Privacy Act of 1974; Systems of Records, 17470-17473 [2024-05083]
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17470
Federal Register / Vol. 89, No. 48 / Monday, March 11, 2024 / Notices
contract work performance and a plan
for controlling these hazards. The
contracting officer and technical
representatives analyze the Accident
Prevention Plan to determine if the
proposed plan will satisfy the safety
requirements identified in the contract,
to include certain provisions of the
Occupational Safety and Health Act (per
FAR 36.513(c)) and applicable standards
issued by the Secretary of Labor at 29
CFR part 1926 and 29 CFR part 1910.
• FAR 52.236–15, Schedules for
Construction Contracts. This clause
requires contractors to prepare and
submit to the contracting officer for
approval three copies of a practicable
schedule showing the order in which
the contractor proposes to perform the
work, and the dates on which the
contractor contemplates starting and
completing the several salient features
of the work (including acquiring
materials, plant, and equipment). The
contracting officer uses this information
to monitor progress under a Federal
construction contract when other
management approaches for ensuring
adequate progress are not used.
• FAR 52.236–19, Organization and
Direction of the Work. This clause
requires contractors, under costreimbursement construction contracts,
to submit to the contracting officer a
chart showing the general executive and
administrative organization, the
personnel to be employed in connection
with the work under the contract, and
their respective duties. The contractor
must keep the data furnished current by
supplementing it as additional
information becomes available. The
contracting officer uses this information
to ensure the work is performed by
qualified personnel at a reasonable cost
to the Government.
C. Annual Burden
Respondents: 3,771.
Total Annual Responses: 13,267.
Total Burden Hours: 21,338.
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D. Public Comment
A 60-day notice was published in the
Federal Register at 89 FR 786, on
January 5, 2024. No comments were
received.
Obtaining Copies: Requesters may
obtain a copy of the information
collection documents from the GSA
Regulatory Secretariat Division, by
calling 202–501–4755 or emailing
GSARegSec@gsa.gov. Please cite OMB
Control No. 9000–0064, Certain Federal
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Acquisition Regulation Part 36
Construction Contract Requirements.
Janet Fry,
Director, Federal Acquisition Policy Division,
Office of Governmentwide Acquisition Policy,
Office of Acquisition Policy, Office of
Governmentwide Policy.
[FR Doc. 2024–05107 Filed 3–8–24; 8:45 am]
BILLING CODE 6820–EP–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 Personnel Public
Financial Disclosure Reports and Other
Name-Retrieved Ethics Program
Records.
DATES: This action will be effective
without further notice on March 11,
2024 subject to a 30-day period in
which to comment on the new and
revised routine uses, described below.
Please submit any comments by April
10, 2024.
ADDRESSES: 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, Suite 750, 250 E
Street SW, Washington, DC 20024,
Attention: Jennifer Matis, Associate
Counsel.
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; 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 the OGE/GOVT–1
Governmentwide system of records to
add a routine use to permit OGE to post
on its website information regarding
individuals who have filed a public
SUMMARY:
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financial disclosure report pursuant to 5
U.S.C. 13103 and individuals who have
received a conflict of interest waiver
pursuant to 18 U.S.C. 208 (‘‘conflict of
interest waivers’’). OGE also plans to
update citations to the Ethics in
Government Act, update its street
address, clarify language in routine use
‘‘n,’’ and fix several typographical
errors. 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.
Through the process described in 5
U.S.C. 13107, members of the public
may obtain both public financial
disclosure reports and conflict of
interest waivers from agencies
authorized to release those documents.
See 5 U.S.C. 13107, 18 U.S.C. 208(d)(1).
Although conflict of interest waivers
may already be requested from the
waiver recipient’s employing agency
using this process, currently the public
has no way to know who has received
a waiver in order to submit such a
request. Therefore, OGE is proposing to
add the waiver recipient’s first and last
name, government position, the type of
report filed or waiver issued, and name
of the employing agency to OGE’s
website, specifically its Officials’
Individual Disclosures Search
Collection (‘‘search collection’’).
Although OGE does not and will not
release conflict of interest waivers
issued by another agency, the posting of
this information on the OGE website
will make it easier for the waivers to be
requested from the waiver recipient’s
employing agency and help effectuate
the purposes of the statutory
transparency provisions. Accordingly,
OGE proposes to add a new routine use
‘‘c’’ to this system of records to permit
the disclosure.
