Departmental Offices; Privacy Act of 1974, as Amended, 36823-36825 [E9-17684]
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Federal Register / Vol. 74, No. 141 / Friday, July 24, 2009 / Notices
received into any of our dockets by the
name of the individual submitting the
comment (or signing the comment, if
submitted on behalf of an association,
business, labor union, etc.). You may
review DOT’s complete Privacy Act
Statement in the Federal Register
published on April 11, 2000 (Volume
65, Number 70; Pages 19477–78).
Dated: July 16, 2009.
By Order of the Maritime Administrator.
Christine Gurland,
Acting Secretary, Maritime Administration.
[FR Doc. E9–17613 Filed 7–23–09; 8:45 am]
BILLING CODE 4910–81–P
DEPARTMENT OF TRANSPORTATION
Maritime Administration
[Docket No. MARAD–2009 0063]
Requested Administrative Waiver of
the Coastwise Trade Laws
srobinson on DSKHWCL6B1PROD with NOTICES
AGENCY: Maritime Administration,
Department of Transportation.
ACTION: Invitation for public comments
on a requested administrative waiver of
the Coastwise Trade Laws for the vessel
SWANY.
SUMMARY: As authorized by 46 U.S.C.
12121, the Secretary of Transportation,
as represented by the Maritime
Administration (MARAD), is authorized
to grant waivers of the U.S.-build
requirement of the coastwise laws under
certain circumstances. A request for
such a waiver has been received by
MARAD. The vessel, and a brief
description of the proposed service, is
listed below. The complete application
is given in DOT docket MARAD–2009–
0063 at https://www.regulations.gov.
Interested parties may comment on the
effect this action may have on U.S.
vessel builders or businesses in the U.S.
that use U.S.-flag vessels. If MARAD
determines, in accordance with 46
U.S.C. 12121 and MARAD’s regulations
at 46 CFR part 388 (68 FR 23084; April
30, 2003), that the issuance of the
waiver will have an unduly adverse
effect on a U.S.-vessel builder or a
business that uses U.S.-flag vessels in
that business, a waiver will not be
granted. Comments should refer to the
docket number of this notice and the
vessel name in order for MARAD to
properly consider the comments.
Comments should also state the
commenter’s interest in the waiver
application, and address the waiver
criteria given in § 388.4 of MARAD’s
regulations at 46 CFR part 388.
DATES: Submit comments on or before
August 24, 2009.
VerDate Nov<24>2008
18:55 Jul 23, 2009
Jkt 217001
Comments should refer to
docket number MARAD–2009–0063.
Written comments may be submitted by
hand or by mail to the Docket Clerk,
U.S. Department of Transportation,
Docket Operations, M–30, West
Building Ground Floor, Room W12–140,
1200 New Jersey Avenue, SE.,
Washington, DC 20590. You may also
send comments electronically via the
Internet at https://www.regulations.gov.
All comments will become part of this
docket and will be available for
inspection and copying at the above
address between 10 a.m. and 5 p.m.,
E.T., Monday through Friday, except
federal holidays. An electronic version
of this document and all documents
entered into this docket is available on
the World Wide Web at https://
www.regulations.gov.
ADDRESSES:
FOR FURTHER INFORMATION CONTACT:
Joann Spittle, U.S. Department of
Transportation, Maritime
Administration, 1200 New Jersey
Avenue, SE., Room W21–203,
Washington, DC 20590. Telephone 202–
366–5979.
As
described by the applicant the intended
service of the vessel SWANY is:
Intended Use: ‘‘The applicant
proposes to use the vessel for day and
overnight charters and sightseeing.’’
Geographic Region: ‘‘Maine, New
Hampshire, Massachusetts, Rhode
Island, Connecticut, New York,
Pennsylvania, Delaware, New Jersey,
Maryland, Virginia, District of
Columbia, North Carolina, South
Carolina, Georgia, and Florida.’’
SUPPLEMENTARY INFORMATION:
Privacy Act
Anyone is able to search the
electronic form of all comments
received into any of our dockets by the
name of the individual submitting the
comment (or signing the comment, if
submitted on behalf of an association,
business, labor union, etc.). You may
review DOT’s complete Privacy Act
Statement in the Federal Register
published on April 11, 2000 (Volume
65, Number 70; Pages 19477–78).
