Increase in Rates Payable Under the Survivors' and Dependents' Educational Assistance Program and Other Miscellaneous Issues, 3436 [E9-1040]
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Federal Register / Vol. 74, No. 12 / Wednesday, January 21, 2009 / Rules and Regulations
substantially in preparing and
submitting a bid, offer, proposal, or
request for modification of the
arrangement has certified that he or she:
(i) Is familiar with and will comply
with the requirements of paragraph (a)
of this section; and
(ii) Has no information of any
violations or possible violations of
paragraph (a) of this section, and will
report immediately to the retained
entity any subsequently gained
information concerning a violation or
possible violation of paragraph (a) of
this section.
jlentini on PROD1PC65 with RULES
§ 31.217
Confidentiality of information.
(a) Nonpublic information defined.
Any information that Treasury provides
to a retained entity under an
arrangement, or that the retained entity
obtains or develops pursuant to the
arrangement, shall be deemed
nonpublic until the Treasury determines
otherwise in writing, or the information
becomes part of the body of public
information from a source other than the
retained entity.
(b) Prohibitions. The retained entity
shall not:
(1) Disclose nonpublic information to
anyone except as required to perform
the retained entity’s obligations
pursuant to the arrangement, or
pursuant to a lawful court order or valid
subpoena after giving prior notice to
Treasury.
(2) Use or allow the use of any
nonpublic information to further any
private interest other than as
contemplated by the arrangement.
(c) Retained entity’s responsibility. A
retained entity shall take appropriate
measures to ensure the confidentiality
of nonpublic information and to prevent
its inappropriate use. The retained
entity shall document these measures in
sufficient detail to demonstrate
compliance, and shall maintain this
documentation for three years after the
arrangement has terminated. The
retained entity shall notify the TARP
Chief Compliance Officer in writing
within five business days of detecting a
violation of the prohibitions in
paragraph (b), above. The security
measures required by this paragraph
shall include:
(1) Security measures to prevent
unauthorized access to facilities and
storage containers where nonpublic
information is stored.
(2) Security measures to detect and
prevent unauthorized access to
computer equipment and data storage
devices that store or transmit nonpublic
information.
(3) Periodic training to ensure that
persons receiving nonpublic
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information know their obligation to
maintain its confidentiality and to use it
only for purposes contemplated by the
arrangement.
(4) Programs to ensure compliance
with federal securities laws, including
laws relating to insider trading, when
the arrangement relates to the
acquisition, valuation, management, or
disposition of troubled assets.
(5) A certification from each
management official performing work
under the arrangement and each key
individual stating that he or she will
comply with the requirements in section
31.217(b). The retained entity shall
obtain this certification, in the form of
a nondisclosure agreement, before a
management official or key individual
performs work under the arrangement,
and then annually thereafter.
§ 31.218
Enforcement.
(a) Compliance with these rules
concerning conflicts of interest is of the
utmost importance. In the event a
retained entity or any individual or
entity providing information pursuant
to 31 U.S.C. Part 31 violates any of these
rules, Treasury may impose or pursue
one or more of the following sanctions:
(1) Rejection of work tainted by an
organizational conflict of interest or a
personal conflict of interest and denial
of payment for that work.
(2) Termination of the arrangement for
default.
(3) Debarment of the retained entity
for Federal government contracting and/
or disqualification of the retained entity
from future financial agency
agreements.
(4) Imposition of any other remedy
available under the terms of the
arrangement or at law.
(5) In the event of violation of a
criminal statue, referral to the
Department of Justice for prosecution of
the retained entity and/or its officers or
employees. In such cases, the
Department of Justice may make direct
and derivative use of any statements
and information provided by any entity,
its representatives and employees or any
individual, to the extent permitted by
law.
(b) To the extent Treasury has
discretion in selecting or imposing a
remedy, it will give significant
consideration to a retained entity’s
prompt disclosure of any violation of
these rules.
Dated: January 14, 2009.
Neel Kashkari,
Interim Assistant Secretary for Financial
Stability.
