Privacy Act of 1974; Notice of New System of Records, 11648-11650 [2013-03743]
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Federal Register / Vol. 78, No. 33 / Tuesday, February 19, 2013 / Notices
New notice.
FEDERAL RESERVE SYSTEM
ACTION:
Notice of Proposals To Engage in or
To Acquire Companies Engaged in
Permissible Nonbanking Activities
SUMMARY:
The companies listed in this notice
have given notice under section 4 of the
Bank Holding Company Act (12 U.S.C.
1843) (BHC Act) and Regulation Y, (12
CFR Part 225) to engage de novo, or to
acquire or control voting securities or
assets of a company, including the
companies listed below, that engages
either directly or through a subsidiary or
other company, in a nonbanking activity
that is listed in § 225.28 of Regulation Y
(12 CFR 225.28) or that the Board has
determined by Order to be closely
related to banking and permissible for
bank holding companies. Unless
otherwise noted, these activities will be
conducted throughout the United States.
Each notice is available for inspection
at the Federal Reserve Bank indicated.
The notice also will be available for
inspection at the offices of the Board of
Governors. Interested persons may
express their views in writing on the
question whether the proposal complies
with the standards of section 4 of the
BHC Act.
Unless otherwise noted, comments
regarding the applications must be
received at the Reserve Bank indicated
or the offices of the Board of Governors
not later than March 5, 2013.
A. Federal Reserve Bank of Chicago
(Colette A. Fried, Assistant Vice
President) 230 South LaSalle Street,
Chicago, Illinois 60690–1414:
1. Union Financial Corporation, Lake
Odessa, Michigan; to engage de novo
through its subsidiary, Union
Consulting, LLC, Lake Odessa,
Michigan, in providing certain
regulatory compliance consulting
services to unaffiliated community
banks, pursuant to section
225.28(b)(9)(i).
Board of Governors of the Federal Reserve
System, February 13, 2013.
Michael J. Lewandowski,
Assistant Secretary of the Board.
[FR Doc. 2013–03718 Filed 2–15–13; 8:45 am]
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TKELLEY on DSK3SPTVN1PROD with NOTICES
GENERAL SERVICES
ADMINISTRATION
[Notice–CIB–2012–04; Docket No: 2012–
0002; Sequence 27]
Privacy Act of 1974; Notice of New
System of Records
General Services
Administration.
AGENCY:
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The General Services
Administration (GSA) proposes to
establish a new system of records
subject to the Privacy Act of 1974, as
amended, 5 U.S.C. 552a.
DATES: Effective March 21, 2013.
FOR FURTHER INFORMATION CONTACT: Call
or email the GSA Privacy Act Officer:
telephone 202–208–1317; email
gsa.privacyact@gsa.gov.
GSA Privacy Act Officer
(CIB), General Services Administration,
1275 First Street NE., Washington, DC
20417.
ADDRESSES:
GSA
proposes to establish a new system of
records subject to the Privacy Act of
1974, 5 U.S.C. 552a. The new system,
System for Award Management (SAM),
combines several Governmentwide
systems into one. SAM contains records
that capture information users
voluntarily provide about their entity as
part of the process to register to do
business with the Federal Government.
SAM also contains exclusion records
that Federal Government agencies enter
to suspend or debar entities.
SUPPLEMENTARY INFORMATION:
Dated: February 13, 2013.
James Atwater,
Acting Director, Office of Information
Management.
GSA/GOVT–9
SYSTEM NAME:
System for Award Management
(SAM).
SYSTEM LOCATION:
The General Services Administration
(GSA) Federal Acquisition Service
(FAS) is the owner of the system. The
system is hosted, operated, and
maintained by contractors. Records are
maintained in an electronic form on
servers housed at the contractors’
facilities within the United States.
Contact the system manager for
additional information.
