[Federal Register Volume 87, Number 91 (Wednesday, May 11, 2022)]
[Notices]
[Pages 28794-28797]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-10089]


-----------------------------------------------------------------------

AGENCY FOR INTERNATIONAL DEVELOPMENT


Privacy Act of 1974; System of Records

AGENCY: Agency for International Development (USAID).

ACTION: Notice of modified Privacy Act system of records.

-----------------------------------------------------------------------

SUMMARY: The Agency for International Development (USAID) is issuing 
public notice of its intent to modify its system of records entitled 
USAID--008-Personnel Security and Suitability Investigations Records, 
last published in the Federal Register on May 1, 2013, in accordance 
with the Privacy Act of 1974, as amended. USAID is updating this system 
of records to provide clarification on the routine uses; and update the 
addresses for the location of the system.

DATES: Submit comments on or before 10 June 2022. This modified system 
of records will be effective 10 June 2022 upon publication. The Routine 
Uses are effective at the close of the comment period.

ADDRESSES: You may submit comments:

Electronic

     Federal eRulemaking Portal: http://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 is proposing to modify its Personnel 
Security and Suitability Investigations Records SORN to update the 
system locations and enhance the descriptions of routine uses for 
records maintained in this system to provide further transparency into 
USAID's recordkeeping and information sharing practices. The Personal 
Security and Suitability Investigations Records are maintained by the 
USAID Office of Security (SEC). SEC has been charged with providing 
security services to protect USAID personnel and facilities, safeguard 
national security information, and promote and preserve personal 
integrity. SEC receives investigative authority from the Director of 
National Intelligence and the Office of Personnel Management to conduct 
personnel security investigations for USAID and all other Federal 
Agencies/Departments permitted under the delegation.

SYSTEM NAME AND NUMBER
    Personnel Security and Suitability Investigations Records, USAID-
008.

SECURITY CLASSIFICATION:
    Classified--Secret.

SYSTEM LOCATION:
    Records covered by this system are maintained at the following 
locations: (Paper) USAID Office of Security, 1300 Pennsylvania Avenue, 
Washington, DC 20523; (Electronic copies) AWS East Ashburn, 21155 Smith 
Switch Road, Ashburn, VA, USA and AWS West Oregon, 73575 Lewis & Clark 
Drive Boarman, Oregon, 97818.

SYSTEM MANAGER:
    Director of the Office of Security, United States Agency for 
International Development: Office of Security, RRB, Suite 2.06-A, 1300 
Pennsylvania Ave. NW, Washington, DC 20523.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    The Foreign Assistance Act of 1961 (FAA), as amended; Executive 
Order 10450: Security requirements for Government Employment; Homeland 
Security Presidential Directive 12 (HSPD-12): Policy for a Common 
Identification Standard for Federal Employees and Contractors; 
Executive Order 12968: Access to Classified Information; Executive 
Order 12333: United States Intelligence Activities; Executive Order 
13381: Strengthening Processes Relating to Determining Eligibility for 
Access to Classified National Security Information; Executive Order 
13467: Reforming Processes Related to Suitability for Government 
Employment, Fitness for Contractor Employees, and Eligibility for 
Access to Classified National Security Information; Executive Order 
13488: Granting Reciprocity on Excepted Service and Federal Contractor 
Employee Fitness and Reinvestigating Individuals in Positions of Public 
Trust; and the Intelligence Reform and Terrorism Prevention Act of 2004 
(Pub. L. 108-458), and E.O. 9397 (SSN), as amended; E.O. 14042: 
Ensuring Adequate Safety Protocols for Federal Contractors; E.O. 14043: 
Requiring Coronavirus Disease 2019 Vaccination for Federal Employees; 5 
U.S.C. 301, Departmental Regulations authorizes the operations of an 
executive agency, including the creation, custodianship, maintenance 
and distribution of records; and 44 U.S.C. 3101, Records management by 
agency heads.

PURPOSE OF THE SYSTEM:
    The Office of Security gathers information in order to create 
investigative records, which are used for processing personal security 
background investigations to determine eligibility to be awarded a 
federal security clearance, suitability or fitness determination for 
federal employment, access to federally owned/controlled facilities and 
access to federally owned/controlled information systems.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Categories of individuals maintained in this system are: Current 
and former USAID employees; contractor personnel (Personal Service 
Contractors and Institutional Contractors); applicants for employment; 
persons and entities performing business with USAID to include 
consultants, volunteers, grantees and recipients; individuals employed 
from other Federal Agencies through a detail, Participating Agency 
Service Agreement, Resources Support Services Agreement, or the 
Interagency Personnel Act; individuals working at USAID through 
government agreements (second agreement); paid and unpaid interns; and 
visitors requiring access to USAID facilities; and the U.S. Citizen 
and/or non-U.S. Citizen spouse, intended spouse, family members, and/or 
cohabitants of the above listed individuals and other individuals who 
provide personal references for USAID employees and contractors.