The proposed routine use would also
explicitly permit the disclosure of
similar information regarding public
financial disclosure filers. In order to
allow users to select the documents they
wish to request, OGE’s search collection
currently displays the filer’s first and
last name, government position, the
type of report available, and name of the
employing agency. OGE has the
authority to display this information
pursuant to current routine use ‘‘a.’’
However, the language of routine use
‘‘a’’ does not make it plain to the public
that certain information regarding
public financial disclosure filers will be
posted on OGE’s website. Therefore,
OGE proposes to make that fact clear by
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Federal Register / Vol. 89, No. 48 / Monday, March 11, 2024 / Notices
including public financial disclosure
filers in the new routine use.
This routine use is compatible with
the purpose for which the information
is collected because the records at issue
are required by statute to be made
public. The proposed routine use
merely ensures that the public has
meaningful access to the request process
designated by statute.
OGE also seeks to update references to
the Ethics in Government Act, as
recently recodified in the U.S. Code,
and update references to its current
street address. OGE updated the
language in the routine use currently
designated ‘‘h.’’ Finally, OGE seeks to
modify the routine use currently
designated ‘‘n’’ to clarify that it is
intended to apply to any current or
future ethics Executive order.
Accordingly, OGE is publishing the
following notice of a revised
Governmentwide system of records
covering Executive Branch Personnel
Public Financial Disclosure Reports and
Other Name-Retrieved Ethics Program
Records:
SYSTEM NAME AND NUMBER:
OGE/GOVT–1, Executive Branch
Personnel Public Financial Disclosure
Reports and Other Name-Retrieved
Ethics Program Records.
SECURITY CLASSIFICATION:
SYSTEM LOCATION:
Office of Government Ethics, Suite
750, 250 E Street SW, Washington, DC
20024.
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SYSTEM MANAGER(S):
a. For records filed directly with OGE
by non-OGE employees contact the
General Counsel, Office of Government
Ethics, at the address set forth in the
System Location section.
b. For records filed with a Designated
Agency Ethics Official (DAEO) or the
head of a department or agency, contact
the DAEO at the department or agency
concerned.
c. For records filed with the Federal
Election Commission (FEC) by
candidates for President or Vice
President, contact the General Counsel,
Office of General Counsel, Federal
Election Commission, 999 E Street NW,
Washington, DC 20463.
d. For general questions about this
system of records, contact the OGE
Senior Agency Official for Privacy,
Office of Government Ethics, at the
address set forth in the System Location
section.
18:24 Mar 08, 2024
5 U.S.C. 7301, 7351, 7353; 5 U.S.C.
chapter 131 (Ethics in Government Act
of 1978); 31 U.S.C. 1353; E.O. 12674 (as
modified by E.O. 12731); E.O. 13770 or
any superseding Executive order;
Representative Louise McIntosh
Slaughter Stop Trading on
Congressional Knowledge Act (STOCK
Act), Public Law 112–105 (2012), as
amended; 5 CFR part 2634.
PURPOSE(S) OF THE SYSTEM:
All records are collected and
maintained in accordance with the
requirements of the Ethics in
Government Act of 1978 and the Ethics
Reform Act of 1989, as amended,
Executive Order 12674, as modified,
and OGE and agency regulations
thereunder. These records include the
filing of financial disclosure reports and
ethics agreements, waivers issued to an
officer or employee pursuant to section
208 of title 18 or to an Executive order,
and certificates of divestiture issued
pursuant to section 502 of the Ethics
Reform Act. Such reports and related
records 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:
Unclassified.
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AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
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This system of records contains
records about individuals whose
positions have been designated as
public financial disclosure filing
positions in accordance with 5 U.S.C.
13103 and 5 CFR 2634.202. This system
of records includes both former and
current employees in these categories
who have filed financial disclosure
statements under the requirements of
the Ethics in Government Act of 1978,
as amended, or who otherwise come
under the requirements of the Ethics in
Government Act. This system of records
also contains information that is
necessary for administering all
provisions of the Ethics in Government
Act of 1978 and the Ethics Reform Act
of 1989 (Pub. L. 101–194), as amended,
and E.O. 12674, as modified, on any
current or former officer or employee of
the Executive branch.
