[Privacy Act Issuances (1997)]
[From the U.S. Government Publishing Office, www.gpo.gov]
BROADCASTING BOARD OF GOVERNORS
Table of Contents
BBG-1. IBB Director's Executive Secretariat Files--B.
BBG-2. Contract Talent Vendor Files--B/PA.
BBG-3. Employee Personnel Files--B/PA.
BBG-1
System name:
IBB Director's Executive Secretariat Files--B.
System location:
International Broadcasting (IBB) Bureau Director's Office,
Executive Secretariat, 330 Independence Avenue, SW, Washington, DC
20547.
Security classification:
Some documents may be classified confidential or secret.
Categories of individuals covered by the system:
Members of the White House Staff, Members of Congress and their
staff, heads of other executive agencies of the Federal government
and members of the general public.
Categories of records in the system:
Correspondence addressed to the Director of IBB, as well as the
Director of USIA, and copies of responses to requests for reports,
information and/or assistance of various kinds prepared by the IBB
Director or designated representative.
Authority for maintenance of the system:
Federal Records Act of 1950, as amended, 44 U.S.C. 3101-3167;
Records Disposal Act of 1943, as amended, 44 U.S.C. 3301-3314.
Routine uses of records maintained in the system, including
categories of users and the purposes of such uses:
Reference file to provide oversight of the flow of requests of
the IBB Director for reports on programming effectiveness of IBB
broadcasts, information and/or assistance of various kinds, and to
monitor the accomplishment of responses to such requests.
Also see Prefatory Statement of General Routine Uses.
Information is made available on a need-to-know basis to
personnel of the IBB and the USIA as may be required in the
performance of their official duties.
The information may also be released to other government agencies
who have statutory or other lawful authority to maintain such
information.
Policies and practices for storing, retrieving, accessing,
retaining, and disposing of records in the system:
Storage:
Records are stored in a computer maintained by and located within
the IBB Secretariat and maintained as paper records in file folders
in the Secretariat.
Retrievability:
Records are cross-indexed by individual name, organization,
subject file and by computer reference number.
Safeguards:
Computer records are accessible only to authorized employees of
the IBB Director's staff. Paper records are kept in locked file
cabinets which are contained in a secure area.
Retention and disposal:
Records are maintained indefinitely.
System manager(s) and address:
Supervisory Staff Analyst, Executive Secretariat, IBB, USIA, 330
Independence Avenue, SW, Washington, DC 20547.
Notification procedure:
Executive Secretariat, IBB, USIA, 330 Independence Avenue, SW,
Washington, DC 20547.
Record access procedures:
Requests from individuals should be addressed to: Chief, FOIA/
Privacy Act Unit, USIA, 301 4th Street, SW, Washington, DC 20547. To
request another individual's file, the requester must have a
notarized signed statement from the individual to whom the file
pertains.
Contesting record procedures:
The Agency's rules for access and for contesting contents and
appealing determinations by the individual concerned.
Record source categories:
Unsolicited correspondence from U.S. Government officials and
members of the general public addressed to the IBB Director or the
Director of USIA concerning VOA, Worldnet, and/or Cuban Broadcasting.
Exemtpions claimed for the system:
Certain records contained within this system of records may be
exempted from 5 U.S.C. 552a (c)(3), (d), (e)(1), (e)(4), (g), (h) and
(f). See 22 CFR 505.15.
BBG-2
System name:
Contract Talent Vendor Files--B/PA.
System location:
International Broadcasting Bureau (IBB), United States
Information Agency (USIA), Cohen Building, 330 Independence Avenue,
SW, Washington, DC 20547.
Security classification:
Individual documents up to Confidential.
Categories of individuals covered by the system:
All contract talent vendors who perform free-lance services for
the International Broadcasting Bureau (IBB).
Categories of records in the system:
Records and information pertaining to the testing and
qualification of vendors; security clearance applications and
approvals; copies of contracts, and detailed record of services
performed by vendors and payments made by IBB for these services.
