[Federal Register Volume 66, Number 59 (Tuesday, March 27, 2001)]
[Proposed Rules]
[Pages 16633-16637]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-7340]


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THE BROADCASTING BOARD OF GOVERNORS

22 CFR Part 505


Privacy Act Regulations

AGENCY: The Broadcasting Board of Governors.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Broadcasting Board of Governors revises the Privacy Act 
regulations of the former United States Information Agency to establish 
implementation regulations.

DATES: Persons wishing to comment on the newly published Privacy Act 
Regulation may do so by April 26, 2001.

ADDRESSES: Send comments to the FOIA/Privacy Act Office, Office of the 
General Counsel, Broadcasting Board of Governors, Suite 3349, 330 
Independence Avenue, SW., Washington, DC 20237.

FOR FURTHER INFORMATION CONTACT: Caroline S. West, Assistant General 
Counsel, telephone (202) 260-4404.

SUPPLEMENTARY INFORMATION: Public Law 103-236, the United States 
Broadcasting Act of 1994, created the Broadcasting Board of Governors 
(BBG) within the United States Information Agency (USIA). By law, the 
bipartisan board consisted of nine members--eight members who were 
appointed by the President, by and with the advice and consent of the 
Senate, and the USIA Director.
    On October 21, 1998, President Clinton signed Pub. L. 105-277, the 
Omnibus Consolidated and Emergency Supplemental Appropriations Act for

[[Page 16634]]

Fiscal Year 1999. Contained as Division G of this legislation was the 
Foreign Affairs Reform and Restructuring Act of 1998, which reorganized 
the foreign affairs agencies of the U.S. Government. Under this 
reorganization, the Broadcasting Board of Governors became an 
independent Federal entity on October 1, 1999. Under the reorganization 
of the foreign affairs agencies, the responsibilities of the Board 
remained intact, and the membership of the Board remained the same, 
except that the USIA Director was replaced by the Secretary of State.
    The BBG has responsibility for oversight of all United States 
sponsored, non-military broadcasting to foreign countries. The BBG 
oversees the operations of the International Broadcasting Bureau (IBB), 
which includes the worldwide broadcasting services of the Voice of 
America (VOA), WORLDNET, the Office of Cuba Broadcasting (OCB), 
Engineering and Technical Operations, and of the two grantee 
organizations, Radio Free Europe/Radio Liberty (RFE/RL) and Radio Free 
Asia (RFA). The Board members also serve as members of the Board of 
Directors for both RFE/RL and RFA.
    The Board's authorities include:
     To review and evaluate the mission and operation of, and 
assess the quality, effectiveness, and professional integrity of, all 
such activities within the broad foreign policy objectives of the 
United States;
     To make and supervise grants for broadcasting and related 
activities for RFE/RL and RFA;
     To review, evaluate and determine, at least annually, the 
addition or deletion of language services; and
     To allocate funds appropriated for international 
broadcasting activities among the various elements of the IBB and 
grantees, subject to reprogramming notification.
    In total, the BBG broadcasting entities transmit over 2,000 hours 
of weekly programming in 61 languages to over 100 million weekly 
listeners worldwide.
    The Privacy Act of 1974 (5 U.S.C. 552a) is a Federal law which 
requires Federal agencies to limit the manner in which they collect, 
use and disclose information about American citizens or lawful 
permanent residents of the United States. The Privacy Act also provides 
that, upon request, an individual has the right to access any record 
maintained on herself/himself in an agency's files, and has the right 
to request correction of or amendment to that record.
    In accordance with 5 U.S.C. 605(b), the BBG certifies that this 
rule does not have a significant adverse economic impact on a 
substantial number of small entities. This rule is not considered to be 
a significant regulatory action within the meaning of section 3(f) of 
Executive Order 12866, nor does this rule have Federalism implications 
warranting the preparation of a Federalism Assessment in accordance 
with Executive Order 12612.

    Dated: March 19, 2001.
Brian T. Conniff,
Acting Director, International Broadcasting Bureau, Broadcasting Board 
of Governors.

