information is retrieved by an
individual’s name or personal identifier.
These rules set forth GSA’s policies and
procedures for accessing, reviewing,
amending, and disclosing records
covered by the Privacy Act.
§ 105–64.001
this part?
What terms are defined in
GSA defines the following terms to
ensure consistency of use and
understanding of their meaning under
this part:
Agency means any organization
covered by the Privacy Act as defined in
5 U.S.C. 551(1) and 5 U.S.C. 552a (a)(1).
GSA is such an agency.
Individual means a citizen of the
United States or a legal resident alien on
whom GSA maintains Privacy Act
records. An individual may be
addressed as you when information is
provided for the individual’s use.
System of records means a group of
records from which information is
retrieved by the name of an individual,
or by any number, symbol, or other
identifier assigned to that individual.
Record means any item, collection, or
grouping of information about an
individual within a system of records
which contains the individual’s name or
any other personal identifier such as
number or symbol, fingerprint,
voiceprint, or photograph. The
information may relate to education,
financial transactions, medical
conditions, employment, or criminal
history collected in connection with an
individual’s interaction with GSA.
Request for access means a request by
an individual to obtain or review his or
her record or information in the record.
Disclosure of information means
providing a record or the information in
a record to someone other than the
individual of record.
Exempt records means records
exempted from access by an individual
under the Privacy Act, subsections (j)(1),
Central Intelligence Agency, (j)(2) and
(k)(2), law enforcement, (k)(1), Section
552 (b)(1), (k)(3), protective services to
the President, (k)(4), statistical records,
(k)(5), employee background
investigations, (k)(6), federal service
disclosure, and (k)(7), promotion in
armed services.
Solicitation means a request by an
officer or employee of GSA for an
individual to provide information about
himself or herself for a specified
purpose.
Routine use means disclosure of a
record outside GSA for the purpose for
E:\FR\FM\24JAR1.SGM
24JAR1
Federal Register / Vol. 71, No. 15 / Tuesday, January 24, 2006 / Rules and Regulations
which it is intended, as specified in the
systems of records notices.
Computer matching program means
the computerized comparison of two or
more Federal personnel or payroll
systems of records, or systems of records
used to establish or verify an
individual’s eligibility for Federal
benefits or to recoup delinquent debts.
System manager means the GSA
associate responsible for a system of
records and the information in it, as
noted in the Federal Register systems of
records notices.
Subpart 105–64.1—Policies and
Responsibilities
§ 105–64.101 Who is responsible for
enforcing these rules?
GSA Heads of Services and Staff
Offices and Regional Administrators are
responsible for ensuring that all systems
of records under their jurisdiction meet
the provisions of the Privacy Act and
these rules. System managers are
responsible for the system(s) of records
assigned to them. The GSA Privacy Act
Officer oversees the GSA Privacy
Program and establishes privacy-related
policy and procedures for the agency
under the direction of the GSA Senior
Agency Official for Privacy.
§ 105–64.102 What is GSA’s policy on
disclosure of information in a system of
records?
§ 105–64.103 What is GSA’s policy on
collecting and using information in a
system of records?
System managers must collect
information that is used to determine
your rights, benefits, or privileges under
GSA programs directly from you
whenever practical, and use the
information only for the intended
purpose(s).
rmajette on PROD1PC67 with RULES
§ 105–64.104 What must the system
manager tell me when soliciting personal
information?
When soliciting information from you
or a third party for a system of records,
system managers must: cite the
authority for collecting the information;
say whether providing the information
is mandatory or voluntary; give the
purpose for which the information will
be used; state the routine uses of the
information; and describe the effect on
you, if any, of not providing the
information. Any information
solicitation forms will contain this
information.
VerDate Aug<31>2005
14:40 Jan 23, 2006
Jkt 208001
§ 105–64.105 When may Social Security
Numbers (SSNs) be collected?
Statutory or regulatory authority must
exist for collecting Social Security
Numbers for record systems that use the
SSNs as a method of identification.
Systems without statutory or regulatory
authority implemented after January 1,
1975, will not collect Social Security
Numbers.
§ 105–64.111 What is GSA’s policy on
directives that may conflict with these
rules?
These rules take precedence over any
GSA directive that may conflict with the
requirements stated here. GSA officials
will ensure that no such conflict exists
in new or existing directives.
Subpart 105–64.2—Access to Records
§ 105–64.106 What is GSA’s policy on
information accuracy in a system of
records?
§ 105–64.201
records?
System managers will ensure that all
Privacy Act records are accurate,
relevant, necessary, timely, and
complete.
You may request access to your record
in person or by writing to the system
manager or, in the case of
geographically dispersed records, to the
office maintaining the records (see
Appendix A). Parents or guardians may
obtain access to records of minors or
when a court has determined that the
individual of record is incompetent.
§ 105–64.107 What standards of conduct
apply to employees with privacy-related
responsibilities?
Employees who design, develop,
operate, or maintain Privacy Act record
systems will protect system security,
avoid unauthorized disclosure of
information, both verbal and written,
and ensure that no system of records is
maintained without public notice. All
such employees will follow the
standards of conduct in 5 CFR part
2635, 5 CFR part 6701, 5 CFR part 735,
and 5 CFR part 2634 to protect personal
information.
§ 105–64.108 How is personal information
safeguarded?
No information contained in a Privacy
Act system of records will be disclosed
to third parties without the written
consent of you, the individual of record,
except under the conditions cited in
§ 105–64.501.
3783
System managers will establish
administrative, technical, and physical
safeguards to ensure the security and
confidentiality of records, protect the
records against possible threats or
hazards, and permit access only to
authorized persons. Automated systems
will incorporate security controls such
as password protection, verification of
identity of authorized users, detection of
break-in attempts, firewalls, or
encryption, as appropriate.
§ 105–64.109 How does GSA handle other
agencies’ records?
In cases where GSA has either
permanent or temporary custody of
other agencies’ records, system
managers will coordinate with those
agencies on any release of information.
Office of Personnel Management (OPM)
records that are in GSA’s custody are
subject to OPM’s Privacy Act rules.
§ 105–64.110 When may GSA establish
computer matching programs?
System managers will establish
computer matching programs or
agreements for sharing information with
other agencies only with the consent
and under the direction of the GSA Data
Integrity Board that will be established
when and if computer matching
programs are used at GSA.
PO 00000
Frm 00031
Fmt 4700
Sfmt 4700
§ 105–64.202
person?
How do I get access to my
How do I request access in
If appearing in person, you must
properly identify yourself through
photographic identification such as an
agency identification badge, passport, or
driver’s license. Records will be
available during normal business hours
at the offices where the records are
maintained. You may examine the
record and be provided a copy on
request. If you want someone else to
accompany you when reviewing a
record, you must first sign a statement
authorizing the disclosure of the record;
the statement will be maintained with
your record.
