80 FR 11391 - Privacy Act of 1974; System of Records

AGENCY FOR INTERNATIONAL DEVELOPMENT

Federal Register Volume 80, Issue 41 (March 3, 2015)

Pursuant to the Privacy Act, 5 U.S.C. 552a, the United States Agency for International Development (USAID) is issuing public notice for a new system of records entitled, ``USAID-34 Personal Services Contracts Records''. This action is necessary to meet the requirements of the Privacy Act, 5 U.S.C. 522a(e)(4), to publish in the Federal Register notice of the existence and character of record systems maintained by the agency.

[Federal Register Volume 80, Number 41 (Tuesday, March 3, 2015)]
[Notices]
[Pages 11391-11393]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-04307]


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AGENCY FOR INTERNATIONAL DEVELOPMENT


Privacy Act of 1974; System of Records

AGENCY: United States Agency for International Development.

ACTION: New system of records.

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SUMMARY: Pursuant to the Privacy Act, 5 U.S.C. 552a, the United States 
Agency for International Development (USAID) is issuing public notice 
for a new system of records entitled, ``USAID-34 Personal Services 
Contracts Records''. This action is necessary to meet the requirements 
of the Privacy Act, 5 U.S.C. 522a(e)(4), to publish in the Federal 
Register notice of the existence and character of record systems 
maintained by the agency.

DATES: In accordance with 5 U.S.C. 522a(e)(4) and (11), the public is 
given a 30-day period in which to comment. Therefore, any comments must 
be received on or before April 2, 2015. Unless comments are received 
that would require a revision, this new system of records will become 
effective on April 2, 2015.

ADDRESSES: You may submit comments:

Electronic

     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions on the Web site for submitting comments.
     Email: [email protected].

Paper

     Fax: (703) 666-5670.
     Mail: Chief Privacy Officer, United States Agency for 
International Development, 1300 Pennsylvania Avenue NW., Washington, DC 
20523.

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

SUPPLEMENTARY INFORMATION: USAID has recently conducted a review of 
systems of records notices and has determined that a new system of 
records ``USAID-34 Personal Services Contracts Records'' is needed to 
document records created during the development, operation, and 
conclusion of personal services contracts by USAID. A personal services 
contract creates an employer-employee relationship between USAID and 
the contractor, requires continuous monitoring of the contractor by 
USAID, and must be specifically authorized by a statute applicable to 
USAID. The new USAID-34 Personal Services Contracts Records will read 
as set forth below.

    Dated: February 5, 2015.
William Morgan,
Chief Privacy Officer, United States Agency for International 
Development.
USAID-34

SYSTEM NAME:
    Personal Services Contracts Records.

SYSTEM LOCATION:
    United States Agency for International Development (USAID), 1300 
Pennsylvania Avenue NW., Washington, DC 20523; Terremark, 50 NE 9th 
Street, Miami, FL 33132; U.S. Department of State COOP Beltsville 
(BIMC), 8101 Odell Road, Floor/Room--173, Beltsville, MD 20705; U.S. 
Department of State, Global Financial Service Center (GFSC--DoS), 1969 
Dyess Ave., Building A, Computer Room 2A228, Charleston, SC 29405; and 
other USAID offices in the United States and throughout the world that 
have personal services contractor hiring authority.

CATEGORIES OF INDIVIDUALS IN THE SYSTEM:
    The system encompasses all individuals who are personal services 
contractors 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 name, Social Security Number, address, 
citizenship, resume, education, professional experience, other 
qualifications, Selective Service registration data, language 
proficiencies, licenses and certifications, clearance level, salary, 
direct-deposit financial information, contract number, position title, 
travel availability, training received, assignments, position number, 
applicable medical clearances, and performance evaluations. Contract 
documents include applications, salary worksheet computations, 
statements of work, qualifications approval memoranda, final offer 
letters, contract, performance evaluations, correspondence, advanced 
leave requests, training certifications, release forms, and out-
processing checklists.

AUTHORITY FOR MAINTENANCE OF SYSTEM OF RECORDS:
    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.

