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

4891 

Vol. 89, No. 17 

Thursday, January 25, 2024 

AGENCY FOR INTERNATIONAL 

DEVELOPMENT 

Privacy Act of 1974; System of 

Records 

AGENCY: Agency for International for 

Development (USAID). 

ACTION: Notice of new privacy act 

system of records. 

SUMMARY: Pursuant to the provisions of 

the Privacy Act of 1974 (section 522a of 

title 5 of the United States Code 

[U.S.C.]), the United States Agency for 

International Development (USAID) 

proposes to establish a new System of 

Records titled, ‘‘USAID 36: Private 

Sector Engagement Records.’’ The 

purpose of the system is to administer 

USAID’s Private Sector Engagement 

Policy and enhance the risk 

management activities in support of its 

trade and investment support services. 

This System of Records includes a 

Customer Relationship Management 

(CRM) tool that will function as a data 

warehouse that maintains information 

on business entities and their 

representatives that express interest in 

supporting or potentially supporting 

USAID’s mission in foreign 

development. This information will be 

used by USAID to enhance 

transparency, improve coordination, as 

well as for monitoring and evaluation by 

USAID program offices. 

DATES: Submit comments on or before 

February 26, 2024. This modified 

system of records will be effective 

February 26, 2024 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: Privacy@usaid.gov. 

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: The 

Private Sector Engagement (PSE) System 

of Records collects information on 

businesses, vendors, foundations and 

philanthropies, business associations, 

labor organizations, investment entities, 

and other private sector entities and 

their representatives that express 

interest in doing business in USAIDsupported countries. USAID uses this 

information to improve collaboration 

and increase two-way trade and 

investment between the United States 

and USAID-supported countries, and to 

catalyze private sector resources to 

advance, sustain, and support U.S. 

global development and humanitarian 

assistance objectives. 

USAID engages private sector entities 

in a variety of ways including, but not 

limited to: facilitating investment and 

transactions in beneficiary countries; cofunding public-private partnership 

programs and activities; reducing 

investment and programmatic risks; 

connecting businesses with U.S. 

government trade and investment 

support services; collaborating on 

public policy issues of mutual interest 

in USAID presence countries; 

exchanging information, perspectives, 

and analysis on issues of mutual 

interest; and advancing U.S. global 

development and humanitarian 

assistance objectives through privatesector investment and partnership. 

This System of Records is designed to 

improve this engagement and enhance 

USAID’s ability to manage its 

relationships with companies and other 

private sector entities interested in 

supporting U.S. global development and 

humanitarian assistance objectives in 

USAID supported countries. 

Dated: November 29, 2023. 

Mark Joseph Johnson, 

Chief Privacy Officer, United States Agency 

for International Development. 

SYSTEM NAME AND NUMBER: 

USAID–36, Private Sector Engagement 

Records. 

SECURITY CLASSIFICATION: 

Sensitive But Unclassified. 

SYSTEM LOCATION: 

United States Agency for International 

Development (USAID), 1300 

Pennsylvania Avenue NW, Washington, 

DC 20523; Salesforce, 7600 Doane Drive, 

Manassas, VA 20109; and other USAID 

facilities in the United States and 

throughout the world. 

SYSTEM MANAGER: 

Managing Director, Relationship 

Management Systems, USAID Private 

Sector Engagement Hub, Bureau for 

Inclusive Growth, Partnerships, and 

Innovation (IPI/PSE), United States 

Agency for International Development 

(USAID), 1300 Pennsylvania Avenue 

NW, Washington, DC 20004. Email: 

crm@usaid.gov. 

AUTHORITY FOR MAINTENANCE OF THE SYSTEM: 

The Foreign Assistance Act of 1961 

(FAA), as amended; and African Growth 

and Opportunity Act (AGOA) and 

Millennium Challenge Act 

Modernization Act (MCA 

Modernization Act), Public Law 115– 

167 Title II (2018). 

PURPOSE OF THE SYSTEM: 

The purpose of the system is to 

administer USAID’s Private Sector 

Engagement Policy and enhance the risk 

management activities in support of its 

trade and investment support services. 

