Privacy Act of 1974; System of Records, 9113-9116 [2024-02670]
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9113
Notices
Federal Register
Vol. 89, No. 28
Friday, February 9, 2024
This section of the FEDERAL REGISTER
contains documents other than rules or
proposed rules that are applicable to the
public. Notices of hearings and investigations,
committee meetings, agency decisions and
rulings, delegations of authority, filing of
petitions and applications and agency
statements of organization and functions are
examples of documents appearing in this
section.
AGENCY FOR INTERNATIONAL
DEVELOPMENT
Kevin Brownawell,
Executive Director, Afghan Partner Relocation
Task Force USAID.
[FR Doc. 2024–02783 Filed 2–8–24; 8:45 am]
BILLING CODE 6116–01–P
Agency Information Collection
Activities; Submission to the Office of
Management and Budget (OMB) for
Review and Approval; Employment
Records Collection From Implementing
Partners of Contracts in Afghanistan
Privacy Act of 1974; System of
Records
United States Agency for
International Development (USAID).
ACTION: Notice of emergency OMB
approval.
AGENCY:
In accordance with the
emergency review procedures of the
Paperwork Reduction Act of 1995
(PRA), USAID is requesting emergency
approval from the Office of Management
and Budget (OMB) for a new data
collection survey on employees of the
Implementing Partners of USAID
contracts in Afghanistan for the purpose
of facilitating the Special Immigrant
Visa (SIV) Chief Of Mission (COM)
approval process overseen by the
Department of State.
DATES: USAID plans to collect this
information starting from the second
week of February, 2024.
FOR FURTHER INFORMATION CONTACT:
Sulieman Hedayat, Management and
Program Analyst, U.S. Agency for
International Development Afghanistan
Partner Relocation Task Force, by email
at afghansiv@usaid.gov or by phone at
202–712–1914.
SUPPLEMENTARY INFORMATION: Pursuant
to 5 CFR 1320.13, the Agency submitted
a request for emergency approval to
collect new information on the
employment records of full-time Afghan
employees from USAID contractors in
Afghanistan.
Description of Proposed Use of
Information: The information will
include employee details such as dates
of employment and contract number,
which will be used to verify
employment as part of the COM
approval step of the SIV application
SUMMARY:
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Agency for International for
Development (USAID).
ACTION: Notice of new privacy act
system of records.
The Agency for International
Development (USAID) proposes to
establish a new system of records titled,
‘‘USAID–38: Responsibility,
Safeguarding, and Compliance Case
Management System (RSC CMS)’’
subject to the Privacy Act of 1974, as
amended. The purpose of publishing
this notice is to meet federal
requirements and promote consistent
maintenance of USAID RSC CMS
records. The new system is a dedicated
incident and case management system
which will contain records that capture
reports of misconduct allegations and
issues related to USAID programming
and supports USAID’s ability to monitor
and respond to misconduct.
DATES: Submit comments on or before
March 11, 2024. This new system of
records will be effective upon
publication. The Routine Uses are
effective at the close of the comment
period.
ADDRESSES: You may submit comments:
Electronic
• Federal eRulemaking Portal:
https://www.regulations.gov. Follow the
instructions on the website for
submitting comments.
• Email: Privacy@usaid.gov.
Paper
• Fax: 202–916–4946.
• Mail: Chief Privacy Officer, United
States Agency for International
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Development, 1300 Pennsylvania
Avenue NW, Washington, DC 20523.
Ms.
Celida A. Malone, USAID Privacy
Program at United States Agency for
International Development, Bureau for
Management, Office of the Chief
Information Officer, Information
Assurance Division: ATTN: USAID
Privacy Program, 1300 Pennsylvania
Avenue, NW, Washington, DC 20523, or
by phone number at 202–916–4605.
FOR FURTHER INFORMATION CONTACT:
USAID
proposes to establish a new System of
Records subject to the Privacy Act of
1974, 5 U.S.C. 552a. The new system,
Responsibility, Safeguarding, and
Compliance Case Management System
(RSC CMS), is a dedicated incident and
case management system which will
contain records that capture reports of
misconduct allegations and issues from
all partner types, including grantees,
contractors, public international
organizations, and sub awardees. This
collection supports USAID’s ability to
monitor and respond to allegations of
any partners engaging in misconduct
and prohibited activities. RSC CMS will
provide a coordinated, streamlined, and
consistent mechanism for the Agency to
receive, track and respond to allegations
of misconduct consistent with the
statutory authorities for the collection.