Dated: July 2, 2009.
By Order of the Maritime Administrator.
Christine Gurland,
Acting Secretary, Maritime Administration.
[FR Doc. E9–16251 Filed 7–23–09; 8:45 am]
BILLING CODE 4910–81–P
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36823
DEPARTMENT OF THE TREASURY
Departmental Offices; Privacy Act of
1974, as Amended
AGENCY: Office of Financial Stability,
Treasury.
ACTION: Notice of Proposed Privacy Act
System of Records.
SUMMARY: In accordance with the
requirements of the Privacy Act of 1974,
5 U.S.C. 552a, and the Office of
Management and Budget (‘‘OMB’’)
Circular A–130 and Memorandum M–
07–16, the Department of the Treasury
(the ‘‘Department’’), Office of Financial
Stability (‘‘OFS’’) gives notice of a
proposed system of records entitled,
‘‘Treasury/DO .219—TARP Standards
for Compensation and Corporate
Governance—Executive Compensation
Information System.’’
DATES: Comments must be received no
later than August 24, 2009. The
proposed new system of records will be
effective September 2, 2009 unless
comments are received which would
result in a contrary determination.
ADDRESSES: Written comments should
be sent to the Department of the
Treasury, ATTN: Director, Office of
Financial Stability, 1500 Pennsylvania
Avenue, NW., Washington, DC 20220.
The Department will make such
comments available for public
inspection and copying in the
Department’s Library, Room 1428, Main
Treasury Building, 1500 Pennsylvania
Avenue, NW., Washington, DC 20220,
on official business days between the
hours of 10 a.m. and 5 p.m. Eastern
Daylight Time. You can make an
appointment to inspect comments by
telephoning (202) 622–0990. All
comments received, including
attachments and other supporting
materials, are part of the public record
and subject to public disclosure. You
should submit only information that
you wish to make available publicly.
FOR FURTHER INFORMATION CONTACT:
Robert Jackson, Jr., Department of the
Treasury, 1500 Pennsylvania Avenue,
NW., Washington, DC 20220, at 202–
622–0667 or via electronic mail at
robert.jackson@do.treas.gov.
OFS is
establishing the TARP Standards for
Compensation and Corporate
Governance—Executive Compensation
Information System to assist the
Department in carrying out its
responsibilities under Section 111 of the
Emergency Economic Stabilization Act
of 2008 (‘‘EESA’’), as amended by the
American Recovery and Reinvestment
Act of 2009 (‘‘ARRA’’), to provide
SUPPLEMENTARY INFORMATION:
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Federal Register / Vol. 74, No. 141 / Friday, July 24, 2009 / Notices
guidance on the executive
compensation and corporate governance
provisions of EESA that apply to entities
that receive financial assistance under
the Troubled Asset Relief Program
(‘‘TARP’’).
The information collected and
maintained by the Department within
this system of records is obtained from
the TARP recipient. The information
pertains to executive officers identified
in the TARP recipient’s annual report
on Form 10–K or proxy statement.
Information from the TARP recipient
may also include information about
compensation payments or structures
for a TARP recipient’s most highly
compensated employees who are not
senior executive officers but are
potentially subject to the restrictions
imposed by either EESA or ARRA, or
other employees not subject to these
restrictions but with respect to whom
the Department provides guidance.
The report of a new system of records,
as required by 5 U.S.C. 552a(r) of the
Privacy Act, has been submitted to the
Committee on Oversight and
Government Reform of the House of
Representatives; the Committee on
Homeland Security and Governmental
Affairs of the Senate, and the Office of
Management and Budget, pursuant to
Appendix I to OMB Circular A–130,
‘‘Federal Agency Responsibilities for
Maintaining Records About
Individuals,’’ dated November 30, 2000.
The proposed system of records
entitled, ‘‘Treasury/DO.219—TARP
Standards for Compensation and
Corporate Governance—Executive
Compensation Information’’ is
published in its entirety below.
Dated: July 17, 2009.
Elizabeth Cuffe,
Deputy Assistant Secretary for Privacy and
Treasury Records.
Treasury/DO–219
CATEGORIES OF RECORDS IN THE SYSTEM:
SYSTEM NAME:
TARP Standards for Compensation
and Corporate Governance—Executive
Compensation Information.
