Privacy Act of 1974; Systems of Records, 47301-47303 [2019-19373]
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Federal Register / Vol. 84, No. 174 / Monday, September 9, 2019 / Notices
Parts II through V of the proposed
order are reporting and compliance
provisions. Part II requires
acknowledgement of the order and
dissemination of the order now and in
the future to persons with
responsibilities relating to the subject
matter of the order. Part III ensures
notification to the FTC of changes in
corporate status and mandates that the
company submit an initial compliance
report to the FTC. Part IV requires the
company to create certain documents
relating to its compliance with the order
for twenty (20) years and to retain those
documents for a five-year period. Part V
mandates that the company make
available to the FTC information or
subsequent compliance reports, as
requested.
Part VI is a provision ‘‘sun-setting’’
the order after twenty (20) years, with
certain exceptions.
The purpose of this analysis is to aid
public comment on the proposed order.
It is not intended to constitute an
official interpretation of the complaint
or proposed order, or to modify in any
way the proposed order’s terms.
By direction of the Commission.
April J. Tabor,
Acting Secretary.
[FR Doc. 2019–19394 Filed 9–6–19; 8:45 am]
BILLING CODE 6750–01–P
OFFICE OF GOVERNMENT ETHICS
Privacy Act of 1974; Systems of
Records
AGENCY:
Office of Government Ethics
(OGE).
ACTION:
Notice of a modified system of
records.
OGE proposes to revise an
existing Governmentwide system of
records under the Privacy Act, covering
Executive Branch Confidential Financial
Disclosure Reports.
DATES: This action will be effective
without further notice on November 8,
2019 unless comments received before
this date would result in a contrary
determination.
SUMMARY:
Comments may be
submitted to OGE by any of the
following methods:
Email: usoge@oge.gov (Include
reference to ‘‘OGE/GOVT–2’’ in the
subject line of the message.)
Mail, Hand Delivery/Courier: Office of
Government Ethics, 1201 New York
Avenue NW, Suite 500, Attention:
Jennifer Matis, Associate Counsel,
Washington, DC 20005–3917.
jbell on DSK3GLQ082PROD with NOTICES
ADDRESSES:
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20:43 Sep 06, 2019
Jkt 247001
Instructions: Comments may be
posted on OGE’s website, www.oge.gov.
Sensitive personal information, such as
account numbers or Social Security
numbers, should not be included.
Comments generally will not be edited
to remove any identifying or contact
information before posting.
FOR FURTHER INFORMATION CONTACT:
Jennifer Matis at the U.S. Office of
Government Ethics; telephone: 202–
482–9216; TTY: 800–877–8339; FAX:
202–482–9237; Email: jmatis@oge.gov.
SUPPLEMENTARY INFORMATION: In
accordance with the Privacy Act of
1974, 5 U.S.C. 552a, this document
provides public notice that OGE is
proposing to revise and update the
OGE/GOVT–2 Governmentwide system
of records in several respects. A
Governmentwide system of records is a
system of records where one agency (in
this case, OGE) has regulatory authority
over records in the custody of multiple
agencies and the agency with regulatory
authority publishes a SORN that applies
to all of the records regardless of their
custodial location.
OGE proposes to add two new routine
uses as required by OMB Memorandum
‘‘Preparing for and Responding to a
Breach of Personally Identifiable
Information,’’ M–17–12, (January 3,
2017). These new routine uses allow
agencies to disclose information when
necessary to respond to a suspected or
confirmed breach or to prevent,
minimize, or remedy harm resulting
from such a breach.
OGE proposes to change the
description of the categories of
individuals covered by the system of
records to make it more clear and easy
to understand. By eliminating much of
the technical description, the new
language is more concise and consistent
with plain language goals. No
substantive change in the categories of
individuals covered by the system of
records is proposed. Likewise, OGE
proposes to update the retention and
disposal information to reflect the
current General Records Schedule
retention and disposal requirements for
these records.
OGE proposes to modify routine uses
(e.) (formerly routine use (f.)) and (g.)
(formerly routine use (h.)) and remove
the old routine use (b.) in accordance
with OMB and Department of Justice
guidance and applicable case law. The
remaining routine uses have been redesignated accordingly.