This system will assist USAID in
documenting, recording and responding
to safeguarding allegations and
managing administrative actions, such
as suspension and debarment
proceedings, related to misconduct
allegations of all types, including fraud,
waste, and abuse. The system will also
assist USAID in tracking and
documenting USAID’s assistance appeal
resolution process that gives
implementing partners the right to
appeal an Agreement Officer’s final
decision.
SUPPLEMENTARY INFORMATION:
AGENCY FOR INTERNATIONAL
DEVELOPMENT
AGENCY:
SUMMARY:
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process. This information will be
collected via email through encrypted
Microsoft Excel spreadsheets.
Estimated Time Burden: The total
amount of time estimated for this data
collection is less than 1,000 hours
(considered at 3 hours per partner for an
estimated 300 contractors).
Sfmt 4703
Dated: November 9, 2023
Mark Joseph Johnson,
Chief Privacy Officer, United States Agency
for International Development.
SYSTEM NAME AND NUMBER:
USAID–38, Responsibility,
Safeguarding, and Compliance Case
Management System (RSC CMS).
SECURITY CLASSIFICATION:
Sensitive But Unclassified.
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SYSTEM LOCATION:
USAID AWS East for ServiceNow
MID Servers (AWS US–EAST–1): 7600
Doane Drive, Manassas VA, 20109); and
ServiceNow’s data centers (primary in
Culpepper, VA and alternate in Miami,
FL) for ServiceNow SaaS/PaaS.
SYSTEM MANAGER(S):
Position: Compliance Division Chief.
Office: Bureau for Management/
Management Policy, Budget, and
Performance/Compliance (M/MPBP/
COMP).
Email: disclosures@usaid.gov.
Address: 500 D Street SW,
Washington DC, 20024.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM
Foreign Assistance Act of 1961, as
amended. Executive Order 12549, 2 CFR
part 180, 2 CFR 200.342 and 700.14, 2
CFR subtitle A, chapter I, parts 175, 180,
182, and 183. 2 CFR subtitle A, chapter
I, parts 175, 180, 182, and 183.
PURPOSE(S) OF THE SYSTEM:
Responsibility, Safeguarding, and
Compliance Case Management System
(RSC CMS) is a comprehensive system
which will be used to, record,
investigate, track, respond to and report
on allegations of misconduct including
sexual exploitation and abuse (SEA),
trafficking in persons (TIP), and child
abuse, exploitation, and neglect (CAEN)
allegations that USAID (‘‘Agency’’)
receives. The RSC CMS is a dedicated
incident and case management module
to support a coordinated, streamlined,
and consistent response to all
misconduct allegations and issues from
all partner types, including grantees,
contractors, public international
organizations, and sub awardees. The
RSC CMS will contain information
needed to track and take administrative
actions, such as suspension and
debarment, in response to misconduct
allegations of all types, including
safeguarding violations and allegations
of fraud, waste, and abuse. It will also
contain information related to USAID’s
assistance appeal resolution process that
gives implementing partners the right to
appeal an Agreement Officer’s final
decision.
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CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM
The System of Records covers
individuals related to current, former
and prospective deal participants
(individuals and businesses),
applicants, USAID employees,
contractors, contractor employees,
executives, managers, and personal and
professional references associated with
the deal applicants and participants;
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USAID’s implementing partners,
portfolio companies, service providers,
participating United States Government
(USG) Agency administrators, and
certain other individuals associated,
affiliated with or involved with USAID.
CATEGORIES OF RECORDS IN THE SYSTEM
This system consists of records
created or compiled during suspension
and debarment and other administrative
actions, USAID Office of Inspector
General referrals, and disclosures of
misconduct including sexual
exploitation and abuse; child
exploitation, abuse and neglect; and
trafficking in persons associated with
partners supporting USAID programs.
These records contain names, position
titles, email addresses, physical
addresses, email address, system
account creation date and time, last
login, IP address, and browser type.
RECORD SOURCE CATEGORIES
USAID implementing partners, the
USAID Office of Inspector General,
media, civil society organizations,
witnesses, survivors, and USAID
workforce.
ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES OF USERS AND
PURPOSES OF SUCH USES
In addition to those disclosures
generally permitted under 5 U.S.C.
552a(b) of the Privacy Act, all or a
portion of the information contained in
this system may be disclosed to
authorized entities, as is determined to
be relevant and necessary, outside
USAID as a routine use pursuant to 5
U.S.C. 552a(b)(3) as follows:
(1) To coordinators of the various
USAID business development and
entrepreneurial events, such as training,
outreach, marketing, and matchmaking
activities.
(2) To an agency or organization,
including the USAID’s Office of
Inspector General, for the purpose of
performing audit or oversight operations
as authorized by law, but only such
information as is necessary and relevant
to such audit or oversight function.
