Privacy Act of 1974; System of Records, 45946-45949 [2020-16567]
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45946
Federal Register / Vol. 85, No. 147 / Thursday, July 30, 2020 / Notices
III. Date of Effectiveness of the
Proposed Rule Change and Timing for
Commission Action
Within 45 days of the date of
publication of this notice in the Federal
Register or within such longer period
up to 90 days (i) as the Commission may
designate if it finds such longer period
to be appropriate and publishes its
reasons for so finding or (ii) as to which
the self-regulatory organization
consents, the Commission will:
(A) By order approve or disapprove
the proposed rule change, or
(B) institute proceedings to determine
whether the proposed rule change
should be disapproved.
IV. Solicitation of Comments
Interested persons are invited to
submit written data, views and
arguments concerning the foregoing,
including whether the proposed rule
change is consistent with the Exchange
Act. Comments may be submitted by
any of the following methods:
inspection and copying at the principal
office of OCC and on OCC’s website at
https://www.theocc.com/about/
publications/bylaws.jsp.
All comments received will be posted
without change. Persons submitting
comments are cautioned that we do not
redact or edit personal identifying
information from comment submissions.
You should submit only information
that you wish to make available
publicly.
All submissions should refer to File
Number SR–OCC–2020–008 and should
be submitted on or before August 20,
2020.
ADDRESSES:
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.23
J. Matthew DeLesDernier,
Assistant Secretary.
FOR FURTHER INFORMATION CONTACT:
[FR Doc. 2020–16467 Filed 7–29–20; 8:45 am]
BILLING CODE P
DEPARTMENT OF STATE
Electronic Comments
• Use the Commission’s internet
comment form (https://www.sec.gov/
rules/sro.shtml); or
• Send an email to rule-comments@
sec.gov. Please include File Number SR–
OCC–2020–008 on the subject line.
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Paper Comments
• Send paper comments in triplicate
to Secretary, Securities and Exchange
Commission, 100 F Street NE,
Washington, DC 20549–1090.
All submissions should refer to File
Number SR–OCC–2020–008. This file
number should be included on the
subject line if email is used. To help the
Commission process and review your
comments more efficiently, please use
only one method. The Commission will
post all comments on the Commission’s
internet website (https://www.sec.gov/
rules/sro.shtml). Copies of the
submission, all subsequent
amendments, all written statements
with respect to the proposed rule
change that are filed with the
Commission, and all written
communications relating to the
proposed rule change between the
Commission and any person, other than
those that may be withheld from the
public in accordance with the
provisions of 5 U.S.C. 552, will be
available for website viewing and
printing in the Commission’s Public
Reference Room, 100 F Street NE,
Washington, DC 20549, on official
business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of such
filing also will be available for
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[Public Notice: 11172]
Privacy Act of 1974; System of
Records
Questions can be submitted
by mail, email, or by calling John C.
Sullivan, the Senior Agency Official for
Privacy, on (202) 647–6435. If mail,
please write to: U.S. Department of
State; Office of Global Information
Systems, Privacy Staff; A/GIS/PRV;
2025 E Street NW, SA–09, NW 08–086B;
Washington, DC 20006. If email, please
address the email to the Senior Agency
Official for Privacy, John C. Sullivan, at
Privacy@state.gov. Please write
‘‘Educational and Cultural Exchange
Program Records, State–08’’ on the
envelope or the subject line of your
email.
John
C. Sullivan, Senior Agency Official for
Privacy; U.S. Department of State; Office
of Global Information Services, A/GIS;
HST, 2201 C Street NW, HST–1417;
Washington, DC 20520 or by calling
(202) 647–6435.
SUPPLEMENTARY INFORMATION: This
notice is being modified to reflect new
OMB guidance. The modified system of
records notice includes revisions and
additions to the following sections:
System Location, Categories of
Individuals, Categories of Records,
Routine Uses, and Safeguards.
AGENCY:
Department of State.
Notice of a Modified System of
Records.
SYSTEM NAME AND NUMBER:
ACTION:
Educational and Cultural Affairs
Exchange Program Records, State–08.
Notice is hereby given that
the Department of State proposes to
amend an existing system of records,
Educational and Cultural Exchange
Program Records, State–08. The
information collected and maintained in
this system is in keeping with the
Department’s mission to promote
mutual understanding between the
people of the United States and the
people of other countries by means of
educational and cultural exchange. The
information may be used to aid in the
identification, selection, and placement
of individuals for educational and
cultural exchange grants/cooperative
agreements and programs, in the
administration of such awards and
programs, and in maintaining contact
with current and former educational
and cultural exchange participants.
DATES: In accordance with 5 U.S.C.
