Privacy Act of 1974; System of Records, 11387-11391 [2015-04305]

Agencies

• Agency for International Development

[Federal Register Volume 80, Number 41 (Tuesday, March 3, 2015)]
[Notices]
[Pages 11387-11391]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-04305]


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AGENCY FOR INTERNATIONAL DEVELOPMENT


Privacy Act of 1974; System of Records

AGENCY: United States Agency for International Development.

ACTION: New system of records notice.

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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 new public 
notice for a system of records entitled ``USAID-1 Foreign Service 
Personnel Records''. 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 April 2, 2015. Unless comments are received 
that would require a revision, this altered system of records will 
become effective on April 2, 2015.

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, 1300 Pennsylvania Avenue NW., Washington, DC 
20523.

FOR FURTHER INFORMATION CONTACT: The USAID Privacy Office at United 
States Agency for International Development, Bureau for Management, 
Office of the Chief Information Officer, Information Assurance 
Division, 1300 Pennsylvania Avenue NW., Washington, DC 20523; or via 
email at privacy@usaid.gov.

SUPPLEMENTARY INFORMATION: USAID has recently conducted a review of 
systems of records notices and has determined that it deleted USAID-1 
Foreign Service Personnel Records in error at 72 FR 50096 (August 30, 
2007). USAID-1 was last published at 42 FR 47371 (Sept. 20, 1977). 
USAID will create a new USAID-1 with the same title, Foreign Service 
Personnel Records. Also, USAID has determined that USAID-6 Recruiting, 
Examining and Placement Records and USAID-7 Foreign Service Personnel 
Evaluation Records were deleted in error on August 30, 2007 (72 FR 
50096). In addition, USAID has determined that the portions of USAID-11 
Employee Conduct and Discipline Records, USAID-12 Executive Assignment 
Records, USAID-13 Orientation and Training Records, and USAID-24 
Emergency Case File that cover Foreign Service personnel records were 
deleted in error on August 30, 2007 (72 FR 50096). In order to reflect 
the current status of the USAID Foreign Service personnel system of 
records, the new USAID-1 Foreign Service Personnel Records will 
incorporate the Foreign Service personnel records from USAID-1, USAID-
6, USAID-7, USAID-11, USAID-12, USAID-13, and USAID-24.

    Dated: February 5, 2015.
William Morgan,
Chief Privacy Officer, United States Agency for International 
Development.
USAID-1

SYSTEM NAME:
    Foreign Service Personnel Records.

SYSTEM LOCATION:
    United States Agency for International Development (USAID), 1300 
Pennsylvania Avenue NW., Washington, DC 20523 and other USAID offices 
in the United States and throughout the world; U.S. Department of 
Agriculture (USDA), National Finance Center (NFC), New Orleans, LA 
70129; U.S. Department of the Treasury, Internal Revenue Service, IRS-
Enterprise Computing Center-Detroit, Detroit, MI 48232; Washington 
National Records Center, 4205 Suitland Road, Suitland, MD 20746-8001; 
and National Personnel Records Center, National Archives and Records 
Administration (NARA), 111 Winnebago Street, St. Louis, MO 63118.

[[Page 11388]]

CATEGORIES OF INDIVIDUALS IN THE SYSTEM:
    The system encompasses all individuals who are current or former 
employees hired under the Foreign Service Act authority by 1) USAID or 
2) another federal agency and on detail to USAID.

CATEGORIES OF RECORDS IN THE SYSTEM:
    This system consists of records created or compiled for Foreign 
Service Act personnel actions, including official personnel files; work 
experience, education level achieved, and specialized education or 
training obtained both inside and outside of Foreign Service; Federal 
service, past and present positions held, grades, salaries, duty 
station locations; notices of all personnel actions, such as 
appointments, transfers, reassignments, details, promotions, demotions, 
reductions-in-force, resignations, separations, suspensions, and 
removals; life and health insurance benefits; position classification; 
recruiting, examining, and placement; disability, race/ethnicity, and 
national origin classification data; evaluation and performance 
management; employee conduct and discipline; executive assignments; 
orientation and training; awards and incentives; workers compensation; 
designations for lump-sum death benefits; classified information 
nondisclosure agreements; Thrift Savings Plan; and ethics pledges and 
all pledge waiver certifications. Medical records, forms, and reports 
are included when they are related to the application for and 
employment as a Foreign Service position, including health records 
related to workers' compensation claims, employee health promotion and 
wellness activities, and drug testing. All categories of records may 
include identifying information, such as name, Social Security Number, 
mailing address, home telephone number, cell phone number, resume, 
clearance level, pay grade, salary, direct-deposit financial 
information, position title, and position number.

