This section of the FEDERAL REGISTER

contains documents other than rules or

proposed rules that are applicable to the

public. Notices of hearings and investigations,

committee meetings, agency decisions and

rulings, delegations of authority, filing of

petitions and applications and agency

statements of organization and functions are

examples of documents appearing in this

section.

Notices Federal Register

23204 

Vol. 78, No. 75 

Thursday, April 18, 2013 

AGENCY FOR INTERNATIONAL 

DEVELOPMENT 

Privacy Act of 1974, System of 

Records 

AGENCY: United States Agency for 

International Development. 

ACTION: Altered system of records. 

SUMMARY: The United States Agency for 

International Development (USAID) is 

issuing public notice of its intent to alter 

a system of records maintained in 

accordance with the Privacy Act of 1974 

(5 U.S.C. 552a), as amended, entitled 

‘‘USAID–09, Criminal Law Enforcement 

Records System’’. USAID is updating 

this system of record for a nonsignificant change, to reflect the address 

change for the location of the system. 

This action is necessary to meet the 

requirements of the Privacy Act to 

publish in the Federal Register notice of 

the existence and character of record 

systems maintained by the agency (5 

U.S.C. 522a(e)(4)). 

DATES: The 30-day public comment 

period and 10-day additional OMB and 

Congress review period is not required 

for non-significant alterations. 

ADDRESSES: You may submit comments: 

Paper Comments 

• Fax: (703) 666–5670. 

• Mail: Chief Privacy Officer, United 

States Agency for International 

Development, 2733 Crystal Drive, 11th 

Floor, Arlington, VA 22202. 

Electronic Comments 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions on the Web site for 

submitting comments. 

• Email: privacy@usaid.gov. 

FOR FURTHER INFORMATION CONTACT: For 

general questions, please contact, 

USAID Privacy Office, United States 

Agency for International Development, 

2733 Crystal Drive, 11th Floor, 

Arlington, VA 22202. Email: 

privacy@usaid.gov. 

SUPPLEMENTARY INFORMATION: The 

Criminal Law Enforcement Records 

System, will now be electronically 

stored and located in a new location. 

The new location is: Terremark NAP of 

the Americas, 2 S Biscayne Blvd., 

Miami, FL 33131. 

Dated: March 15, 2013. 

William Morgan, 

Chief Information Security Officer—Chief 

Privacy Officer. 

USAID–09 

SYSTEM NAME: 

Criminal Law Enforcement Records 

System 

SECURITY CLASSIFICATION: 

Sensitive But Unclassified. 

SYSTEM LOCATION: 

Terremark NAP of the Americas, 2 S 

Biscayne Blvd., Miami, FL 33131. 

CATEGORIES OF INDIVIDUALS COVERED BY THE

SYSTEM: 

In connection with its investigative 

duties, OIG maintains records in its 

Criminal law Enforcement Records 

System on the following categories of 

individuals insofar as they are relevant 

to any investigation or preliminary 

inquiry undertaken to determine 

whether to commence an investigation: 

complainants; witnesses; confidential 

and non-confidential informants; 

contractors; subcontractors; recipients of 

federal assistance or funds and their 

contractors/subcontractors and 

employees; individuals threatening 

USAID employees or the USAID 

Administrator; current, former, and 

prospective employees of USAID; 

alleged violators of USAID rules and 

regulations; union officials; individuals 

investigated and/or interviewed; 

persons suspected of violations of 

administrative, civil, and/or criminal 

provisions; grantees,’ sub-grantees; 

lessees; licensees; and other persons 

engaged in official business with 

USAID. 

CATEGORIES OF RECORDS COVERED BY THIS

SYSTEM: 

The system contains investigative 

reports and materials gathered or 

created with regard to investigations of 

administrative, civil, and criminal 

matters by OIG and other Federal, State, 

local, tribal, territorial, or foreign 

regulatory or law enforcement agencies. 