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
SAM currently has two functional
areas which cover individuals. In the
Entity Management functional area,
SAM covers individuals who are sole
proprietors and register to do business
with the Government as sole
proprietors. For purposes of this system
of records notice, individuals with
records in the Entity Management
functional area will be referred to as
‘‘entity’’ or ‘‘entities’’. In the exclusion
portion of the Performance Information
functional area, SAM covers individuals
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who are excluded or disqualified under
certain circumstances, including but not
limited to the following: A Federal
agency’s action under the Common
Rules on Non-procurement suspension
and debarment, or otherwise declared
ineligible from receiving certain Federal
assistance and/or benefits; individuals
debarred, suspended, proposed for
debarment, or otherwise declared
ineligible from participating in Federal
procurement programs; individuals
barred or suspended from acting as
sureties for bid and performance bond
activity in procurement programs;
individuals barred from entering the
United States; and individuals that may
be subject to sanctions pursuant to 31
CFR Parts 500–599 and subparts
thereunder.
CATEGORIES OF RECORDS IN THE SYSTEM:
Since SAM combined several
Governmentwide systems, it has
multiple functional areas. In the Entity
Management functional area, SAM
contains records that capture
information users voluntarily provide
about their entity as part of the process
to register to do business with the
Federal Government, including the
entity legal business name, entity email
address, entity telephone number, entity
Taxpayer Identification Number (TIN),
and entity address. In the case of a sole
proprietor, tax laws allow them to use
their Social Security Number (SSN) as
their TIN if they do not have a separate
Employer Identification Number (EIN).
The TIN (whether it be an EIN or an
SSN) is not publicly available data. In
the exclusion portion of the
Performance Information functional
area, SAM contains records entered by
Federal agency suspension and
debarment officials, some of which may
be records on individuals. Exclusion
records on individuals contain certain
information that will never be displayed
publicly, e.g. street address information,
as well as the SSN or TIN. Agencies
disclose the SSN of an individual to
verify the identity of an individual, only
if permitted under the Privacy Act of
1974 and, if appropriate, the Computer
Matching and Privacy Protection Act of
1988, as codified in 5 U.S.C. 552(a).
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
For the Entity Management functional
area of SAM, the authorities for
collecting the information and
maintaining the system are the Federal
Acquisition Regulation (FAR) Subparts
4.11 and 52.204 and 2 CFR, Subtitle A,
Chapter I, and Part 25, as well as 40
U.S.C. 121(c). For the exclusions portion
of the Performance Information
functional area, the authorities for
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Federal Register / Vol. 78, No. 33 / Tuesday, February 19, 2013 / Notices
collecting the information and
maintaining the system are FAR
Subparts 9.4 and 28.2, Executive Order
12549 (February 18, 1986), Executive
Order 12689 (August 16, 1989).
PURPOSE:
GSA proposes to establish a new
system of records subject to the Privacy
Act of 1974 (as amended), 5 U.S.C. 552a.
The System for Award Management
(SAM) consolidates functions that were
previously handled by the Central
Contractor Registration (CCR) system,
Excluded Parties List System (EPLS),
and Online Representations and
Certifications Application (ORCA). SAM
provides the capability to manage
information about entities wishing to do
business with the Federal Government,
and maintain information about those
entities to ensure that entities seeking to
do business with the Federal
Government have not been debarred,
suspended, or otherwise excluded from
doing business. SAM maintains this
Governmentwide system of records to
enable Federal agencies to determine
who is registered to do business with
the Federal Government, and to identify
individuals who have been excluded
from participating in Federal
procurement and non-procurement
(financial or non-financial assistance
and benefits programs), throughout the
Federal Government. In some instances
a record may demonstrate that an
exclusion applies only to the agency
taking the action, and therefore does not
have Governmentwide effect. The
purpose of these exclusions is to protect
the Government from non-responsible
contractors and individuals, ensure
proper management throughout the
Federal government, and protect the
integrity of Federal activities.
