Privacy Act of 1974; System of Records, 39042-39044 [07-3330]

Agencies

• Agency for International Development

[Federal Register Volume 72, Number 136 (Tuesday, July 17, 2007)]
[Notices]
[Pages 39042-39044]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 07-3330]


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Notices
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains documents other than rules 
or proposed rules that are applicable to the public. Notices of hearings 
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Federal Register / Vol. 72, No. 136 / Tuesday, July 17, 2007 / 
Notices

[[Page 39042]]



AGENCY FOR INTERNATIONAL DEVELOPMENT


Privacy Act of 1974; System of Records

AGENCY: United States Agency for International Development.

ACTION: Privacy Act System of Records Notice.

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SUMMARY: Pursuant to the provisions of the Privacy Act of 1974 (5 
U.S.C. 552a), the United States Agency for International Development 
(USAID) is giving notice that it proposes to establish a new system of 
records, the Partner Vetting System (PVS). The PVS will support the 
vetting of individuals, officers, or other officials of non-
governmental organizations who apply for USAID contracts, grants, 
cooperative agreements, or other funding, or who apply for registration 
with USAID as Private and Voluntary Organizations (PVOs), ensuring that 
neither USAID funds nor USAID-funded activities inadvertently or 
otherwise provide support to entities or individuals associated with 
terrorism.

DATES: Written comments must be received on or before August 27, 2007. 
Unless there is a further notice in the Federal Register, this new 
system of records will become effective on August 27, 2007.

ADDRESSES: You may submit comments to:
    E-mail: privacy@usaid.gov.
    Fax: (703) 666-1466.
    Mail: Chief Privacy Officer, United States Agency for International 
Development, 1300 Pennsylvania Avenue, NW., Office 2.12-003, 
Washington, DC 20523-2120.

FOR FURTHER INFORMATION CONTACT: For general questions, please contact: 
Coordinator for Counterterrorism, Office of Security, United States 
Agency for International Development, Ronald Reagan Building, 1300 
Pennsylvania Avenue, NW., Washington, DC 20523. For privacy issues 
please contact: Chief Privacy Officer, United States Agency for 
International Development, 1300 Pennsylvania Avenue, NW., Office 2.12-
003, Washington, DC 20523-2120.

SUPPLEMENTARY INFORMATION: USAID is establishing a new system of 
records pursuant to the Privacy Act (5 U.S.C. 552a), entitled the 
Partner Vetting System (PVS). Since September 2001, in accordance with 
Executive Order 13224 which prohibits any transactions or dealings with 
entities or individuals designated as terrorists, USAID has taken 
several steps to ensure USAID funds are not provided to individuals or 
entities associated with terrorism. These efforts include: (1) 
Requiring that all solicitations, contracts, Annual Program Statements 
or Requests for Applications, grants or cooperative agreements, or 
other comparable documents contain language reminding USAID partners of 
the laws and Executive Orders prohibiting the provision of resources 
and support to individuals and organizations associated with terrorism; 
(2) requiring all non-governmental organization (NGO) applicants for 
grants and cooperative agreements to submit terrorist financing 
certifications; and (3) requiring USAID contracting officers and 
agreement officers to check applicable terrorist listings to ensure 
that potential contractors, grantees, sub-contractors, and sub-grantees 
are not on these listings.
    In addition to the precautions described above, there is also a 
statutory requirement for vetting under USAID's West Bank and Gaza 
(WBG) program. Since Fiscal Year 2003, the annual foreign operations 
appropriations legislation has required that, ``the Secretary of State 
shall take all appropriate steps to ensure that such assistance is not 
provided to or through any individual, private or government entity, or 
education institution that the Secretary knows or has reason to believe 
advocates, plans, sponsors, engages in, or has engaged in, terrorist 
activity.'' Accordingly, USAID's mission for the WBG developed anti-
terrorism procedures for all awards that it administers and has 
conducted vetting since 2003. A recent review of the WBG program by the 
Government Accountability Office (GAO) identified processes and 
procedures that could be improved and streamlined with the use of 
additional information technology. The PVS is being created, in part, 
as a result of these recommendations and will assist not only the 
mission for WBG in better tracking and managing the overall vetting 
process, but all locations in which USAID has or will have a program.
    PVS will facilitate the management and collection of information 
from individuals, officers, employees, or other officials of NGOs who 
apply for USAID contracts, grants, cooperative agreements or other 
USAID funding, or who apply for registration with USAID as PVOs. The 
information will be used to conduct national security screening of such 
individuals and NGOs to ensure that USAID funds do not inadvertently or 
otherwise provide support to entities or individuals associated with 
terrorism. To thoroughly conduct this screening, it is necessary to 
collect information on the principal officers and other employees of 
applicant organizations or on individuals that are applying directly 
for awards on their own behalf. Principal officers may include 
directors, program managers, members of governing bodies, or other 
individuals with operational control of the organization or those 
individuals that administer funds.
    The primary source of information in PVS will be collected directly 
from the individuals acting in their own capacity or from the appointed 
official for the NGO applying for USAID funding or registration as a 
PVO. An exemption will not be claimed for information collected 
directly from the individuals acting in their own capacity or from the 
appointed official for the NGO and this information will be treated as 
unclassified. USAID is currently devising a retention schedule for 
these records. However, some information may be obtained from other 
U.S. government agencies or another agency's system of records. Any 
information that is recompiled from another agency's system of records 
will follow the retention plan for that agency, will carry the 
appropriate classification level, and be considered exempt under the 
originating agency's exemptions.

