Privacy Act Regulations, 20298-20299 [2010-8912]
Download as PDF
20298
Proposed Rules
Federal Register
Vol. 75, No. 74
Monday, April 19, 2010
This section of the FEDERAL REGISTER
contains notices to the public of the proposed
issuance of rules and regulations. The
purpose of these notices is to give interested
persons an opportunity to participate in the
rule making prior to the adoption of the final
rules.
RECOVERY ACCOUNTABILITY AND
TRANSPARENCY BOARD
4 CFR Part 200
RIN 0430–AA03
Privacy Act Regulations
WReier-Aviles on DSKGBLS3C1PROD with PROPOSALS
AGENCY: Recovery Accountability and
Transparency Board.
ACTION: Proposed rule.
SUMMARY: The Recovery Accountability
and Transparency Board (Board)
proposes to amend the Board’s
regulations implementing the Privacy
Act of 1974 (Privacy Act), as amended.
This proposed rule would exempt
certain systems of records from certain
sections of the Privacy Act. These
exemptions will help ensure that the
Board may efficiently and effectively
compile investigatory material to
prevent and detect fraud, waste, and
abuse and perform its other authorized
duties and activities relating to
oversight of funds awarded pursuant to
the American Recovery and
Reinvestment Act of 2009 (Recovery
Act).
DATES: Comments on the proposed rule
should be submitted no later than June
18, 2010.
ADDRESSES: Comments on this proposed
rule may be submitted:
• By Mail or Hand Delivery: 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 this proposed
Privacy Act rule should be clearly
identified as such.
FOR FURTHER INFORMATION CONTACT:
Jennifer Dure, General Counsel, (703)
487–5439.
SUPPLEMENTARY INFORMATION: On
November 20, 2009, the Board
published in the Federal Register
proposed system notices to establish
new systems of records, ‘‘RATB—11—
VerDate Nov<24>2008
15:31 Apr 16, 2010
Jkt 220001
RATB Investigative Files’’ and ‘‘RATB—
12—RATB Fraud Hotline Program
Files,’’ pursuant to the Privacy Act, as
amended (74 FR 60302, Nov. 20, 2009).
The Board received no comments on
these proposed systems of records. The
following proposed amendments of the
Board’s Privacy Act regulations, 4 CFR
part 200, exempt these systems of
records from certain provisions of the
Privacy Act which require, among other
things, that the Board provide notice
when collecting information, account
for certain disclosures, permit
individuals access to their records, and
allow them to request that the records
be amended. These provisions would
interfere with the Board’s oversight
functions if applied to the Board’s
maintenance of these systems of
records.
Accordingly, it is proposed to exempt
these systems of records from specified
provisions of the Privacy Act, pursuant
to sections 552a(j)(2), (k)(2) and (k)(5).
List of Subjects in 4 CFR Part 200
Privacy Act of 1974.
For the reasons set forth in the
preamble, the Board proposes to amend
Chapter II of Title 4, Code of Federal
Regulations, as follows:
CHAPTER II—RECOVERY
ACCOUNTABILITY AND TRANSPARENCY
BOARD
PART 200—PRIVACY ACT OF 1974
1. The authority for Part 200
continues to read as follows:
Authority: 5 U.S.C. 552a(f).
2. Add § 200.17 to read as follows:
§ 200.17
Exemptions.
(a) General policy. The Privacy Act
permits an agency to exempt certain
types of systems of records from some
of the Privacy Act’s requirements. It is
the policy of the Board to exercise
authority to exempt systems of records
only in compelling cases.
(b) Specific systems of records
exempted under (j)(2) and (k)(2). The
Board exempts the RATB Investigative
Files (RATB—11) system of records
from the following provisions of 5
U.S.C. 552a:
(1) From subsection (c)(3) because the
release of accounting of disclosure
would inform a subject that he or she is
under investigation. This information
would provide considerable advantage
PO 00000
Frm 00001
Fmt 4702
Sfmt 4702
to the subject in providing him or her
with knowledge concerning the nature
of the investigation and the coordinated
investigative efforts and techniques
employed by the cooperating agencies.