TKELLEY on DSK3SPTVN1PROD with NOTICES
ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM:
System information may also be used:
a. By contracting officers and other
Federal, state, local or tribal government
employees involved in procuring goods
and services with federal funds or
administering Federal financial
assistance programs or benefits to
determine a party’s eligibility status to
participate in Federal procurement and
non-procurement programs.
b. By a Federal, state, local, tribal, or
foreign agency responsible for
investigating, prosecuting, enforcing, or
carrying out a statue, rule, regulation or
order where records clearly indicate, or
when seen with other records indicate,
a violation of civil or criminal law or
regulation, when the information is
needed to perform a Federal duty or to
decide the issues.
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c. By a Federal, state, local, or tribal
agency, financial institution or a
healthcare or industry provider that
administers federal financial or nonfinancial assistance programs or
benefits, when the information is
needed to determine eligibility.
d. By an expert, consultant,
contractor, Federal, state, local, or tribal
agency, or financial institution, when
the information is needed to perform a
Federal duty.
e. By an appeal, grievance, or formal
complaints examiner, an equal
employment opportunity investigator,
an arbitrator, a union representative, or
other official engaged in investigating or
settling a grievance, complaint, or
appeal filed by an employee, when the
information is needed to decide the
issues.
f. By a requesting Federal, state, local,
or tribal agency, financial institution, or
a healthcare or industry provider in
connection with hiring or retaining an
employee, issuing a security clearance,
investigating an employee, clarifying a
job, letting a contract, or issuing a
license, grant, or other benefit by the
requesting agency where the
information is needed to decide on a
Federal financial or non-financial
assistance program or benefit.
g. By a member of Congress or to a
congressional staff member in response
to a request from the person who is the
subject of the record, when the
information is needed to perform a
Federal duty.
h. By the Department of Justice when
an agency, an agency employee, or the
United States is a party to or has an
interest in litigation, and the records are
needed to pursue the litigation.
i. By a court or judicial body when an
agency, an agency employee, or the
United States is a party to or has an
interest in litigation, and the records are
needed to pursue the litigation.
j. By the Office of Personnel
Management (OPM), the Office of
Management and Budget (OMB), the
Government Accountability Office
(GAO) or the Interagency Suspension
and Debarment Committee (ISDC) when
the information is required for program
evaluation purposes.
k. By the National Archives and
Records Administration (NARA) for
records management purposes.
l. By appropriate agencies, entities,
and persons when (1) The Agency
suspects or has confirmed that the
security or confidentiality of
information in the system of records has
been compromised; (2) the Agency has
determined that as a result of the
suspected or confirmed compromise
there is a risk of harm to economic or
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11649
property interests, identity theft or
fraud, or harm to the security or
integrity of this system or other systems
or programs (whether maintained by
GSA or another agency or entity) that
rely upon the compromised
information; and (3) the disclosure
made to such agencies, entities, and
persons is reasonably necessary to assist
in connection with GSA’s efforts to
respond to the suspected or confirmed
compromise and prevent, minimize, or
remedy such harm.
m. By the ‘‘Do Not Pay Program’’
which receives excluded parties
information and affirmative criminal,
civil, and administrative proceedings
entries from entity registration records
and displays it to Federal agencies for
the purpose of identifying, preventing,
or recouping improper payments to an
applicant for, or recipient of, Federal
funds, including funds disbursed by a
state in a state-administered, federally
funded program. This transfer of
information is authorized pursuant to
the Improper Payments Elimination and
Recovery Act of 2010, Executive Order
13520, and Presidential Memorandum
dated June 18, 2010, which required
agencies to review existing databases
known collectively as the ‘‘Do Not Pay
List’’ before the release of any Federal
funds. The purpose of the ‘‘Do Not Pay
List’’ is to help prevent, reduce and stop
improper payments from being made,
and to identify and mitigate fraud, waste
and abuse.’’
STORAGE:
Electronic records are stored on a
secure server, backed up to tape media,
and accessed only by authorized
personnel.
