Notice of Proposed Revision to the Privacy Act System of Records, 9584-9586 [E9-4655]
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Notices
Federal Register
Vol. 74, No. 42
Thursday, March 5, 2009
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.
DEPARTMENT OF AGRICULTURE
Office of the Secretary
Notice of Proposed Revision to the
Privacy Act System of Records
Office of the Secretary, USDA.
Notice of proposed revision to
the Privacy Act System of Records.
AGENCY:
jlentini on PROD1PC65 with NOTICES
ACTION:
SUMMARY: In accordance with the
Privacy Act of 1974, as amended, the
U.S. Department of Agriculture (USDA),
Office of Inspector General (OIG) is
proposing a revision to its system of
records, by creating the Office of Audit’s
Research Aggregated Data Analysis
Repository (‘‘RADAR’’), USDA/OIG–8.
RADAR will house USDA data collected
by OIG in order to detect fraud, waste,
and abuse by utilizing software to
match, merge, and analyze the data.
USDA invites public comment on this
revision of its records system.
DATES: Effective Date: This notice will
be adopted without further publication
in the Federal Register on May 4, 2009
unless modified by a subsequent notice
to incorporate comments received from
the public. Comments must be received
by the contact person listed below on or
before April 6, 2009.
FOR FURTHER INFORMATION CONTACT: Mr.
David R. Gray, Counsel to the Inspector
General, Office of Inspector General,
U.S. Department of Agriculture, 1400
Independence Avenue, SW., Room 441–
E, Washington, DC 20250–2308: (202)
720–9110, Facsimile: (202) 690–1528, email: drgray@oig.usda.gov.
SUPPLEMENTARY INFORMATION: In
accordance with the Privacy Act, 5
U.S.C. 552a(e)(11), USDA OIG proposes
to revise its system of records, by adding
a new Privacy Act system of records,
USDA/OIG–8. The full system of
records was last published in the
Federal Register on pages 61262–61266,
62 FR 61262, et seq., November 17,
1997; and was last amended on pages
21389–21391, 70 FR 21389, et seq.,
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16:49 Mar 04, 2009
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April 26, 2005; and on pages 43398–
43400, 73 FR 43398, et seq., July 25,
2008.
OIG proposes to add a new system of
records by adding USDA/OIG–8, Office
of Audit’s Research Aggregated Data
Analysis Repository (‘‘RADAR’’). The
RADAR system will contain information
from other USDA systems of records,
and OIG has limited its usage to OIG
employees on a need-to-know basis.
All other aspects of OIG’s system of
records remain unchanged and are as
published. A ‘‘Report on New System,’’
required by 5 U.S.C. 552a(r), as
implemented by Office of Management
and Budget Circular A–130, was sent to
the Chairman, Committee on Homeland
Security and Governmental Affairs,
United States Senate; the Chairman,
Committee on Oversight and
Governmental Reform, U.S. House of
Representatives; and the Administrator,
Office of Information and Regulatory
Affairs, OMB.
Dated: February 25, 2009.
Thomas J. Vilsack,
Secretary.
USDA/OIG–8
SYSTEM NAME:
Office of Audit’s Research Aggregated
Data Analysis Repository (‘‘RADAR’’)
System, USDA/OIG.
Security Classification: None.
SYSTEM LOCATION:
In the headquarters offices of the U.S.
Department of Agriculture (USDA),
Office of Inspector General (OIG), Jamie
L. Whitten Federal Building, 1400
Independence Avenue, SW.,
Washington, DC 20250.
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
Individuals who participate in
programs funded, monitored, and
administered by USDA. Other
individuals who are connected with the
individuals, organizations, or firms who
participate in programs funded,
monitored, and administered by USDA,
including the names of the subjects of
OIG audits and investigations; the
counties, cities, and States in which the
subjects were located or had an interest
in a USDA program.