List of Subjects in 22 CFR Part 505

    Privacy.
    Accordingly Part 505 is revised to read as follows:

PART 505--PRIVACY ACT REGULATION

Sec.
505.1  Purpose and Scope.
505.2  Definitions.
505.3  Procedures and requests.
505.4  Requirements and identification for making requests.
505.5  Disclosure of information.
505.6  Medical records.
505.7  Correction or amendment of record.
505.8  Agency review of requests for changes.
505.9  Review of adverse agency determination.
505.10  Disclosure to third parties.
505.11  Fees.
505.12  Civil remedies and criminal penalties.
505.13  General exemptions (Subsection (j)).
505.14  Specific exemptions (Subsection (k)).
505.15  Exempt systems of records used.

    Authority: Pub. L. 93-579, 88 Stat. 1897; 5 U.S.C. 552a.


Sec. 505.1  Purpose and scope.

    The Broadcasting Board of Governors (BBG) will protect individuals' 
privacy from misuses of their records, and grant individuals access to 
records concerning them which are maintained by the Agency's domestic 
and overseas offices, consistent with the provisions of Public Law 93-
579, 88 Stat. 1897; 5 U.S.C. 552a, the Privacy Act of 1974, as amended. 
The Agency has also established procedures to permit individuals to 
amend incorrect records, to limit the disclosure of personal 
information to third parties, and to limit the number of sources of 
personal information. The Agency has also established internal rules 
restricting requirements of individuals to provide social security 
account numbers.


Sec. 505.2  Definitions.

    (a) Access Appeal Committee (AAC)--the body established by and 
responsible to the Broadcasting Board for reviewing appeals made by 
individuals to amend records held by the Agency.
    (b) Agency, BBG, our, we or us--The BBG, its offices, divisions, 
branches and its worldwide operations.
    (c) Amend--to make a correction to or expunge any portion of a 
record about an individual which that individual believes is not 
accurate, relevant, timely or complete.
    (d) Individual or you--A citizen of the United States or an alien 
lawfully admitted for permanent residence.
    (e) Maintain--Collect, use, store, disseminate or any combination 
of these record keeping functions; exercise of control over and hence 
responsibility and accountability for systems of records.
    (f) Record--Any information maintained by the Agency about an 
individual that can be reproduced, including finger or voice prints and 
photographs, and which is retrieved by that particular individual's 
name or personal identifier, such as a social security number.
    (g) Routine use--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 common ordinary purposes for which 
records are used and all of the proper and necessary uses even if any 
such uses occur infrequently.
    (h) Statistical record--A record in a system of records maintained 
for statistical research or reporting purposes only and not used in 
whole or in part in making any determination about an identifiable 
individual, except as provided in 12 U.S.C. 8.
    (i) System of records--A group of records under the maintenance and 
control of the Agency from which information is retrieved by the name 
or personal identifier of the individual.
    (j) Personnel record--Any information about an individual that is 
maintained in a system of records by the Agency that is needed for 
personnel management or processes such as staffing, employee 
development, retirement, grievances and appeals.
    (k) Worldwide Operations--Any of the foreign service establishments 
of the Agency.


Sec. 505.3  Procedures for requests.

    (a) The agency will consider all written requests received from an 
individual for records pertaining to herself/himself as a request made 
under the Privacy Act of 1974, as amended (5 U.S.C. 552a) whether or 
not the individual specifically cites the Privacy Act when making the 
request.

