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part 51-8.3 of this part. Upon request, (g) To another agency or instrumenan individual shall receive an account- tality of any governmental jurisdiction ing of any disclosure of information within or under the control of the about him.
United States for a civil or criminal
law enforcement activity if the activiSubpart 51-8.2—Disclosure of ty is authorized by law, and if the Records
head of the agency or instrumentality
has made a written request to the § 51-8.201 Conditions of disclosure.
agency which maintains the record
specifying the particular portion deNo Committee member or employee
sired and the law enforcement activity of the Committee shall disclose any for which the record is sought. record to any person or to another
(h) To a person showing compelling agency without the express written
circumstances affecting the health consent of the subject individual
and safety of an individual (not necesunless the disclosure is:
sarily the individual to whom the (a) To Committee members or em
record pertains). Upon such disclosure, ployees who have a need for the infor
a notification of such shall be sent to mation in the official performance of
the last known address of the inditheir duties.
vidual. (b) Required under the provisions of
(i) To either House of Congress or to the Freedom of Information Act.
a subcommittee or committee (joint or (c) For a routine use as published in
of either House, to the extent that the the annual notice in the FEDERAL REG
subject matter falls within their jurisISTER.
diction). (d) To the Bureau of Census for uses
(j) To the Comptroller General, or pursuant to Title 13.
any of his authorized representatives (e) To a recipient who has provided in the course of the performance of the agency with advance adequate the duties of the General Accounting written assurance that the record will Office, or be used solely as a statistical research
(k) Pursuant to the order of the or reporting record and the record is
court of competent jurisdiction. to be transferred in a form that is not individually identifiable. The written $ 51-8.202 Accounting of disclosures. statement should include as a mini
(a) Except for disclosures made purmum: (1) A statement of the purpose for
suant to paragraphs (a) and (b) of requesting the records, and
§ 51-8.201 of this part, an accurate ac
counting of each disclosure will be (2) Certification that the records
made and retained for five years after will be used only for statistical pur
the disclosure or for the life of the poses.
record, whichever is longer. The ac. These written statements shall be counting will include the date, nature, maintained as records. In addition to and purpose of each disclosure, and stripping, personally identifying infor- the name and address of the person or mation from records released for sta- agency to whom the disclosure is tistical purpose, the Committee will made. ensure that the identity of the individ (b) The accounting will be recorded ual cannot reasonably be deducted by and maintained in any manner the Excombining various statistical records. ecutive Director determines is satisfac
(f) To the National Archives of the tory for the purposes of constructing a United States as a record which has listing of all disclosures, and for prosufficient historical or other value to viding a cross reference to the justifiwarrant its continued preservation by cation or basis upon which the disclothe United States Government, or for sure was made, including written docuevaluation by the Administrator of mentation required when records are General Services or his designee to de- released for statistical or law enforcetermine whether the record has such ment purposes and any written convalue.
sents provided by the individual.
(c) Except for disclosures made to result in substantial harm, embarrassagencies or instrumentalities in law ment, inconvenience, or unfairness to enforcement activities in accordance the subject individual, the Executive with $ 51-8.201(e)(2) or for disclosures Director may require a notarized statemade from systems exempted from ment of identity. The Executive Directhis requirement of the Act as out. tor shall ensure that such times, lined in Subpart 51-8.6 of this part, places, and requirements for identifithe accounting of disclosures will be cation are not excessive and do not remade available to the individual upon strict individual access unduly. request. Procedures for requesting access to the accounting are outlined § 51-8.303 Access procedures. in Subpart 51-8.3 of this part.
8 51-8.303–1 Form of requests. Subpart 51-8.3—Individual Access to
(a) An individual must request access
to his record in writing. The Executive Records
Director shall accept by telephone
only general inquiries for information $ 51-8.301 Notification.
regarding systems of records or proceAny individual who wishes to deter- dures. mine if a system of records maintained (b) A written request should be diby the Committee contains a record rected to the Executive Director as pertaining to him should direct a re listed in the public notice describing quest to the Executive Director at the the system of records. The individual address indicated in the public notice should display clearly on the face of describing the system of records which the request letter and on the face of has been published in the FEDERAL the envelope the legend “Privacy Act REGISTER. The request should display Request”, and include the complete clearly the legend "Privacy Act Re name and identifying number of the quest” both on the face of the request system as published in the FEDERAL letter and on the face of the envelope. REGISTER; the full name, address, the The request letter should contain the telephone number of the individual; a
plete name and identifying brief description of the nature, time, number of the system as published in place and circumstances of the individthe FEDERAL REGISTER; the full name, ual's association with the Committee; address, and telephone number of the and any other information which the subject individual; a brief description individual believes would facilitate the of the nature, time, place and circum Executive Director's search for the stances of the individual's association with the Committee and any other in (c) An individual who wishes to have formation which the individual be- a person of his choosing accompany lieves would facilitate the Executive him in reviewing a record must sign a Director's determination whether the statement authorizing the disclosure individual's name is included in the of his record in the presence of ansystem of records. The Executive Di other individual, if so requested by the rector shall answer or acknowledge Executive Director. An individual who the request within ten working days. intends to visit the Committee office
in order to review a record should $ 51-8.302 Times, places and requirements make an appointment with the Execufor access requests.