§ 105–64.203
writing?
How do I request access in
If you request access in writing, mark
both the envelope and the request letter
‘‘Privacy Act Request.’’ Include in the
request your full name and address; a
description of the records you seek; the
title and number of the system of
records as published in the Federal
Register; a brief description of the
nature, time, and place of your
association with GSA; and any other
information you believe will help in
locating the record.
§ 105–64.204 How do parents or guardians
obtain access to records?
If you are the parent or guardian of a
minor, or of a person judicially
determined to be incompetent, you must
provide full information about the
individual of record. You also must
properly identify yourself and provide a
copy of the birth certificate of the
individual, or a court order establishing
guardianship, whichever applies.
E:\FR\FM\24JAR1.SGM
24JAR1
3784
§ 105–64.205
my record?
Federal Register / Vol. 71, No. 15 / Tuesday, January 24, 2006 / Rules and Regulations
Who will provide access to
The system manager will make a
record available to you on request,
unless special conditions apply, such as
for medical, law enforcement, and
security records.
§ 105–64.206
my record?
How long will it take to get
The system manager will make a
record available within 10 workdays
after receipt of your request. If a delay
of more than 10 workdays is expected,
the system manager will notify you in
writing of the reason for the delay and
when the record will be available. The
system manager may ask you for
additional information to clarify your
request. The system manager will have
an additional 10 workdays after receipt
of the new information to provide the
record to you, or provide another
acknowledgment letter if a delay in
locating the record is expected.
§ 105–64.207
Are there any fees?
No fees are charged for records when
the total fee is less than $25. The system
manager may waive the fee above this
amount if providing records without
charge is customary or in the public
interest. When the cost exceeds $25, the
fee for a paper copy is 10 cents per page,
and the fee for materials other than
paper copies is the actual cost of
reproduction. For fees above $250,
advance payment is required. You
should pay by check or money order
made payable to the General Services
Administration, and provide it to the
system manager.
§ 105–64.208 What special conditions
apply to release of medical records?
Medical records containing
information that may have an adverse
effect upon a person will be released
only to a physician designated in
writing by you, or by your guardian or
conservator. Medical records in an
Official Personnel Folder (OPF) fall
under the jurisdiction of the Office of
Personnel Management (OPM) and will
be referred to OPM for a response.
rmajette on PROD1PC67 with RULES
§ 105–64.209 What special conditions
apply to access of law enforcement and
security records?
Law enforcement and security records
are generally exempt from disclosure to
individuals except when the system
manager, in consultation with legal
counsel and the Head of the Service or
Staff Office or Regional Administrator or
their representatives, determines that
information in a record has been used
or is being used to deny you any right,
privilege, or benefit for which you are
eligible or entitled under Federal law. If
VerDate Aug<31>2005
14:40 Jan 23, 2006
Jkt 208001
so, the system manager will notify you
of the existence of the record and
disclose the information, but only to the
extent that the information does not
identify a confidential source. If
disclosure of information could
reasonably be expected to identify a
confidential source, the record will not
be disclosed to you unless it is possible
to delete all such information. A
confidential source is a person or
persons who furnished information
during Federal investigations with the
understanding that his or her identity
would remain confidential.
Subpart 105–64.3—Denial of Access to
Records
§ 105–64.301 Under what conditions will I
be denied access to a record?
The system manager will deny access
to a record that is being compiled in the
reasonable anticipation of a civil action
or proceeding or to records that are
specifically exempted from disclosure
by GSA in its system of records notices,
published in the Federal Register.
Exempted systems include the
Investigation Case Files, Internal
Evaluation Case Files, and Security
Files. These systems are exempted to
maintain the effectiveness and integrity
of investigations conducted by the
Office of Inspector General, and others,
as part of their duties and
responsibilities involving Federal
employment, contracts, and security.
§ 105–64.302
How will I be denied access?
If you request access to a record in an
exempt system of records, the system
manager will consult with the Head of
Service or Staff Office or Regional
Administrator or their representatives,
legal counsel, and other officials as
appropriate, to determine if all or part
of the record may be disclosed. If the
decision is to deny access, the system
manager will provide a written notice to
you giving the reason for the denial and
your appeal rights.
§ 105–64.303 How do I appeal a denial to
access a record?
If you are denied access to a record in
whole or in part, you may file an
administrative appeal within 30 days of
the denial. The appeal should be in
writing and addressed to: GSA Privacy
Act Officer (CIB), General Services
Administration, 1800 F Street NW,
Washington DC 20405. Mark both the
envelope and the appeal letter ‘‘Privacy
Act Appeal.’’
consulting with legal counsel and
appropriate officials. The Privacy Act
Officer may grant record access if the
appeal is granted. If the decision is to
reject the appeal, the Privacy Act Officer
will provide all pertinent information
about the case to the Deputy
Administrator and ask for a final
administrative decision. The Deputy
Administrator may grant access to a
record, in which case the Privacy Act
Officer will notify you in writing, and
the system manager will make the
record available to you. If the Deputy
Administrator denies the appeal, he or
she will notify you in writing of the
reason for rejection and of your right to
a judicial review. The administrative
appeal review will take no longer than
30 workdays after the Privacy Act
Officer receives the appeal. The Deputy
Administrator may extend the time limit
by notifying you in writing of the
extension and the reason for it before
the 30 days are up.
§ 105–64.305 What is my recourse to an
appeal denial?
You may file a civil action to have the
GSA administrative decision overturned
within two years after the decision is
made. You may file in a Federal District
Court where you live or have a principal
place of business, where the records are
maintained, or in the District of
Columbia.
Subpart 105–64.4—Amending a Record
§ 105–64.401
Can I amend my record?
You may request to amend your
record by writing to the system manager
with the proposed amendment. Mark
both the envelope and the letter
‘‘Privacy Act Request to Amend
Record.’’
§ 105–64.402 What records are not subject
to amendment?
You may not amend the following
records under the law:
(a) Transcripts of testimony given
under oath or written statements made
under oath.
(b) Transcripts of grand jury
proceedings, judicial proceedings, or
quasi-judicial proceedings which
constitute the official record of the
proceedings.
(c) Pre-sentence reports that are
maintained within a system of records
but are the property of the courts.
(d) Records exempted from
amendment by notice published in the
Federal Register.
§ 105–64.304 How are administrative
appeal decisions made?
§ 105–64.403 What happens when I submit
a request to amend a record?