[[Page 16635]]

    (b) All requests under the Privacy Act should be directed to the 
FOIA/Privacy Act Office, Office of the General Counsel, Broadcasting 
Board of Governors, Suite 3349, 330 Independence Avenue, SW., 
Washington, DC 20237, which will coordinate the search of all systems 
of records specified in the request. Requests should state name, date 
of birth, and social security number.
    (c) Requests directed to any of the Agency's worldwide 
establishments which involve routine unclassified, administrative and 
personnel records available only at those establishments may be 
released to the individual by the establishment if it determines that 
such a release is authorized by the Privacy Act.
    All other requests shall be submitted by the establishment to the 
FOIA/Privacy Act Office, Office of the General Counsel, Broadcasting 
Board of Governors, Suite 3349, 330 Independence Avenue, SW., 
Washington, DC 20237, and the individual shall be so notified of this 
section in writing, when possible.
    (d) In those instances where an individual requests records 
pertaining to herself/himself, as well as records pertaining to another 
individual, group or some other category of the Agency's records, only 
that portion of the request which pertains to records concerning the 
individual will be treated as a Privacy Act request. The remaining 
portions of such a request will be processed as a Freedom of 
Information Act request and sent to the office noted in paragraph (b) 
of this section.


Sec. 505.4  Requirements and identification for making requests.

    (a) When you seek access to Agency records, you may present your 
written request, fax it to (202) 401-6605 or mail it to the FOIA/
Privacy Act Office, Office of the General Counsel, Broadcasting Board 
of Governors, Suite 3349, 330 Independence Avenue, SW., Washington, DC 
20237. The FOIA/Privacy Act Office may be visited between the hours of 
9 a.m. and 3 p.m., Monday through Friday, except for legal holidays.
    (b) When you seek access to Agency records, you will be requested 
to present identification. You must state your full name, date of birth 
and social security number. You must also include your present mailing 
address and zip code, and if possible, a telephone number.
    (c) When signing a statement confirming your identity, you should 
understand that knowingly and willfully seeking or obtaining access to 
records about another person under false pretenses is punishable by a 
fine of up to $5,000.


Sec. 505.5  Disclosure of information.

    (a) In order to locate the system of records that you believe may 
contain information about you, you should first obtain a copy of the 
Agency's Notice of Systems of Records. By identifying a particular 
record system and by furnishing all the identifying information 
requested by that record system, it would enable us to more easily 
locate those records, which pertain to you. At a minimum, any request 
should include the information specified in Sec. 505.4(b).
    (b) In certain circumstances, it may be necessary for us to request 
additional information from you to ensure that the retrieved record 
does, in fact, pertain to you.
    (c) All requests for information on whether or not the Agency's 
system(s) of records contain information about you will be acknowledged 
within 20 working days of receipt of that request. The requested 
records will be provided as soon as possible thereafter.
    (d) If the Agency determines that the substance of the requested 
record is exceptionally sensitive, we will require you to furnish a 
signed, notarized statement that you are in fact the person named in 
the file before granting access to the records.
    (e) Original records will not be furnished subject to and in 
accordance with fees established in Sec. 505.11.
    (f) Denial of access to records:
    (1) The requirements of this section do not entitle you access to 
any information compiled in reasonable anticipation of a civil action 
or proceeding.
    (2) Under the Privacy Act, we are not required to permit access to 
records if the information is not retrievable by your name or other 
personal identifier; those requests will be processed as Freedom of 
Information Act requests.
    (3) We may deny you access to a record, or portion thereof, if 
following a review it is determined that the record or portion falls 
within a system of records that is exempt from disclosure according to 
5 U.S.C. 552a(j) and 552a(k). See Secs. 505.13 and 505.14 for a listing 
of general and specific exemptions.
    (4) The decision to deny access to a record or a portion of the 
record is made by the Agency's Privacy Act Officer, Office of 
Administration. The denial letter will advise you of your right to 
appeal the denial (See Sec. 505.9 on Access Appeal Committee's review).


Sec. 505.6  Medical records.

    If, in the judgment of the Agency, the release of medical 
information to you could have an adverse effect, the Agency will 
arrange an acceptable alternative to granting access of such records 
directly to you. This normally involves the release of the information 
to a doctor named by you. However, this special procedure provision 
does not in any way limit your absolute right to receive a complete 
copy of your medical record.


Sec. 505.7  Correction or amendment of record.