Categories of records may include: 

complaints; request to investigate; 

information contained in criminal, civil, 

or administrative referrals; statements 

from subjects, targets, and/or witnesses; 

affidavits, transcripts, police reports, 

photographs, and/or documents relative 

to a subject’s prior criminal record; 

medical records, accident reports, 

materials and intelligence information 

from other governmental investigatory 

or law enforcement organizations; 

information relative to the status of a 

particular complaint or investigation, 

including any determination relative to 

criminal prosecution, civil, or 

administrative action; general case 

management documentation’ subpoenas 

and evidence obtained in response to 

subpoenas; evidence logs; pen registers; 

correspondence, records of seized 

property’ reports of laboratory 

examination; reports of investigation; 

and other data or evidence collected or 

generated by OIG’s Office of 

Investigations during the course of 

conducting its official duties. 

AUTHORITY FOR MAINTENANCE OF THE SYSTEM: 

The Inspector General Act of 1978, 5 

U.S.C. App. 3, as amended. 

PURPOSE(S): 

The records contained in this system 

are used by OIG to carry out its statutory 

responsibilities under the Inspector 

General Act of 1978, as amended, to 

conduct and supervise investigations 

relating to programs and operations of 

USAID; to promote economy, efficiency, 

and effectiveness in the administration 

of such programs and operations; and to 

prevent and detect fraud, waste, and 

abuse in such programs and operations. 

The records are used in the course of 

investigating individuals and entities 

suspected of having committed illegal or 

unethical acts, and in conducting 

related criminal prosecutions, civil 

proceedings, and administrative actions. 

ROUTINE USE OF RECORDS MAINTAINED IN THE

SYSTEM, INCLUDING CATEGORIES OF USERS AND

THE PURPOSE OF SUCH USES: 

USAID’s routine uses, see 42 FR 

47371 (September 20, 1977) and 59 FR 

52954 (October 20, 1994), apply to this 

system of records. As additional routine 

uses for this records system, USAID/OIG 

may disclose information in this system 

as follows: 


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Federal Register / Vol. 78, No. 75 / Thursday, April 18, 2013 / Notices 23205 

(a) Disclosure to the Department of 

Justice (DOJ) or a legal representative 

designated by a Federal Agency in 

circumstances in which: 

(1) USAID or OIG, or any component 

thereof: 

(2) Any employee of USAID or OIG in 

his or her official capacity; 

(3) Any employee of USAID or OIG in 

his or her individual capacity, where 

the DOJ has agreed to represent or is 

considering a request to represent the 

employee; or 

(4) The United States or any of its 

components is a party to pending or 

potential litigation or has an interest in 

such litigation, USAID or OIG will be 

affected by the litigation, or USAID or 

OIG determines that the use of such 

records by the DOJ is relevant and 

necessary to the litigation; provided, 

however, that in each case, USAID or 

OIG determines that disclosure of the 

records to the DOJ is a use of the 

information that is compatible with the 

purpose for which the records were 

collected. 

(b) Disclosure to any source from 

which additional information is 

requested in order to obtain information 

relevant to: 

(1) A decision by either USAID or OIG 

concerning the hiring, assignment, or 

retention of an individual or other 

personnel action; 

(2) The issuance, renewal, retention, 

or revocation of a security clearance; 

(3) The execution of a security or 

suitability investigation; 

(4) The letting of a contract; or 

(5) The issuance, retention, or 

revocation of a license, grant, award, 

contract, or other benefit to the extent 

the information is relevant and 

necessary to a decision by USAID or 

OIG on the matter. 

(c) Disclosure to a Federal, State, 

local, foreign, tribal, territorial, or other 

public authority in response to its 

request in connection with: 

(1) The hiring, assignment, or 

retention, of an individual; 

(2) The issuance, renewal, retention or 

revocation of a security clearance; 

(3) The execution of a security or 

suitability investigation; 

(4) The letting of a contract; or 

(5) The issuance, retention, or 

revocation of a license, grant, award, 

contract, or other benefit conferred by 

that entity to the extent that the 

information is relevant and necessary to 

the requesting entity’s decision on the 

matter. 