552a(e)(4) and (11), this system of
records notice is effective upon
publication, with the exception of the
routine uses [(a)–(p)] that are subject to
a 30-day period during which interested
persons may submit comments to the
Department. Please submit any
comments by August 31, 2020.
SECURITY CLASSIFICATION:
SUMMARY:
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CFR 200.30–3(a)(12).
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Unclassified.
SYSTEM LOCATION:
Department of State, State Annex 05,
2200 C Street NW, Washington, DC
20522, overseas at U.S. embassies, U.S.
consulates general, U.S. consulates, U.S.
missions. Files will also be stored
within a government certified cloud,
implemented by the Department of State
and provided by a cloud-based provider.
SYSTEM MANAGER(S):
U.S. Department of State; Director,
Office of Alumni Affairs, Bureau of
Educational and Cultural Affairs; U.S.
Department of State, SA–5, 2200 C
Street NW, Washington, DC 20522–
0500.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
5 U.S.C. 301 (Management of the
Department of State); 22 U.S.C. 2651a
(Organization of the Department of
State); 22 U.S.C. 3921 (Management of
service).
PURPOSE(S) OF THE SYSTEM:
The information maintained in this
system is in keeping with the
Department’s mission to promote
mutual understanding between the
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Federal Register / Vol. 85, No. 147 / Thursday, July 30, 2020 / Notices
people of the United States and the
people of other countries by means of
educational and cultural exchange.
Records in this system are used to aid
in the identification, selection, and
placement of individuals for
educational and cultural exchange
grants and programs, for the
administration of such grants/
cooperative agreements and programs,
for statistical and financial reporting,
and for maintaining contact with
current and former educational and
cultural exchange participants.
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
Applicants for participation in
educational and cultural exchange
programs; U.S. citizen applicants
sponsored by the Bureau of Educational
and Cultural Affairs (including
unsuccessful applicants) to participate
in outbound exchange programs;
applicants to serve as host families for
international exchange participants
(including unsuccessful applicants);
officials, owners, chief executives, and
legal counsel of designated sponsors,
including unsuccessful designation
applicants; officials, owners, chief
executives, legal counsel, and family
members of host entities, to include host
families, host organizations, and host
employers. The Privacy Act defines an
individual at 5 U.S.C. 552a(a)(2) as a
United States citizen or lawful
permanent resident.
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CATEGORIES OF RECORDS IN THE SYSTEM:
Categories of records may include
identifying information, such as, but not
limited to, name, date of birth, gender,
race, ethnicity, disability, U.S. and
foreign home address, mailing and
email addresses, telephone numbers,
numeric identifier (such as employee
identification number, Social Security
number, or passport number),
educational information, employment
information, wage compensation
information, financial information,
academic transcripts, letters of
reference, ratings by nongovernmental
panel members, insurance vouchers
and/or cards, medical information,
criminal background checks,
designation information, information
gathered from other United States
Government (USG) records systems
such as SEVIS, press releases and media
reporting (including print and online
platforms).
RECORD SOURCE CATEGORIES:
These records contain information
obtained directly from the individual
who is the subject of these records, from
implementing partner organizations,
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from other U.S. government agencies,
schools, colleges and universities,
designated sponsors, and from
published material and other reference
sources.
ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES OF USERS AND
PURPOSES OF SUCH USES:
Educational and Cultural Affairs
Exchange Program Records, State–08
may be disclosed:
(a) To the general public, for
participant directories and for program
promotion;
(b) To media, for program promotion;
(c) To public and private sector
partner organizations for the purposes of
marketing, recruitment, alumni
association affiliation, and as necessary
for administration of programs as
supervising organizations change and
transfer roles;
(d) To the J. William Fulbright
Foreign Scholarship Board as necessary
for oversight of the Fulbright and
Humphrey Programs, and for
communicating with current and former
Fulbright and Humphrey grantees;
(e) To officials of foreign
governments, for participant vetting and
selection; and for the procurement of
necessary services for exchange program
participants placed overseas, such as
entry permits, residence registration,
and documentation of academic
affiliation;
(f) To attorneys or other persons
designated by participants to represent
them;
(g) To health insurance carriers
contracting with the Bureau of
Educational and Cultural Affairs to
provide a health benefits plan for
exchange participants, 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;
(h) To participants’ family members
or other relatives designated by them to
assist in case of emergency or matters
related to the students’ health, safety
and welfare;
(i) To the President of the United
States, the Executive Office of the
President, members of Congress,
including legislative and appropriations
committees charged with consideration
of legislation and appropriations for the
Bureau of Educational and Cultural
Affairs, or representatives duly
authorized by such, and U.S. state and
local officials;
(j) With officials of federal, state,
municipal, foreign or international law
enforcement or other relevant agency or
organization as needed for security, law
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enforcement or counterterrorism
purposes, such as: Investigative
material, threat alerts and analyses,
protective intelligence and
counterintelligence information;
(k) With the news media and the
public when a matter involving the
Department of State has become public
knowledge; the Under Secretary for
Public Diplomacy and Public Affairs
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
Under Secretary for Public Diplomacy
and Public Affairs determines that there
is a legitimate public interest in the
information disclosed;
(l) To the Department of Justice when
conducting litigation or in proceedings
before any court;
(m) To designated sponsors for the
purpose of designation, enrollment, and
the monitoring of category J
nonimmigrants, as well as audit,
oversight, and compliance enforcement.