    (a) You have the right to request that we amend a record pertaining 
to you which you believe is not accurate, relevant, timely, or 
complete. At the time we grant access to a record, we will furnish 
guidelines for you to request amendment to the record.
    (b) Requests for amendments to records must be in writing and 
mailed or delivered to the FOIA/Privacy Act Officer, FOIA/Privacy Act 
Office, Office of the General Counsel, Broadcasting Board of Governors, 
Suite 3349, 330 Independence Avenue, SW., Washington, DC 20237, who 
will coordinate the review of the request to amend the record with the 
appropriate office(s). Such requests must contain, at a minimum, 
identifying information needed to locate the record, a brief 
description of the item or items of information to be amended, and the 
reason for the requested change. The requester should submit as much 
documentation, arguments or other data as seems warranted to support 
the request for amendment.
    (c) We will review all requests for amendments to records within 20 
working days of receipt of the request and either make the changes or 
inform you of our refusal to do so and the reasons.


Sec. 505.8  Agency review of requests for changes.

    (a) In reviewing a record in response to a request to amend or 
correct a file, we will incorporate the criteria of accuracy, 
relevance, timeliness, and completeness of the record in the review.
    (b) If we agree with you to amend your records, we will:
    (1) Advise you in writing;
    (2) Correct the record accordingly;
    (3) And, to the extent that an accounting of disclosure was 
maintained, advise all previous recipients of the record of the 
corrections.
    (c) If we disagree with all or any portion of your request to amend 
a record, we will:

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    (1) Advise you of the reasons for the determination;
    (2) Inform you of your right to further review (see Sec. 505.9).


Sec. 505.9  Review of adverse agency determination.

    (a) When we determine to deny a request to amend a record, or 
portion of the record, you may request further review by the Agency's 
Access Appeal Committee. The written request for review should be 
mailed to the Chairperson, Access Appeal Committee, FOIA/Privacy Act 
Office, Office of the General Counsel, Broadcasting Board of Governors, 
Suite 3349, 330 Independence Avenue, SW., Washington, DC 20237. The 
letter should include any documentation, information or statement, 
which substantiates your request for review.
    (b) The Agency's Access Appeal Committee will review the Agency's 
initial denial to amend the record and your documentation supporting 
amendment, within 30 working days. If additional time is required, you 
will be notified in writing of the reasons for the delay and the 
approximate date when the review is expected to be completed. Upon 
completion of the review, the Chairperson will notify you of the 
results.
    (c) If the Committee upholds the Agency's denial to amend the 
record, the Chairperson will advise you of:
    (1) The reasons for our refusal to amend the record;
    (2) Your right and the procedure to add to the file a concise 
statement supporting your disagreement with the decision of the Agency;
    (3) Your right to seek judicial review of the Agency's refusal to 
amend the file.
    (d) When you file a statement disagreeing with our refusal to amend 
a record, we will clearly annotate the record so that the fact that the 
record is disputed is apparent to anyone who may subsequently have 
access to, use of, or reason to disclose the file. If information is 
disclosed regarding the area of dispute, we will provide a copy of your 
statement in the disclosure. Any statement, which may be included by 
the Agency regarding the dispute, will be limited to the reasons given 
to you for not amending the record. Copies of our statement shall be 
treated as part of your record, but will not be subject to amendment by 
you under these regulations.


Sec. 505.10  Disclosure to third parties.

