[Federal Register Volume 76, Number 27 (Wednesday, February 9, 2011)]
[Notices]
[Pages 7239-7241]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-2871]
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DEPARTMENT OF THE TREASURY
Proposed Privacy Act Systems of Records
AGENCY: Departmental Offices, Treasury.
ACTION: Notice of proposed Privacy Act systems of records.
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SUMMARY: In accordance with the requirements of the Privacy Act of
1974, as amended, the Department of the Treasury, Departmental Offices
gives notice of a proposed system of records entitled, ``Treasury/DO
.225 --TARP Fraud Investigation Information System.''
DATES: Comments must be received no later than March 11, 2011. The
proposed new system of records will be effective March 11, 2011 unless
comments are received which would result in a contrary determination.
ADDRESSES: Written comments should be sent to the Department of the
Treasury, ATTN: Supervisory Fraud Specialist, Office of Financial
Stability, 1500 Pennsylvania Avenue, NW., Washington, DC 20220. The
Department will make such comments available for public inspection and
copying in the Department's Library, Room 1428, Main Treasury Building,
1500 Pennsylvania Avenue, NW., Washington, DC 20220, on official
business days between the hours of 10 a.m. and 5 p.m. Eastern Daylight
Time. You can make an appointment to inspect comments by telephoning
(202) 622-0990. All comments received, including attachments and other
supporting materials, are part of the public record and subject to
public disclosure. You should submit only information that you wish to
make available publicly.
FOR FURTHER INFORMATION CONTACT: Brian Bressman, Department of the
Treasury, 1500 Pennsylvania Avenue, NW., Washington, DC 20220, at (202)
927-9219 (fax) or via electronic mail at [email protected].
SUPPLEMENTARY INFORMATION: The Department established the Office of
Financial Stability (OFS) to manage the Troubled Asset Relief Program
(TARP). TARP was established under the Emergency Economic Stabilization
Act of 2008 (EESA) with the specific goal of stabilizing the United
States financial system and preventing a systemic collapse. Treasury
established a series of initiatives under the TARP that include the
Making Home Affordable Program, Hardest Hit Fund, Capital Purchase
Program, American International Group (AIG) Program, Consumer and
Business Lending Initiative, Public-Private Investment Program, Capital
Assistance Program, Asset Guarantee Program, Targeted Investment
Program, and the Automotive Industry Financing Program. These programs
aim to stabilize the financial system, restore the flow of credit to
consumers and businesses, and mitigate the effects of the foreclosure
crisis to keep millions of Americans in their homes. OFS is
establishing the TARP Fraud Investigation Information System to assist
the Department in carrying out its responsibilities under EESA. The
TARP Fraud Investigation Information System maintains information
relevant to background inquiries conducted on individuals that seek,
receive or are entrusted with the TARP funds, and to complaints
received and collected as part of investigations pertaining to alleged
fraud, waste, and/or abuse committed against the TARP programs.
Information in the system will assist investigators in determining
whether to: (a) Refer matters to the Office of the Special Inspector
General for the Troubled Asset Relief Program (SIGTARP) for further
investigation and resolution; (b) refer matters to OFS Financial Agents
and others for compliance review; or (c) close matters with no further
action to be taken. The OFS Fraud Investigation Information System is
important to the success of the OFS mission.
In a notice of proposed rulemaking, which is published separately
in the Federal Register, the Office of Financial Stability is proposing
to exempt records maintained in several systems from certain of the
Privacy Act's requirements pursuant to 5 U.S.C. 552a(k)(2).
The report of a new system of records, as required by 5 U.S.C.
552a(r) of the
[[Page 7240]]
Privacy Act, has been provided to the Committee on Oversight and
Government Reform of the House of Representatives, the Committee on
Homeland Security and Governmental Affairs of the Senate, and the
Office of Management and Budget.
The proposed new system of records, entitled ``Treasury/DO .225--
TARP Fraud Investigation Information System'' is published in its
entirety below.
Dated: January 25, 2011.
Melissa Hartman,
Deputy Assistant Secretary for Privacy, Transparency and Records.
Treasury/DO .225
SYSTEM NAME:
TARP Fraud Investigation Information System.
SYSTEM LOCATION:
Office of Financial Stability, Department of the Treasury, 1500
Pennsylvania Avenue, NW., Washington, DC 20220.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
The TARP Fraud Investigation Information System contains
information about:
(a) Individuals that seek, receive or are entrusted with TARP
funds;
(b) Individuals that are:
1. Known perpetrators or suspected perpetrators of a known or
possible fraud committed or attempted against TARP programs;
2. Directors, officers, partners, proprietors, employees, and
agents, of a business entity;
3. Named as possible witnesses;
4. Actual or potential victims of fraud, including but not limited
to mortgage fraud; and
5. Individuals or entities who have applied to any of the TARP
programs, recipients of TARP program funds and/or benefits, OFS
contractors, OFS agents; or
6. Individuals or entities who have or might have information about
reported matters.
CATEGORIES OF RECORDS IN THE SYSTEM:
This system of records contains information on individuals or
entities who seek, receive or are entrusted with TARP funds, are the
subject of an investigation or in connection with an investigation,
undertaken by OFS into allegations of actual or suspected TARP program
fraud, waste, and/or abuse. Typically, these records include, but are
not limited to, the individual's name, date of birth, social security
number, telephone number(s), residential address(es), e-mail or web
address(es), driver's license number, vehicle ownership records, prior
criminal history, and other exhibits and documents collected during an
investigation.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
12 U.S.C. 5211 and 18 U.S.C. 1031.
PURPOSE(S):
The purpose of this system of records is to maintain a database of
investigative materials consisting of complaints, inquiries, and
investigative referrals pertaining to alleged fraud, waste, and/or
abuse committed or alleged to have been committed by third parties
against the TARP programs, and of background inquiries conducted on
individuals seeking, receiving or entrusted with TARP funds.
