[Federal Register Volume 74, Number 42 (Thursday, March 5, 2009)]
[Notices]
[Pages 9584-9586]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-4655]


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 Notices
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 This section of the FEDERAL REGISTER contains documents other than rules 
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  Federal Register / Vol. 74, No. 42 / Thursday, March 5, 2009 / 
Notices  

[[Page 9584]]



DEPARTMENT OF AGRICULTURE

Office of the Secretary


Notice of Proposed Revision to the Privacy Act System of Records

AGENCY: Office of the Secretary, USDA.

ACTION: Notice of proposed revision to the Privacy Act System of 
Records.

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SUMMARY: In accordance with the Privacy Act of 1974, as amended, the 
U.S. Department of Agriculture (USDA), Office of Inspector General 
(OIG) is proposing a revision to its system of records, by creating the 
Office of Audit's Research Aggregated Data Analysis Repository 
(``RADAR''), USDA/OIG-8. RADAR will house USDA data collected by OIG in 
order to detect fraud, waste, and abuse by utilizing software to match, 
merge, and analyze the data. USDA invites public comment on this 
revision of its records system.

DATES: Effective Date: This notice will be adopted without further 
publication in the Federal Register on May 4, 2009 unless modified by a 
subsequent notice to incorporate comments received from the public. 
Comments must be received by the contact person listed below on or 
before April 6, 2009.

FOR FURTHER INFORMATION CONTACT: Mr. David R. Gray, Counsel to the 
Inspector General, Office of Inspector General, U.S. Department of 
Agriculture, 1400 Independence Avenue, SW., Room 441-E, Washington, DC 
20250-2308: (202) 720-9110, Facsimile: (202) 690-1528, e-mail: 
[email protected].

SUPPLEMENTARY INFORMATION: In accordance with the Privacy Act, 5 U.S.C. 
552a(e)(11), USDA OIG proposes to revise its system of records, by 
adding a new Privacy Act system of records, USDA/OIG-8. The full system 
of records was last published in the Federal Register on pages 61262-
61266, 62 FR 61262, et seq., November 17, 1997; and was last amended on 
pages 21389-21391, 70 FR 21389, et seq., April 26, 2005; and on pages 
43398-43400, 73 FR 43398, et seq., July 25, 2008.
    OIG proposes to add a new system of records by adding USDA/OIG-8, 
Office of Audit's Research Aggregated Data Analysis Repository 
(``RADAR''). The RADAR system will contain information from other USDA 
systems of records, and OIG has limited its usage to OIG employees on a 
need-to-know basis.
    All other aspects of OIG's system of records remain unchanged and 
are as published. A ``Report on New System,'' required by 5 U.S.C. 
552a(r), as implemented by Office of Management and Budget Circular A-
130, was sent to the Chairman, Committee on Homeland Security and 
Governmental Affairs, United States Senate; the Chairman, Committee on 
Oversight and Governmental Reform, U.S. House of Representatives; and 
the Administrator, Office of Information and Regulatory Affairs, OMB.

    Dated: February 25, 2009.
Thomas J. Vilsack,
Secretary.
USDA/OIG-8

System Name:
    Office of Audit's Research Aggregated Data Analysis Repository 
(``RADAR'') System, USDA/OIG.
    Security Classification: None.

System Location:
    In the headquarters offices of the U.S. Department of Agriculture 
(USDA), Office of Inspector General (OIG), Jamie L. Whitten Federal 
Building, 1400 Independence Avenue, SW., Washington, DC 20250.

Categories of Individuals Covered by the System:
    Individuals who participate in programs funded, monitored, and 
administered by USDA. Other individuals who are connected with the 
individuals, organizations, or firms who participate in programs 
funded, monitored, and administered by USDA, including the names of the 
subjects of OIG audits and investigations; the counties, cities, and 
States in which the subjects were located or had an interest in a USDA 
program.

Categories of Records in the System:
    RADAR will house USDA data in order to detect fraud, waste, and 
abuse by utilizing software to match, merge, and analyze the data.