(n) To a contractor of the Department
having need for the information in the
performance of the contract, but not
operating a system of records within the
meaning of 5 U.S.C. 552a(m);
(o) To appropriate agencies, entities,
and persons when (1) the Department of
State suspects or has confirmed that
there has been a breach of the system of
records; (2) the Department of State has
determined that as a result of the
suspected or confirmed breach there is
a risk of harm to individuals, the
Department of State (including its
information systems, programs, and
operations), the Federal Government, or
national security; and (3) the disclosure
made to such agencies, entities, and
persons is reasonably necessary to assist
in connection with the Department of
State efforts to respond to the suspected
or confirmed breach or to prevent,
minimize, or remedy such harm;
(p) To another Federal agency or
Federal entity, when the Department of
State determines that information from
this system of records is reasonably
necessary to assist the recipient agency
or entity in (1) responding to a
suspected or confirmed breach or (2)
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, resulting from a
suspected or confirmed breach.
The Department of State periodically
publishes in the Federal Register its
standard routine uses which apply to
many of its Privacy Act systems of
records. These notices appear in the
form of a Prefatory Statement (published
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in Volume 73, Number 136, Public
Notice 6290, on July 15, 2008). All these
standard routine uses apply to
Educational and Cultural Affairs
Exchange Program Records, State–08.
POLICIES AND PRACTICES FOR STORAGE OF
RECORDS:
Records are stored both in hard copy
and on electronic media. A description
of standard Department of State policies
concerning storage of electronic records
is found here https://fam.state.gov/
FAM/05FAM/05FAM0440.html. All
hard copies of records containing
personal information are maintained in
secured file cabinets in restricted areas,
access to which is limited to authorized
personnel only.
POLICIES AND PRACTICES FOR RETRIEVAL OF
RECORDS:
Records covered by this SORN are
retrievable by individual name and
numeric identifier, as well as by each
category of records in the system.
POLICIES AND PRACTICES FOR RETENTION AND
DISPOSAL OF RECORDS:
Records are retired and destroyed in
accordance with published Department
of State Records Disposition Schedules
as approved by the National Archives
and Records Administration (NARA)
and outlined here https://foia.state.gov/
Learn/RecordsDisposition.aspx. The
retention period for these records spans
from two years to 25 years depending on
the specific purpose for the collection.
More specific information may be
obtained by writing to the following
address: U.S. Department of State;
Director, Office of Information Programs
and Services; A/GIS/IPS; 2201 C Street
NW; Room B–266; Washington, DC
20520.
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ADMINISTRATIVE, TECHNICAL, AND PHYSICAL
SAFEGUARDS:
All users are given cyber security
awareness training which covers the
procedures for handling Sensitive but
Unclassified information, including
personally identifiable information (PII).
Annual refresher training is mandatory.
In addition, all Foreign Service and
Civil Service employees and those
Locally Employed Staff who handle PII
are required to take the Foreign Service
Institute’s distance learning course
instructing employees on privacy and
security requirements, including the
rules of behavior for handling PII and
the potential consequences if it is
handled improperly.
Access to the Department of State, its
annexes and posts abroad is controlled
by security guards and admission is
limited to those individuals possessing
a valid identification card or individuals
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16:38 Jul 29, 2020
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under proper escort. It is Department
policy that all paper records containing
personal information are maintained in
secured file cabinets in restricted areas,
access to which is limited to authorized
personnel only. Access to computerized
files is password-protected and under
the direct supervision of the system
manager. The system manager has the
capability of printing audit trails of
access from the computer media,
thereby permitting regular and ad hoc
monitoring of computer usage. When it
is determined that a user no longer
needs access, the user account is
disabled.
Before being granted access to
Educational and Cultural Affairs
Exchange Program Records, a user must
first be granted access to the Department
of State computer system. Remote
access to the Department of State
network from non-Department owned
systems is authorized only through a
Department approved access program.
Remote access to the network is
configured with the authentication
requirements contained in the Office of
Management and Budget Circular
Memorandum A–130. All Department of
State employees and contractors with
authorized access have undergone a
background security investigation.
The safeguards in the following
paragraphs apply only to records that
are maintained in cloud systems. All
cloud systems that provide IT services
and process Department of State
information must be specifically
authorized by the Department of State
Authorizing Official and Senior Agency
Official for Privacy.