    We will not disclose any information about you to any person or 
another agency without your prior consent, except as provided for in 
the following paragraphs:
    (a) Medical records. May be disclosed to a doctor or other medical 
practitioner, named by you, as prescribed in Sec. 505.6.
    (b) Accompanying individual. When you are accompanied by any other 
person, we will require that you sign a statement granting consent to 
the disclosure of the contents of your record to that person.
    (c) Designees. If a person requests another person's file, he or 
she must present a signed statement from the person of record that 
authorizes and consents to the release of the file to the designated 
individual.
    (d) Guardians. Parent(s) or legal guardian(s) of dependent minors 
or of an individual who has been declared by a court to be incompetent 
due to physical, mental or age incapacity, may act for and on behalf of 
the individual on whom the Agency maintains records.
    (e) Other disclosures. A record may be disclosed without a request 
by or written consent of the individual to whom the record pertains if 
such disclosure conditions are authorized in accordance with 5 U.S.C. 
552a(b). These conditions are:
    (1) Disclosure within the Agency. This condition is based upon a 
``need-to-know'' concept, which recognizes that Agency personnel may 
require access to discharge their duties.
    (2) Disclosure to the public. No consent by an individual is 
necessary if the record is required to be released under the Freedom of 
Information Act (FOIA), 5 U.S.C. 552. The record may be exempt, 
however, under one of the nine exemptions of the FOIA.
    (3) Disclosure for a routine use. No consent by an individual is 
necessary if the condition is necessary for a ``routine use'' as 
defined in Sec. 505.2(g). Information may also be released to other 
government agencies, which have statutory or other lawful authority to 
maintain such information.
    (4) Disclosure to the Bureau of the Census. For purposes of 
planning or carrying out a census or survey or related activity. Title 
13 U.S.C. Section 8 limits the uses, which may be made of these records 
and also makes them immune from compulsory disclosure.
    (5) Disclosure for statistical research and reporting. The Agency 
will provide the statistical information requested only after all names 
and personal identifiers have been deleted from the records.
    (6) Disclosure to the National Archives. For the preservation of 
records of historical value, according to 44 U.S.C. 2103.
    (7) Disclosure for law enforcement purposes. Upon receipt of a 
written request by another Federal agency or a state or local 
government describing the law enforcement purpose for which a record is 
required, and specifying the particular record. Blanket requests for 
all records pertaining to an individual are not permitted under the 
Privacy Act.
    (8) Disclosure under emergency circumstances. For the safety or 
health of an individual (e.g., medical records on a patient undergoing 
emergency treatment).
    (9) Disclosure to the Congress. For matters within the jurisdiction 
of any House or Senate committee or subcommittee, and/or joint 
committee or subcommittee, but only when requested in writing from the 
Chairman of the committee or subcommittee.
    (10) Disclosure to the General Accounting Office (GAO). For matters 
within the jurisdiction of the duties of the GAO's Comptroller General.
    (11) Disclosure according to court order. According to the order of 
a court of competent jurisdiction. This does not include a subpoena for 
records requested by counsel and issued by a clerk of court.


Sec. 505.11  Fees.

    (a) The first copy of any Agency record about you will be provided 
free of charge. A fee of $0.15 per page will be charged for any 
additional copies requested by you.
    (b) Checks or money orders should be made payable to the United 
States Treasurer and mailed to the FOIA/Privacy Act Office, Office of 
the General Counsel, Broadcasting Board of Governors, Suite 3349, 330 
Independence Avenue, SW., Washington, DC 20237. The Agency will not 
accept cash.


Sec. 505.12  Civil remedies and criminal penalties.

    (a) Grounds for court action. You will have a remedy in the Federal 
District Court under the following circumstances:
    (1) Denial of access. You may challenge our decision to deny you 
access to records to which you consider yourself entitled.
    (2) Refusal to amend a record. Under the conditions of 5 U.S.C. 
Sec. 552a(g), you may seek judicial review of the Agency's refusal to 
amend a record.
    (3) Failure to maintain a record accurately. You may bring suit 
against the Agency for any alleged intentional and willful failure to 
maintain a record accurately, if it can be shown that you were 
subjected to an adverse action resulting in the denial of a right, 
benefit,