PURPOSE(S):
    The records are collected, used, maintained, and disseminated for 
the purposes of documenting personal services contracts processing, 
including personal services contracts records, pay and benefits 
determinations and processing, determining accountability and liability 
of contract parties, reports of contractor actions, and the records 
required in connection with the personal services contractor during the 
contract cycle.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND PURPOSEs OF SUCH USE:
    In addition to those disclosures generally permitted under 5 U.S.C. 
552a(b), all or a portion of the records contained in this system of 
records may be disclosed outside USAID as a routine use pursuant to 5 
U.S.C. 552a(b)(3) as follows:
    (1) To the Internal Revenue Service and the Social Security 
Administration for the purposes of reporting earnings information.
    (2) 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.
    (3) To the Department of Justice or other appropriate Federal 
Government agency when the records are arguably

[[Page 11392]]

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.
    (4) 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.
    (5) 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.
    (6) To the Department of State and its posts abroad for the 
purposes of transmission of information between organizational units of 
the Agency, or for the 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 for other purposes for which officers and 
employees of the Department of State have a need for the records in the 
performance of their duties.
    (7) 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.
    (8) 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.
    (9) To appropriate officials and employees of a Federal Government 
agency or entity when the information is relevant to a decision 
concerning the hiring, appointment, or retention of an employee; the 
assignment, detail or deployment of an employee; the issuance, renewal, 
suspension, or revocation of a security clearance; the execution of a 
security or suitability investigation; the letting of a contract; or 
the issuance of a grant or benefit.
    (10) To the National Archives and Records Administration, 
Information Security Oversight Office, Interagency Security 
Classification Appeals Panel, for the purposes of adjudicating an 
appeal from a USAID denial of a request for mandatory declassification 
review of records, made under the applicable executive order(s) 
governing classification.
    (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 appropriate agencies, entities, and persons when (1) USAID 
suspects or has confirmed that the security or confidentiality of 
information in the system of records has been compromised; (2) USAID 
has determined that as a result of the suspected or confirmed 
compromise there is a risk of harm to economic or property interests, 
identity theft or fraud, or harm to the security or integrity of this 
system or other systems or programs (whether maintained by the USAID or 
another agency, entity, or person) that rely upon the compromised 
information; and (3) the disclosure made to such agencies, entities, 
and persons is reasonably necessary to assist in connection with 
USAID's efforts to respond to the suspected or confirmed compromise and 
prevent, minimize, or remedy such harm.
    (13) To a Federal, State, or local agency maintaining civil, 
criminal, or other relevant enforcement information or other pertinent 
information, or to private individuals, for the purposes of requesting 
information relevant to a USAID decision concerning the hiring, 
retention, or promotion of a personal services contractor, the issuance 
of a security clearance, or other decision within the purposes of this 
system of records.
    (14) 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.
    (15) To appropriate agencies, entities, and persons for the 
purposes of confirming the qualifications of an applicant for the award 
of a personal services contract.

POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, 
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
    Records in this system are stored on paper and/or electronic form; 
and are maintained in locked cabinets and/or user-authenticated, 
password-protected systems.

RETRIEVABILITY:
    Records are retrieved by the name of the personal services 
contractor and the contract number.

SAFEGUARDS:
    Information in this system is safeguarded in accordance with 
applicable laws, rules and policies, including the agency's automated 
directive system. In general, records and technical equipment are 
maintained in buildings with restricted access. The required use of 
password protection identification features and other system protection 
methods also restrict access. 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 records is restricted to those 
authorized USAID personnel and authorized contractors who have an 
official need to access the records in the performance of their 
official duties.

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

SYSTEM MANAGER(S) AND ADDRESS:
    USAID Contracting Officers or Heads of Contracting Activities, 
United States

[[Page 11393]]

Agency for International Development, 1300 Pennsylvania Avenue NW., 
Washington, DC 20523; and USAID Missions throughout the world.

NOTIFICATION PROCEDURE:
    Same as Record Access Procedures.

