[Federal Register Volume 74, Number 223 (Friday, November 20, 2009)]
[Notices]
[Pages 60302-60305]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-27899]


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RECOVERY ACCOUNTABILITY AND TRANSPARENCY BOARD


Privacy Act of 1974; System of Records

AGENCY: Recovery Accountability and Transparency Board

ACTION: Notice of new Privacy Act systems of records.

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SUMMARY: The Recovery Accountability and Transparency Board (Board or 
RATB) proposes two new systems of records subject to the Privacy Act of 
1974, as amended (Privacy Act or the Act), entitled ``RATB 
Investigative Files'' and ``RATB Fraud Hotline Program Files.''

ADDRESSES: Comments may be submitted:
    By Mail or Hand Delivery: Jennifer Dure, 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 E-mail to the Board: [email protected].
    All comments on the proposed new systems of records should be 
clearly identified as such.

FOR FURTHER INFORMATION CONTACT: Jennifer Dure, 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 of the new systems. 
Therefore, please submit any comments by December 30, 2009.
    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.

Recovery Accountability and Transparency Board

Table of Contents

    RATB--11--RATB Investigative Files.
    RATB--12--RATB Fraud Hotline Program Files.

[[Page 60303]]

RATB--11

SYSTEM NAME:
    RATB Investigative Files.

SECURITY CLASSIFICATION:
    The majority of the information in the system is Sensitive but 
Unclassified.

SYSTEM LOCATION:
    Recovery Accountability and Transparency Board, located at 1717 
Pennsylvania Avenue, NW., Suite 700, Washington, DC 20006.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    In connection with its investigative duties, the RATB maintains 
records on the following categories of individuals:
    (a) Individuals or entities who are or have been the subject of 
investigations indentified by the RATB;
    (b) Individuals who are or have been witnesses, complainants, or 
informants in investigations identified by the RATB; and
    (c) Individuals or entities that have been identified as potential 
subjects or parties to an RATB investigation.

CATEGORIES OF RECORDS IN THE SYSTEM:
    Information relating to investigation, including:
    (a) Letters, memoranda, and other documents describing complaints 
or alleged criminal, civil, or administrative misconduct.
    (b) Investigative files which include general intelligence and 
relevant data, leads for Inspectors General (or other applicable 
oversight and law enforcement entities), reports of investigations and 
related exhibits, statements, affidavits, and records obtained during 
an investigation.

AUTHORITY FOR MAINTENANCE OF SYSTEM:
    The RATB's enabling legislation, the American Recovery and 
Reinvestment Act of 2009 (Pub. L. 111-5) (Recovery Act), sections 1521 
et seq.

PURPOSE(S):
    The purpose of this system of records is to enable the RATB to 
carry out its responsibilities under its enabling legislation, the 
Recovery Act. The RATB is statutorily directed to coordinate and 
conduct oversight of covered funds to prevent fraud, waste, and abuse.

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 5 U.S.C. 
552a(b) of the Privacy Act, these records or information contained 
therein may specifically be disclosed outside the RATB as a routine use 
pursuant to 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 an RATB review or audit.
    C. To appropriate officials and employees of a federal agency or 
entity which requires information relevant to a decision concerning the 
hiring, appointment, or retention of an individual; the issuance, 
renewal, suspension, or revocation of a security clearance; the 
execution of a security or suitability investigation; the letting of a 
contract; or the issuance or revocation of a grant or other benefit.
    D. 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.
    E. 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 RATB is authorized to appear, 
when:
    1. The RATB, or any component thereof; or
    2. Any employee of the RATB in his or her official capacity; or
    3. Any employee of the RATB in his or her individual capacity where 
the DOJ or the RATB has agreed to represent the employee; or
    4. The United States, if the RATB determines that litigation is 
likely to affect the RATB 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 RATB is deemed by the RATB 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.
    F. Information may be disclosed to the National Archives and 
Records Administration in records management inspections.
    G. 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 
RATB and who have a need to have access to the information in the 
performance of their duties or activities for the RATB.

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 in office 
automation equipment.

