[Federal Register Volume 76, Number 90 (Tuesday, May 10, 2011)]
[Notices]
[Pages 27103-27105]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-11296]


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RECOVERY ACCOUNTABILITY AND TRANSPARENCY BOARD

[Doc. No. 11-003]


Privacy Act of 1974; System of Records

AGENCY: Recovery Accountability and Transparency Board.

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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). RATB-
9--FederalReporting.gov Section 1512 Data System, the system that 
maintains information on recipients of funds disbursed under the 
American Recovery and Reinvestment Act of 2009, Public Law 111-5 
(Recovery Act), is being amended to reflect post-Recovery Act 
legislation expanding the purview of the Board's oversight 
responsibilities, see, e.g., Education Jobs Fund, Public Law 111-226, 
124 Stat. 2389, sec. 101 (Aug. 10, 2010) (``[T]he amount under this 
heading shall be administered under the terms and conditions of * * * 
title XV of division A of the American Recovery and Reinvestment Act of 
2009 (Pub. L. 111-5).''), and to account for data submitted to the 
Board by methods other than FederalReporting.gov. Accordingly, the 
Board is making substantive amendments to its system notice to include: 
new categories of individuals covered by the system, new categories of 
records in the system, an amended routine use, and new record source 
categories. To further reflect recent legislation and to account for 
data submitted to the Board by methods other than FederalReporting.gov, 
the system will be renamed RATB-9--Section 1512 Data System. The 
amended system of records reads as follows:
RATB-9.

System Name:
    Section 1512 Data System (1512 Data System).

Security Classification:
    None.

System Location:
    The principal location for the system, including hard copy and 
electronic files, is the Recovery Accountability and Transparency 
Board, located at 1717 Pennsylvania Avenue, NW., Suite 700, Washington, 
DC 20006. The physical location for the FederalReporting.gov records is 
10007 South 51st Street, Phoenix, AZ 85044.

Categories Of Individuals Covered By The System:
    This system contains records on recipients and subrecipients 
(including vendors) of Recovery Act funds, as well as recipients of any 
other funds that Congress mandates are subject to the accountability 
and transparency provisions of Title XV of the Recovery Act. Some of 
these recipients, subrecipients, or vendors may be individuals and/or 
sole proprietors.

Categories Of Records In The System:
    This system contains records submitted by any means to the Board in 
connection with the Board's mission reflected in the accountability and 
transparency requirements of Title XV of the Recovery Act, which may 
include reports submitted through FederalReporting.gov, and data on 
recipients and subrecipients (including vendors) provided by states, 
localities, and other public entities or on behalf of such entities. 
The system will also store FederalReporting.gov's system-generated 
data, such as the recipient's electronic report submission date and 
time, and other identifiers for internal tracking.

Authority For Maintenance Of System:
    The Recovery Act was enacted on February 17, 2009, in order to make 
supplemental appropriations for job preservation and creation, 
infrastructure investment, energy efficiency and science, assistance to 
the unemployed, and State and local fiscal stabilization. The Recovery 
Act established the Board to coordinate and conduct oversight of 
Recovery Act funds to prevent fraud, waste, and abuse.

Purpose(S):
    The purpose of collecting this information is to provide the public 
with information as to how the government spends money, and also to 
assist with the Board's efforts to prevent fraud, waste, and abuse of 
Recovery Act funds and other federal funds for which the Board has been 
assigned oversight responsibilities.