Finally, the changes will update the
authority for maintenance of the system,
the categories of records in the system,
and the administrative, technical, and
physical safeguards, update the system
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47301
manager and notification procedure in
accordance with OGE’s current
organizational structure, clarify the
language in the ‘‘Purpose’’ section, and
make minor editorial changes.
Accordingly, the Office of
Government Ethics is publishing the
following notice of a proposed revised
Governmentwide system of records
covering Executive Branch Confidential
Financial Disclosure Reports:
SYSTEM NAME AND NUMBER:
OGE/GOVT–2, Executive Branch
Confidential Financial Disclosure
Reports.
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
Individual agency ethics offices or
other designated agency offices.
SYSTEM MANAGER(S):
These records are maintained in the
department or agency where the reports
are filed. For questions about a
particular report, contact the Designated
Agency Ethics Official (DAEO) at the
department or agency concerned. For
general questions about this system of
records, contact the OGE Senior Agency
Official for Privacy, Office of
Government Ethics, Suite 500, 1201
New York Avenue NW, Washington, DC
20005–3917.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
5 U.S.C. app. (Ethics in Government
Act of 1978); E.O. 12674 (as modified by
E.O. 12731); 5 CFR part 2634.
PURPOSE(S) OF THE SYSTEM:
These records are collected and
maintained to meet the requirements of
Executive Order 12674, as modified, 5
CFR part 2634, and agency regulations
thereunder, as well as section 107 of the
Ethics in Government Act of 1978, as
amended, concerning the filing of
confidential financial disclosure reports.
Such reports are required to assure
compliance with ethics laws and
regulations, and to determine if an
actual or apparent conflict of interest
exists between the employment of
individuals by the Federal Government
and their outside employment and
financial interests.
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
Officers and employees in the
executive branch whose positions have
been designated as confidential
financial disclosure filing positions in
accordance with 5 CFR 2634.904 and 5
U.S.C. app. 107. In addition, all
executive branch special Government
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Federal Register / Vol. 84, No. 174 / Monday, September 9, 2019 / Notices
employees (SGE) as defined in 18 U.S.C.
202(a) and 5 CFR 2634.105(s) are
required to file unless they are required
to file public financial disclosure
reports or their positions have been
excluded from filing. The system of
records includes both current and
former Federal employees in these
categories.
CATEGORIES OF RECORDS IN THE SYSTEM:
These records contain statements and
amended statements of personal and
family holdings and other interests in
property; income; gifts and
reimbursements; liabilities; agreements
and arrangements; outside positions;
and other information related to conflict
of interest determinations. These
statements include completed copies of
the OGE Form 450 and completed
copies of agency supplemental or
alternative confidential report forms.
RECORD SOURCE CATEGORIES:
Information in this system of records
is provided by:
a. The subject individual or by a
designated person such as a trustee,
attorney, accountant, banker, or relative.
b. Federal officials who review the
statements to make conflict of interest
determinations.
c. Persons alleging conflicts of
interests or other violations of ethics
laws and persons contacted during any
investigation of the allegations.
jbell on DSK3GLQ082PROD with NOTICES
ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES OF USERS AND
THE PURPOSES OF SUCH USES:
These confidential records and the
information contained therein may be
used:
a. To disclose pertinent information to
the appropriate Federal, State, or local
agency responsible for investigating,
prosecuting, enforcing, or implementing
a statute, rule, regulation, or order,
where the disclosing agency becomes
aware of an indication of a violation or
potential violation of civil or criminal
law or regulation.
b. To disclose information to any
source when necessary to obtain
information relevant to a conflict-ofinterest investigation or determination.
c. To disclose information to the
National Archives and Records
Administration or the General Services
Administration in records management
inspections conducted under authority
of 44 U.S.C. 2904 and 2906.
d. To disclose information to the
Office of Management and Budget at any
stage in the legislative coordination and
clearance process in connection with
private relief legislation as set forth in
OMB Circular No. A–19.
