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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 
  (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 
  (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 

   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 

   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 
  (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 
  (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 
  (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 
  (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 

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