Proposed Privacy Act Systems of Records, 7239-7241 [2011-2871]

Agencies

• DEPARTMENT OF THE TREASURY

[Federal Register Volume 76, Number 27 (Wednesday, February 9, 2011)]
[Notices]
[Pages 7239-7241]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-2871]


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DEPARTMENT OF THE TREASURY


Proposed Privacy Act Systems of Records

AGENCY: Departmental Offices, Treasury.

ACTION: Notice of proposed Privacy Act systems of records.

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SUMMARY: In accordance with the requirements of the Privacy Act of 
1974, as amended, the Department of the Treasury, Departmental Offices 
gives notice of a proposed system of records entitled, ``Treasury/DO 
.225 --TARP Fraud Investigation Information System.''

DATES: Comments must be received no later than March 11, 2011. The 
proposed new system of records will be effective March 11, 2011 unless 
comments are received which would result in a contrary determination.

ADDRESSES: Written comments should be sent to the Department of the 
Treasury, ATTN: Supervisory Fraud Specialist, 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: Brian Bressman, Department of the 
Treasury, 1500 Pennsylvania Avenue, NW., Washington, DC 20220, at (202) 
927-9219 (fax) or via electronic mail at Brian.Bressman@do.treas.gov.

SUPPLEMENTARY INFORMATION: The Department established the Office of 
Financial Stability (OFS) to manage the Troubled Asset Relief Program 
(TARP). TARP was established under the Emergency Economic Stabilization 
Act of 2008 (EESA) with the specific goal of stabilizing the United 
States financial system and preventing a systemic collapse. Treasury 
established a series of initiatives under the TARP that include the 
Making Home Affordable Program, Hardest Hit Fund, Capital Purchase 
Program, American International Group (AIG) Program, Consumer and 
Business Lending Initiative, Public-Private Investment Program, Capital 
Assistance Program, Asset Guarantee Program, Targeted Investment 
Program, and the Automotive Industry Financing Program. These programs 
aim to stabilize the financial system, restore the flow of credit to 
consumers and businesses, and mitigate the effects of the foreclosure 
crisis to keep millions of Americans in their homes. OFS is 
establishing the TARP Fraud Investigation Information System to assist 
the Department in carrying out its responsibilities under EESA. The 
TARP Fraud Investigation Information System maintains information 
relevant to background inquiries conducted on individuals that seek, 
receive or are entrusted with the TARP funds, and to complaints 
received and collected as part of investigations pertaining to alleged 
fraud, waste, and/or abuse committed against the TARP programs. 
Information in the system will assist investigators in determining 
whether to: (a) Refer matters to the Office of the Special Inspector 
General for the Troubled Asset Relief Program (SIGTARP) for further 
investigation and resolution; (b) refer matters to OFS Financial Agents 
and others for compliance review; or (c) close matters with no further 
action to be taken. The OFS Fraud Investigation Information System is 
important to the success of the OFS mission.
    In a notice of proposed rulemaking, which is published separately 
in the Federal Register, the Office of Financial Stability is proposing 
to exempt records maintained in several systems from certain of the 
Privacy Act's requirements pursuant to 5 U.S.C. 552a(k)(2).
    The report of a new system of records, as required by 5 U.S.C. 
552a(r) of the

[[Page 7240]]

Privacy Act, has been provided 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.
    The proposed new system of records, entitled ``Treasury/DO .225--
TARP Fraud Investigation Information System'' is published in its 
entirety below.

    Dated: January 25, 2011.
Melissa Hartman,
Deputy Assistant Secretary for Privacy, Transparency and Records.
Treasury/DO .225

SYSTEM NAME:
    TARP Fraud Investigation Information System.

SYSTEM LOCATION:
    Office of Financial Stability, Department of the Treasury, 1500 
Pennsylvania Avenue, NW., Washington, DC 20220.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    The TARP Fraud Investigation Information System contains 
information about:
    (a) Individuals that seek, receive or are entrusted with TARP 
funds;
    (b) Individuals that are:
    1. Known perpetrators or suspected perpetrators of a known or 
possible fraud committed or attempted against TARP programs;
    2. Directors, officers, partners, proprietors, employees, and 
agents, of a business entity;
    3. Named as possible witnesses;
    4. Actual or potential victims of fraud, including but not limited 
to mortgage fraud; and
    5. Individuals or entities who have applied to any of the TARP 
programs, recipients of TARP program funds and/or benefits, OFS 
contractors, OFS agents; or
    6. Individuals or entities who have or might have information about 
reported matters.