This would greatly impede the Board’s
criminal law enforcement duties.
(2) From subsection (c)(4) and (d)
because notification would alert a
subject to the fact that an open
investigation on that individual is
taking place, and might weaken the
ongoing investigation, reveal
investigatory techniques, and place
confidential informants in jeopardy.
(3) From subsection (e)(1) because the
nature of the criminal and/or civil
investigative function creates unique
problems in prescribing a specific
parameter in a particular case with
respect to what information is relevant
or necessary. Also, due to the Board’s
close working relationship with other
Federal, State and local law
enforcement agencies, information may
be received which may relate to a case
under the investigative jurisdiction of
another agency. The maintenance of this
information may be necessary to
provide leads for appropriate law
enforcement purposes and to establish
patterns of activity which may relate to
the jurisdiction of other cooperating
agencies.
(4) From subsection (e)(2) because
collecting information to the fullest
extent possible directly from the subject
individual may or may not be practical
in a criminal and/or civil investigation.
(5) From subsection (e)(3) because
supplying an individual with a form
containing a Privacy Act Statement
would tend to inhibit cooperation by
many individuals involved in a criminal
and/or civil investigation. The effect
would be somewhat adverse to
established investigative methods and
techniques.
(6) From subsection (e)(4)(G)–(I)
because this system of records is exempt
from the access provisions of subsection
(d).
(7) From subsection (e)(5) because the
requirement that records be maintained
with attention to accuracy, relevance,
timeliness, and completeness would
unfairly hamper the investigative
process. It is the nature of law
enforcement for investigations to
uncover the commission of illegal acts
at diverse stages. It is frequently
impossible to determine initially what
E:\FR\FM\19APP1.SGM
19APP1
WReier-Aviles on DSKGBLS3C1PROD with PROPOSALS
Federal Register / Vol. 75, No. 74 / Monday, April 19, 2010 / Proposed Rules
information is accurate, relevant, timely,
and least of all complete. With the
passage of time, seemingly irrelevant or
untimely information may acquire new
significance as further investigation
brings new details to light.
(8) From subsection (e)(8) because the
notice requirements of this provision
could present a serious impediment to
law enforcement by revealing
investigative techniques, procedures,
and existence of confidential
investigations.
(9) From subsection (f) because the
agency’s rules are inapplicable to those
portions of the system that are exempt
and would place the burden on the
agency of either confirming or denying
the existence of a record pertaining to a
requesting individual, which might in
itself provide an answer to that
individual relating to an ongoing
investigation. The conduct of a
successful investigation leading to the
indictment of a criminal offender
precludes the applicability of
established agency rules relating to
verification of record, disclosure of the
record to that individual, and record
amendment procedures for this record
system.
(10) For comparability with the
exemption claimed from subsection (f),
the civil remedies provisions of
subsection (g) must be suspended for
this record system. Because of the
nature of criminal investigations,
standards of accuracy, relevance,
timeliness, and completeness cannot
apply to this record system. Information
gathered in an investigation is often
fragmentary, and leads relating to an
individual in the context of one
investigation may instead pertain to a
second investigation.
(c) Specific systems of records
exempted under (k)(2) and (k)(5). The
Board exempts the RATB Fraud Hotline
Program Files (RATB—12) system of
records from the following provisions of
5 U.S.C. 552a:
(1) From subsection (c)(3) because
disclosures from this system could
interfere with the just, thorough and
timely resolution of the complaint or
inquiry, and possibly enable individuals
to conceal their wrongdoing or mislead
the course of the investigation by
concealing, destroying or fabricating
evidence or documents.