RETRIEVAL:
System records are retrievable by
searching against information in the
record, including, but not limited to, the
person’s or entity’s name, DUNS
number, Social Security Number (SSN)
and Taxpayer Identification Number
(TIN). Searching for registration records
by TIN is limited to Federal Government
users. Searching for exclusion records
by SSN or TIN requires an exact name
match, just like in the legacy EPLS
system.
RETENTION AND DISPOSAL:
System records are retained and
disposed of according to GSA records
maintenance and disposition schedules,
the requirements of the Recovery Board,
and the National Archives and Records
Administration. For the Entity
Management functional area, SAM
allows users to update and delete their
own entity registration records. For the
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Federal Register / Vol. 78, No. 33 / Tuesday, February 19, 2013 / Notices
exclusions portion of the Performance
Information functional area, electronic
records of past exclusions are
maintained permanently in the archive
list for historical reference. Federal
agencies reporting exclusion
information in SAM should follow their
agency’s guidance and policies for
disposition of paper records.
SYSTEM MANAGER AND ADDRESS:
Integrated Award Environment
Program Manager, Office of Integrated
Award Environment, Federal
Acquisition Service, U.S. General
Services Administration, 2200 Crystal
Drive, Arlington, Virginia 22202.
Entity records are created by the
person or entity wishing to do business
with the government. Exclusion records
are created by Federal agency
suspension and debarment personnel.
System records are safeguarded in
accordance with the requirements of the
Privacy Act, the Computer Security Act,
and the SAM System Security Plan.
System roles are assigned with specific
permissions to allow or prevent
accessing certain information.
Technical, administrative, and
personnel security measures are
implemented to ensure confidentiality
and integrity of the system data that is
stored, processed, and transmitted,
including password protection and
other appropriate security measures.
NOTIFICATION PROCEDURE:
For the Entity Management functional
area, individuals know that SAM
contains a record on them because they
created the record. For the exclusions
portion of the Performance Management
functional area, individuals receive
prior notification that their names will
be contained in SAM from the Federal
agency that takes the action to exclude
them from Federal procurement and
non-procurement programs. An
individual may retrieve exclusion
records by accessing the SAM public
portal, which displays publicly
available information only. Individuals
may also contact the system program
manager to inquire about any records
about the individual.
TKELLEY on DSK3SPTVN1PROD with NOTICES
RECORD ACCESS PROCEDURES:
Since individuals create the entity
registration record in SAM and can
delete or amend the record, there should
not be any questions about that entry.
However, individuals can contact the
system manager with questions about
the operation of the Entity Management
functional area. Requests from
individuals to determine the specifics of
an exclusion record included in SAM
should be addressed to the Federal
agency POC identified in the exclusion
record.
17:49 Feb 15, 2013
Jkt 229001
Individuals or entities registered in
SAM can edit their own registration
record information. To contest the
content of an exclusion record,
individuals should contact the Federal
agency point of contact identified in the
exclusion record. For GSA provided
exclusion records, procedures for
contesting the content of a record and
appeal procedures can be found at 41
CFR 105–64.
RECORD SOURCE CATEGORIES:
SAFEGUARDS:
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CONTESTING RECORD PROCEDURES:
[FR Doc. 2013–03743 Filed 2–15–13; 8:45 am]
BILLING CODE 6820–34–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Centers for Disease Control and
Prevention
Advisory Board on Radiation and
Worker Health (ABRWH or Advisory
Board), National Institute for
Occupational Safety and Health
(NIOSH)
In accordance with section 10(a)(2) of
the Federal Advisory Committee Act
(Pub. L. 92–463), and pursuant to the
requirements of 42 CFR 83.15(a), the
Centers for Disease Control and
Prevention (CDC), announces the
following meeting of the
aforementioned committee:
Board Public Meeting Times and Dates (All
times are Eastern Time): 9:45 a.m.–6:00 p.m.,
March 12, 2013.