The GSA Privacy Act Officer will
conduct a review of your appeal by
The system manager will consult with
the Head of Service or Staff Office or
PO 00000
Frm 00032
Fmt 4700
Sfmt 4700
E:\FR\FM\24JAR1.SGM
24JAR1
Federal Register / Vol. 71, No. 15 / Tuesday, January 24, 2006 / Rules and Regulations
Regional Administrator or their
representatives, and legal counsel. They
will determine whether to amend an
existing record by comparing its
accuracy, relevance, timeliness, and
completeness with the amendment you
propose. The system manager will
notify you within 10 workdays whether
your proposed amendment is approved
or denied. In case of an expected delay,
the system manager will acknowledge
receipt of your request in writing and
provide an estimate of when you may
expect a decision. If your request to
amend is approved, the system manager
will amend the record and send an
amended copy to you and to anyone
who had previously received the record.
If your request to amend is denied, the
system manager will advise you in
writing, giving the reason for denial, a
proposed alternative amendment if
possible, and your appeal rights. The
system manager also will notify the GSA
Privacy Act Officer of any request for
amendment and its disposition.
§ 105–64.404 What must I do if I agree to
an alternative amendment?
If you agree to the alternative
amendment proposed by the system
manager, you must notify the manager
in writing of your concurrence. The
system manager will amend the record
and send an amended copy to you and
to anyone else who had previously
received the record.
§ 105–64.405 Can I appeal a denial to
amend a record?
You may file an appeal within 30
workdays of a denial to amend your
record by writing to the: GSA Privacy
Act Officer (CIB), General Services
Administration, 1800 F Street NW,
Washington DC 20405. Mark both the
envelope and the appeal letter ‘‘Privacy
Act Amendment Appeal.’’ Appeals to
amend records in a GSA employee’s
official personnel file will be sent to the
Office of Personnel Management,
Washington DC 20415.
rmajette on PROD1PC67 with RULES
§ 105–64.406
handled?
How will my appeal be
The GSA Privacy Act Officer will
consult with legal counsel and
appropriate GSA officials concerning
your appeal. If they decide to reject your
appeal, the Privacy Act Officer will
provide the Deputy Administrator with
all pertinent information about the case
and request a final administrative
decision. The Deputy Administrator
may approve your amendment, in
which case the Privacy Act Officer will
notify you in writing, and the system
manager will amend the record and
send an amended copy to you and
anyone who had previously been
VerDate Aug<31>2005
14:40 Jan 23, 2006
Jkt 208001
provided with the record. If the Deputy
Administrator denies the appeal, he or
she will notify you in writing of the
reason for denial, of your right to a
judicial review, and of your right to file
a Statement of Disagreement. The
amendment appeal review will be made
within 30 workdays after the Privacy
Act Officer receives your appeal. The
Deputy Administrator may extend the
time limit by notifying you in writing of
the reason for the extension before the
30 days are up.
§ 105–64.407 How do I file a Statement of
Disagreement?
You may file a Statement of
Disagreement with the system manager
within 30 days of the denial to amend
a record. The statement should explain
why you believe the record to be
inaccurate, irrelevant, untimely, or
incomplete. The system manager will
file the statement with your record,
provide a copy to anyone who had
previously received the record, and
include a copy of it in any future
disclosure.
§ 105–64.408 What is my recourse to a
denial decision?
You may file a civil action to have the
GSA decision overturned within two
years after denial of an amendment
appeal. You may file the civil action in
a Federal District Court where you live
or have a principal place of business,
where the records are maintained, or in
the District of Columbia.
Subpart 105–64.5—Disclosure of
Records
§ 105–64.501 Under what conditions may a
record be disclosed without my consent?
A system manager may disclose your
record without your consent under the
Privacy Act when the disclosure is: to
GSA officials or employees in the
performance of their official duties;
required by the Freedom of Information
Act; for a routine use stated in a Federal
Register notice; to the Bureau of the
Census for use in fulfilling its duties; for
statistical research or reporting, and
only when the record is not individually
identifiable; to the National Archives
and Records Administration (NARA)
when the record has been determined to
be of historical or other value that
warrants permanent retention; to a U.S.
law enforcement agency or
instrumentality for a civil or criminal
law enforcement purpose; under
compelling circumstances affecting an
individual’s health and safety, and upon
disclosure a notification will be sent to
the individual; to Congress or its
committees and subcommittees when
the record material falls within their
PO 00000
Frm 00033
Fmt 4700
Sfmt 4700
3785
jurisdiction; to the Comptroller General
or an authorized representative in the
performance of the duties of the
Government Accountability Office
(GAO); under a court order; or to a
consumer reporting agency under the
Federal Claims Collection Act of 1966,
31 U.S.C. 3711.
§ 105–64.502 How do I find out if my
record has been disclosed?
You may request an accounting of the
persons or agencies to whom your
record has been disclosed, including the
date and purpose of each disclosure, by
writing to the system manager. Mark
both the envelope and the letter
‘‘Privacy Act Accounting Request.’’ The
system manager will provide the
requested information in the same way
as that for granting access to records, see
Subpart 105–64.2, providing no
restrictions to disclosure or accounting
of disclosures applies.
§ 105–64.503 What is an accounting of
disclosures?
The system manager maintains an
account of each record disclosure for
five years or for the life of the record,
whichever is longer. The accounting of
disclosure information includes the
name of the person or agency to whom
your record has been provided, the date,
the type of information disclosed, and
the reason for disclosure. Other
pertinent information, such as
justifications for disclosure and any
written consent that you may have
provided, is also included. No
accounting needs to be maintained for
disclosures to GSA officials or
employees in the performance of their
duties, or disclosures under the
Freedom of Information Act.
§ 105–64.504 Under what conditions will I
be denied an accounting of disclosures?
The system manager will deny your
request for an accounting of disclosures
when the disclosures are to GSA
officials or employees in the
performance of their duties or
disclosures under the Freedom of
Information Act, for which no
accounting is required; law enforcement
agencies for law enforcement activities;
and systems of records exempted by
notice in the Federal Register. You may
appeal a denial using the same
procedures as those for denial of access
to records, see Subpart 105–64.3.
E:\FR\FM\24JAR1.SGM
24JAR1
3786
Federal Register / Vol. 71, No. 15 / Tuesday, January 24, 2006 / Rules and Regulations
Subpart 105–64.6—Establishing or
Revising Systems of Records in GSA
§ 105–64.601 Procedures for establishing
system of records.
The following procedures apply to
any proposed new or revised system of
records:
(a) Before establishing a new or
revising an existing system of records,
the system manager, with the
concurrence of the appropriate Head of
Service or Staff Office, will provide to
the GSA Privacy Act Officer a proposal
describing and justifying the new
system or revision.
(b) The GSA Privacy Act Officer will
submit a proposal to establish or revise
the system to the President of the
Senate, the Speaker of the House of
Representatives, and the Director of the
Office of Management and Budget
(OMB) for evaluation at least 40
calendar days before the planned system
establishment or revision date.
