[Federal Register Volume 77, Number 50 (Wednesday, March 14, 2012)]
[Notices]
[Pages 15143-15145]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-6103]


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RECOVERY ACCOUNTABILITY AND TRANSPARENCY BOARD

[Doc. No. 12-002]


Privacy Act of 1974; System of Records

AGENCY: Recovery Accountability and Transparency Board.

ACTION: Notice of amendment to existing Privacy Act system of records.

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SUMMARY: The Recovery Accountability and Transparency Board (Board) is 
issuing public notice of its intent to amend a system of records that 
it maintains subject to the Privacy Act of 1974 (5 U.S.C. 552a), as 
amended; specifically, RATB-11 entitled ``RATB Investigative Files'' is 
being amended to reflect legislation expanding the purview of the 
Board's responsibilities, see e.g., Consolidated Appropriations Act of 
2012, Public Law 112-74, Sec.  528, 125 Stat. 786, 920 (2011); and 
Education Jobs Fund, Public Law 111-226, Sec.  101, 124 Stat. 2389 
(2010). Accordingly, the Board is making substantive amendments to its 
system notice to include: amended categories of individuals covered by 
the system, amended categories of records in the system, additional 
authorities for maintenance of the system, amended purposes, a new 
routine use, and amended record source categories. In addition, the 
Board is renaming the system as RATB-11-Oversight Support as well as 
clarifying the security classification, system location, storage, 
retrievability, safeguards, retention and disposal, and system manager. 
The amended system of records reads as follows:
RATB--11

SYSTEM NAME:
    Oversight Support.

SECURITY CLASSIFICATION:
    The majority of the information in the system is Controlled 
Unclassified Information.

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

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    This system contains records on individuals who relate to official 
Board efforts undertaken in support of: (1) Coordinating and conducting 
oversight of American Recovery and Reinvestment Act of 2009, Public Law 
111-5, Sec. Sec.  1521, 1523(a)(1), 123 Stat. 115, 289-90 (2009) 
(Recovery Act), and Education Jobs Fund, Public Law 111-226, Sec.  101, 
124 Stat. 2389 (2010), funds to prevent and detect fraud, waste, and 
abuse; and (2) developing and testing technology resources and 
oversight mechanisms to detect and remediate fraud, waste, and abuse in 
federal spending as authorized by the Consolidated Appropriations Act 
of 2012, Public Law 112-74, Sec.  528, 125 Stat. 786, 920 (2011) 
(Appropriations Act). These individuals include:
    (a) Individuals who are or have been the subject of investigations 
or inquiries indentified by or submitted to the Board;
    (b) Individuals who are or have been witnesses, complainants, or 
informants in investigations or inquiries identified by or submitted to 
the Board;
    (c) Individuals who are or have been potential subjects or parties 
to an investigation or inquiry identified by or submitted to the Board; 
and
    (d) Individuals who are or have been related to entities or 
individuals that are or have been a subject of, potential subject of, 
or party to an investigation or inquiry identified by or submitted to 
the Board.
    The system also contains records concerning individuals in their 
entrepreneurial capacity, corporations, and other business entities. 
These records are not subject to the Privacy Act of 1974 (5 U.S.C. 
552a), as amended.

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

[[Page 15144]]

AUTHORITY FOR MAINTENANCE OF SYSTEM:
    The Recovery Act established the Board to coordinate and conduct 
oversight of Recovery Act funds to prevent fraud, waste, and abuse. 
Recovery Act, Sec. Sec.  1521, 1523(a)(1). The Education Jobs Fund 
requires, among other things, that the funds appropriated thereunder be 
subject to the same accountability and transparency terms and 
conditions as Recovery Act funds. Education Jobs Fund, Sec.  101. The 
Appropriations Act authorizes the Board to develop and test information 
technology resources and oversight mechanisms to detect and remediate 
waste, fraud, and abuse in federal spending. Appropriations Act, Sec.  
528.

PURPOSE(S):
    The purpose of this system of records is to enable the Board to 
carry out its responsibilities under applicable law, including but not 
necessarily limited to the Recovery Act, the Education Jobs Fund, and 
the Appropriations Act. Information collected in this system will 
assist the Board in its effort to coordinate with others and conduct 
oversight to detect and prevent fraud, waste, and abuse of Recovery Act 
and Education Jobs Fund funds. In addition, the information collected 
will assist the Board in developing and testing information technology 
resources and oversight mechanisms to enhance transparency of and 
detect and remediate waste, fraud, and abuse in all federal spending 
for use by the Board and other federal agencies and entities.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND THE PURPOSES OF SUCH USES:
    In addition to those disclosures generally permitted under the 
Privacy Act (5 U.S.C. 552a(b)), the records or information contained in 
this system of records may specifically be disclosed outside the Board 
as a routine use pursuant to the Privacy Act (5 U.S.C. 552a(b)(3)) as 
follows:
    A. To the appropriate federal, state, local, or tribal agency 
responsible for investigating, prosecuting, enforcing, or implementing 
a statute, rule, regulation, or order, if the information is relevant 
to a violation or potential violation of civil or criminal law or 
regulation within the jurisdiction of the receiving entity.
    B. To any individual or entity when necessary to elicit information 
that will assist in a Board review or audit.
    C. To appropriate officials and employees of a federal agency or 
entity that require information relevant to a decision concerning the 
hiring, appointment, or retention of an individual; the issuance, 
renewal, suspension, or revocation of a security clearance; or the 
execution of a security or suitability investigation.
    D. To provide responses to queries from federal agencies and 
entities, including but not limited to regulatory and law enforcement 
agencies, regarding federal fund recipients, subrecipients, or vendors, 
or those seeking federal funds, when the information is relevant to a 
determination related to or arising out of a past, present or 
prospective (i) contract or (ii) grant or other benefit.
    E. To a Member of Congress or staff acting upon the Member's behalf 
when the Member or staff requests the information on behalf of, and at 
the request of, the individual who is the subject of the record.
    F. Information may be disclosed to the Department of Justice (DOJ), 
or in a proceeding before a court, adjudicative body, or other 
administrative body before which the Board is authorized to appear, 
when:
    1. The Board, or any component thereof; or
    2. Any employee of the Board in his or her official capacity; or
    3. Any employee of the Board in his or her individual capacity 
where the DOJ or the Board has agreed to represent the employee; or
    4. The United States, if the Board determines that litigation is 
likely to affect the Board or any of its components, is a party to 
litigation or has an interest in such litigation, and the use of such 
records by the DOJ or the Board is deemed by the Board to be relevant 
and necessary to the litigation, provided, however, that in each case 
it has been determined that the disclosure is compatible with the 
purpose for which the records were collected.
    G. Information may be disclosed to the National Archives and 
Records Administration in records management inspections.
    H. Information may be disclosed to contractors, grantees, 
consultants, or volunteers performing or working on a contract, 
service, grant, cooperative agreement, job, or other activity for the 
Board and who have a need to access the information in the performance 
of their duties or activities for the Board.

