[Federal Register: March 5, 2009 (Volume 74, Number 42)]
[Notices]
[Page 9584-9586]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr05mr09-12]
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Notices
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains documents other than rules
or proposed rules that are applicable to the public. Notices of hearings
and investigations, committee meetings, agency decisions and rulings,
delegations of authority, filing of petitions and applications and agency
statements of organization and functions are examples of documents
appearing in this section.
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[[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:
drgray@oig.usda.gov.
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