Privacy Act of 1974; System of Records, 60302-60305 [E9-27899]
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60302
Federal Register / Vol. 74, No. 223 / Friday, November 20, 2009 / Notices
SUPPLEMENTARY INFORMATION:
I. Introduction
II. Notice of Filing
III. Ordering Paragraphs
I. Introduction
srobinson on DSKHWCL6B1PROD with NOTICES
On November 12, 2009, the Postal
Service filed a notice announcing that it
has entered into an additional Global
Expedited Package Services 2 (GEPS 2)
contract.1
GEPS 2 provides volume-based
incentives for mailers that send large
volumes of Express Mail International
(EMI) and/or Priority Mail International
(PMI). The Postal Service believes the
instant contract is functionally
equivalent to the previously submitted
GEPS 2 contracts and is supported by
the Governors’ Decision filed in Docket
No. CP2008–4.2 Id. at 1.
The instant contract. The Postal
Service filed the instant contract
pursuant to 39 CFR 3015.5. In addition,
the Postal Service contends that the
contract is in accordance with Order No.
290.3 In Order No. 328, the Commission
approved an extension of the current
contract with this customer in order for
the Postal Service to complete its
internal procedures and file the instant
contract for regulatory review.4 The
term of the instant contract is 1 year
from the completion of the regulatory
review. Notice at 2–3.
In support of its Notice, the Postal
Service filed four attachments as
follows:
1. Attachment 1—an application for
non-public treatment of materials to
maintain the contract and supporting
documents under seal;
2. Attachment 2—a redacted copy of
Governors’ Decision No. 08–7 which
establishes prices and classifications for
GEPS contracts, a description of
applicable GEPS contracts, formulas for
prices, an analysis and certification of
the formulas and certification of the
Governors’ vote;
3. Attachment 3—a redacted copy of
the contract and applicable annexes;
and
1 Notice of United States Postal Service Filing of
Functionally Equivalent Global Expedited Package
Services 2 Negotiated Service Agreement and
Application for Non-Public Treatment of Materials
Filed Under Seal, November 12, 2009 (Notice).
2 See Docket No. CP2008–4, Notice of United
States Postal Service of Governors’ Decision
Establishing Prices and Classifications for Global
Expedited Package Services Contracts, May 20,
2008.
3 See Docket No. CP2009–50, Order Granting
Clarification and Adding Global Expedited Package
Services 2 to the Competitive Product List, August
28, 2009 (Order No. 290).
4 See Docket No. CP2008–23, Order Granting
Motion for Temporary Relief, October 29, 2009
(Order No. 328).
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4. Attachment 4—a certified statement
required by 39 CFR 3015.5(c)(2).
Functional equivalency. The Postal
Service asserts that the instant contract
is functionally equivalent to the contract
in Docket No. CP2009–50 and prior
GEPS 2 contracts. Id. at 3–4. It also
contends that the instant contract meets
the requirements of Governors’ Decision
No. 08–7 for rates for GEPS contracts.
Id. at 3. The Postal Service states that
the basic difference between the
contract in Docket No. CP2009–50 and
the instant contract is customer-specific
information including the customer’s
name, address, representative to receive
notices, identity of the signatory, and
provisions clarifying tender locations,
minimum revenue and/or volume
requirements, and liquidated damages.
Id. at 3–4. It asserts that the instant
contract and all GEPS 2 contracts have
similar cost and market characteristics
and is functionally equivalent in all
relevant aspects. Id. at 4. The Postal
Service concludes that this contract is in
compliance with 39 U.S.C. 3633, and
requests that this contract be included
within the GEPS 2 product. Id.
II. Notice of Filing
The Commission establishes Docket
No. CP2010–10 for consideration of
matters related to the contract identified
in the Postal Service’s Notice.
Interested persons may submit
comments on whether the Postal
Service’s contract is consistent with the
policies of 39 U.S.C. 3632, 3633 or 3642.
Comments are due no later than
November 23, 2009. The public portions
of these filings can be accessed via the
Commission’s Web site (https://
www.prc.gov).
The Commission appoints Paul L.
Harrington to serve as Public
Representative in this proceeding.
III. Ordering Paragraphs
It is ordered:
1. The Commission establishes Docket
No. CP2010–10 for consideration of the
issues raised in this docket.
2. Comments by interested persons in
these proceedings are due no later than
November 23, 2009.
3, Pursuant to 39 U.S.C. 505, Paul L.
Harrington is appointed to serve as
officer of the Commission (Public
Representative) to represent the
interests of the general public in this
proceeding.
4. The Secretary shall arrange for
publication of this order in the Federal
Register.
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By the Commission.
Judith M. Grady,
Acting Secretary.