CATEGORIES OF RECORDS IN THE SYSTEM:
    This system of records contains information on individuals or 
entities who seek, receive or are entrusted with TARP funds, are the 
subject of an investigation or in connection with an investigation, 
undertaken by OFS into allegations of actual or suspected TARP program 
fraud, waste, and/or abuse. Typically, these records include, but are 
not limited to, the individual's name, date of birth, social security 
number, telephone number(s), residential address(es), e-mail or web 
address(es), driver's license number, vehicle ownership records, prior 
criminal history, and other exhibits and documents collected during an 
investigation.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    12 U.S.C. 5211 and 18 U.S.C. 1031.

PURPOSE(S):
    The purpose of this system of records is to maintain a database of 
investigative materials consisting of complaints, inquiries, and 
investigative referrals pertaining to alleged fraud, waste, and/or 
abuse committed or alleged to have been committed by third parties 
against the TARP programs, and of background inquiries conducted on 
individuals seeking, receiving or entrusted with TARP funds. 
Information in the system will allow investigators to determine whether 
to refer matters to the appropriate authority for further investigation 
and possible criminal, civil, or administrative action.

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 appropriate Federal, 
foreign, State, local, Tribal or other public authorities or self-
regulatory organizations responsible for investigating or prosecuting 
the violations of, or for enforcing or implementing, a statute, rule, 
regulation, order, or license, where the disclosing agency becomes 
aware of an indication of a potential violation of civil or criminal 
law or regulation.
    2. Provide information to a Congressional office in response to an 
inquiry made at the request of the individual to whom the record 
pertains.
    3. Disclose information 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 of the Treasury (Department) in a proceeding 
before a 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 DOJ 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. To disclose information to the appropriate Federal, foreign, 
State, local, Tribal, or other public authority or self regulatory 
organization for the purpose of consulting as to the propriety of 
access to or amendment or correction of information obtained from that 
authority or organization, or verifying the identity of an individual 
who has requested access to or amendment or correction of records.

[[Page 7241]]

POLICIES AND PRACTICES FOR STORING, RETRIEVING, SAFEGUARDING, RETAINING 
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
    These records are maintained in both an electronic media and paper 
records.

RETRIEVABILITY:
    These records may be retrieved by various combinations of employer 
name and or individual name.

SAFEGUARDS:
    Where feasible, data in electronic format is encrypted or password 
protected. Access to data and records is limited to only those 
employees within the Office of Financial Stability whose duties require 
access. Physical records are kept securely locked at a controlled, 
limited-access facility. 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:
    Supervisory Fraud Specialist, Office of Financial Stability, U.S. 
Department of the Treasury, 1500 Pennsylvania Avenue, NW., Washington, 
DC 20220.

NOTIFICATION PROCEDURE:
    Individuals seeking notification and access to any record contained 
in this system of records, or seeking to contest its content, may 
inquire in writing in accordance with instructions appearing at 31 CFR 
part 1, subpart C, appendix A. Address inquiries to: Director, 
Disclosure Services, Department of the Treasury, 1500 Pennsylvania 
Avenue, NW., Washington, DC 20220. This system of records may contain 
records that are exempt from the notification, access, and contesting 
records requirements pursuant to the provisions of 5 U.S.C. 552a(k)(2).

RECORD ACCESS PROCEDURE:
    See ``Notification Procedure'' above.

CONTESTING RECORD PROCEDURE:
    See ``Notification Procedure'' above.

RECORD SOURCE CATEGORIES:
    Information contained in this system is obtained from mortgage 
servicers, other government agencies or self regulatory organizations, 
Treasury's financial agents, commercial databases, and/or witnesses or 
other third parties having information relevant to an investigation. 
Some records contained within this system of records are exempt from 
the requirement that the record source categories be disclosed pursuant 
to the provisions of 5 U.S.C. 552a(k)(2).

EXEMPTIONS CLAIMED FOR THE SYSTEM:
    Some records contained within this system of records are exempt 
from 5 U.S.C. 552a(c)(3), (d)(1), (d)(2), (d)(3), (d)(4), (e)(1), 
(e)(4)(G), (e)(4)(H), (I) and (f) of the Privacy Act pursuant to 5 
U.S.C. 552a(k)(2).

[FR Doc. 2011-2871 Filed 2-8-11; 8:45 am]
BILLING CODE 4810-25-P