Privacy Act of 1974; System of Records, 72319-72321 [2012-29388]

Agencies

• Agency for International Development

[Federal Register Volume 77, Number 234 (Wednesday, December 5, 2012)]
[Notices]
[Pages 72319-72321]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-29388]


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Notices
                                                Federal Register
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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. 77, No. 234 / Wednesday, December 5, 2012 / 
Notices

[[Page 72319]]



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--Altered

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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 alter a system of records, 
the Partner Vetting System (PVS). This system supports the vetting of 
individuals, officers, or other officials of nongovernmental 
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: Public comments must be received on or before January 10, 2013. 
Unless comments are received that would require a further revision, 
this altered system of records will become effective on January 10, 
2013.

ADDRESSES: You may submit comments to:

Paper Comments

     Fax: (703) 666-5670.
     Mail: Chief Privacy Officer, United States Agency for 
International Development, 2733 Crystal Drive, 11th Floor, Arlington, 
Va. 22202.

Electronic Comments

     Federal eRulemaking Portal: https://www.regulations.gov. 
Follow the instructions on the Web site for submitting comments.
     Email: privacy@usaid.gov.

FOR FURTHER INFORMATION CONTACT: For general questions, please contact, 
USAID Privacy Office, United States Agency for International 
Development, 2733 Crystal Drive, 11th Floor, Arlington, Va. 22202. 
Email: privacy@usaid.gov.

SUPPLEMENTARY INFORMATION: USAID has established a system of records 
pursuant to the Privacy Act (5 U.S.C. 552a), entitled the Partner 
Vetting System (PVS) which includes the PVS Portal . Partner Vetting 
System supports the vetting of directors, officers, or other employees 
of non-governmental organizations who apply for USAID contract, grants, 
cooperative agreements or other funding, or who apply for registration 
with USAID as Private and Voluntary Organizations. The information 
collected from 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.
    The PVS Portal provides these organizations with secure, web-based 
functionality for the completion, submission and tracking of Partner 
Information Forms (PIF's). This information is used to conduct 
screening to ensure that USAID funds as well as funded activities are 
not purposely or inadvertently used to provide support to entities or 
individuals deemed to be a risk to national security.

    Dated: November 22, 2012.
William Morgan,
Chief Information Security Officer--Chief Privacy Officer.
USAID-027

SYSTEM NAME:
    Partner Vetting System Portal.

SECURITY CLASSIFICATION:
    Classified and Sensitive but Unclassified.

SYSTEM LOCATION:
    Terremark; 50 NE 9th Street; Miami, FL 33132.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    a. Individuals who are directors, officers, or are otherwise 
employed by either for-profit or non-profit nongovernmental 
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;
    d. Individuals who are officers or other officials of non-profit, 
nongovernmental organizations who apply for registration with USAID as 
Private and Voluntary Organizations (PVOs).

CATEGORIES OF RECORDS IN THE SYSTEM:
    Sensitive but Unclassified and nonexempt identifying information in 
this system includes, but is not limited to:
     Full name (including any aliases or variations of 
spelling),
     Date and place of birth,
     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),
     Current mailing address,
     Telephone and fax numbers,
     Email addresses,
     Country of origin and/or nationality,
     Citizenship,
     Gender, and
     Profession or other employment data.
    Classified and exempt information in this system includes, but is 
not limited to:
     Results generated from the screening of individuals 
covered by this notice;
     Intelligence and law enforcement information related to 
national security; and
     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, 2339C; 22 U.S.C. 2151 et seq.; Section 559 
of FY06 Foreign Operations Appropriations Act; Executive Orders 13224, 
13099 and 12947; and HSPD-6.

[[Page 72320]]

PURPOSE(S):
    To support the vetting of directors, officers, or other employees 
of nongovernmental 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).

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.

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

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

NOTIFICATION PROCEDURE:
    Individuals requesting notification of the existence of records on 
them must send the request in writing to the Chief Privacy Officer, 
USAID, 2733 Crystal Drive, 11th Floor, Arlington, Va. 22202. The 
request must include the requestor's full name, his/her current address 
and a return address for transmitting the information. The request 
shall be signed by either notarized signature or by signature under 
penalty of perjury and reasonably specify the record contents being 
sought.
    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:
    Requests from individuals should be addressed or presented in 
person to the same addresses as stated in the Notification Section 
above. Requests should be accompanied by information sufficient to 
identify the individual pursuant to Sec. 215.4(c) or (d) of the 
Agency's Regulations as published in this issue of the Federal 
Register.

CONTESTING RECORD PROCEDURES:
    An individual requesting amendment of a record maintained on 
himself or herself must identify the information to be changed and the 
corrective action sought. Requests must follow the ``Notification 
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:
    22 CFR Part 215, Section 215.13 General Exemptions:
    (c) The systems of records to be exempted under section (j)(2) of 
the Act, the provisions of the Act from which they are being exempted, 
and the justification for the exemptions, are set forth below:
    (2) Partner Vetting System. This system is exempt from sections 
(c)(3) and (4); (d); (e)(1), (2), and (3); (e)(4)(G), (H), and (I); 
(e)(5) and (8); (f), (g), and (h) of 5 U.S.C. 552a. These exemptions

[[Page 72321]]

are necessary to insure the proper functioning of the law enforcement 
activity, to protect confidential sources of information, to fulfill 
promises of confidentiality, to maintain the integrity of law 
enforcement procedures, to avoid premature disclosure of the knowledge 
of criminal activity and the evidentiary basis of possible enforcement 
actions, to prevent interference with law enforcement proceeding, to 
avoid the disclosure of investigative techniques, to avoid endangering 
law enforcement personnel, 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 proper selection or continuance of the best 
applicants or persons for a given position or contract. Although the 
primary functions of USAID are not of a law enforcement nature, the 
mandate to ensure USAID funding is not purposefully or inadvertently 
used to provide support to entities or individuals deemed to be a risk 
to national security necessarily requires coordination with law 
enforcement and intelligence agencies as well as use of their 
information. Use of these agencies' information necessitates the 
conveyance of these other systems exemptions to protect the information 
as stated. [57 FR 38277, Aug. 24, 1992, as amended at 74 FR 16, Jan. 2, 
2009]
    22 CFR 215.14--Specific Exemptions.
    (c) The systems of records to be exempted under section (k) of the 
Act, the provisions of the Act from which they are being exempted, and 
the justification for the exemptions, are set forth below:
    (6) Partner Vetting System. This system is exempt under 5 U.S.C. 
552a (k)(1), (k)(2), and (k)(5) from the provision of 5 U.S.C. 552a 
(c)(3); (d); (e)(1); (e)(4)(G), (H), (I); and (f). These exemptions are 
claimed 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 insure the proper functioning and integrity of law 
enforcement activities, to prevent 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 proper selection or continuance of the best applicants or 
persons for a given position or contract. [57 FR 38277, Aug. 24, 1992, 
as amended at 74 FR 17, Jan. 2, 2009]

Meredith Snee,
Privacy Analyst.
[FR Doc. 2012-29388 Filed 12-4-12; 8:45 am]
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