Public Comment Times and Dates (All
times are Eastern Time): 6:00 p.m.–7:00
p.m.,* March 12, 2012.
*Please note that the public comment
period may end before the times indicated,
following the last call for comments.
Members of the public who wish to provide
public comments should plan to attend
public comment sessions at the start times
listed.
Place: Augusta Marriott Hotel, Two Tenth
Street, Augusta, GA 30901; Phone: 706–722–
8900; Fax: 706–724–0044. Audio Conference
Call via FTS Conferencing. The USA toll-free,
dial-in number is 1–866–659–0537 with a
pass code of 9933701.
Status: Open to the public, limited only by
the space available. The meeting space
accommodates approximately 150 people.
Background: The Advisory Board was
established under the Energy Employees
Occupational Illness Compensation Program
Act of 2000 to advise the President on a
variety of policy and technical functions
required to implement and effectively
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manage the new compensation program. Key
functions of the Advisory Board include
providing advice on the development of
probability of causation guidelines which
have been promulgated by the Department of
Health and Human Services (HHS) as a final
rule, advice on methods of dose
reconstruction which have also been
promulgated by HHS as a final rule, advice
on the scientific validity and quality of dose
estimation and reconstruction efforts being
performed for purposes of the compensation
program, and advice on petitions to add
classes of workers to the Special Exposure
Cohort (SEC).
In December 2000, the President delegated
responsibility for funding, staffing, and
operating the Advisory Board to HHS, which
subsequently delegated this authority to the
CDC. NIOSH implements this responsibility
for CDC. The charter was issued on August
3, 2001, renewed at appropriate intervals,
and will expire on August 3, 2013.
Purpose: This Advisory Board is charged
with (a) providing advice to the Secretary,
HHS, on the development of guidelines
under Executive Order 13179; (b) providing
advice to the Secretary, HHS, on the
scientific validity and quality of dose
reconstruction efforts performed for this
program; and (c) upon request by the
Secretary, HHS, advise the Secretary on
whether there is a class of employees at any
Department of Energy facility who were
exposed to radiation but for whom it is not
feasible to estimate their radiation dose, and
on whether there is reasonable likelihood
that such radiation doses may have
endangered the health of members of this
class.
Matters To Be Discussed: The agenda for
the Advisory Board meeting includes: NIOSH
Program Update; Department of Labor
Program Update; Department of Energy
Program Update; SEC petitions for:
Brookhaven National Laboratory (1994–
2007), Baker Brothers (Toledo, OH; 1945–
1996); Procedures Review Subcommittee
Report; SEC Issues Work Group Report on
‘‘Sufficient Accuracy’’; Savannah River Site
Work Group Update; SEC Petitions Update;
and Board Work Sessions.
The agenda is subject to change as
priorities dictate.
In the event an individual cannot attend,
written comments may be submitted in
accordance with the redaction policy
provided below. Any written comments
received will be provided at the meeting and
should be submitted to the contact person
below well in advance of the meeting.
Policy on Redaction of Board Meeting
Transcripts (Public Comment): (1) If a person
making a comment gives his or her name, no
attempt will be made to redact that name. (2)
NIOSH will take reasonable steps to ensure
that individuals making public comment are
aware of the fact that their comments
(including their name, if provided) will
appear in a transcript of the meeting posted
on a public Web site. Such reasonable steps
include: (a) A statement read at the start of
each public comment period stating that
transcripts will be posted and names of
speakers will not be redacted; (b) A printed
copy of the statement mentioned in (a) above
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]]>Agencies
[Federal Register Volume 78, Number 33 (Tuesday, February 19, 2013)]
[Notices]
[Pages 11648-11650]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-03743]
=======================================================================
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GENERAL SERVICES ADMINISTRATION
[Notice-CIB-2012-04; Docket No: 2012-0002; Sequence 27]
Privacy Act of 1974; Notice of New System of Records
AGENCY: General Services Administration.