(2) From subsection (d) because
disclosures from this system could
interfere with the just, thorough and
timely resolution of the complaint or
inquiry, and possibly enable individuals
to conceal their wrongdoing or mislead
the course of the investigation by
concealing, destroying or fabricating
evidence or documents. Disclosures
VerDate Nov<24>2008
15:31 Apr 16, 2010
Jkt 220001
could also subject sources and witnesses
to harassment or intimidation which
jeopardize the safety and well-being of
themselves and their families.
(3) From subsection (e)(1) because the
nature of the investigatory function
creates unique problems in prescribing
specific parameters in a particular case
as to what information is relevant or
necessary. Due to close working
relationships with other Federal, state
and local law enforcement agencies,
information may be received which may
relate to a case under the investigative
jurisdiction of another government
agency. It is necessary to maintain this
information in order to provide leads for
appropriate law enforcement purposes
and to establish patterns of activity
which may relate to the jurisdiction of
other cooperating agencies.
(4) From subsection (e)(4)(G)–(H)
because this system of records is exempt
from the access provisions of subsection
(d).
(5) From subsection (f) because the
agency’s rules are inapplicable to those
portions of the system that are exempt
and would place the burden on the
agency of either confirming or denying
the existence of a record pertaining to a
requesting individual might in itself
provide an answer to that individual
relating to an on-going investigation.
The conduct of a successful
investigation leading to the indictment
of a criminal offender precludes the
applicability of established agency rules
relating to verification of record,
disclosure of the record to that
individual, and record amendment
procedures for this record system.
Ivan J. Flores,
Paralegal Specialist, Recovery Accountability
and Transparency Board.
[FR Doc. 2010–8912 Filed 4–16–10; 8:45 am]
BILLING CODE 6820–GA–P
PO 00000
Frm 00002
Fmt 4702
Sfmt 4702
20299
OFFICE OF PERSONNEL
MANAGEMENT
5 CFR Parts 831, 841
RIN 3206–AM17
RAILROAD RETIREMENT BOARD
20 CFR Part 350
RIN 3220–AB63
SOCIAL SECURITY ADMINISTRATION
20 CFR Parts 404, 416
RIN 0960–AH18
DEPARTMENT OF THE TREASURY
Fiscal Service
31 CFR Part 212
RIN 1505–AC20
DEPARTMENT OF VETERANS
AFFAIRS
38 CFR Part 1
RIN 2900–AN67
Garnishment of Accounts Containing
Federal Benefit Payments
AGENCY: Department of the Treasury,
Fiscal Service (Treasury); Social
Security Administration (SSA);
Department of Veterans Affairs (VA);
Railroad Retirement Board (RRB); Office
of Personnel Management (OPM).
ACTION: Joint notice of proposed
rulemaking.
SUMMARY: Treasury, SSA, VA, RRB and
OPM (Agencies) are publishing for
comment a proposed rule to implement
statutory restrictions on the garnishment
of Federal benefit payments. The
Agencies are taking this action in
response to recent developments in
technology and debt collection practices
that have led to an increase in the
freezing of accounts containing Federal
benefit payments. The proposed rule
would establish procedures that
financial institutions must follow when
a garnishment order is received for an
account into which Federal benefit
payments have been directly deposited.
The proposed rule would require
financial institutions that receive a
garnishment order for an account to
determine whether any Federal benefit
payments were deposited to the account
within 60 calendar days prior to receipt
of the order and, if so, would require the
financial institution to ensure that the
account holder has access to an amount
equal to the sum of such payments in
E:\FR\FM\19APP1.SGM
19APP1
Agencies
[Federal Register Volume 75, Number 74 (Monday, April 19, 2010)]
[Proposed Rules]
[Pages 20298-20299]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-8912]
========================================================================
Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
========================================================================
Federal Register / Vol. 75, No. 74 / Monday, April 19, 2010 /
Proposed Rules
[[Page 20298]]
RECOVERY ACCOUNTABILITY AND TRANSPARENCY BOARD
4 CFR Part 200
RIN 0430-AA03
Privacy Act Regulations
AGENCY: Recovery Accountability and Transparency Board.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Recovery Accountability and Transparency Board (Board)
proposes to amend the Board's regulations implementing the Privacy Act
of 1974 (Privacy Act), as amended. This proposed rule would exempt
certain systems of records from certain sections of the Privacy Act.