RECORDS ACCESS PROCEDURES:
    Under the Privacy Act, individuals may request access to records 
about themselves. If an agency or a person, who is not the individual 
who is the subject of the records, requests access to records about an 
individual, the written consent of the individual who is the subject of 
the records is required.
    Requesters may submit requests for records under the Privacy Act: 
(1) By mail to the USAID FOIA Office, Bureau for Management, Office of 
Management Services, Information and Records Division, 1300 
Pennsylvania Avenue NW., Room 2.07C-RRB, Washington, DC 20523-2701; (2) 
via Facsimile to 202-216-3070; (3) via email to [email protected]; (4) on 
the USAID Web site at www.usaid.gov/foia-requests; or (5) in person 
during regular business hours at USAID, 1300 Pennsylvania Avenue NW., 
Washington, DC 20523-2701, or at USAID overseas missions.
    Requesters using 1 through 4 may provide a written statement or may 
complete and submit USAID Form 507-1, Freedom of Information/Privacy 
Act Record Request Form, which can be obtained: (a) On the USAID Web 
site at www.usaid.gov/foia-requests; (b) by email request to 
[email protected]; or (c) by writing to the USAID FOIA Office, Bureau for 
Management, Office of Management Services, Information and Records 
Division, 1300 Pennsylvania Avenue NW., Room 2.07C-RRB, Washington, DC 
20523-2701, and provide information that is necessary to identify the 
records, including the following: Requester's full name; present 
mailing address; home telephone; work telephone; name of subject, if 
other than requester; requester relationship to subject; description of 
type of information or specific records; and purpose of requesting 
information. Requesters should provide the system of record 
identification name and number, if known; and, to facilitate the 
retrieval of records contained in those systems of records which are 
retrieved by Social Security Numbers, the Social Security Number of the 
individual to whom the record pertains.
    In addition, requesters using 1 through 4 must include proof of 
identity information by providing copies of two (2) source documents 
that must be notarized by a valid (un-expired) notary public. 
Acceptable proof-of-identity source documents include: An unexpired 
United States passport; Social Security Card (both sides); unexpired 
United States Government employee identity card; unexpired driver's 
license or identification card issued by a state or United States 
possession, provided that it contain a photograph; certificate of 
United States citizenship; certificate of naturalization; card showing 
permanent residence in the United States; United States alien 
registration receipt card with photograph; United States military card 
or draft record; or United States military dependent's identification 
card.
    Requesters using 1 through 4 must also provide a signed and 
notarized statement that they are the person named in the request; that 
they understand that any falsification of their statement is punishable 
under the provision of 18 U.S.C. 1001 by a fine, or by imprisonment of 
not more than five years or, if the offense involves international or 
domestic terrorism (as defined in section 2331), imprisonment of not 
more than eight years, or both; and that requesting or obtaining 
records under false pretenses is punishable under the provisions of 5 
U.S.C. 552a(i)(3) as a misdemeanor and by a fine of not more than 
$5,000.
    Requesters using 5 must provide such personal identification as is 
reasonable under the circumstances to verify the requester's identity, 
including the following: An unexpired United States passport; Social 
Security Card; unexpired United States Government employee identity 
card; unexpired driver's license or identification card issued by a 
state or United States possession, provided that it contain a 
photograph; certificate of United States citizenship; certificate of 
naturalization; card showing permanent residence in the United States; 
United States alien registration receipt card with photograph; United 
States military card or draft record; or United States military 
dependent's identification card.

CONTESTING RECORDS PROCEDURES:
    Individuals seeking to contest or amend records maintained on 
himself or herself must clearly and concisely state that information is 
being contested, and the proposed amendment to the information sought. 
Requests to amend a record must follow the Record Access Procedures 
above.

RECORDS SOURCE CATEGORIES:
    These records contain information directly from the individuals who 
are the subject of these records; as well as from contracting officers 
and contracting officers' representatives in USAID bureaus and 
missions, and Office of Human Resources employees.

EXEMPTIONS CLAIMED 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).

[FR Doc. 2015-04307 Filed 3-2-15; 8:45 am]
BILLING CODE 6116-02-P