(d) Disclosure in the event that a 

record, either by itself or in combination 

with other information, indicates a 

violation or a potential violation of law, 

whether civil, criminal, or regulatory in 

nature, and whether arising by general 

statute or particular program stature, or 

by regulation, rule, or order issued 

pursuant thereto; or a violation or 

potential violation of a contract 

provision. In these circumstances, the 

relevant records in the system may be 

referred, as a routine use, to the 

appropriate entity, whether Federal, 

State, tribal, territorial, local or foreign, 

charged with the responsibility of 

investigating or prosecuting such 

violation or charged with enforcing or 

implementing the statute, rule, 

regulation, order or contract. 

(e) Disclosure to any source from 

which additional information is 

requested, either private or 

governmental, to the extent necessary to 

solicit information relevant to any 

investigation, audit, or evaluation. 

(f) Disclosure to a foreign government 

pursuant to an international treaty, 

convention, or executive agreement 

entered into by the United States. 

(g) Disclosure to contractors, grantees, 

consultants, or volunteers performing or 

working on a contract, service, grant, 

cooperative agreement, job or other 

activity for USAID or OIG, who have a 

need to access the information in the 

performance of their duties or activities. 

When appropriate, recipients will be 

required to comply with the 

requirements of the Privacy Act of 1974 

as provided in 5 U.S.C. 552a(m). 

(h) Disclosure to representatives of the 

Office of Personnel Management, the 

Office of Special Counsel, the Merit 

Systems Protection Board, the Federal 

Labor Relations Authority, the Equal 

Employment Opportunity Commission, 

the Office of Government Ethics, and 

other Federal agencies in connection 

with their efforts to carry out their 

responsibilities to conduct 

examinations, investigations, and/or 

settlement efforts, in connection with 

administrative grievances, complaints, 

claims, or appeals filed by an employee, 

and such other functions promulgated 

in 5 U.S.C. 1205–06. 

(i) Disclosure to a grand jury agent 

pursuant to a Federal or State grand jury 

subpoena or to a prosecution request 

that such record be released for the 

purpose of its introduction to a grand 

jury. 

(j) Disclosure in response to a facially 

valid subpoena for the record. 

(k) Disclosure to the National 

Archives and Records Administration 

for the purpose of records management 

inspections conducted under authority 

of 44 U.S.C. 2904, 2906. 

(l) Disclosure to the Departments of 

the Treasury and Justice in 

circumstances in which OIG seeks to 

obtain, or has in fact obtained, and ex 

parte court order to obtain tax return 

information from the Internal Revenue 

Service. 

(m) Disclosure to any Federal official 

charged with the responsibility to 

conduct qualitative assessment reviews 

of internal safeguards and management 

procedures employed in investigative 

operations for purposed of reporting to 

the President and Congress on the 

activities of OIF as contemplated by the 

Homeland Security Act of 2002 (Pub. L. 

107–296; November 25, 2002). This 

disclosure category includes other 

Federal offices of inspectors general and 

members of the President’s Council on 

Integrity and Efficiency, and officials 

and administrative staff within their 

investigative chain of command, as well 

as authorized officials of DOJ and its 

component, the Federal Bureau of 

Investigation. 

DISCLOSURE TO CONSUMER REPORTING

AGENCIES: 

Not applicable. 

POLICIES AND PRACTICES FOR STORING, 

RETRIEVING, ACCESSING, RETAINING, AND

DISPOSING OF RECORDS IN THE SYSTEM: 

STORAGE: 

Paper records and all other media 

(photographs, audio recordings, 

diskettes, CD’s etc) are stored in GSAapproved security containers with 

combination locks in a secured area. 