AUTHORITY FOR MAINTENANCE OF SYSTEM OF RECORDS:
    The system was established and is maintained pursuant to 5 U.S.C. 
301, Departmental Regulations; 5 U.S.C. 302, Delegation of Authority; 
22 U.S.C. Ch. 32, Foreign Assistance, Subchapter I, International 
Development; 22 U.S.C. Ch. 52, Foreign Service.

PURPOSE(S):
    The records are collected, used, maintained, and disseminated for 
the purpose of documenting all processes associated with individual 
Foreign Service employment histories and career progression, including 
screening qualifications of employees; determining status, eligibility, 
and employee's rights and benefits; computing length of service; other 
Foreign Service personnel services; and making personnel management 
determinations about Foreign Service personnel throughout their Foreign 
Service careers.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYTEM, INCLUDING CATEGORIES 
OF USERS AND PURPOSEs OF SUCH USE:
    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 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 Federal 
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 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.
    (4) 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.
    (5) 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.
    (6) 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.
    (7) 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.
    (8) To appropriate officials and employees of a Federal Government 
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.
    (9) To a committee or subcommittee of Congress and the Government 
Accountability Office for the purposes of responding to inquiries.
    (10) 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

[[Page 11389]]

executive order(s) governing classification.
    (11) 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.
    (12) 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.
    (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 
USAID 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 (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, entity, or person) that rely upon the compromised 
information; and (3) 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 compromise and 
prevent, minimize, or remedy such harm.
    (15) To attorneys, union representatives, or other persons 
designated by USAID employees in writing to represent them in 
complaints, grievance, appeal, or litigation cases.
    (16) To requestors in determining a former spouse's entitlement to 
benefits and other inquiries related to retirement benefits.
    (17) To labor organization officials when such information is 
relevant to personnel policies affecting employment conditions and 
necessary for exclusive representation by the labor organization.
    (18) To officials of foreign governments and other U.S. government 
agencies for clearance before a Federal employee is assigned to that 
country as well as for the procurement of necessary services for 
American personnel assigned overseas, such as permits of free entry and 
identity cards.
    (19) To the Department of Labor, Department of Veterans Affairs, 
Social Security Administration, Department of Defense, or any other 
Federal agencies that have special civilian employee retirement and 
disability programs; or to a national, state, county, municipal, or 
other publicly recognized income administration agency (e.g. State 
unemployment compensation agencies), when necessary to adjudicate a 
claim under the retirement, insurance, unemployment or health benefits 
programs of USAID or an agency cited above, or to an agency to conduct 
an analytical study or audit of benefits being paid under such 
programs.
    (20) To the Office of Federal Employees Group Life Insurance, 
information necessary to verify election, declination, or waiver of 
regular and/or optional life insurance coverage, or eligibility for 
payment of a claim for life insurance.
    (21) To health insurance carriers contracting with the Federal 
government to provide a health benefits plan under the Federal 
Employees Health Benefits Program, information necessary to identify 
enrollment in a plan, to verify eligibility for payment of a claim for 
health benefits, or to carry out the coordination or audit of benefit 
provisions of such contracts.
    (22) To any person who is responsible for the care of an individual 
to whom a record pertains who is mentally incompetent or under other 
legal disability. Information in the individual's record may be 
disclosed to said person to the extent necessary to assure payment of 
benefits to which the individual is entitled.
    (23) To public and private organizations, including news media, 
which grant or publicize employee recognition to consider and select 
employees for incentive awards and other honors and to publicize awards 
and honors granted.
    (24) To the Department of Justice in connection with proceedings 
before a court, adjudicative body, or other administrative body when 
any of the following is a party to litigation or has an interest in 
such litigation and USAID determines that the use of such records is 
arguably relevant and necessary to the litigation of (1) the USAID or 
any component thereof, (2) any employee of the USAID in his or her 
official capacity, (3) any employee of the USAID in his or her 
individual capacity where the Department of Justice or the USAID has 
agreed to represent the employee, or (4) the United States, when the 
USAID determines that litigation is likely to affect the USAID or any 
of its components.
    (25) To implement court decisions and/or terms of settlement 
agreements reached by the parties.
    (26) To prepare reports to the courts in compliance with monitoring 
requirements.
    (27) To courts or federal agencies including, but not limited to, 
the Equal Employment Opportunity Commission, the Foreign Service 
Grievance Board, and the Merit Systems Protection Board, in response to 
an order directing the production of personnel records.
    (28) To other Government agencies and private organizations, 
institutions or individuals to verify employment, to process security 
clearances and to request record or credit checks.
    (29) To officials of other Federal agencies for purposes of 
performance of official duties in support of the functions for which 
the records were collected and maintained.
    (30) To disclose information to Equal Employment Opportunity (EEO) 
counselors and EEO investigators in connection with EEO complaints and 
to the Equal Employment Opportunity Commission when requested in 
connection with investigations of alleged or possible discrimination 
practices in the Federal sector, examination of Federal affirmative 
employment programs, compliance by Federal agencies with the Uniform 
Guidelines on Employee Selection Procedures, or other functions vested 
in the Commission.
    (31) To the Department of Labor's Office of Workers' Compensation 
programs relating to benefits under the Federal Employees Compensation 
Act.
    (32) To disclose information to the news media and the public when 
a matter involving the USAID has become public knowledge; the Assistant 
Administrator Under Secretary for Management determines that in 
response to the matter in the public domain, disclosure is necessary to 
provide an accurate factual record on the matter; and the Assistant 
Administrator for Management determines that there is a legitimate 
public interest in the information disclosed.

