Privacy Act of 1974; System of Records, 38478-38480 [2015-16462]

Agencies

• Recovery Accountability and Transparency Board

[Federal Register Volume 80, Number 128 (Monday, July 6, 2015)]
[Notices]
[Pages 38478-38480]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-16462]


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RECOVERY ACCOUNTABILITY AND TRANSPARENCY BOARD


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. Specifically, RATB-11 entitled ``Oversight Support'' is being 
amended to reflect one new routine use for information contained in the 
system and to make various technical corrections and/or clarifications.

DATES: This action will be effective without further notice on August 
5, 2015 unless comments are received that would result in a contrary 
determination.

ADDRESSES: Comments may be submitted:
    By Mail or Hand Delivery: Atticus J. Reaser, 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 Email to the Board: comments@ratb.gov.
    All comments on the proposed amended systems of records should be 
clearly identified as such.

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

SUPPLEMENTARY INFORMATION: The Board is amending a system of records 
that it maintains subject to the Privacy Act of 1974 (5 U.S.C. 552a), 
as amended. Specifically, RATB-11 entitled ``Oversight Support'' is 
being amended to reflect one new routine use for information contained 
in the system to enable the transfer of information to successor data 
custodians in advance of the Board's termination on September 30, 2015. 
The Board is also making technical corrections and/or clarifications in 
other sections, including the security classification, categories of 
individuals covered by the system, authority for maintenance of system, 
purpose(s), routine uses, safeguards, system manager, notification 
procedure, record access procedures, and contesting records procedures. 
Also for clarity, the Board is adding a separate section specifically 
addressing exemptions from certain provisions of the Privacy Act; 
however, the underlying exemptions are not new. In accordance with 5 
U.S.C. 552a(r), the Board has provided a report of this amended system 
of records to the Office of Management and Budget and to Congress. The 
amended system of records reads as follows:
RATB--11

SYSTEM NAME:
    Oversight Support

SECURITY CLASSIFICATION:
    Controlled Unclassified Information.

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

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    This system contains records on individuals who relate to official 
Recovery Accountability and Transparency Board (Board) efforts 
undertaken in support of its oversight responsibilities reflected in 
the authorities listed in the Authority for Maintenance of the System 
section below. These individuals include:

[[Page 38479]]

    (a) Individuals who are or have been the subject of investigations 
or inquiries identified by or submitted to the Board;
    (b) Individuals who are or have been witnesses, complainants, or 
informants in investigations or inquiries identified by or submitted to 
the Board;
    (c) Individuals who are or have been potential subjects or parties 
to an investigation or inquiry identified by or submitted to the Board; 
and
    (d) Individuals who are or have been related to entities or 
individuals that are or have been a subject of, potential subject of, 
or party to an investigation or inquiry identified by or submitted to 
the Board.
    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 of 1974 (5 U.S.C. 
552a), as amended.

CATEGORIES OF RECORDS IN THE SYSTEM:
    Information relating to investigations and inquiries identified by 
or submitted to the Board, including:
    (a) Letters, memoranda, and other documents describing complaints, 
derogatory information, or alleged criminal, civil, or administrative 
misconduct; and
    (b) General intelligence and relevant data, leads for Inspectors 
General (or other applicable oversight and law enforcement entities), 
reports of investigations and related exhibits, statements and 
affidavits, and records obtained during an investigation or inquiry.

AUTHORITY FOR MAINTENANCE OF SYSTEM:
    The American Recovery and Reinvestment Act of 2009, Sec. Sec.  
1521, 1523(a)(1), Pub. L. 111-5, 123 Stat. 115, 289-90 (2009) (Recovery 
Act), Education Jobs Fund, Pub. L. 111-226, Sec.  101, 124 Stat. 2389 
(2010), and Disaster Relief Appropriations Act, 2013, Sec.  904(d), 
Pub. L. 113-2, 127 Stat. 4, 18 (2013), as well as in accordance with 
the Board's responsibility to develop and test technology resources and 
oversight mechanisms to detect and remediate fraud, waste, and abuse in 
federal spending (see, e.g., Consolidated and Further Continuing 
Appropriations Act, 2015, Pub. L. 113-235, 128 Stat. 2130, 2369 
(2014)).

PURPOSE(S):
    The purpose of this system of records is to enable the Board to 
carry out its oversight responsibilities under applicable law, 
including but not necessarily limited to: coordinating with others and 
conducting oversight to detect and prevent fraud, waste, and abuse of 
Recovery Act and Education Jobs Fund funds; developing and using 
information technology resources and oversight mechanisms to detect and 
remediate waste, fraud and abuse in the obligation and expenditure of 
funds appropriated for purposes related to the impact of Hurricane 
Sandy; and developing and testing information technology resources and 
oversight mechanisms to enhance transparency of and detect and 
remediate waste, fraud, and abuse in all federal spending for use by 
the Board and other federal agencies and entities.

