[Federal Register Volume 87, Number 91 (Wednesday, May 11, 2022)]
[Notices]
[Pages 28788-28791]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-10091]


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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.

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SUMMARY: The United States Agency for International Development (USAID) 
proposes to modify a system of records titled, USAID-34, Personal 
Services Contracts Records, last published March, 3, 2015. USAID is 
expanding the scope of this system of records with additional 
applications to better support the unique mission of the Agency. USAID 
proposes to modify the system location, contact information, purpose, 
categories of records, record source categories, routine uses, storage, 
retention, retrieval safeguards and access procedures. Publication of 
this notice complies with the Privacy Act and the Office of Management 
and Budget (OMB) Circulars A-108 and A-130 requirement for agencies to 
publish a notice in the Federal Register whenever the agency modifies a 
system of records.

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-34: Personal Services Contracts 
Records will be used by USAID personnel to determine if applicants are 
eligible and current personal services contractors (PSCs) are compliant 
with statutory, regulatory and agency requirements for continued 
employment, participation in USAID programs and access to USAID 
facilities. Multiple USAID IT systems/applications are used to 
document, certify and report the individual's eligibility and 
compliance. The following modifications are made to this system of 
records: (1) Category of records has been modified to include 
vaccination records, records checks and (2) routine uses have been 
added to facilitate interagency sharing.

SYSTEM NAME AND NUMBER:
    USAID-34, Personal Services Contracts Records.

SECURITY CLASSIFICATION:
    Sensitive But Unclassified.

SYSTEM LOCATION:
    United States Agency for International Development (USAID), 1300 
Pennsylvania Avenue NW, Washington, DC 20523; AWS East Ashburn, 21155 
Smith Switch Road, Ashburn, VA, USA; AWS West Oregon, 73575 Lewis & 
Clark Drive, Boarman, Oregon 97818; and other USAID offices in the 
United States and abroad that have personal services contractor hiring 
authority and their corresponding automated data processing facilities.

SYSTEM MANAGER(S):
    Francisco Escobar, 1300 Pennsylvania Ave. NW, USAID Annex: 10.6.IH, 
Washington, DC 20523. [email protected].

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    The system was established and is maintained pursuant to the 
Foreign Assistance Act, Public Law 87-165, as amended; 48 CFR 37. 104, 
Personal services contracts; 48 CFR Ch. 7, App. D, Direct USAID 
Contracts with a U.S. Citizen or a U.S. Resident Alien for Personal 
Services Abroad; Executive Order 14043, Requiring Coronavirus Disease 
2019 Vaccination for Federal Employees (Sept. 9, 2021); 5 U.S.C. 30, 
Departmental Regulations; 44 U.S.C. 3101, Records Management by Agency 
Heads; and E.O. 9397, as amended.

PURPOSE(S) OF THE SYSTEM:
    The records are collected, used, maintained, and disseminated for 
the purposes of administering personal services contracts, including: 
Personal services contracts records, pay, and benefits determinations 
and processing; determining accountability and liability of contract 
parties; reports of contractor actions; documenting clearances and 
eligibility to access USAID facilities; ensuring personal and workplace 
safety; and other records as may be required by federal laws, 
regulation, or guidance required in connection with the personal 
services contractor during the contract cycle.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    The system contains records on individuals who are current and/or 
former personal services contractors with USAID and certain family 
members. It also contains records on current and former candidates for 
a personal services contract with USAID.

CATEGORIES OF RECORDS IN THE SYSTEM:
    This system consists of records created or compiled for contract 
actions related to personal services contractors, including personal 
services contractor files and contract documents. A personal services 
contractor file includes:
     Proof of Citizenship, including passport, social security 
number or other national identification number, and Selective Service 
Registration data.
     Individual's Contact Information, including: Name, 
employee identification numbers, job titles, home/work addresses, home/
work telephone numbers, email addresses, ages, and addresses of family 
members, next of kin, power of attorney or alternate contact persons.
     Individual's Biographical Information, including: Date of 
birth, place of birth, education, military service, financial 
information, photograph of individual, language proficiencies, licenses 
and certifications.