Authority for maintenance of the system:
Pub. L. 80-402; United States Information and Educational
Exchange Act of 1948, as amended.
Routine uses of records maintained in the system, including
categories of users and the purposes of such uses:
Provide necessary reference information for use by IBB
administrative offices in meeting their daily responsibilities of
advising on and coordinating programming and fiscal activities
relating to contracting in free-lance talent vendors.
Also see Prefatory Statement of General Routine Uses.
Information is made available on a need-to-know basis to
personnel of the USIA as may be required in the performance of their
official duties.
Information in these records is not normally available to
individuals or agencies outside the USIA but records may be released
to other government agencies who have statutory or other lawful
authority to maintain such information.
Policies and practices for storing, retrieving, accessing,
retaining, and disposing of records in the system:
Storage:
Information is retained in document form in file folders and in
automated data base system.
Retrievability:
Document and computer files are indexed by vendor's name.
Safeguards:
Document files are locked in security-approved file cabinets.
Computer records require appropriate password to gain access. General
access to files is permitted only to administrative staffs and other
top management officials having a need to know such information in
the normal performance of their duties.
Retention and disposal:
Files are retained for three to four years after last date of
services rendered by vendor, after which time files are then
destroyed in accordance with established USIA records disposition
procedures.
System manager(s) and address:
Director of Administration, International Broadcasting Bureau
(IBB), USIA, Cohen Building, 330 Independence Avenue, SW, Washington,
DC 20547.
Notification procedure:
Director of Administration, International Broadcasting Bureau
(IBB), USIA, 330 Independence Avenue, SW, Washington, DC 20547.
Record access procedures:
Requests from individuals should be addressed to: Chief, FOIA/
Privacy Act Unit, USIA, 301 4th Street, SW, Washington, DC 20547. To
request another individual's file, the requester must have a
notarized signed statement from the individual to whom the file
pertains.
Contesting record procedures:
The Agency's rules for access and for contesting contents and
appealing determinations by the individual concerned appeal in 22 CFR
part 505.
Record source categories:
Information is received from vendor (application forms); from
USIA Security Office (approval of security clearance request); from
documents generated through the normal process of using a vendor and
making payments for services rendered (purchase orders and payment
records).
Exemptions claimed for the system:
Not applicable.
BBG-3
System name:
Employee Personnel Files--B/PA.
System location:
International Broadcasting Bureau (IBB), United States
Information Agency (USIA), Cohen Building, 330 Independence Avenue,
SW., Washington DC 20547.
Security classification:
Individual documents up to Confidential.
Categories of individuals covered by the system:
International Broadcasting Bureau (IBB) domestic employees and
overseas American employees.
Categories of records in the system:
Records and information pertaining to the testing, recruitment
and appointment of employees (application forms, fiscal documents
covering related expenses); records concerning post-appointment
changes in employee skills, qualifications, and experience; copies of
SF-50 ``Notice of Personnel Action'' and payroll change slips.
Authority for maintenance of the system:
Pub. L. 80-402, United States Information and Exchange Act of
1948, as amended.
Routine uses of records maintained in the system, including
categories of users and the purposes of such uses:
Files maintained for convenience due to physical separation from
Personnel Office; provide necessary background/reference information
for use by IBB Administrative Offices in meeting their daily
responsibilities of advising on and coordinating programming,
personnel and fiscal activities relating to recruitment, hiring and
employment of staff employees. Also see Prefatory Statement of
General Routine Uses.
Information is made available on a need-to-know basis to
personnel of the USIA as may be required in the performance of their
official duties. Information in these records is not normally
available to individuals or agencies outside the USIA but records may
be released to other government agencies who have statutory or other
lawful authority to maintain such information.
Policies and practices for storing, retrieving, accessing,
retaining, and disposing of records in the system:
Storage:
All information is retained in document form in file folders and
is retained electronically.
