Notice2022-10089
Privacy Act of 1974; System of Records
Primary source
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Published
May 11, 2022
Issuing agencies
Agency for International Development
Abstract
The Agency for International Development (USAID) is issuing public notice of its intent to modify its system of records entitled USAID--008-Personnel Security and Suitability Investigations Records, last published in the Federal Register on May 1, 2013, in accordance with the Privacy Act of 1974, as amended. USAID is updating this system of records to provide clarification on the routine uses; and update the addresses for the location of the system.
Full Text
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<title>Federal Register, Volume 87 Issue 91 (Wednesday, May 11, 2022)</title>
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[Federal Register Volume 87, Number 91 (Wednesday, May 11, 2022)]
[Notices]
[Pages 28794-28797]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-10089]
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AGENCY FOR INTERNATIONAL DEVELOPMENT
Privacy Act of 1974; System of Records
AGENCY: Agency for International Development (USAID).
ACTION: Notice of modified Privacy Act system of records.
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SUMMARY: The Agency for International Development (USAID) is issuing
public notice of its intent to modify its system of records entitled
USAID--008-Personnel Security and Suitability Investigations Records,
last published in the Federal Register on May 1, 2013, in accordance
with the Privacy Act of 1974, as amended. USAID is updating this system
of records to provide clarification on the routine uses; and update the
addresses for the location of the system.
DATES: Submit comments on or before 10 June 2022. This modified system
of records will be effective 10 June 2022 upon publication. The Routine
Uses are effective at the close of the comment period.
ADDRESSES: You may submit comments:
Electronic
<bullet> Federal eRulemaking Portal: <a href="http://www.regulations.gov">http://www.regulations.gov</a>.
Follow the instructions on the website for submitting comments.
<bullet> Email: <a href="/cdn-cgi/l/email-protection#f7a7859e8196948eb78284969e93d9909881"><span class="__cf_email__" data-cfemail="1444667d6275776d546167757d703a737b62">[email protected]</span></a>.
Paper
<bullet> Fax: 202-916-4946.
<bullet> Mail: Chief Privacy Officer, United States Agency for
International Development, 1300 Pennsylvania Avenue NW, Washington, DC
20523.
FOR FURTHER INFORMATION CONTACT: Ms. Celida A. Malone, USAID Privacy
Program at United States Agency for International Development, Bureau
for Management, Office of the Chief Information Officer, Information
Assurance Division: ATTN: USAID Privacy Program, 1300 Pennsylvania
Avenue NW, Washington, DC 20523, or by phone number at 202-916-4605.
SUPPLEMENTARY INFORMATION: USAID is proposing to modify its Personnel
Security and Suitability Investigations Records SORN to update the
system locations and enhance the descriptions of routine uses for
records maintained in this system to provide further transparency into
USAID's recordkeeping and information sharing practices. The Personal
Security and Suitability Investigations Records are maintained by the
USAID Office of Security (SEC). SEC has been charged with providing
security services to protect USAID personnel and facilities, safeguard
national security information, and promote and preserve personal
integrity. SEC receives investigative authority from the Director of
National Intelligence and the Office of Personnel Management to conduct
personnel security investigations for USAID and all other Federal
Agencies/Departments permitted under the delegation.
SYSTEM NAME AND NUMBER
Personnel Security and Suitability Investigations Records, USAID-
008.
SECURITY CLASSIFICATION:
Classified--Secret.
SYSTEM LOCATION:
Records covered by this system are maintained at the following
locations: (Paper) USAID Office of Security, 1300 Pennsylvania Avenue,
Washington, DC 20523; (Electronic copies) AWS East Ashburn, 21155 Smith
Switch Road, Ashburn, VA, USA and AWS West Oregon, 73575 Lewis & Clark
Drive Boarman, Oregon, 97818.
SYSTEM MANAGER:
Director of the Office of Security, United States Agency for
International Development: Office of Security, RRB, Suite 2.06-A, 1300
Pennsylvania Ave. NW, Washington, DC 20523.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
The Foreign Assistance Act of 1961 (FAA), as amended; Executive
Order 10450: Security requirements for Government Employment; Homeland
Security Presidential Directive 12 (HSPD-12): Policy for a Common
Identification Standard for Federal Employees and Contractors;
Executive Order 12968: Access to Classified Information; Executive
Order 12333: United States Intelligence Activities; Executive Order
13381: Strengthening Processes Relating to Determining Eligibility for
Access to Classified National Security Information; Executive Order
13467: Reforming Processes Related to Suitability for Government
Employment, Fitness for Contractor Employees, and Eligibility for
Access to Classified National Security Information; Executive Order
13488: Granting Reciprocity on Excepted Service and Federal Contractor
Employee Fitness and Reinvestigating Individuals in Positions of Public
Trust; and the Intelligence Reform and Terrorism Prevention Act of 2004
(Pub. L. 108-458), and E.O. 9397 (SSN), as amended; E.O. 14042:
Ensuring Adequate Safety Protocols for Federal Contractors; E.O. 14043:
Requiring Coronavirus Disease 2019 Vaccination for Federal Employees; 5
U.S.C. 301, Departmental Regulations authorizes the operations of an
executive agency, including the creation, custodianship, maintenance
and distribution of records; and 44 U.S.C. 3101, Records management by
agency heads.
