[Privacy Act Issuances (2005)]
[From the U.S. Government Publishing Office, www.gpo.gov]
BOARD FOR INTERNATIONAL BROADCASTING
TABLE OF CONTENTS
BIB-1 General Financial Records.
BIB-2 Payroll Records.
BIB-3 Grievance Records
Appendix.
BIB--1
System name: General Financial Records--BIB.
System location: General Services Administration, Central Office;
copies held by the Board (GSA holds records for the Board under
contract).
Categories of individuals covered by the system: Board members,
staff and consultants, past and present.
Categories of records in the system: SF-1038 application and
account for advance of funds; vendor register and vendor payment
tape.
Authority for maintenance of the system: 31 U.S.C., generally; Pub.
L. 93-129, October 19, 1973.
Routine uses of records maintained in the system, including
categories of users and the purposes of such uses: See Appendix.
Records are also released to GAO for audits; to IRS for
investigation; and to private attorneys, pursuant to a power of
attorney.
Policies and practices for storing, retrieving, accessing,
retaining, and disposing of records in the system:
Storage: Paper and Tape.
Retrievability: Manual and automated by name.
Safeguards: Stored in guarded building; released only to authorized
personnel.
Retention and disposal: Disposition of records shall be in
accordance with the HB GSA Records Maintenance and Disposition System
(OAD P 1820.2).
System manager(s) and address: Special Assistant to the Executive
Director, Board for International Broadcasting, Suite 430, 1030
Fifteenth Street, NW, Washington, DC 20005.
Notification procedure: Contact system manager listed above.
Record access procedures: See Board access regulations in Title 1
CFR ch.IV, part 415.
Contesting record procedures: See Board access regulations in Title
1 CFR ch.IV, part 415.
Record source categories: The subject individual; the Board.
BIB--2
System name: Payroll Records--BIB.
System location: General Services Administration; Region Three
office; copies held by the Board (GSA holds records for Board under
contract).
Categories of individuals covered by the system: Board members,
staff and consultants, past and present.
Categories of records in the system: Varied payroll records,
including, among other documents, time and attendance cards; payment
vouchers; comprehensive listing of employees; health benefits
records; requests for deductions; tax forms; W2 forms; overtime
requests; leave data; retirement records.
Authority for maintenance of the system: 31 U.S.C., Generally; Pub.
L. 93-129, October 19, 1973.
Routine uses of records maintained in the system, including
categories of users and the purposes of such uses: See appendix.
Records also are released to GAO for audits; to the IRS for
investigation; and to private attorneys, pursuant to a power of
attorney.
Policies and practices for storing, retrieving, accessing,
retaining, and disposing of records in the system:
Storage: Paper and tape.
Retrievability: Social security number.
Safeguards: Stored in guarded building; released only to authorized
personnel.
Retention and disposal: Disposition of records shall be in
accordance with the HB GSA Records Maintenance and Disposition System
(OAD P 1820.2).
System manager(s) and address: Special Assistant to the Executive
Director, Board for International Broadcasting, Suite 430, 1030
Fifteenth Street, NW, Washington, DC 20005.
Notification procedure: Contact the system manager listed above.
Record access procedures: See Board access regulations in Title 1
CFR chapter IV, part 415.
Contesting record procedures: See Board access regulations in Title
1 CFR chapter IV, part 415.
Record source categories: The subject individual; the Board.
BIB--3
System name: Grievance Records--BIB.
System location: Agency Liaison Division, General Services
Administration (GSA), which under contractual arrangement holds such
records. Board for International Broadcasting (BIB) personnel files
contain copies.
Categories of individuals covered by the system: Current and former
Board Members, staff and consultants.
Categories of records in the system: System contains records
relating to grievances filed by current and former Board Members,
staff and consultants. Case files contain all documents related to a
given grievance, including statements of witnesses, reports of
interviews and hearings, examiner's findings and recommendations,
copy of the original decision and related correspondence and
exhibits.
Authority for maintenance of the system: 31 U.S.C. generally; Pub.