Retrievability:
Files are indexed alphabetically by employee name.
Safeguards:
All files are locked in security-approved file cabinets,
automated systems require appropriate security procedures for access.
Access to files is permitted only to administrative staffs and other
top management officials having a need to know such information in
the normal performance of their duties.
Retention and disposal:
Files may be retained for up to two years then destroyed in
accordance with established USIA records disposal procedures. Copies
of documents for which originals exist in Office of Personnel Folders
and which are removed from official personnel folders when an
employee resigns, are also removed from administrative files and
destroyed.
System manager(s) and address:
Director of Personnel, International Broadcasting Bureau (IBB),
United States Information Agency (USIA), Cohen Building, 330
Independence Avenue, SW, Washington, DC 20547.
Notification procedure:
Director of Personnel, International Broadcasting Bureau (IBB),
United States Information Agency (USIA), Cohen Building, 330
Independence Avenue, SW, Washington, DC 20547.
Record access procedures:
Requests from individuals should be addressed to: Chief, FOIA/
Privacy Act Unit, USIA, 301 4th Street, SW, Washington, DC 20547. To
request another individual's file, the requester must have a
notarized signed statement from the individual to whom the file
pertains.
Contesting record procedures:
The Agency's rules for access and for contesting contents and
appealing determinations by the individual concerned appear in 22 CFR
part 505.
Record source categories:
Information is received from employees (application forms); from
employees' supervisors (employees' experience, performance, and
recommendations for promotions, etc.); from organizational personnel
and fiscal elements (SF 50 personnel actions, payroll change clips,
etc.).
Exemptions claimed for the system:
Not applicable.
BROADCASTING BOARD OF GOVERNORS
BROADCASTING BOARD OF GOVERNORS
22 CFR PART 505--PRIVACY ACT POLICIES AND PROCEDURES
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; 55 FR 31940,
Aug. 6, 1990, as amended.
Source: 62 FR 10630, Mar. 7, 1997.
Nomenclature changes: FR 54539, Oct. 7, 1999.
Sec. 505.1 Purpose and scope.
The Broadcasting Board of Governors will protect individuals' privacy
from misuse of their records, and grant individuals access to records
concerning them which are maintained by the Board'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
Board 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 Board 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 Director of Broadcasting Board of Governors for
reviewing appeals made by individuals to amend records held by the
Board.
(b) Board --The Broadcasting Board of Governors, its offices,
divisions, branches and its Foreign Service establishments.
(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--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 and 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 13 U.S.C. 8.
(i) System of records--A group of records under the maintenance and
control of the Board 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 Board that is needed for
personnel management or processes such as staffing, employee
development, retirement, grievances and appeals.
(k) Post--Any of the foreign service branches of the Board.
Sec. 505.3 Procedures for requests.
(a) The Board 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.
(b) All requests under the Privacy Act should be directed to the
Broadcasting Board of Governors, Office of the General Counsel, FOIA/
Privacy Act Unit (GC/FOI), 301 4th Street, SW, Washington, DC 20547,
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 the Board's overseas posts which involve
routine unclassified, administrative and personnel records available
only at those posts may be released to the individual by the post if the
post determines that such release is authorized by the Privacy Act. All
other requests shall be submitted by the post to the Office of the
General Counsel, FOIA/Privacy Act Unit (GC/FOI), 301 4th Street, SW,
Washington, DC 20547, 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 Board'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 by the
office noted in paragraph (b) of this section.
Sec. 505.4 Requirements and identification for making requests.
(a) Individuals seeking access to Board records may present their
written request or may mail their request to the Broad, Office of
General Counsel, FOI/Privacy Act (GC/FOI) Unit, 301 4th Street, SW,
Washington, DC 20547. The GC/FOI Unit may be visited between the hours
of 9 a.m. and 4 p.m., Monday through Friday, except for legal holidays.