(3) 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
involved.
(4) To a Federal, State, or local agency
maintaining civil, criminal, or other
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relevant enforcement information or
other pertinent information if necessary
to obtain information relevant to an
Agency decision concerning the hiring
or retention of an employee; the
issuance of a security clearance; the
reporting of an investigation of an
employee; the assignment, detail, or
deployment of an employee; the letting
of a contract; or the approval of a grant
or other benefits.
(5) To provide information to a
congressional office from the record of
an individual in response to an inquiry
from that congressional office made at
the request of that individual.
(6) 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 the 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.
(7) To disclose information to officials
of the Merit Systems Protection Board or
the Office of the Special Counsel, when
requested in connection with appeals,
special studies of the civil service and
other merit systems, review of OPM
rules and regulations, investigations of
alleged or possible prohibited personnel
practices, and such other functions, e.g.,
as promulgated in 5 U.S.C. 1205 and
1206, or as may be authorized by law.
(8) 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.
(9) To disclose information to the
Equal Employment Opportunity
Commission when requested in
connection with investigations into
alleged or possible discrimination
practices in the Federal sector,
compliance by Federal agencies with
the Uniform Guidelines on Employee
Selection Procedures or other functions
vested in the Commission and to
otherwise ensure compliance with the
provisions of 5 U.S.C. 7201.
(10) To appropriate agencies, entities,
and persons when (a) USAID suspects
or has confirmed that there has been a
breach of the System of Records, (b)
USAID has determined that as a result
of the suspected or confirmed breach
there is a risk of harm to individuals,
USAID (including its information
systems, programs, and operations), the
Federal Government, or national
security; and (c) the disclosure made to
such agencies, entities, and persons is
reasonably necessary to assist with
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USAID’s efforts to respond to the
suspected or confirmed breach and/or to
prevent, minimize, or remedy such
harm.
(11) To another Federal agency or
Federal entity when USAID determines
information from this System of Records
is reasonably necessary to assist the
recipient agency or entity in: (a)
responding to a suspected or confirmed
breach; or (b) 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.
(12) To another agency or agent of a
Government jurisdiction within or
under the control of the U.S., lawfully
engaged in national security or
homeland defense when disclosure is
undertaken for intelligence,
counterintelligence activities (as defined
by 50 U.S.C. 3003(3)), counterterrorism,
homeland security, or related law
enforcement purposes, as authorized by
U.S. law or Executive Order.
(13) To either House of Congress, or,
to the extent of matter within its
jurisdiction, any committee or
subcommittee thereof, any joint
committee of Congress or subcommittee
of any such joint committee.’’ 5 U.S.C.
552a(b)(9).
(14) 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.
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POLICIES AND PRACTICES FOR STORAGE OF
RECORDS:
All information contained in the
System of Record is stored in electronic
format. The data is encrypted at rest and
in transit using Agency approved FIPScompliant encryption solutions.
POLICIES AND PRACTICES FOR RETRIEVAL OF
RECORDS:
Records are retrieved by case
identification number or by the name of
the individual or organization that is the
subject of a disclosure, referral, or
administrative action. Users must be
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properly authenticated in the system to
retrieve the data.
POLICIES AND PRACTICES FOR RETENTION AND
DISPOSAL OF RECORDS:
Records are maintained and
dispositioned in accordance with
USAID Automated Directive System,
Chapter 502 Records Management
policy and the General Records
Schedule/USAID Combined Records
Disposition Schedules on a retention
schedule of five years which are
consistent with guidance established by
the National Archives and Records
Administration.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL
SAFEGUARDS:
Technical, administrative, and
physical security safeguards are
implemented in accordance with the
requirements of the Privacy Act, the
Federal Information Security
Modernization Act (FISMA), and USAID
Automated Directive System privacy
and security policies and system
specific operating procedures. Detailed
implementation descriptions are
documented in the RSC CMS Privacy
Impact Assessment and System Security
Plan and include but are not limited to
the following security controls to ensure
the confidentiality and integrity of the
data and records that are stored,
processed, and transmitted: user
awareness training, rules of behavior,
and user agreements; logical and
physical access; system and
communications protections;
identification and authentication; media
protection; and audit and accountability
controls. User access and roles are
explicitly approved and assigned
specific permissions to prevent, restrict,
or allow individuals with the
appropriate clearances and need to
know access to the system and/or
information only to the degree necessary
in the performance of their official
associated duties. These controls are
monitored and assessed on a continuous
basis to ensure the safeguards remain
effective throughout the system and data
lifecycles.