L. 93-129, October 19, 1973.
Routine uses of records maintained in the system, including
categories of users and the purposes of such uses: These records and
information in these records may be used:
a. To disclose pertinent information to the appropriate Federal,
State or local agency responsible for investigating, prosecuting,
enforcing or implementing a statute, rule, regulation or order, where
the disclosing agency becomes aware of an indication of a violation
or potential violation of civil or criminal law or regulation.
b. To disclose information to any source from which additional
information is requested in the course of processing a grievance to
the exent necessary to identify the individual, inform the source of
the purpose(s) of the request and identify the type of information
requested.
c. To provide information to a congressional office from the
record of an individual in response to an inquiry from that
congressional office made at the request of that individual.
d. By the National Archives and Records Administration in records
management inspections conducted under authority of 44 U.S.C. 2904
and 2906.
e. To disclose information to officials of the National Merit
Systems Protection Board, including the Office of the Special
Counsel; the Federal Labor Relations Authority and its General
Counsel; or the Equal Employment Opportunity Commission, when
requested in performance of their authorized duties.
f. To provide information to officials of labor organizations
reorganized under the Civil Service Reform Act, when relevant and
necessary to their duties of exclusive representation concerning
personnel policies, practices and matters affecting work conditions.
Policies and practices for storing, retrieving, accessing,
retaining, and disposing of records in the system:
Storage: These records are maintained in file folders.
Retrievability: These records are retrieved by the names of the
individuals on whom they are maintained.
Safeguards: These records are maintained in lockable metal filing
cabinets to which only authorized personnel have access.
Retention and disposal: These records are destroyed 3 years after
closing of a given case. Disposal is by shredding or burning.
System manager(s) and address: Budget and Administrative Officer,
Board for International Broadcasting, 1030 15th Street, NW, Suite
430, Washington, DC 20005.
Notification procedure: It is required that individuals submitting
grievances be provided a copy of the record under the grievance
process. They may, however, contact the agency personnel office or
other such designated office where the action was processed,
regarding the existence of such records on them. They must furnish
the following information for their records to be located and
identified:
a. Name.
b. Date of birth.
c. Approximate date of closing of the case and kind of action
taken.
d. Organizational component involved.
Record access procedures: It is required that individuals
submitting grievances by provided a copy of the record under the
grievance process. However, after the action has been closed, an
individual may request access to the official copy of the grievance
file by contacting the BIB Budget and Administrative Officer.
Individuals must provide the following information for their
records to be located and identified:
a. Name.
b. Date of birth.
c. Approximate date of closing of the case and kind of action
taken.
d. Organizational component involved.
Individuals requesting access must also follow the BIB's Privacy
Act regulations regarding access to records and verification of
identity (1 CFR ch. IV, part 415).
Contesting record procedures: Review of requests from individuals
seeking amendment of their records which have been the subject of a
judicial or quasi-judicial action will be limited in scope. Review of
amendment requests of these records will be restricted to determining
if the record accurately documents the action of the agency ruling on
the case and will not include a review of the merits of the action,
determination or finding.
Individuals wishing to request amendment to their records to
correct factual errors should contact the agency personnel office or
other such designated office where the grievance was processed.
Individuals must furnish the following information for their records
to be located and identified:
a. Name.
b. Date of birth.
c. Approximate date of closing of the case and kind of action
taken.
d. Organizational component involved.
Individuals requesting access must also follow the BIB's Privacy
Act regulations regarding access to records and verification of
identity (1 CFR ch.IV, part 415).
APPENDIX
In the event that a system of records maintained by this agency
to carry out its functions indicates a violation or potential
violation of law, whether civil, criminal or regulatory in nature,
and whether arising by general statute or particular program statute,
or by regulation, rule or order issued pursuant thereto, the relevant
records in the system of records may be referred, as a routine use,
to the appropriate agency, whether Federal, State, local or foreign,
charged with the responsibility of investigating or prosecuting such
violations or charged with enforcing or implementing the statute, or
rule, regulation or order issued pursuant thereto.
A record from this system of records may be disclosed as a
``routine use'' to a Federal, State or local agency maintaining
civil, criminal or other relevant enforcement information or other
pertinent information, such as current licenses, if necessary to
obtain information relevant to an agency decision concerning the
hiring or retention of an employee, the issuance of a security
clearance, the letting of a contract or the issuance of a license,
grant or other benefit.