(c) The GSA Privacy Act Officer will
publish in the Federal Register a notice
of intent to establish or revise the
system of records at least 30 calendar
days before the planned system
establishment or revision date.
(d) The new or revised system
becomes effective 30 calendar days after
the notice is published in the Federal
Register unless submitted comments
result in a revision to the notice, in
which case, a new revised notice will be
issued.
Subpart 105–64.7—Assistance and
Referrals
§ 105–64.701 Submittal of requests for
assistance and referrals.
Address requests for assistance
involving GSA Privacy Act rules and
procedures, or for referrals to system
managers or GSA officials responsible
for implementing these rules to: GSA
Privacy Act Officer (CIB), General
Services Administration, 1800 F Street
N.W., Washington DC 20405.
Rico, and Virgin Islands), 26 Federal
Plaza, New York, NY 10278.
Mid-Atlantic Region (includes
Delaware, Maryland, Pennsylvania,
Virginia, and West Virginia, but
excludes the National Capital Region),
The Strawbridge Building, 20 North 8th
Street, Philadelphia, PA 19107–3191.
Southeast-Sunbelt Region (includes
Alabama, Florida, Georgia, Kentucky,
Mississippi, North Carolina, South
Carolina, and Tennessee), Office of the
Regional Administrator (4A), 77 Forsyth
Street, Atlanta, GA 30303.
Great Lakes Region (includes Illinois,
Indiana, Michigan, Ohio, Minnesota,
and Wisconsin), 230 South Dearborn
Street, Chicago, IL 60604–1696.
The Heartland Region (includes Iowa,
Kansas, Missouri, and Nebraska), 1500
East Bannister Road, Kansas City, MO
64131–3088.
Greater Southwest Region (includes
Arkansas, Louisiana, Oklahoma, New
Mexico, and Texas), 819 Taylor Street,
Fort Worth, TX 76102.
Rocky Mountain Region (includes
Colorado, Montana, North Dakota,
South Dakota, Utah, and Wyoming),
U.S. General Services Administration,
DFC, Bldg. 41, Rm. 210, P.O. Box 25006,
Denver, CO 80225–0006.
Pacific Rim Region (includes Arizona,
California, Hawaii, and Nevada), 450
Golden Gate Avenue, San Francisco, CA
94102–3400.
Northwest/Arctic Region (includes
Alaska, Idaho, Oregon, and
Washington), 400 15th Street SW,
Auburn, WA 98001–6599.
National Capital Region (includes the
District of Columbia; the counties of
Montgomery and Prince George’s in
Maryland; the city of Alexandria,
Virginia; and the counties of Arlington,
Fairfax, Loudoun, and Prince William in
Virginia), 7th and D Streets, SW,
Washington, DC 20407.
[FR Doc. 06–669 Filed 1–23–06; 8:45 am]
BILLING CODE 6820–34–S
rmajette on PROD1PC67 with RULES
Appendix A to Part 105–64—Addresses
for Geographically Dispersed Records
DEPARTMENT OF TRANSPORTATION
Address requests for physically
dispersed records, as noted in the
system of records notices, to the
Regional Privacy Act Coordinator,
General Services Administration, at the
appropriate regional GSA office, as
follows:
New England Region (includes
Connecticut, Maine, Massachusetts,
New Hampshire, Rhode Island, and
Vermont), 10 Causeway Street, Boston,
MA 02222.
Northeast and Caribbean Region
(includes New Jersey, New York, Puerto
National Highway Traffic Safety
Administration
VerDate Aug<31>2005
14:40 Jan 23, 2006
Jkt 208001
49 CFR Part 571
[Docket No. NHTSA–2006–23651]
RIN 2127–AJ81
Federal Motor Vehicle Safety
Standards; Controls, Telltales and
Indicators
National Highway Traffic
Safety Administration (NHTSA),
Department of Transportation (DOT).
AGENCY:
PO 00000
Frm 00034
Fmt 4700
Sfmt 4700
ACTION:
Final rule; delay of effective
date.
SUMMARY: In a final rule of August 17,
2005 (70 FR 48295), we updated our
standard regulating motor vehicle
controls, telltales and indicators. The
standard specifies requirements for the
location, identification, and
illumination of these items. The rule
extended the standard’s telltale and
indicator requirements to vehicles with
a Gross Vehicle Weight Rating (GVWR)
of 4,536 kg (10,000 pounds) and greater,
updated the standard’s requirements for
multi-function controls and multi-task
displays to make the requirements
appropriate for advanced systems, and
reorganized the standard to make it
easier to read. The final rule announced
an effective date of February 13, 2006,
and a compliance date of February 13,
2006 for requirements applicable to
vehicles under 4,536 kg (10,000 pounds)
GVWR.
In response to a petition for extension
of the effective date from the Alliance of
Automobile Manufacturers (Alliance),
this final rule announces a delay in the
effective date to September 1, 2006. The
additional time allows us to consider
issues raised by the Alliance and other
petitioners in petitions to reconsider
certain items and identifications
described in the August 17, 2005 final
rule.
DATES: Effective date: The effective date
of the rule amending 49 CFR 571.101
published at 70 FR 48295, August 17,
2005 is delayed until September 1,
2006.
Compliance date: The compliance
date for the extension of the standard’s
telltale and indicator requirements to
vehicles with a GVWR of 4,536 kg
(10,000 pounds) or greater is September
1, 2013. The compliance date for all
other requirements is delayed until
September 1, 2006. Voluntary
compliance is permitted as of August
17, 2005.
Petitions for reconsideration: Petitions
for reconsideration of this final rule
must be received not later than March
10, 2006.
ADDRESSES: Petitions for reconsideration
of the final rule must refer to the docket
and notice number set forth above and
be submitted to the Administrator,
National Highway Traffic Safety
Administration, 400 Seventh Street,
SW., Washington, DC 20590, with a
copy to Docket Management, Room PL–
401, 400 Seventh Street, SW.,
Washington, DC 20590.
FOR FURTHER INFORMATION CONTACT: For
non-legal issues you may call Ms. Gayle
Dalrymple, Office of Crash Avoidance
E:\FR\FM\24JAR1.SGM
24JAR1
]]>Agencies
[Federal Register Volume 71, Number 15 (Tuesday, January 24, 2006)]
[Rules and Regulations]
[Pages 3781-3786]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-669]
=======================================================================
-----------------------------------------------------------------------
GENERAL SERVICES ADMINISTRATION
41 CFR Part 105
[GSPMR Amendment 2006-01; GSPMR Case 2006-105-1]
General Services Administration Property Management Regulations;
GSA Privacy Act Rules
AGENCY: Office of the Chief People Officer, General Services
Administration (GSA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The General Services Administration (GSA) is revising its
Privacy Act rules to reflect organizational changes and to update
policies and procedures. This revision informs individuals of
procedures for obtaining personal information in GSA's systems of
records and provides current organizational titles and addresses of
offices to contact about the GSA Privacy Program and the systems of
records that are maintained by GSA.