CATEGORIES OF RECORDS IN THE SYSTEM:
RADAR will house USDA data in
order to detect fraud, waste, and abuse
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by utilizing software to match, merge,
and analyze the data.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
Inspector General Act of 1978, 5
U.S.C. app.; 5 U.S.C. 301
ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES OF USERS AND
THE PURPOSES OF SUCH USES:
(1) A record from the system of
records which indicates either by itself
or in combination with other
information, a violation or potential
violation of a contract or of law,
whether civil, criminal, or regulatory, or
which otherwise reflects on the
qualifications or fitness of a licensed (or
seeking to be licensed) individual, may
be disclosed to a Federal, State, local,
foreign, or self-regulatory agency
(including but not limited to
organizations such as professional
associations or licensing boards), or
other public authority that investigates
or prosecutes or assists in such
investigation, prosecution, enforcement,
implementation, or issuance of the
statute, rule, regulation, order, or
license.
(2) A record from the system of
records may be disclosed to a Federal,
State, local, or foreign agency, other
public authority, consumer reporting
agency, or professional organization
maintaining civil, criminal, or other
relevant enforcement or other pertinent
records, such as current licenses, in
order to obtain information relevant to
an OIG decision concerning employee
retention or other personnel action,
issuance of a security clearance, letting
of a contract or other procurement
action, issuance of a benefit,
establishment of a claim, collection of a
delinquent debt, or initiation of an
administrative, civil, or criminal action.
(3) A record from the system of
records may be disclosed to a Federal,
State, local, foreign, or self-regulatory
agency (including but not limited to
organizations such as professional
associations or licensing boards), or
other public authority, to the extent the
information is relevant and necessary to
the requestor’s hiring or retention of an
individual or any other personnel
action, issuance or revocation of a
security clearance, license, grant, or
other benefit, establishment of a claim,
letting of a contract, reporting of an
investigation of an individual, for
purposes of a suspension or debarment
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Federal Register / Vol. 74, No. 42 / Thursday, March 5, 2009 / Notices
action, or the initiation of
administrative, civil, or criminal action.
(4) A record from the system of
records may be disclosed to any
source—private or public—to the extent
necessary to secure from such source
information relevant to a legitimate OIG
investigation, audit, or other inquiry.
(5) A record from the system of
records may be disclosed to the
Department of Justice in the course of
litigation when the use of such records
by the Department of Justice is deemed
relevant and necessary to the litigation
and may be disclosed in a proceeding
before a court, adjudicative body, or
administrative tribunal, or in the course
of civil discovery, litigation, or
settlement negotiations, when a party to
a legal action or an entity or individual
having an interest in the litigation
includes any of the following:
(a) The OIG or any component
thereof;
(b) Any employee of the OIG in his or
her official capacity;
(c) Any employee of the OIG in his or
her individual capacity where the
Department of Justice has agreed to
represent the employee; or
(d) The United States, where the OIG
determines that litigation is likely to
affect USDA or any of its components.
(6) A record from the system of
records may be disclosed to a Member
of Congress from the record of an
individual in response to an inquiry
from the Member of Congress made at
the request of that individual. In such
cases however, the Member’s right to a
record is no greater than that of the
individual.
(7) A record from the system of
records may be disclosed to the
Department of Justice for the purpose of
obtaining its advice on an OIG audit,
investigation, or other inquiry,
including Freedom of Information or
Privacy Act matters.
(8) A record from the system of
records may be disclosed to the Office
of Management and Budget for the
purpose of obtaining its advice
regarding OIG obligations under the
Privacy Act or in connection with the
review of private relief legislation.
(9) A record from the system of
records may be disclosed to a private
firm with which OIG contemplates it
will contract or with which it has
contracted for the purpose of performing
any functions or analyses that facilitate
or are relevant to an OIG investigation,
audit, inspection, or other inquiry. Such
contractor or private firm shall be
required to maintain Privacy Act
safeguards with respect to such
information.
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(10) A record from the system of
records may be disclosed in response to
a subpoena issued by a Federal agency
having the power to subpoena records of
other Federal agencies if the OIG
determines that: (a) The records are both
relevant and necessary to the
proceeding, and (b) such release is
compatible with the purpose for which
the records were collected.
