[Federal Register Volume 80, Number 41 (Tuesday, March 3, 2015)]
[Notices]
[Pages 11387-11391]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-04305]
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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 notice.
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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 new public
notice for a system of records entitled ``USAID-1 Foreign Service
Personnel 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 altered 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 it deleted USAID-1
Foreign Service Personnel Records in error at 72 FR 50096 (August 30,
2007). USAID-1 was last published at 42 FR 47371 (Sept. 20, 1977).
USAID will create a new USAID-1 with the same title, Foreign Service
Personnel Records. Also, USAID has determined that USAID-6 Recruiting,
Examining and Placement Records and USAID-7 Foreign Service Personnel
Evaluation Records were deleted in error on August 30, 2007 (72 FR
50096). In addition, USAID has determined that the portions of USAID-11
Employee Conduct and Discipline Records, USAID-12 Executive Assignment
Records, USAID-13 Orientation and Training Records, and USAID-24
Emergency Case File that cover Foreign Service personnel records were
deleted in error on August 30, 2007 (72 FR 50096). In order to reflect
the current status of the USAID Foreign Service personnel system of
records, the new USAID-1 Foreign Service Personnel Records will
incorporate the Foreign Service personnel records from USAID-1, USAID-
6, USAID-7, USAID-11, USAID-12, USAID-13, and USAID-24.
Dated: February 5, 2015.
William Morgan,
Chief Privacy Officer, United States Agency for International
Development.
USAID-1
SYSTEM NAME:
Foreign Service Personnel Records.
SYSTEM LOCATION:
United States Agency for International Development (USAID), 1300
Pennsylvania Avenue NW., Washington, DC 20523 and other USAID offices
in the United States and throughout the world; U.S. Department of
Agriculture (USDA), National Finance Center (NFC), New Orleans, LA
70129; U.S. Department of the Treasury, Internal Revenue Service, IRS-
Enterprise Computing Center-Detroit, Detroit, MI 48232; Washington
National Records Center, 4205 Suitland Road, Suitland, MD 20746-8001;
and National Personnel Records Center, National Archives and Records
Administration (NARA), 111 Winnebago Street, St. Louis, MO 63118.
[[Page 11388]]
CATEGORIES OF INDIVIDUALS IN THE SYSTEM:
The system encompasses all individuals who are current or former
employees hired under the Foreign Service Act authority by 1) USAID or
2) another federal agency and on detail to USAID.
CATEGORIES OF RECORDS IN THE SYSTEM:
This system consists of records created or compiled for Foreign
Service Act personnel actions, including official personnel files; work
experience, education level achieved, and specialized education or
training obtained both inside and outside of Foreign Service; Federal
service, past and present positions held, grades, salaries, duty
station locations; notices of all personnel actions, such as
appointments, transfers, reassignments, details, promotions, demotions,
reductions-in-force, resignations, separations, suspensions, and
removals; life and health insurance benefits; position classification;
recruiting, examining, and placement; disability, race/ethnicity, and
national origin classification data; evaluation and performance
management; employee conduct and discipline; executive assignments;
orientation and training; awards and incentives; workers compensation;
designations for lump-sum death benefits; classified information
nondisclosure agreements; Thrift Savings Plan; and ethics pledges and
all pledge waiver certifications. Medical records, forms, and reports
are included when they are related to the application for and
employment as a Foreign Service position, including health records
related to workers' compensation claims, employee health promotion and
wellness activities, and drug testing. All categories of records may
include identifying information, such as name, Social Security Number,
mailing address, home telephone number, cell phone number, resume,
clearance level, pay grade, salary, direct-deposit financial
information, position title, and position number.
AUTHORITY FOR MAINTENANCE OF SYSTEM OF RECORDS:
The system was established and is maintained pursuant to 5 U.S.C.
301, Departmental Regulations; 5 U.S.C. 302, Delegation of Authority;
22 U.S.C. Ch. 32, Foreign Assistance, Subchapter I, International
Development; 22 U.S.C. Ch. 52, Foreign Service.