PURPOSE OF THE SYSTEM:
The Office of Security gathers information in order to create
investigative records, which are used for processing personal security
background investigations to determine eligibility to be awarded a
federal security clearance, suitability or fitness determination for
federal employment, access to federally owned/controlled facilities and
access to federally owned/controlled information systems.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Categories of individuals maintained in this system are: Current
and former USAID employees; contractor personnel (Personal Service
Contractors and Institutional Contractors); applicants for employment;
persons and entities performing business with USAID to include
consultants, volunteers, grantees and recipients; individuals employed
from other Federal Agencies through a detail, Participating Agency
Service Agreement, Resources Support Services Agreement, or the
Interagency Personnel Act; individuals working at USAID through
government agreements (second agreement); paid and unpaid interns; and
visitors requiring access to USAID facilities; and the U.S. Citizen
and/or non-U.S. Citizen spouse, intended spouse, family members, and/or
cohabitants of the above listed individuals and other individuals who
provide personal references for USAID employees and contractors.
CATEGORIES OF RECORDS IN THE SYSTEM:
Categories of records maintained in this system include:
<bullet> Individual's Contact Information, including: Name,
Employee Identification Numbers, Job Title/Series, Grade, Home/Work
Address, Home/Work Telephone Number, Names and Addresses of family
members.
<bullet> Individual's Biographical Information, including: Date of
Birth, Place of Birth, Citizenship status,
[[Page 28795]]
Educational institutions attended, Military service, Financial
information, including credit reports.
<bullet> Individual's Social Security Number (or other identifying
number).
<bullet> Demographic Information: Race, Gender, Sexual Orientation,
Marital Status.
<bullet> Employment information, such as employment history,
records related to work performance or conduct issues, such as records
of referrals, leave usage, supervisory/organizational interventions.
<bullet> Facility Access Information: Authorizations/restrictions,
fingerprints, photographs, previous clearances levels granted;
resulting clearance levels; documentation of release of security files;
request for special access; records of infractions; and records of
facility accesses and credentials issued.
<bullet> Individual's Character Information, such as Conduct and
behavior in the community where they presently live and/or previously
lived; Arrests and/or Convictions, Reports from Interviews and other
inquiries.
<bullet> Electronic communication cables, such as email and instant
messages, as well as,
<bullet> Medical records, such as vaccination records, test
results, medical clearances, and insurance information.
Note 1: Listed below are other types of records that contain
information about employee health and fitness, which are not covered by
this system of records. Such records are covered by a government-wide
system of records OPM/GOVT-10, which is managed by the Office of
Personnel Management. Records covered by OPM/GOVT-10 include:
<bullet> Medical records, forms, and reports completed or obtained
when an individual applies for a Federal job and is subsequently
employed;
<bullet> Medical records, forms and reports completed during
employment as a condition of employment, either by the USAID or by
another State or local government entity, or a privacy sector entity
under contract to USAID.
<bullet> Records pertaining to and resulting from drug screening
for use of illegal drugs under Executive Order 12564.
RECORD SOURCE CATEGORIES:
Information in this system is obtained from the individual on whom
it applies; independent sources such as other government agencies,
state/local government; law enforcement agencies; credit bureaus;
medical providers; educational institutions; private organizations;
information provided by personal references; and through source
interviews.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND PURPOSES OF SUCH USES:
In addition to those disclosures generally permitted under 5 U.S.C.
552a(b), all or a portion of the records contained in this system of
records may be disclosed outside USAID as a routine use pursuant to 5
U.S.C. 552a(b)(3) as follows:
(1) To consumer reporting agencies in order to obtain consumer
credit reports.
(2) To federal, international, state, and local law enforcement
agencies, U.S. Government Agencies, courts, the Department of State,
Foreign Governments, to the extent necessary to further the purposes of
an investigation.
(3) Results of the investigation may be disclosed to the Department
of State or other Federal Agencies for the purposes of granting
physical and/or logical access to federally owned or controlled
facilities and/or information systems in accordance with the
requirements set forth in HSPD-12.
(4) To a court, magistrate, or other administrative body in the
course of presenting evidence, including disclosures to counsel or
witnesses in the course of civil discovery, litigation, or settlement
negotiations or in connection with criminal proceedings, when USAID is
a party to the proceeding or has a significant interest in the
proceeding, to the extent that the information is determined to be
relevant and necessary.