(11) A record from the system of
records may be disclosed to a grand jury
agent pursuant either 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, provided
that the grand jury channels its request
through the cognizant U.S. Attorney,
that the U.S. Attorney has been
delegated the authority to make such
requests by the Attorney General, and
that the U.S. Attorney actually signs the
letter specifying both the information
sought and the law enforcement
purpose served. In the case of a State
grand jury subpoena, the State
equivalent of the U.S. Attorney and
Attorney General shall be substituted.
(12) A record from the system of
records may be disclosed, as a routine
use, to a Federal, State, local, or foreign
agency, or other public authority, for
use in computer matching programs to
prevent and detect fraud and abuse in
benefit programs administered by any
agency, to support civil and criminal
law enforcement activities of any agency
and its components, and to collect debts
and overpayments owed to any agency
and its components.
(13) Relevant information from a
system of records may be disclosed to
the news media and general public
where there exists a legitimate public
interest, e.g., to assist in the location of
fugitives, to provide notification of
arrests, or where necessary for
protection from imminent threat of life
or property.
(14) A record may be disclosed to any
official charged with the responsibility
to conduct qualitative assessment
reviews or peer reviews of internal
safeguards and management procedures
employed in investigative operations.
This disclosure category includes
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 the Department
of Justice and the Federal Bureau of
Investigation.
(15) In the event that these records
respond to an audit, investigation or
review, which is conducted pursuant to
an authorizing law, rule or regulation,
and in particular those conducted at the
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9585
request of the President’s Council on
Integrity and Efficiency (‘‘PCIE’’)
pursuant to Executive Order 12993, the
records may be disclosed to the PCIE
and other Federal agencies, as
necessary.
(16) To appropriate agencies, entities,
and persons when (1) OIG suspects or
has confirmed that the security or
confidentiality of information in the
system of records has been
compromised; (2) USDA 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 USDA or another agency
or entity) 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
USDA’s efforts to respond to the
suspected or confirmed compromise
and prevent, minimize, or remedy such
harm.
STORAGE:
The RADAR System consists of
computerized and paper records.
RETRIEVABILITY:
The records are retrieved by names,
addresses, social security numbers, and
tax identification numbers of USDA
program participants or by case
numbers.
SAFEGUARDS:
Computerized records are maintained
in a secure, password protected
computer system. The computer server
is maintained in a secure, accesscontrolled area within an accesscontrolled building.
Paper records are kept in limited
access areas during duty hours and in
locked offices during non-duty hours.
RETENTION AND DISPOSAL:
Records are retained and disposed of
in accordance with USDA/OIG Records
Control Schedules approved by the
National Archives and Records
Administration.
SYSTEM MANAGER(S) AND ADDRESS:
Assistant Inspector General for Audit,
Office of Inspector General, U.S.
Department of Agriculture, 1400
Independence Avenue, SW.,
Washington, DC 20250.
RECORD ACCESS PROCEDURES:
To request access to information in
this system, write to the Assistant
Inspector General for Audit, Office of
Inspector General, U.S. Department of
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Agriculture, 1400 Independence
Avenue, SW., Washington, DC 20250.
CONTESTING RECORDS PROCEDURE:
An individual may contest
information in this system which
pertains to him/her by submitting a
written request to the Assistant
Inspector General for Audit, Office of
Inspector General, U.S. Department of
Agriculture, 1400 Independence
Avenue, SW., Washington, DC 20250.
This system may contain records
originated by USDA agencies and
contained in the USDA’s other systems
of records. Where appropriate,
coordination will be effected with the
appropriate USDA agency regarding an
individual’s contesting of records in the
relevant system of records.
[FR Doc. E9–4655 Filed 3–4–09; 8:45 am]
BILLING CODE 3410–23–P
DEPARTMENT OF AGRICULTURE
Commodity Credit Corporation
Notice of Request for Extension of
Currently Approved Information
Collection
jlentini on PROD1PC65 with NOTICES
AGENCY: Commodity Credit Corporation,
USDA.
ACTION: Notice and request for
comments.
