[Code of Federal Regulations]
[Title 41, Volume 1]
[Revised as of July 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 41CFR51-9.701]

[Page 80-81]
 
           TITLE 41--PUBLIC CONTRACTS AND PROPERTY MANAGEMENT
 
CHAPTER 51--COMMITTEE FOR PURCHASE FROM PEOPLE WHO ARE BLIND OR SEVERELY 
                                DISABLED
 
PART 51 9_PRIVACY ACT RULES--Table of Contents
 
 Subpart 51     9.7_Rules of Conduct for Disclosure of Information About an 
                               Individual
 
Sec. 51-9.701  Committee rules of conduct.


    (a) Every Committee member and employee who is involved in the 
design, development, operation, or maintenance of a system of records, 
or who has access to a system of records, shall familiarize himself with 
the requirements of the Privacy Act of 1974 (5 U.S.C. 552a) and the 
Committee regulations and orders issued thereunder and apply these 
requirements to all systems of records.
    (b) No Committee member or employee shall disclose any record which 
is contained in a system of records by any means of communication to any 
person, or to another agency, except pursuant to a written request by, 
or with the prior written consent of the individual to whom the record 
pertains, unless the disclosure would be to a recipient specified in 
paragraph (c) of this section. The term ``record'' means any item, 
collection, or grouping of information about an individual that is 
maintained by an agency, including but not limited to, his education, 
financial transactions, medical history, and criminal or employment 
history and that contains his name, or the identifying number, symbol, 
or other identifying particular assigned to the individual, such as a 
finger or voice print or a photograph. The term ``system of records'' 
means a group of any records under the control of the Committee from 
which information is retrieved by the name of the individual or by some 
identifying number symbol, or other identifying particular assigned to 
the individual. The term ``routine use'' means, with respect to the 
disclosure of a record, the use of such record for a purpose which is 
compatible with the purpose for which it was collected. The term 
``individual'' means a citizen of the United States or an alien lawfully 
admitted for permanent residence. The term ``agency'' is defined in 5 
U.S.C. 552(e).
    (c) An employee may disclose any record which is contained in a 
system of records, without a written request by and without the prior 
written consent of the individual to whom the record pertains, if the 
disclosure would be:
    (1) To those Committee members and employees of the agency which 
maintains the record who have a need for the record in the performance 
of their duties;
    (2) Required under section 552 of Title 5 U.S.C.;
    (3) For a routine use as described in paragraph (b) of this section;
    (4) To the Bureau of the Census for purposes of planning or carrying 
out a census or survey or related activity pursuant to the provisions of 
Title 13 U.S.C.;
    (5) To a recipient who has provided the agency with advance adequate 
written assurance that the record will be used solely as a statistical 
research or reporting record, and the record is to be transferred in a 
form that is not individually identifiable;
    (6) To the National Archives of the United States as a record which 
has sufficient historical or other value to warrant its continued 
preservation by the United States Government, or for

[[Page 81]]

evaluation by the Administrator of General Services or his designee to 
determine whether the record has such value;
    (7) To another agency or to an instrumentality of any governmental 
jurisdiction within or under the control of the United States for a 
civil or criminal law enforcement activity if the activity is authorized 
by law, and if the head of the agency or instrumentality has made a 
written request to the agency which maintains the record specifying the 
particular portion desired and the law enforcement activity for which 
the record is sought;
    (8) To a person pursuant to a showing of compelling circumstances 
affecting the health or safety of an individual if upon such disclosure 
notification is transmitted to the last known address of such 
individual;
    (9) To either House of Congress, or, to the extent of matter within 
its jurisdiction, any committee or subcommittee thereof, any joint 
committee of Congress or subcommittee of any such joint committee;
    (10) To the Comptroller General, or any of his authorized 
representatives, in the course of the performance of the duties of the 
General Accounting Office; or
    (11) Pursuant to the order of a court of competent jurisdiction.
    (d) No Committee member or employee shall maintain a record 
describing how any individual exercises rights guaranteed by the First 
Amendment unless expressly authorized by statute or by the individual 
about whom the record is maintained or unless pertinent to and within 
the scope of an authorized law enforcement activity.
    (e) No Committee member or employee shall sell or rent an 
individual's name and address unless such action is specifically 
authorized by law.
    (f) A Committee member or employee, who by virtue of his employment 
or official position, has possession of, or access to, agency records 
which contain individually identifiable information the disclosure of 
which is prohibited by paragraph a of this section or by any other rules 
or regulations established under the Privacy Act of 1974, and who (1) 
knowing that disclosure of the specific material is so prohibited, 
willfully discloses the material in any manner to any person or agency 
not entitled to receive it, or (2) willfully maintains a system of 
records without meeting the notice requirements of the Privacy Act of 
1974, or (3) knowingly and willfully requests or obtains any record 
concerning an individual from any agency under false pretenses, is 
subject to criminal penalties and administrative sanctions. Any 
Committee member or employee who (i) makes a determination not to amend 
an individual's record in accordance with the Privacy Act of 1974, or 
(ii) refuses to comply with an individual's request to gain access to 
review, and obtain a copy of any information pertaining to him, or (iii) 
fails to maintain any record concerning any individual with such 
accuracy, relevance, timeliness, and completeness as is necessary to 
assure fairness in any determination relating to the qualifications, 
character, rights, or opportunities or of benefits to the individual 
that may be made on the basis of such record, and consequently a 
determination is made which is adverse to the individual, or (iv) fails 
to comply with any provision of the Privacy Act of 1974 or any Committee 
regulation implementing it, subjects the Committee to civil penalties 
and himself to administrative sanctions.