Only information that conforms with
Department-specific definitions for
FISMA low or moderate categorization
are permissible for cloud usage unless
specifically authorized by the Cloud
Computing Governance Board. Specific
security measures and safeguards will
depend on the FISMA categorization of
the information in a given cloud system.
In accordance with Department policy,
systems that process more sensitive
information will require more stringent
controls and review by Department
cybersecurity experts prior to approval.
Prior to operation, all Cloud systems
must comply with applicable security
measures that are outlined in FISMA,
FedRAMP, OMB regulations, NIST
Federal Information Processing
Standards (FIPS) and Special
Publication (SP), and Department of
State policy and standards.
All data stored in cloud environments
categorized above a low FISMA impact
risk level must be encrypted at rest and
in-transit using a federally approved
encryption mechanism. The encryption
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keys shall be generated, maintained, and
controlled in a Department data center
by the Department key management
authority. Deviations from these
encryption requirements must be
approved in writing by the Authorizing
Official.
RECORD ACCESS PROCEDURES:
Individuals who wish to gain access
to or to amend records pertaining to
themselves should write to U.S.
Department of State; Director, Office of
Information Programs and Services; A/
GIS/IPS; 2201 C Street NW; Room B–
266; Washington, DC 20520. The
individual must specify that he or she
wishes the Educational and Cultural
Affairs Exchange Program Records to be
checked. At a minimum, the individual
must include: Full name (including
maiden name, if appropriate) and any
other names used; current mailing
address and zip code; date and place of
birth; notarized signature or statement
under penalty of perjury; a brief
description of the circumstances that
caused the creation of the record
(including the city and/or country and
the approximate dates) which gives the
individual cause to believe that the
Educational and Cultural Affairs
Exchange Program Records include
records pertaining to him or her.
Detailed instructions on Department of
State procedures for accessing and
amending records can be found at the
Department’s FOIA website located at
https://foia.state.gov/Request/
Guide.aspx.
CONTESTING RECORD PROCEDURES:
Individuals who wish to contest
record procedures should write to U.S.
Department of State; Director, Office of
Information Programs and Services; A/
GIS/IPS; 2201 C Street NW; Room B–
266; Washington, DC 20520.
NOTIFICATION PROCEDURES:
Individuals who have reason to
believe that this system of records may
contain information pertaining to them
may write to U.S. Department of State;
Director, Office of Information Programs
and Services; A/GIS/IPS; 2201 C Street
NW; Room B–266; Washington, DC
20520. The individual must specify that
he or she wishes the Educational and
Cultural Affairs Exchange Program
Records to be checked. At a minimum,
the individual must include: Full name
(including maiden name, if appropriate)
and any other names used; current
mailing address and zip code; date and
place of birth; notarized signature or
statement under penalty of perjury; a
brief description of the circumstances
that caused the creation of the record
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Federal Register / Vol. 85, No. 147 / Thursday, July 30, 2020 / Notices
(including the city and/or country and
the approximate dates) which gives the
individual cause to believe that the
Educational and Cultural Affairs
Exchange Program Records include
records pertaining to him or her.
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
None.
HISTORY:
Previously published at 72 FR 45083.
John C. Sullivan,
Senior Agency Official for Privacy, Deputy
Assistant Secretary, Office of Global
Information Services, Bureau of
Administration, Department of State.
[FR Doc. 2020–16567 Filed 7–29–20; 8:45 am]
BILLING CODE 4710–24–P
OFFICE OF THE UNITED STATES
TRADE REPRESENTATIVE
Notice of Product Exclusion
Extensions: China’s Acts, Policies, and
Practices Related to Technology
Transfer, Intellectual Property, and
Innovation
Office of the United States
Trade Representative.
ACTION: Notice of product exclusion
extensions.
AGENCY:
Effective August 23, 2018, the
U.S. Trade Representative imposed
additional duties on goods of China
with an annual trade value of
approximately $16 billion as part of the
action in the Section 301 investigation
of China’s acts, policies, and practices
related to technology transfer,
intellectual property, and innovation.
The U.S. Trade Representative initiated
the exclusion process in September
2018 and, to date, has granted three sets
of exclusions under the $16 billion
action. The first set of exclusions was
published in July 2019 and will expire
in July 2020. On April 30, 2020, the U.S.
Trade Representative established a
process for the public to comment on
whether to extend particular exclusions
granted in July 2019 for up to 12
months. This notice announces the U.S.
Trade Representative’s determination to
extend certain exclusions through
December 31, 2020.
DATES: The product exclusion
extensions announced in this notice
will apply as of July 31, 2020, and
extend through December 31, 2020. U.S.