Electronic records are password 

protected and maintained on a file 

server in locked facilities that are 

secured at all times by security systems 

and video surveillance cameras. 

RETRIEVABILITY: 

Records are retrieved in a database by 

name and or alias, as well as by nonpersonally identifiable information, 

such as case number. 

SAFEGUARDS: 

Access to paper records is restricted 

to authorized OIG employees on a needto-know basis. At all times, paper 

records are maintained in locked safes 

in a secured area in offices that are 

occupied by authorized OIG employees. 

Access to electronic records is restricted 

to authorized OIG staff members on a 

need-to-know basis. Each person 

granted access to the system must be 

individually authorized to use the 

system. 

Disclosure of records maintained 

electronically is restricted through the 

use of passwords. The computer servers 

in which records are stored are 

password protected. Passwords are 

changed on a cyclical basis. The 

computer servers are located in locked 

facilities that are secured at all times by 


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security systems and video surveillance 

cameras. The security systems provide 

immediate notification of any attempted 

intrusion to USAID Security personnel. 

All data exchanged between the servers 

and individual computers is encrypted. 

Backup tapes are stored in a locked and 

controlled room in a secure, off-site 

location. 

RETENTION AND DISPOSAL: 

Records relating to persons covered 

by this system are retained for two or 

five years after the investigation is 

closed. If an investigation does not 

involve allegations against a senior level 

USAID employee, is not of 

congressional interest, or does not yield 

a reportable result, the records within 

the closed case file are maintained for 

a period of two years from the date of 

closing by OIG. If the investigation 

yields a reportable result, has 

congressional interest, or involves 

allegations against a senior level USAID 

employee, the records within the closed 

case file will be retained for five years 

from the date of closing by OIG. After 

the applicable period (two or five years), 

closed investigative files will be sent 

from USAID, Office of Inspector 

General, 1300 Pennsylvania Ave. NW., 

Washington, DC 20523, to the 

Washington National Records Center in 

Suitland, Maryland, where they will be 

retained for fifteen years, and 

subsequently destroyed. Any electronic 

file that qualifies as a record will be 

printed out and treated as a hard-copy 

record for disposition purposes. 

NOTIFICATION PROCEDURES: 

Records in this system are exempt 

from notification, access, and 

amendment procedure in accordance 

with subsections (j) and (k) of 5 U.S.C. 

552a, and 22 CFR 215.13 and 215.14. 

Individuals requesting notification of 

the existence of records on themselves 

should send their request to the System 

Manager (see information above). The 

request must be in writing and include 

the requester’s full name, his or her 

current address, his or her date and 

place of birth, and a return address for 

transmitting the information. The 

request shall be signed by either 

notarized signature or by signature 

under penalty of perjury. Requesters 

shall also reasonably specify the record 

contents being sought. 

RECORD ACCESS PROCEDURES: 

Individuals wishing to request access 

to a record on himself or herself must 

submit the request in writing according 

to the ‘‘Notification Procedures’’ above. 

CONTESTING RECORD PROCEDURES: 

An individual requesting amendment 

of a record maintained on himself or 

herself must identify the information to 

be changed and the corrective action 

sought. Requests must follow the 

‘‘Notification Procedures’’ above. 

RECORD SOURCE CATEGORY: 

OIG collects information from a wide 

variety of sources, including 

information from USAID and other 

Federal, State and local agencies, 

subjects, witnesses, complainants, 

confidential and/or non-confidential 

sources, and other nongovernmental 

entities. 

EXEMPTIONS CLAIMED FOR THE SYSTEM: 

Under the specific authority provided 

by subsection (j)(2) of 5 U.S.C. 552a, 

USAID has adopted regulations, 22 CFR 

215.13 and 215.14, which exempt this 

system from the notice, access, and 

amendment requirements of 5 U.S.C. 