CATEGORIES OF RECORDS IN THE SYSTEM:
This system of records contains:
Financial information such as salary,
dividends, retirement benefits, interests
in property, deposits in a bank and
other financial institutions; information
on gifts received; information on certain
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17471
liabilities; information about positions
as an officer, director, trustee, general
partner, proprietor, representative,
employee, or consultant of any
corporation, company, firm,
partnership, or other business, nonprofit organization, labor organization,
or educational institution; information
about non-Government employment
agreements, such as leaves of absence to
accept Federal service, continuation of
payments by a non-Federal employer;
and information about assets placed in
trust pending disposal. This system of
records also includes other documents
developed or information and material
received by the Director of the Office of
Government Ethics, or agency ethics
officials in administering the Ethics in
Government Act of 1978 or the Ethics
Reform Act of 1989, as amended, which
are retrieved by name or other personal
identifier. Such other documents or
information may include, but will not
be limited to: ethics agreements,
documentation of waivers issued to an
officer or employee by an agency
pursuant to section 208(b)(1) or section
208(b)(3) of title 18, U.S.C., or pursuant
to Executive orders; certificates of
divestiture issued by the President or by
the Director of OGE pursuant to section
502 of the Ethics Reform Act of 1989;
information necessary for the rendering
of ethics counseling, advice or formal
advisory opinions, or the resolution of
complaints; the actual opinions issued;
and records of referrals and
consultations regarding current and
former employees who are or have been
the subject of conflicts of interest or
standards of conduct inquiries or
determinations, or employees who are
alleged to have violated department,
agency or Federal ethics statutes, rules,
regulations or Executive orders. Such
information may include
correspondence, documents or material
concerning an individual’s conduct,
reports of investigations with related
exhibits, statements, affidavits or other
records obtained during an inquiry. The
information does not include
information from confidential financial
disclosure reports, which is maintained
in OGE/GOVT–2, Executive Branch
Confidential Financial Disclosure
Reports.
These records may include
information related to personal and
family financial and other business
interests, positions held outside the
Government and acceptance of gifts.
The records may also contain reports of
action taken by the agency and
decisions and reports on legal or
disciplinary action resulting from any
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referred administrative action or
prosecution.
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 conflict of interests
or violations of other ethics laws and
persons contacted during any
investigation of the allegations.
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ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES OF USERS AND
THE PURPOSES OF SUCH USES: THESE RECORDS
AND INFORMATION IN THESE RECORDS MAY BE
USED:
a. To disclose information furnished
in accordance with sections 105 and
402(b)(1) of the Ethics in Government
Act of 1978, 5 U.S.C. 13107 and
13122(b)(1), and subject to the
limitations contained therein, to any
requesting person.
b. To disclose information to any
requesting person, in accordance with
section 105 of the Ethics in Government
Act, 5 U.S.C. 13107, and subject to the
limitations contained in section
208(d)(1) of title 18, U.S.C., any
determination granting an exemption
pursuant to 208(b)(1) or 208(b)(3) of title
18, U.S.C. These determinations are
commonly called ‘‘conflict of interest
waivers.’’
c. To disclose on OGE’s and other
agencies’ websites and to otherwise
disclose to any person, including other
departments and agencies, certain
information regarding individuals who
have filed a public financial disclosure
report pursuant to 5 U.S.C. 13103 and
individuals who have received a waiver
pursuant to 18 U.S.C. 208(b)(1) or
208(b)(3). Specifically, the information
that may be disclosed is first and last
name, government position, type of
report filed or waiver issued, and name
of the employing agency.
d. 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.
e. To disclose information to any
source when necessary to obtain
information relevant to a conflict-ofinterest investigation or determination.
f. To disclose information to the
National Archives and Records
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18:24 Mar 08, 2024
Jkt 262001
Administration or the General Services
Administration in records management
inspections conducted under authority
of 44 U.S.C. 2904 and 2906.
g. 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.
h. To disclose information when the
disclosing agency determines that the
records are relevant and necessary 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.
i. To disclose the public financial
disclosure report and any accompanying
documents, including 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
pursuant to section 17 of the STOCK
Act (Pub. L. 112–105). 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.
j. 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.
k. 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.
l. To disclose on the OGE website and
to otherwise disclose to any person,
including other departments and
agencies, any written ethics agreements,
including certifications of ethics
agreement compliance, filed with the
Office of Government Ethics, pursuant
to 5 CFR 2634.803, by an individual
nominated by the President to a position
requiring Senate confirmation when the
position also requires the individual to
file a public financial disclosure report.
m. To disclose on the OGE website
and to otherwise disclose to any person,
including other departments and
agencies, any certificate of divestiture
issued by the Office of Government
Ethics, pursuant to 26 U.S.C. 1043.