DATES: Effective January 24, 2006.
FOR FURTHER INFORMATION CONTACT: GSA Privacy Act Officer, General
Services Administration, Office of the Chief People Officer, 1800 F
Street NW, Washington DC 20405; telephone (202) 501-1452; or e-mail at
gsa.privacyact@gsa.gov.
ADDRESSES: GSA Privacy Act Officer (CIB), General Services
Administration, 1800 F Street NW, Washington, DC 20405.
SUPPLEMENTARY INFORMATION:
A. Background
GSA undertook a project that focused on making sure that all GSA
Privacy Act Rules are still relevant, necessary, and covered by a legal
or regulatory authority and that the GSA regulations implementing the
Privacy Act Rules reflect the current GSA organization, policies,
standards, and practices. As a result of this review GSA is publishing
updated Privacy Act Rules. Nothing in the final rule indicates a change
in authorities or practices regarding the collection and maintenance of
information. The changes do not impact individuals' rights to access or
amend their records in the systems of records.
B. Executive Order 12866
This is not a significant regulatory action and, therefore, was not
subject to review under Section 6(b) of Executive Order 12866,
Regulatory Planning and Review, dated September 30, 1993. This rule is
not a major rule under 5 U.S.C. 804.
[[Page 3782]]
C. Regulatory Flexibility Act
The Regulatory Flexibility Act does not apply to this final rule.
It is not expected to have a significant economic impact on small
business entities within the meaning of the Regulatory Flexibility Act,
5 U.S.C. 601, et seq.
D. Paperwork Reduction Act
The Paperwork Reduction Act does not apply because the rule imposes
no record keeping or information collection requirements nor the
collection of information from offerors, contractors, or members of the
public that would require the approval of the Office of Management and
Budget (OMB) under 44 U.S.C. 3501, et seq.; and the rule is exempt from
Congressional review under 5 U.S.C. 801.
List of Subjects in 41 CFR Part 105-64
Privacy.
Dated: January 11, 2006.
June V. Huber,
Director,Office of Information Management,Office of the Chief People
Officer.
0
Therefore, GSA is revising 41 CFR part 105-64 as follows:
PART 105-64--GSA PRIVACY ACT RULES
Sec.
105-64.000 What is the purpose of this part?
105-64.001 What terms are defined in this part?
Subpart 105-64.1--Policies and Responsibilities
105-64.101 Who is responsible for enforcing these rules?
105-64.102 What is GSA's policy on disclosure of information in a
system of records?
105-64.103 What is GSA's policy on collecting and using information
in a system of records?
105-64.104 What must the system manager tell me when soliciting
information for a system of records?
105-64.105 When may Social Security Numbers (SSNs) be collected?
105-64.106 What is GSA's policy on information accuracy in a system
of records?
105-64.107 What standards of conduct apply to employees with
privacy-related responsibilities?
105-64.108 How does GSA safeguard personal information?
105-64.109 How does GSA handle other agencies' records?
105-64.110 When may GSA establish computer matching programs?
105-64.111 What is GSA's policy on directives that may conflict with
these rules?
Subpart 105-64.2--Access to Records
105-64.201 How do I get access to my records?
105-64.202 How do I request access in person?
105-64.203 How do I request access in writing?
105-64.204 Can parents and guardians obtain access to records?
105-64.205 Who will provide access to my records?
105-64.206 How long will it take to get my record?
105-64.207 Are there any fees?
105-64.208 What special conditions apply to release of medical
records?
105-64.209 What special conditions apply to accessing law
enforcement and security records?
Subpart 105-64.3--Denial of Access to Records
105-64.301 Under what conditions will I be denied access to a
record?
105-64.302 How will I be denied access?
105-64.303 How do I appeal a denial to access a record?
105-64.304 How are administrative appeal decisions made?
105-64.305 What is my recourse to an appeal denial?
Subpart 105-64.4--Amending Records
105-64.401 Can I amend my records?
105-64.402 What records are not subject to amendment?
105-64.403 What happens when I submit a request to amend a record?
105-64.404 How do I agree to an alternative amendment?
105-64.405 Can I appeal a denial to amend a record?
105-64.406 How will my appeal be handled?
105-64.407 How do I file a Statement of Disagreement?
105-64.408 What is my recourse to a denial decision?
Subpart 105-64.5--Disclosure of Records
105-64.501 Under what conditions may a record be disclosed without
my consent?
105-64.502 How do I find out if my record has been disclosed?
105-64.503 What is an accounting of disclosures?
105-64.504 Under what conditions will I be denied an accounting of
disclosures?
Subpart 105-64.6--Establishing or Revising Systems of Records in GSA
105-64.601 Procedures for establishing system of records.
Subpart 105-64.7--Assistance and Referrals
105-64.701 Submittal of requests for assistance and referrals.
Appendix A to Part 105-64--Addresses for Geographically Dispersed
Records
Authority: 5 U.S.C. 552a.
Sec. 105-64.000 What is the purpose of this part?
This part implements the General Services Administration (GSA)
rules under the Privacy Act of 1974, 5 U.S.C. 552a, as amended. The
rules cover the GSA systems of records from which information is
retrieved by an individual's name or personal identifier. These rules
set forth GSA's policies and procedures for accessing, reviewing,
amending, and disclosing records covered by the Privacy Act.
Sec. 105-64.001 What terms are defined in this part?
GSA defines the following terms to ensure consistency of use and
understanding of their meaning under this part:
Agency means any organization covered by the Privacy Act as defined
in 5 U.S.C. 551(1) and 5 U.S.C. 552a (a)(1). GSA is such an agency.
Individual means a citizen of the United States or a legal resident
alien on whom GSA maintains Privacy Act records. An individual may be
addressed as you when information is provided for the individual's use.
System of records means a group of records from which information
is retrieved by the name of an individual, or by any number, symbol, or
other identifier assigned to that individual.
Record means any item, collection, or grouping of information about
an individual within a system of records which contains the
individual's name or any other personal identifier such as number or
symbol, fingerprint, voiceprint, or photograph. The information may
relate to education, financial transactions, medical conditions,
employment, or criminal history collected in connection with an
individual's interaction with GSA.
Request for access means a request by an individual to obtain or
review his or her record or information in the record.
Disclosure of information means providing a record or the
information in a record to someone other than the individual of record.
Exempt records means records exempted from access by an individual
under the Privacy Act, subsections (j)(1), Central Intelligence Agency,
(j)(2) and (k)(2), law enforcement, (k)(1), Section 552 (b)(1), (k)(3),
protective services to the President, (k)(4), statistical records,
(k)(5), employee background investigations, (k)(6), federal service
disclosure, and (k)(7), promotion in armed services.