SYSTEM LOCATION:
srobinson on DSKHWCL6B1PROD with NOTICES
Office of Financial Stability,
Department of the Treasury, 1500
Pennsylvania Avenue, NW.,
Washington, DC 20220.
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
a. Senior Executive Officers or
‘‘SEOs.’’ SEOs of TARP recipients will
be covered by the system. The term
‘‘SEO’’ means an employee of the TARP
recipient who is a ‘‘named executive
officer,’’ as that term is defined by
VerDate Nov<24>2008
Instruction 1 to Item 402(a)(3) of
Regulation S–K of the Federal securities
laws. 17 CFR 229.402(a). A TARP
recipient that is a ‘‘smaller reporting
company,’’ as that term is defined by
Item 10 of Regulation S–K, 17 CFR
229.10, is required to identify SEOs
consistent with the immediately
preceding sentence. A TARP recipient
that is a ‘‘smaller reporting company’’
must identify at least five SEOs, even if
only three named executive officers are
provided in the disclosure pursuant to
Item 402(m)(2) of Regulation S–K, 17
CFR 229.402(m)(2), provided that no
employee must be identified as an SEO
if the employee’s total annual
compensation does not exceed $100,000
as defined in Item 402(a)(3)(1) of
Regulation S–K. 17 CFR
229.402(a)(3)(1).
b. Most highly compensated
employees. Most highly compensated
employees of TARP recipients will be
covered by the system. The term ‘‘most
highly compensated employee’’ means
the employee of the TARP recipient
whose annual compensation is
determined to be the highest among all
employees of the TARP recipient,
provided that, for this purpose, a former
employee who is no longer employed as
of the first day of the relevant fiscal year
of the TARP recipient is not a most
highly compensated employee unless it
is reasonably anticipated that such
employee will return to employment
with the TARP recipient during such
fiscal year.
c. Other employees. Certain other
employees of TARP recipients may be
covered by the system in the event that
the TARP recipient or the employee
requests guidance from the Department
with respect to the employee’s
compensation or the Department
otherwise provides guidance with
respect to the employee’s compensation.
18:55 Jul 23, 2009
Jkt 217001
The categories of records include, but
are not limited to, identifying
information such as: name(s), employer;
employee identification number,
position, and quantitative and
qualitative information with respect to
the employee’s performance.
The types of records in the system
may be:
a. Comprehensive compensation data
provided by the individual’s employer
for current and prior years.
b. Information relating to
compensation plan design and
documentation.
c. Company performance data relating
to compensation plans.
PO 00000
Frm 00176
Fmt 4703
Sfmt 4703
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
This system of records is authorized
by 31 U.S.C. 321 as well as Section 111
of the Emergency Economic
Stabilization Act of 2008 (‘‘EESA’’), as
amended by the American Recovery and
Reinvestment Act of 2009 (‘‘ARRA’’). 12
U.S.C. 5221.
PURPOSE(S):
The Department of the Treasury
collects this information from each
TARP recipient in connection with the
review of compensation payments and
compensation structures applicable to
SEOs and certain highly compensated
employees. Information with respect to
certain payments to highly compensated
employees will also be reviewed in
connection with a determination of
whether such payments were
inconsistent with the purposes of
section 111 of EESA or TARP, or were
otherwise contrary to the public
interest.
ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES OF USERS AND
THE PURPOSES OF SUCH USES:
These records may be used:
1. To disclose pertinent information
to the appropriate Federal, State, or
local agency responsible for
investigating or prosecuting a violation
of, or enforcing or implementing, a
statute, rule, regulation, or order, where
the Department becomes aware of a
potential violation of civil or criminal
law or regulation, rule or order.
2. 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 who is the
subject of the record.
3. To disclose information to another
Federal agency, to a court, or a party in
litigation before a court or in an
administrative proceeding being
conducted by a Federal agency, when
the Federal Government is a party to the
judicial or administrative proceeding. In
those cases where the Federal
Government is not a party to the
proceeding, records may be disclosed if
a subpoena has been signed by a court
of competent jurisdiction and Agency
Touhy regulations are followed. See 31
CFR 1.8 et seq.
