Privacy Act of 1974, System of Records, 7164-7167 [2014-02525]

Agencies

• Agency for International Development

[Federal Register Volume 79, Number 25 (Thursday, February 6, 2014)]
[Notices]
[Pages 7164-7167]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-02525]


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Notices
                                                Federal Register
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This section of the FEDERAL REGISTER contains documents other than rules 
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Federal Register / Vol. 79, No. 25 / Thursday, February 6, 2014 / 
Notices

[[Page 7164]]



AGENCY FOR INTERNATIONAL DEVELOPMENT


Privacy Act of 1974, System of Records

AGENCY: United States Agency for International Development.

ACTION: Altered system of records.

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SUMMARY: Pursuant to the Privacy Act, 5 U.S.C. 552a, the United States 
Agency for International Development (USAID) is issuing public notice 
for an altered system of records entitled, ``USAID-25 Freedom of 
Information Act, Privacy Act, and Mandatory Declassification Review 
Requests Records'' last published at 42 FR 47386 (Sept. 20, 1977). This 
action is necessary to meet the requirements of the Privacy Act, 5 
U.S.C. 522a(e)(4), to publish in the Federal Register notice of the 
existence and character of record systems maintained by the agency.

DATES: In accordance with 5 U.S.C. 522a(e)(4) and (11), the public is 
given a 30-day period in which to comment. Therefore, any comments must 
be received on or before March 10, 2014. Unless comments are received 
that would require a revision, this altered system of records will 
become effective on March 10, 2014.

ADDRESSES: You may submit comments:

Electronic

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

Paper

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

FOR FURTHER INFORMATION CONTACT: The USAID Privacy Office at United 
States Agency for International Development, 2733 Crystal Drive, 11th 
Floor, Arlington, VA 22202; or via email at privacy@usaid.gov.

SUPPLEMENTARY INFORMATION: USAID is upgrading the information 
technology system (IT system) that assists with the management of 
Freedom of Information Act (FOIA) and Privacy Act (PA) request and 
administrative appeal processing. The IT system provides the ability to 
manage the entire lifecycle of FOIA/PA requests and administrative 
appeals. Components include request management, correspondence 
management, document management, fee/payment management, document 
review/redaction, and reporting. The new Public Access Link (PAL) is a 
public-facing Web portal that complements the IT system and allows 
requesters to submit their FOIA and Privacy Act requests on-line; 
attach supporting documents; correspond with the Government Information 
Specialist assigned to the request; receive status updates; view the 
request submission history; and receive the final response letter and 
records.

    Dated: January 10, 2014.
William Morgan,
Chief Information Security Officer and Chief Privacy Officer, United 
States Agency for International Development.
USAID-25

SYSTEM NAME:
    Freedom of Information Act, Privacy Act, and Mandatory 
Declassification Review Requests Records.

SECURITY CLASSIFICATION:
    Unclassified, Sensitive but unclassified, and Classified.

SYSTEM LOCATION:
    United States Agency for International Development (USAID), 1300 
Pennsylvania Avenue NW., Washington, DC 20523; Terremark, 50 NE 9th 
Street, Miami, FL 33132; U.S. Department of State COOP Beltsville 
(BIMC), 8101 Odell Road, Floor/Room--173, Beltsville, MD 20705; and 
other USAID offices in the United States and throughout the world.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    The system encompasses all individuals who submit Freedom of 
Information Act (FOIA), Privacy Act, and Mandatory Declassification 
Review requests and administrative appeals to the United States Agency 
for International Development (USAID); individuals whose requests and/
or records have been referred to USAID by other agencies; attorneys or 
other persons authorized to represent individuals submitting requests 
and appeals; individuals whose records are the subjects of such 
requests or appeals; and USAID personnel assigned to process such 
requests or appeals.

CATEGORIES OF RECORDS COVERED BY THE SYSTEM:
    This system consists of records created or compiled in response to 
FOIA, Privacy Act, and Mandatory Declassification Review requests and 
administrative appeals to USAID, including: The original requests and 
administrative appeals; responses to such requests and administrative 
appeals; all related memoranda, correspondence with the requester or 
requester's representative, notes, internal USAID correspondence and 
memoranda, and other related or supporting documentation; memoranda to 
or from other agencies having a substantial interest in the 
determination of the request; and, in some instances, copies of 
requested records and records under administrative appeal. These 
records contain names, addresses, email addresses, telephone numbers; 
online identity verification information (username and password); 
copies of identity verification documents such as passports and drivers 
licenses; and any other information voluntarily submitted such as 
tracking numbers. These records may contain personal information 
retrieved in response to a request. These records may contain inquiries 
and requests regarding other USAID systems of records subject to the 
FOIA and PA. In addition, information about individuals from such other 
USAID systems of records may become part of this system of records.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    The system was established and is maintained pursuant to 5 U.S.C. 
301; 5 U.S.C. 552; 5 U.S.C. 552a; 44 U.S.C. 3101; and 22 CFR 212 and 
215, and the applicable executive order(s) governing classified 
national security information.