DISCLOSURE TO CONSUMER REPORTING AGENCIES:
    Not applicable.

POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, 
AND DISPOSING OF RECORDS IN THE SYSTEM: STORAGE:
    Information in this system is stored electronically on a digital 
storage device and as hard copy files within locked containers. All 
record storage procedures are in accordance with current applicable 
regulations.

RETRIEVABILITY:
    Records are retrievable by database management systems software 
designed to retrieve data elements based upon role-based user access 
privileges. Records may be retrieved by personal identifiers such as, 
but not limited to, name, social security number, date of birth, or 
telephone number. Records may also be retrieved by non-personal 
information such as file number, entity/institution name, subject 
matter, agency involved, or other information.

SAFEGUARDS:
    The Board has minimized the risk of unauthorized access to the 
system by establishing a secure environment for exchanging electronic 
information. Physical access uses a defense in-depth approach 
restricting access at each layer closest to where the actual system 
resides. The entire complex is patrolled by security during non-
business hours. Physical access to the data system housed within the 
facility is controlled by a computerized badge-reading system. Multiple 
levels of security are maintained via dual factor authentication for 
access using biometrics. The computer system offers a high degree of 
resistance to tampering and circumvention. This system limits data 
access to Board and contract staff on a need-to-know basis, and 
controls individuals' ability to access and alter records within the 
system. All users of the system of records are given a unique user 
identification (ID) with personal identifiers, and those user IDs are 
consistent with the above referenced role-based access privileges to 
maintain proper security of law enforcement and any other sensitive 
information. All interactions between the system and the authorized 
individual users are recorded.

RETENTION AND DISPOSAL:
    Board personnel will review records on a periodic basis to 
determine whether they should be retained or modified. Further, the 
Board will retain and dispose of these records in accordance with Board 
Records Control Schedules approved by the National Archives and Records 
Administration.

SYSTEM MANAGER AND ADDRESS:
    Michael Wood, Executive Director, Recovery Accountability and 
Transparency Board, 1717 Pennsylvania Avenue NW., Suite 700, 
Washington, DC 20006.

[[Page 15145]]

NOTIFICATION PROCEDURE:
    Address inquiries to the System Manager listed above.

RECORD ACCESS PROCEDURES:
    The major part of this system is exempt from this requirement 
pursuant to 5 U.S.C. 552a(j)(2) and (k)(2). To the extent that this 
system is not subject to exemption, it is subject to access. A 
determination as to exemption shall be made at the time a request for 
access is received. A request for access to records contained in this 
system shall be made in writing, with the envelope and the letter 
clearly marked ``Privacy Access Request.'' Include in the request the 
full name of the individual involved, his or her current address, date 
and place of birth, notarized signature (or submitted with date and 
signature under penalty of perjury), and any other identifying number 
or information which may be of assistance in locating the record. The 
requester shall also provide a return address for transmitting the 
information. Access requests shall be directed to the System Manager 
listed above.

CONTESTING RECORDS PROCEDURES:
    Requesters shall direct their request to the System Manager listed 
above, stating clearly and concisely what information is being 
contested, the reason for contesting it, and the proposed amendment to 
the information.

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

ADDRESSES: Comments may be submitted:
    By Mail or Hand Delivery: Atticus Reaser, Office of General 
Counsel, Recovery Accountability and Transparency Board, 1717 
Pennsylvania Avenue NW., Suite 700, Washington, DC 20006;
    By Fax: (202) 254-7970; or
    By Email to the Board: <a href="/cdn-cgi/l/email-protection#f5969a9898909b8186b587948197db929a83"><span class="__cf_email__" data-cfemail="b5d6dad8d8d0dbc1c6f5c7d4c1d79bd2dac3">[email protected]</span></a>.
    All comments on the proposed amended systems of records should be 
clearly identified as such.

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

SUPPLEMENTARY INFORMATION: Title 5 U.S.C. 552a(e)(4) and (11) provide 
that the public be given a 30-day period in which to comment on any new 
routine use of a system of records. The Office of Management and Budget 
(OMB), which has oversight responsibilities under the Act, requires a 
40-day period in which to conclude its review. Therefore, please submit 
any comments by April 23, 2012.
    In accordance with 5 U.S.C. 552a(r), the Board has provided a 
report to OMB and the Congress on the proposed systems of records.

Ivan J. Flores,
Paralegal Specialist, Recovery Accountability and Transparency Board.
[FR Doc. 2012-6103 Filed 3-13-12; 8:45 am]
BILLING CODE 6821-15-P


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