SUMMARY: In accordance with the
Paperwork Reduction Act of 1995, this
notice announces the Commodity Credit
Corporation’s (CCC) intention to request
an extension from the Office of
Management and Budget (OMB) for a
currently approved information
collection in support of the Technical
Assistance for Specialty Crops (TASC)
program.
DATES: Comments on this notice must be
received by May 4, 2009 to be assured
of consideration.
ADDITIONAL INFORMATION OR COMMENTS:
Contact Director, Program Operations
Division, Foreign Agricultural Service,
Portals Office Building, Suite 400, 1250
Maryland Avenue, SW., Washington,
DC 20024, (202) 720–4327, fax: (202)
720–9361, e-mail:
ppsadmin@fas.usda.gov.
SUPPLEMENTARY INFORMATION:
Title: Technical Assistance for
Specialty Crops.
OMB Number: 0551–0038.
Expiration Date of Approval: June 30,
2009.
Type of Request: Extension of a
currently approved information
collections.
Abstract: This information is needed
to administer the CCC Technical
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16:49 Mar 04, 2009
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Assistance for Specialty Crops program.
The information will be gathered from
applicants desiring to receive grants
under the program to determine the
viability of requests for funds.
Regulations governing the program
appear at 7 CFR part 1487 and are
available on the Foreign Agricultural
Service’s Web site.
Estimate of Burden: Public reporting
burden for this collection of information
is estimated to average 32 hours per
respondent.
Respondents: U.S. government
agencies, State government agencies,
non-profit trade associations,
universities, agricultural cooperatives,
and private companies.
Estimated Number of Respondents:
50.
Estimated Number of Responses per
Respondent: 5.
Estimated Total Annual Burden on
Respondents: 1,600 hours.
Copies of this information collection
can be obtained from Tamoria
Thompson-Hall, the Agency Information
Collection Coordinator, at (202) 690–
1690.
Request for Comments: Send
comments regarding the accuracy of the
burden estimate and ways to minimize
the burden, including through the use of
automated collection techniques or
other forms of information technology,
or any other aspect of this collection of
information. Persons with disabilities
who require an alternative means for
communication of information (Braille,
large print, audiotape, etc.) should
contact USDA’s Target Center at (202)
720–2600 (voice and TDD).
Comments may be sent to Director,
Program Operations Division, Foreign
Agricultural Service, Portals Office
Building, Suite 400, 1250 Maryland
Avenue, SW., Washington, DC 20024
and the Desk Officer for Agriculture,
Office of Information and Regulatory
Affairs, Office of Management and
Budget, Washington, DC 20503.
Facsimile submissions may be sent to
(202) 720–9361 and electronic mail
submissions should be addressed to:
ppsadmin@fas.usda.gov.
All responses to this notice will be
summarized and included in the request
for OMB approval. All comments will
also become a matter of public record.
Signed at Washington, DC on January 27,
2009.
Suzanne Hale,
Acting Administrator, Foreign Agricultural
Service, and Acting Vice President,
Commodity Credit Corporation.
[FR Doc. E9–4698 Filed 3–4–09; 8:45 am]
BILLING CODE 3410–10–P
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DEPARTMENT OF AGRICULTURE
Commodity Credit Corporation
Notice of Request for Revision of
Currently Approved Information
Collection
AGENCY: Commodity Credit Corporation,
USDA.
ACTION: Notice and request for
comments.
SUMMARY: In accordance with the
Paperwork Reduction Act of 1995, this
notice announces the Commodity Credit
Corporation’s (CCC) intention to request
a revision from the Office of
Management and Budget (OMB) for a
currently approved information
collection process in support of the
Foreign Market Development
Cooperator’s (Cooperator) Program and
the Market Access Program (MAP).
DATES: Comments on this notice must be
received by May 4, 2009 to be assured
of consideration.
Additional Information or Comments:
Contact Director, Program Operations
Division, Foreign Agricultural Service,
Portals Office Building, Suite 400, 1250
Maryland Avenue, SW., Washington,
DC 20024, (202) 720–4327, fax: (202)
720–9361, e-mail:
ppsadmin@fas.usda.gov.