4. To disclose information to the
National Archives and Records
Administration (NARA) for use in its
records management inspections and its
role as an Archivist.
5. To disclose information to the
United States Department of Justice
(‘‘DOJ’’), for the purpose of representing
or providing legal advice to the
Department in a proceeding before a
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Federal Register / Vol. 74, No. 141 / Friday, July 24, 2009 / Notices
court, adjudicative body, or other
administrative body before which the
Department is authorized to appear,
when such proceeding involves:
(A) The Department or any
component thereof;
(B) Any employee of the Department
in his or her official capacity;
(C) Any employee of the Department
in his or her individual capacity where
the Department of Justice or the
Department has agreed to represent the
employee; or
(D) The United States, when the
Department determines that litigation is
likely to affect the Department or any of
its components;
srobinson on DSKHWCL6B1PROD with NOTICES
and the use of such records by the DOJ is
deemed by the DOJ or the Department to be
relevant and necessary to the litigation
provided that the disclosure is compatible
with the purpose for which records were
collected.
6. To contractors and their agents,
grantees, experts, consultants, and
others performing or working on a
contract, service, grant, cooperative
agreement, or other assignment for the
Department, when necessary to
accomplish an agency function related
to this system of records. Individuals
provided information under this routine
use are subject to the same Privacy Act
requirements and limitations on
disclosure as are applicable to
Department officers and employees.
7. To appropriate agencies, entities,
and persons when: (a) The Department
suspects or has confirmed that the
security or confidentiality of
information in the system of records has
been compromised; (b) the Department
has determined that as a result of the
suspected or confirmed compromise
that 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 the
Department or another agency or entity)
that rely upon the compromised
information; and (c) the disclosure made
to such agencies, entities, and persons is
reasonably necessary to assist in
connection with the Department’s
efforts to respond to the suspected or
confirmed compromise and prevent,
minimize, or remedy such harm.
8. In limited circumstances, for the
purpose of compiling or otherwise
refining records that may be disclosed to
the public in the form of summary
reports or other analyses provided on a
Department Web site.
VerDate Nov<24>2008
18:55 Jul 23, 2009
Jkt 217001
POLICIES AND PRACTICES FOR STORING,
RETRIEVING, SAFEGUARDING, RETAINING AND
DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
36825
EXEMPTIONS CLAIMED FOR THE SYSTEM:
None.
[FR Doc. E9–17684 Filed 7–23–09; 8:45 am]
BILLING CODE 4810–25–P
These records are maintained in both
an electronic format, including (but not
limited to) on magnetic tapes, disks,
microfiche, and hardcopy paper reports.
DEPARTMENT OF THE TREASURY
Office of Foreign Assets Control
RETRIEVABILITY:
These records may be retrieved by
various combinations of employer
name, individual name, position and/or
level of compensation.
SAFEGUARDS:
Data in electronic format is encrypted
or password protected. Direct access is
limited to employees within the Office
of Financial Stability whose duties
require access. The building where the
records are maintained is locked after
hours and has a 24-hour security guard.
Personnel screening and training are
employed to prevent unauthorized
disclosure.
RETENTION AND DISPOSAL:
The records will be maintained
indefinitely until a record disposition
schedule submitted to the National
Archives Records Administration has
been approved.
SYSTEM MANAGER(S) AND ADDRESS:
Director, Office of Compliance, U.S.
Department of the Treasury, 1500
Pennsylvania Avenue, Washington, DC
20220.
NOTIFICATION PROCEDURE:
Individuals seeking notification and
access to any record contained in the
system of records, or seeking to contest
its contents, should contact the system
manager. Individuals must furnish the
following information for their records
to be located and identified:
a. Name.
b. Employer.
c. Signature.
d. Contact information.
[Individuals requesting amendment of
their records must also follow the
Department’s Privacy Act regulations
regarding verification of identity and
amendment of records (31 CFR part 1
subpart C, appendix A).]
RECORD ACCESS PROCEDURE:
See ‘‘Notification procedure,’’ above.
CONTESTING RECORD PROCEDURE:
See ‘‘Notification procedure,’’’ above.
RECORD SOURCE CATEGORIES:
The information in this system is
obtained from the individual’s
employer.
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Additional Designations, Foreign
Narcotics Kingpin Designation Act
AGENCY: Office of Foreign Assets
Control, Treasury.