[FR Doc. E9–27936 Filed 11–19–09; 8:45 am]
BILLING CODE 7710–FW–S
RECOVERY ACCOUNTABILITY AND
TRANSPARENCY BOARD
Privacy Act of 1974; System of
Records
AGENCY: Recovery Accountability and
Transparency Board
ACTION: Notice of new Privacy Act
systems of records.
SUMMARY: The Recovery Accountability
and Transparency Board (Board or
RATB) proposes two new systems of
records subject to the Privacy Act of
1974, as amended (Privacy Act or the
Act), entitled ‘‘RATB Investigative
Files’’ and ‘‘RATB Fraud Hotline
Program Files.’’
ADDRESSES: Comments may be
submitted:
By Mail or Hand Delivery: Jennifer
Dure, Office of General Counsel,
Recovery Accountability and
Transparency Board, 1717 Pennsylvania
Avenue, NW., Suite 700, Washington,
DC 20006;
By Fax: (202) 254–7970; or
By E-mail to the Board:
comments@ratb.gov.
All comments on the proposed new
systems of records should be clearly
identified as such.
FOR FURTHER INFORMATION CONTACT:
Jennifer Dure, General Counsel,
Recovery Accountability and
Transparency Board, 1717 Pennsylvania
Avenue, NW., Suite 700, Washington,
DC 20006, (202) 254–7900.
SUPPLEMENTARY INFORMATION: Title 5
U.S.C. 552a(e)(4) and (11) provide that
the public be given a 30-day period in
which to comment on any new routine
use of a system of records. The Office
of Management and Budget (OMB),
which has oversight responsibilities
under the Act, requires a 40-day period
in which to conclude its review of the
new systems. Therefore, please submit
any comments by December 30, 2009.
In accordance with 5 U.S.C. 552a(r),
the Board has provided a report to OMB
and the Congress on the proposed
systems of records.
Recovery Accountability and
Transparency Board
Table of Contents
RATB—11—RATB Investigative Files.
RATB—12—RATB Fraud Hotline Program
Files.
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Federal Register / Vol. 74, No. 223 / Friday, November 20, 2009 / Notices
RATB—11
SYSTEM NAME:
RATB Investigative Files.
SECURITY CLASSIFICATION:
The majority of the information in the
system is Sensitive but Unclassified.
SYSTEM LOCATION:
Recovery Accountability and
Transparency Board, located at 1717
Pennsylvania Avenue, NW., Suite 700,
Washington, DC 20006.
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
In connection with its investigative
duties, the RATB maintains records on
the following categories of individuals:
(a) Individuals or entities who are or
have been the subject of investigations
indentified by the RATB;
(b) Individuals who are or have been
witnesses, complainants, or informants
in investigations identified by the
RATB; and
(c) Individuals or entities that have
been identified as potential subjects or
parties to an RATB investigation.
CATEGORIES OF RECORDS IN THE SYSTEM:
Information relating to investigation,
including:
(a) Letters, memoranda, and other
documents describing complaints or
alleged criminal, civil, or administrative
misconduct.
(b) Investigative files which include
general intelligence and relevant data,
leads for Inspectors General (or other
applicable oversight and law
enforcement entities), reports of
investigations and related exhibits,
statements, affidavits, and records
obtained during an investigation.
AUTHORITY FOR MAINTENANCE OF SYSTEM:
The RATB’s enabling legislation, the
American Recovery and Reinvestment
Act of 2009 (Pub. L. 111–5) (Recovery
Act), sections 1521 et seq.
PURPOSE(S):
srobinson on DSKHWCL6B1PROD with NOTICES
The purpose of this system of records
is to enable the RATB to carry out its
responsibilities under its enabling
legislation, the Recovery Act. The RATB
is statutorily directed to coordinate and
conduct oversight of covered funds to
prevent fraud, waste, and abuse.
ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES OF USERS AND
THE PURPOSES OF SUCH USES:
In addition to those disclosures
generally permitted under 5 U.S.C.
552a(b) of the Privacy Act, these records
or information contained therein may
specifically be disclosed outside the
RATB as a routine use pursuant to 5
U.S.C. 552a(b)(3) as follows:
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A. To the appropriate federal, state,
local, or tribal agency responsible for
investigating, prosecuting, enforcing, or
implementing a statute, rule, regulation,
or order, if the information is relevant
to a violation or potential violation of
civil or criminal law or regulation
within the jurisdiction of the receiving
entity.
B. To any individual or entity when
necessary to elicit information that will
assist an RATB review or audit.
C. To appropriate officials and
employees of a federal agency or entity
which requires information relevant to a
decision concerning the hiring,
appointment, or retention of an
individual; the issuance, renewal,
suspension, or revocation of a security
clearance; the execution of a security or
suitability investigation; the letting of a
contract; or the issuance or revocation of
a grant or other benefit.