[FR Doc. E9–1179 Filed 1–15–09; 4:15 pm]
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DEPARTMENT OF VETERANS
AFFAIRS
38 CFR Part 21
RIN 2900–AM67
Increase in Rates Payable Under the
Survivors’ and Dependents’
Educational Assistance Program and
Other Miscellaneous Issues
AGENCY:
ACTION:
Department of Veterans Affairs.
Final rule; correction.
SUMMARY: The Department of Veterans
Affairs (VA) published a document in
the Federal Register of December 30,
2008, amending its regulations to reflect
increases effective for fiscal years 2005,
2006, 2007, 2008, and 2009. The
document contained an error in an
amendatory instruction. We
inadvertently omitted instruction to the
editor to add two new paragraphs to the
section. This document corrects that
error.
DATES: Effective Date: This correction is
effective January 21, 2009.
FOR FURTHER INFORMATION CONTACT:
Brandye R. Terrell, Regulation
Development Team Leader (225C),
Education Service, Veterans Benefits
Administration, Department of Veterans
Affairs, 810 Vermont Ave., NW.,
Washington, DC 20420, (202) 461–9822.
The VA
published a document in the Federal
Register on December 30, 2008, (73 FR
79645) amending its regulations to
reflect increases effective for fiscal years
2005, 2006, 2007, 2008, and 2009,
respectively. In FR Doc. E8–31033,
published on December 30, 2008, the
addition of paragraphs (a)(5) and (a)(6)
to § 21.3333 was inadvertently omitted
from amendatory instruction 7a. This
document corrects that error.
In rule FR Doc. E8–31033 published
on December 30, 2008 (73 FR 79645),
make the following correction: On page
79651, in the second column,
amendatory instruction 7a. should read
as follows:
a. Revising paragraphs (a)(1), (a)(2),
and (a)(3), and adding paragraphs (a)(4),
(a)(5) and (a)(6).
SUPPLEMENTARY INFORMATION:
Approved: January 13, 2009.
Gloria P. Armstrong,
Federal Register Liaison Officer.
[FR Doc. E9–1040 Filed 1–16–09; 8:45 am]
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[Federal Register Volume 74, Number 12 (Wednesday, January 21, 2009)]
[Rules and Regulations]
[Page 3436]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-1040]
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DEPARTMENT OF VETERANS AFFAIRS
38 CFR Part 21
RIN 2900-AM67
Increase in Rates Payable Under the Survivors' and Dependents'
Educational Assistance Program and Other Miscellaneous Issues
AGENCY: Department of Veterans Affairs.
ACTION: Final rule; correction.
-----------------------------------------------------------------------
SUMMARY: The Department of Veterans Affairs (VA) published a document
in the Federal Register of December 30, 2008, amending its regulations
to reflect increases effective for fiscal years 2005, 2006, 2007, 2008,
and 2009. The document contained an error in an amendatory instruction.
We inadvertently omitted instruction to the editor to add two new
paragraphs to the section. This document corrects that error.
DATES: Effective Date: This correction is effective January 21, 2009.
FOR FURTHER INFORMATION CONTACT: Brandye R. Terrell, Regulation
Development Team Leader (225C), Education Service, Veterans Benefits
Administration, Department of Veterans Affairs, 810 Vermont Ave., NW.,
Washington, DC 20420, (202) 461-9822.
SUPPLEMENTARY INFORMATION: The VA published a document in the Federal
Register on December 30, 2008, (73 FR 79645) amending its regulations
to reflect increases effective for fiscal years 2005, 2006, 2007, 2008,
and 2009, respectively. In FR Doc. E8-31033, published on December 30,
2008, the addition of paragraphs (a)(5) and (a)(6) to Sec. 21.3333 was
inadvertently omitted from amendatory instruction 7a. This document
corrects that error.
In rule FR Doc. E8-31033 published on December 30, 2008 (73 FR
79645), make the following correction: On page 79651, in the second
column, amendatory instruction 7a. should read as follows:
a. Revising paragraphs (a)(1), (a)(2), and (a)(3), and adding
paragraphs (a)(4), (a)(5) and (a)(6).
Approved: January 13, 2009.
Gloria P. Armstrong,
Federal Register Liaison Officer.
[FR Doc. E9-1040 Filed 1-16-09; 8:45 am]
BILLING CODE 8320-01-P
