Federal Register / Vol. 76, No. 62 / Thursday, March 31, 2011 / Notices 17997 

Dated: March 24, 2011. 

Shawn Collins, 

Director, Taxpayer Advocacy Panel. 

[FR Doc. 2011–7519 Filed 3–30–11; 8:45 am] 

BILLING CODE 4830–01–P 

DEPARTMENT OF THE TREASURY 

Internal Revenue Service 

Privacy Act of 1974, as Amended 

AGENCY: Internal Revenue Service, 

Treasury. 

ACTION: Notice of Proposed New Privacy 

Act System of Records. 

SUMMARY: In accordance with the 

requirements of the Privacy Act of 1974, 

as amended, 5 U.S.C. 552a, the 

Department of the Treasury, Internal 

Revenue Service, gives notice of a 

proposed new system of records entitled 

‘‘Treasury/IRS 42.888—Qualifying 

Therapeutic Discovery Project Records.’’ 

DATES: Comments must be received no 

later than May 2, 2011. This new system 

of records will be effective May 2, 2011 

unless the IRS receives comments 

which would result in a contrary 

determination. 

ADDRESSES: Comments should be sent to 

the Office of Governmental Liaison and 

Disclosure, Internal Revenue Service, 

1111 Constitution Avenue, NW., 

Washington, DC 20224. Comments will 

be available for inspection and copying 

in the Freedom of Information Reading 

Room (Room 1621), at the above 

address. The telephone number for the 

Reading Room is (202) 622–5164. All 

comments, including attachments and 

other supporting materials, received are 

subject to public disclosure. You should 

submit only information that you wish 

to make available publicly. 

FOR FURTHER INFORMATION CONTACT: 

Dave Thurber, Chief, Abusive 

Transactions and Technical Issues 

(ATTI) Group, Office of Examination, 

Small Business/Self-Employed Division, 

Internal Revenue Service, (707) 646– 

7291 (Dave.Thurber@irs.gov). 

SUPPLEMENTARY INFORMATION: The IRS is 

required to administer, in consultation 

with the Department of Health and 

Human Services, the Qualifying 

Therapeutic Discovery Program 

pursuant to The Patient Protection and 

Affordable Care Act (Pub. L. 111–148), 

as amended by the Health Care and 

Education Reconciliation Act of 2010 

(Pub. L. 111–152) (Affordable Care Act). 

The qualifying therapeutic discovery 

tax credit targets projects that show 

significant potential to produce new 

therapies, address unmet medical needs, 

reduce the long-term growth of health 

care costs, and advance the goal of 

curing cancer within the next 30 years. 

Allocation of credits will also take into 

consideration which projects show the 

greatest potential to create and sustain 

high-quality, high-paying jobs in the 

United States and to advance our 

competitiveness in the fields of life, 

biological, and medical sciences. 

This proposed new system will 

contain information regarding 

qualifying therapeutic discovery 

projects that are designed to develop a 

product, process, or therapy to diagnose, 

treat, or prevent diseases and afflictions 

by: (1) Conducting pre-clinical 

activities, clinical trials, clinical studies, 

and research protocols; or (2) 

developing technology or products 

designed to diagnose diseases and 

conditions, including molecular and 

companion drugs and diagnostics, or to 

further the delivery or administration of 

therapeutics. 

The Affordable Care Act requires the 

IRS to disclose certain information to 

the public regarding the amount of the 

grant or credit, the identity of the person 

receiving the grant or credit, and a 

description of the project with respect to 

which the grant was made or the credit 

allowed. This proposed new system 

includes a routine use authorizing these 

disclosures to comply with the Act and 

the intent of Congress to publicize 

projects that show significant potential 

to produce new and cost-saving 

therapies, support good jobs, and 

increase U.S. competitiveness. 

As required by 5 U.S.C. 552a(r), a 

report of a new system of records has 

been provided to the Committee on 

Oversight and Government Reform of 

the House of Representatives, the 

Committee on Homeland Security and 

Governmental Affairs of the Senate, and 

the Office of Management and Budget. 

The system of records entitled 

‘‘Treasury/IRS 42.888—Qualifying 

Therapeutic Discovery Project Records’’ 

is published in its entirety below. 

Dated: March 11, 2011. 

Melissa Hartman, 

Deputy Assistant Secretary for Privacy, 

Transparency, and Records. 

Treasury/IRS 42.888 

SYSTEM NAME: 

Qualifying Therapeutic Discovery 

Project Records. 

SYSTEM LOCATION: 

IRS Campus, Covington, KY. 