Solicitation means a request by an officer or employee of GSA for
an individual to provide information about himself or herself for a
specified purpose.
Routine use means disclosure of a record outside GSA for the
purpose for
[[Page 3783]]
which it is intended, as specified in the systems of records notices.
Computer matching program means the computerized comparison of two
or more Federal personnel or payroll systems of records, or systems of
records used to establish or verify an individual's eligibility for
Federal benefits or to recoup delinquent debts.
System manager means the GSA associate responsible for a system of
records and the information in it, as noted in the Federal Register
systems of records notices.
Subpart 105-64.1--Policies and Responsibilities
Sec. 105-64.101 Who is responsible for enforcing these rules?
GSA Heads of Services and Staff Offices and Regional Administrators
are responsible for ensuring that all systems of records under their
jurisdiction meet the provisions of the Privacy Act and these rules.
System managers are responsible for the system(s) of records assigned
to them. The GSA Privacy Act Officer oversees the GSA Privacy Program
and establishes privacy-related policy and procedures for the agency
under the direction of the GSA Senior Agency Official for Privacy.
Sec. 105-64.102 What is GSA's policy on disclosure of information in
a system of records?
No information contained in a Privacy Act system of records will be
disclosed to third parties without the written consent of you, the
individual of record, except under the conditions cited in Sec. 105-
64.501.
Sec. 105-64.103 What is GSA's policy on collecting and using
information in a system of records?
System managers must collect information that is used to determine
your rights, benefits, or privileges under GSA programs directly from
you whenever practical, and use the information only for the intended
purpose(s).
Sec. 105-64.104 What must the system manager tell me when soliciting
personal information?
When soliciting information from you or a third party for a system
of records, system managers must: cite the authority for collecting the
information; say whether providing the information is mandatory or
voluntary; give the purpose for which the information will be used;
state the routine uses of the information; and describe the effect on
you, if any, of not providing the information. Any information
solicitation forms will contain this information.
Sec. 105-64.105 When may Social Security Numbers (SSNs) be collected?
Statutory or regulatory authority must exist for collecting Social
Security Numbers for record systems that use the SSNs as a method of
identification. Systems without statutory or regulatory authority
implemented after January 1, 1975, will not collect Social Security
Numbers.
Sec. 105-64.106 What is GSA's policy on information accuracy in a
system of records?
System managers will ensure that all Privacy Act records are
accurate, relevant, necessary, timely, and complete.
Sec. 105-64.107 What standards of conduct apply to employees with
privacy-related responsibilities?
Employees who design, develop, operate, or maintain Privacy Act
record systems will protect system security, avoid unauthorized
disclosure of information, both verbal and written, and ensure that no
system of records is maintained without public notice. All such
employees will follow the standards of conduct in 5 CFR part 2635, 5
CFR part 6701, 5 CFR part 735, and 5 CFR part 2634 to protect personal
information.
Sec. 105-64.108 How is personal information safeguarded?
System managers will establish administrative, technical, and
physical safeguards to ensure the security and confidentiality of
records, protect the records against possible threats or hazards, and
permit access only to authorized persons. Automated systems will
incorporate security controls such as password protection, verification
of identity of authorized users, detection of break-in attempts,
firewalls, or encryption, as appropriate.
Sec. 105-64.109 How does GSA handle other agencies' records?
In cases where GSA has either permanent or temporary custody of
other agencies' records, system managers will coordinate with those
agencies on any release of information. Office of Personnel Management
(OPM) records that are in GSA's custody are subject to OPM's Privacy
Act rules.
Sec. 105-64.110 When may GSA establish computer matching programs?
System managers will establish computer matching programs or
agreements for sharing information with other agencies only with the
consent and under the direction of the GSA Data Integrity Board that
will be established when and if computer matching programs are used at
GSA.
Sec. 105-64.111 What is GSA's policy on directives that may conflict
with these rules?
These rules take precedence over any GSA directive that may
conflict with the requirements stated here. GSA officials will ensure
that no such conflict exists in new or existing directives.
Subpart 105-64.2--Access to Records
Sec. 105-64.201 How do I get access to my records?
You may request access to your record in person or by writing to
the system manager or, in the case of geographically dispersed records,
to the office maintaining the records (see Appendix A). Parents or
guardians may obtain access to records of minors or when a court has
determined that the individual of record is incompetent.
Sec. 105-64.202 How do I request access in person?
If appearing in person, you must properly identify yourself through
photographic identification such as an agency identification badge,
passport, or driver's license. Records will be available during normal
business hours at the offices where the records are maintained. You may
examine the record and be provided a copy on request. If you want
someone else to accompany you when reviewing a record, you must first
sign a statement authorizing the disclosure of the record; the
statement will be maintained with your record.
Sec. 105-64.203 How do I request access in writing?
If you request access in writing, mark both the envelope and the
request letter ``Privacy Act Request.'' Include in the request your
full name and address; a description of the records you seek; the title
and number of the system of records as published in the Federal
Register; a brief description of the nature, time, and place of your
association with GSA; and any other information you believe will help
in locating the record.
Sec. 105-64.204 How do parents or guardians obtain access to records?
If you are the parent or guardian of a minor, or of a person
judicially determined to be incompetent, you must provide full
information about the individual of record. You also must properly
identify yourself and provide a copy of the birth certificate of the
individual, or a court order establishing guardianship, whichever
applies.
[[Page 3784]]
Sec. 105-64.205 Who will provide access to my record?
The system manager will make a record available to you on request,
unless special conditions apply, such as for medical, law enforcement,
and security records.
Sec. 105-64.206 How long will it take to get my record?
The system manager will make a record available within 10 workdays
after receipt of your request. If a delay of more than 10 workdays is
expected, the system manager will notify you in writing of the reason
for the delay and when the record will be available. The system manager
may ask you for additional information to clarify your request. The
system manager will have an additional 10 workdays after receipt of the
new information to provide the record to you, or provide another
acknowledgment letter if a delay in locating the record is expected.
Sec. 105-64.207 Are there any fees?
No fees are charged for records when the total fee is less than
$25. The system manager may waive the fee above this amount if
providing records without charge is customary or in the public
interest. When the cost exceeds $25, the fee for a paper copy is 10
cents per page, and the fee for materials other than paper copies is
the actual cost of reproduction. For fees above $250, advance payment
is required. You should pay by check or money order made payable to the
General Services Administration, and provide it to the system manager.
Sec. 105-64.208 What special conditions apply to release of medical
records?