CATEGORIES OF RECORDS IN THE SYSTEM:
    Categories of records maintained in this system include:
     Individual's Contact Information, including: Name, 
Employee Identification Numbers, Job Title/Series, Grade, Home/Work 
Address, Home/Work Telephone Number, Names and Addresses of family 
members.
     Individual's Biographical Information, including: Date of 
Birth, Place of Birth, Citizenship status,

[[Page 28795]]

Educational institutions attended, Military service, Financial 
information, including credit reports.
     Individual's Social Security Number (or other identifying 
number).
     Demographic Information: Race, Gender, Sexual Orientation, 
Marital Status.
     Employment information, such as employment history, 
records related to work performance or conduct issues, such as records 
of referrals, leave usage, supervisory/organizational interventions.
     Facility Access Information: Authorizations/restrictions, 
fingerprints, photographs, previous clearances levels granted; 
resulting clearance levels; documentation of release of security files; 
request for special access; records of infractions; and records of 
facility accesses and credentials issued.
     Individual's Character Information, such as Conduct and 
behavior in the community where they presently live and/or previously 
lived; Arrests and/or Convictions, Reports from Interviews and other 
inquiries.
     Electronic communication cables, such as email and instant 
messages, as well as,
     Medical records, such as vaccination records, test 
results, medical clearances, and insurance information.
    Note 1: Listed below are other types of records that contain 
information about employee health and fitness, which are not covered by 
this system of records. Such records are covered by a government-wide 
system of records OPM/GOVT-10, which is managed by the Office of 
Personnel Management. Records covered by OPM/GOVT-10 include:
     Medical records, forms, and reports completed or obtained 
when an individual applies for a Federal job and is subsequently 
employed;
     Medical records, forms and reports completed during 
employment as a condition of employment, either by the USAID or by 
another State or local government entity, or a privacy sector entity 
under contract to USAID.
     Records pertaining to and resulting from drug screening 
for use of illegal drugs under Executive Order 12564.

RECORD SOURCE CATEGORIES:
    Information in this system is obtained from the individual on whom 
it applies; independent sources such as other government agencies, 
state/local government; law enforcement agencies; credit bureaus; 
medical providers; educational institutions; private organizations; 
information provided by personal references; and through source 
interviews.

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), all or a portion of the records contained in this system of 
records may be disclosed outside USAID as a routine use pursuant to 5 
U.S.C. 552a(b)(3) as follows:
    (1) To consumer reporting agencies in order to obtain consumer 
credit reports.
    (2) To federal, international, state, and local law enforcement 
agencies, U.S. Government Agencies, courts, the Department of State, 
Foreign Governments, to the extent necessary to further the purposes of 
an investigation.
    (3) Results of the investigation may be disclosed to the Department 
of State or other Federal Agencies for the purposes of granting 
physical and/or logical access to federally owned or controlled 
facilities and/or information systems in accordance with the 
requirements set forth in HSPD-12.
    (4) To a court, magistrate, or other administrative body in the 
course of presenting evidence, including disclosures to counsel or 
witnesses in the course of civil discovery, litigation, or settlement 
negotiations or in connection with criminal proceedings, when USAID is 
a party to the proceeding or has a significant interest in the 
proceeding, to the extent that the information is determined to be 
relevant and necessary.
    (5) To the Department of Justice or other appropriate United States 
Government Agency when the records are arguably relevant to a 
proceeding in a court or other tribunal in which USAID or a USAID 
official in his or her official capacity is a party or has an interest, 
or when the litigation is likely to affect USAID.
    (6) In the event of an indication of a violation or potential 
violation of law, whether civil, criminal or regulatory in nature, and 
whether arising by statute or particular program pursuant thereto, to 
the appropriate agency, whether federal, state, local or foreign, 
charged with the responsibility of investigating or prosecuting such 
violation or charged with enforcing or implementing the statute, or 
rule, regulation, or order issued pursuant thereto.
    (7) To the Department of State and its posts abroad for the purpose 
of transmission of information between organizational units of USAID, 
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, ensuring fiscal 
accountability in transporting the effects personnel stationed at 
embassies, evacuation of employees and dependents, and other purposes 
for which officers and employees of the Department of State have a need 
for the records in the performance of their duties.
    (8) To a foreign government or international agency in response to 
its request for information to facilitate the conduct of U.S. relations 
with that government or agency through the issuance of such documents 
as visas, country clearances, identification cards, drivers' licenses, 
diplomatic lists, licenses to import or export personal effects, and 
other official documents and permits routinely required in connection 
with the official service or travel abroad of the individual and his or 
her dependents.
    (9) To Federal agencies with which USAID has entered into an 
agreement to provide services to assist USAID in carrying out its 
functions under the Foreign Assistance Act of 1961, as amended. Such 
disclosures would be for the purpose of transmission of information 
between organizational units of USAID; of providing to the original 
employing agency information concerning the services of its employee 
while under the supervision of USAID, including performance 
evaluations, reports of conduct, awards and commendations, and 
information normally obtained in the course of personnel administration 
and employee supervision; or of providing other information directly 
related to the purposes of the inter-agency agreement as set forth 
therein, and necessary and relevant to its implementation.
    (10) To appropriate officials and employees of a federal agency or 
entity when the information is relevant to a decision concerning the 
hiring, appointment, or retention of an employee; the assignment, 
detail or deployment of an employee; the issuance, renewal, suspension, 
or revocation of a security clearance; the execution of a security or 
suitability investigation; the letting of a contract; or the issuance 
of a grant or benefit.
    (11) To 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.
    (12) To the Office of Management and Budget (OMB), in connection 
with review of private relief legislation, as set forth in OMB Circular 
A-19, at any