RETRIEVABILITY:
    Each lead or investigation is assigned a file number and all 
records relating to a particular investigation are filed and retrieved 
by that number. Records may also be retrievable by the names of 
subjects.

SAFEGUARDS:
    Computer records are maintained in a secure, password-protected 
computer system. Paper records are maintained in lockable file 
cabinets. All records are maintained in secure, access-controlled 
areas.

RETENTION AND DISPOSAL:
    Records will be retained and disposed of in accordance with RATB 
Records Control Schedules approved by the National Archives and Records 
Administration.

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

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.

[[Page 60304]]

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; individuals with whom the subjects 
of investigations are associated; federal, state, local, and foreign 
law enforcement and non-law enforcement agencies; private citizens; 
witnesses; informants; and public source materials.
RATB--12

SYSTEM NAME:
    RATB Fraud Hotline Program Files

SECURITY CLASSIFICATION:
    The majority of the information in the system is Sensitive but 
Unclassified.

SYSTEM LOCATION:
    Recovery Accountability and Transparency Board, located at 1717 
Pennsylvania Avenue, NW., Suite 700, Washington, DC 20006.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Persons who report information to the RATB concerning the possible 
existence of activities constituting a violation of law, rules, or 
regulations, fraud, abuse, mismanagement, or gross waste of funds, and 
the subject of the complaints.

CATEGORIES OF RECORDS IN THE SYSTEM:
    Letters, memoranda, other communications and documents describing 
complaints of alleged criminal, civil, or administrative misconduct 
relating to covered funds.

AUTHORITY FOR MAINTENANCE OF SYSTEM:
    The RATB's enabling legislation, the American Recovery and 
Reinvestment Act of 2009 (Pub. L. 111-5) (Recovery Act), sections 1521 
et seq.

PURPOSE(S):
    The purpose of this system of records is to enable the RATB to 
carry out its responsibilities under its enabling legislation, the 
Recovery Act. The RATB is statutorily directed to coordinate and 
conduct oversight of covered funds to prevent fraud, waste, and abuse.

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 5 U.S.C. 
552a(b) of the Privacy Act, these records or information contained 
therein may specifically be disclosed outside the RATB as a routine use 
pursuant to 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 an RATB review or audit.
    C. To appropriate officials and employees of a federal agency or 
entity which requires information relevant to a decision concerning the 
hiring, appointment, or retention of an individual; the issuance, 
renewal, suspension, or revocation of a security clearance; the 
execution of a security or suitability investigation; the letting of a 
contract; or the issuance or revocation of a grant or other benefit.
    D. 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.
    E. 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 RATB is authorized to appear, 
when:
    1. The RATB, or any component thereof; or
    2. Any employee of the RATB in his or her official capacity; or
    3. Any employee of the RATB in his or her individual capacity where 
the DOJ or the RATB has agreed to represent the employee; or
    4. The United States, if the RATB determines that litigation is 
likely to affect the RATB 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 RATB is deemed by the RATB 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.
    F. Information may be disclosed to the National Archives and 
Records Administration in records management inspections.
    G. 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 
RATB and who have a need to have access to the information in the 
performance of their duties or activities for the RATB.

POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, 
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
    Hard copy files and a computer database.

RETRIEVABILITY:
    Records are retrievable by case number or subject name.

SAFEGUARDS:
    Computer records are maintained in a secure, password protected 
computer system. Paper records are maintained in lockable file 
cabinets. All records are maintained in secure, access-controlled areas 
or buildings.

RETENTION AND DISPOSAL:
    Records will be retained and disposed of in accordance with RATB 
Records Control Schedules approved by the National Archives and Records 
Administration.

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

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(k)(2) and (k)(5). 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

[[Page 60305]]

contesting it, and the proposed amendment to the information.

RECORD SOURCE CATEGORIES:
    Complainants who are employees of federal, state, and local 
agencies, and private citizens. Records in the system come from 
complainants through the telephone, mail, electronic mail, facsimile, 
and the web site http://www.recovery.gov.

Ivan J. Flores,
Paralegal Specialist, Recovery Accountability and Transparency Board.
[FR Doc. E9-27899 Filed 11-19-09; 8:45 am]
BILLING CODE 6820-GA-P