RECORD ACCESS PROCEDURES:
Under the Privacy Act, individuals
may request access to records about
themselves. These individuals must be
limited to citizens of the United States
or aliens lawfully admitted for
permanent residence. If a Federal
Department or 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.
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9115
Individuals seeking access to
information about themselves contained
in this System of Records should
address inquiries to the Bureau for
Management, Office of Management
Services, Information and Records
Division (M/MS/IRD), USAID Annex—
Room 2.4.0C, 1300 Pennsylvania
Avenue NW, Washington, DC 20523.
The requester may complete and sign a
USAID Form 507–1, Certification of
Identity Form or submit signed, written
requests that should include the
individual’s full name, current address,
telephone number and this System of
Records Notice number. In addition, the
requester must provide either a
notarized statement or an unsworn
declaration made in accordance with 28
U.S.C. 1746, in the following format:
If executed outside the United States:
‘‘I declare (or certify, verify, or state)
under penalty of perjury under the laws
of the United States of America that the
foregoing is true and correct. Executed
on (date). (Signature).’’
If executed within the United States,
its territories, possessions, or
commonwealths: ‘‘I declare (or certify,
verify, or state) under penalty of perjury
that the foregoing is true and correct.
Executed on (date). (Signature).’’
CONTESTING RECORD PROCEDURES:
The USAID rules for accessing
records, contesting contents, and
appealing initial agency determinations
are contained in 22 CFR part 212 or may
be obtained from the program manager
or system owner.
NOTIFICATION PROCEDURES:
Individuals seeking to determine if
information about themselves is
contained in this System of Records
should address inquiries to the Bureau
for Management, Office of Management
Services, Information and Records
Division (M/MS/IRD), USAID Annex—
Room 2.4.0C, 1300 Pennsylvania
Avenue NW, Washington, DC 20523.
Individuals may complete and sign a
USAID Form 507–1, Certification of
Identity Form or submit signed, written
requests that should include the
individual’s full name, current address,
and telephone number. In addition, the
requester must provide either a
notarized statement or an unsworn
declaration made in accordance with 28
U.S.C. 1746, in the following format:
If executed outside the United States:
‘‘I declare (or certify, verify, or state)
under penalty of perjury under the laws
of the United States of America that the
foregoing is true and correct. Executed
on (date). (Signature).’’
If executed within the United States,
its territories, possessions, or
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commonwealths: ‘‘I declare (or certify,
verify, or state) under penalty of perjury
that the foregoing is true and correct.
Executed on (date). (Signature).
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
To the extent permitted under the
Privacy Act of 1974, 5 U.S.C. 552a(k)(2),
this system has been exempted from the
provisions of the Privacy Act of 1974
that permit access and correction.
However, USAID may, in its discretion,
fully grant individual requests for access
and correction if it determines that the
exercise of these rights will not interfere
with an interest that the exemption is
intended to protect. The exemption
from access is limited in some instances
by law to information that would reveal
the identity of a confidential source.
Pursuant to 5 U.S.C. 552a(k)(2), this
system is exempt from the following
provisions of the Privacy Act of 1974,
subject to the limitations set forth in
that subsection: 5 U.S.C. 552a (c)(3); (d);
(e)(1); (e)(4)(G); (e)(4)(H); and (f)(2)
through (5). Pursuant to 5 U.S.C.
552a(k)(5), this system is exempt from
the following provisions of the Privacy
Act, subject to the limitations set forth
in that subsection: 5 U.S.C. 552a(c)(3)
and (d).
HISTORY:
None.
Celida Ann Malone,
Government Privacy Task Lead.
[FR Doc. 2024–02670 Filed 2–8–24; 8:45 am]
BILLING CODE 6116–01–P
DEPARTMENT OF AGRICULTURE
U.S. Codex Office
Codex Alimentarius Commission:
Meeting of the Codex Committee on
Contaminants in Foods
U.S. Codex Office, USDA.
Notice of public meeting and
request for comments.
AGENCY:
ACTION:
The U.S. Codex Office is
sponsoring a public meeting on March
21, 2024. The objective of the public
meeting is to provide information and
receive public comments on agenda
items and draft U.S. positions to be
discussed at the 17th Session of the
Codex Committee on Contaminants in
Foods (CCCF) of the Codex
Alimentarius Commission (CAC).
CCCF17 will be held in Panama City,
Panama from April 15–19, 2024. The
U.S. Manager for Codex Alimentarius
and the Under Secretary for Trade and
Foreign Agricultural Affairs recognize
the importance of providing interested
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SUMMARY:
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parties the opportunity to obtain
background information on the 17th
Session of the CCCF and to address
items on the agenda.