ACTION: Notice.
SUMMARY: The Treasury Department’s
Office of Foreign Assets Control
(‘‘OFAC’’) is publishing the name of 4
individuals whose property and
interests in property have been blocked
pursuant to the Foreign Narcotics
Kingpin Designation Act (‘‘Kingpin
Act’’) (21 U.S.C. 1901–1908, 8 U.S.C.
1182).
DATES: The designation by the Director
of OFAC of the 4 individuals identified
in this notice pursuant to section 805(b)
of the Kingpin Act is effective on July
20, 2009.
FOR FURTHER INFORMATION CONTACT:
Assistant Director, Compliance
Outreach & Implementation, Office of
Foreign Assets Control, Department of
the Treasury, Washington, DC 20220,
tel.: 202/622–2490.
SUPPLEMENTARY INFORMATION:
Electronic and Facsimile Availability
This document and additional
information concerning OFAC are
available on OFAC’s Web site (https://
www.treas.gov/ofac) or via facsimile
through a 24-hour fax-on demand
service, tel.: (202) 622–0077.
Background
The Kingpin Act became law on
December 3, 1999. The Kingpin Act
establishes a program targeting the
activities of significant foreign narcotics
traffickers and their organizations on a
worldwide basis. It provides a statutory
framework for the President to impose
sanctions against significant foreign
narcotics traffickers and their
organizations on a worldwide basis,
with the objective of denying their
businesses and agents access to the U.S.
financial system and to the benefits of
trade and transactions involving U.S.
companies and individuals.
The Kingpin Act blocks all property
and interests in property, subject to U.S.
jurisdiction, owned or controlled by
significant foreign narcotics traffickers
as identified by the President. In
addition, the Secretary of the Treasury
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]]>Agencies
[Federal Register Volume 74, Number 141 (Friday, July 24, 2009)]
[Notices]
[Pages 36823-36825]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-17684]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE TREASURY
Departmental Offices; Privacy Act of 1974, as Amended
AGENCY: Office of Financial Stability, Treasury.
ACTION: Notice of Proposed Privacy Act System of Records.
-----------------------------------------------------------------------
SUMMARY: In accordance with the requirements of the Privacy Act of
1974, 5 U.S.C. 552a, and the Office of Management and Budget (``OMB'')
Circular A-130 and Memorandum M-07-16, the Department of the Treasury
(the ``Department''), Office of Financial Stability (``OFS'') gives
notice of a proposed system of records entitled, ``Treasury/DO .219--
TARP Standards for Compensation and Corporate Governance--Executive
Compensation Information System.''
DATES: Comments must be received no later than August 24, 2009. The
proposed new system of records will be effective September 2, 2009
unless comments are received which would result in a contrary
determination.
ADDRESSES: Written comments should be sent to the Department of the
Treasury, ATTN: Director, Office of Financial Stability, 1500
Pennsylvania Avenue, NW., Washington, DC 20220. The Department will
make such comments available for public inspection and copying in the
Department's Library, Room 1428, Main Treasury Building, 1500
Pennsylvania Avenue, NW., Washington, DC 20220, on official business
days between the hours of 10 a.m. and 5 p.m. Eastern Daylight Time. You
can make an appointment to inspect comments by telephoning (202) 622-
0990. All comments received, including attachments and other supporting
materials, are part of the public record and subject to public
disclosure. You should submit only information that you wish to make
available publicly.
FOR FURTHER INFORMATION CONTACT: Robert Jackson, Jr., Department of the
Treasury, 1500 Pennsylvania Avenue, NW., Washington, DC 20220, at 202-
622-0667 or via electronic mail at robert.jackson@do.treas.gov.
SUPPLEMENTARY INFORMATION: OFS is establishing the TARP Standards for
Compensation and Corporate Governance--Executive Compensation
Information System to assist the Department in carrying out its
responsibilities under Section 111 of the Emergency Economic
Stabilization Act of 2008 (``EESA''), as amended by the American
Recovery and Reinvestment Act of 2009 (``ARRA''), to provide
[[Page 36824]]
guidance on the executive compensation and corporate governance
provisions of EESA that apply to entities that receive financial
assistance under the Troubled Asset Relief Program (``TARP'').