Customs and Border Protection will
issue instructions on entry guidance and
implementation.
FOR FURTHER INFORMATION CONTACT: For
general questions about this notice,
contact Assistant General Counsels
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SUMMARY:
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16:38 Jul 29, 2020
Jkt 250001
Philip Butler or Benjamin Allen, or
Director of Industrial Goods Justin
Hoffmann at (202) 395–5725. For
specific questions on customs
classification or implementation of the
product exclusions identified in the
Annex to this notice, contact
traderemedy@cbp.dhs.gov.
SUPPLEMENTARY INFORMATION:
A. Background
For background on the proceedings in
this investigation, please see prior
notices including: 82 FR 40213 (August
23, 2017), 83 FR 14906 (April 6, 2018),
83 FR 28710 (June 20, 2018), 83 FR
33608 (July 17, 2018), 83 FR 38760
(August 7, 2018), 83 FR 40823 (August
16, 2018), 83 FR 47236 (September 18,
2018), 83 FR 47974 (September 21,
2018), 83 FR 65198 (December 19,
2018), 84 FR 7966 (March 5, 2019), 84
FR 20459 (May 9, 2019), 84 FR 29576
(June 24, 2019), 84 FR 37381 (July 31,
2019), 84 FR 49600 (September 20,
2019), 84 FR 52553 (October 2, 2019), 84
FR 69011 (December 17, 2019), 85 FR
10808 (February 25, 2020), 85 FR 28691
(May 13, 2020), and 85 FR 43291 (July
16, 2020).
Effective August 23, 2018, the U.S.
Trade Representative imposed
additional 25 percent duties on goods of
China classified in 279 eight-digit
subheadings of the Harmonized Tariff
Schedule of the United States (HTSUS),
with an approximate annual trade value
of $16 billion. See 83 FR 40823 (the $16
billion action). The U.S. Trade
Representative’s determination included
a decision to establish a process by
which U.S. stakeholders could request
exclusion of particular products
classified within an eight-digit HTSUS
subheading covered by the $16 billion
action from the additional duties. The
U.S. Trade Representative issued a
notice setting out the process for the
product exclusions and opened a public
docket. See 83 FR 47236 (the September
18 notice).
In July 2019, the U.S. Trade
Representative granted a set of
exclusion requests, which expire on July
31, 2020. See 84 FR 37381 (the July 31
notice). On April 30, 2020, the U.S.
Trade Representative invited the public
to comment on whether to extend by up
to 12 months, particular exclusions
granted in the July 31 notice. See 85 FR
24076 (the April 30 notice).
Under the April 30 notice,
commenters were asked to address:
• Whether the particular product
and/or a comparable product is
available from sources in the United
States and/or in third countries.
• any changes in the global supply
chain since July 2018 with respect to the
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45949
particular product, or any other relevant
industry developments.
• efforts, if any, importers or U.S.
purchasers have undertaken since July
2018 to source the product from the
United States or third countries.
In addition, commenters who were
importers and/or purchasers of the
products covered by an exclusion were
asked to provide information regarding:
• Their efforts since July 2018 to
source the product from the United
States or third countries.
• the value and quantity of the
Chinese-origin product covered by the
specific exclusion request purchased in
2018 and 2019, and whether these
purchases are from a related company.
• whether Chinese suppliers have
lowered their prices for products
covered by the exclusion following the
imposition of duties.
• the value and quantity of the
product covered by the exclusion
purchased from domestic and third
country sources in 2018 and 2019.
• the commenter’s gross revenue for
2018 and 2019.
• whether the Chinese-origin product
of concern is sold as a final product or
as an input.
• whether the imposition of duties on
the products covered by the exclusion
will result in severe economic harm to
the commenter or other U.S. interests.
• any additional information in
support or in opposition of the
extending the exclusion.
The April 30 notice required the
submission of comments no later than
June 1, 2020.
B. Determination To Extend Certain
Exclusions
Based on evaluation of the factors set
out in the September 18 notice and the
April 30 notice, which are summarized
above, pursuant to sections 301(b),
301(c), and 307(a) of the Trade Act of
1974, as amended, and in accordance
with the advice of the interagency
Section 301 Committee, the U.S. Trade
Representative has determined to
extend certain product exclusions
covered by the July 31 notice, as set out
in the Annex to this notice.
The April 30 notice provided that the
U.S. Trade Representative would
consider extensions of up to 12 months.
In light of the cumulative effect of
current and possible future exclusions
or extensions of exclusions on the
effectiveness of the action taken in this
investigation, the U.S. Trade
Representative has determined to
extend the exclusions in the Annex to
this notice for less than 12 months—
through December 31, 2020. To date, the
U.S. Trade Representative has granted
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Agencies
[Federal Register Volume 85, Number 147 (Thursday, July 30, 2020)]
[Notices]
[Pages 45946-45949]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-16567]
=======================================================================
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DEPARTMENT OF STATE
[Public Notice: 11172]
Privacy Act of 1974; System of Records
AGENCY: Department of State.