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n. To disclose on the OGE website
and to otherwise disclose to any person,
including other departments and
agencies, any waiver issued by the
President or the President’s designee of
the restrictions contained in an
Executive order creating additional
ethics commitments for any executive
branch employees.
o. 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.
p. 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.
chapter 131, 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 about whom
they are maintained.
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Federal Register / Vol. 89, No. 48 / Monday, March 11, 2024 / Notices
CONTESTING RECORD PROCEDURES:
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 are
generally retained for a period of six
years after filing, or for such other
period of time as is provided for in that
schedule for certain specified types of
ethics records. In cases where records
are filed by, or with respect to, a
nominee for an appointment requiring
confirmation by the Senate when the
nominee is not appointed and
Presidential and Vice-Presidential
candidates who are not elected, the
records are generally destroyed one year
after the date the individual ceased
being under Senate consideration for
appointment or is no longer a candidate
for office. 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:
These records are maintained in file
cabinets which may be locked or in
specified areas to which only authorized
personnel have access. Access to the
data in the Executive branch-wide
Integrity public financial disclosure
information system and OGE electronic
systems is protected by electronic
controls, such as multifactor
authentication and password protection.
Access to the systems is controlled
based on user roles and responsibilities.
Executive branch agencies control their
users’ access to information in Integrity
and are responsible for properly
safeguarding the records maintained in
their systems.
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RECORD ACCESS PROCEDURES:
Individuals wishing to request access
to their records should contact the
appropriate office as shown in the
Notification Procedures section below.
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.
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).
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18:24 Mar 08, 2024
Jkt 262001
Because the information in these
records is updated on a periodic basis,
most record corrections can be handled
through established administrative
procedures for updating the records.
However, individuals can obtain
information on the procedures for
contesting the records under the
provisions of the Privacy Act by
contacting the appropriate office shown
in the Notification Procedures section
below.
Individuals wishing to inquire
whether this system of records contains
information about them should contact,
as appropriate:
a. For records filed directly with OGE
by non-OGE employees, contact the
General Counsel, Office of Government
Ethics, at the agency’s address as set
forth in the System Location section;
b. For records filed with a Designated
Agency Ethics Official (DAEO) or the
head of a department or agency, contact
the DAEO at the department or agency
concerned; and
c. For records filed with the FEC by
candidates for President or Vice
President, contact the FEC General
Counsel, Federal Election Commission,
999 E Street NW, Washington, DC
20463.
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 with which employed or
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:
84 FR 47303 (Sept. 9, 2019).
Approved: March 5, 2024.
Shelley K. Finlayson,
Acting Director, U.S. Office of Government
Ethics.
[FR Doc. 2024–05083 Filed 3–8–24; 8:45 am]
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DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Food and Drug Administration
[Docket No. FDA–2024–N–0948]
Blood Products Advisory Committee;
Notice of Meeting; Establishment of a
Public Docket; Request for
Comments—Strategies for Testing
Blood Donations for Malaria Infection
AGENCY:
Food and Drug Administration,
HHS.
Notice of meeting;
establishment of a public docket;
request for comments.
ACTION:
NOTIFICATION PROCEDURES:
BILLING CODE 6345–03–P
17473
The Food and Drug
Administration (FDA) announces a
forthcoming public advisory committee
meeting of the Blood Products Advisory
Committee (the Committee). The general
function of the Committee is to provide
advice and recommendations to FDA on
regulatory issues regarding blood and
blood products. At this meeting the
Committee will consider strategies to
reduce the risk of transfusiontransmitted malaria by testing blood
donations from donors at risk of malaria
exposure. The meeting will be open to
the public. FDA is establishing a docket
for public comment on this topic.
DATES: The meeting will be held on May
9, 2024, from 9:30 a.m. to 3:10 p.m.
eastern time.
ADDRESSES: All meeting participants
will be heard, viewed, captioned, and
recorded for this advisory committee
meeting via an online teleconferencing
and/or video conferencing platform.
Answers to commonly asked
questions about FDA advisory
committee meetings, may be accessed
at: https://www.fda.gov/Advisory
Committees/AboutAdvisoryCommittees/
ucm408555.htm.