Electronic Access Addresses

    You may submit comments by sending e-mail to: privacy@usaid.gov. 
You may submit comments by

[[Page 39043]]

submitting a facsimile document to: (703) 666-1466.

    Dated: February 28, 2007.
Philip M. Heneghan,
Chief Privacy Officer.

    Editorial Note: This document was received at the Office of the 
Federal Register on July 5, 2007.

USAID-027

SYSTEM NAME:
    Partner Vetting System (PVS).

SECURITY CLASSIFICATION:
    Classified and Sensitive but Unclassified.

SYSTEM LOCATION:
    The United States Agency for International Development (USAID), 
Office of Security, 1300 Pennsylvania Avenue, Washington, DC 20523, and 
any relevant location(s) where USAID has a program.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    a. Individuals who are directors, officers, or are otherwise 
employed by either for-profit or non-profit non-governmental 
organizations who apply for USAID contracts, grants, cooperative 
agreements or other types of instruments;
    b. Individuals who apply for personal services contracts or for 
other contracts, grants, or cooperative agreements;
    c. Individuals or organizations who attempt to obtain other USAID 
assistance or benefits; and
    d. Individuals who are officers or other officials of non-profit, 
non-governmental organizations who apply for registration with USAID as 
Private and Voluntary Organizations (PVOs).

CATEGORIES OF RECORDS IN THE SYSTEM:
    Sensitive but Unclassified and non-exempt identifying information 
in this system includes, but is not limited to:
    a. Full name (including any aliases or variations of spelling),
    b. Date and place of birth,
    c. Government-issued identification information (including, but not 
limited to, social security number, passport number, or other numbers 
originated by a government that specifically identifies an individual),
    d. Current mailing address,
    e. Telephone and fax numbers,
    f. Email addresses,
    g. Country of origin and/or nationality,
    h. Citizenship,
    i. Gender, and
    j. Profession or other employment data.
    Classified and exempt information in this system includes, but is 
not limited to:
    a. Results generated from the screening of individuals covered by 
this notice;
    b. Intelligence and law enforcement information related to national 
security; and
    c. National security vetting and terrorism screening information, 
provided to USAID by other agencies.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    18 U.S.C. 2339A, 2339B and 2339C; 22 U.S.C. 2151 et seq.; Section 
559 of the FY06 Foreign Operations Appropriations Act; Executive Orders 
13224, 13099 and 12947; and HSPD-6.

PURPOSE(S):
    To support the vetting of directors, officers, or other employees 
of non-governmental organizations who apply for USAID contracts, 
grants, cooperative agreements or other funding or who apply for 
registration with USAID as Private and Voluntary Organizations. The 
information collected from these individuals is specifically used to 
conduct screening to ensure that USAID funds and USAID-funded 
activities are not purposefully or inadvertently used to provide 
support to entities or individuals deemed to be a risk to national 
security.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND THE PURPOSES OF SUCH USES:
    USAID may disclose relevant system records in accordance with any 
current and future blanket routine uses established for its record 
systems. See the Statement of General Routine Uses (and amendments), 42 
FR 47371 (September 20, 1977); 59 FR 52954 (October 20, 1994); 59 FR 
62747 (December 6, 1994). Routine uses are not meant to be mutually 
exclusive and may overlap in some cases.

DISCLOSURE TO CONSUMER REPORTING AGENCIES:
    None.

POLICIES AND PRACTICES FOR STORING, RETRIEVING, PROTECTING, ACCESSING, 
RETAINING, AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
    Records in this system are stored in both paper and electronic 
format. Paper records are maintained by the USAID regional offices when 
the information cannot be collected electronically. Electronic storage 
is on servers (hard disk media) and magnetic tapes (or other backup 
media), stored within a secure location within the USAID Washington 
headquarters.

RETRIEVABILITY:
    Records in this system are retrieved by individual name, date of 
birth, place of birth, social security numbers, passport numbers or 
other identifying data specified under Categories of Records in the 
System.