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20:43 Sep 06, 2019
Jkt 247001
e. To disclose information when the
disclosing agency determines that that
the records are arguably relevant to a
proceeding before a court, grand jury, or
administrative or adjudicative body; or
in a proceeding before an administrative
or adjudicative body when the
adjudicator determines the records to be
relevant to the proceeding.
f. To disclose the confidential
financial disclosure report or certificate
of no new interests and any
accompanying documents to reviewing
officials in a new office, department or
agency when an employee transfers or is
detailed from a covered position in one
office, department or agency to a
covered position in another office,
department or agency.
g. To disclose information to a
Member of Congress or a congressional
office in response to an inquiry made on
behalf of, and at the request of, an
individual who is the subject of the
record.
h. To disclose information to
contractors, grantees, experts,
consultants, detailees, and other nonGovernment employees performing or
working on a contract, service, or other
assignment for the Federal Government,
when necessary to accomplish an
agency function related to this system of
records.
i. To disclose information to
appropriate agencies, entities, and
persons when: (1) The agency
maintaining the records suspects or has
confirmed that there has been a breach
of the system of records; (2) the agency
maintaining the records has determined
that as a result of the suspected or
confirmed breach there is a risk of harm
to individuals, the agency (including its
information systems, programs, and
operations), the Federal Government, or
national security; and (3) the disclosure
made to such agencies, entities, and
persons is reasonably necessary to assist
in connection with the agency’s efforts
to respond to the suspected or
confirmed breach or to prevent,
minimize, or remedy such harm.
j. To disclose information to another
Federal agency or Federal entity, when
the agency maintaining the record
determines that information from this
system of records is reasonably
necessary to assist the recipient agency
or entity in (1) responding to a
suspected or confirmed breach or (2)
preventing, minimizing, or remedying
the risk of harm to individuals, the
recipient agency or entity (including its
information systems, programs, and
operations), the Federal Government, or
national security, resulting from a
suspected or confirmed breach.
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Sfmt 4703
Note: When an agency is requested to
furnish records in this system of records to
the Director or other authorized officials of
the Office of Government Ethics (OGE), such
a disclosure is to be considered as made to
those officers and employees of the agency
which co- maintains the records who have a
need for the records in the performance of
their official duties in accordance with the
Ethics in Government Act of 1978, 5 U.S.C.
app., and other ethics-related laws, Executive
orders, and regulations conferring pertinent
authority on OGE, pursuant to the provisions
of the Privacy Act at 5 U.S.C. 552a(b)(1).
POLICIES AND PRACTICES FOR STORAGE OF
RECORDS:
These records are maintained in paper
and/or electronic form.
POLICIES AND PRACTICES FOR RETRIEVAL OF
RECORDS:
These records are retrieved by the
name or other programmatic identifier
assigned to the individual on whom
they are maintained.
POLICIES AND PRACTICES FOR RETENTION AND
DISPOSAL OF RECORDS:
In accordance with the National
Archives and Records Administration
General Records Schedule 2.8 Employee
Ethics Records, these records generally
are retained for six years after filing,
except when filed by or with respect to
a nominee and the nominee ceases to be
under consideration for the position.
However, if any records are needed in
an ongoing investigation, they will be
retained until no longer needed in the
investigation. Destruction is by
shredding or electronic deletion.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL
SAFEGUARDS:
With regard to OGE records, these
records are located in locked file storage
areas or in specified areas to which only
authorized personnel have access.
Electronic records are protected from
unauthorized access through password
identification procedures, limited
access, firewalls, and other systembased protection methods. Executive
branch agencies are responsible for
properly safeguarding the records
maintained in their systems.
RECORD ACCESS PROCEDURES:
Individuals wishing to request access
to their records should contact the
DAEO or designee at the agency where
the reports were filed. Individuals must
furnish the following information for
their records to be located and
identified:
a. Full name.
b. Department or agency and
component with which employed or
proposed to be employed.
c. Dates of employment.
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Federal Register / Vol. 84, No. 174 / Monday, September 9, 2019 / Notices
d. A reasonably specific description of
the record content being sought.
Individuals requesting access to
records maintained at OGE must also
follow OGE’s Privacy Act regulations
regarding verification of identity and
access to records (5 CFR part 2606).
OFFICE OF GOVERNMENT ETHICS
Privacy Act of 1974; Systems of
Records
AGENCY:
Office of Government Ethics
(OGE).
ACTION:
Notice of a modified system of
records.
CONTESTING RECORD PROCEDURES:
Because the information in these
records is updated on a periodic basis,
most record corrections can be handled
through established administrative
procedures for updating records.
However, individuals can obtain
information on the procedures for
contesting the records under the
provisions of the Privacy Act by
contacting the DAEO or designee at the
agency where the reports were filed.