SUPPLEMENTARY INFORMATION:
Title: Foreign Market Development
(Cooperator) Program and Market
Access Program.
OMB Number: 0551–0026.
Expiration Date of Approval: June 30,
2009.
Type of Request: Revision of a
currently approved information
collection process.
Abstract: The primary objective of the
Cooperator’s Program and MAP is to
encourage and aid in the creation,
maintenance, and expansion of
commercial export markets for U.S.
agricultural products through cost-share
assistance to eligible trade
organizations. The programs are a
cooperative effort between CCC and
eligible trade organizations. Currently,
there are approximately 70
organizations participating directly in
the programs with activities in more
than 100 countries.
Prior to initiating program activities,
each Cooperator or MAP participant
must submit a detailed application to
the Foreign Agricultural Service (FAS)
which includes an assessment of
overseas market potential; market or
country strategies, constraints, goals,
and benchmarks; proposed market
development activities; estimated
budgets; and performance
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[Federal Register Volume 74, Number 42 (Thursday, March 5, 2009)]
[Notices]
[Pages 9584-9586]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-4655]
========================================================================
Notices
Federal Register
________________________________________________________________________
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.
========================================================================
Federal Register / Vol. 74, No. 42 / Thursday, March 5, 2009 /
Notices
[[Page 9584]]
DEPARTMENT OF AGRICULTURE
Office of the Secretary
Notice of Proposed Revision to the Privacy Act System of Records
AGENCY: Office of the Secretary, USDA.
ACTION: Notice of proposed revision to the Privacy Act System of
Records.
-----------------------------------------------------------------------
SUMMARY: In accordance with the Privacy Act of 1974, as amended, the
U.S. Department of Agriculture (USDA), Office of Inspector General
(OIG) is proposing a revision to its system of records, by creating the
Office of Audit's Research Aggregated Data Analysis Repository
(``RADAR''), USDA/OIG-8. RADAR will house USDA data collected by OIG in
order to detect fraud, waste, and abuse by utilizing software to match,
merge, and analyze the data. USDA invites public comment on this
revision of its records system.
DATES: Effective Date: This notice will be adopted without further
publication in the Federal Register on May 4, 2009 unless modified by a
subsequent notice to incorporate comments received from the public.
Comments must be received by the contact person listed below on or
before April 6, 2009.
FOR FURTHER INFORMATION CONTACT: Mr. David R. Gray, Counsel to the
Inspector General, Office of Inspector General, U.S. Department of
Agriculture, 1400 Independence Avenue, SW., Room 441-E, Washington, DC
20250-2308: (202) 720-9110, Facsimile: (202) 690-1528, e-mail:
drgray@oig.usda.gov.
SUPPLEMENTARY INFORMATION: In accordance with the Privacy Act, 5 U.S.C.
552a(e)(11), USDA OIG proposes to revise its system of records, by
adding a new Privacy Act system of records, USDA/OIG-8. The full system
of records was last published in the Federal Register on pages 61262-
61266, 62 FR 61262, et seq., November 17, 1997; and was last amended on
pages 21389-21391, 70 FR 21389, et seq., April 26, 2005; and on pages
43398-43400, 73 FR 43398, et seq., July 25, 2008.
OIG proposes to add a new system of records by adding USDA/OIG-8,
Office of Audit's Research Aggregated Data Analysis Repository
(``RADAR''). The RADAR system will contain information from other USDA
systems of records, and OIG has limited its usage to OIG employees on a
need-to-know basis.
All other aspects of OIG's system of records remain unchanged and
are as published. A ``Report on New System,'' required by 5 U.S.C.
552a(r), as implemented by Office of Management and Budget Circular A-
130, was sent to the Chairman, Committee on Homeland Security and
Governmental Affairs, United States Senate; the Chairman, Committee on
Oversight and Governmental Reform, U.S. House of Representatives; and
the Administrator, Office of Information and Regulatory Affairs, OMB.
Dated: February 25, 2009.
Thomas J. Vilsack,
Secretary.
