[Federal Register Volume 72, Number 139 (Friday, July 20, 2007)]
[Proposed Rules]
[Pages 39768-39770]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 07-3331]
=======================================================================
-----------------------------------------------------------------------
AGENCY FOR INTERNATIONAL DEVELOPMENT
22 CFR Part 215
RIN 0412-AA61
Privacy Act of 1974, Implementation of Exemptions
AGENCY: United States Agency for International Development.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The United States Agency for International Development (USAID)
is concurrently establishing a new system of records pursuant to the
provisions of the Privacy Act of 1974 (5 U.S.C. 552a), entitled the
``Partner Vetting System'' (PVS). In this proposed rulemaking, USAID
proposes to exempt portions of this system of records from one or more
provisions of the Privacy Act because of criminal, civil, and
administrative enforcement requirements.
DATES: Submit comments on or before September 18, 2007.
[[Page 39769]]
ADDRESSES: You may submit comments, identified by RIN 0412-AA61, by any
of the following methods:
Federal eRulemaking Portal: http://www.regulations.gov. Follow the
instructions for submitting comments.
Mail: U.S. Agency for International Development, Chief Privacy
Officer, 1300 Pennsylvania Avenue NW., Room 2.12-003, Washington, DC
20523-2120.
Instructions: All submissions must include the title of the
proposed action, and Regulatory Information Number (RIN) for this
rulemaking. Please include your name, title, organization, postal
address, telephone number, and e-mail address in the text of the
message.
FOR FURTHER INFORMATION CONTACT: Jeff Denale, Coordinator for
Counterterrorism, Office of Security, United States Agency for
International Development, Ronald Reagan Building, 1300 Pennsylvania
Avenue, NW., Washington, DC 20523 by phone (202) 712-1264.
SUPPLEMENTARY INFORMATION:
A. Background
In accordance with the Privacy Act of 1974, 5 U.S.C. 552a, USAID is
publishing a new system of records notice for the Office of Security
named Partner Vetting System (PVS). The PVS will support the vetting of
directors, officers, or other employees of non-governmental
organizations who apply for USAID contracts, grants, cooperative
agreements or other funding and those who apply for registration with
USAID as Private Voluntary Organizations. The information collected
from these individuals will be used to conduct screening to ensure
USAID funds and USAID-funded activities are not purposefully or
inadvertently used to provide support to entities or individuals deemed
to be a risk to national security. As these individuals and
organizations are not employees or job applicants, nor would they be
eligible for or require security clearances, traditional employment or
security clearance investigative mechanisms are not authorized or
appropriate for the stated purposes.
USAID proposes to exempt this system, in part, from certain
provisions of the Privacy Act and to add the PVS system to 22 CFR
215.14, Specific Exemptions. USAID needs this exemption in order to
protect information related to investigations from disclosure to
subjects of investigations and to protect classified information
related to the government's national security programs. Specifically,
the exemptions are required to preclude subjects of investigations from
frustrating the investigative process; to avoid disclosure of
investigative techniques; protect the identities and physical safety of
confidential informants and of law enforcement personnel; ensure the
Office of Security's ability to obtain information from third parties
and other sources; protect the privacy of third parties; and safeguard
classified information.
Aside form the specific protections afforded classified information
that may underpin the screening mechanisms involved, USAID must also
protect the names of organizations and individuals within this system.
Because the results of screening on any particular organization or
individual may be derived from classified and sensitive law enforcement
and intelligence information, USAID cannot confirm or deny whether an
individual ``passed'' or ``failed'' screening. The nondisclosure of the
information protects the government's operational counterterrorism and
counterintelligence missions, as well as the personal safety of those
involved in counterterrorism investigations.
B. Regulatory Planning and Review
This is not a significant regulatory action and, therefore, is not
subject to review under Section 6(b) of Executive Order 12866,
Regulatory Planning and Review, dated September 30, 1993. This rule is
not a major rule under 5 U.S.C. 804.
C. Regulatory Flexibility Act
Pursuant to requirements set forth in the Regulatory Flexibility
Act (RFA) (5 U.S.C. 601 et seq.), USAID has considered the economic
impact of the rule and has determined that its provisions would not
have a significant economic impact on a substantial number of small
entities.
D. Paperwork Reduction Act
The Paperwork Reduction Act does apply because the proposed changes
impose information collection requirements that require the approval of
the Office of Management and Budget under 44 U.S.C. 3501 et seq.
List of Subjects in 22 CFR Part 215
Freedom of Information, Investigations, Privacy.
For the reasons stated in the preamble, the USAID proposes to amend
22 CFR part 215 as follows:
PART 215--REGULATIONS FOR IMPLEMENTATION OF PRIVACY ACT OF 1974
1. The authority citation for 22 CFR part 215 is revised to read as
follows:
Authority: Pub. L. 93-579, 88 Stat. 1896 (5 U.S.C. 553, (b), (c)
and (e).
2. Amend Sec. 215.13 by adding paragraph (c)(2) to read as
follows:
Sec. 215.13 General exemptions.
* * * * *
(c) * * *
(2) Partner Vetting System. This system is exempt from sections
(c)(3) and (4); (d); (e) (1), (2), and (3); (e) (4) (G), (H), and (I);
(e) (5) and (8); (f), (g), and (h) of 5 U.S.C. 552a. These exemptions
are necessary to insure the proper functioning of the law enforcement
activity, to protect confidential sources of information, to fulfill
promises of confidentiality, to maintain the integrity of the law
enforcement procedures, to avoid premature disclosure of the knowledge
of criminal activity and the evidentiary bases of possible enforcement
actions, to prevent interferences with law enforcement proceeding, to
avoid the disclosure of investigative techniques, to avoid endangering
the law enforcement personnel, 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 proper selection or continuance of the best
applicants or persons for a given position or contract. Although the
primary functions of USAID are not of a law enforcement nature, the
mandate to ensure USAID funding is not purposefully or inadvertently
used to provide support to entities or individuals deemed to be a risk
to national security necessarily requires coordination with law
enforcement and intelligence agencies as well as use of their
information. Use of these agencies' information necessitates the
conveyance of these other systems exemptions to protect the information
as stated.
3. Amend 22 CFR 215.14 by adding the heading ``Note to paragraph
(c)(5)'' to the undesignated text at the end of the section and
paragraph (c)(6) to read as follows:
Sec. 215.14 Specific exemptions.
* * * * *
(c) * * *
(6) Partner Vetting System. This system is exempt under 5 U.S.C.
552a (k)(1), (k)(2), and (k)(5) from the provision of 5 U.S.C. 552a
(c)(3); (d);
[[Page 39770]]
(e)(1); (e)(4) (G), (H), (I); and (f). These exemptions are claimed to
protect the materials required by executive order to be kept secret in
the interest of national defense of foreign policy, to prevent subjects
of investigation from frustrating the investigatory process, to insure
the proper functioning and integrity of law enforcement activities, to
prevent 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 proper selection or
continuance of the best applicants or persons for a given position or
contract.
Philip M. Heneghan,
Chief Privacy Officer.
[FR Doc. 07-3331 Filed 7-19-07; 8:45 am]
BILLING CODE 6116-01-P