Routine Uses of Records Maintained in the System, Including Categories 
of Users and the Purposes of Such Uses:
    1512 Data System records will be used to collect information about 
recipient, subrecipient, and vendor use of Recovery Act funds and other 
federal funds for which the Board has been assigned oversight 
responsibilities, as well as to populate public-facing government Web 
sites where such data release has been legislated pursuant to statute. 
The records may also be used for auditing or other internal purpose of 
the Board, including but not limited to: investigation of possible 
fraud, waste, abuse, and mismanagement of Recovery Act funds; 
litigation purposes related to information reported to the Board; and 
contacting the recipient in the event of a system modification or 
change to FederalReporting.gov, including the data elements required to 
be reported.
    The Board may disclose information contained in a record in this 
system of records under the routine uses listed in this notice without 
the consent of the individual if the disclosure is compatible with the 
purposes for which the record was collected.
    The general routine uses for the Board's 1512 Data System records 
are listed as follows:
    A. As set forth above, 1512 Data System records may be disclosed in 
order to populate public-facing government Web sites when disclosure of 
certain data elements is consistent with applicable statutes and 
applicable implementing guidance from the Office of Management and 
Budget (OMB).
    B. Information may be disclosed 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.
    C. Disclosure may be made to a federal, state, local, or tribal or 
other public authority of the fact that this system of records contains 
information relevant to the retention of an employee, the retention of 
a security clearance, the letting of a contract, or the issuance of a 
license, grant, or other benefit. That entity, authority or licensing 
organization may then make a request supported by the written consent 
of the individual for the entire record if it so chooses.
    D. Information may be disclosed to a congressional office from the 
record of an individual in response to an inquiry from the 
congressional office made at the request of the individual.
    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 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

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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 
Board and who have a need to have access to the information in the 
performance of their duties or activities for the Board.

Policies and Practices for Storing, Retrieving, Accessing, Retaining, 
and Disposing of Records in the System:
Storage:
    The 1512 Data System records will be stored in digital format on a 
digital storage device. Long-term 1512 Data System records will be 
stored on magnetic tape format. 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.

Safeguards:
    The Board has minimized the risk of unauthorized access to the 
system by establishing a secure environment for exchanging electronic 
information. There are multiple layers of security to physical access 
to the system. 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. All interactions between 
the system and the authorized individual users are recorded.

Retention And Disposal:
    The Board will retain and dispose of these records in accordance 
with National Archives and Records Administration General Records 
Schedule 20, Item 1.c. This schedule provides disposal authorization 
for electronic files and hard copy printouts created to monitor system 
usage, including but not limited to log-in files, audit trail files, 
system usage files, and cost-back files used to access charges for 
system use. Records will be deleted or destroyed when the Board 
determines they are no longer needed for administrative, legal, audit, 
or other program purposes.

System Manager And Address:
    Michael Wood, Recovery Accountability and Transparency Board, 1717 
Pennsylvania Avenue, NW., Suite 700, Washington, DC 20006.

Notification Procedure:
    Any individual who wants to know whether this system of records 
contains a record about him or her, who wants access to his or her 
record, or who wants to contest the contents of a record should make a 
written request to the system manager.

Record Access Procedures:
    A request for record access shall follow the directions described 
under Notification Procedure and will be addressed to the system 
manager at the address listed above.

Contesting Records Procedures:
    If you wish to contest a record in the system of records, contact 
the system manager and identify the record to be changed, identify the 
corrective action sought, and provide a written justification.

Record Source Categories:
    Information is obtained from recipients and subrecipients 
(including vendors) of Recovery Act funds or other federal funds for 
which the Board has been assigned oversight responsibilities; federal, 
state, local, and foreign agencies; and public-source materials.

DATES: Comments on this amendment must be received by the Board on or 
before June 20, 2011. The Privacy Act, at 5 U.S.C. 552a(e)(11), 
requires that the public be provided a 30-day period in which to 
comment on an agency's intended use of information in a system of 
records. Appendix I to Office of Management and Budget (OMB) Circular 
A-130 requires an additional 10-day period, for a total of 40 days, in 
which to make such comments.) The amended system of records will be 
effective, as proposed, at the end of the comment period unless the 
Board determines, upon review of the comments received, that changes 
should be made. In that event, the Board will publish a revised notice 
in the Federal Register.

ADDRESSES: Comments on the proposed amendments should be clearly 
identified as such and may be submitted:
    By Mail or Hand Delivery: Jennifer Dure, 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].

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.

Ivan J. Flores,
Paralegal Specialist, Recovery Accountability and Transparency Board.
[FR Doc. 2011-11296 Filed 5-9-11; 8:45 am]
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