Privacy Act of 1974; System of Records, 5860-5862 [2012-2505]

Agencies

• Recovery Accountability and Transparency Board

[Federal Register Volume 77, Number 24 (Monday, February 6, 2012)]
[Notices]
[Pages 5860-5862]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-2505]


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RECOVERY ACCOUNTABILITY AND TRANSPARENCY BOARD

[Doc. No. 12-001]


Privacy Act of 1974; System of Records

AGENCY: Recovery Accountability and Transparency Board

ACTION: Notice of amendment to existing Privacy Act system of records.

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SUMMARY: The Recovery Accountability and Transparency Board (Board) is 
issuing public notice of its intent to amend a system of records that 
it maintains subject to the Privacy Act of 1974 (5 U.S.C. 552a), as 
amended (Privacy Act or the Act); specifically, RATB-13, entitled 
``Fast Alert System.'' RATB-13 is being amended to reflect legislation 
expanding the purview of the Board's responsibilities, see, e.g., 
Consolidated Appropriations Act of 2012, Public Law 112-74, (Dec. 23, 
2011); Education Jobs Fund, Public Law 111-226, 124 Stat. 2389, Sec.  
101 (2010). Accordingly, the Board is making substantive amendments to 
its system notice to include: amended categories of individuals covered 
by the system, amended categories of records in the system, additional 
authorities for maintenance of the system, amended routine uses, and 
amended record source categories. In addition, the Board is renaming 
the system as RATB-13-FederalAccountability.gov System. The amended 
system of records reads as follows:
RATB--13

SYSTEM NAME:
    FederalAccountability.gov System.

SECURITY CLASSIFICATION:
    Controlled Unclassified Information.

SYSTEM LOCATION:
    The principal location for the system is the Recovery 
Accountability and Transparency Board, located at 1717 Pennsylvania 
Avenue NW., Suite 700, Washington, DC 20006.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    This system contains records on individuals acting in a personal 
capacity who relate to official Board efforts undertaken in support of 
its mission to coordinate and conduct oversight of Recovery Act funds 
to prevent fraud, waste, and abuse, and to develop and test technology 
resources and oversight mechanisms to detect and remediate fraud, 
waste, and abuse in Federal spending. These individuals include but are 
not limited to those that have applied for, sought, or received Federal 
funds. The system also contains records concerning individuals in their 
entrepreneurial capacity, corporations, and other business entities. 
These records are not subject to the Privacy Act.

CATEGORIES OF RECORDS IN THE SYSTEM:
    Every possible type of information that contributes to effective 
oversight of fraud, waste, and abuse of Federal spending may be 
maintained in this system of records, including but not limited to 
records on Federal funding

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recipients and subrecipients (including vendors) and records on other 
individuals, corporations, sole proprietors, and other legal entities 
that have applied for, sought, or received Federal funds.

AUTHORITY FOR MAINTENANCE OF SYSTEM:
    The Recovery Act established the Board to coordinate and conduct 
oversight of Recovery Act funds to prevent fraud, waste, and abuse. 
Public Law 111-5, Sec. Sec.  1521, 1523(a)(1). The Education Jobs Fund 
required, among other things, that the funds it appropriated be 
administered under the same accountability provisions as Recovery Act 
funds. Public Law 111-226, Sec.  101. The Consolidated Appropriations 
Act of 2012 provided appropriations for the Board ``to develop and test 
information technology resources and oversight mechanisms to * * * 
detect and remediate waste, fraud, and abuse in Federal spending.'' 
Public Law 112-74.

PURPOSE(S):
    The purpose of collecting this information is to assist with the 
Board's efforts to detect and prevent fraud, waste, and abuse of 
Federal funds. By collecting data that is relevant to determinations of 
recipient and potential recipient responsibility and risk, the Board 
can create technology resources and oversight tools to be utilized by 
the Board and by other agencies.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND THE PURPOSES OF SUCH USES:
    Records in the FederalAccountability.gov System may be used:
    A. For auditing or other internal purpose of the Board, including 
but not limited to: review, analysis, and investigation of possible 
fraud, waste, abuse, and mismanagement of Federal funds.
    B. To provide responses to queries from Federal agencies, including 
but not limited to regulatory and law enforcement agencies, regarding 
Federal fund recipients, subrecipients, or vendors, or those seeking 
Federal funds.
    C. To furnish information 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.
    D. To disclose information to a Federal, state, local, or tribal or 
other public authority of the fact that this system of records contains 
information relevant to the retention of an employee or retention of a 
security clearance. That entity, authority, or licensing organization 
may then make a request supported by the written consent of the 
individual for the entire record if it so chooses.
    E. To disclose information to a congressional office from the 
record of an individual in response to an inquiry from the 
congressional office made at the request of the individual.
    F. To disclose information to the Department of Justice (DOJ), or 
in a proceeding before a court, adjudicative body, or other 
administrative body before which the Board is authorized to appear, 
when:
    1. The Board, or any component thereof; or
    2. Any employee of the Board in his or her official capacity; or
    3. Any employee of the Board in his or her individual capacity 
where the DOJ or the Board has agreed to represent the employee; or
    4. The United States, if the Board determines that litigation is 
likely to affect the Board 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 Board is deemed by the Board 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.
    G. To disclose information to the National Archives and Records 
Administration in records management inspections.
    H. To disclose information to contractors, grantees, consultants, 
or volunteers performing or working on a contract, service, grant, 
cooperative agreement, job, or other activity for the Board and who 
have a need to have access to the information in the performance of 
their duties or activities for the Board.

POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, 
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
    The FederalAccountability.gov System records will be stored in 
digital format on a digital storage device. All record storage 
procedures are in accordance with current applicable regulations.

RETRIEVABILITY:
    Records are retrievable by database management systems software 
designed to retrieve data elements based upon role-based (e.g., law 
enforcement or non-law enforcement) user access privileges.

SAFEGUARDS:
    The Board has minimized the risk of unauthorized access to the 
system by establishing a secure environment for exchanging electronic 
information. Physical access uses a defense in-depth approach 
restricting access at each layer closest to where the actual system 
resides. The entire complex is patrolled by security during non-
business hours. Physical access to the data system housed within the 
facility is controlled by a computerized badge-reading system. Multiple 
levels of security are maintained via dual factor authentication for 
access using biometrics. The computer system offers a high degree of 
resistance to tampering and circumvention. This system limits data 
access to Board and contract staff on a need-to-know basis, and 
controls individuals' ability to access and alter records within the 
system. All users of the system of records are given a unique user 
identification (ID) with personal identifiers, and those user IDs are 
consistent with the above referenced role-based access privileges to 
maintain proper security of law enforcement and any other sensitive 
information. All interactions between the system and the authorized 
individual users are recorded.

RETENTION AND DISPOSAL:
    Board personnel will review records on a periodic basis to 
determine whether they should be retained or modified. Further, the 
Board will retain and dispose of these records in accordance with Board 
Records Control Schedules approved by the National Archives and Records 
Administration.

SYSTEM MANAGER AND ADDRESS:
    Michael Wood, Recovery Accountability and Transparency Board, 1717 
Pennsylvania Avenue NW., Suite 700, Washington, DC 20006.

NOTIFICATION PROCEDURE:
    Any individual who wants to know whether this system of records 
contains a record about him or her acting in a personal capacity, who 
wants access to such records, or who wants to contest the contents of 
such records should make a written request to the system manager.

RECORD ACCESS PROCEDURES:
    A request for record access shall follow the directions described 
under Notification Procedure and will be addressed to the system 
manager at the address listed above. To the extent a

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portion of this system contains law enforcement records, such records 
are exempt from this requirement pursuant to 5 U.S.C. 552a(j)(2) and 
(k)(2). To the extent that such law enforcement records are not subject 
to exemption, they are subject to access. A determination as to 
exemption shall be made at the time a request for access is received. 
Access requests shall be directed to the System Manager listed above.

CONTESTING RECORDS PROCEDURES:
    If you wish to contest a record in the system of records, contact 
the system manager and identify the record to be changed, identify the 
corrective action sought, and provide a written justification.

RECORD SOURCE CATEGORIES:
    Information may be obtained from recipients and subrecipients 
(including vendors) of Recovery Act funds or other Federal funds for 
which the Board has been assigned responsibilities; Federal, state, and 
local agencies; public-source and/or commercially available materials.

DATES: Comments on this amendment must be received by the Board on or 
before March 19, 2012. The Privacy Act, at 5 U.S.C. 552a(e)(11), 
requires that the public be provided a 30-day period in which to 
comment on an agency's intended use of information in a system of 
records. Appendix I to Office of Management and Budget Circular A-130 
requires an additional 10-day period, for a total of 40 days, in which 
to make such comments. The system of records will be effective, as 
proposed, at the end of the comment period unless the Board determines, 
upon review of the comments received, that changes should be made. In 
that event, the Board will publish a revised notice in the Federal 
Register.

ADDRESSES: Comments on the proposed new system of records should be 
clearly identified as such and may be submitted:
    By Mail or Hand Delivery: Atticus Reaser, Assistant General 
Counsel, Recovery Accountability and Transparency Board, 1717 
Pennsylvania Avenue NW., Suite 700, Washington, DC 20006;
    By Fax: (202) 254-7970; or
    By Email to the Board: comments@ratb.gov.

FOR FURTHER INFORMATION CONTACT: Atticus Reaser, Assistant General 
Counsel, Recovery Accountability and Transparency Board, 1717 
Pennsylvania Avenue NW., Suite 700, Washington, DC 20006, (202) 254-
7900.

Ivan J. Flores,
Paralegal Specialist, Recovery Accountability and Transparency Board.
[FR Doc. 2012-2505 Filed 2-3-12; 8:45 am]
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