The information collected and maintained by the Department within
this system of records is obtained from the TARP recipient. The
information pertains to executive officers identified in the TARP
recipient's annual report on Form 10-K or proxy statement. Information
from the TARP recipient may also include information about compensation
payments or structures for a TARP recipient's most highly compensated
employees who are not senior executive officers but are potentially
subject to the restrictions imposed by either EESA or ARRA, or other
employees not subject to these restrictions but with respect to whom
the Department provides guidance.
The report of a new system of records, as required by 5 U.S.C.
552a(r) of the Privacy Act, has been submitted to the Committee on
Oversight and Government Reform of the House of Representatives; the
Committee on Homeland Security and Governmental Affairs of the Senate,
and the Office of Management and Budget, pursuant to Appendix I to OMB
Circular A-130, ``Federal Agency Responsibilities for Maintaining
Records About Individuals,'' dated November 30, 2000.
The proposed system of records entitled, ``Treasury/DO.219--TARP
Standards for Compensation and Corporate Governance--Executive
Compensation Information'' is published in its entirety below.
Dated: July 17, 2009.
Elizabeth Cuffe,
Deputy Assistant Secretary for Privacy and Treasury Records.
Treasury/DO-219
System name:
TARP Standards for Compensation and Corporate Governance--Executive
Compensation Information.
System Location:
Office of Financial Stability, Department of the Treasury, 1500
Pennsylvania Avenue, NW., Washington, DC 20220.
Categories of individuals covered by the system:
a. Senior Executive Officers or ``SEOs.'' SEOs of TARP recipients
will be covered by the system. The term ``SEO'' means an employee of
the TARP recipient who is a ``named executive officer,'' as that term
is defined by Instruction 1 to Item 402(a)(3) of Regulation S-K of the
Federal securities laws. 17 CFR 229.402(a). A TARP recipient that is a
``smaller reporting company,'' as that term is defined by Item 10 of
Regulation S-K, 17 CFR 229.10, is required to identify SEOs consistent
with the immediately preceding sentence. A TARP recipient that is a
``smaller reporting company'' must identify at least five SEOs, even if
only three named executive officers are provided in the disclosure
pursuant to Item 402(m)(2) of Regulation S-K, 17 CFR 229.402(m)(2),
provided that no employee must be identified as an SEO if the
employee's total annual compensation does not exceed $100,000 as
defined in Item 402(a)(3)(1) of Regulation S-K. 17 CFR
229.402(a)(3)(1).
b. Most highly compensated employees. Most highly compensated
employees of TARP recipients will be covered by the system. The term
``most highly compensated employee'' means the employee of the TARP
recipient whose annual compensation is determined to be the highest
among all employees of the TARP recipient, provided that, for this
purpose, a former employee who is no longer employed as of the first
day of the relevant fiscal year of the TARP recipient is not a most
highly compensated employee unless it is reasonably anticipated that
such employee will return to employment with the TARP recipient during
such fiscal year.
c. Other employees. Certain other employees of TARP recipients may
be covered by the system in the event that the TARP recipient or the
employee requests guidance from the Department with respect to the
employee's compensation or the Department otherwise provides guidance
with respect to the employee's compensation.
Categories of records in the system:
The categories of records include, but are not limited to,
identifying information such as: name(s), employer; employee
identification number, position, and quantitative and qualitative
information with respect to the employee's performance.
The types of records in the system may be:
a. Comprehensive compensation data provided by the individual's
employer for current and prior years.
b. Information relating to compensation plan design and
documentation.
c. Company performance data relating to compensation plans.
Authority for maintenance of the system:
This system of records is authorized by 31 U.S.C. 321 as well as
Section 111 of the Emergency Economic Stabilization Act of 2008
(``EESA''), as amended by the American Recovery and Reinvestment Act of
2009 (``ARRA''). 12 U.S.C. 5221.
Purpose(s):
The Department of the Treasury collects this information from each
TARP recipient in connection with the review of compensation payments
and compensation structures applicable to SEOs and certain highly
compensated employees. Information with respect to certain payments to
highly compensated employees will also be reviewed in connection with a
determination of whether such payments were inconsistent with the
purposes of section 111 of EESA or TARP, or were otherwise contrary to
the public interest.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
These records may be used:
1. To disclose pertinent information to the appropriate Federal,
State, or local agency responsible for investigating or prosecuting a
violation of, or enforcing or implementing, a statute, rule,
regulation, or order, where the Department becomes aware of a potential
violation of civil or criminal law or regulation, rule or order.