D. To a Member of Congress or staff
acting upon the Member’s behalf when
the Member or staff requests the
information on behalf of, and at the
request of, the individual who is the
subject of the record.
E. Information may be disclosed to the
Department of Justice (DOJ), or in a
proceeding before a court, adjudicative
body, or other administrative body
before which the RATB is authorized to
appear, when:
1. The RATB, or any component
thereof; or
2. Any employee of the RATB in his
or her official capacity; or
3. Any employee of the RATB in his
or her individual capacity where the
DOJ or the RATB has agreed to represent
the employee; or
4. The United States, if the RATB
determines that litigation is likely to
affect the RATB or any of its
components, is a party to litigation or
has an interest in such litigation, and
the use of such records by the DOJ or
the RATB is deemed by the RATB to be
relevant and necessary to the litigation,
provided, however, that in each case it
has been determined that the disclosure
is compatible with the purpose for
which the records were collected.
F. Information may be disclosed to the
National Archives and Records
Administration in records management
inspections.
G. Information may be disclosed to
contractors, grantees, consultants, or
volunteers performing or working on a
contract, service, grant, cooperative
agreement, job, or other activity for the
RATB and who have a need to have
access to the information in the
performance of their duties or activities
for the RATB.
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60303
DISCLOSURE TO CONSUMER REPORTING
AGENCIES:
Not applicable.
POLICIES AND PRACTICES FOR STORING,
RETRIEVING, ACCESSING, RETAINING, AND
DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
Information in this system is stored
electronically in office automation
equipment.
RETRIEVABILITY:
Each lead or investigation is assigned
a file number and all records relating to
a particular investigation are filed and
retrieved by that number. Records may
also be retrievable by the names of
subjects.
SAFEGUARDS:
Computer records are maintained in a
secure, password-protected computer
system. Paper records are maintained in
lockable file cabinets. All records are
maintained in secure, access-controlled
areas.
RETENTION AND DISPOSAL:
Records will be retained and disposed
of in accordance with RATB Records
Control Schedules approved by the
National Archives and Records
Administration.
SYSTEM MANAGER AND ADDRESS:
Assistant Director, Investigations,
Recovery Accountability and
Transparency Board, 1717 Pennsylvania
Avenue, NW., Suite 700, Washington,
DC 20006.
NOTIFICATION PROCEDURE:
Address inquiries to the System
Manager listed above.
RECORD ACCESS PROCEDURES:
The major part of this system is
exempt from this requirement pursuant
to 5 U.S.C. 552a(j)(2) and (k)(2). To the
extent that this system is not subject to
exemption, it is subject to access. A
determination as to exemption shall be
made at the time a request for access is
received. A request for access to records
contained in this system shall be made
in writing, with the envelope and the
letter clearly marked ‘‘Privacy Access
Request.’’ Include in the request the full
name of the individual involved, his or
her current address, date and place of
birth, notarized signature (or submitted
with date and signature under penalty
of perjury), and any other identifying
number or information which may be of
assistance in locating the record. The
requester shall also provide a return
address for transmitting the information.
Access requests shall be directed to the
System Manager listed above.
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60304
Federal Register / Vol. 74, No. 223 / Friday, November 20, 2009 / Notices
CONTESTING RECORDS PROCEDURES:
Requesters shall direct their request to
the System Manager listed above, stating
clearly and concisely what information
is being contested, the reason for
contesting it, and the proposed
amendment to the information.
RECORD SOURCE CATEGORIES:
The subjects of investigations;
individuals with whom the subjects of
investigations are associated; federal,
state, local, and foreign law enforcement
and non-law enforcement agencies;
private citizens; witnesses; informants;
and public source materials.
RATB—12
SYSTEM NAME:
RATB Fraud Hotline Program Files
SECURITY CLASSIFICATION:
The majority of the information in the
system is Sensitive but Unclassified.
SYSTEM LOCATION:
Recovery Accountability and
Transparency Board, located at 1717
Pennsylvania Avenue, NW., Suite 700,
Washington, DC 20006.
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
Persons who report information to the
RATB concerning the possible existence
of activities constituting a violation of
law, rules, or regulations, fraud, abuse,
mismanagement, or gross waste of
funds, and the subject of the complaints.
CATEGORIES OF RECORDS IN THE SYSTEM:
Letters, memoranda, other
communications and documents
describing complaints of alleged
criminal, civil, or administrative
misconduct relating to covered funds.
AUTHORITY FOR MAINTENANCE OF SYSTEM:
The RATB’s enabling legislation, the
American Recovery and Reinvestment
Act of 2009 (Pub. L. 111–5) (Recovery
Act), sections 1521 et seq.
PURPOSE(S):
srobinson on DSKHWCL6B1PROD with NOTICES
The purpose of this system of records
is to enable the RATB to carry out its
responsibilities under its enabling
legislation, the Recovery Act. The RATB
is statutorily directed to coordinate and
conduct oversight of covered funds to
prevent fraud, waste, and abuse.
ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES OF USERS AND
THE PURPOSES OF SUCH USES:
In addition to those disclosures
generally permitted under 5 U.S.C.
552a(b) of the Privacy Act, these records
or information contained therein may
specifically be disclosed outside the
VerDate Nov<24>2008
17:03 Nov 19, 2009
Jkt 220001
RATB as a routine use pursuant to 5
U.S.C. 552a(b)(3) as follows:
A. To the appropriate federal, state,
local, or tribal agency responsible for
investigating, prosecuting, enforcing, or
implementing a statute, rule, regulation,
or order, if the information is relevant
to a violation or potential violation of
civil or criminal law or regulation
within the jurisdiction of the receiving
entity.
B. To any individual or entity when
necessary to elicit information that will
assist an RATB review or audit.
C. To appropriate officials and
employees of a federal agency or entity
which requires information relevant to a
decision concerning the hiring,
appointment, or retention of an
individual; the issuance, renewal,
suspension, or revocation of a security
clearance; the execution of a security or
suitability investigation; the letting of a
contract; or the issuance or revocation of
a grant or other benefit.
D. To a Member of Congress or staff
acting upon the Member’s behalf when
the Member or staff requests the
information on behalf of, and at the
request of, the individual who is the
subject of the record.
E. Information may be disclosed to the
Department of Justice (DOJ), or in a
proceeding before a court, adjudicative
body, or other administrative body
before which the RATB is authorized to
appear, when:
1. The RATB, or any component
thereof; or
2. Any employee of the RATB in his
or her official capacity; or
3. Any employee of the RATB in his
or her individual capacity where the
DOJ or the RATB has agreed to represent
the employee; or
4. The United States, if the RATB
determines that litigation is likely to
affect the RATB or any of its
components, is a party to litigation or
has an interest in such litigation, and
the use of such records by the DOJ or
the RATB is deemed by the RATB to be
relevant and necessary to the litigation,
provided, however, that in each case it
has been determined that the disclosure
is compatible with the purpose for
which the records were collected.
F. Information may be disclosed to the
National Archives and Records
Administration in records management
inspections.
G. Information may be disclosed to
contractors, grantees, consultants, or
volunteers performing or working on a
contract, service, grant, cooperative
agreement, job, or other activity for the
RATB and who have a need to have
access to the information in the
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Sfmt 4703
performance of their duties or activities
for the RATB.
POLICIES AND PRACTICES FOR STORING,
RETRIEVING, ACCESSING, RETAINING, AND
DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
Hard copy files and a computer
database.
RETRIEVABILITY:
Records are retrievable by case
number or subject name.
SAFEGUARDS:
Computer records are maintained in a
secure, password protected computer
system. Paper records are maintained in
lockable file cabinets. All records are
maintained in secure, access-controlled
areas or buildings.
RETENTION AND DISPOSAL:
Records will be retained and disposed
of in accordance with RATB Records
Control Schedules approved by the
National Archives and Records
Administration.
SYSTEM MANAGER AND ADDRESS:
Assistant Director, Investigations,
Recovery Accountability and
Transparency Board, 1717 Pennsylvania
Avenue, NW., Suite 700, Washington,
DC 20006.
NOTIFICATION PROCEDURE:
Address inquiries to the System
Manager listed above.
RECORD ACCESS PROCEDURES:
The major part of this system is
exempt from this requirement pursuant
to 5 U.S.C. 552a(k)(2) and (k)(5). To the
extent that this system is not subject to
exemption, it is subject to access. A
determination as to exemption shall be
made at the time a request for access is
received. A request for access to records
contained in this system shall be made
in writing, with the envelope and the
letter clearly marked ‘‘Privacy Access
Request.’’ Include in the request the full
name of the individual involved, his or
her current address, date and place of
birth, notarized signature (or submitted
with date and signature under penalty
of perjury), and any other identifying
number or information which may be of
assistance in locating the record. The
requester shall also provide a return
address for transmitting the information.
Access requests shall be directed to the
System Manager listed above.
CONTESTING RECORDS PROCEDURES:
Requesters shall direct their request to
the System Manager listed above, stating
clearly and concisely what information
is being contested, the reason for
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Federal Register / Vol. 74, No. 223 / Friday, November 20, 2009 / Notices
contesting it, and the proposed
amendment to the information.
RECORD SOURCE CATEGORIES:
Complainants who are employees of
federal, state, and local agencies, and
private citizens. Records in the system
come from complainants through the
telephone, mail, electronic mail,
facsimile, and the web site https://
www.recovery.gov.
Ivan J. Flores,
Paralegal Specialist, Recovery Accountability
and Transparency Board.
