§ 1301.22 - Definitions.

§ 1301.22 Penalties.

Section 552a(i), Title 5, United States Code provides that:

(1) Criminal Penalties. Any officer or employee of an agency, 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 this section or by rules or regulations established thereunder, and who 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, shall be guilty of a misdemeanor and fined not more than $5,000.

(2) Any officer or employee of any agency who willfully maintains a system of records without meeting the notice requirements of subsection (e)(4) of this section shall be guilty of a misdemeanor and fined not more than $5,000.

(3) Any person who knowingly and willfully requests or obtains any record concerning an individual from an agency under false pretenses shall be guilty of a misdemeanor and fined not more than $5,000.

Definitions.

For purposes of §§ 1301.21 to 1301.34:

(a) The Act means section 3 of the Privacy Act of 1974, 5 U.S.C. 552a;

(b) The terms individual, maintain, record, system of records, statistical record, and routine use have the meaning provided for by the Act;

(c) The term TVA system means a system of records maintained by TVA;

(d) The term TVA system notice means a notice of a TVA system published in the Federal Register pursuant to the Act. TVA has published TVA system notices about the following TVA systems:

Apprentice Training Records - TVA.

Personnel Files - TVA.

Discrimination Complaint Files - TVA.

Work Injury Illness System - TVA.

Employee Accounts Receivable - TVA.

Health Records - TVA.

Payroll Records - TVA.

Travel History Records - TVA.

Employment Applicant Files - TVA.

Grievance Records - TVA.

Employee Supplementary Vacancy Announcement Records - TVA.

Consultant and Contractor Records - TVA.

Nuclear Quality Assurance Personnel Records - TVA.

Questionnaire - Land Use Surveys in Vicinity of Proposed or Licensed Nuclear Power Plant - TVA.

Radiation Dosimetry Personnel Monitoring Records - TVA.

Retirement System Records - TVA.

Energy Program Participant Records - TVA.

OIG Investigative Records - TVA.

Call Detail Records - TVA.

Project/Tract Files - TVA.

Section 26a Permit Application Records - TVA.

U.S. TVA Police Records - TVA.

Wholesale, Retail, and Emergency Data Files - TVA.

Nuclear Access Authorization and Fitness for Duty Records - TVA.

(e) The term appellant means an individual who has filed an appeal pursuant to § 1301.29(a) from an initial determination refusing to amend a record on request of the individual;

(f) The term reviewing official means TVA's Senior Vice President, Chief Human Resources Officer (or incumbent of a successor position), or another TVA official designated by the Senior Vice President in writing to decide an appeal pursuant to § 1301.29;

(g) The term day, when used in computing a time period, excludes Saturdays, Sundays, and legal public holidays.

[40 FR 45313, Oct. 1, 1975. Redesignated at 44 FR 30682, May 29, 1979, and amended at 53 FR 30252, Aug. 11, 1988; 56 FR 9288, Mar. 6, 1991; 57 FR 33634, July 30, 1992; 57 FR 59803, Dec. 16, 1992; 75 FR 11736, Mar. 12, 2010; 81 FR 88999, Dec. 9, 2016. Redesignated and amended at 82 FR 51757, Nov. 8, 2017]