ACTION: Notice of a Modified System of Records.
-----------------------------------------------------------------------
SUMMARY: Notice is hereby given that the Department of State proposes
to amend an existing system of records, Educational and Cultural
Exchange Program Records, State-08. The information collected and
maintained in this system is in keeping with the Department's mission
to promote mutual understanding between the people of the United States
and the people of other countries by means of educational and cultural
exchange. The information may be used to aid in the identification,
selection, and placement of individuals for educational and cultural
exchange grants/cooperative agreements and programs, in the
administration of such awards and programs, and in maintaining contact
with current and former educational and cultural exchange participants.
DATES: In accordance with 5 U.S.C. 552a(e)(4) and (11), this system of
records notice is effective upon publication, with the exception of the
routine uses [(a)-(p)] that are subject to a 30-day period during which
interested persons may submit comments to the Department. Please submit
any comments by August 31, 2020.
ADDRESSES: Questions can be submitted by mail, email, or by calling
John C. Sullivan, the Senior Agency Official for Privacy, on (202) 647-
6435. If mail, please write to: U.S. Department of State; Office of
Global Information Systems, Privacy Staff; A/GIS/PRV; 2025 E Street NW,
SA-09, NW 08-086B; Washington, DC 20006. If email, please address the
email to the Senior Agency Official for Privacy, John C. Sullivan, at
[email protected]. Please write ``Educational and Cultural Exchange
Program Records, State-08'' on the envelope or the subject line of your
email.
FOR FURTHER INFORMATION CONTACT: John C. Sullivan, Senior Agency
Official for Privacy; U.S. Department of State; Office of Global
Information Services, A/GIS; HST, 2201 C Street NW, HST-1417;
Washington, DC 20520 or by calling (202) 647-6435.
SUPPLEMENTARY INFORMATION: This notice is being modified to reflect new
OMB guidance. The modified system of records notice includes revisions
and additions to the following sections: System Location, Categories of
Individuals, Categories of Records, Routine Uses, and Safeguards.
System Name and Number:
Educational and Cultural Affairs Exchange Program Records, State-
08.
Security Classification:
Unclassified.
System Location:
Department of State, State Annex 05, 2200 C Street NW, Washington,
DC 20522, overseas at U.S. embassies, U.S. consulates general, U.S.
consulates, U.S. missions. Files will also be stored within a
government certified cloud, implemented by the Department of State and
provided by a cloud-based provider.
System Manager(s):
U.S. Department of State; Director, Office of Alumni Affairs,
Bureau of Educational and Cultural Affairs; U.S. Department of State,
SA-5, 2200 C Street NW, Washington, DC 20522-0500.
Authority for Maintenance of the System:
5 U.S.C. 301 (Management of the Department of State); 22 U.S.C.
2651a (Organization of the Department of State); 22 U.S.C. 3921
(Management of service).
Purpose(s) of the System:
The information maintained in this system is in keeping with the
Department's mission to promote mutual understanding between the
[[Page 45947]]
people of the United States and the people of other countries by means
of educational and cultural exchange. Records in this system are used
to aid in the identification, selection, and placement of individuals
for educational and cultural exchange grants and programs, for the
administration of such grants/cooperative agreements and programs, for
statistical and financial reporting, and for maintaining contact with
current and former educational and cultural exchange participants.
Categories of Individuals Covered by the System:
Applicants for participation in educational and cultural exchange
programs; U.S. citizen applicants sponsored by the Bureau of
Educational and Cultural Affairs (including unsuccessful applicants) to
participate in outbound exchange programs; applicants to serve as host
families for international exchange participants (including
unsuccessful applicants); officials, owners, chief executives, and
legal counsel of designated sponsors, including unsuccessful
designation applicants; officials, owners, chief executives, legal
counsel, and family members of host entities, to include host families,
host organizations, and host employers. The Privacy Act defines an
individual at 5 U.S.C. 552a(a)(2) as a United States citizen or lawful
permanent resident.
Categories of Records in the System:
Categories of records may include identifying information, such as,
but not limited to, name, date of birth, gender, race, ethnicity,
disability, U.S. and foreign home address, mailing and email addresses,
telephone numbers, numeric identifier (such as employee identification
number, Social Security number, or passport number), educational
information, employment information, wage compensation information,
financial information, academic transcripts, letters of reference,
ratings by nongovernmental panel members, insurance vouchers and/or
cards, medical information, criminal background checks, designation
information, information gathered from other United States Government
(USG) records systems such as SEVIS, press releases and media reporting
(including print and online platforms).