(5) To the Department of Justice or other appropriate United States
Government Agency when the records are arguably relevant to a
proceeding in a court or other tribunal in which USAID or a USAID
official in his or her official capacity is a party or has an interest,
or when the litigation is likely to affect USAID.
(6) In the event of an indication of a violation or potential
violation of law, whether civil, criminal or regulatory in nature, and
whether arising by statute or particular program pursuant thereto, to
the appropriate agency, whether federal, state, local or foreign,
charged with the responsibility of investigating or prosecuting such
violation or charged with enforcing or implementing the statute, or
rule, regulation, or order issued pursuant thereto.
(7) To the Department of State and its posts abroad for the purpose
of transmission of information between organizational units of USAID,
or for purposes related to the responsibilities of the Department of
State in conducting United States foreign policy or protecting United
States citizens, such as the assignment of employees to positions
abroad, the reporting of accidents abroad, ensuring fiscal
accountability in transporting the effects personnel stationed at
embassies, 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 duties.
(8) To a foreign government or international agency in response to
its request for information 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 his or
her dependents.
(9) To Federal agencies with which USAID has entered into an
agreement to provide services to assist USAID in carrying out its
functions under the Foreign Assistance Act of 1961, as amended. Such
disclosures would be for the purpose of transmission of information
between organizational units of USAID; of providing to the original
employing agency information concerning the services of its employee
while under the supervision of USAID, including performance
evaluations, reports of conduct, awards and commendations, and
information normally obtained in the course of personnel administration
and employee supervision; or of providing other information directly
related to the purposes of the inter-agency agreement as set forth
therein, and necessary and relevant to its implementation.
(10) To appropriate officials and employees of a federal agency or
entity when the information is relevant to a decision concerning the
hiring, appointment, or retention of an employee; the assignment,
detail or deployment of an employee; the issuance, renewal, suspension,
or revocation of a security clearance; the execution of a security or
suitability investigation; the letting of a contract; or the issuance
of a grant or benefit.
(11) To the National Archives and Records Administration for the
purposes of records management inspections conducted under the
authority of 44 U.S.C. 2904 and 2906.
(12) To the Office of Management and Budget (OMB), in connection
with review of private relief legislation, as set forth in OMB Circular
A-19, at any
[[Page 28796]]
stage of the legislative coordination and clearance process, as set
forth in that Circular.
(13) To a former employee of USAID for purposes of responding to an
official inquiry by a federal, state, or local government entity or
professional licensing authority, in accordance with applicable agency
regulations; or facilitating communications with a former employee that
may be necessary for personnel-related or other official purposes where
the agency requires information and/or consultation assistance from the
former employee regarding a matter within that person's former area of
responsibility.
(14) To appropriate agencies, entities, and persons when (a) USAID
suspects or has confirmed that there has been a breach of the system of
records, (b) USAID has determined that as a result of the suspected or
confirmed breach there is a risk of harm to individuals, USAID
(including its information systems, programs, and operations), the
Federal Government, or national security; and (c) the disclosure made
to such agencies, entities, and persons is reasonably necessary to
assist in connection with USAID's efforts to respond to the suspected
or confirmed breach or to prevent, minimize, or remedy such harm.
(15) To another Federal Department or Agency or Federal entity,
when USAID determines information from this system of records is
reasonably necessary to assist the recipient Department or Agency or
entity in: (a) Responding to a suspected or confirmed breach; or (b)
preventing, minimizing, or remedying the risk of harm to individuals,
the recipient agency or entity (including its information systems,
programs and operations), the Federal Government, or national security,
that might result from a suspected or confirmed breach.
(16) To a congressional office from the record of an individual in
response to an inquiry from the Congressional office made at the
request of that individual.
(17) To the Federal Bureau of Investigation, the Department of
Homeland Security, the National Counter-Terrorism Center (NCTC), the
Terrorist Screening Center (TSC), or other appropriate federal
agencies, for the integration and use of such information to protect
against terrorism, if that record is about one or more individuals
known, or suspected, to be or to have been involved in activities
constituting, in preparation for, in aid of, or related to terrorism.
Such information may be further disseminated by recipient agencies to
Federal, State, local, territorial, tribal, and foreign government
authorities, and to support private sector processes as contemplated in
Homeland Security Presidential Directive/HSPD-6 and other relevant laws
and directives, for terrorist screening, threat-protection and other
homeland security purposes.
(18) To the Foreign Service Grievance Board in the course of the
Board's consideration of matters properly before it.
POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
USAID stores records in this system in electronic format and paper
format. Records in paper format are stored in file folders in locked
cabinets. Records in electronic format are kept in a user-authenticated
and password-protected computerized database system. Records that
contain national security information and are classified are stored in
accordance with applicable executive orders, statutes, and Agency
implementing regulations.
POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
Records are retrievable by last name, social security number, and/
or USAID assigned case number or other unique identifier attributed to
the individual.
POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
Records are retained and disposed of in accordance with disposition
schedules approved by USAID and NARA General Records Schedule 5. 6-
Security Records for Electronic Records shall apply.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
Records are kept within the Office of Security secured space.
Access to this space is controlled by electronic card readers, office
personnel to control access, visitor escorts policy and supplemented by
an armed response force. Administrative safeguards of records are
provided through the use of internal Standard Operating Procedures and
routine appraisal reviews of the personnel security and suitability
program by the Director of National Intelligence and the Office of
Personnel Management.
USAID has implemented controls to minimize the risk of compromising
the information that is being stored. Access to the system containing
the records in this system is limited to those individuals who have a
need to know the information for performance of their official duties
and who have appropriate clearances and permissions. USAID ensures that
the practices stated in the Cross Match and Security Investigations
Database Privacy Impact Assessments are followed by leveraging standard
operating procedures (SOP), training, policies, rules of behavior, and
auditing and accountability.
RECORD ACCESS PROCEDURES:
Individuals seeking access to information about themselves
contained in this system of records should address inquiries to the
Bureau for Management, Office of Management Services, Information and
Records Division (M/MS/IRD), USAID Annex--Room 2.4. 0C, 1300
Pennsylvania Avenue NW, Washington, DC 20523. The requester may
complete and sign a USAID Form 507-1, Certification of Identity Form or
submit signed, written requests that should include the individual's
full name, current address, and telephone number and this System of
Records Notice number. In addition, the requester must provide either a
notarized statement or an unsworn declaration made in accordance with
28 U.S.C. 1746, in the following format:
If executed outside the United States: ``I declare (or certify,
verify, or state) under penalty of perjury under the laws of the United
States of America that the foregoing is true and correct. Executed on
(date). (Signature).''
If executed within the United States, its territories, possessions,
or commonwealths: ``I declare (or certify, verify, or state) under
penalty of perjury that the foregoing is true and correct. Executed on
(date). (Signature).''
CONTESTING RECORD PROCEDURES:
The USAID rules for accessing records, contesting contents, and
appealing initial agency determinations are contained in 22 CFR 212 or
may be obtained from the program manager or system owner.
NOTIFICATION PROCEDURES:
Individuals seeking to determine if information about themselves is
contained in this system of records should address inquiries to the
Bureau for Management, Office of Management Services, Information and
Records Division (M/MS/IRD), USAID Annex--Room 2. 4.0C, 1300
Pennsylvania Avenue NW, Washington, DC 20523. Individuals may complete
and sign a USAID Form 507-1, Certification of Identity Form or submit
signed, written requests that should include the individual's full
name, current address, and telephone number. In addition, the requester
must provide either a notarized statement or an unsworn declaration
made in accordance with 28 U.S.C. 1746, in the following format:
If executed outside the United States: ``I declare (or certify,
verify, or state)
[[Page 28797]]
under penalty of perjury under the laws of the United States of America
that the foregoing is true and correct. Executed on (date).
(Signature).''
If executed within the United States, its territories, possessions,
or commonwealths: ``I declare (or certify, verify, or state) under
penalty of perjury that the foregoing is true and correct. Executed on
(date). (Signature).''
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
Under the specific authority provided by subsection (k) (1), (3),
and (5) of 5 U.S.C. 552a, USAID has promulgated rules specified in 22
CFR 215.14, that exempts this system from notice, access, and amendment
requirements of 5 U.S.C. 552a, subsections (c) (3), (d); (e) (1); (e)
(4); (G); (H); (I); and (f). USAID claims these exemptions to protect
the materials required by Executive Order to be kept secret in the
interest of national defense or foreign policy, to prevent subjects of
investigation from frustrating the investigatory process, to ensure the
proper functioning and integrity of law-enforcement activities, to
prevent the disclosure of investigative techniques, to maintain the
ability to obtain candid and necessary information, to fulfill
commitments made to sources to protect the confidentiality of
information, to avoid endangering these sources, and to facilitate the
proper selection or continuance of the best applicants or persons for a
given position.
HISTORY:
USAID modified the Personnel Security and Suitability
Investigations Records system of records on April 17, 2008 (75 FR
20905).
USAID modified the Personnel Security and Suitability
Investigations Records system of records on May 1, 2013 (78 FR 25414).
Celida Ann Malone.
Government Privacy Task Lead.
[FR Doc. 2022-10089 Filed 5-10-22; 8:45 am]
BILLING CODE 6116-01-P
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