[[Page 16637]]

entitlement or employment you could reasonably have been expected to be 
granted if the record had not been deficient.
    (4) Other failures to comply with the Act. You may bring an action 
for any alleged failure by the Agency to comply with the requirements 
of the Act or failure to comply with any rule published by the Agency 
to implement the Act provided it can be shown that:
    (i) The action was intentional or willful;
    (ii) The Agency's action adversely affected you; and
    (iii) The adverse action was caused by the Agency's actions.
    (b) Jurisdiction and time limits. (1) Action may be brought in the 
district court for the jurisdiction in which you reside or have a place 
of residence or business, or in which the Agency records are situated, 
or in the District of Columbia.
    (2) The statute of limitations is two years from the date upon 
which the cause of action arises, except for cases in which the Agency 
has materially and willfully misrepresented any information requested 
to be disclosed and when such misrepresentation is material to the 
liability of the Agency. In such cases the statute of limitations is 
two years from the date of discovery of the misrepresentation by you.
    (3) A suit may not be brought on the basis of injury, which may 
have occurred as a result of the Agency's disclosure of a record prior 
to September 27, 1975.
    (c) Criminal penalties.--(1) Unauthorized disclosure. It is a 
criminal violation of the provisions of the Act for any officer or 
employee of the Agency knowingly and willfully to disclose a record in 
any manner to any person or agency not entitled to receive it, for 
failure to meet the conditions of disclosure listed in 5 U.S.C. 
552a(b), or without the written consent or at the request of the 
individual to whom the record pertains. Any officer or employee of the 
Agency found guilty of such misconduct shall be fined not more than 
$5,000.
    (2) Failure to publish a public notice. It is a criminal violation 
of the Act to willfully maintain a system of records and not to publish 
the prescribed public notice. Any officer or employee of the Agency 
found guilty of such misconduct shall be fined not more than $5,000.
    (3) Obtaining records under false pretenses. The Act makes it a 
criminal offense to knowingly and willfully request or gains access to 
a record about an individual under false pretenses. Any person found 
guilty of such an offense may be fined not more than $5,000.


Sec. 505.13  General exemptions (Subsection (j)).

    (a) General exemptions are available for systems of records which 
are maintained by the Central Intelligence Agency (Subsection (j)(1)), 
or maintained by an agency which performs as its principal function any 
activity pertaining to the enforcement of the criminal laws (Subsection 
(j)(2)).
    (b) The Act does not permit general exemption of records compiled 
primarily for a non-criminal purpose, even though there are some quasi-
criminal aspects to the investigation and even though the records are 
in a system of records to which the general exemption applies.


Sec. 505.14  Specific exemptions (Subsection (k)).

    The specific exemptions focus more on the nature of the records in 
the system of records than on the agency. The following categories of 
records may be exempt from disclosure:
    (a) Subsection (k)(1). Records which are specifically authorized 
under criteria established under an Executive Order to be kept secret 
in the interest of national defense or foreign policy, and which are in 
fact properly classified according to such Executive Order;
    (b) Subsection (k)(2). Investigatory records compiled for law 
enforcement purposes (other than material within the scope of 
subsection (j)(2) as discussed in Sec. 505.13(a)). If any individual is 
denied any right, privilege, or benefit for which she/he would 
otherwise be eligible, as a result of the maintenance of such material, 
the material shall be provided to the individual, unless disclosure of 
the material would reveal the identify of a source who has been pledged 
confidentiality;
    (c) Subsection (k)(3). Records maintained in connection with 
protection of the President and other VIPs accorded special protection 
by statute;
    (d) Subsection (k)(4). Records required by statute to be maintained 
and used solely as statistical records.
    (e) Subsection (k)(5). Records compiled solely for the purpose of 
determining suitability, eligibility, or qualifications for Federal 
civilian employment, military service, Federal contracts, or access to 
classified information, but only if disclosure of the material would 
reveal the identify of a confidential source that furnished information 
to the Government.
    (f) Subsection (k)(6). Testing or examination records used solely 
to determine individual qualifications for appointment or promotion in 
the Federal service when the disclosure of such would compromise the 
objectivity or fairness of the testing or examination process.
    (g) Subsection (k)(7). Evaluation records used to determine 
potential for promotion in the armed services, but only if disclosure 
would reveal the identity of a confidential source.


Sec. 505.15  Exempt systems of records used.

    The BBG is authorized to use exemptions (k)(1), (k)(2), (k)(4), 
(k)(5) and (k)(6).

[FR Doc. 01-7340 Filed 3-26-01; 8:45 am]
BILLING CODE 8610-01-P