Medical records containing information that may have an adverse
effect upon a person will be released only to a physician designated in
writing by you, or by your guardian or conservator. Medical records in
an Official Personnel Folder (OPF) fall under the jurisdiction of the
Office of Personnel Management (OPM) and will be referred to OPM for a
response.
Sec. 105-64.209 What special conditions apply to access of law
enforcement and security records?
Law enforcement and security records are generally exempt from
disclosure to individuals except when the system manager, in
consultation with legal counsel and the Head of the Service or Staff
Office or Regional Administrator or their representatives, determines
that information in a record has been used or is being used to deny you
any right, privilege, or benefit for which you are eligible or entitled
under Federal law. If so, the system manager will notify you of the
existence of the record and disclose the information, but only to the
extent that the information does not identify a confidential source. If
disclosure of information could reasonably be expected to identify a
confidential source, the record will not be disclosed to you unless it
is possible to delete all such information. A confidential source is a
person or persons who furnished information during Federal
investigations with the understanding that his or her identity would
remain confidential.
Subpart 105-64.3--Denial of Access to Records
Sec. 105-64.301 Under what conditions will I be denied access to a
record?
The system manager will deny access to a record that is being
compiled in the reasonable anticipation of a civil action or proceeding
or to records that are specifically exempted from disclosure by GSA in
its system of records notices, published in the Federal Register.
Exempted systems include the Investigation Case Files, Internal
Evaluation Case Files, and Security Files. These systems are exempted
to maintain the effectiveness and integrity of investigations conducted
by the Office of Inspector General, and others, as part of their duties
and responsibilities involving Federal employment, contracts, and
security.
Sec. 105-64.302 How will I be denied access?
If you request access to a record in an exempt system of records,
the system manager will consult with the Head of Service or Staff
Office or Regional Administrator or their representatives, legal
counsel, and other officials as appropriate, to determine if all or
part of the record may be disclosed. If the decision is to deny access,
the system manager will provide a written notice to you giving the
reason for the denial and your appeal rights.
Sec. 105-64.303 How do I appeal a denial to access a record?
If you are denied access to a record in whole or in part, you may
file an administrative appeal within 30 days of the denial. The appeal
should be in writing and addressed to: GSA Privacy Act Officer (CIB),
General Services Administration, 1800 F Street NW, Washington DC 20405.
Mark both the envelope and the appeal letter ``Privacy Act Appeal.''
Sec. 105-64.304 How are administrative appeal decisions made?
The GSA Privacy Act Officer will conduct a review of your appeal by
consulting with legal counsel and appropriate officials. The Privacy
Act Officer may grant record access if the appeal is granted. If the
decision is to reject the appeal, the Privacy Act Officer will provide
all pertinent information about the case to the Deputy Administrator
and ask for a final administrative decision. The Deputy Administrator
may grant access to a record, in which case the Privacy Act Officer
will notify you in writing, and the system manager will make the record
available to you. If the Deputy Administrator denies the appeal, he or
she will notify you in writing of the reason for rejection and of your
right to a judicial review. The administrative appeal review will take
no longer than 30 workdays after the Privacy Act Officer receives the
appeal. The Deputy Administrator may extend the time limit by notifying
you in writing of the extension and the reason for it before the 30
days are up.
Sec. 105-64.305 What is my recourse to an appeal denial?
You may file a civil action to have the GSA administrative decision
overturned within two years after the decision is made. You may file in
a Federal District Court where you live or have a principal place of
business, where the records are maintained, or in the District of
Columbia.
Subpart 105-64.4--Amending a Record
Sec. 105-64.401 Can I amend my record?
You may request to amend your record by writing to the system
manager with the proposed amendment. Mark both the envelope and the
letter ``Privacy Act Request to Amend Record.''
Sec. 105-64.402 What records are not subject to amendment?
You may not amend the following records under the law:
(a) Transcripts of testimony given under oath or written statements
made under oath.
(b) Transcripts of grand jury proceedings, judicial proceedings, or
quasi-judicial proceedings which constitute the official record of the
proceedings.
(c) Pre-sentence reports that are maintained within a system of
records but are the property of the courts.
(d) Records exempted from amendment by notice published in the
Federal Register.
Sec. 105-64.403 What happens when I submit a request to amend a
record?
The system manager will consult with the Head of Service or Staff
Office or
[[Page 3785]]
Regional Administrator or their representatives, and legal counsel.
They will determine whether to amend an existing record by comparing
its accuracy, relevance, timeliness, and completeness with the
amendment you propose. The system manager will notify you within 10
workdays whether your proposed amendment is approved or denied. In case
of an expected delay, the system manager will acknowledge receipt of
your request in writing and provide an estimate of when you may expect
a decision. If your request to amend is approved, the system manager
will amend the record and send an amended copy to you and to anyone who
had previously received the record. If your request to amend is denied,
the system manager will advise you in writing, giving the reason for
denial, a proposed alternative amendment if possible, and your appeal
rights. The system manager also will notify the GSA Privacy Act Officer
of any request for amendment and its disposition.
Sec. 105-64.404 What must I do if I agree to an alternative
amendment?
If you agree to the alternative amendment proposed by the system
manager, you must notify the manager in writing of your concurrence.
The system manager will amend the record and send an amended copy to
you and to anyone else who had previously received the record.
Sec. 105-64.405 Can I appeal a denial to amend a record?
You may file an appeal within 30 workdays of a denial to amend your
record by writing to the: GSA Privacy Act Officer (CIB), General
Services Administration, 1800 F Street NW, Washington DC 20405. Mark
both the envelope and the appeal letter ``Privacy Act Amendment
Appeal.'' Appeals to amend records in a GSA employee's official
personnel file will be sent to the Office of Personnel Management,
Washington DC 20415.
Sec. 105-64.406 How will my appeal be handled?
The GSA Privacy Act Officer will consult with legal counsel and
appropriate GSA officials concerning your appeal. If they decide to
reject your appeal, the Privacy Act Officer will provide the Deputy
Administrator with all pertinent information about the case and request
a final administrative decision. The Deputy Administrator may approve
your amendment, in which case the Privacy Act Officer will notify you
in writing, and the system manager will amend the record and send an
amended copy to you and anyone who had previously been provided with
the record. If the Deputy Administrator denies the appeal, he or she
will notify you in writing of the reason for denial, of your right to a
judicial review, and of your right to file a Statement of Disagreement.
The amendment appeal review will be made within 30 workdays after the
Privacy Act Officer receives your appeal. The Deputy Administrator may
extend the time limit by notifying you in writing of the reason for the
extension before the 30 days are up.
Sec. 105-64.407 How do I file a Statement of Disagreement?
You may file a Statement of Disagreement with the system manager
within 30 days of the denial to amend a record. The statement should
explain why you believe the record to be inaccurate, irrelevant,
untimely, or incomplete. The system manager will file the statement
with your record, provide a copy to anyone who had previously received
the record, and include a copy of it in any future disclosure.