[[Page 28796]]

stage of the legislative coordination and clearance process, as set 
forth in that Circular.
    (13) To a former employee of USAID for purposes of responding to an 
official inquiry by a federal, state, or local government entity or 
professional licensing authority, in accordance with applicable agency 
regulations; or facilitating communications with a former employee that 
may be necessary for personnel-related or other official purposes where 
the agency requires information and/or consultation assistance from the 
former employee regarding a matter within that person's former area of 
responsibility.
    (14) To appropriate agencies, entities, and persons when (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 in connection with USAID's efforts to respond to the suspected 
or confirmed breach or to prevent, minimize, or remedy such harm.
    (15) To another Federal Department or Agency or Federal entity, 
when USAID determines information from this system of records is 
reasonably necessary to assist the recipient Department or 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, 
that might result from a suspected or confirmed breach.
    (16) To a congressional office from the record of an individual in 
response to an inquiry from the Congressional office made at the 
request of that individual.
    (17) To the Federal Bureau of Investigation, the Department of 
Homeland Security, the National Counter-Terrorism Center (NCTC), the 
Terrorist Screening Center (TSC), or other appropriate federal 
agencies, for the integration and use of such information to protect 
against terrorism, if that record is about one or more individuals 
known, or suspected, to be or to have been involved in activities 
constituting, in preparation for, in aid of, or related to terrorism. 
Such information may be further disseminated by recipient agencies to 
Federal, State, local, territorial, tribal, and foreign government 
authorities, and to support private sector processes as contemplated in 
Homeland Security Presidential Directive/HSPD-6 and other relevant laws 
and directives, for terrorist screening, threat-protection and other 
homeland security purposes.
    (18) To the Foreign Service Grievance Board in the course of the 
Board's consideration of matters properly before it.

POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
    USAID stores records in this system in electronic format and paper 
format. Records in paper format are stored in file folders in locked 
cabinets. Records in electronic format are kept in a user-authenticated 
and password-protected computerized database system. Records that 
contain national security information and are classified are stored in 
accordance with applicable executive orders, statutes, and Agency 
implementing regulations.

POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
    Records are retrievable by last name, social security number, and/
or USAID assigned case number or other unique identifier attributed to 
the individual.

POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
    Records are retained and disposed of in accordance with disposition 
schedules approved by USAID and NARA General Records Schedule 5. 6-
Security Records for Electronic Records shall apply.

ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
    Records are kept within the Office of Security secured space. 
Access to this space is controlled by electronic card readers, office 
personnel to control access, visitor escorts policy and supplemented by 
an armed response force. Administrative safeguards of records are 
provided through the use of internal Standard Operating Procedures and 
routine appraisal reviews of the personnel security and suitability 
program by the Director of National Intelligence and the Office of 
Personnel Management.
    USAID has implemented controls to minimize the risk of compromising 
the information that is being stored. Access to the system containing 
the records in this system is limited to those individuals who have a 
need to know the information for performance of their official duties 
and who have appropriate clearances and permissions. USAID ensures that 
the practices stated in the Cross Match and Security Investigations 
Database Privacy Impact Assessments are followed by leveraging standard 
operating procedures (SOP), training, policies, rules of behavior, and 
auditing and accountability.

RECORD ACCESS PROCEDURES:
    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, and 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 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)

[[Page 28797]]

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).''

EXEMPTIONS PROMULGATED FOR THE SYSTEM:
    Under the specific authority provided by subsection (k) (1), (3), 
and (5) of 5 U.S.C. 552a, USAID has promulgated rules specified in 22 
CFR 215.14, that exempts this system from notice, access, and amendment 
requirements of 5 U.S.C. 552a, subsections (c) (3), (d); (e) (1); (e) 
(4); (G); (H); (I); and (f). USAID claims these exemptions to protect 
the materials required by Executive Order to be kept secret in the 
interest of national defense or foreign policy, to prevent subjects of 
investigation from frustrating the investigatory process, to ensure the 
proper functioning and integrity of law-enforcement activities, to 
prevent the disclosure of investigative techniques, to maintain the 
ability to obtain candid and necessary information, to fulfill 
commitments made to sources to protect the confidentiality of 
information, to avoid endangering these sources, and to facilitate the 
proper selection or continuance of the best applicants or persons for a 
given position.

HISTORY:
    USAID modified the Personnel Security and Suitability 
Investigations Records system of records on April 17, 2008 (75 FR 
20905).
    USAID modified the Personnel Security and Suitability 
Investigations Records system of records on May 1, 2013 (78 FR 25414).

Celida Ann Malone.
Government Privacy Task Lead.
[FR Doc. 2022-10089 Filed 5-10-22; 8:45 am]
BILLING CODE 6116-01-P