Authority for Maintenance of the System:
    Inspector General Act of 1978, 5 U.S.C. app.; 5 U.S.C. 301

Routine uses of records maintained in the system, including categories 
of users and the purposes of such uses:
    (1) A record from the system of records which indicates either by 
itself or in combination with other information, a violation or 
potential violation of a contract or of law, whether civil, criminal, 
or regulatory, or which otherwise reflects on the qualifications or 
fitness of a licensed (or seeking to be licensed) individual, may be 
disclosed to a Federal, State, local, foreign, or self-regulatory 
agency (including but not limited to organizations such as professional 
associations or licensing boards), or other public authority that 
investigates or prosecutes or assists in such investigation, 
prosecution, enforcement, implementation, or issuance of the statute, 
rule, regulation, order, or license.
    (2) A record from the system of records may be disclosed to a 
Federal, State, local, or foreign agency, other public authority, 
consumer reporting agency, or professional organization maintaining 
civil, criminal, or other relevant enforcement or other pertinent 
records, such as current licenses, in order to obtain information 
relevant to an OIG decision concerning employee retention or other 
personnel action, issuance of a security clearance, letting of a 
contract or other procurement action, issuance of a benefit, 
establishment of a claim, collection of a delinquent debt, or 
initiation of an administrative, civil, or criminal action.
    (3) A record from the system of records may be disclosed to a 
Federal, State, local, foreign, or self-regulatory agency (including 
but not limited to organizations such as professional associations or 
licensing boards), or other public authority, to the extent the 
information is relevant and necessary to the requestor's hiring or 
retention of an individual or any other personnel action, issuance or 
revocation of a security clearance, license, grant, or other benefit, 
establishment of a claim, letting of a contract, reporting of an 
investigation of an individual, for purposes of a suspension or 
debarment

[[Page 9585]]