(b) Individuals, seeking access to Agency records, will be requested
to present some form of identification. Individuals should state their
full name, date of birth and a social security number. An individual
must also include her/his present mailing address and zip code, and if
possible a telephone number.
(c) When signing a statement confirming one's identity, individuals
should understand that knowingly and willfully seeking or obtaining
access to records about another individual 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 an individual
believes may contain information about herself/himself, an individual
should first obtain a copy of the Board'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 will enable
the Agency to more easily locate those records which pertain to the
individual. At a minimum, any request should include the information
specified in Sec. 505.4(b) above.
(b) In certain circumstances, it may be necessary for the Agency to
request additional information from the individual to ensure that the
retrieved record does, in fact, pertain to the individual.
(c) All requests for information on whether or not the Agency's
system(s) of records contain information about the individual will be
acknowledged within ten working days of receipt of the 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, the Board will require the individual
to furnish a signed, notarized statement that she/he is in fact the
person named in the file before granting access to the records.
(e) Original records will not be released from the custody of the
records system manager. Copies will 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 an individual
access to any information compiled in reasonable anticipation of a civil
action or proceeding.
(2) Under the Privacy Act, the Board is not required to permit access
to records if the information is not retrieable by the individual's name
or other personal identifier; those requests will be processed as
Freedom of Information Act requests.
(3) The Agency may deny an individual 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
pursuant 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 Board's Privacy Act Officer, Office of the General
Counsel. The denial letter will advise the individual of her/his rights
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 Board, the release of medical information
directly to the requester could have an adverse effect on the requester,
the Board will arrange an acceptable alternative to granting access of
such records to the requester. This normally involves the release of the
information to a doctor named by the requester. However, this special
procedure provision does not in any way limit the absolute right of the
individual to receive a complete copy of her or his medical record.
Sec. 505.7 Correction or amendment of record.
(a) An individual has the right to request that the Board amend a
record pertaining to her/him which the individual believes is not
accurate, relevant, timely, or complete. At the time the Board grants
access to a record, it will furnish guidelines for requesting amendments
to the record.
(b) Requests for amendments to records must be in writing and mailed
or delivered to the Board Privacy Act Officer, Office of the General
Counsel, 301 4th Street, SW, Washington, DC 20547, who will coordinate
the review of the request to amend a 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) The Board will review all requests for amendments to records
within 10 working days of receipt of the request and either make the
changes or inform the requester of its refusal to do so and the reasons
therefore.
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, the Board shall incorporate the criteria of accuracy, relevance,
timeliness, and completeness of the record in the review.
(b) If the Board agrees with an individual's request to amend a
record, it shall:
(1) Advise the individual 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 the Board disagrees with all or any portion of an individual's
request to amend a record, it shall:
(1) Advise the individual of the reasons for the determination;
(2) Inform the individual of her/his right to further review (see
Sec. 505.9).
Sec. 505.9 Review of adverse agency determination.
(a) When the Board determines to deny a request to amend a record, or
portion of the record, the individual may request further review by the
Board's Access Appeal Committee. The written request for review should
be mailed to the Chairperson, Access Appeal Committee, USIA, Office of
Public Liaison, 301 4th Street, SW, Washington, DC 20547. The letter
should include any documentation, information or statement which
substantiates the request for review.
(b) The Board's Access Appeal Committee will review the Agency's
initial denial to amend the record and the individual's documentation
supporting amendment, within 30 working days. If additional time is
required, the individual 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
the individual of the results.
(c) If the Committee upholds the Board's denial to amend the record,
the Chairperson will advise the individual of:
(1) The reasons for the Board's refusal to amend the record;
(2) Her/his right and the procedure to add to the file a concise
statement supporting the individual's disagreement with the decision of
the Board;
(3) Her/his right to seek judicial review of the Agency's refusal to
amend the file.