The online web conference meeting
will be available at the following link on
the day of the meeting: https://
youtube.com/live/eYsJqANKdmQ.
FDA is establishing a docket for
public comment on this meeting topic.
The docket number is FDA–2024–N–
0948. The docket will close on May 8,
2024. Please note that late, untimely
filed comments will not be considered.
The https://www.regulations.gov
electronic filing system will accept
comments until 11:59 p.m. eastern time
on May 8, 2024. Comments received by
mail/hand delivery/courier (for written/
paper submissions) will be considered
timely if they are received on or before
that date. Written comments filed after
this deadline will not be considered by
FDA.
SUMMARY:
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Agencies
[Federal Register Volume 89, Number 48 (Monday, March 11, 2024)]
[Notices]
[Pages 17470-17473]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-05083]
=======================================================================
-----------------------------------------------------------------------
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 Personnel
Public Financial Disclosure Reports and Other Name-Retrieved Ethics
Program Records.
DATES: This action will be effective without further notice on March
11, 2024 subject to a 30-day period in which to comment on the new and
revised routine uses, described below. Please submit any comments by
April 10, 2024.
ADDRESSES: Comments may be submitted to OGE by any of the following
methods:
Email: [email protected] (Include reference to ``OGE/GOVT-1'' in the
subject line of the message.)
Mail, Hand Delivery/Courier: Office of Government Ethics, Suite
750, 250 E Street SW, Washington, DC 20024, Attention: Jennifer Matis,
Associate Counsel.
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; 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 the OGE/GOVT-1 Governmentwide system of records to
add a routine use to permit OGE to post on its website information
regarding individuals who have filed a public financial disclosure
report pursuant to 5 U.S.C. 13103 and individuals who have received a
conflict of interest waiver pursuant to 18 U.S.C. 208 (``conflict of
interest waivers''). OGE also plans to update citations to the Ethics
in Government Act, update its street address, clarify language in
routine use ``n,'' and fix several typographical errors. 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.
Through the process described in 5 U.S.C. 13107, members of the
public may obtain both public financial disclosure reports and conflict
of interest waivers from agencies authorized to release those
documents. See 5 U.S.C. 13107, 18 U.S.C. 208(d)(1). Although conflict
of interest waivers may already be requested from the waiver
recipient's employing agency using this process, currently the public
has no way to know who has received a waiver in order to submit such a
request. Therefore, OGE is proposing to add the waiver recipient's
first and last name, government position, the type of report filed or
waiver issued, and name of the employing agency to OGE's website,
specifically its Officials' Individual Disclosures Search Collection
(``search collection''). Although OGE does not and will not release
conflict of interest waivers issued by another agency, the posting of
this information on the OGE website will make it easier for the waivers
to be requested from the waiver recipient's employing agency and help
effectuate the purposes of the statutory transparency provisions.
Accordingly, OGE proposes to add a new routine use ``c'' to this system
of records to permit the disclosure.
The proposed routine use would also explicitly permit the
disclosure of similar information regarding public financial disclosure
filers. In order to allow users to select the documents they wish to
request, OGE's search collection currently displays the filer's first
and last name, government position, the type of report available, and
name of the employing agency. OGE has the authority to display this
information pursuant to current routine use ``a.'' However, the
language of routine use ``a'' does not make it plain to the public that
certain information regarding public financial disclosure filers will
be posted on OGE's website. Therefore, OGE proposes to make that fact
clear by
[[Page 17471]]
including public financial disclosure filers in the new routine use.
This routine use is compatible with the purpose for which the
information is collected because the records at issue are required by
statute to be made public. The proposed routine use merely ensures that
the public has meaningful access to the request process designated by
statute.
OGE also seeks to update references to the Ethics in Government
Act, as recently recodified in the U.S. Code, and update references to
its current street address. OGE updated the language in the routine use
currently designated ``h.'' Finally, OGE seeks to modify the routine
use currently designated ``n'' to clarify that it is intended to apply
to any current or future ethics Executive order.
Accordingly, OGE is publishing the following notice of a revised
Governmentwide system of records covering Executive Branch Personnel
Public Financial Disclosure Reports and Other Name-Retrieved Ethics
Program Records:
SYSTEM NAME AND NUMBER:
OGE/GOVT-1, Executive Branch Personnel Public Financial Disclosure
Reports and Other Name-Retrieved Ethics Program Records.
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
Office of Government Ethics, Suite 750, 250 E Street SW,
Washington, DC 20024.