PURPOSE(S):
    The records are collected, used, maintained, and disseminated for 
the

[[Page 7165]]

purpose of processing access requests and administrative appeals made 
under the FOIA, access and amendment requests and administrative 
appeals under the Privacy Act, and requests and administrative appeals 
for mandatory declassification review under the applicable executive 
order(s) governing national security information; for the purpose of 
participating in litigation regarding agency action on such requests 
and appeals; and for the purpose of assisting USAID in carrying out any 
other responsibilities related to FOIA and Privacy Act such as 
reporting to USAID and other federal executive officials.

ROUTINE USE OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND THE PURPOSES OF SUCH USES:
    In addition to those disclosures generally permitted under 5 U.S.C. 
552a(b) of the Privacy Act, all or portion of the records or 
information contained in this system may be disclosed outside of the 
USAID as a routine use as follows:
    (1) 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.
    (2) 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.
    (3) To the Department of Justice for the purpose of obtaining 
advice as to whether or not the records or information should be 
disclosed.
    (4) To a Federal government agency or entity that furnished the 
record or information for the purpose of permitting that agency or 
entity to make a decision as to access to or correction of the record 
or information, or to a federal agency entity for purposes of providing 
guidance or advice regarding the handling of particular requests.
    (5) To appropriate agencies, for the purpose of resolving an 
inquiry regarding federal agency compliance with the Freedom of 
Information Act.
    (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 the 
Agency, 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, 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 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 the purpose of transmission of information 
between organizational units of the Agency; of 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 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 a Congressional Committee or Subcommittee.
    (12) To the National Archives and Records Administration, 
Information Security Oversight Office, Interagency Security 
Classification Appeals Panel, for the purpose of adjudicating an appeal 
from a USAID denial of a request for mandatory declassification review 
of records, made under the applicable executive order(s) governing 
classification.
    (13) To the National Archives and Records Administration, Office of 
Government Information Services (OGIS), to the extent necessary to 
fulfill its responsibilities in 5 U.S.C. 552(h), to review 
administrative agency policies, procedures, and compliance with the 
Freedom of Information Act, and to facilitate OGIS' offering of 
mediation services to resolve disputes between persons making FOIA 
requests and administrative agencies.
    (14) 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.
    (15) 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.
    (16) To the Foreign Service Grievance Board in the course of the 
Board's consideration of matters properly before it.
    (17) To appropriate agencies, entities, and persons when (1) USAID 
suspects or has confirmed that the security or confidentiality of 
information in the system of records has been compromised; (2) USAID 
has determined that as a result of the suspected or confirmed 
compromise there is a risk of harm to economic or property interests, 
identity theft or fraud, or harm to the security or integrity of this 
system or other systems or programs (whether maintained by the USAID or 
another Agency or entity) that rely upon the compromised information; 
and (3) the disclosure

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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 compromise and prevent, minimize, or remedy such harm.

DISCLOSURE TO CONSUMER REPORTING AGENCIES:
    These records are not disclosed to consumer reporting agencies.

POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, 
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
    Records in this system are stored on paper and/or electronic form; 
and are maintained in locked cabinets and/or user-authenticated, 
password-protected systems. Records that contain national security 
information and are classified are stored in accordance with applicable 
executive orders, statutes, and agency implementing regulations.

RETRIEVABILITY:
    Records are retrieved by the name of the requester or appellant; 
the number assigned to the request or appeal; and in some instances, 
the name of the attorney representing the requester or appellant, the 
name of an individual who is the subject of such a request or appeal, 
and/or the name of other personal identifiers.

SAFEGUARDS:
    Information in this system is safeguarded in accordance with 
applicable laws, rules and policies, including the agency's automated 
directive system. Classified information is appropriately stored in 
safes and in accordance with other applicable requirements. In general, 
records and technical equipment are maintained in buildings with 
restricted access. The required use of password protection 
identification features and other system protection methods also 
restrict access. Access is limited to those officers and authorized 
USAID employees who have an official need to access the records in the 
performance of their official duties.

RETENTION AND DISPOSAL:
    Records are retained and disposed of in accordance with the 
National Archives Records Administration's General Records Disposition 
Schedules and the agency's approved disposition schedules.

SYSTEM MANAGER(S) AND ADDRESS:
    USAID FOIA Public Liaison Officer, United States Agency for 
International Development, Bureau for Management, Office of Management 
Services, Information and Records Division (M/MS/IRD), 1300 
Pennsylvania Avenue NW., Room 2.7-C, Washington, DC 20523.