tive Director at least one week in adRecords will be available for author vance. ized access during normal business hours at the offices where the records
$ 51-8.303-2 Special requirements for are located. A requester should be pre
medical/psychological records. pared to identify himself through pro (a) The Executive Director may reduction of a driver's license, student or quire an individual who requests employee identification card, or other access to his medical or psychological identification acceptable to the Execu- record to designate a physician of his tive Director. When the disclosure of choice to whom he may disclose the records to the wrong individual would individual's record if in the opinion of
the Executive Director, disclosure di (f) The Executive Director shall rectly to the individual might be maintain in an individual's record an harmful.
accounting of disclosures to the indi(b) The Executive Director shall vidual's documenting compliance with mark records which should not be dis- the request. closed directly to the subject individu- (g) The procedures for access to an al and shall inform an individual re accounting of disclosures is identical questing such records of the require to the procedure for access to a record ment to designate a physician to as set forth in this section. whom the records can be disclosed.
$ 51-8.303–4 Denials of access. $ 51-8.303-3 Granting access.
(a) The Executive Director may (a) Upon receipt of a request for deny any individual access to his access to non-exempt records, the Ex- record only on the grounds that the ecutive Director shall make such rec Committee has published rules in the ords available to the individual, or FEDERAL REGISTER exempting the pershall acknowledge the request within tinent system of records from the ten working days. The acknowledg- access requirement. ment shall indicate when the Execu (b) Upon receipt of a request for tive Director will make the record access to an exempt system, the Exavailable.
ecutive Director shall prepare a letter (b) If the Executive Director antici denying access. The letter of denial pates more than ten days in making a shall contain a justification for denial record available he also shall include of access which includes appropriate in the acknowledgement specific rea- citation to the exemption provisions of sons for the delay.
these rules or other FEDERAL REGISTER (c) If an individual's request for notice exempting the system. access does not contain sufficient information to permit the Executive Di. $ 51-8.304 Fees. rector to locate the record, the Executive Director shall request additional
$ 51-8.304-1 Records available without information from the individual and
charge. shall have ten working days following
The Executive Director shall make receipt of the additional information
one copy of a record available to an in which to make the record available, employee without charge, and may or to acknowledge receipt of the re waive the fee requirement for any quest and indicate when the record other individual requesting records if will be available. In no case shall more the cost of collecting the fee is an information be requested from the in unduly large part of, or greater than, dividual than that contained in the the fee, or when furnishing the record pertinent system of records.
without charge conforms to generally (d) The Executive Director, at his established business custom or is in discretion, either shall permit an indi the public interest. vidual to examine the original of the record, or shall provide the individual
§ 51-8.304-2 Records available at a fee. with a copy of the record. Fees shall The Executive Director shall provide be charged only for copies requested one copy of a record to the individual by the individual and not for copies at a fee prescribed in § 51-8.304-5. A provided to the individual for conven reasonable number of additional ience of the agency.
copies will be provided for the applica(e) An individual may request to pick ble fee where reproduction services are up a record in person or receive it by not readily available. mail, directed to the name and address provided by the individual in his re
§ 51-8.304-3 Prepayment of fees over $25. quest. The Executive Director shall When the Executive Director deternot make a record available to a third mines that the anticipated total fee is party for delivery to the subject indi- likely to exceed $25, he shall notify vidual, except in the case of medical the individual that he must prepay records outlined in § 51-8.303-2.
the anticipated fee prior to making
the records available. The Committee request including a description of the will remit the excess paid by the indi. request and the date when the revidual or bill the individual for an ad- quester may except to be advised of ditional amount according to vari. action taken on the request. Except in ations between the final fee charged unusual circumstances, the Executive and the amount prepaid.
Director shall complete the review
within 30 working days. In unusual cir$ 51-8.304-4 Form of payment.
cumstances, causing delay beyond the Payment shall be by check or money
30 day limit, the Executive Director order payable to the Committee for shall inform the individual in writing Purchase from the Blind and Other
of the cause of delay, the actions Severely Handicapped and shall be ad
taken to review the record, and the dressed to the Executive Director.
date the Executive Director antici
pates the review to be complete. $ 51-8.304-5 Reproduction fee schedule. (b) When reviewing a record in re
(2) The fee for reproducing a copy of sponse to a request to amend, the Exa record (by routine electrostatic copy
ecutive Director shall assess the accuing) up to and including material 842 X
racy, relevance, timeliness, and com14 inches shall be $0.10 per page.