DATES: The public meeting is scheduled
for March 21, 2024, from 1 to 3 p.m.
EDT.
ADDRESSES: The public meeting will
take place via Video Teleconference
only. Documents related to the 17th
Session of the CCCF will be accessible
via the internet at the following address:
https://www.fao.org/fao-whocodexalimentarius/meetings/detail/it/
?meeting=CCCF&session=17.
Dr. Lauren Posnick Robin, U.S.
Delegate to the 17th Session of the
CCCF, invites interested U.S. parties to
submit their comments electronically to
the following email address: QuynhAnh Nguyen, quynh-anh.nguyen@
fda.hhs.gov. Emailed comments should
state in the title that they relate to
activities of the 17th Session of the
CCCF.
Registration: Attendees may register
to attend the public meeting here:
https://www.zoomgov.com/meeting/
register/vJIsdOmsrjgpGbqn89
rYPIXUAWJawQCq39Y. After
registering, you will receive a
confirmation email containing
information about joining the meeting.
For further information about the 17th
Session of the CCCF, contact U.S.
Delegate, Dr. Lauren Posnick Robin,
Chief, Plant Products Branch, in the
Division of Plant Products and
Beverages, Office of Food Safety, Center
for Food Safety and Applied Nutrition,
U.S. Food and Drug Administration, at
lauren.robin@fda.hhs.gov. For
additional information regarding the
public meeting, contact the U.S. Codex
Office by email at: uscodex@usda.gov or
Quynh-Anh Nguyen, quynhanh.nguyen@fda.hhs.gov.
SUPPLEMENTARY INFORMATION:
Background
The Codex Alimentarius Commission
was established in 1963 by two United
Nations organizations, the Food and
Agriculture Organization (FAO) and the
World Health Organization (WHO).
Through adoption of food standards,
codes of practice, and other guidelines
developed by its committees, and by
promoting their adoption and
implementation by governments, Codex
seeks to protect the health of consumers
and ensure fair practices in the food
trade.
The Terms of Reference of the Codex
Committee on Contaminants in Foods
(CCCF) are:
(a) to establish or endorse permitted
maximum levels or guidelines levels for
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contaminants and naturally occurring
toxicants in food and feed;
(b) to prepare priority lists of
contaminants and naturally occurring
toxicants for risk assessment by the Joint
FAO/WHO Expert Committee on Food
Additives;
(c) to consider methods of analysis
and sampling for the determination of
contaminants and naturally occurring
toxicants in food and feed;
(d) to consider and elaborate
standards or codes of practice for related
subjects; and
(e) to consider other matters assigned
to it by the Commission in relation to
contaminants and naturally occurring
toxicants in food and feed.
The Netherlands hosts the CCCF and
is co-hosting the 17th Session of the
CCCF with Panama. The United States
attends the CCCF as a member country
of Codex.
Issues To Be Discussed at the Public
Meeting
The following items from the
forthcoming Agenda for the 17th
Session of the CCCF will be discussed
during the public meeting:
• Matters referred to the Committee by
the Codex Alimentarius
Commission and/or its subsidiary
bodies
• Matters of interest arising from FAO
and WHO (including the Joint FAO/
WHO Expert Committee on Food
Additives)
• Matters of interest arising from other
international organizations
• Maximum levels for lead in certain
food categories
• Sampling plans for methylmercury in
fish
• Definition for ready-to-eat peanuts for
the establishment of a maximum
level for total aflatoxins in this
product
• Sampling plans for total aflatoxins
and ochratoxin A in certain spices
• Code of practice/guidelines for the
prevention and reduction of
ciguatera poisoning
• Discussion Papers on the following
materials:
Æ Pyrrolizidine alkaloids
Æ Tropane alkaloids
Æ Acrylamide in foods
Æ Cadmium and lead in quinoa
Æ Review of the Code of Practice for
the Prevention and Reduction of
Aflatoxin Contamination in Peanuts
(CXC 55–2004)
• Review of the Code of Practice for the
Reduction of Aflatoxin B1 in Raw
Materials and Supplemental
Feedingstuffs for Milk-Producing
Animals (CXC 45–1997)
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Agencies
[Federal Register Volume 89, Number 28 (Friday, February 9, 2024)]
[Notices]
[Pages 9113-9116]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-02670]
-----------------------------------------------------------------------
AGENCY FOR INTERNATIONAL DEVELOPMENT
Privacy Act of 1974; System of Records
AGENCY: Agency for International for Development (USAID).
ACTION: Notice of new privacy act system of records.