Record Source Categories:
These records contain information obtained directly from the
individual who is the subject of these records, from implementing
partner organizations, from other U.S. government agencies, schools,
colleges and universities, designated sponsors, and from published
material and other reference sources.
Routine Uses of Records Maintained in the System, Including Categories
of Users and Purposes of Such Uses:
Educational and Cultural Affairs Exchange Program Records, State-08
may be disclosed:
(a) To the general public, for participant directories and for
program promotion;
(b) To media, for program promotion;
(c) To public and private sector partner organizations for the
purposes of marketing, recruitment, alumni association affiliation, and
as necessary for administration of programs as supervising
organizations change and transfer roles;
(d) To the J. William Fulbright Foreign Scholarship Board as
necessary for oversight of the Fulbright and Humphrey Programs, and for
communicating with current and former Fulbright and Humphrey grantees;
(e) To officials of foreign governments, for participant vetting
and selection; and for the procurement of necessary services for
exchange program participants placed overseas, such as entry permits,
residence registration, and documentation of academic affiliation;
(f) To attorneys or other persons designated by participants to
represent them;
(g) To health insurance carriers contracting with the Bureau of
Educational and Cultural Affairs to provide a health benefits plan for
exchange participants, 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;
(h) To participants' family members or other relatives designated
by them to assist in case of emergency or matters related to the
students' health, safety and welfare;
(i) To the President of the United States, the Executive Office of
the President, members of Congress, including legislative and
appropriations committees charged with consideration of legislation and
appropriations for the Bureau of Educational and Cultural Affairs, or
representatives duly authorized by such, and U.S. state and local
officials;
(j) With officials of federal, state, municipal, foreign or
international law enforcement or other relevant agency or organization
as needed for security, law enforcement or counterterrorism purposes,
such as: Investigative material, threat alerts and analyses, protective
intelligence and counterintelligence information;
(k) With the news media and the public when a matter involving the
Department of State has become public knowledge; the Under Secretary
for Public Diplomacy and Public Affairs 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 Under Secretary for
Public Diplomacy and Public Affairs determines that there is a
legitimate public interest in the information disclosed;
(l) To the Department of Justice when conducting litigation or in
proceedings before any court;
(m) To designated sponsors for the purpose of designation,
enrollment, and the monitoring of category J nonimmigrants, as well as
audit, oversight, and compliance enforcement.
(n) To a contractor of the Department having need for the
information in the performance of the contract, but not operating a
system of records within the meaning of 5 U.S.C. 552a(m);
(o) To appropriate agencies, entities, and persons when (1) the
Department of State suspects or has confirmed that there has been a
breach of the system of records; (2) the Department of State has
determined that as a result of the suspected or confirmed breach there
is a risk of harm to individuals, the Department of State (including
its information systems, programs, and operations), the Federal
Government, or national security; and (3) the disclosure made to such
agencies, entities, and persons is reasonably necessary to assist in
connection with the Department of State efforts to respond to the
suspected or confirmed breach or to prevent, minimize, or remedy such
harm;
(p) To another Federal agency or Federal entity, when the
Department of State determines that information from this system of
records is reasonably necessary to assist the recipient agency or
entity in (1) responding to a suspected or confirmed breach or (2)
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, resulting from a suspected or confirmed breach.
The Department of State periodically publishes in the Federal
Register its standard routine uses which apply to many of its Privacy
Act systems of records. These notices appear in the form of a Prefatory
Statement (published
[[Page 45948]]
in Volume 73, Number 136, Public Notice 6290, on July 15, 2008). All
these standard routine uses apply to Educational and Cultural Affairs
Exchange Program Records, State-08.
Policies and Practices for Storage of Records:
Records are stored both in hard copy and on electronic media. A
description of standard Department of State policies concerning storage
of electronic records is found here https://fam.state.gov/FAM/05FAM/05FAM0440.html. All hard copies of records containing personal
information are maintained in secured file cabinets in restricted
areas, access to which is limited to authorized personnel only.
Policies and Practices For Retrieval of Records:
Records covered by this SORN are retrievable by individual name and
numeric identifier, as well as by each category of records in the
system.
Policies and Practices for Retention and Disposal of Records:
Records are retired and destroyed in accordance with published
Department of State Records Disposition Schedules as approved by the
National Archives and Records Administration (NARA) and outlined here
https://foia.state.gov/Learn/RecordsDisposition.aspx. The retention
period for these records spans from two years to 25 years depending on
the specific purpose for the collection. More specific information may
be obtained by writing to the following address: U.S. Department of
State; Director, Office of Information Programs and Services; A/GIS/
IPS; 2201 C Street NW; Room B-266; Washington, DC 20520.