ACTION: New notice.
-----------------------------------------------------------------------
SUMMARY: The General Services Administration (GSA) proposes to
establish a new system of records subject to the Privacy Act of 1974,
as amended, 5 U.S.C. 552a.
DATES: Effective March 21, 2013.
FOR FURTHER INFORMATION CONTACT: Call or email the GSA Privacy Act
Officer: telephone 202-208-1317; email gsa.privacyact@gsa.gov.
ADDRESSES: GSA Privacy Act Officer (CIB), General Services
Administration, 1275 First Street NE., Washington, DC 20417.
SUPPLEMENTARY INFORMATION: GSA proposes to establish a new system of
records subject to the Privacy Act of 1974, 5 U.S.C. 552a. The new
system, System for Award Management (SAM), combines several
Governmentwide systems into one. SAM contains records that capture
information users voluntarily provide about their entity as part of the
process to register to do business with the Federal Government. SAM
also contains exclusion records that Federal Government agencies enter
to suspend or debar entities.
Dated: February 13, 2013.
James Atwater,
Acting Director, Office of Information Management.
GSA/GOVT-9
System Name:
System for Award Management (SAM).
System location:
The General Services Administration (GSA) Federal Acquisition
Service (FAS) is the owner of the system. The system is hosted,
operated, and maintained by contractors. Records are maintained in an
electronic form on servers housed at the contractors' facilities within
the United States. Contact the system manager for additional
information.
Categories of individuals covered by the system:
SAM currently has two functional areas which cover individuals. In
the Entity Management functional area, SAM covers individuals who are
sole proprietors and register to do business with the Government as
sole proprietors. For purposes of this system of records notice,
individuals with records in the Entity Management functional area will
be referred to as ``entity'' or ``entities''. In the exclusion portion
of the Performance Information functional area, SAM covers individuals
who are excluded or disqualified under certain circumstances, including
but not limited to the following: A Federal agency's action under the
Common Rules on Non-procurement suspension and debarment, or otherwise
declared ineligible from receiving certain Federal assistance and/or
benefits; individuals debarred, suspended, proposed for debarment, or
otherwise declared ineligible from participating in Federal procurement
programs; individuals barred or suspended from acting as sureties for
bid and performance bond activity in procurement programs; individuals
barred from entering the United States; and individuals that may be
subject to sanctions pursuant to 31 CFR Parts 500-599 and subparts
thereunder.
Categories of records in the system:
Since SAM combined several Governmentwide systems, it has multiple
functional areas. In the Entity Management functional area, SAM
contains records that capture information users voluntarily provide
about their entity as part of the process to register to do business
with the Federal Government, including the entity legal business name,
entity email address, entity telephone number, entity Taxpayer
Identification Number (TIN), and entity address. In the case of a sole
proprietor, tax laws allow them to use their Social Security Number
(SSN) as their TIN if they do not have a separate Employer
Identification Number (EIN). The TIN (whether it be an EIN or an SSN)
is not publicly available data. In the exclusion portion of the
Performance Information functional area, SAM contains records entered
by Federal agency suspension and debarment officials, some of which may
be records on individuals. Exclusion records on individuals contain
certain information that will never be displayed publicly, e.g. street
address information, as well as the SSN or TIN. Agencies disclose the
SSN of an individual to verify the identity of an individual, only if
permitted under the Privacy Act of 1974 and, if appropriate, the
Computer Matching and Privacy Protection Act of 1988, as codified in 5
U.S.C. 552(a).
Authority for maintenance of the system:
For the Entity Management functional area of SAM, the authorities
for collecting the information and maintaining the system are the
Federal Acquisition Regulation (FAR) Subparts 4.11 and 52.204 and 2
CFR, Subtitle A, Chapter I, and Part 25, as well as 40 U.S.C. 121(c).