[FR Doc. E9–27899 Filed 11–19–09; 8:45 am]
BILLING CODE 6820–GA–P
DEPARTMENT OF STATE
[Public Notice 6815]
Notice of Information Collection Under
Emergency Review: Forms DS–2053,
DS–2054; Medical Examination for
Immigrant or Refugee Applicant; DS–
3030, Chest X-Ray and Classification
Worksheet; OMB Control Number
1405–0113
Department of State.
Notice of request for emergency
OMB approval.
AGENCY:
srobinson on DSKHWCL6B1PROD with NOTICES
ACTION:
SUMMARY: The Department of State has
submitted the following information
collection request to the Office of
Management and Budget (OMB) for
review and approval in accordance with
the emergency review procedures of the
Paperwork Reduction Act of 1995.
• Title of Information Collection:
Medical Examination for Immigrant or
Refugee Applicant.
• OMB Control Number: 1405–0113.
• Type of Request: Emergency
Review.
• Originating Office: Bureau of
Consular Affairs, Office of Visa Services
(CA/VO)
• Form Number: DS–2053, DS–2054,
DS–3030.
• Respondents: Immigrant visa and
refugee applicants.
• Estimated Number of Respondents:
630,000 per year.
• Estimated Number of Responses:
630,000 per year.
• Average Hours Per Response: 1
hour.
• Total Estimated Burden: 630,000
hours annually.
• Frequency: Once per application.
• Obligation To Respond: Required to
Obtain Benefit.
The proposed information collection
is published to obtain comments from
the public and affected agencies.
Emergency review and approval of this
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17:03 Nov 19, 2009
Jkt 220001
collection has been requested from OMB
by January 4, 2010. If granted, the
emergency approval is only valid for
180 days. Direct comments to the
Department of State Desk Officer in the
Office of Information and Regulatory
Affairs at the Office of Management and
Budget (OMB).
You may submit comments by the
following methods:
• E-mail:
oira_submission@omb.eop.gov. You
must include the DS form number,
information collection title, and OMB
control number in the subject line of
your message.
• Fax: 202–395–5806. Attention: Desk
Officer for Department of State.
During the first 60 days of the
emergency approval period, a regular
review of this information collection is
also being undertaken. The submitting
agency requests written comments and
suggestions from the public and affected
agencies concerning the proposed
collection of information. Comments
will be accepted until 60 days from the
date that this notice is published in the
Federal Register.
You may submit comments by any of
the following methods:
• E-mail: VisaRegs@state.gov (Subject
line must read OMB 1405–0113
Reauthorization).
• Mail (paper, disk, or CD–ROM
submissions): Chief, Legislation and
Regulations Division, Visa Services—
OMB 1405–0113 Reauthorization, 2401
E Street, NW., Washington, DC 20520–
30106.
• Fax: (202) 663–3898.
You must include the DS form
number (if applicable), information
collection title, and OMB control
number in any correspondence.
FOR FURTHER INFORMATION CONTACT:
Direct requests for additional
information regarding the collection
listed in this notice, including requests
for copies of the proposed information
collection and supporting documents, to
Lauren Prosnik of the Office of Visa
Services, U.S. Department of State, 2401
E Street, NW., L–603, Washington, DC
20522, who may be reached at (202)
663–2951.
SUPPLEMENTARY INFORMATION: We are
soliciting public comments to permit the
Department to:
• Evaluate whether the proposed
information collection is necessary for
the proper performance of our
functions.
• Evaluate the accuracy of our
estimate of the burden of the proposed
collection, including the validity of the
methodology and assumptions used.
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60305
• Enhance the quality, utility, and
clarity of the information to be
collected.
• Minimize the reporting burden on
those who are to respond, including the
use of automated collection techniques
or other forms of technology.
Abstract of proposed collection:
INA Section 221(d) requires that prior
to the issuance of an immigrant visa the
applicant undergo a physical and
mental examination. INA Section
412(b)(4)(B) requires that the United
States Government ‘‘provide for the
identification of refugees who have been
determined to have medical conditions
affecting the public health and requiring
treatment.’’ Form DS–2053, Medical
Examination for Immigrant or Refugee
Applicant (1991 Technical Instructions);
Form DS–2054, Medical Examination
for Immigrant or Refugee Applicant
(2007 Technical Instructions); and DS–
3030, Chest X-Ray and Classification
Worksheet (2007 Technical Instructions)
are designed to record the results of the
medical examination. A panel physician
performs the medical examination of the
applicant and completes the forms.
A final rule was published by the
Department of Health and Human
Services (HHS) in the Federal Register
on November 2, 2009 that amends HHS
regulations to remove the Human
Immunodeficiency Virus (HIV) from the
definition of communicable disease of
public health significance and to
remove references to HIV from medical
examinations for aliens. In order to
comply with this rule, effective January
4, 2010, an emergency approval review
has been requested from OMB.