Sec. 105-64.408 What is my recourse to a denial decision?
You may file a civil action to have the GSA decision overturned
within two years after denial of an amendment appeal. You may file the
civil action in a Federal District Court where you live or have a
principal place of business, where the records are maintained, or in
the District of Columbia.
Subpart 105-64.5--Disclosure of Records
Sec. 105-64.501 Under what conditions may a record be disclosed
without my consent?
A system manager may disclose your record without your consent
under the Privacy Act when the disclosure is: to GSA officials or
employees in the performance of their official duties; required by the
Freedom of Information Act; for a routine use stated in a Federal
Register notice; to the Bureau of the Census for use in fulfilling its
duties; for statistical research or reporting, and only when the record
is not individually identifiable; to the National Archives and Records
Administration (NARA) when the record has been determined to be of
historical or other value that warrants permanent retention; to a U.S.
law enforcement agency or instrumentality for a civil or criminal law
enforcement purpose; under compelling circumstances affecting an
individual's health and safety, and upon disclosure a notification will
be sent to the individual; to Congress or its committees and
subcommittees when the record material falls within their jurisdiction;
to the Comptroller General or an authorized representative in the
performance of the duties of the Government Accountability Office
(GAO); under a court order; or to a consumer reporting agency under the
Federal Claims Collection Act of 1966, 31 U.S.C. 3711.
Sec. 105-64.502 How do I find out if my record has been disclosed?
You may request an accounting of the persons or agencies to whom
your record has been disclosed, including the date and purpose of each
disclosure, by writing to the system manager. Mark both the envelope
and the letter ``Privacy Act Accounting Request.'' The system manager
will provide the requested information in the same way as that for
granting access to records, see Subpart 105-64.2, providing no
restrictions to disclosure or accounting of disclosures applies.
Sec. 105-64.503 What is an accounting of disclosures?
The system manager maintains an account of each record disclosure
for five years or for the life of the record, whichever is longer. The
accounting of disclosure information includes the name of the person or
agency to whom your record has been provided, the date, the type of
information disclosed, and the reason for disclosure. Other pertinent
information, such as justifications for disclosure and any written
consent that you may have provided, is also included. No accounting
needs to be maintained for disclosures to GSA officials or employees in
the performance of their duties, or disclosures under the Freedom of
Information Act.
Sec. 105-64.504 Under what conditions will I be denied an accounting
of disclosures?
The system manager will deny your request for an accounting of
disclosures when the disclosures are to GSA officials or employees in
the performance of their duties or disclosures under the Freedom of
Information Act, for which no accounting is required; law enforcement
agencies for law enforcement activities; and systems of records
exempted by notice in the Federal Register. You may appeal a denial
using the same procedures as those for denial of access to records, see
Subpart 105-64.3.
[[Page 3786]]
Subpart 105-64.6--Establishing or Revising Systems of Records in GSA
Sec. 105-64.601 Procedures for establishing system of records.
The following procedures apply to any proposed new or revised
system of records:
(a) Before establishing a new or revising an existing system of
records, the system manager, with the concurrence of the appropriate
Head of Service or Staff Office, will provide to the GSA Privacy Act
Officer a proposal describing and justifying the new system or
revision.
(b) The GSA Privacy Act Officer will submit a proposal to establish
or revise the system to the President of the Senate, the Speaker of the
House of Representatives, and the Director of the Office of Management
and Budget (OMB) for evaluation at least 40 calendar days before the
planned system establishment or revision date.
(c) The GSA Privacy Act Officer will publish in the Federal
Register a notice of intent to establish or revise the system of
records at least 30 calendar days before the planned system
establishment or revision date.
(d) The new or revised system becomes effective 30 calendar days
after the notice is published in the Federal Register unless submitted
comments result in a revision to the notice, in which case, a new
revised notice will be issued.
Subpart 105-64.7--Assistance and Referrals
Sec. 105-64.701 Submittal of requests for assistance and referrals.
Address requests for assistance involving GSA Privacy Act rules and
procedures, or for referrals to system managers or GSA officials
responsible for implementing these rules to: GSA Privacy Act Officer
(CIB), General Services Administration, 1800 F Street N.W., Washington
DC 20405.
Appendix A to Part 105-64--Addresses for Geographically Dispersed
Records
Address requests for physically dispersed records, as noted in the
system of records notices, to the Regional Privacy Act Coordinator,
General Services Administration, at the appropriate regional GSA
office, as follows:
New England Region (includes Connecticut, Maine, Massachusetts, New
Hampshire, Rhode Island, and Vermont), 10 Causeway Street, Boston, MA
02222.
Northeast and Caribbean Region (includes New Jersey, New York,
Puerto Rico, and Virgin Islands), 26 Federal Plaza, New York, NY 10278.
Mid-Atlantic Region (includes Delaware, Maryland, Pennsylvania,
Virginia, and West Virginia, but excludes the National Capital Region),
The Strawbridge Building, 20 North 8\th\ Street, Philadelphia, PA
19107-3191.
Southeast-Sunbelt Region (includes Alabama, Florida, Georgia,
Kentucky, Mississippi, North Carolina, South Carolina, and Tennessee),
Office of the Regional Administrator (4A), 77 Forsyth Street, Atlanta,
GA 30303.
Great Lakes Region (includes Illinois, Indiana, Michigan, Ohio,
Minnesota, and Wisconsin), 230 South Dearborn Street, Chicago, IL
60604-1696.
The Heartland Region (includes Iowa, Kansas, Missouri, and
Nebraska), 1500 East Bannister Road, Kansas City, MO 64131-3088.
Greater Southwest Region (includes Arkansas, Louisiana, Oklahoma,
New Mexico, and Texas), 819 Taylor Street, Fort Worth, TX 76102.
Rocky Mountain Region (includes Colorado, Montana, North Dakota,
South Dakota, Utah, and Wyoming), U.S. General Services Administration,
DFC, Bldg. 41, Rm. 210, P.O. Box 25006, Denver, CO 80225-0006.
Pacific Rim Region (includes Arizona, California, Hawaii, and
Nevada), 450 Golden Gate Avenue, San Francisco, CA 94102-3400.
Northwest/Arctic Region (includes Alaska, Idaho, Oregon, and
Washington), 400 15th Street SW, Auburn, WA 98001-6599.
National Capital Region (includes the District of Columbia; the
counties of Montgomery and Prince George's in Maryland; the city of
Alexandria, Virginia; and the counties of Arlington, Fairfax, Loudoun,
and Prince William in Virginia), 7th and D Streets, SW, Washington, DC
20407.
[FR Doc. 06-669 Filed 1-23-06; 8:45 am]
BILLING CODE 6820-34-S