Individuals wishing to inquire
whether this system of records contains
information about them should contact
the DAEO at the department or agency
concerned. For records maintained at
OGE, contact the OGE Senior Agency
Official for Privacy, Office of
Government Ethics, Suite 500, 1201
New York Avenue NW, Washington, DC
20005–3917.
Individuals wishing to make such an
inquiry must furnish the following
information for their records to be
located and identified:
a. Full name.
b. Department or agency and
component where employed or where
proposed to be employed.
c. Dates of employment.
Individuals seeking to determine if an
OGE system of records contains
information about them must also
follow OGE’s Privacy Act regulations
regarding verification of identity (5 CFR
part 2606).
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
None.
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HISTORY:
This system of records was originally
published in full at 55 FR 6327 (Feb. 22,
1990) and subsequently amended by 68
FR 3097 (Jan. 22, 2003) and 68 FR 24744
(May 8, 2003).
Approved: September 4, 2019.
Emory Rounds,
Director, U.S. Office of Government Ethics.
[FR Doc. 2019–19373 Filed 9–6–19; 8:45 am]
BILLING CODE 6345–03–P
20:43 Sep 06, 2019
This action will be effective
without further notice on November 8,
2019 unless comments received before
this date would result in a contrary
determination.
DATES:
Comments may be
submitted to OGE by any of the
following methods:
Email: usoge@oge.gov (Include
reference to ‘‘OGE/GOVT–1’’ in the
subject line of the message.)
Mail, Hand Delivery/Courier: Office of
Government Ethics, 1201 New York
Avenue NW, Suite 500, Attention:
Jennifer Matis, Associate Counsel,
Washington, DC 20005–3917.
Instructions: Comments may be
posted on OGE’s website, www.oge.gov.
Sensitive personal information, such as
account numbers or Social Security
numbers, should not be included.
Comments generally will not be edited
to remove any identifying or contact
information before posting.
FOR FURTHER INFORMATION CONTACT:
Jennifer Matis at the U.S. Office of
Government Ethics; telephone: 202–
482–9216; TTY: 800–877–8339; FAX:
202–482–9237; Email: jmatis@oge.gov.
SUPPLEMENTARY INFORMATION: In
accordance with the Privacy Act of
1974, 5 U.S.C. 552a, this document
provides public notice that OGE is
proposing to revise and update the
OGE/GOVT–1 Governmentwide system
of records in several respects. A
Governmentwide system of records is a
system of records where one agency (in
this case, OGE) has regulatory authority
over records in the custody of multiple
agencies and the agency with regulatory
authority publishes a system of records
notice that applies to all of the records
regardless of their custodial location.
OGE proposes to add or modify
several routine uses to allow for greater
transparency into executive branch
ethics records. Specifically, the new
routine use (l.) permits OGE to make
public without restriction a certificate of
divestiture issued by OGE. The new
ADDRESSES:
NOTIFICATION PROCEDURES:
VerDate Sep<11>2014
OGE proposes to revise an
existing Governmentwide system of
records under the Privacy Act, covering
Executive Branch Personnel Public
Financial Disclosure Reports and Other
Name-Retrieved Ethics Program
Records.
SUMMARY:
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47303
routine use (m.) permits OGE to make
public without restriction waivers of the
requirements contained in Executive
Order 13770 ‘‘Ethics Commitments by
Executive Branch Appointees’’ (January
28, 2017) or any superseding Executive
order. OGE also proposes to modify
routine use (k.) (formely routine use (l.))
to clarify that certifications of ethics
agreement compliance may be disclosed
in the same manner as the ethics
agreements themselves.
Notwithstanding any of these changes,
however, OGE will continue to release
documents only to the extent consistent
with 5 CFR 2634.603(b).
These changes further the purposes of
the Freedom of Information Act, as
amended, 5 U.S.C. 552, and the Office
of Management and Budget’s (OMB)
Open Government Directive, M–10–06,
(December 8, 2009). OGE’s prevention
mission involves engaging the public to
inform them about the systems in place
to detect and resolve conflicts of
interests of their Government leaders.