(d) When an individual files a statement disagreeing with the Board's
refusal to amend a record, the Board 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, the Board will
provide a copy of the individual's statement in the disclosure. Any
statement which may be included by the Board regarding the dispute will
be limited to the reasons given to the individual for not amending the
record. Copies of the Agency's statement shall be treated as part of the
individual's record, but will not be subject to amendment by the
individual under these regulations.
Sec. 505.10 Disclosure to third parties.
The Board will not disclose any information about an individual to any
person or another agency without the prior consent of the individual
about whom the information is maintained, except as provided for in the
following paragraphs.
(a) Medical records. May be disclosed to a doctor or other medical
practitioner, named by the individual, as prescribed in Sec. 505.6
above.
(b) Accompanying individual. When a requester is accompanied by any
other person, the agency will require that the requester sign a
statement granting consent to the disclosure of the contents of the
record to that person.
(c) Designees. If a person requests another person's file, she or he
must present a signed statement from that person of record which
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 under the provisions of 5 U.S.C.
552a(b). These conditions are:
(1) Disclosure within the Board. This condition is based upon a
``need-to-know'' concept which recognizes that Board 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 S505.2(g). Information may also be released to other government
agencies which have statutory or other lawful authority to maintain such
information. (See Appendix I--Prefatory Statement of General Routine
Uses).
(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 made of these records and also makes
them immune from compulsory disclosure.
(5) Disclosure for statistical research and reporting. The Board 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, pursuant 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, pursuant to a written request 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 pursuant to court order. Pursuant 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 an individual will be
provided free of charge. A fee of $0.15 per page will be charged for any
additional copies requested by the individual.
(b) Checks or money orders should be made payable to the United States
Treasurer and mailed to the Freedom of Information Act/Privacy Act Unit,
Office of the General Counsel, 301 4th Street, SW, Washington, DC 20547.
The Board will not accept cash.
Sec. 505.12 Civil remedies and criminal penalties.
(a) Grounds for court action. An individual will have a remedy in the
Federal District Courts under the following circumstances:
(1) Denial of access. Individuals may challenge an Board decision to
deny them access to records to which they consider themselves entitled.
(2) Refusal to amend a record. Under conditions prescribed in 5 U.S.C.
552a(g), an individual may seek judicial review of the Board's refusal
to amend a record.
(3) Failure to maintain a record accurately. An individual may bring
suit against the Board for any alleged intentional and willful failure
to maintain a record accurately, if it can be shown that the individual
was subjected to an adverse action resulting in the denial of a right,
benefit, entitlement or employment the individual could reasonably have
expected to be granted if the record had not been deficient.
(4) Other failures to comply with the Act. An individual 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 Board's action adversely affected the individual; and
(iii) The adverse action was caused by the Board's actions.
(b) Jurisdiction and time limits. (1) Action may be brought in the
district court for the jurisdiction in which the individual resides or
has a place of residence or business, or in which the Board 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 Board has
materially and willfully misrepresented any information requested to be
disclosed and when such misrepresentation is material to the liability
of Board. In such cases the statute of limitations is two years from the
date of discovery by the individual of the misrepresentation.
(3) A suit may not be brought on the basis of injury which may have
occurred as a result of the Board'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 Board 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 enumerated 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 Board 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 gain 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 complied
primarily for a noncriminal 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
systems 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 pursuant 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 complied 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 identify of a confidential source.
Sec. 505.15 Exempt systems of records used.
USIA is authorized to use exemptions (k)(1), (k)(2), (k)(4), (k)(5),
and (k)(6). The following Board components currently maintain exempt
systems of records under one or more of these specific exemptions:
Executive Secretariat; Education and Cultural Exchange Program; Legal
Files; Privacy Act and Freedom of Information Act Files; Employee
Grievance Files; Recruitment Records; Employee Master Personnel Records;
Foreign Service Selection Board Files; Employee Training Files;
Personnel Security and Integrity Records; International Broadcasting
Bureau Director's Executive Secretariat Files; and International
Broadcasting Bureau Employee Personnel Files.