action, or the initiation of administrative, civil, or criminal action.
    (4) A record from the system of records may be disclosed to any 
source--private or public--to the extent necessary to secure from such 
source information relevant to a legitimate OIG investigation, audit, 
or other inquiry.
    (5) A record from the system of records may be disclosed to the 
Department of Justice in the course of litigation when the use of such 
records by the Department of Justice is deemed relevant and necessary 
to the litigation and may be disclosed in a proceeding before a court, 
adjudicative body, or administrative tribunal, or in the course of 
civil discovery, litigation, or settlement negotiations, when a party 
to a legal action or an entity or individual having an interest in the 
litigation includes any of the following:
    (a) The OIG or any component thereof;
    (b) Any employee of the OIG in his or her official capacity;
    (c) Any employee of the OIG in his or her individual capacity where 
the Department of Justice has agreed to represent the employee; or
    (d) The United States, where the OIG determines that litigation is 
likely to affect USDA or any of its components.
    (6) A record from the system of records may be disclosed to a 
Member of Congress from the record of an individual in response to an 
inquiry from the Member of Congress made at the request of that 
individual. In such cases however, the Member's right to a record is no 
greater than that of the individual.
    (7) A record from the system of records may be disclosed to the 
Department of Justice for the purpose of obtaining its advice on an OIG 
audit, investigation, or other inquiry, including Freedom of 
Information or Privacy Act matters.
    (8) A record from the system of records may be disclosed to the 
Office of Management and Budget for the purpose of obtaining its advice 
regarding OIG obligations under the Privacy Act or in connection with 
the review of private relief legislation.
    (9) A record from the system of records may be disclosed to a 
private firm with which OIG contemplates it will contract or with which 
it has contracted for the purpose of performing any functions or 
analyses that facilitate or are relevant to an OIG investigation, 
audit, inspection, or other inquiry. Such contractor or private firm 
shall be required to maintain Privacy Act safeguards with respect to 
such information.
    (10) A record from the system of records may be disclosed in 
response to a subpoena issued by a Federal agency having the power to 
subpoena records of other Federal agencies if the OIG determines that: 
(a) The records are both relevant and necessary to the proceeding, and 
(b) such release is compatible with the purpose for which the records 
were collected.
    (11) A record from the system of records may be disclosed to a 
grand jury agent pursuant either to a Federal or State grand jury 
subpoena, or to a prosecution request that such record be released for 
the purpose of its introduction to a grand jury, provided that the 
grand jury channels its request through the cognizant U.S. Attorney, 
that the U.S. Attorney has been delegated the authority to make such 
requests by the Attorney General, and that the U.S. Attorney actually 
signs the letter specifying both the information sought and the law 
enforcement purpose served. In the case of a State grand jury subpoena, 
the State equivalent of the U.S. Attorney and Attorney General shall be 
substituted.
    (12) A record from the system of records may be disclosed, as a 
routine use, to a Federal, State, local, or foreign agency, or other 
public authority, for use in computer matching programs to prevent and 
detect fraud and abuse in benefit programs administered by any agency, 
to support civil and criminal law enforcement activities of any agency 
and its components, and to collect debts and overpayments owed to any 
agency and its components.
    (13) Relevant information from a system of records may be disclosed 
to the news media and general public where there exists a legitimate 
public interest, e.g., to assist in the location of fugitives, to 
provide notification of arrests, or where necessary for protection from 
imminent threat of life or property.
    (14) A record may be disclosed to any official charged with the 
responsibility to conduct qualitative assessment reviews or peer 
reviews of internal safeguards and management procedures employed in 
investigative operations. This disclosure category includes members of 
the President's Council on Integrity and Efficiency and officials and 
administrative staff within their investigative chain of command, as 
well as authorized officials of the Department of Justice and the 
Federal Bureau of Investigation.
    (15) In the event that these records respond to an audit, 
investigation or review, which is conducted pursuant to an authorizing 
law, rule or regulation, and in particular those conducted at the 
request of the President's Council on Integrity and Efficiency 
(``PCIE'') pursuant to Executive Order 12993, the records may be 
disclosed to the PCIE and other Federal agencies, as necessary.
    (16) To appropriate agencies, entities, and persons when (1) OIG 
suspects or has confirmed that the security or confidentiality of 
information in the system of records has been compromised; (2) USDA 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 USDA or another agency 
or entity) that rely upon the compromised information; and (3) the 
disclosure made to such agencies, entities, and persons is reasonably 
necessary to assist in connection with USDA's efforts to respond to the 
suspected or confirmed compromise and prevent, minimize, or remedy such 
harm.

Storage:
    The RADAR System consists of computerized and paper records.

Retrievability:
    The records are retrieved by names, addresses, social security 
numbers, and tax identification numbers of USDA program participants or 
by case numbers.

Safeguards:
    Computerized records are maintained in a secure, password protected 
computer system. The computer server is maintained in a secure, access-
controlled area within an access-controlled building.
    Paper records are kept in limited access areas during duty hours 
and in locked offices during non-duty hours.

Retention and Disposal:
    Records are retained and disposed of in accordance with USDA/OIG 
Records Control Schedules approved by the National Archives and Records 
Administration.

System Manager(s) and Address:
    Assistant Inspector General for Audit, Office of Inspector General, 
U.S. Department of Agriculture, 1400 Independence Avenue, SW., 
Washington, DC 20250.

Record Access Procedures:
    To request access to information in this system, write to the 
Assistant Inspector General for Audit, Office of Inspector General, 
U.S. Department of

[[Page 9586]]

Agriculture, 1400 Independence Avenue, SW., Washington, DC 20250.

Contesting Records Procedure:
    An individual may contest information in this system which pertains 
to him/her by submitting a written request to the Assistant Inspector 
General for Audit, Office of Inspector General, U.S. Department of 
Agriculture, 1400 Independence Avenue, SW., Washington, DC 20250. This 
system may contain records originated by USDA agencies and contained in 
the USDA's other systems of records. Where appropriate, coordination 
will be effected with the appropriate USDA agency regarding an 
individual's contesting of records in the relevant system of records.

[FR Doc. E9-4655 Filed 3-4-09; 8:45 am]
BILLING CODE 3410-23-P