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BROADCASTING BOARD OF GOVERNORS

Broadcasting Board of Governors

NOTICE: NOTICES

ACTION: Privacy Act:

DOCUMENT ACTION: Notice of systems of records.

SUBJECT CATEGORY: Privacy Act of 1974: Notice of Systems of Records

DATES: Effective date: This notice is effective 30 days from the date of publication. Persons wishing to comment on the systems or amended systems may do so through the above date at the address listed below.

DOCUMENT SUMMARY: This document is a compilation of the Broadcasting Board of Governors' Systems of Records maintained under the Privacy Act of 1974 (5 U.S.C. 552a), as amended. The Broadcasting Board of Governors (BBG) is a relatively new Agency and this is its first compilation of systems notices.

The compilation of the BBG's System of Records is made in compliance with the President's Memorandum of May 14, 1998 on Privacy and Personal Information in Federal Records. The President directed Federal agencies to review their information practices and ensure that they are conducted in accordance with privacy law and policy, because ensuring that the Federal government protects the privacy of personal information is a priority of the Administration. Office of Management and Budget (OMB) clearance is pending.

SUMMARY: Systems of records,

SUPPLEMENTAL INFORMATION

The BBG has never published a System of Records under the Privacy Act of 1974 (5 U.S.C. 552a), as amended, because it is a new agency that was created on October 1, 1999.

The Privacy Act created a statutory framework governing how the Federal government collects, maintains, uses and disseminates information about certain individuals.

Increased computerization of Federal records permits information to be used and analyzed in ways that could diminish individual privacy in the absence of additional safeguards. Therefore, we are assuring that the use of new information technologies sustains, and does not erode, the protections provided in the collection, use, retention and disclosure of personal information. The personal information will be handled in compliance with the requirements of the Privacy Act.

The Privacy Act provides that, upon request, an individual has the right to access any record maintained on that person in an agency's system of records. Under the Privacy Act, a ``system of records'' is a group of any records under the control of an agency 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.

The Privacy Act further provides that an individual may make a request to gain access to his/her records or to any records pertaining to him that is contained within an agency's system of records, and that the individual may permit another individual to accompany him/her to review the record and have a copy made at the individual's expense. The agency may require that the individual requesting access to the records furnish a written statement authorizing discussion of the individual's record in the accompanying person's presence. The individual may request amendment of a record pertaining to him/her within the agency's system of records if the individual believes that the record is not accurate, relevant, timely or complete. In order for a request to be considered, the individual will clearly note the specific and precise portion of each record that the individual disagrees. The agency will then consider the individual's request, and determine whether it is appropriate to amend the record. If the agency deems amendment of the record appropriate, the agency will amend the record and so notify the individual. If the agency deems amendment of the record inappropriate, the agency will issue a refusal to the individual within 30 days of the individual's request that states the reason's for the refusal and the procedures established by the agency for the individual to request review of the agency's determination. Accompanying the agency's refusal will be the name(s) and addresses of the designated agency official(s) to whom the individual may request review of the agency's decision not to amend the record. Use of the Privacy Act as a mechanism to obtain access to files compiled in anticipation of a civil action or proceeding is forbidden.

The Privacy Act requires each agency to publish in the Federal Register a description denoting the type and character of each system of records that the agency maintains, and the routine uses that are contained in each system, as a means to notify individuals regarding the purposes for which personally identifiable information is disclosed and to assist the individual to more easily find such files within the Agency.

The BBG's publication of a system of records will readily enable individuals to determine if there are records maintained about the individual in the Agency's systems of records. Additionally, the publication of the Agency's systems notices will emphasize to Agency personnel the importance of protecting and regulating the collection, maintenance, use and dissemination of personal information.

OMB clearance is pending; the ``Notice of Systems of Records'' was submitted to OMB on July 7, 2004. The authority for maintaining these systems is the Privacy Act of 1974, 5 U.S.C. 552a, as amended.