This System of Records includes a 

Customer Relationship Management 

(CRM) tool that will function as a data 

warehouse that maintains information 

on the directors, officers and employees 

of business entities that express interest 

in supporting or potentially supporting 

USAID’s mission in foreign 

development. This information will be 

used by USAID to enhance 

transparency, improve coordination, as 

well as for monitoring and evaluation by 

USAID program offices. 

CATEGORIES OF INDIVIDUALS COVERED BY THE

SYSTEM: 

This System of Records contains 

information about representatives of 


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current, former, and prospective 

applicants to USAID Private Sector 

Engagement programs, as well as 

personal and professional references of 

partners and participants supporting 

USAID Private Sector Engagement 

programs. 

CATEGORIES OF RECORDS IN THE SYSTEM: 

The system maintains personal and 

commercial information, which 

includes: 

• Contact information: name, 

business email address, business phone 

number(s), fax number, business 

address, title/position; 

• Biometric identifiers or data: 

photos, signatures; 

• Demographic information: sex/ 

gender, marital status, personal and 

professional designations; 

• System and User Activity Logs: 

users’ login and system use activity 

including the date and time of each 

login, user activity within source IP 

address, geolocation, web browser, and 

computer platform; 

• Organization Documents: business 

plans, proposals, company profiles, 

and/or business registration documents; 

• Contracts and Agreements: 

memoranda of understanding, 

management agreements, non-disclosure 

agreements etc.; and 

• Financial information: credit 

history information, regulatory 

compliance information, business 

taxpayer identification numbers, and 

investor commitments. 

RECORD SOURCE CATEGORIES: 

Information in this system is obtained 

from: authorized representatives of 

participating businesses and entities; 

employees of participating Federal 

agencies; existing USAID information 

systems; commercially licensed, 

publicly-available sources of business 

information; and U.S. Federal 

government data sources, registries, and 

listings, such as but not limited to the 

U.S. Department of Commerce 

Consolidated Screening List. 

This information may be collected 

through a variety of electronic and nonelectronic means, including: meetings 

and information that have been 

volunteered by the organization and 

individual (e.g., business cards); emails 

and email signatures; registration for 

and/or participation in USAID events 

(e.g., business roundtables); social 

media outlets; electronic feedback 

submissions; electronic requests for 

more information from the Agency; and 

contacting the Agency through various 

Agency-sponsored websites. 

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) of the Privacy Act, all or a 

portion of the information contained in 

this system may be disclosed to 

authorized entities, as is determined to 

be relevant and necessary, outside 

USAID as a routine use pursuant to 5 

U.S.C. 552a(b)(3) as follows: 

(1) To third-party service providers 

contracted by USAID to facilitate and/or 

coordinate public-private collaboration 

and cooperation events and activities on 

behalf of USAID, such as but not limited 

to training, outreach, marketing, and 

matchmaking activities. 

(2) To an agency or organization, 

including the USAID’s Office of 

Inspector General, 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. 

(3) 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. 

(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 

involved. 

(5) To appropriate officials and 

employees of a federal agency or entity 

when the information is relevant and 

necessary to a decision concerning the 

hiring or retention of an employee; the 

issuance of a security clearance; the 

reporting of an investigation of an 

employee; the assignment, detail, or 

deployment of an employee; the letting 

of a contract; or the approval of a grant 

or other benefits. 

(6) To provide information to a 

congressional office from the record of 

an individual in response to an inquiry 

from that congressional office made at 

the request of the individual to whom 

the record pertains. 

(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 the USAID is a party to the 

proceeding or has a significant interest 

in the proceeding. 

(8) 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. 

(9) To disclose information to the 

Equal Employment Opportunity 

Commission when requested in 

connection with investigations into 

alleged or possible discrimination 

practices in the Federal sector, 

compliance by Federal agencies with 

the Uniform Guidelines on Employee 

Selection Procedures or other functions 

vested in the Commission and to 

otherwise ensure compliance with the 

provisions of 5 U.S.C. 7201. 

(10) 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. 

(11) 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. 