552a, except subsections (b); (c)(1) and 

(2); (e)(4)(A) through (F); (e)(6), (7), (9), 

(10), and (11); and (i). If the provision 

found at subsection (j)(2) of 5 U.S.C. 

552a is held to be invalid, then, under 

subsections (k)(1) and (2) of 5 U.S.C. 

552a, this system is determined to be 

exempt from the provisions of 

subsections (c)(3); (d); (e)(1); (e)(4)(G), 

(H), and (I); and (f) of 5 U.S.C. 552a. See 

57 FR 38276, 38280–81 (August 24, 

1992). The reasons for adoption of 22 

CFR 215.13 and 215.14 are to protect the 

materials required by Executive order to 

be kept secret in the interest of national 

defense of foreign policy, to maintain 

the integrity of the law enforcement 

process, to ensure the proper 

functioning and integrity of law 

enforcement activities, to prevent 

disclosures of investigative techniques, 

to maintain the ability to obtain 

necessary information, to prevent 

subjects of investigation from frustrating 

the investigatory process, to avoid 

premature disclosure of the knowledge 

of criminal activity and the evidentiary 

basis of possible enforcement actions, to 

fulfill commitments made to sources to 

protect their identities and the 

confidentiality of information, and to 

avoid endangering these sources and 

law enforcement personnel. 

Meredith Snee, 

Privacy Analyst. 

[FR Doc. 2013–09103 Filed 4–17–13; 8:45 am] 

BILLING CODE 6116–01–P 

DEPARTMENT OF AGRICULTURE 

Council for Native American Farming 

and Ranching 

AGENCY: Office of Tribal Relations, 

USDA. 

ACTION: Notice of public meeting. 

SUMMARY: This notice announces a 

forthcoming meeting of The Council for 

Native American Farming and Ranching 

(CNAFR) a public advisory committee of 

the Office of Tribal Relations (OTR). 

Notice of the meetings are provided in 

accordance with section 10(a)(2) of the 

Federal Advisory Committee Act, as 

amended, (5 U.S.C. Appendix 2). This 

will be the third meeting of the CNAFR 

and will consist of, but not limited to: 

hearing public comments; update of 

USDA programs and activities; 

discussion of committee priorities. This 

meeting will be open to the public. 

DATES: The meeting will be held on May 

3, 2013 from 1 p.m. to 5 p.m. EST. The 

meeting will be open to the public. Note 

that a period for public comment will be 

held on May 3, 2013 4:00 p.m. to 5:00 

p.m. EST 

ADDRESSES: The meeting will be 

conducted using webinar and 

teleconference technology. This will not 

be an in-person meeting. Webinar and 

teleconference access information for 

the meeting will be posted to the OTR 

Web site at www.usda.gov/ 

tribalrelations. 

Written Comments: Written comments 

may be submitted to: John Lowery, 

Tribal Relations Manager, Office of 

Tribal Relations (OTR), 1400 

Independence Ave. SW., Whitten Bldg., 

500–A, Washington, DC 20250; by Fax: 

(202) 720–1058; or by email: 

John.Lowery@osec.usda.gov. 

FOR FURTHER INFORMATION CONTACT: 

Questions should be directed to John 

Lowery, Tribal Relations Manager, OTR, 

1400 Independence Ave. SW., Whitten 

Bldg., 500A, Washington, DC 20250; by 

Fax: (202) 720–1058 or email: 

John.Lowery@osec.usda.gov. 

SUPPLEMENTARY INFORMATION: In 

accordance with the provisions of the 

Federal Advisory Committee Act 

(FACA) as amended (5 U.S.C. App. 2), 

USDA established an advisory council 

for Native American farmers and 

ranchers. The CNAFR is a discretionary 

advisory committee established under 

the authority of the Secretary of 

Agriculture, in furtherance of the 

settlement agreement in Keepseagle v. 

Vilsack that was granted final approval 

by the District Court for the District of 

Columbia on April 28, 2011. 


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