SYSTEM MANAGER(S):
a. For records filed directly with OGE by non-OGE employees contact
the General Counsel, Office of Government Ethics, at the address set
forth in the System Location section.
b. For records filed with a Designated Agency Ethics Official
(DAEO) or the head of a department or agency, contact the DAEO at the
department or agency concerned.
c. For records filed with the Federal Election Commission (FEC) by
candidates for President or Vice President, contact the General
Counsel, Office of General Counsel, Federal Election Commission, 999 E
Street NW, Washington, DC 20463.
d. For general questions about this system of records, contact the
OGE Senior Agency Official for Privacy, Office of Government Ethics, at
the address set forth in the System Location section.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
5 U.S.C. 7301, 7351, 7353; 5 U.S.C. chapter 131 (Ethics in
Government Act of 1978); 31 U.S.C. 1353; E.O. 12674 (as modified by
E.O. 12731); E.O. 13770 or any superseding Executive order;
Representative Louise McIntosh Slaughter Stop Trading on Congressional
Knowledge Act (STOCK Act), Public Law 112-105 (2012), as amended; 5 CFR
part 2634.
PURPOSE(S) OF THE SYSTEM:
All records are collected and maintained in accordance with the
requirements of the Ethics in Government Act of 1978 and the Ethics
Reform Act of 1989, as amended, Executive Order 12674, as modified, and
OGE and agency regulations thereunder. These records include the filing
of financial disclosure reports and ethics agreements, waivers issued
to an officer or employee pursuant to section 208 of title 18 or to an
Executive order, and certificates of divestiture issued pursuant to
section 502 of the Ethics Reform Act. Such reports and related records
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:
This system of records contains records about individuals whose
positions have been designated as public financial disclosure filing
positions in accordance with 5 U.S.C. 13103 and 5 CFR 2634.202. This
system of records includes both former and current employees in these
categories who have filed financial disclosure statements under the
requirements of the Ethics in Government Act of 1978, as amended, or
who otherwise come under the requirements of the Ethics in Government
Act. This system of records also contains information that is necessary
for administering all provisions of the Ethics in Government Act of
1978 and the Ethics Reform Act of 1989 (Pub. L. 101-194), as amended,
and E.O. 12674, as modified, on any current or former officer or
employee of the Executive branch.
CATEGORIES OF RECORDS IN THE SYSTEM:
This system of records contains: Financial information such as
salary, dividends, retirement benefits, interests in property, deposits
in a bank and other financial institutions; information on gifts
received; information on certain liabilities; information about
positions as an officer, director, trustee, general partner,
proprietor, representative, employee, or consultant of any corporation,
company, firm, partnership, or other business, non-profit organization,
labor organization, or educational institution; information about non-
Government employment agreements, such as leaves of absence to accept
Federal service, continuation of payments by a non-Federal employer;
and information about assets placed in trust pending disposal. This
system of records also includes other documents developed or
information and material received by the Director of the Office of
Government Ethics, or agency ethics officials in administering the
Ethics in Government Act of 1978 or the Ethics Reform Act of 1989, as
amended, which are retrieved by name or other personal identifier. Such
other documents or information may include, but will not be limited to:
ethics agreements, documentation of waivers issued to an officer or
employee by an agency pursuant to section 208(b)(1) or section
208(b)(3) of title 18, U.S.C., or pursuant to Executive orders;
certificates of divestiture issued by the President or by the Director
of OGE pursuant to section 502 of the Ethics Reform Act of 1989;
information necessary for the rendering of ethics counseling, advice or
formal advisory opinions, or the resolution of complaints; the actual
opinions issued; and records of referrals and consultations regarding
current and former employees who are or have been the subject of
conflicts of interest or standards of conduct inquiries or
determinations, or employees who are alleged to have violated
department, agency or Federal ethics statutes, rules, regulations or
Executive orders. Such information may include correspondence,
documents or material concerning an individual's conduct, reports of
investigations with related exhibits, statements, affidavits or other
records obtained during an inquiry. The information does not include
information from confidential financial disclosure reports, which is
maintained in OGE/GOVT-2, Executive Branch Confidential Financial
Disclosure Reports.
These records may include information related to personal and
family financial and other business interests, positions held outside
the Government and acceptance of gifts. The records may also contain
reports of action taken by the agency and decisions and reports on
legal or disciplinary action resulting from any
[[Page 17472]]
referred administrative action or prosecution.