2. 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 who is the subject of the
record.
3. To disclose information to another Federal agency, to a court,
or a party in litigation before a court or in an administrative
proceeding being conducted by a Federal agency, when the Federal
Government is a party to the judicial or administrative proceeding. In
those cases where the Federal Government is not a party to the
proceeding, records may be disclosed if a subpoena has been signed by a
court of competent jurisdiction and Agency Touhy regulations are
followed. See 31 CFR 1.8 et seq.
4. To disclose information to the National Archives and Records
Administration (NARA) for use in its records management inspections and
its role as an Archivist.
5. To disclose information to the United States Department of
Justice (``DOJ''), for the purpose of representing or providing legal
advice to the Department in a proceeding before a
[[Page 36825]]
court, adjudicative body, or other administrative body before which the
Department is authorized to appear, when such proceeding involves:
(A) The Department or any component thereof;
(B) Any employee of the Department in his or her official capacity;
(C) Any employee of the Department in his or her individual
capacity where the Department of Justice or the Department has agreed
to represent the employee; or
(D) The United States, when the Department determines that
litigation is likely to affect the Department or any of its components;
and the use of such records by the DOJ is deemed by the DOJ or the
Department to be relevant and necessary to the litigation provided
that the disclosure is compatible with the purpose for which records
were collected.
6. To contractors and their agents, grantees, experts, consultants,
and others performing or working on a contract, service, grant,
cooperative agreement, or other assignment for the Department, when
necessary to accomplish an agency function related to this system of
records. Individuals provided information under this routine use are
subject to the same Privacy Act requirements and limitations on
disclosure as are applicable to Department officers and employees.
7. To appropriate agencies, entities, and persons when: (a) The
Department suspects or has confirmed that the security or
confidentiality of information in the system of records has been
compromised; (b) the Department has determined that as a result of the
suspected or confirmed compromise that 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 the Department or another agency or entity) that
rely upon the compromised information; and (c) the disclosure made to
such agencies, entities, and persons is reasonably necessary to assist
in connection with the Department's efforts to respond to the suspected
or confirmed compromise and prevent, minimize, or remedy such harm.
8. In limited circumstances, for the purpose of compiling or
otherwise refining records that may be disclosed to the public in the
form of summary reports or other analyses provided on a Department Web
site.
Policies and practices for storing, retrieving, safeguarding, retaining
and disposing of records in the system:
Storage:
These records are maintained in both an electronic format,
including (but not limited to) on magnetic tapes, disks, microfiche,
and hardcopy paper reports.
Retrievability:
These records may be retrieved by various combinations of employer
name, individual name, position and/or level of compensation.
Safeguards:
Data in electronic format is encrypted or password protected.
Direct access is limited to employees within the Office of Financial
Stability whose duties require access. The building where the records
are maintained is locked after hours and has a 24-hour security guard.
Personnel screening and training are employed to prevent unauthorized
disclosure.
Retention and disposal:
The records will be maintained indefinitely until a record
disposition schedule submitted to the National Archives Records
Administration has been approved.
System manager(s) and address:
Director, Office of Compliance, U.S. Department of the Treasury,
1500 Pennsylvania Avenue, Washington, DC 20220.
Notification procedure:
Individuals seeking notification and access to any record contained
in the system of records, or seeking to contest its contents, should
contact the system manager. Individuals must furnish the following
information for their records to be located and identified:
a. Name.
b. Employer.
c. Signature.
d. Contact information.
[Individuals requesting amendment of their records must also follow
the Department's Privacy Act regulations regarding verification of
identity and amendment of records (31 CFR part 1 subpart C, appendix
A).]
Record access procedure:
See ``Notification procedure,'' above.
Contesting record procedure:
See ``Notification procedure,''' above.
Record source categories:
The information in this system is obtained from the individual's
employer.
Exemptions claimed for the system:
None.
[FR Doc. E9-17684 Filed 7-23-09; 8:45 am]
BILLING CODE 4810-25-P