USDA/OIG-8
System Name:
Office of Audit's Research Aggregated Data Analysis Repository
(``RADAR'') System, USDA/OIG.
Security Classification: None.
System Location:
In the headquarters offices of the U.S. Department of Agriculture
(USDA), Office of Inspector General (OIG), Jamie L. Whitten Federal
Building, 1400 Independence Avenue, SW., Washington, DC 20250.
Categories of Individuals Covered by the System:
Individuals who participate in programs funded, monitored, and
administered by USDA. Other individuals who are connected with the
individuals, organizations, or firms who participate in programs
funded, monitored, and administered by USDA, including the names of the
subjects of OIG audits and investigations; the counties, cities, and
States in which the subjects were located or had an interest in a USDA
program.
Categories of Records in the System:
RADAR will house USDA data in order to detect fraud, waste, and
abuse by utilizing software to match, merge, and analyze the data.
Authority for Maintenance of the System:
Inspector General Act of 1978, 5 U.S.C. app.; 5 U.S.C. 301
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
(1) A record from the system of records which indicates either by
itself or in combination with other information, a violation or
potential violation of a contract or of law, whether civil, criminal,
or regulatory, or which otherwise reflects on the qualifications or
fitness of a licensed (or seeking to be licensed) individual, may be
disclosed to a Federal, State, local, foreign, or self-regulatory
agency (including but not limited to organizations such as professional
associations or licensing boards), or other public authority that
investigates or prosecutes or assists in such investigation,
prosecution, enforcement, implementation, or issuance of the statute,
rule, regulation, order, or license.
(2) A record from the system of records may be disclosed to a
Federal, State, local, or foreign agency, other public authority,
consumer reporting agency, or professional organization maintaining
civil, criminal, or other relevant enforcement or other pertinent
records, such as current licenses, in order to obtain information
relevant to an OIG decision concerning employee retention or other
personnel action, issuance of a security clearance, letting of a
contract or other procurement action, issuance of a benefit,
establishment of a claim, collection of a delinquent debt, or
initiation of an administrative, civil, or criminal action.
(3) A record from the system of records may be disclosed to a
Federal, State, local, foreign, or self-regulatory agency (including
but not limited to organizations such as professional associations or
licensing boards), or other public authority, to the extent the
information is relevant and necessary to the requestor's hiring or
retention of an individual or any other personnel action, issuance or
revocation of a security clearance, license, grant, or other benefit,
establishment of a claim, letting of a contract, reporting of an
investigation of an individual, for purposes of a suspension or
debarment
[[Page 9585]]
action, or the initiation of administrative, civil, or criminal action.
(4) A record from the system of records may be disclosed to any
source--private or public--to the extent necessary to secure from such
source information relevant to a legitimate OIG investigation, audit,
or other inquiry.
(5) A record from the system of records may be disclosed to the
Department of Justice in the course of litigation when the use of such
records by the Department of Justice is deemed relevant and necessary
to the litigation and may be disclosed in a proceeding before a court,
adjudicative body, or administrative tribunal, or in the course of
civil discovery, litigation, or settlement negotiations, when a party
to a legal action or an entity or individual having an interest in the
litigation includes any of the following:
(a) The OIG or any component thereof;
(b) Any employee of the OIG in his or her official capacity;
(c) Any employee of the OIG in his or her individual capacity where
the Department of Justice has agreed to represent the employee; or
(d) The United States, where the OIG determines that litigation is
likely to affect USDA or any of its components.
(6) A record from the system of records may be disclosed to a
Member of Congress from the record of an individual in response to an
inquiry from the Member of Congress made at the request of that
individual. In such cases however, the Member's right to a record is no
greater than that of the individual.
(7) A record from the system of records may be disclosed to the
Department of Justice for the purpose of obtaining its advice on an OIG
audit, investigation, or other inquiry, including Freedom of
Information or Privacy Act matters.
(8) A record from the system of records may be disclosed to the
Office of Management and Budget for the purpose of obtaining its advice
regarding OIG obligations under the Privacy Act or in connection with
the review of private relief legislation.