NOTIFICATION PROCEDURES:
    Same as Record Access Procedures.

RECORD ACCESS PROCEDURES:
    Under the Privacy Act, individuals may request access to records 
about themselves. If an agency or a person, who is not the individual 
who is the subject of the records, requests access to records about an 
individual, the written consent of the individual who is the subject of 
the records is required.
    Requesters may submit requests for records under the Privacy Act in 
the following four ways: (1) By mail to the USAID FOIA Office, Bureau 
for Management, Office of Management Services, Information and Records 
Division, 1300 Pennsylvania Avenue NW., Room 2.07C--RRB, Washington, DC 
20523-2701; (2) via email to foia@usaid.gov; (3) on the USAID Web site 
at https://www.usaid.gov/foia-requests; or (4) by completing the USAID 
Form 508-2, Privacy Request Form, which is available: (a) By writing to 
the USAID FOIA Office, Bureau for Management, Office of Management 
Services, Information and Records Division, 1300 Pennsylvania Avenue 
NW., Room 2.07C--RRB, Washington, DC 20523-2701; (b) via email to 
foia@usaid.gov or (c) on the USAID Web site at https://www.usaid.gov/foia-requests.
    Requesters must provide the information that is necessary to 
identify the records, including the following: Requester's full name; 
present mailing address; home telephone; work telephone; name of 
subject, if other than requester; requester relationship to subject; 
description of type of information or specific records; and purpose of 
requesting information. Requesters should provide the system of record 
identification name and number, if known; and, to facilitate the 
retrieval of records contained in those systems of records which are 
retrieved by Social Security Numbers, the Social Security Number of the 
individual to whom the record pertains.
    In addition, requesters must include proof of identity information 
by providing copies of two (2) source documents that must be notarized 
by a valid (un-expired) notary public. Acceptable proof-of-identity 
source documents include: An unexpired United States passport; Social 
Security Card (both sides); unexpired driver's license or 
identification card issued by a state or United States possession, 
provided that it contain a photograph; certificate of United States 
citizenship; certificate of naturalization; card showing permanent 
residence in the United States; United States alien registration 
receipt card with photograph; United States military card or draft 
record; or United States military dependent's identification card.
    Requesters must also provide a signed and notarized statement that 
they are the person named in the request; that they understand that any 
falsification of their statement is punishable under the provision of 
18 U.S.C. 1001 by a fine, or by imprisonment of not more than five 
years or, if the offense involves international or domestic terrorism 
(as defined in section 2331), imprisonment of not more than eight 
years, or both; and that requesting or obtaining records under false 
pretenses is punishable under the provisions of 5 U.S.C. 552a(i)(3) as 
a misdemeanor and by a fine of not more than $5,000. The notarized 
statement with an embossed notary seal must be submitted in the 
original paper to the USAID FOIA Office, Bureau for Management, Office 
of Management Services, Information and Records Division, 1300 
Pennsylvania Avenue NW., Room 2.07C--RRB, Washington, DC 20523-2701.

CONTESTING RECORD PROCEDURES:
    Individuals seeking to contest or amend records maintained on 
himself or herself must clearly and concisely state that information is 
being contested, and the proposed amendment to the information sought. 
Requests to amend a record must follow the Record Access Procedures 
above.

RECORD SOURCE CATEGORIES:
    Individuals and organizations submitting initial requests and 
administrative appeals pursuant to the FOIA and Privacy Act, or other 
applicable executive order(s) governing classified national security 
information; the agency records searched in the process of responding 
to such requests and appeals; USAID personnel assigned to handle such 
requests and appeals; agency records searched in the process of 
responding to such requests and appeals; other agencies that refer to, 
search for and provide the records and related correspondence that are 
maintained in the case files; and submitters or subject of records or 
information that have provided assistance to USAID in making access or 
amendment determinations.

EXEMPTIONS CLAIMED FOR THE SYSTEM:
    USAID has claimed exemptions for several of its other systems of 
records under 5 U.S.C. 552a(j)(2) and (k).

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Additional exemptions are delineated in 22 CFR 215.13 and 215.14. 
During the processing of FOIA and Privacy Act requests and 
administrative appeals, exempt records from these other systems of 
records may become part of the case record in this system of records. 
To the extent that exempt records from other USAID systems of records 
are entered or become part of this system, USAID has claimed the same 
exemptions. In addition, any such records compiled in this system of 
records from any other system of records continues to be subject to any 
exemption(s) applicable for the records as they have in the primary 
systems of records of which they are a part.

[FR Doc. 2014-02525 Filed 2-5-14; 8:45 am]
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