(12) To another agency or agent of a 

Government jurisdiction within or 

under the control of the U.S. lawfully 

engaged in national security or 

homeland defense when disclosure is 

undertaken for intelligence, 

counterintelligence activities (as defined 

by 50 U.S.C. 3003(3)), counterterrorism, 

homeland security, or related law 

enforcement purposes, as authorized by 

U.S. law or Executive Order. 

(13) To either House of Congress, or, 

to the extent of matter within its 

jurisdiction, any committee or 

subcommittee thereof, any joint 


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committee of Congress or subcommittee 

of any such joint committee. 5 U.S.C. 

552a(b)(9). 

POLICIES AND PRACTICES FOR STORAGE OF

RECORDS: 

All information contained in the 

System of Records is stored in electronic 

format. The data is encrypted at rest and 

in transit using Agency-approved, 

Federal Information Processing 

Standards (FIPS) compliant encryption 

mechanisms consistent with policy 

directives in USAID Automated 

Directive System 545, Information 

System Security. Users must be 

authenticated to the system where 

records are stored to retrieve the data. 

POLICIES AND PRACTICES FOR RETRIEVAL OF

RECORDS: 

USAID’s staff retrieves Private Sector 

Engagement records by entity name, 

affiliate/representative name, USAID 

assigned identifiers, and any other 

identifying data specified in the 

‘‘Categories of Records.’’ 

POLICIES AND PRACTICES FOR RETENTION AND

DISPOSAL OF RECORDS: 

Private Sector Engagement records are 

retained, retired, and destroyed in 

accordance with the USAID Automated 

Directive System, Chapter 502, The 

USAID Records Management Program, 

and the USAID Records Disposition 

Schedules as approved by the National 

Archives and Records Administration 

(NARA). More specific information may 

be obtained by emailing USAID’s 

Records Office at recordsinquiry@

usaid.gov. 

ADMINISTRATIVE, TECHNICAL, AND PHYSICAL

SAFEGUARDS: 

Safeguards are implemented in 

accordance with the Privacy Act and the 

Federal Information Security 

Modernization Act of 2014 (FISMA), as 

well as the applicable system and 

business policies and procedures. These 

safeguards are evaluated on a recurring 

basis to ensure continued effective 

protections of the information contained 

within this System of Records. 

To minimize the risk of unauthorized 

access, the System of Records employs 

various security controls, including 

explicit user access approval, multifactor authentication, role-based access 

controls, data encryption, and routine 

monitoring of system and user activity 

used to maintain administrative records 

and perform other functions inherent in 

the administration and security of these 

records. 

USAID has implemented controls to 

minimize the risk of compromising the 

information that is being processed, 

collected, transmitted and stored. 

Safeguards for systems, data, facilities, 

and storage containers/media include, 

but are not limited to the following 

administrative, technical and physical 

safeguards: 

• Administrative—Security and 

Privacy program management functions 

including trained staff, implemented 

risk management frameworks and 

strategies, policies and procedures; 

security and privacy awareness and 

training; incident response and 

contingency plans; periodic privacy and 

security assessments; user agreements 

and access rules; and personnel security 

clearances and/or background checks as 

required. 

• Technical—Access controls to limit 

access to only authorized personnel and 

to allow access only to the information 

required to perform official duties as 

assigned; audit controls to monitor 

activities on systems containing PII or 

other sensitive information; data 

protection which includes encryption of 

data-at-rest and in-transit; and person 

and/or entity identification and 

authentication to prevent unauthorized 

access to information or information 

systems. 

• Physical Controls—Facility access 

controls include one or more of the 

following: guards and locked gates, 

doors, cabinets, etc. to limit physical 

access to systems, facilities, rooms, or 

other areas where sensitive data is 

stored. 

RECORD ACCESS PROCEDURES: 

Under the Privacy Act, individuals 

may request access to records about 

themselves. These individuals must be 

limited to citizens of the United States 

or aliens lawfully admitted for 

permanent residence. If a Federal 

department or 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. 

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 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 

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: 

None. 

HISTORY: 

None. 

Celida Ann Malone, 

Government Privacy Task Lead. 

[FR Doc. 2024–01452 Filed 1–24–24; 8:45 am] 

BILLING CODE 6116–01–P 


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