Information in the system will allow investigators to determine whether
to refer matters to the appropriate authority for further investigation
and possible criminal, civil, or administrative action.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSES OF SUCH USES:
These records may be used:
1. To disclose pertinent information to appropriate Federal,
foreign, State, local, Tribal or other public authorities or self-
regulatory organizations responsible for investigating or prosecuting
the violations of, or for enforcing or implementing, a statute, rule,
regulation, order, or license, where the disclosing agency becomes
aware of an indication of a potential violation of civil or criminal
law or regulation.
2. Provide information to a Congressional office in response to an
inquiry made at the request of the individual to whom the record
pertains.
3. Disclose information to a court, or a party in litigation before
a court or in an administrative proceeding being conducted by a Federal
agency, when the Federal Government is a party to the judicial or
administrative proceeding. In those cases where the Federal Government
is not a party to the proceeding, records may be disclosed if a
subpoena has been signed by a court of competent jurisdiction and
agency ``Touhy'' regulations are followed. See 31 CFR 1.8 et seq.
4. To disclose information to the National Archives and Records
Administration (NARA) for use in its records management inspections and
its role as an Archivist.
5. To disclose information to the United States Department of
Justice (DOJ), for the purpose of representing or providing legal
advice to the Department of the Treasury (Department) in a proceeding
before a court, adjudicative body, or other administrative body before
which the Department is authorized to appear, when such proceeding
involves:
(a) The Department or any component thereof;
(b) Any employee of the Department in his or her official capacity;
(c) Any employee of the Department in his or her individual
capacity where the DOJ or the Department has agreed to represent the
employee; or
(d) The United States, when the Department determines that
litigation is likely to affect the Department or any of its components;
and the use of such records by the DOJ is deemed by the DOJ or the
Department to be relevant and necessary to the litigation provided that
the disclosure is compatible with the purpose for which records were
collected.
6. To contractors and their agents, grantees, experts, consultants,
and others performing or working on a contract, service, grant,
cooperative agreement, or other assignment for the Department, when
necessary to accomplish an agency function related to this system of
records. Individuals provided information under this routine use are
subject to the same Privacy Act requirements and limitations on
disclosure as are applicable to Department officers and employees.
7. To appropriate agencies, entities, and persons when: (a) The
Department suspects or has confirmed that the security or
confidentiality of information in the system of records has been
compromised; (b) the Department has determined that as a result of the
suspected or confirmed compromise that 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 the Department or another agency or entity) that
rely upon the compromised information; and (c) the disclosure made to
such agencies, entities, and persons is reasonably necessary to assist
in connection with the Department's efforts to respond to the suspected
or confirmed compromise and prevent, minimize, or remedy such harm.
8. To disclose information to the appropriate Federal, foreign,
State, local, Tribal, or other public authority or self regulatory
organization for the purpose of consulting as to the propriety of
access to or amendment or correction of information obtained from that
authority or organization, or verifying the identity of an individual
who has requested access to or amendment or correction of records.
[[Page 7241]]
POLICIES AND PRACTICES FOR STORING, RETRIEVING, SAFEGUARDING, RETAINING
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
These records are maintained in both an electronic media and paper
records.
RETRIEVABILITY:
These records may be retrieved by various combinations of employer
name and or individual name.
SAFEGUARDS:
Where feasible, data in electronic format is encrypted or password
protected. Access to data and records is limited to only those
employees within the Office of Financial Stability whose duties require
access. Physical records are kept securely locked at a controlled,
limited-access facility. Personnel screening and training are employed
to prevent unauthorized disclosure.
RETENTION AND DISPOSAL:
The records will be maintained indefinitely until a record
disposition schedule submitted to the National Archives Records
Administration has been approved.
SYSTEM MANAGER(S) AND ADDRESS:
Supervisory Fraud Specialist, Office of Financial Stability, U.S.
Department of the Treasury, 1500 Pennsylvania Avenue, NW., Washington,
DC 20220.
NOTIFICATION PROCEDURE:
Individuals seeking notification and access to any record contained
in this system of records, or seeking to contest its content, may
inquire in writing in accordance with instructions appearing at 31 CFR
part 1, subpart C, appendix A. Address inquiries to: Director,
Disclosure Services, Department of the Treasury, 1500 Pennsylvania
Avenue, NW., Washington, DC 20220. This system of records may contain
records that are exempt from the notification, access, and contesting
records requirements pursuant to the provisions of 5 U.S.C. 552a(k)(2).
RECORD ACCESS PROCEDURE:
See ``Notification Procedure'' above.
CONTESTING RECORD PROCEDURE:
See ``Notification Procedure'' above.
RECORD SOURCE CATEGORIES:
Information contained in this system is obtained from mortgage
servicers, other government agencies or self regulatory organizations,
Treasury's financial agents, commercial databases, and/or witnesses or
other third parties having information relevant to an investigation.
Some records contained within this system of records are exempt from
the requirement that the record source categories be disclosed pursuant
to the provisions of 5 U.S.C. 552a(k)(2).
EXEMPTIONS CLAIMED FOR THE SYSTEM:
Some records contained within this system of records are exempt
from 5 U.S.C. 552a(c)(3), (d)(1), (d)(2), (d)(3), (d)(4), (e)(1),
(e)(4)(G), (e)(4)(H), (I) and (f) of the Privacy Act pursuant to 5
U.S.C. 552a(k)(2).
[FR Doc. 2011-2871 Filed 2-8-11; 8:45 am]
BILLING CODE 4810-25-P