pleteness of the record to ensure fair(b) The fee for reproducing a copy of
ness to the individual in any determia record over 8/2 X 14 inches or whose
nation made on the basis of the physical characteristics do not permit
record. With respect to a request to reproduction by routine electrostatic
delete information, the Executive Di
rector also shall review the request copying shall be the direct cost of reproducing the records through Gov
and record to determine whether the
information is relevant and necessary ernment or commercial sources.
to accomplish an agency purpose re
quired to be accomplished by law or Subpart 51-8.4-Requests To Amend
$ 51-8.403 Approval of requests to amend. 8 51-8.401 Submission of requests to If the Executive Director agrees to amend records.
amend a record, he promptly shall (a) An individual who desires to make the necessary corrections to the amend any record or information per record and shall send a copy of the taining to him should direct a written corrected record to the individual. request to the Executive Director, Where an accounting of disclosure has Committee for Purchase from the been maintained, he shall advise all Blind and Other Severely Handi- previous recipients of the record of capped, 2009 14th Street, N., Arling the fact that a correction was made ton, Virginia 22201.
of/and the substance of the correc(b) A request should bear the legend tion. Where practicable, the Executive “Privacy Act-Request to Amend Director shall send a copy of the corRecord” prominently marked on both rected record to previous recipients. the face of the request letter and the envelope.
§ 51-8.404 Refusal of request to amend.
(a) The Executive Director, or any $ 51-8.402 Review of requests to amend
official acting for him, shall have the records.
authority to issue an initial refusal of (a) Upon receipt of a request to a request to amend a record within his amend a record, the responsible offi- custody and shall be responsible for cial, whenever practicable shall com- the initial adverse agency determinaplete the review and advise the indi. tion. vidual of the results within ten work. (b) If the Executive Director, after ing days. If a determination cannot be reviewing the request to amend a made within ten working days, the Ex record, determines not to amend the ecutive Director, within ten working record, he promptly shall advise the days, shall send the individual a writ- requester in writing of the determinaten acknowledgment of receipt of the tion. The refusal letter (1) shall state the reasons for refusal, (2) shall state advise the individual that such statethe requester's right to seek a review ment of disagreement will be made of the initial determination, and (3) available in any subsequent disclosures shall state the procedures for request of the record together with a concise ing such review.
statement summarizing reasons for re
fusal where the responsible official 8 51-8.405 Request of review of refusal to
deems it appropriate. The Chairman amend a record.
also will advise the individual of his (a) An individual who disagrees with
right to bring civil action against the the refusal to amend may appeal that agency in a district court of the United refusal with the Committee. An indi States. vidual should address a request for review of a refusal to amend any Subpart 51-8.5—Report on New Sysrecord, exclusive of a personnel record tems and Alteration of Existing of a current Committee employee to
Systems the Chairman, Committee for Purchase from the Blind and Other Se- $ 51-8.501 Reporting requirement. verely Handicapped, 2009 14th Street (a) No later than 30 days prior to the N., Suite 610, Arlington, Virginia establishment of a new systems of rec22201.
ords, the Executive Director shall (b) A request to review must be in
submit a copy of the proposal to the writing and should include a copy of
President of the Senate, the Speaker the initial request and refusal to of the House of Representatives, and amend. The request to review should
the Director of the Office of Managebear the legend “Privacy Act-Request ment and Budget for their evaluation for Review of Refusal to Amend” on of the probable or potential effect of both the face of the letter and the en
such proposal on the privacy and velope. The Chairman shall complete
other personal or property rights of the review and make a determination individuals of the disclosure of inforno later than 30 working days after re- mation relating to such individuals. ceipt of the request for review, unless (b) No later than 30 days prior to a determination is made to extend the the alteration of a system of records, 30 day period. If a determination is the Executive Director for the maintemade to extend the 30 day period, the nance of that system of records shall Chairman shall notify the requester in submit a copy of the proposal to the writing of the reasons for the delay President of the Senate, the Speaker and the date when the review will be of the House of Representatives, and completed.
the Director of the Office of Manage(c) Upon receipt of a request to ment and Budget for their evaluation review a refusal to amend, the Chair of the probable or potential effect of man shall undertake an independent such proposal on the privacy and review of the request and initial deter- other personal or property rights of mination. If, after conducting the individuals of the disclosure of inforreview, the Chairman agrees to mation relating to such individuals. amend, he shall notify the requester promptly in writing of the determina
8 51-8.502 Federal Register notice of es. tion, amend the record, and notify pre
tablishment of new system or altervious recipients in accordance with ation of existing system. $ 51-8.403.
(a) When the Executive Director re(d) If, after conducting the review, ceives notice that the Senate, the the Chairman agrees with the refusal House of Representatives, and the to amend the record, he shall notify Office of Management and Budget do the requester promptly in writing of not object to the establishment of a the determination. The notification new system of records, or the altershall include the reasons for the refus- ation of an existing system of records, al, and shall advise the individual of or his right to file a statement of dis- (b) When no fewer than 30 days agreement, and the procedures for elapse from the submission of the prodoing so. The Chairman also shall posal to the Senate, the House of Rep