This, in turn, allows the public to
engage in overseeing the integrity of its
Government and increases public
confidence in Government
decisionmaking. Accordingly,
promoting transparency into the
executive branch ethics program is also
a key element of OGE’s 2018–2022
Strategic Plan, which sets forth strategic
objectives to Inform the Public about
OGE and the Executive Branch Ethics
Program (Strategic Objective 4.1) and
Make Ethics Information Publicly
Available (Strategic Objective 4.2).
Moreover, OGE’s stakeholders,
including non-governmental
organizations, Congress, and the general
public, have expressed interest in
increased transparency into the ethics
commitments made by executive branch
officials.
In addition to these changes
promoting transparency, OGE proposes
to modify routine use (h.) (formerly
routine use (i.)) to explicitly indicate
that statements notifying an employee’s
supervising ethics office of the
commencement of negotiations for
future employment or compensation, or
of an agreement for future employment
or compensation, may be disclosed to
reviewing officials in a new office,
department, or agency when an
employee transfers or is detailed from
one covered position to another. These
statements, mandated by the
Representative Louise McIntosh
Slaughter Stop Trading on
Congressional Knowledge Act (STOCK
Act), Public Law 112–105 (2012), are
commonly called ‘‘STOCK Act
notifications.’’ It is OGE’s position that
such disclosures are currently permitted
E:\FR\FM\09SEN1.SGM
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]]>Agencies
[Federal Register Volume 84, Number 174 (Monday, September 9, 2019)]
[Notices]
[Pages 47301-47303]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-19373]
=======================================================================
-----------------------------------------------------------------------
OFFICE OF GOVERNMENT ETHICS
Privacy Act of 1974; Systems of Records
AGENCY: Office of Government Ethics (OGE).
ACTION: Notice of a modified system of records.
-----------------------------------------------------------------------
SUMMARY: OGE proposes to revise an existing Governmentwide system of
records under the Privacy Act, covering Executive Branch Confidential
Financial Disclosure Reports.
DATES: This action will be effective without further notice on November
8, 2019 unless comments received before this date would result in a
contrary determination.
ADDRESSES: Comments may be submitted to OGE by any of the following
methods:
Email: [email protected] (Include reference to ``OGE/GOVT-2'' in the
subject line of the message.)
Mail, Hand Delivery/Courier: Office of Government Ethics, 1201 New
York Avenue NW, Suite 500, Attention: Jennifer Matis, Associate
Counsel, Washington, DC 20005-3917.
Instructions: Comments may be posted on OGE's website, www.oge.gov.
Sensitive personal information, such as account numbers or Social
Security numbers, should not be included. Comments generally will not
be edited to remove any identifying or contact information before
posting.
FOR FURTHER INFORMATION CONTACT: Jennifer Matis at the U.S. Office of
Government Ethics; telephone: 202-482-9216; TTY: 800-877-8339; FAX:
202-482-9237; Email: [email protected].
SUPPLEMENTARY INFORMATION: In accordance with the Privacy Act of 1974,
5 U.S.C. 552a, this document provides public notice that OGE is
proposing to revise and update the OGE/GOVT-2 Governmentwide system of
records in several respects. A Governmentwide system of records is a
system of records where one agency (in this case, OGE) has regulatory
authority over records in the custody of multiple agencies and the
agency with regulatory authority publishes a SORN that applies to all
of the records regardless of their custodial location.
OGE proposes to add two new routine uses as required by OMB
Memorandum ``Preparing for and Responding to a Breach of Personally
Identifiable Information,'' M-17-12, (January 3, 2017). These new
routine uses allow agencies to disclose information when necessary to
respond to a suspected or confirmed breach or to prevent, minimize, or
remedy harm resulting from such a breach.
OGE proposes to change the description of the categories of
individuals covered by the system of records to make it more clear and
easy to understand. By eliminating much of the technical description,
the new language is more concise and consistent with plain language
goals. No substantive change in the categories of individuals covered
by the system of records is proposed. Likewise, OGE proposes to update
the retention and disposal information to reflect the current General
Records Schedule retention and disposal requirements for these records.
OGE proposes to modify routine uses (e.) (formerly routine use
(f.)) and (g.) (formerly routine use (h.)) and remove the old routine
use (b.) in accordance with OMB and Department of Justice guidance and
applicable case law. The remaining routine uses have been re-designated
accordingly.
Finally, the changes will update the authority for maintenance of
the system, the categories of records in the system, and the
administrative, technical, and physical safeguards, update the system
manager and notification procedure in accordance with OGE's current
organizational structure, clarify the language in the ``Purpose''
section, and make minor editorial changes.