These exemptions will help ensure that the Board may efficiently and
effectively compile investigatory material to prevent and detect fraud,
waste, and abuse and perform its other authorized duties and activities
relating to oversight of funds awarded pursuant to the American
Recovery and Reinvestment Act of 2009 (Recovery Act).
DATES: Comments on the proposed rule should be submitted no later than
June 18, 2010.
ADDRESSES: Comments on this proposed rule may be submitted:
By Mail or Hand Delivery: 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 this proposed Privacy Act rule should be clearly
identified as such.
FOR FURTHER INFORMATION CONTACT: Jennifer Dure, General Counsel, (703)
487-5439.
SUPPLEMENTARY INFORMATION: On November 20, 2009, the Board published in
the Federal Register proposed system notices to establish new systems
of records, ``RATB--11--RATB Investigative Files'' and ``RATB--12--RATB
Fraud Hotline Program Files,'' pursuant to the Privacy Act, as amended
(74 FR 60302, Nov. 20, 2009). The Board received no comments on these
proposed systems of records. The following proposed amendments of the
Board's Privacy Act regulations, 4 CFR part 200, exempt these systems
of records from certain provisions of the Privacy Act which require,
among other things, that the Board provide notice when collecting
information, account for certain disclosures, permit individuals access
to their records, and allow them to request that the records be
amended. These provisions would interfere with the Board's oversight
functions if applied to the Board's maintenance of these systems of
records.
Accordingly, it is proposed to exempt these systems of records from
specified provisions of the Privacy Act, pursuant to sections
552a(j)(2), (k)(2) and (k)(5).
List of Subjects in 4 CFR Part 200
Privacy Act of 1974.
For the reasons set forth in the preamble, the Board proposes to
amend Chapter II of Title 4, Code of Federal Regulations, as follows:
CHAPTER II--RECOVERY ACCOUNTABILITY AND TRANSPARENCY BOARD
PART 200--PRIVACY ACT OF 1974
1. The authority for Part 200 continues to read as follows:
Authority: 5 U.S.C. 552a(f).
2. Add Sec. 200.17 to read as follows:
Sec. 200.17 Exemptions.
(a) General policy. The Privacy Act permits an agency to exempt
certain types of systems of records from some of the Privacy Act's
requirements. It is the policy of the Board to exercise authority to
exempt systems of records only in compelling cases.
(b) Specific systems of records exempted under (j)(2) and (k)(2).
The Board exempts the RATB Investigative Files (RATB--11) system of
records from the following provisions of 5 U.S.C. 552a:
(1) From subsection (c)(3) because the release of accounting of
disclosure would inform a subject that he or she is under
investigation. This information would provide considerable advantage to
the subject in providing him or her with knowledge concerning the
nature of the investigation and the coordinated investigative efforts
and techniques employed by the cooperating agencies. This would greatly
impede the Board's criminal law enforcement duties.
(2) From subsection (c)(4) and (d) because notification would alert
a subject to the fact that an open investigation on that individual is
taking place, and might weaken the ongoing investigation, reveal
investigatory techniques, and place confidential informants in
jeopardy.
(3) From subsection (e)(1) because the nature of the criminal and/
or civil investigative function creates unique problems in prescribing
a specific parameter in a particular case with respect to what
information is relevant or necessary. Also, due to the Board's close
working relationship with other Federal, State and local law
enforcement agencies, information may be received which may relate to a
case under the investigative jurisdiction of another agency. The
maintenance of this information may be necessary to provide leads for
appropriate law enforcement purposes and to establish patterns of
activity which may relate to the jurisdiction of other cooperating
agencies.
(4) From subsection (e)(2) because collecting information to the
fullest extent possible directly from the subject individual may or may
not be practical in a criminal and/or civil investigation.