Dated: July 27, 2004.
Carol Booker,
Acting General Counsel.
Table of Contents
Statement of General Routine Uses Applicable to All BBG Systems of Records
BBG1Broadcasting Board of Governors Staff Files
BBG2Office of the General Counsel Litigation Files
BBG3Office of the General Counsel (FOIA and Privacy Act Unit) BBG4Office of Legal Counsel Ethics Files (Financial Disclosure Reports)
BBG5IBB Director's Executive Secretariat Files
BBG6M/AOffice of Administration (Travel Card Program)
BBG7M/AOffice of Administration (Employee Parking)
BBG8M/AOffice of Administration (Office Travel Records)
BBG9M/CONOffice of Contracts (Vendor DataBase File Extracts) BBG10M/CONOffice of Contracts (Acquisition and Procurement Workforce Information System)
BBG11M/CONOffice of Contracts (Suspension and Debarment
Information System)
BBG12M/POffice of Personnel
BBG13M/PTOffice of Personnel (Training and Development
Division)
BBG14M/SECOffice of Security (Personnel Security and Integrity Records)
BBG15OCBOffice of Cuba Broadcasting
BBG16OCROffice of Civil Rights
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(Complaint Files)
BBG17OCROffice of Civil Rights (General Files)
BBG18OCROffice of Civil Rights (Minority Groups)
BBG19P/KOffice of External Affairs (Clearance Files for
Speaking, Teaching and Writing, and Approval Files for Outside Employment)
Statement of General Routine Uses Applicable to All BBG System of Records Files

The following routine uses apply to and are incorporated by reference into each system of records (BBG1 through BBG19) set forth in this Notice:

1. Disclosure for Law Enforcement Purposes

Information may be disclosed to the appropriate Federal, State, local, tribal or foreign agency responsible for investigating, prosecuting, enforcing, reviewing or implementing a statute, rule, regulation, license or order, if the information is relevant to a potential violation or civil or criminal law or regulation within the apparent jurisdiction of the entity.

2. Disclosure Incident to Requesting Information

Information may be disclosed to any source from which additional information is requested ( to the extent necessary to identify the individual, inform the source of the purpose of the request, and to identify the type of information requested), when necessary to obtain information related to an agency decision concerning retention of the individual, or other personnel action (except hiring), retention or issuance of a security clearance, the letting of a contract, subcontract, cooperative agreement, grant, or other financial arrangement, or other benefit.

3. Disclosure to Requesting Agency

Information may be disclosed to a Federal, State, local, foreign, tribal or other public authority of the fact that this system of records contains information relevant to the retention of an employee, the retention or granting of a security clearance, the letting or retention of a contract, subcontract, cooperative agreement, grant or other financial arrangement, or the issuance or retention of a license or other benefit. The other agency or organization may then make a request supported by the written consent of the individual if it so chooses. No disclosure will be made unless the agency has a good faith belief that the information has been determined to be sufficiently reliable to support a referral to another office within the agency or to another Federal agency for criminal, civil, administrative, personnel, or regulatory action.

4. Disclosure to the Office of Management and Budget

Information may be disclosed to the Office of Management and Budget at any stage in the legislative coordination and clearance process in connection with legislation as set forth in OMB Circular No. A19. 5. Disclosure to Congressional Offices

Information may be disclosed to a congressional office from the record of an individual in response to an inquiry from the congressional office made at the request of the individual. 6. Disclosure to the Department of Justice or for Litigation or Other Proceedings

Information may be disclosed to the Department of Justice, or in a proceeding before a court, adjudicative body, or other administrative body before which the Agency is authorized or required to appear. Such disclosures may occur in circumstances in which the Agency determines that litigation is likely to affect the Agency or any of its components, and the Agency is a party to the litigation or has an interest in such litigation, the Department of Justice or the Agency is deemed to be relevant and necessary to the litigation, and the use of the records is compatible with the purpose for which the records or information were collected. Information may also be disclosed in connection with litigation or settlement discussions regarding claims by or against the Agency, including public filing with a court, arbitrator, mediator, administrative body or other deciding or mediating official or body, as relevant and necessary to the discussions or proceedings, and except where court orders are otherwise required under section (b)(11) of the Privacy Act, 5 U.S.C. 552a(b)(11).