SAFEGUARDS:
    USAID maintains all classified records in an authorized security 
container with access limited to authorized government personnel and 
authorized contractors. Physical security protections include guards 
and locked facilities requiring badges. Only authorized government 
personnel and authorized contractors can access records within the 
system. USAID mandates and certifies that physical and technological 
safeguards appropriate for classified and Sensitive but Unclassified 
systems are used to protect the records against unauthorized access. 
All authorized government personnel and authorized contractors with 
access to the system must hold appropriate security clearance, sign a 
non-disclosure agreement, and undergo both privacy and security 
training.
    For paper records: Classified and Sensitive but Unclassified 
records are kept in an approved security container at the USAID 
Washington headquarters, and at the relevant location(s) where USAID 
has a program. Access to these records is limited to those authorized 
government personnel and authorized contractors who have a need for the 
records in the performance of their official duties.
    For electronic records: Records are kept in a secure database in 
the USAID Washington headquarters. Access to the records is restricted 
to those authorized government personnel and authorized contractors 
with a specific role in the vetting process as part of the performance 
of their official duties. The PVS database is housed on and accessed 
from a Sensitive but Unclassified computer network. Vetting requests, 
analyses, and results will be stored separately on a classified 
computer network. Both computer networks and the PVS database require a 
user identification name and password and approval from the Office of 
Security. An audit trail is maintained and periodically reviewed to 
monitor access to the system. Authorized government personnel and 
authorized contractors assigned roles in the vetting process are 
provided role-specific training to ensure that they are knowledgeable 
in how to protect personally identifiable information.

[[Page 39044]]

RETENTION AND DISPOSAL:
    Records in this system will be retained and disposed of in 
accordance with a records schedule to be approved by the National 
Archives and Records Administration.

SYSTEM MANAGER(S) AND ADDRESS:
    Coordinator for Counterterrorism, Office of Security, United States 
Agency for International Development, Ronald Reagan Building, 1300 
Pennsylvania Avenue, NW., Washington, DC 20523.

NOTIFICATION PROCEDURE:
    To the extent applicable, because this system contains classified 
information related to the government's national security programs, 
records in this system may be exempt from notification, access, and 
amendment as permitted by subsection (j) and (k) of the Privacy Act.

RECORD ACCESS PROCEDURES:
    United States citizens or legal permanent residents can request 
access to a non-exempt record pertaining to him/her by sending a 
request in writing, signed, to the Chief Privacy Officer at the 
following address: Chief Privacy Officer, United States Agency for 
International Development, 1300 Pennsylvania Avenue, NW., Office 2.12-
003, Washington, DC 20523-2120.
    When requesting access to records covered by this Notice, an 
individual should provide his/her full name, date of birth, and 
complete address. An individual requesting access to records in person 
must provide identity documents, such as a government-issued photo ID, 
sufficient to satisfy the custodian of the records that the requester 
is entitled to access.
    Requesters should also reasonably specify the record contents being 
sought. Rules regarding access to Privacy Act records appear in 22 CFR 
Part 215. If additional information or assistance is required, contact: 
Chief Privacy Officer, United States Agency for International 
Development, 1300 Pennsylvania Avenue, NW., Office 2.12-003, 
Washington, DC 20523-2120.

CONTESTING RECORD PROCEDURES:
    Requests for correction or amendment must identify the information 
to be changed and the corrective action sought. Requests must be 
submitted to the Chief Privacy Officer as provided in the record access 
procedures above.

RECORD SOURCE CATEGORIES:
    Information in this system is obtained from the non-governmental 
organization's official who is responsible for completing the 
application package required to compete for USAID funds or who apply 
for registration with USAID as a Private and Voluntary Organization. In 
the case of applications by an individual in his/her own capacity, the 
information will be collected directly from the individual applicant. 
Information in this system may also be obtained from public sources, 
agencies conducting national security screening, law enforcement and 
intelligence agency record systems, and other government databases.

EXEMPTIONS CLAIMED FOR THE SYSTEM:
    To the extent applicable, records in this system may be exempt from 
any part of 5 U.S.C. 552a except subsections (b), (c)(1) and (2), 
(e)(4)(A) through (F), (e)(6), (7), (9), (10), and (11) if the records 
in the system are subject to the exemption found in 5 U.S.C. 552a(j). 
To the extent applicable, records in this system may be exempt from 
subsections (c)(3), (d), (e)(1), (e)(4)(G), (H), (I), and (f) of 5 
U.S.C. 552a if the records in the system are subject to the exemption 
found in 5 U.S.C. 552a(k). Any other exempt records from other systems 
of records that are recompiled into this system are also considered 
exempt to the extent they are claimed as such in the original systems. 
Rules have been promulgated in accordance with the requirements of 5 
U.S.C. 553(b), (c), and (e).

[FR Doc. 07-3330 Filed 7-16-07; 8:45 am]
BILLING CODE 6116-01-P