The Department must make available
to panel physicians conducting medical
exams for visa applicants revised
medical exam forms. Forms DS–2053,
DS–2054 and DS–3030 are being revised
to remove references to HIV.
Methodology:
The medical forms are sent to the
applicant in the applicant’s package.
The applicant takes the forms to the
panel physician to use during the
medical examination. The panel
physician completes the medical
examination and fills out the forms. The
forms are then submitted in hard copy
to the consular officer for processing.
November 16, 2009.
Edward Ramotowksi,
Acting Deputy Assistant Secretary, Bureau
of Consular Affairs, Department of State.
[FR Doc. E9–27967 Filed 11–19–09; 8:45 am]
BILLING CODE 4710–06–P
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]]>Agencies
[Federal Register Volume 74, Number 223 (Friday, November 20, 2009)]
[Notices]
[Pages 60302-60305]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-27899]
=======================================================================
-----------------------------------------------------------------------
RECOVERY ACCOUNTABILITY AND TRANSPARENCY BOARD
Privacy Act of 1974; System of Records
AGENCY: Recovery Accountability and Transparency Board
ACTION: Notice of new Privacy Act systems of records.
-----------------------------------------------------------------------
SUMMARY: The Recovery Accountability and Transparency Board (Board or
RATB) proposes two new systems of records subject to the Privacy Act of
1974, as amended (Privacy Act or the Act), entitled ``RATB
Investigative Files'' and ``RATB Fraud Hotline Program Files.''
ADDRESSES: Comments may be submitted:
By Mail or Hand Delivery: Jennifer Dure, Office of General Counsel,
Recovery Accountability and Transparency Board, 1717 Pennsylvania
Avenue, NW., Suite 700, Washington, DC 20006;
By Fax: (202) 254-7970; or
By E-mail to the Board: comments@ratb.gov.
All comments on the proposed new systems of records should be
clearly identified as such.
FOR FURTHER INFORMATION CONTACT: Jennifer Dure, General Counsel,
Recovery Accountability and Transparency Board, 1717 Pennsylvania
Avenue, NW., Suite 700, Washington, DC 20006, (202) 254-7900.
SUPPLEMENTARY INFORMATION: Title 5 U.S.C. 552a(e)(4) and (11) provide
that the public be given a 30-day period in which to comment on any new
routine use of a system of records. The Office of Management and Budget
(OMB), which has oversight responsibilities under the Act, requires a
40-day period in which to conclude its review of the new systems.
Therefore, please submit any comments by December 30, 2009.
In accordance with 5 U.S.C. 552a(r), the Board has provided a
report to OMB and the Congress on the proposed systems of records.
Recovery Accountability and Transparency Board
Table of Contents
RATB--11--RATB Investigative Files.
RATB--12--RATB Fraud Hotline Program Files.
[[Page 60303]]
RATB--11
SYSTEM NAME:
RATB Investigative Files.
SECURITY CLASSIFICATION:
The majority of the information in the system is Sensitive but
Unclassified.
SYSTEM LOCATION:
Recovery Accountability and Transparency Board, located at 1717
Pennsylvania Avenue, NW., Suite 700, Washington, DC 20006.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
In connection with its investigative duties, the RATB maintains
records on the following categories of individuals:
(a) Individuals or entities who are or have been the subject of
investigations indentified by the RATB;
(b) Individuals who are or have been witnesses, complainants, or
informants in investigations identified by the RATB; and
(c) Individuals or entities that have been identified as potential
subjects or parties to an RATB investigation.
CATEGORIES OF RECORDS IN THE SYSTEM:
Information relating to investigation, including:
(a) Letters, memoranda, and other documents describing complaints
or alleged criminal, civil, or administrative misconduct.
(b) Investigative files which include general intelligence and
relevant data, leads for Inspectors General (or other applicable
oversight and law enforcement entities), reports of investigations and
related exhibits, statements, affidavits, and records obtained during
an investigation.
AUTHORITY FOR MAINTENANCE OF SYSTEM:
The RATB's enabling legislation, the American Recovery and
Reinvestment Act of 2009 (Pub. L. 111-5) (Recovery Act), sections 1521
et seq.
PURPOSE(S):
The purpose of this system of records is to enable the RATB to
carry out its responsibilities under its enabling legislation, the
Recovery Act. The RATB is statutorily directed to coordinate and
conduct oversight of covered funds to prevent fraud, waste, and abuse.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSES OF SUCH USES:
In addition to those disclosures generally permitted under 5 U.S.C.