CATEGORIES OF INDIVIDUALS COVERED BY THE

SYSTEM: 

Individuals who file an Application 

for a Qualifying Therapeutic Discovery 

Project credit (or grant in lieu of credit) 

in their individual capacity or on behalf 

of their sole proprietorship. 

CATEGORIES OF RECORDS IN THE SYSTEM: 

These records include information 

pertaining to the IRS’s administration of 

the Qualifying Therapeutic Discovery 

Project Program. Records include, but 

are not limited to the application, 

including Form 8942 and the Project 

Information Memorandum, 

representative authorization 

information, and a unique 

administrative control identifier 

associated with each application for 

certification. The records may contain 

taxpayer names and Taxpayer 

Identification Numbers (TIN) (social 

security number (SSN)). 

AUTHORITY FOR MAINTENANCE OF THE SYSTEM: 

5 U.S.C. 301 and 26 U.S.C. 48D and 

7801. Section 9023(a) of The Patient 

Protection and Affordable Care Act 

(Pub. L. 111–148) as amended by the 

Health Care and Education 

Reconciliation Act of 2010 (P. L. 111– 

152) [Affordable Care Act]. 

PURPOSE: 

To administer, in consultation with 

the Department of Health & Human 

Services, a qualifying therapeutic 

discovery project program to consider 

and award certifications for qualified 

investments eligible for the credit (or, at 

the taxpayer’s election, the grant) to 

qualifying therapeutic discovery project 

sponsors. 

ROUTINE USES OF RECORDS MAINTAINED IN THE

SYSTEM INCLUDING CATEGORIES OF USERS AND

PURPOSES OF SUCH USES: 

Disclosure of returns and return 

information may be made only as 

provided by 26 U.S.C. 6103. All other 

records may be used as described below 

if the IRS deems that the purpose of the 

disclosure is compatible with the 

purpose for which IRS collected the 

records, and no privilege is asserted. 

(1) To disclose certain information to 

the public regarding the amount of the 

grant, the identity of the person to 

whom the grant was made, and a 

description of the project with respect to 

which the grant was made in 

accordance with the intent of Congress 

to publicize the projects that show 

significant potential to produce new and 

cost-saving therapies, support good jobs, 

and increase U.S. competitiveness. 

(2) Disclose information to the 

Department of Justice (DOJ) when 

seeking legal advice or for use in any 

proceeding, or in preparation for any 

proceeding, when: (a) The IRS or any 

component thereof; (b) any IRS 

employee in his or her official capacity; 


wwoods2 on DSK1DXX6B1PROD with NOTICES
17998 Federal Register / Vol. 76, No. 62 / Thursday, March 31, 2011 / Notices 

(c) any IRS employee in his or her 

individual capacity if the IRS or DOJ has 

agreed to provide representation for the 

employee; or (d) the United States is a 

party to, has an interest in, or is likely 

to be affected by, the proceeding and the 

IRS or DOJ determines that the records 

are relevant and necessary to the 

proceeding or advice sought. 

(3) Disclose information during a 

proceeding before a court, 

administrative tribunal, or other 

adjudicative body when: (a) The IRS or 

any component thereof; (b) any IRS 

employee in his or her official capacity; 

(c) any IRS employee in his or her 

personal capacity if the IRS or DOJ has 

agreed to provide representation for the 

employee; or (d) the United States is a 

party to, has an interest in, or is likely 

to be affected by, the proceeding and the 

IRS or DOJ determines that the 

information is relevant and necessary to 

the proceeding. Information may be 

disclosed to the adjudicative body to 

resolve issues of relevancy, necessity, or 

privilege pertaining to the information. 

(4) Disclose information to an 

appropriate Federal, State, local, tribal, 

or foreign agency, or other public 

authority, responsible for implementing 

or enforcing, or for investigating or 

prosecuting the violation of a statute, 

rule, regulation, order, or license, when 

a record on its face, or in conjunction 

with other records, indicates a potential 

violation of law or regulation and the 

information disclosed is relevant to any 

regulatory, enforcement, investigative, 

or prosecutorial responsibility of the 

receiving authority. 

(5) Disclose information to third 

parties during the course of an 

investigation to the extent necessary to 

obtain information pertinent to the 

investigation. 

(6) Disclose information to a 

contractor, including an expert witness 

or a consultant hired by the IRS, to the 

extent necessary for the performance of 

a contract. 

