Privacy Act of 1974; Systems of Records

Citation84 FR 47301
Record Number2019-19373
Published date09 September 2019
SectionNotices
CourtGovernment Ethics Office
Federal Register, Volume 84 Issue 174 (Monday, September 9, 2019)
[Federal Register Volume 84, Number 174 (Monday, September 9, 2019)]
                [Notices]
                [Pages 47301-47303]
                From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
                [FR Doc No: 2019-19373]
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                OFFICE OF GOVERNMENT ETHICS
                Privacy Act of 1974; Systems of Records
                AGENCY: Office of Government Ethics (OGE).
                ACTION: Notice of a modified system of records.
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                SUMMARY: OGE proposes to revise an existing Governmentwide system of
                records under the Privacy Act, covering Executive Branch Confidential
                Financial Disclosure Reports.
                DATES: This action will be effective without further notice on November
                8, 2019 unless comments received before this date would result in a
                contrary determination.
                ADDRESSES: Comments may be submitted to OGE by any of the following
                methods:
                 Email: [email protected] (Include reference to ``OGE/GOVT-2'' in the
                subject line of the message.)
                 Mail, Hand Delivery/Courier: Office of Government Ethics, 1201 New
                York Avenue NW, Suite 500, Attention: Jennifer Matis, Associate
                Counsel, Washington, DC 20005-3917.
                 Instructions: Comments may be posted on OGE's website, www.oge.gov.
                Sensitive personal information, such as account numbers or Social
                Security numbers, should not be included. Comments generally will not
                be edited to remove any identifying or contact information before
                posting.
                FOR FURTHER INFORMATION CONTACT: Jennifer Matis at the U.S. Office of
                Government Ethics; telephone: 202-482-9216; TTY: 800-877-8339; FAX:
                202-482-9237; Email: [email protected].
                SUPPLEMENTARY INFORMATION: In accordance with the Privacy Act of 1974,
                5 U.S.C. 552a, this document provides public notice that OGE is
                proposing to revise and update the OGE/GOVT-2 Governmentwide system of
                records in several respects. A Governmentwide system of records is a
                system of records where one agency (in this case, OGE) has regulatory
                authority over records in the custody of multiple agencies and the
                agency with regulatory authority publishes a SORN that applies to all
                of the records regardless of their custodial location.
                 OGE proposes to add two new routine uses as required by OMB
                Memorandum ``Preparing for and Responding to a Breach of Personally
                Identifiable Information,'' M-17-12, (January 3, 2017). These new
                routine uses allow agencies to disclose information when necessary to
                respond to a suspected or confirmed breach or to prevent, minimize, or
                remedy harm resulting from such a breach.
                 OGE proposes to change the description of the categories of
                individuals covered by the system of records to make it more clear and
                easy to understand. By eliminating much of the technical description,
                the new language is more concise and consistent with plain language
                goals. No substantive change in the categories of individuals covered
                by the system of records is proposed. Likewise, OGE proposes to update
                the retention and disposal information to reflect the current General
                Records Schedule retention and disposal requirements for these records.
                 OGE proposes to modify routine uses (e.) (formerly routine use
                (f.)) and (g.) (formerly routine use (h.)) and remove the old routine
                use (b.) in accordance with OMB and Department of Justice guidance and
                applicable case law. The remaining routine uses have been re-designated
                accordingly.
                 Finally, the changes will update the authority for maintenance of
                the system, the categories of records in the system, and the
                administrative, technical, and physical safeguards, update the system
                manager and notification procedure in accordance with OGE's current
                organizational structure, clarify the language in the ``Purpose''
                section, and make minor editorial changes.
                 Accordingly, the Office of Government Ethics is publishing the
                following notice of a proposed revised Governmentwide system of records
                covering Executive Branch Confidential Financial Disclosure Reports:
                SYSTEM NAME AND NUMBER:
                 OGE/GOVT-2, Executive Branch Confidential Financial Disclosure
                Reports.
                SECURITY CLASSIFICATION:
                 Unclassified.
                SYSTEM LOCATION:
                 Individual agency ethics offices or other designated agency
                offices.
                SYSTEM MANAGER(S):
                 These records are maintained in the department or agency where the
                reports are filed. For questions about a particular report, contact the
                Designated Agency Ethics Official (DAEO) at the department or agency
                concerned. For general questions about this system of records, contact
                the OGE Senior Agency Official for Privacy, Office of Government
                Ethics, Suite 500, 1201 New York Avenue NW, Washington, DC 20005-3917.
                AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
                 5 U.S.C. app. (Ethics in Government Act of 1978); E.O. 12674 (as
                modified by E.O. 12731); 5 CFR part 2634.
                PURPOSE(S) OF THE SYSTEM:
                 These records are collected and maintained to meet the requirements
                of Executive Order 12674, as modified, 5 CFR part 2634, and agency
                regulations thereunder, as well as section 107 of the Ethics in
                Government Act of 1978, as amended, concerning the filing of
                confidential financial disclosure reports. Such reports are required to
                assure compliance with ethics laws and regulations, and to determine if
                an actual or apparent conflict of interest exists between the
                employment of individuals by the Federal Government and their outside
                employment and financial interests.
                CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
                 Officers and employees in the executive branch whose positions have
                been designated as confidential financial disclosure filing positions
                in accordance with 5 CFR 2634.904 and 5 U.S.C. app. 107. In addition,
                all executive branch special Government
                [[Page 47302]]
                employees (SGE) as defined in 18 U.S.C. 202(a) and 5 CFR 2634.105(s)
                are required to file unless they are required to file public financial
                disclosure reports or their positions have been excluded from filing.
                The system of records includes both current and former Federal
                employees in these categories.
                CATEGORIES OF RECORDS IN THE SYSTEM:
                 These records contain statements and amended statements of personal
                and family holdings and other interests in property; income; gifts and
                reimbursements; liabilities; agreements and arrangements; outside
                positions; and other information related to conflict of interest
                determinations. These statements include completed copies of the OGE
                Form 450 and completed copies of agency supplemental or alternative
                confidential report forms.
                RECORD SOURCE CATEGORIES:
                 Information in this system of records is provided by:
                 a. The subject individual or by a designated person such as a
                trustee, attorney, accountant, banker, or relative.
                 b. Federal officials who review the statements to make conflict of
                interest determinations.
                 c. Persons alleging conflicts of interests or other violations of
                ethics laws and persons contacted during any investigation of the
                allegations.
                ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
                OF USERS AND THE PURPOSES OF SUCH USES:
                 These confidential records and the information contained therein
                may be used:
                 a. To disclose pertinent information to the appropriate Federal,
                State, or local agency responsible for investigating, prosecuting,
                enforcing, or implementing a statute, rule, regulation, or order, where
                the disclosing agency becomes aware of an indication of a violation or
                potential violation of civil or criminal law or regulation.
                 b. To disclose information to any source when necessary to obtain
                information relevant to a conflict-of- interest investigation or
                determination.
                 c. To disclose information to the National Archives and Records
                Administration or the General Services Administration in records
                management inspections conducted under authority of 44 U.S.C. 2904 and
                2906.
                 d. To disclose information to the Office of Management and Budget
                at any stage in the legislative coordination and clearance process in
                connection with private relief legislation as set forth in OMB Circular
                No. A-19.
                 e. To disclose information when the disclosing agency determines
                that that the records are arguably relevant to a proceeding before a
                court, grand jury, or administrative or adjudicative body; or in a
                proceeding before an administrative or adjudicative body when the
                adjudicator determines the records to be relevant to the proceeding.
                 f. To disclose the confidential financial disclosure report or
                certificate of no new interests and any accompanying documents to
                reviewing officials in a new office, department or agency when an
                employee transfers or is detailed from a covered position in one
                office, department or agency to a covered position in another office,
                department or agency.
                 g. To disclose information to a Member of Congress or a
                congressional office in response to an inquiry made on behalf of, and
                at the request of, an individual who is the subject of the record.
                 h. To disclose information to contractors, grantees, experts,
                consultants, detailees, and other non-Government employees performing
                or working on a contract, service, or other assignment for the Federal
                Government, when necessary to accomplish an agency function related to
                this system of records.
                 i. To disclose information to appropriate agencies, entities, and
                persons when: (1) The agency maintaining the records suspects or has
                confirmed that there has been a breach of the system of records; (2)
                the agency maintaining the records has determined that as a result of
                the suspected or confirmed breach there is a risk of harm to
                individuals, the agency (including its information systems, programs,
                and operations), the Federal Government, or national security; and (3)
                the disclosure made to such agencies, entities, and persons is
                reasonably necessary to assist in connection with the agency's efforts
                to respond to the suspected or confirmed breach or to prevent,
                minimize, or remedy such harm.