Administrative, Technical, and Physical Safeguards:
All users are given cyber security awareness training which covers
the procedures for handling Sensitive but Unclassified information,
including personally identifiable information (PII). Annual refresher
training is mandatory. In addition, all Foreign Service and Civil
Service employees and those Locally Employed Staff who handle PII are
required to take the Foreign Service Institute's distance learning
course instructing employees on privacy and security requirements,
including the rules of behavior for handling PII and the potential
consequences if it is handled improperly.
Access to the Department of State, its annexes and posts abroad is
controlled by security guards and admission is limited to those
individuals possessing a valid identification card or individuals under
proper escort. It is Department policy that all paper records
containing personal information are maintained in secured file cabinets
in restricted areas, access to which is limited to authorized personnel
only. Access to computerized files is password-protected and under the
direct supervision of the system manager. The system manager has the
capability of printing audit trails of access from the computer media,
thereby permitting regular and ad hoc monitoring of computer usage.
When it is determined that a user no longer needs access, the user
account is disabled.
Before being granted access to Educational and Cultural Affairs
Exchange Program Records, a user must first be granted access to the
Department of State computer system. Remote access to the Department of
State network from non-Department owned systems is authorized only
through a Department approved access program. Remote access to the
network is configured with the authentication requirements contained in
the Office of Management and Budget Circular Memorandum A-130. All
Department of State employees and contractors with authorized access
have undergone a background security investigation.
The safeguards in the following paragraphs apply only to records
that are maintained in cloud systems. All cloud systems that provide IT
services and process Department of State information must be
specifically authorized by the Department of State Authorizing Official
and Senior Agency Official for Privacy.
Only information that conforms with Department-specific definitions
for FISMA low or moderate categorization are permissible for cloud
usage unless specifically authorized by the Cloud Computing Governance
Board. Specific security measures and safeguards will depend on the
FISMA categorization of the information in a given cloud system. In
accordance with Department policy, systems that process more sensitive
information will require more stringent controls and review by
Department cybersecurity experts prior to approval. Prior to operation,
all Cloud systems must comply with applicable security measures that
are outlined in FISMA, FedRAMP, OMB regulations, NIST Federal
Information Processing Standards (FIPS) and Special Publication (SP),
and Department of State policy and standards.
All data stored in cloud environments categorized above a low FISMA
impact risk level must be encrypted at rest and in-transit using a
federally approved encryption mechanism. The encryption keys shall be
generated, maintained, and controlled in a Department data center by
the Department key management authority. Deviations from these
encryption requirements must be approved in writing by the Authorizing
Official.
Record Access Procedures:
Individuals who wish to gain access to or to amend records
pertaining to themselves should write to U.S. Department of State;
Director, Office of Information Programs and Services; A/GIS/IPS; 2201
C Street NW; Room B-266; Washington, DC 20520. The individual must
specify that he or she wishes the Educational and Cultural Affairs
Exchange Program Records to be checked. At a minimum, the individual
must include: Full name (including maiden name, if appropriate) and any
other names used; current mailing address and zip code; date and place
of birth; notarized signature or statement under penalty of perjury; a
brief description of the circumstances that caused the creation of the
record (including the city and/or country and the approximate dates)
which gives the individual cause to believe that the Educational and
Cultural Affairs Exchange Program Records include records pertaining to
him or her. Detailed instructions on Department of State procedures for
accessing and amending records can be found at the Department's FOIA
website located at https://foia.state.gov/Request/Guide.aspx.
Contesting Record Procedures:
Individuals who wish to contest record procedures should write to
U.S. Department of State; Director, Office of Information Programs and
Services; A/GIS/IPS; 2201 C Street NW; Room B-266; Washington, DC
20520.
Notification Procedures:
Individuals who have reason to believe that this system of records
may contain information pertaining to them may write to U.S. Department
of State; Director, Office of Information Programs and Services; A/GIS/
IPS; 2201 C Street NW; Room B-266; Washington, DC 20520. The individual
must specify that he or she wishes the Educational and Cultural Affairs
Exchange Program Records to be checked. At a minimum, the individual
must include: Full name (including maiden name, if appropriate) and any
other names used; current mailing address and zip code; date and place
of birth; notarized signature or statement under penalty of perjury; a
brief description of the circumstances that caused the creation of the
record
[[Page 45949]]
(including the city and/or country and the approximate dates) which
gives the individual cause to believe that the Educational and Cultural
Affairs Exchange Program Records include records pertaining to him or
her.
Exemptions Promulgated for the System:
None.
History:
Previously published at 72 FR 45083.
John C. Sullivan,
Senior Agency Official for Privacy, Deputy Assistant Secretary, Office
of Global Information Services, Bureau of Administration, Department of
State.
[FR Doc. 2020-16567 Filed 7-29-20; 8:45 am]
BILLING CODE 4710-24-P