552a(b) of the Privacy Act, these records or information contained
therein may specifically be disclosed outside the RATB as a routine use
pursuant to 5 U.S.C. 552a(b)(3) as follows:
A. To the appropriate federal, state, local, or tribal agency
responsible for investigating, prosecuting, enforcing, or implementing
a statute, rule, regulation, or order, if the information is relevant
to a violation or potential violation of civil or criminal law or
regulation within the jurisdiction of the receiving entity.
B. To any individual or entity when necessary to elicit information
that will assist an RATB review or audit.
C. To appropriate officials and employees of a federal agency or
entity which requires information relevant to a decision concerning the
hiring, appointment, or retention of an individual; the issuance,
renewal, suspension, or revocation of a security clearance; the
execution of a security or suitability investigation; the letting of a
contract; or the issuance or revocation of a grant or other benefit.
D. To a Member of Congress or staff acting upon the Member's behalf
when the Member or staff requests the information on behalf of, and at
the request of, the individual who is the subject of the record.
E. Information may be disclosed to the Department of Justice (DOJ),
or in a proceeding before a court, adjudicative body, or other
administrative body before which the RATB is authorized to appear,
when:
1. The RATB, or any component thereof; or
2. Any employee of the RATB in his or her official capacity; or
3. Any employee of the RATB in his or her individual capacity where
the DOJ or the RATB has agreed to represent the employee; or
4. The United States, if the RATB determines that litigation is
likely to affect the RATB or any of its components, is a party to
litigation or has an interest in such litigation, and the use of such
records by the DOJ or the RATB is deemed by the RATB to be relevant and
necessary to the litigation, provided, however, that in each case it
has been determined that the disclosure is compatible with the purpose
for which the records were collected.
F. Information may be disclosed to the National Archives and
Records Administration in records management inspections.
G. Information may be disclosed to contractors, grantees,
consultants, or volunteers performing or working on a contract,
service, grant, cooperative agreement, job, or other activity for the
RATB and who have a need to have access to the information in the
performance of their duties or activities for the RATB.
DISCLOSURE TO CONSUMER REPORTING AGENCIES:
Not applicable.
POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING,
AND DISPOSING OF RECORDS IN THE SYSTEM: STORAGE:
Information in this system is stored electronically in office
automation equipment.
RETRIEVABILITY:
Each lead or investigation is assigned a file number and all
records relating to a particular investigation are filed and retrieved
by that number. Records may also be retrievable by the names of
subjects.
SAFEGUARDS:
Computer records are maintained in a secure, password-protected
computer system. Paper records are maintained in lockable file
cabinets. All records are maintained in secure, access-controlled
areas.
RETENTION AND DISPOSAL:
Records will be retained and disposed of in accordance with RATB
Records Control Schedules approved by the National Archives and Records
Administration.
SYSTEM MANAGER AND ADDRESS:
Assistant Director, Investigations, Recovery Accountability and
Transparency Board, 1717 Pennsylvania Avenue, NW., Suite 700,
Washington, DC 20006.
NOTIFICATION PROCEDURE:
Address inquiries to the System Manager listed above.
RECORD ACCESS PROCEDURES:
The major part of this system is exempt from this requirement
pursuant to 5 U.S.C. 552a(j)(2) and (k)(2). To the extent that this
system is not subject to exemption, it is subject to access. A
determination as to exemption shall be made at the time a request for
access is received. A request for access to records contained in this
system shall be made in writing, with the envelope and the letter
clearly marked ``Privacy Access Request.'' Include in the request the
full name of the individual involved, his or her current address, date
and place of birth, notarized signature (or submitted with date and
signature under penalty of perjury), and any other identifying number
or information which may be of assistance in locating the record. The
requester shall also provide a return address for transmitting the
information. Access requests shall be directed to the System Manager
listed above.
[[Page 60304]]
CONTESTING RECORDS PROCEDURES:
Requesters shall direct their request to the System Manager listed
above, stating clearly and concisely what information is being
contested, the reason for contesting it, and the proposed amendment to
the information.
RECORD SOURCE CATEGORIES:
The subjects of investigations; individuals with whom the subjects
of investigations are associated; federal, state, local, and foreign
law enforcement and non-law enforcement agencies; private citizens;
witnesses; informants; and public source materials.
RATB--12
SYSTEM NAME:
RATB Fraud Hotline Program Files
SECURITY CLASSIFICATION:
The majority of the information in the system is Sensitive but
Unclassified.
SYSTEM LOCATION:
Recovery Accountability and Transparency Board, located at 1717
Pennsylvania Avenue, NW., Suite 700, Washington, DC 20006.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Persons who report information to the RATB concerning the possible
existence of activities constituting a violation of law, rules, or
regulations, fraud, abuse, mismanagement, or gross waste of funds, and
the subject of the complaints.
CATEGORIES OF RECORDS IN THE SYSTEM:
Letters, memoranda, other communications and documents describing
complaints of alleged criminal, civil, or administrative misconduct
relating to covered funds.