Accordingly, the Office of Government Ethics is publishing the
following notice of a proposed revised Governmentwide system of records
covering Executive Branch Confidential Financial Disclosure Reports:
SYSTEM NAME AND NUMBER:
OGE/GOVT-2, Executive Branch Confidential Financial Disclosure
Reports.
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
Individual agency ethics offices or other designated agency
offices.
SYSTEM MANAGER(S):
These records are maintained in the department or agency where the
reports are filed. For questions about a particular report, contact the
Designated Agency Ethics Official (DAEO) at the department or agency
concerned. For general questions about this system of records, contact
the OGE Senior Agency Official for Privacy, Office of Government
Ethics, Suite 500, 1201 New York Avenue NW, Washington, DC 20005-3917.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
5 U.S.C. app. (Ethics in Government Act of 1978); E.O. 12674 (as
modified by E.O. 12731); 5 CFR part 2634.
PURPOSE(S) OF THE SYSTEM:
These records are collected and maintained to meet the requirements
of Executive Order 12674, as modified, 5 CFR part 2634, and agency
regulations thereunder, as well as section 107 of the Ethics in
Government Act of 1978, as amended, concerning the filing of
confidential financial disclosure reports. Such reports are required to
assure compliance with ethics laws and regulations, and to determine if
an actual or apparent conflict of interest exists between the
employment of individuals by the Federal Government and their outside
employment and financial interests.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Officers and employees in the executive branch whose positions have
been designated as confidential financial disclosure filing positions
in accordance with 5 CFR 2634.904 and 5 U.S.C. app. 107. In addition,
all executive branch special Government
[[Page 47302]]
employees (SGE) as defined in 18 U.S.C. 202(a) and 5 CFR 2634.105(s)
are required to file unless they are required to file public financial
disclosure reports or their positions have been excluded from filing.
The system of records includes both current and former Federal
employees in these categories.
CATEGORIES OF RECORDS IN THE SYSTEM:
These records contain statements and amended statements of personal
and family holdings and other interests in property; income; gifts and
reimbursements; liabilities; agreements and arrangements; outside
positions; and other information related to conflict of interest
determinations. These statements include completed copies of the OGE
Form 450 and completed copies of agency supplemental or alternative
confidential report forms.
RECORD SOURCE CATEGORIES:
Information in this system of records is provided by:
a. The subject individual or by a designated person such as a
trustee, attorney, accountant, banker, or relative.
b. Federal officials who review the statements to make conflict of
interest determinations.
c. Persons alleging conflicts of interests or other violations of
ethics laws and persons contacted during any investigation of the
allegations.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSES OF SUCH USES:
These confidential records and the information contained therein
may be used:
a. To disclose pertinent information to the appropriate Federal,
State, or local agency responsible for investigating, prosecuting,
enforcing, or implementing a statute, rule, regulation, or order, where
the disclosing agency becomes aware of an indication of a violation or
potential violation of civil or criminal law or regulation.
b. To disclose information to any source when necessary to obtain
information relevant to a conflict-of- interest investigation or
determination.
c. To disclose information to the National Archives and Records
Administration or the General Services Administration in records
management inspections conducted under authority of 44 U.S.C. 2904 and
2906.
d. To disclose information to the Office of Management and Budget
at any stage in the legislative coordination and clearance process in
connection with private relief legislation as set forth in OMB Circular
No. A-19.
e. To disclose information when the disclosing agency determines
that that the records are arguably relevant to a proceeding before a
court, grand jury, or administrative or adjudicative body; or in a
proceeding before an administrative or adjudicative body when the
adjudicator determines the records to be relevant to the proceeding.
f. To disclose the confidential financial disclosure report or
certificate of no new interests and any accompanying documents to
reviewing officials in a new office, department or agency when an
employee transfers or is detailed from a covered position in one
office, department or agency to a covered position in another office,
department or agency.
g. To disclose information to a Member of Congress or a
congressional office in response to an inquiry made on behalf of, and
at the request of, an individual who is the subject of the record.
h. To disclose information to contractors, grantees, experts,
consultants, detailees, and other non-Government employees performing
or working on a contract, service, or other assignment for the Federal
Government, when necessary to accomplish an agency function related to
this system of records.