                 j. To disclose information to another Federal agency or Federal
                entity, when the agency maintaining the record determines that
                information from this system of records is reasonably necessary to
                assist the recipient agency or entity in (1) responding to a suspected
                or confirmed breach or (2) preventing, minimizing, or remedying the
                risk of harm to individuals, the recipient agency or entity (including
                its information systems, programs, and operations), the Federal
                Government, or national security, resulting from a suspected or
                confirmed breach.
                 Note: When an agency is requested to furnish records in this
                system of records to the Director or other authorized officials of
                the Office of Government Ethics (OGE), such a disclosure is to be
                considered as made to those officers and employees of the agency
                which co- maintains the records who have a need for the records in
                the performance of their official duties in accordance with the
                Ethics in Government Act of 1978, 5 U.S.C. app., and other ethics-
                related laws, Executive orders, and regulations conferring pertinent
                authority on OGE, pursuant to the provisions of the Privacy Act at 5
                U.S.C. 552a(b)(1).
                POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
                 These records are maintained in paper and/or electronic form.
                POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
                 These records are retrieved by the name or other programmatic
                identifier assigned to the individual on whom they are maintained.
                POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
                 In accordance with the National Archives and Records Administration
                General Records Schedule 2.8 Employee Ethics Records, these records
                generally are retained for six years after filing, except when filed by
                or with respect to a nominee and the nominee ceases to be under
                consideration for the position. However, if any records are needed in
                an ongoing investigation, they will be retained until no longer needed
                in the investigation. Destruction is by shredding or electronic
                deletion.
                ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
                 With regard to OGE records, these records are located in locked
                file storage areas or in specified areas to which only authorized
                personnel have access. Electronic records are protected from
                unauthorized access through password identification procedures, limited
                access, firewalls, and other system-based protection methods. Executive
                branch agencies are responsible for properly safeguarding the records
                maintained in their systems.
                RECORD ACCESS PROCEDURES:
                 Individuals wishing to request access to their records should
                contact the DAEO or designee at the agency where the reports were
                filed. Individuals must furnish the following information for their
                records to be located and identified:
                 a. Full name.
                 b. Department or agency and component with which employed or
                proposed to be employed.
                 c. Dates of employment.
                [[Page 47303]]
                 d. A reasonably specific description of the record content being
                sought.
                 Individuals requesting access to records maintained at OGE must
                also follow OGE's Privacy Act regulations regarding verification of
                identity and access to records (5 CFR part 2606).
                CONTESTING RECORD PROCEDURES:
                 Because the information in these records is updated on a periodic
                basis, most record corrections can be handled through established
                administrative procedures for updating records. However, individuals
                can obtain information on the procedures for contesting the records
                under the provisions of the Privacy Act by contacting the DAEO or
                designee at the agency where the reports were filed.
                NOTIFICATION PROCEDURES:
                 Individuals wishing to inquire whether this system of records
                contains information about them should contact the DAEO at the
                department or agency concerned. For records maintained at OGE, contact
                the OGE Senior Agency Official for Privacy, Office of Government
                Ethics, Suite 500, 1201 New York Avenue NW, Washington, DC 20005-3917.
                 Individuals wishing to make such an inquiry must furnish the
                following information for their records to be located and identified:
                 a. Full name.
                 b. Department or agency and component where employed or where
                proposed to be employed.
                 c. Dates of employment.
                 Individuals seeking to determine if an OGE system of records
                contains information about them must also follow OGE's Privacy Act
                regulations regarding verification of identity (5 CFR part 2606).
                EXEMPTIONS PROMULGATED FOR THE SYSTEM:
                 None.
                HISTORY:
                 This system of records was originally published in full at 55 FR
                6327 (Feb. 22, 1990) and subsequently amended by 68 FR 3097 (Jan. 22,
                2003) and 68 FR 24744 (May 8, 2003).
                 Approved: September 4, 2019.
                Emory Rounds,
                Director, U.S. Office of Government Ethics.
                [FR Doc. 2019-19373 Filed 9-6-19; 8:45 am]
                 BILLING CODE 6345-03-P
                

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