[[Page 28789]]

     Demographic Information: Such as race, gender, sexual 
orientation, marital status.
     Employment information, such as employment history and 
address, past supervisor names and phone numbers, salary history, 
travel availability, training received, assignments, position number, 
performance evaluations, release forms and out-processing checklists.
     Financial Information, including: Financial institution 
account number, direct deposit information, and salary computation 
worksheet.
     System Access/Usage information: IP addresses, passwords, 
usernames, geotags or geographical metadata.
     Medical Information, such as vaccination records, test 
results, medical clearances, and insurance information.
     Treatment Records, such as referrals to testing sites, 
treatment facilities and/or organizations that conduct clinical trials/
studies.
     Contracting Documentation, including Unique Entity 
Identifier (UEI), application, Statement of Work, Qualifications 
Approval Memoranda, Salary Compensation worksheet, performance 
evaluations, out-processing/close out form, leave balances, Final Offer 
Letter, and correspondence.
    Note 1: Listed below are other types of records that contain 
information about Personal Services Contractors, which are not covered 
by this system of records. Such records are covered by a government-
wide system of records, GSA/GOVT-9/SAM, which is managed by the General 
Services Administration. Records covered by the government-wide SORNs 
include:
     The information voluntarily provided as part of the 
process to register to do business with the Federal government.
     Exclusion records to suspend, debar, or otherwise declare 
individuals ineligible from receiving certain Federal assistance and/or 
benefits.

RECORD SOURCE CATEGORIES:
    Information contained in this system is obtained from:
     The individual to whom the information pertains;
     The individual's former employers;
     Supervisors, contracting officers and contracting 
officers' representatives in USAID bureaus and missions, Office of 
Human Resources employees and other Agency officials;
     Those authorized by the individual to furnish information 
to USAID; and
     Related correspondence from other Federal agencies, 
organizations, or persons.

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 the Internal Revenue Service and the Social Security 
Administration for the purposes of reporting earnings information.
    (2) To a Federal Government agency or entity that furnished the 
record or information for the purposes of permitting that agency or 
entity to make a decision as to access to or correction of the record 
or information.
    (3) 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.
    (4) To a prospective employer of a current or former USAID personal 
services contractor for the purposes of providing the following 
information to prospective employers: Job descriptions, dates of 
contract, and reason for termination of contract.
    (5) To appropriate agencies, entities, and persons for the purposes 
of confirming the qualifications of an applicant for the award of a 
personal services contract.
    (6) To the General Services Administration and the Office of 
Management and Budget for the purposes of periodic reporting required 
by statute regulations, and/or Executive order. Information provided is 
in the form of listings, reports, and records of all transportation and 
travel related transactions, including refunds and adjustments, by the 
contractor, to enable audits of transportation and travel related 
charges to the Government.
    (7) 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.
    (8) 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.
    (9) 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.
    (10) 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.
    (11) 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.
    (12) To Shipping Contractors limited information is provided, such 
as delivery address and telephone number, for the purposes of providing 
shipping services.

[[Page 28790]]

    (13) 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 a contractor; the assignment, 
detail or deployment of a contractor; 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.
    (14) To the National Archives and Records Administration for the 
purposes of records management inspections conducted under the 
authority of 44 U.S.C. 2904 and 2906.
    (15) To 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.
    (16) 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.
    (17) To the Office of Management and Budget in connection with 
review of private relief legislation, as set forth in OMB Circular No. 
A-19, at any stage of the legislative coordination and clearance 
process as set forth in that Circular.
    (18) To an agency or organization 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.
    (19) 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.
    (20) 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.

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.

POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
    Records in this system are retrieved by various combinations of 
name, identifying number, account number, contract number, phone 
number, email address, or other unique identifier.

POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
    Records are retained and disposed of in accordance with the Federal 
Acquisition Regulations and/or the National Archives Records 
Administration's General Records Disposition Schedules, and the 
agency's approved disposition schedules.

ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
    USAID safeguards records in this system according to applicable 
rules and policies, including all applicable USAID Automated Directives 
System (ADS) operational policies. USAID has implemented controls to 
minimize the risk of compromising the information that is being stored. 
In general, records are maintained in buildings with restricted access. 
The required use of password protection identification features and 
other system protection methods also restrict access. Paper records and 
Sensitive But Unclassified records are kept in an approved security 
container at the USAID Washington headquarters, and at the relevant 
locations where USAID has a program. The electronic records are stored 
in the Agency Secure Image and Storage Tracking (ASIST) or other 
document management systems, which are safeguarded in accordance with 
applicable laws, rules, and policies, including USAID's automated 
systems security and access policies. 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.

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, 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

[[Page 28791]]

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 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:
    Pursuant to 5 U.S.C. 552a(k)(5) and as specified in 22 CFR 
215.14(a)(5) and (c)(5), certain records in this system of records are 
exempt from the following provisions of the Privacy Act: 5 U.S.C. 
552a(c)(3); (d); (e)(1); (e)(4)(G); (H); (I); and (f).

HISTORY:
    80 FR 11391, March 3, 2015.

Celida Ann Malone,
Government Privacy Task Lead.
[FR Doc. 2022-10091 Filed 5-10-22; 8:45 am]
BILLING CODE 6116-01-P