i. To disclose information to appropriate agencies, entities, and
persons when: (1) The agency maintaining the records suspects or has
confirmed that there has been a breach of the system of records; (2)
the agency maintaining the records has determined that as a result of
the suspected or confirmed breach there is a risk of harm to
individuals, the agency (including its information systems, programs,
and operations), the Federal Government, or national security; and (3)
the disclosure made to such agencies, entities, and persons is
reasonably necessary to assist in connection with the agency's efforts
to respond to the suspected or confirmed breach or to prevent,
minimize, or remedy such harm.
j. To disclose information to another Federal agency or Federal
entity, when the agency maintaining the record determines that
information from this system of records is reasonably necessary to
assist the recipient agency or entity in (1) responding to a suspected
or confirmed breach or (2) preventing, minimizing, or remedying the
risk of harm to individuals, the recipient agency or entity (including
its information systems, programs, and operations), the Federal
Government, or national security, resulting from a suspected or
confirmed breach.
Note: When an agency is requested to furnish records in this
system of records to the Director or other authorized officials of
the Office of Government Ethics (OGE), such a disclosure is to be
considered as made to those officers and employees of the agency
which co- maintains the records who have a need for the records in
the performance of their official duties in accordance with the
Ethics in Government Act of 1978, 5 U.S.C. app., and other ethics-
related laws, Executive orders, and regulations conferring pertinent
authority on OGE, pursuant to the provisions of the Privacy Act at 5
U.S.C. 552a(b)(1).
POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
These records are maintained in paper and/or electronic form.
POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
These records are retrieved by the name or other programmatic
identifier assigned to the individual on whom they are maintained.
POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
In accordance with the National Archives and Records Administration
General Records Schedule 2.8 Employee Ethics Records, these records
generally are retained for six years after filing, except when filed by
or with respect to a nominee and the nominee ceases to be under
consideration for the position. However, if any records are needed in
an ongoing investigation, they will be retained until no longer needed
in the investigation. Destruction is by shredding or electronic
deletion.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
With regard to OGE records, these records are located in locked
file storage areas or in specified areas to which only authorized
personnel have access. Electronic records are protected from
unauthorized access through password identification procedures, limited
access, firewalls, and other system-based protection methods. Executive
branch agencies are responsible for properly safeguarding the records
maintained in their systems.
RECORD ACCESS PROCEDURES:
Individuals wishing to request access to their records should
contact the DAEO or designee at the agency where the reports were
filed. Individuals must furnish the following information for their
records to be located and identified:
a. Full name.
b. Department or agency and component with which employed or
proposed to be employed.
c. Dates of employment.
[[Page 47303]]
d. A reasonably specific description of the record content being
sought.
Individuals requesting access to records maintained at OGE must
also follow OGE's Privacy Act regulations regarding verification of
identity and access to records (5 CFR part 2606).
CONTESTING RECORD PROCEDURES:
Because the information in these records is updated on a periodic
basis, most record corrections can be handled through established
administrative procedures for updating records. However, individuals
can obtain information on the procedures for contesting the records
under the provisions of the Privacy Act by contacting the DAEO or
designee at the agency where the reports were filed.
NOTIFICATION PROCEDURES:
Individuals wishing to inquire whether this system of records
contains information about them should contact the DAEO at the
department or agency concerned. For records maintained at OGE, contact
the OGE Senior Agency Official for Privacy, Office of Government
Ethics, Suite 500, 1201 New York Avenue NW, Washington, DC 20005-3917.
Individuals wishing to make such an inquiry must furnish the
following information for their records to be located and identified:
a. Full name.
b. Department or agency and component where employed or where
proposed to be employed.
c. Dates of employment.
Individuals seeking to determine if an OGE system of records
contains information about them must also follow OGE's Privacy Act
regulations regarding verification of identity (5 CFR part 2606).
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
None.
HISTORY:
This system of records was originally published in full at 55 FR
6327 (Feb. 22, 1990) and subsequently amended by 68 FR 3097 (Jan. 22,
2003) and 68 FR 24744 (May 8, 2003).
Approved: September 4, 2019.
Emory Rounds,
Director, U.S. Office of Government Ethics.
[FR Doc. 2019-19373 Filed 9-6-19; 8:45 am]
BILLING CODE 6345-03-P