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 the 
Privacy Act (5 U.S.C. 552a(b)), the records or information contained in 
this system of records may specifically be disclosed outside the Board 
as a routine use pursuant to the Privacy Act (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 in a Board review or audit.
    C. To appropriate officials and employees of a federal agency or 
entity that require information relevant to a decision concerning the 
hiring, appointment, or retention of an individual; the issuance, 
renewal, suspension, or revocation of a security clearance; or the 
execution of a security or suitability investigation.
    D. To provide responses to queries from federal agencies and 
entities, including but not limited to regulatory and law enforcement 
agencies, regarding federal fund recipients, subrecipients, or vendors, 
or those seeking federal funds, when the information is relevant to a 
determination related to or arising out of a past, present or 
prospective (i) contract or (ii) grant or other benefit.
    E. 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.
    F. 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 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. Information may be disclosed to the National Archives and 
Records Administration in records management inspections.
    H. 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 
Board and who have a need to access the information in the performance 
of their duties or activities for the Board.
    I. To appropriate federal agencies or entities that will act as 
successor legal and/or physical custodians of the information disclosed 
from the system.

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 on digital 
storage devices or as hard copy files. 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 user access 
privileges. Records may be retrieved by personal identifiers such as, 
but not limited to, name, social security number, date of birth, or 
telephone number. Records may also be retrieved by non-personal 
information such as file number, entity/institution name, subject 
matter, agency involved, or other information.

SAFEGUARDS:
    The Board has minimized the risk of unauthorized access to the 
system by

[[Page 38480]]

establishing a secure environment for exchanging electronic 
information. Physical access to the data system housed within the 
facility is controlled by Federal Information Processing Standards 
(FIPS) compliant access controlled systems. The entire complex is 
patrolled by security during non-business hours. The computer system 
offers a high degree of resistance to tampering and circumvention and 
limits data access to Board and contract staff on a need-to-know basis. 
Individuals' ability to access and alter records within the system is 
controlled. All users of the system of records are provided a unique 
user identification (ID) with personal identifiers. User IDs are 
consistent with the above referenced role-based access privileges to 
maintain proper security of law enforcement and any other sensitive 
information. In concert with access controls, audit trails are used to 
record user and system activity within the system and its associated 
applications.
    Paper records are maintained in file cabinets which may be locked 
or in specified areas to which only authorized personnel have access.

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:
    Executive Director, Recovery Accountability and Transparency Board, 
1717 Pennsylvania Avenue NW., Suite 700, Washington, DC 20006.

NOTIFICATION PROCEDURE:
    Address inquiries to the System Manager listed above. Note that the 
major part of this system is exempt from this requirement pursuant to 5 
U.S.C. 552a(j)(2) and (k)(2). See ``System Exempted from Certain 
Provisions of the Act'' below.

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). See ``System Exempted from 
Certain Provisions of the Act'' below. 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 contesting it, and the proposed amendment to 
the information. Note that the major part of this system is exempt from 
this requirement pursuant to 5 U.S.C. 552a(j)(2) and (k)(2). See 
``System Exempted from Certain Provisions of the Act'' below.

RECORD SOURCE CATEGORIES:
    The subjects of investigations and inquiries; individuals and 
entities with which the subjects of investigations and inquiries are 
associated; federal, state, local, and foreign law enforcement and non-
law enforcement agencies and entities; private citizens; witnesses; 
informants; and public and/or commercially available source materials.

SYSTEM EXEMPTED FROM CERTAIN PROVISIONS OF THE ACT:
    The Board has exempted this system from the following provisions of 
the Privacy Act pursuant to the general authority in 5 U.S.C. 
552a(j)(2): 5 U.S.C. 552a(c)(3) and (c)(4); (d); (e)(1), (e)(2), 
(e)(3), (e)(4)(G)-(I), (e)(5), and (e)(8); (f); and (g). Additionally, 
the Board has exempted this system from the following provisions of the 
Privacy Act pursuant to the general authority in 5 U.S.C. 552a(k)(2): 5 
U.S.C. 552a(c)(3); (d); (e)(1) and (e)(4)(G)-(H); and (f).

    Dated: June 16, 2015.
Kathleen S. Tighe,
Chair, Recovery Accountability and Transparency Board.
[FR Doc. 2015-16462 Filed 7-2-15; 8:45 am]
 BILLING CODE 6821-15-P