-----------------------------------------------------------------------
SUMMARY: The Agency for International Development (USAID) proposes to
establish a new system of records titled, ``USAID-38: Responsibility,
Safeguarding, and Compliance Case Management System (RSC CMS)'' subject
to the Privacy Act of 1974, as amended. The purpose of publishing this
notice is to meet federal requirements and promote consistent
maintenance of USAID RSC CMS records. The new system is a dedicated
incident and case management system which will contain records that
capture reports of misconduct allegations and issues related to USAID
programming and supports USAID's ability to monitor and respond to
misconduct.
DATES: Submit comments on or before March 11, 2024. This new system of
records will be effective upon publication. The Routine Uses are
effective at the close of the comment period.
ADDRESSES: You may submit comments:
Electronic
Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions on the website for submitting comments.
Email: [email protected].
Paper
Fax: 202-916-4946.
Mail: Chief Privacy Officer, United States Agency for
International Development, 1300 Pennsylvania Avenue NW, Washington, DC
20523.
FOR FURTHER INFORMATION CONTACT: Ms. Celida A. Malone, USAID Privacy
Program at United States Agency for International Development, Bureau
for Management, Office of the Chief Information Officer, Information
Assurance Division: ATTN: USAID Privacy Program, 1300 Pennsylvania
Avenue, NW, Washington, DC 20523, or by phone number at 202-916-4605.
SUPPLEMENTARY INFORMATION: USAID proposes to establish a new System of
Records subject to the Privacy Act of 1974, 5 U.S.C. 552a. The new
system, Responsibility, Safeguarding, and Compliance Case Management
System (RSC CMS), is a dedicated incident and case management system
which will contain records that capture reports of misconduct
allegations and issues from all partner types, including grantees,
contractors, public international organizations, and sub awardees. This
collection supports USAID's ability to monitor and respond to
allegations of any partners engaging in misconduct and prohibited
activities. RSC CMS will provide a coordinated, streamlined, and
consistent mechanism for the Agency to receive, track and respond to
allegations of misconduct consistent with the statutory authorities for
the collection. This system will assist USAID in documenting, recording
and responding to safeguarding allegations and managing administrative
actions, such as suspension and debarment proceedings, related to
misconduct allegations of all types, including fraud, waste, and abuse.
The system will also assist USAID in tracking and documenting USAID's
assistance appeal resolution process that gives implementing partners
the right to appeal an Agreement Officer's final decision.
Dated: November 9, 2023
Mark Joseph Johnson,
Chief Privacy Officer, United States Agency for International
Development.
SYSTEM NAME AND NUMBER:
USAID-38, Responsibility, Safeguarding, and Compliance Case
Management System (RSC CMS).
SECURITY CLASSIFICATION:
Sensitive But Unclassified.
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SYSTEM LOCATION:
USAID AWS East for ServiceNow MID Servers (AWS US-EAST-1): 7600
Doane Drive, Manassas VA, 20109); and ServiceNow's data centers
(primary in Culpepper, VA and alternate in Miami, FL) for ServiceNow
SaaS/PaaS.
SYSTEM MANAGER(S):
Position: Compliance Division Chief.
Office: Bureau for Management/Management Policy, Budget, and
Performance/Compliance (M/MPBP/COMP).
Email: [email protected].
Address: 500 D Street SW, Washington DC, 20024.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM
Foreign Assistance Act of 1961, as amended. Executive Order 12549,
2 CFR part 180, 2 CFR 200.342 and 700.14, 2 CFR subtitle A, chapter I,
parts 175, 180, 182, and 183. 2 CFR subtitle A, chapter I, parts 175,
180, 182, and 183.
PURPOSE(S) OF THE SYSTEM:
Responsibility, Safeguarding, and Compliance Case Management System
(RSC CMS) is a comprehensive system which will be used to, record,
investigate, track, respond to and report on allegations of misconduct
including sexual exploitation and abuse (SEA), trafficking in persons
(TIP), and child abuse, exploitation, and neglect (CAEN) allegations
that USAID (``Agency'') receives. The RSC CMS is a dedicated incident
and case management module to support a coordinated, streamlined, and
consistent response to all misconduct allegations and issues from all
partner types, including grantees, contractors, public international
organizations, and sub awardees. The RSC CMS will contain information
needed to track and take administrative actions, such as suspension and
debarment, in response to misconduct allegations of all types,
including safeguarding violations and allegations of fraud, waste, and
abuse. It will also contain information related to USAID's assistance
appeal resolution process that gives implementing partners the right to
appeal an Agreement Officer's final decision.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM
The System of Records covers individuals related to current, former
and prospective deal participants (individuals and businesses),
applicants, USAID employees, contractors, contractor employees,
executives, managers, and personal and professional references
associated with the deal applicants and participants; USAID's
implementing partners, portfolio companies, service providers,
participating United States Government (USG) Agency administrators, and
certain other individuals associated, affiliated with or involved with
USAID.