(9) A record from the system of records may be disclosed to a
private firm with which OIG contemplates it will contract or with which
it has contracted for the purpose of performing any functions or
analyses that facilitate or are relevant to an OIG investigation,
audit, inspection, or other inquiry. Such contractor or private firm
shall be required to maintain Privacy Act safeguards with respect to
such information.
(10) A record from the system of records may be disclosed in
response to a subpoena issued by a Federal agency having the power to
subpoena records of other Federal agencies if the OIG determines that:
(a) The records are both relevant and necessary to the proceeding, and
(b) such release is compatible with the purpose for which the records
were collected.
(11) A record from the system of records may be disclosed to a
grand jury agent pursuant either 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, provided that the
grand jury channels its request through the cognizant U.S. Attorney,
that the U.S. Attorney has been delegated the authority to make such
requests by the Attorney General, and that the U.S. Attorney actually
signs the letter specifying both the information sought and the law
enforcement purpose served. In the case of a State grand jury subpoena,
the State equivalent of the U.S. Attorney and Attorney General shall be
substituted.
(12) A record from the system of records may be disclosed, as a
routine use, to a Federal, State, local, or foreign agency, or other
public authority, for use in computer matching programs to prevent and
detect fraud and abuse in benefit programs administered by any agency,
to support civil and criminal law enforcement activities of any agency
and its components, and to collect debts and overpayments owed to any
agency and its components.
(13) Relevant information from a system of records may be disclosed
to the news media and general public where there exists a legitimate
public interest, e.g., to assist in the location of fugitives, to
provide notification of arrests, or where necessary for protection from
imminent threat of life or property.
(14) A record may be disclosed to any official charged with the
responsibility to conduct qualitative assessment reviews or peer
reviews of internal safeguards and management procedures employed in
investigative operations. This disclosure category includes 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 the Department of Justice and the
Federal Bureau of Investigation.
(15) In the event that these records respond to an audit,
investigation or review, which is conducted pursuant to an authorizing
law, rule or regulation, and in particular those conducted at the
request of the President's Council on Integrity and Efficiency
(``PCIE'') pursuant to Executive Order 12993, the records may be
disclosed to the PCIE and other Federal agencies, as necessary.
(16) To appropriate agencies, entities, and persons when (1) OIG
suspects or has confirmed that the security or confidentiality of
information in the system of records has been compromised; (2) USDA 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 USDA or another agency
or entity) 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 USDA's efforts to respond to the
suspected or confirmed compromise and prevent, minimize, or remedy such
harm.
Storage:
The RADAR System consists of computerized and paper records.
Retrievability:
The records are retrieved by names, addresses, social security
numbers, and tax identification numbers of USDA program participants or
by case numbers.
Safeguards:
Computerized records are maintained in a secure, password protected
computer system. The computer server is maintained in a secure, access-
controlled area within an access-controlled building.
Paper records are kept in limited access areas during duty hours
and in locked offices during non-duty hours.
Retention and Disposal:
Records are retained and disposed of in accordance with USDA/OIG
Records Control Schedules approved by the National Archives and Records
Administration.
System Manager(s) and Address:
Assistant Inspector General for Audit, Office of Inspector General,
U.S. Department of Agriculture, 1400 Independence Avenue, SW.,
Washington, DC 20250.
Record Access Procedures:
To request access to information in this system, write to the
Assistant Inspector General for Audit, Office of Inspector General,
U.S. Department of
[[Page 9586]]
Agriculture, 1400 Independence Avenue, SW., Washington, DC 20250.
Contesting Records Procedure:
An individual may contest information in this system which pertains
to him/her by submitting a written request to the Assistant Inspector
General for Audit, Office of Inspector General, U.S. Department of
Agriculture, 1400 Independence Avenue, SW., Washington, DC 20250. This
system may contain records originated by USDA agencies and contained in
the USDA's other systems of records. Where appropriate, coordination
will be effected with the appropriate USDA agency regarding an
individual's contesting of records in the relevant system of records.
[FR Doc. E9-4655 Filed 3-4-09; 8:45 am]
BILLING CODE 3410-23-P