PURPOSE(S):
The records are collected, used, maintained, and disseminated for
the purpose of documenting all processes associated with individual
Foreign Service employment histories and career progression, including
screening qualifications of employees; determining status, eligibility,
and employee's rights and benefits; computing length of service; other
Foreign Service personnel services; and making personnel management
determinations about Foreign Service personnel throughout their Foreign
Service careers.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYTEM, 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 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.
(2) To the Department of Justice or other appropriate Federal
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.
(3) To a Federal Government agency or entity that furnished the
record or information for the purpose of permitting that agency or
entity to make a decision as to access to or correction of the record
or information.
(4) 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.
(5) 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.
(6) 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.
(7) 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.
(8) 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.
(9) To a committee or subcommittee of Congress and the Government
Accountability Office for the purposes of responding to inquiries.
(10) To the National Archives and Records Administration,
Information Security Oversight Office, Interagency Security
Classification Appeals Panel, for the purpose of adjudicating an appeal
from a USAID denial of a request for mandatory declassification review
of records, made under the applicable
[[Page 11389]]
executive order(s) governing classification.
(11) To the National Archives and Records Administration, Office of
Government Information Services (OGIS), to the extent necessary to
fulfill its responsibilities in 5 U.S.C. 552(h), to review
administrative agency policies, procedures, and compliance with the
Freedom of Information Act, and to facilitate OGIS' offering of
mediation services to resolve disputes between persons making FOIA
requests and administrative agencies.
(12) 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.
(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
USAID 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 (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.
(15) To attorneys, union representatives, or other persons
designated by USAID employees in writing to represent them in
complaints, grievance, appeal, or litigation cases.
(16) To requestors in determining a former spouse's entitlement to
benefits and other inquiries related to retirement benefits.
(17) To labor organization officials when such information is
relevant to personnel policies affecting employment conditions and
necessary for exclusive representation by the labor organization.
(18) To officials of foreign governments and other U.S. government
agencies for clearance before a Federal employee is assigned to that
country as well as for the procurement of necessary services for
American personnel assigned overseas, such as permits of free entry and
identity cards.
(19) To the Department of Labor, Department of Veterans Affairs,
Social Security Administration, Department of Defense, or any other
Federal agencies that have special civilian employee retirement and
disability programs; or to a national, state, county, municipal, or
other publicly recognized income administration agency (e.g. State
unemployment compensation agencies), when necessary to adjudicate a
claim under the retirement, insurance, unemployment or health benefits
programs of USAID or an agency cited above, or to an agency to conduct
an analytical study or audit of benefits being paid under such
programs.
(20) To the Office of Federal Employees Group Life Insurance,
information necessary to verify election, declination, or waiver of
regular and/or optional life insurance coverage, or eligibility for
payment of a claim for life insurance.
(21) To health insurance carriers contracting with the Federal
government to provide a health benefits plan under the Federal
Employees Health Benefits Program, information necessary to identify
enrollment in a plan, to verify eligibility for payment of a claim for
health benefits, or to carry out the coordination or audit of benefit
provisions of such contracts.
(22) To any person who is responsible for the care of an individual
to whom a record pertains who is mentally incompetent or under other
legal disability. Information in the individual's record may be
disclosed to said person to the extent necessary to assure payment of
benefits to which the individual is entitled.
(23) To public and private organizations, including news media,
which grant or publicize employee recognition to consider and select
employees for incentive awards and other honors and to publicize awards
and honors granted.
(24) To the Department of Justice in connection with proceedings
before a court, adjudicative body, or other administrative body when
any of the following is a party to litigation or has an interest in
such litigation and USAID determines that the use of such records is
arguably relevant and necessary to the litigation of (1) the USAID or
any component thereof, (2) any employee of the USAID in his or her
official capacity, (3) any employee of the USAID in his or her
individual capacity where the Department of Justice or the USAID has
agreed to represent the employee, or (4) the United States, when the
USAID determines that litigation is likely to affect the USAID or any
of its components.
(25) To implement court decisions and/or terms of settlement
agreements reached by the parties.