A record from this system of records may be disclosed to a
Federal agency, in response to its request, in connection with the
hiring or retention of an employee, the issuance of a security
clearance, the reporting of an investigation of an employee, the
letting of a contract, or the issuance of a license, grant or other
benefit by the requesting agency, to the extent that the information
is relevant and necessary to the requesting agency's decision in the
matter.
A record from this system of records may be disclosed to an
authorized appeal grievance examiner, formal complaints examiner,
equal employment opportunity investigator, arbitrator or other duly
authorized official engaged in investigation or settlement or a
grievance, complaint, or appeal filed by an employee. A record from
this system of records may be disclosed to the United States Civil
Service Commission in accordance with the agency's responsibility for
evaluation and oversight of Federal personnel management.
A record from this system of records may be disclosed to officers
and employees of a Federal agency for purposes of audit.
The information contained in this system of records will be
disclosed to the Office of Management and Budget in connection with
the review of private relief legislation as set forth in OMB Circular
No. A-19 at any stage of the legislative coordination and clearance
process as set forth in that circular.
BOARD FOR INTERNATIONAL BROADCASTING
Title 22-Foreign Relations
PART 1301--BOARD FOR INTERNATIONAL BROADCASTING--(PRIVACY ACT OF
1974)
Sec.
1301.1 Purpose and scope.
1301.2 Definitions.
1301.3 Procedures for requests pertaining to individual records in a
record system.
1301.4 Times, places, and requirements for the identification of the
individual making a request.
1301.5 Disclosure of requested information to the individual.
1301.6 Access to the accounting of disclosures from records.
1301.7 Request for correction or amendment to the record.
1301.8 Agency review of request for correction or amendment of the
record.
1301.9 Appeal of an initial adverse agency determination on correction
or amendment of the record.
1301.10 Disclosure of record to a person other than the individual to
whom the record pertains.
1301.11 Fees.
Authority: 5 U.S.C. 552a; Pub. L. 93-579.
Source: 41 FR 10413, Mar. 11, 1976, unless otherwise noted.
Redesignated at 45 FR 17137, Mar. 18, 1980.
Sec. 1301.1 Purpose and scope.
The purposes of these regulations are to:
(a) Establish a procedure by which an individual can determine if the
Board for International Broadcasting (hereafter known as the Board)
maintains a system of records which includes a record pertaining to the
individual; and
(b) Establish a procedure by which an individual can gain access to a
record pertaining to him or her for the purpose of review, amendment
and/or correction.
Sec. 1301.2 Definitions.
For the purpose of these regulations--
(a) The term ``individual'' means a citizen of the United States or an
alien lawfully admitted for permanent residence;
(b) The term ``maintain'' includes maintain, collect, use or
disseminate;
(c) The term ``record'' means any item, collection or grouping of
information about an individual that is maintained by the Board,
including, but not limited to, his or her employment history, payroll
information, and financial transactions and that contains his or her
name, or the identifying number, symbol, or other identifying particular
assigned to the individual, such as social security number;
(d) The term ``system of records'' means a group of any records under
the control of the Board 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; and
(e) 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.
Sec. 1301.3 Procedures for requests pertaining to individual records
in a record system.
An individual shall submit a request to the Budget and Administrative
Officer of the Board, Suite 430, 1030 Fifteenth Street, Northwest,
Washington, DC 20005, in person or in writing, to determine if a system
of records named by the individual contains a record pertaining to the
individual, or if the Board maintains any systems of record which
pertain to the individual. The individual shall submit a request to the
Budget and Administrative Officer of the Board which states the
individual's desire to review his or her record. Individuals who require
assistance in identifying systems of record, or in preparing requests
identifying systems of record for access, or who need assistance in
requesting amendments, may address such requests to the Budget and
Administrative Officer of the Board, Suite 430, 1030 Fifteenth Street,
Northwest, Washington, DC 20005.
Sec. 1301.4 Times, places, and requirements for the identification
of the individual making a request.