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 conflict of interests or violations of other
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 records and information
in these records may be used:
a. To disclose information furnished in accordance with sections
105 and 402(b)(1) of the Ethics in Government Act of 1978, 5 U.S.C.
13107 and 13122(b)(1), and subject to the limitations contained
therein, to any requesting person.
b. To disclose information to any requesting person, in accordance
with section 105 of the Ethics in Government Act, 5 U.S.C. 13107, and
subject to the limitations contained in section 208(d)(1) of title 18,
U.S.C., any determination granting an exemption pursuant to 208(b)(1)
or 208(b)(3) of title 18, U.S.C. These determinations are commonly
called ``conflict of interest waivers.''
c. To disclose on OGE's and other agencies' websites and to
otherwise disclose to any person, including other departments and
agencies, certain information regarding individuals who have filed a
public financial disclosure report pursuant to 5 U.S.C. 13103 and
individuals who have received a waiver pursuant to 18 U.S.C. 208(b)(1)
or 208(b)(3). Specifically, the information that may be disclosed is
first and last name, government position, type of report filed or
waiver issued, and name of the employing agency.
d. 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.
e. To disclose information to any source when necessary to obtain
information relevant to a conflict-of-interest investigation or
determination.
f. 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.
g. 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.
h. To disclose information when the disclosing agency determines
that the records are relevant and necessary 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.
i. To disclose the public financial disclosure report and any
accompanying documents, including 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 pursuant to section 17 of the STOCK Act
(Pub. L. 112-105). 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.
j. 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.
k. 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.
l. To disclose on the OGE website and to otherwise disclose to any
person, including other departments and agencies, any written ethics
agreements, including certifications of ethics agreement compliance,
filed with the Office of Government Ethics, pursuant to 5 CFR 2634.803,
by an individual nominated by the President to a position requiring
Senate confirmation when the position also requires the individual to
file a public financial disclosure report.
m. To disclose on the OGE website and to otherwise disclose to any
person, including other departments and agencies, any certificate of
divestiture issued by the Office of Government Ethics, pursuant to 26
U.S.C. 1043.
n. To disclose on the OGE website and to otherwise disclose to any
person, including other departments and agencies, any waiver issued by
the President or the President's designee of the restrictions contained
in an Executive order creating additional ethics commitments for any
executive branch employees.
o. 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.
p. 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. chapter 131, 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 about whom they are maintained.
[[Page 17473]]
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 are
generally retained for a period of six years after filing, or for such
other period of time as is provided for in that schedule for certain
specified types of ethics records. In cases where records are filed by,
or with respect to, a nominee for an appointment requiring confirmation
by the Senate when the nominee is not appointed and Presidential and
Vice-Presidential candidates who are not elected, the records are
generally destroyed one year after the date the individual ceased being
under Senate consideration for appointment or is no longer a candidate
for office. 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:
These records are maintained in file cabinets which may be locked
or in specified areas to which only authorized personnel have access.
Access to the data in the Executive branch-wide Integrity public
financial disclosure information system and OGE electronic systems is
protected by electronic controls, such as multifactor authentication
and password protection. Access to the systems is controlled based on
user roles and responsibilities. Executive branch agencies control
their users' access to information in Integrity and 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 appropriate office as shown in the Notification Procedures
section below. 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.
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 the records. However,
individuals can obtain information on the procedures for contesting the
records under the provisions of the Privacy Act by contacting the
appropriate office shown in the Notification Procedures section below.
NOTIFICATION PROCEDURES:
Individuals wishing to inquire whether this system of records
contains information about them should contact, as appropriate:
a. For records filed directly with OGE by non-OGE employees,
contact the General Counsel, Office of Government Ethics, at the
agency's address as set forth in the System Location section;
b. For records filed with a Designated Agency Ethics Official
(DAEO) or the head of a department or agency, contact the DAEO at the
department or agency concerned; and
c. For records filed with the FEC by candidates for President or
Vice President, contact the FEC General Counsel, Federal Election
Commission, 999 E Street NW, Washington, DC 20463.
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 with which employed or
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:
84 FR 47303 (Sept. 9, 2019).
Approved: March 5, 2024.
Shelley K. Finlayson,
Acting Director, U.S. Office of Government Ethics.
[FR Doc. 2024-05083 Filed 3-8-24; 8:45 am]
BILLING CODE 6345-03-P