7. Disclosure for Hiring or Retention of Employee

Information may be disclosed from this system of records to a Federal, State or local agency in response to a request by the agency in connection with the hiring, retention or investigation of an employee, issuance of a security clearance, letting of a grant or contract, or the issuance of a license, grant or other benefit by the requesting agency, to the extent that such information is deemed relevant to the requesting agency's decision.

8. Disclosure to the Office of Personnel Management

Information may be disclosed to the Office of Personnel Management pursuant to the Agency's responsibility or authority for oversight or evaluation of Federal personnel management.
9. Disclosure to the National Archives or Federal Records Management Centers

Information may be disclosed to the National Archives or Federal Records Management Centers as necessary for purposes of records management or records management inspections.
10. Disclosure for Administrative Claims, Complaints, Appeals

Information may be disclosed to an authorized appeal grievance examiner, formal complaints examiner, equal opportunity employment investigator or official, arbitrator, mediator, opposing counsel or representative, or other person properly engaged in investigation, settlement, litigation or decision regarding an administrative grievance, complaint, claim, or appeal filed by an employee, but only to the extent that the information is relevant and necessary to the proceeding. Agencies that may obtain information under this routine use include, but are not limited to, the Office of Personnel Management, Office of Special Counsel, Merit Systems Protection Board, Federal Labor Relations Authority, Equal Employment Opportunity Commission, and Office of Government Ethics.

11. Disclosure to Contractors, Grantees and Others

Information may be disclosed to contractors, grantees, consultants, or volunteers performing or working on a contract, grant, cooperative agreement, job, service, or other activity for the Agency and who have a need to have access to the information in the performance of their duties or activities for the Agency. Where appropriate, the Agency may require such individuals or entities to comply with the Privacy Act, as provided in 5 U.S.C. 552a(m).

12. Disclosure to Federal Agencies for Purposes of Audit

A record from this system of records may be disclosed to authorized employees of a Federal agency for purposes of audit or program review. Examples of such agencies include, but are not limited to, Offices of Inspector General, General Accounting Office, Department of the Treasury, and Office of Management and Budget.
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13. Disclosure to Department of State

A record from this system of records may be disclosed to the Department of State and its posts abroad for the purpose of transmission of information between organizational units of the Agency, or for purposes related to the responsibilities of the Department of State in conducting foreign policy or protecting United States citizens, such as the assignment of employees to positions abroad, the reporting of accidents abroad, evacuation of employees and dependents, and other purposes for which officers and employees of the Department of State have a need for the records in the performance of their official duties.
14. Disclosure to International or Foreign Agencies or Entities

A record in this system of records may be disclosed to a foreign government or international agency when necessary to facilitate the conduct of U.S. relations with that government or agency through the issuance of such documents as visas, country clearances, identification cards, drivers' licenses, diplomatic lists, licenses to import or export personal effects, and other official documents and permits routinely required in connection with the official service or travel abroad of the individual and her or his dependents.

15. Disclosure Under Foreign Assistance Act

A record in this system of records may be disclosed to Federal agencies with which the Agency has entered into an agreement to provide services to assist the Agency in carrying out its functions under the Foreign Assistance Act of 1961, as amended. Such disclosures would be for transmitting information between organizational units of the Agency, for providing to the original employing agency information concerning the services of its employee while under the supervision of the Agency, including performance evaluations, reports of conduct, awards and commendations, and information normally obtained in the course of personnel administration and employee supervision, or for providing other information directly related to the purpose of the interagency agreement as set forth therein, and necessary and relevant to its implementation.

16. Disclosure Pursuant to FOIA

A record in this system of records may be disclosed to the Department of Justice to determine whether disclosure thereof is required by the Freedom of Information Act (5 U.S.C. 552). A record in this system of records may be disclosed when the information is subject to exemption under the Freedom of Information Act (5 U.S.C. 552), but the Agency, in its discretion, determines not to assert the exemption. 17. Disclosure to State and Local Tax Authorities

A record from this system of records may be disclosed to state and local tax authorities with which the Secretary of the Treasury has entered into agreements and only to those state and local taxing authorities for which the employee is subject to tax (whether or not tax is withheld).
BBG1