An individual making a request to the Budget and Administrative
Officer of the Board pursuant to Sec. 1301.3 shall present the request
at the Board offices, Suite 430, 1030 Fifteenth Street, NW, Washington,
DC 20005, on any business day between the hours of 9 a.m. and 5:30 p.m.,
or in writing. The individual submitting the request should present
himself or herself at the Board's offices with a form of identification
which will permit the Board to verify that the individual is the same
individual as contained in the record requested, such as a valid
driver's permit, employee identification card, or Medicare card, or a
signed statement from the individual asserting his or her identity and
stipulating that he or she understands that knowingly or willfully
seeking or obtaining access to records about another individual under
false pretenses is punishable by a fine of up to $5,000. If the
individual seeks access by mail, the Board will require similar
identification as required of those persons requesting access to records
in person, or by identifying data such as name, date of birth, or system
personal identifier (if known to the individual). Requests for access to
systems of record will be acknowledged within ten days of receipt. The
acknowledgement will indicate whether or not access can be granted and,
if so, that it will be within a 30-day period unless, for good cause
shown, the Board is unable to do so.
Sec. 1301.5 Disclosure of requested information to the individual.
Upon verification of identity either in person or in written form to
the Budget and Administrative Officer of the Board, Suite 430, 1030
Fifteenth Street, Northwest, Washington, DC 20005, and in accordance
with the identification provisions of Sec. 1301.4, the Board shall
disclose to the individual the information contained in the record which
pertains to that individual. The individual may be accompanied for the
purpose by a person of his or her choosing. Upon request of the
individual to whom the record pertains, all information in the
accounting of disclosures will be made available. If, for any unforeseen
circumstances, or in an unusual situation when it may be necessary to
deny a person access, the individual will be advised of the reasons
therefor, and his or her right to judicial review under 5 U.S.C.
552a(f)(4).
Sec. 1301.6 Access to the accounting of disclosures from records.
The Privacy Act requires that with some limited exceptions individuals
may request access to a list of those to whom records about them have
been disclosed. Individuals seeking access to the accounting of
disclosures from records pertaining to them should follow the same
procedures as established above for access to the records themselves
(see Secs. 1301.3, 1301.4, 1301.5).
Sec. 1301.7 Request for correction or amendment to the record.
The individual should submit a request to the Budget and
Administrative Officer of the Board which states the individual's desire
to correct or to amend his or her record. This request is to be made in
accord with the provisions of Sec. 1301.4.
Sec. 1301.8 Agency review of request for correction or amendment of
the record.
Within ten working days of the receipt of the request to correct or to
amend the record, the Budget and Administrative Officer of the Board
will acknowledge in writing such receipt and promptly either--
(a) Make any correction or amendment or any portion thereof which the
individual believes is not accurate, relevant, timely, or complete; or
(b) Inform the individual of his or her refusal to correct or to amend
the record in accordance with the request, the reason for the refusal,
and the procedures established by the Board for the individual to
request a review of that refusal. Corrections or amendments will be sent
to prior recipients of the record in question, to the extent that the
Board has an accounting of the disclosure of the record of that
information.
Sec. 1301.9 Appeal of an initial adverse agency determination on
correction or amendment of the record.
An individual who disagrees with the refusal of the Budget and
Administrative Officer of the Board to correct or to amend his or her
record may submit a request for a review of such refusal to the
Executive Director of the Board for International Broadcasting, Suite
430, 1030 Fifteenth Street, NW, Washington, DC 20005. The Executive
Director will, not later than thirty working days from the date on which
the individual requests such review, complete such review and make a
final determination unless, for good cause shown, the Executive Director
extends such thirty day period. If, after his or her review, the
Executive Director also refuses to correct or to amend the record in
accordance with the request, the individual may file with the Board a
concise statement setting forth the reasons for his or her disagreement
with the refusal of the Board and may seek judicial review of the
Executive Director's determination under 5 U.S.C. 552a (g)(1)(A). A copy
of the corrected record or statement of dispute will be provided to
prior recipients of the information in question, to the extent that the
Board has an accounting of the disclosure of that information.
Sec. 1301.10 Disclosure of record to a person other than the
individual to whom the record pertains.
The Board will not disclose a record to any individual other than to
the individual to whom the record pertains without receiving the prior
written consent of the individual to whom the record pertains, except as
required or permitted under 5 U.S.C. 552a(b).
Sec. 1301.11 Fees.
If an individual requests copies of his or her record, he or she shall
be charged ten cents per page for any copying charges in excess of $25.
In cases of indigency, the Board may waive such fees. In cases where
copying charges exceed $25, advance payment will be required.