[[Page 11390]]

POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, 
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
    Paper and microfiche records are maintained by USAID and are 
safeguarded in secured cabinets within secured rooms. The electronic 
records are stored in the HR Connect system, Electronic Official 
Personnel File (eOPF) system, and National Finance Center Payroll/
Personnel System, which are safeguarded in accordance with applicable 
rules and policies, including all applicable USAID automated systems 
security and access policies. Strict controls have been imposed to 
minimize the risk of compromising the information that is being stored. 
Access to the records is limited to those individuals who have a need 
to know the information for the performance of their official duties 
and who have appropriate clearances or permissions.

RETRIEVABILITY:
    Records are retrieved by the name of the Foreign Service personnel 
and numeric identifier.

SAFEGUARDS:
    Information in this system is safeguarded in accordance with 
applicable laws, rules and policies, including the agency's automated 
directive system. 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:
    Director, Foreign Service Center, Human Capital and Talent 
Management, United States Agency for International Development, Office 
of Human Resources, 1300 Pennsylvania Avenue NW., Washington, DC 20523.

NOTIFICATION PROCEDURE:
    Same as Record Access Procedures.

RECORDS 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: 
(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 Facsimile to 202-216-3070; (3) via email to foia@usaid.gov; (4) on 
the USAID Web site at www.usaid.gov/foia-requests; or (5) in person 
during regular business hours at USAID, 1300 Pennsylvania Avenue NW., 
Washington, DC 20523-2701, or at USAID overseas missions.
    Requesters using 1 through 4 may provide a written statement or may 
complete and submit USAID Form 507-1, Freedom of Information/Privacy 
Act Record Request Form, which can be obtained: (a) On the USAID Web 
site at www.usaid.gov/foia-requests; (b) by email request to 
foia@usaid.gov; or (c) 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, and provide 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 using 1 through 4 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 
United States Government employee identity card; 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 using 1 through 4 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.
    Requesters using 5 must provide such personal identification as is 
reasonable under the circumstances to verify the requester's identity, 
including the following: An unexpired United States passport; Social 
Security Card; unexpired United States Government employee identity 
card; 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.

CONTESTING RECORDS 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.

RECORDS SOURCE CATEGORIES:
    These records contain information provided directly by the 
individuals who are the subject of these records; and from 
administrative officers in USAID bureaus and missions, Office of Human 
Resources employees, and other sources of records maintained in the 
official personnel files of Foreign Service personnel.

EXEMPTIONS CLAIMED FOR THE SYSTEM:
    Pursuant to 5 U.S.C. 552a (k)(1), subject to the provisions of 
section 552(b)(1), records are exempted from 5 U.S.C. 552a (c)(3), (d), 
(e)(1), (e)(4)(G), (H) and (I), and (f) to protect material required to 
be kept Secret. Pursuant to

[[Page 11391]]

5 U.S.C. 552a (k)(4), records contained within this system that are 
maintained solely for statistical purposes are also exempted from 5 
U.S.C. 552a (c)(3), (d), (e)(1), (e)(4)(G), (H) and (I), and (f). 
Pursuant to 5 U.S.C. 552a (k)(5) and (k)(7), certain records contained 
within this system contain confidential source information and are 
exempted from 5 U.S.C. 552a (c)(3), (d), (e)(1), (e)(4)(G), (H) and 
(I), and (f). Pursuant to 5 U.S.C. 552a (k)(6), records that contain 
testing or examination material the release of which may compromise 
testing or examination procedures are also exempted from 5 U.S.C. 552a 
(c)(3), (d), (e)(1), (e)(4)(G), (H) and (I), and (f). See USAID Rules 
published in 22 CFR 215.13 and 215.14.

[FR Doc. 2015-04305 Filed 3-2-15; 8:45 am]
BILLING CODE 6116-02-P