For the exclusions portion of the Performance Information functional
area, the authorities for
[[Page 11649]]
collecting the information and maintaining the system are FAR Subparts
9.4 and 28.2, Executive Order 12549 (February 18, 1986), Executive
Order 12689 (August 16, 1989).
Purpose:
GSA proposes to establish a new system of records subject to the
Privacy Act of 1974 (as amended), 5 U.S.C. 552a. The System for Award
Management (SAM) consolidates functions that were previously handled by
the Central Contractor Registration (CCR) system, Excluded Parties List
System (EPLS), and Online Representations and Certifications
Application (ORCA). SAM provides the capability to manage information
about entities wishing to do business with the Federal Government, and
maintain information about those entities to ensure that entities
seeking to do business with the Federal Government have not been
debarred, suspended, or otherwise excluded from doing business. SAM
maintains this Governmentwide system of records to enable Federal
agencies to determine who is registered to do business with the Federal
Government, and to identify individuals who have been excluded from
participating in Federal procurement and non-procurement (financial or
non-financial assistance and benefits programs), throughout the Federal
Government. In some instances a record may demonstrate that an
exclusion applies only to the agency taking the action, and therefore
does not have Governmentwide effect. The purpose of these exclusions is
to protect the Government from non-responsible contractors and
individuals, ensure proper management throughout the Federal
government, and protect the integrity of Federal activities.
Routine uses of records maintained in the system:
System information may also be used:
a. By contracting officers and other Federal, state, local or
tribal government employees involved in procuring goods and services
with federal funds or administering Federal financial assistance
programs or benefits to determine a party's eligibility status to
participate in Federal procurement and non-procurement programs.
b. By a Federal, state, local, tribal, or foreign agency
responsible for investigating, prosecuting, enforcing, or carrying out
a statue, rule, regulation or order where records clearly indicate, or
when seen with other records indicate, a violation of civil or criminal
law or regulation, when the information is needed to perform a Federal
duty or to decide the issues.
c. By a Federal, state, local, or tribal agency, financial
institution or a healthcare or industry provider that administers
federal financial or non-financial assistance programs or benefits,
when the information is needed to determine eligibility.
d. By an expert, consultant, contractor, Federal, state, local, or
tribal agency, or financial institution, when the information is needed
to perform a Federal duty.
e. By an appeal, grievance, or formal complaints examiner, an equal
employment opportunity investigator, an arbitrator, a union
representative, or other official engaged in investigating or settling
a grievance, complaint, or appeal filed by an employee, when the
information is needed to decide the issues.
f. By a requesting Federal, state, local, or tribal agency,
financial institution, or a healthcare or industry provider in
connection with hiring or retaining an employee, issuing a security
clearance, investigating an employee, clarifying a job, letting a
contract, or issuing a license, grant, or other benefit by the
requesting agency where the information is needed to decide on a
Federal financial or non-financial assistance program or benefit.
g. By a member of Congress or to a congressional staff member in
response to a request from the person who is the subject of the record,
when the information is needed to perform a Federal duty.
h. By the Department of Justice when an agency, an agency employee,
or the United States is a party to or has an interest in litigation,
and the records are needed to pursue the litigation.
i. By a court or judicial body when an agency, an agency employee,
or the United States is a party to or has an interest in litigation,
and the records are needed to pursue the litigation.
j. By the Office of Personnel Management (OPM), the Office of
Management and Budget (OMB), the Government Accountability Office (GAO)
or the Interagency Suspension and Debarment Committee (ISDC) when the
information is required for program evaluation purposes.
k. By the National Archives and Records Administration (NARA) for
records management purposes.
l. By appropriate agencies, entities, and persons when (1) The
Agency suspects or has confirmed that the security or confidentiality
of information in the system of records has been compromised; (2) the
Agency has determined that as a result of the suspected or confirmed
compromise 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 GSA or
another agency or entity) that rely upon the compromised information;
and (3) the disclosure made to such agencies, entities, and persons is
reasonably necessary to assist in connection with GSA's efforts to
respond to the suspected or confirmed compromise and prevent, minimize,
or remedy such harm.