(26) To prepare reports to the courts in compliance with monitoring
requirements.
(27) To courts or federal agencies including, but not limited to,
the Equal Employment Opportunity Commission, the Foreign Service
Grievance Board, and the Merit Systems Protection Board, in response to
an order directing the production of personnel records.
(28) To other Government agencies and private organizations,
institutions or individuals to verify employment, to process security
clearances and to request record or credit checks.
(29) To officials of other Federal agencies for purposes of
performance of official duties in support of the functions for which
the records were collected and maintained.
(30) To disclose information to Equal Employment Opportunity (EEO)
counselors and EEO investigators in connection with EEO complaints and
to the Equal Employment Opportunity Commission when requested in
connection with investigations of alleged or possible discrimination
practices in the Federal sector, examination of Federal affirmative
employment programs, compliance by Federal agencies with the Uniform
Guidelines on Employee Selection Procedures, or other functions vested
in the Commission.
(31) To the Department of Labor's Office of Workers' Compensation
programs relating to benefits under the Federal Employees Compensation
Act.
(32) To disclose information to the news media and the public when
a matter involving the USAID has become public knowledge; the Assistant
Administrator Under Secretary for Management determines that in
response to the matter in the public domain, disclosure is necessary to
provide an accurate factual record on the matter; and the Assistant
Administrator for Management determines that there is a legitimate
public interest in the information disclosed.
[[Page 11390]]
POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING,
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
Paper and microfiche records are maintained by USAID and are
safeguarded in secured cabinets within secured rooms. The electronic
records are stored in the HR Connect system, Electronic Official
Personnel File (eOPF) system, and National Finance Center Payroll/
Personnel System, which are safeguarded in accordance with applicable
rules and policies, including all applicable USAID automated systems
security and access policies. Strict controls have been imposed to
minimize the risk of compromising the information that is being stored.
Access to the records is limited to those individuals who have a need
to know the information for the performance of their official duties
and who have appropriate clearances or permissions.
RETRIEVABILITY:
Records are retrieved by the name of the Foreign Service personnel
and numeric identifier.
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. Access is limited to those officers and
authorized USAID employees 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
National Archives Records Administration's General Records Disposition
Schedules and the agency's approved disposition schedules.
SYSTEM MANAGER(S) AND ADDRESS:
Director, Foreign Service Center, Human Capital and Talent
Management, United States Agency for International Development, Office
of Human Resources, 1300 Pennsylvania Avenue NW., Washington, DC 20523.
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 provided directly by the
individuals who are the subject of these records; and from
administrative officers in USAID bureaus and missions, Office of Human
Resources employees, and other sources of records maintained in the
official personnel files of Foreign Service personnel.
EXEMPTIONS CLAIMED FOR THE SYSTEM:
Pursuant to 5 U.S.C. 552a (k)(1), subject to the provisions of
section 552(b)(1), records are exempted from 5 U.S.C. 552a (c)(3), (d),
(e)(1), (e)(4)(G), (H) and (I), and (f) to protect material required to
be kept Secret. Pursuant to
[[Page 11391]]
5 U.S.C. 552a (k)(4), records contained within this system that are
maintained solely for statistical purposes are also exempted from 5
U.S.C. 552a (c)(3), (d), (e)(1), (e)(4)(G), (H) and (I), and (f).
Pursuant to 5 U.S.C. 552a (k)(5) and (k)(7), certain records contained
within this system contain confidential source information and are
exempted from 5 U.S.C. 552a (c)(3), (d), (e)(1), (e)(4)(G), (H) and
(I), and (f). Pursuant to 5 U.S.C. 552a (k)(6), records that contain
testing or examination material the release of which may compromise
testing or examination procedures are also exempted from 5 U.S.C. 552a
(c)(3), (d), (e)(1), (e)(4)(G), (H) and (I), and (f). See USAID Rules
published in 22 CFR 215.13 and 215.14.
[FR Doc. 2015-04305 Filed 3-2-15; 8:45 am]
BILLING CODE 6116-02-P