AUTHORITY FOR MAINTENANCE OF SYSTEM:
The RATB's enabling legislation, the American Recovery and
Reinvestment Act of 2009 (Pub. L. 111-5) (Recovery Act), sections 1521
et seq.
PURPOSE(S):
The purpose of this system of records is to enable the RATB to
carry out its responsibilities under its enabling legislation, the
Recovery Act. The RATB is statutorily directed to coordinate and
conduct oversight of covered funds to prevent fraud, waste, and abuse.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSES OF SUCH USES:
In addition to those disclosures generally permitted under 5 U.S.C.
552a(b) of the Privacy Act, these records or information contained
therein may specifically be disclosed outside the RATB as a routine use
pursuant to 5 U.S.C. 552a(b)(3) as follows:
A. To the appropriate federal, state, local, or tribal agency
responsible for investigating, prosecuting, enforcing, or implementing
a statute, rule, regulation, or order, if the information is relevant
to a violation or potential violation of civil or criminal law or
regulation within the jurisdiction of the receiving entity.
B. To any individual or entity when necessary to elicit information
that will assist an RATB review or audit.
C. To appropriate officials and employees of a federal agency or
entity which requires information relevant to a decision concerning the
hiring, appointment, or retention of an individual; the issuance,
renewal, suspension, or revocation of a security clearance; the
execution of a security or suitability investigation; the letting of a
contract; or the issuance or revocation of a grant or other benefit.
D. To a Member of Congress or staff acting upon the Member's behalf
when the Member or staff requests the information on behalf of, and at
the request of, the individual who is the subject of the record.
E. Information may be disclosed to the Department of Justice (DOJ),
or in a proceeding before a court, adjudicative body, or other
administrative body before which the RATB is authorized to appear,
when:
1. The RATB, or any component thereof; or
2. Any employee of the RATB in his or her official capacity; or
3. Any employee of the RATB in his or her individual capacity where
the DOJ or the RATB has agreed to represent the employee; or
4. The United States, if the RATB determines that litigation is
likely to affect the RATB or any of its components, is a party to
litigation or has an interest in such litigation, and the use of such
records by the DOJ or the RATB is deemed by the RATB to be relevant and
necessary to the litigation, provided, however, that in each case it
has been determined that the disclosure is compatible with the purpose
for which the records were collected.
F. Information may be disclosed to the National Archives and
Records Administration in records management inspections.
G. Information may be disclosed to contractors, grantees,
consultants, or volunteers performing or working on a contract,
service, grant, cooperative agreement, job, or other activity for the
RATB and who have a need to have access to the information in the
performance of their duties or activities for the RATB.
POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING,
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
Hard copy files and a computer database.
RETRIEVABILITY:
Records are retrievable by case number or subject name.
SAFEGUARDS:
Computer records are maintained in a secure, password protected
computer system. Paper records are maintained in lockable file
cabinets. All records are maintained in secure, access-controlled areas
or buildings.
RETENTION AND DISPOSAL:
Records will be retained and disposed of in accordance with RATB
Records Control Schedules approved by the National Archives and Records
Administration.
SYSTEM MANAGER AND ADDRESS:
Assistant Director, Investigations, Recovery Accountability and
Transparency Board, 1717 Pennsylvania Avenue, NW., Suite 700,
Washington, DC 20006.
NOTIFICATION PROCEDURE:
Address inquiries to the System Manager listed above.
RECORD ACCESS PROCEDURES:
The major part of this system is exempt from this requirement
pursuant to 5 U.S.C. 552a(k)(2) and (k)(5). To the extent that this
system is not subject to exemption, it is subject to access. A
determination as to exemption shall be made at the time a request for
access is received. A request for access to records contained in this
system shall be made in writing, with the envelope and the letter
clearly marked ``Privacy Access Request.'' Include in the request the
full name of the individual involved, his or her current address, date
and place of birth, notarized signature (or submitted with date and
signature under penalty of perjury), and any other identifying number
or information which may be of assistance in locating the record. The
requester shall also provide a return address for transmitting the
information. Access requests shall be directed to the System Manager
listed above.
CONTESTING RECORDS PROCEDURES:
Requesters shall direct their request to the System Manager listed
above, stating clearly and concisely what information is being
contested, the reason for
[[Page 60305]]
contesting it, and the proposed amendment to the information.
RECORD SOURCE CATEGORIES:
Complainants who are employees of federal, state, and local
agencies, and private citizens. Records in the system come from
complainants through the telephone, mail, electronic mail, facsimile,
and the web site https://www.recovery.gov.
Ivan J. Flores,
Paralegal Specialist, Recovery Accountability and Transparency Board.
[FR Doc. E9-27899 Filed 11-19-09; 8:45 am]
BILLING CODE 6820-GA-P