m. By the ``Do Not Pay Program'' which receives excluded parties
information and affirmative criminal, civil, and administrative
proceedings entries from entity registration records and displays it to
Federal agencies for the purpose of identifying, preventing, or
recouping improper payments to an applicant for, or recipient of,
Federal funds, including funds disbursed by a state in a state-
administered, federally funded program. This transfer of information is
authorized pursuant to the Improper Payments Elimination and Recovery
Act of 2010, Executive Order 13520, and Presidential Memorandum dated
June 18, 2010, which required agencies to review existing databases
known collectively as the ``Do Not Pay List'' before the release of any
Federal funds. The purpose of the ``Do Not Pay List'' is to help
prevent, reduce and stop improper payments from being made, and to
identify and mitigate fraud, waste and abuse.''
Storage:
Electronic records are stored on a secure server, backed up to tape
media, and accessed only by authorized personnel.
Retrieval:
System records are retrievable by searching against information in
the record, including, but not limited to, the person's or entity's
name, DUNS number, Social Security Number (SSN) and Taxpayer
Identification Number (TIN). Searching for registration records by TIN
is limited to Federal Government users. Searching for exclusion records
by SSN or TIN requires an exact name match, just like in the legacy
EPLS system.
Retention and disposal:
System records are retained and disposed of according to GSA
records maintenance and disposition schedules, the requirements of the
Recovery Board, and the National Archives and Records Administration.
For the Entity Management functional area, SAM allows users to update
and delete their own entity registration records. For the
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exclusions portion of the Performance Information functional area,
electronic records of past exclusions are maintained permanently in the
archive list for historical reference. Federal agencies reporting
exclusion information in SAM should follow their agency's guidance and
policies for disposition of paper records.
System manager and address:
Integrated Award Environment Program Manager, Office of Integrated
Award Environment, Federal Acquisition Service, U.S. General Services
Administration, 2200 Crystal Drive, Arlington, Virginia 22202.
Safeguards:
System records are safeguarded in accordance with the requirements
of the Privacy Act, the Computer Security Act, and the SAM System
Security Plan. System roles are assigned with specific permissions to
allow or prevent accessing certain information. Technical,
administrative, and personnel security measures are implemented to
ensure confidentiality and integrity of the system data that is stored,
processed, and transmitted, including password protection and other
appropriate security measures.
Notification procedure:
For the Entity Management functional area, individuals know that
SAM contains a record on them because they created the record. For the
exclusions portion of the Performance Management functional area,
individuals receive prior notification that their names will be
contained in SAM from the Federal agency that takes the action to
exclude them from Federal procurement and non-procurement programs. An
individual may retrieve exclusion records by accessing the SAM public
portal, which displays publicly available information only. Individuals
may also contact the system program manager to inquire about any
records about the individual.
Record access procedures:
Since individuals create the entity registration record in SAM and
can delete or amend the record, there should not be any questions about
that entry. However, individuals can contact the system manager with
questions about the operation of the Entity Management functional area.
Requests from individuals to determine the specifics of an exclusion
record included in SAM should be addressed to the Federal agency POC
identified in the exclusion record.
Contesting record procedures:
Individuals or entities registered in SAM can edit their own
registration record information. To contest the content of an exclusion
record, individuals should contact the Federal agency point of contact
identified in the exclusion record. For GSA provided exclusion records,
procedures for contesting the content of a record and appeal procedures
can be found at 41 CFR 105-64.
Record source categories:
Entity records are created by the person or entity wishing to do
business with the government. Exclusion records are created by Federal
agency suspension and debarment personnel.
[FR Doc. 2013-03743 Filed 2-15-13; 8:45 am]
BILLING CODE 6820-34-P