CATEGORIES OF RECORDS IN THE SYSTEM
This system consists of records created or compiled during
suspension and debarment and other administrative actions, USAID Office
of Inspector General referrals, and disclosures of misconduct including
sexual exploitation and abuse; child exploitation, abuse and neglect;
and trafficking in persons associated with partners supporting USAID
programs. These records contain names, position titles, email
addresses, physical addresses, email address, system account creation
date and time, last login, IP address, and browser type.
RECORD SOURCE CATEGORIES
USAID implementing partners, the USAID Office of Inspector General,
media, civil society organizations, witnesses, survivors, and USAID
workforce.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND PURPOSES OF SUCH USES
In addition to those disclosures generally permitted under 5 U.S.C.
552a(b) of the Privacy Act, all or a portion of the information
contained in this system may be disclosed to authorized entities, as is
determined to be relevant and necessary, outside USAID as a routine use
pursuant to 5 U.S.C. 552a(b)(3) as follows:
(1) To coordinators of the various USAID business development and
entrepreneurial events, such as training, outreach, marketing, and
matchmaking activities.
(2) To an agency or organization, including the USAID's Office of
Inspector General, for the purpose of performing audit or oversight
operations as authorized by law, but only such information as is
necessary and relevant to such audit or oversight function.
(3) 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 involved.
(4) To a Federal, State, or local agency maintaining civil,
criminal, or other relevant enforcement information or other pertinent
information if necessary to obtain information relevant to an Agency
decision concerning the hiring or retention of an employee; the
issuance of a security clearance; the reporting of an investigation of
an employee; the assignment, detail, or deployment of an employee; the
letting of a contract; or the approval of a grant or other benefits.
(5) To provide information to a congressional office from the
record of an individual in response to an inquiry from that
congressional office made at the request of that individual.
(6) 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 the 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.
(7) To disclose information to officials of the Merit Systems
Protection Board or the Office of the Special Counsel, when requested
in connection with appeals, special studies of the civil service and
other merit systems, review of OPM rules and regulations,
investigations of alleged or possible prohibited personnel practices,
and such other functions, e.g., as promulgated in 5 U.S.C. 1205 and
1206, or as may be authorized by law.
(8) 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.
(9) To disclose information to the Equal Employment Opportunity
Commission when requested in connection with investigations into
alleged or possible discrimination practices in the Federal sector,
compliance by Federal agencies with the Uniform Guidelines on Employee
Selection Procedures or other functions vested in the Commission and to
otherwise ensure compliance with the provisions of 5 U.S.C. 7201.
(10) To appropriate agencies, entities, and persons when (a) USAID
suspects or has confirmed that there has been a breach of the System of
Records, (b) USAID has determined that as a result of the suspected or
confirmed breach there is a risk of harm to individuals, USAID
(including its information systems, programs, and operations), the
Federal Government, or national security; and (c) the disclosure made
to such agencies, entities, and persons is reasonably necessary to
assist with
[[Page 9115]]
USAID's efforts to respond to the suspected or confirmed breach and/or
to prevent, minimize, or remedy such harm.
(11) To another Federal agency or Federal entity when USAID
determines information from this System of Records is reasonably
necessary to assist the recipient agency or entity in: (a) responding
to a suspected or confirmed breach; or (b) 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.
(12) To another agency or agent of a Government jurisdiction within
or under the control of the U.S., lawfully engaged in national security
or homeland defense when disclosure is undertaken for intelligence,
counterintelligence activities (as defined by 50 U.S.C. 3003(3)),
counterterrorism, homeland security, or related law enforcement
purposes, as authorized by U.S. law or Executive Order.
(13) To either House of Congress, or, to the extent of matter
within its jurisdiction, any committee or subcommittee thereof, any
joint committee of Congress or subcommittee of any such joint
committee.'' 5 U.S.C. 552a(b)(9).
(14) 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.
POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
All information contained in the System of Record is stored in
electronic format. The data is encrypted at rest and in transit using
Agency approved FIPS-compliant encryption solutions.
POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
Records are retrieved by case identification number or by the name
of the individual or organization that is the subject of a disclosure,
referral, or administrative action. Users must be properly
authenticated in the system to retrieve the data.
POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
Records are maintained and dispositioned in accordance with USAID
Automated Directive System, Chapter 502 Records Management policy and
the General Records Schedule/USAID Combined Records Disposition
Schedules on a retention schedule of five years which are consistent
with guidance established by the National Archives and Records
Administration.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
Technical, administrative, and physical security safeguards are
implemented in accordance with the requirements of the Privacy Act, the
Federal Information Security Modernization Act (FISMA), and USAID
Automated Directive System privacy and security policies and system
specific operating procedures. Detailed implementation descriptions are
documented in the RSC CMS Privacy Impact Assessment and System Security
Plan and include but are not limited to the following security controls
to ensure the confidentiality and integrity of the data and records
that are stored, processed, and transmitted: user awareness training,
rules of behavior, and user agreements; logical and physical access;
system and communications protections; identification and
authentication; media protection; and audit and accountability
controls. User access and roles are explicitly approved and assigned
specific permissions to prevent, restrict, or allow individuals with
the appropriate clearances and need to know access to the system and/or
information only to the degree necessary in the performance of their
official associated duties. These controls are monitored and assessed
on a continuous basis to ensure the safeguards remain effective
throughout the system and data lifecycles.
RECORD ACCESS PROCEDURES:
Under the Privacy Act, individuals may request access to records
about themselves. These individuals must be limited to citizens of the
United States or aliens lawfully admitted for permanent residence. If a
Federal Department or 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.
Individuals seeking access to information about themselves
contained in this System of Records should address inquiries to the
Bureau for Management, Office of Management Services, Information and
Records Division (M/MS/IRD), USAID Annex--Room 2.4.0C, 1300
Pennsylvania Avenue NW, Washington, DC 20523. The requester may
complete and sign a USAID Form 507-1, Certification of Identity Form or
submit signed, written requests that should include the individual's
full name, current address, telephone number and this System of Records
Notice number. In addition, the requester must provide either a
notarized statement or an unsworn declaration made in accordance with
28 U.S.C. 1746, in the following format:
If executed outside the United States: ``I declare (or certify,
verify, or state) under penalty of perjury under the laws of the United
States of America that the foregoing is true and correct. Executed on
(date). (Signature).''
If executed within the United States, its territories, possessions,
or commonwealths: ``I declare (or certify, verify, or state) under
penalty of perjury that the foregoing is true and correct. Executed on
(date). (Signature).''
CONTESTING RECORD PROCEDURES:
The USAID rules for accessing records, contesting contents, and
appealing initial agency determinations are contained in 22 CFR part
212 or may be obtained from the program manager or system owner.
NOTIFICATION PROCEDURES:
Individuals seeking to determine if information about themselves is
contained in this System of Records should address inquiries to the
Bureau for Management, Office of Management Services, Information and
Records Division (M/MS/IRD), USAID Annex--Room 2.4.0C, 1300
Pennsylvania Avenue NW, Washington, DC 20523. Individuals may complete
and sign a USAID Form 507-1, Certification of Identity Form or submit
signed, written requests that should include the individual's full
name, current address, and telephone number. In addition, the requester
must provide either a notarized statement or an unsworn declaration
made in accordance with 28 U.S.C. 1746, in the following format:
If executed outside the United States: ``I declare (or certify,
verify, or state) under penalty of perjury under the laws of the United
States of America that the foregoing is true and correct. Executed on
(date). (Signature).''
If executed within the United States, its territories, possessions,
or
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commonwealths: ``I declare (or certify, verify, or state) under penalty
of perjury that the foregoing is true and correct. Executed on (date).
(Signature).
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
To the extent permitted under the Privacy Act of 1974, 5 U.S.C.
552a(k)(2), this system has been exempted from the provisions of the
Privacy Act of 1974 that permit access and correction. However, USAID
may, in its discretion, fully grant individual requests for access and
correction if it determines that the exercise of these rights will not
interfere with an interest that the exemption is intended to protect.
The exemption from access is limited in some instances by law to
information that would reveal the identity of a confidential source.
Pursuant to 5 U.S.C. 552a(k)(2), this system is exempt from the
following provisions of the Privacy Act of 1974, subject to the
limitations set forth in that subsection: 5 U.S.C. 552a (c)(3); (d);
(e)(1); (e)(4)(G); (e)(4)(H); and (f)(2) through (5). Pursuant to 5
U.S.C. 552a(k)(5), this system is exempt from the following provisions
of the Privacy Act, subject to the limitations set forth in that
subsection: 5 U.S.C. 552a(c)(3) and (d).
HISTORY:
None.
Celida Ann Malone,
Government Privacy Task Lead.
[FR Doc. 2024-02670 Filed 2-8-24; 8:45 am]
BILLING CODE 6116-01-P