(5) From subsection (e)(3) because supplying an individual with a
form containing a Privacy Act Statement would tend to inhibit
cooperation by many individuals involved in a criminal and/or civil
investigation. The effect would be somewhat adverse to established
investigative methods and techniques.
(6) From subsection (e)(4)(G)-(I) because this system of records is
exempt from the access provisions of subsection (d).
(7) From subsection (e)(5) because the requirement that records be
maintained with attention to accuracy, relevance, timeliness, and
completeness would unfairly hamper the investigative process. It is the
nature of law enforcement for investigations to uncover the commission
of illegal acts at diverse stages. It is frequently impossible to
determine initially what
[[Page 20299]]
information is accurate, relevant, timely, and least of all complete.
With the passage of time, seemingly irrelevant or untimely information
may acquire new significance as further investigation brings new
details to light.
(8) From subsection (e)(8) because the notice requirements of this
provision could present a serious impediment to law enforcement by
revealing investigative techniques, procedures, and existence of
confidential investigations.
(9) From subsection (f) because the agency's rules are inapplicable
to those portions of the system that are exempt and would place the
burden on the agency of either confirming or denying the existence of a
record pertaining to a requesting individual, which might in itself
provide an answer to that individual relating to an ongoing
investigation. The conduct of a successful investigation leading to the
indictment of a criminal offender precludes the applicability of
established agency rules relating to verification of record, disclosure
of the record to that individual, and record amendment procedures for
this record system.
(10) For comparability with the exemption claimed from subsection
(f), the civil remedies provisions of subsection (g) must be suspended
for this record system. Because of the nature of criminal
investigations, standards of accuracy, relevance, timeliness, and
completeness cannot apply to this record system. Information gathered
in an investigation is often fragmentary, and leads relating to an
individual in the context of one investigation may instead pertain to a
second investigation.
(c) Specific systems of records exempted under (k)(2) and (k)(5).
The Board exempts the RATB Fraud Hotline Program Files (RATB--12)
system of records from the following provisions of 5 U.S.C. 552a:
(1) From subsection (c)(3) because disclosures from this system
could interfere with the just, thorough and timely resolution of the
complaint or inquiry, and possibly enable individuals to conceal their
wrongdoing or mislead the course of the investigation by concealing,
destroying or fabricating evidence or documents.
(2) From subsection (d) because disclosures from this system could
interfere with the just, thorough and timely resolution of the
complaint or inquiry, and possibly enable individuals to conceal their
wrongdoing or mislead the course of the investigation by concealing,
destroying or fabricating evidence or documents. Disclosures could also
subject sources and witnesses to harassment or intimidation which
jeopardize the safety and well-being of themselves and their families.
(3) From subsection (e)(1) because the nature of the investigatory
function creates unique problems in prescribing specific parameters in
a particular case as to what information is relevant or necessary. Due
to close working relationships with other Federal, state and local law
enforcement agencies, information may be received which may relate to a
case under the investigative jurisdiction of another government agency.
It is necessary to maintain this information in order to provide leads
for appropriate law enforcement purposes and to establish patterns of
activity which may relate to the jurisdiction of other cooperating
agencies.
(4) From subsection (e)(4)(G)-(H) because this system of records is
exempt from the access provisions of subsection (d).
(5) From subsection (f) because the agency's rules are inapplicable
to those portions of the system that are exempt and would place the
burden on the agency of either confirming or denying the existence of a
record pertaining to a requesting individual might in itself provide an
answer to that individual relating to an on-going investigation. The
conduct of a successful investigation leading to the indictment of a
criminal offender precludes the applicability of established agency
rules relating to verification of record, disclosure of the record to
that individual, and record amendment procedures for this record
system.
Ivan J. Flores,
Paralegal Specialist, Recovery Accountability and Transparency Board.
[FR Doc. 2010-8912 Filed 4-16-10; 8:45 am]
BILLING CODE 6820-GA-P