(7) To appropriate agencies, entities, 

and persons when: (a) The Department 

suspects or has confirmed that the 

security or confidentiality of 

information in the system of records has 

been compromised; (b) the Department 

has determined that as a result of the 

suspected or confirmed compromise 

there is a risk of harm to economic or 

property interests, identity theft or 

fraud, or harm to the security or 

integrity of this system or other systems 

or programs (whether maintained by the 

Department or another agency or entity) 

that rely upon the compromised 

information; and (c) the disclosure made 

to such agencies, entities, and persons is 

reasonably necessary to assist in 

connection with the Department’s 

efforts to respond to the suspected or 

confirmed compromise and prevent, 

minimize, or remedy such harm. 

(8) Disclose information to 

professional organizations or 

associations with which individuals 

covered by this system of records may 

be affiliated, such as state bar 

disciplinary authorities, to meet their 

responsibilities in connection with the 

administration and maintenance of 

standards of conduct and discipline. 

POLICIES AND PRACTICES FOR STORING, 

RETRIEVING, ACCESSING, RETAINING AND

DISPOSING OF RECORDS IN THE SYSTEM: 

STORAGE: 

Paper records and electronic media. 

RETRIEVABILITY: 

By taxpayer name and Taxpayer 

Identification Number (TIN) (social 

security number (SSN), employer 

identification number (EIN), or similar 

number assigned by the IRS. 

SAFEGUARDS: 

Only persons authorized by law will 

have access to these records. Access 

controls are not less than those 

published in IRM 10.8.1, Information 

Technology (IT) Security Policy and 

Guidance, and IRM 10.2, Physical 

Security Program. 

RETENTION AND DISPOSAL: 

Records are maintained in accordance 

with IRM 1.15, Records Management. 

SYSTEM MANAGER(S) AND ADDRESS: 

Commissioner, SB/SE, 5000 Ellin 

Road, New Carrollton, MD 20706. 

NOTIFICATION PROCEDURE: 

Individuals seeking to determine if 

this system of records contains a record 

pertaining to themselves may inquire in 

accordance with instructions appearing 

at 31 CFR part 1, subpart C, appendix 

B. Inquiries should be addressed as in 

‘‘Record Access Procedures’’ below. 

RECORDS ACCESS PROCEDURES: 

Individuals seeking access to any 

record contained in this system of 

records, or seeking to contest its 

content, may inquire in accordance with 

instructions appearing at 31 CFR part 1, 

subpart C, appendix B. Inquiries should 

be addressed to Disclosure Office 5, 

Room 7019, 550 Main Street, Cincinnati, 

OH 45202. The IRS may assert 5 U.S.C. 

552a(d)(5) as appropriate. 

CONTESTING RECORDS PROCEDURES: 

26 U.S.C. 7852(e) prohibits Privacy 

Act amendment of tax records. For all 

other records, see ‘‘Records Access 

Procedures’’ above. 

RECORDS SOURCE CATEGORIES: 

Records in this system are provided 

by the applicants, the Department of 

Health and Human Services, and the 

IRS taxpayer account records. 

EXEMPTIONS CLAIMED FOR THE SYSTEM: 

None. 

[FR Doc. 2011–7629 Filed 3–30–11; 8:45 am] 

BILLING CODE 4830–01–P 

DEPARTMENT OF THE TREASURY 

Internal Revenue Service 

Proposed Collection; Comment 

Request for Notice 2008–113; 

Correction 

AGENCY: Internal Revenue Service (IRS), 

Treasury. 

ACTION: Correction to notice and request 

for comments. 

SUMMARY: This document describes 

corrections to a notice and request for 

comments that was published in the 

Federal Register on Monday, March 7, 

2011 at 76 FR 12415 inviting the general 

public and other Federal Agencies to 

take this opportunity to comment on 

proposed and/or continuing information 

collections, as required by the 

Paperwork Reduction Act of 1995, 

Public Law 104–13 (44 U.S.C. 

3506(c)(2)(A)). 

FOR FURTHER INFORMATION CONTACT: 

Requests for additional information or 

copies of the forms and instructions 

should be directed to Ralph Terry at 

(202) 622–8144, or at Internal Revenue 

Service, room 6129, 1111 Constitution 

Avenue, NW., Washington, DC 20224, 

or through the Internet, at 

Ralph.M.Terry@irs.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

The notice and request for comments 

that is the subject of this correction is 

required by the Paperwork Reduction 

Act of 1995, Public Law 104–13 (44 

U.S.C. 3506(c)(2)(A)). 

Need for Correction 

As published, the notice and request 

for comments for Proposed Collection; 

Comment Request for Notice 2008–113 

contains errors that may prove to be 

misleading and are in need of 

clarification. 

Correction of Publication 

Accordingly, the publication of the 

notice and request for comments for 

Proposed Collection; Comment Request 

for Notice 2008–113, which was the 


wwoods2 on DSK1DXX6B1PROD with NOTICES