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Tele-briefing Feb. 8, 2012

Tele-briefing Feb. 8, 2012. PVS Update and What You Can Do. Introduction. Kay Guinane, Director, Charity & Security Network Presentation by Robert M. Lloyd Logistical information on how to comment Q&A Conclusion. Robert M. Lloyd, Consultant.

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Tele-briefing Feb. 8, 2012

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  1. Tele-briefing Feb. 8, 2012 PVS Update and What You Can Do

  2. Introduction Kay Guinane, Director, Charity & Security Network • Presentation by Robert M. Lloyd • Logistical information on how to comment • Q&A • Conclusion

  3. Robert M. Lloyd, Consultant • Expert on federal acquisition, administration and audit of federal grants and contracts • Adjunct faculty at American University and South Carolina University • Author • Advises nonprofits

  4. Telebriefing on RMA/PVS Presented By Bob Lloyd Government Relations Associate, Inside NGO February 8, 2012

  5. Current Issue • U.S. Department of State, Bureau of Administration Information Collection Request Risk Analysis and Management (RMA)* • Published in the Federal Register • January 18, 2012 (77 FR 2601) * [also known as Partner Vetting System (PVS)]

  6. Information Collection Request • Affecting Potential Contractors, Subcontractors, Grantees and Subgrantees --- Directors --- Officers --- Key Personnel

  7. Previous Timeline • July, 2007—USAID proposes PVS based on two occurrences in West Bank/Gaza --- Proposal to establish system --- Proposal to exempt from Privacy Act protections --- Proposed information collections • October, 2007—USAID identifies operational details of proposed information collection • January, 2009—Final rule issued • February, 2009—Comment period reopened

  8. Previous Timeline • Department of State, Foreign Operations, and Related Programs Appropriations Act for FY 2010 (Division F, PL 111-117), 12/16/09 • GAO Report on Vetting in Afghanistan (GAO 11-355, 6/8/11) • Joint State Department-USAID Status Meeting, 9/8/11 • State Department Information Collection Notice, 76 FR 65317, 10/20/11 (60 Day Comment Period)

  9. Inside NGO Activities • Seven sets of comments (July, 2007-December, 2011) • Targets --- USAID, Privacy Act Officer --- USAID, Bureau of Management --- USAID, Counterterrorism Coordinator --- OMB/OIRA, USAID Desk Officer --- DOS, Bureau of Administration

  10. Previously Stated Objections • Unjustified programmatically—no evidence that funds are going to terrorist groups • Challengeable on constitutional grounds • Lacking in comprehensive legal authority • Circular A-110 class deviation needed • Inconsistent with Administration policy • Detrimental to development and foreign assistance objectives • Flawed public burden estimates

  11. Known Operational Details • Pilot Program • Restricted by Statutory Language in FY2010 Appropriations Act • Use of National Security Databases • Proposed DS Form 4184 • Creation of a Secure Portal for the PVS/RMA Database • Affected Organizations Would Submit Information Directly to Database

  12. Five Countries • Testing Awards in These Countries --- Ukraine --- Philippines --- Lebanon --- Kenya --- Guatemala • Criteria--“Range of Risk”

  13. Unknown Operational Details • Timing of Information Collection --- Initial Application? --- As “Lower Tier Organizations” Join? • Obligation to Respond: “VOLUNTARY”

  14. “Stated” Objectives of the Pilot • Determine cost and benefit of expansion • “Validation” of risk based model • Collection of data on: --- Number of awards affected --- Financial information for cost-benefit analysis

  15. What Parallel Action Has USAID Pursued? • Extension of Previously Approved Information Collection No. 0412-0577 • Original Expiration Date: 8/31/11 • “Pilot” PVS • Original Asserted Scope: 2,000 people; 500 organizations; $0 cost • See OIRA link at www.omb.gov

  16. Why is DOS Required to Obtain Comment? • Requirements of the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35) and its regulations (5 CFR 1320) • Process: --- State collects comments --- Sends them to OMB along with justification --- OMB can obtain additional comments * --- OMB can approve, disapprove, or require agency to modify the request

  17. Criteria for Current Comments • Whether the collection of information is necessary for proper performance of the functions of the agency, including whether the information will have practical utility; • The accuracy of the burden estimates; • Ways to enhance the quality, utility, and clarity of the information collected; • Ways to minimize the burden of collection of information on respondents, including use of automated collection techniques or other forms of information technology

  18. Suggested Challenges • Not necessary --- West Bank Gaza incident = isolated --- No indication of occurrences since --- Chilling effect on participation in USG programs --- Scope of “pilot” program being broadened without justification; expansion appears to be a foregone conclusion (DOS/USAID Status Report, 9/8/11)

  19. Suggested challenges • Burden estimates--no way to judge accuracy • Previous USAID program approved for 2,000 individuals and 500 organizations • USAID proposal sought use for 40,000 individuals and 4,000 organizations; 15 minutes per transaction • DOS estimates • Number of organizations (e.g., 541 registered PVO’s, subawardees) • Number of individuals (Board, Management, Staff)

  20. Suggested Challenges • Ways to enhance quality, utility and clarity of information and minimize burden: --- Potential duplication of information if collected contemporaneously with application or proposal submissions --- Substantial duplication of information being collected under ARRA (2 CFR 176), FFATA (2 CFR 25, 2 CFR 170) --- No apparent attempt to coordinate with those information collection or to utilize screening mechanisms available under 2 CFR 180 (EPLS) and 31 CFR 598 (OFAC) • Significant data security questions

  21. What You Should Do… • Review FR announcement and previous letters • Draft your own letter with as much specificity as possible • Send a copy to Charity & Security Network and to Inside NGO • Send a copy to your Senators and Representative explaining the basis for your submission • Keep Charity & Security Network and Inside NGO informed about ongoing vetting developments

  22. Why Bother? • Continued engagement in opposition! • The audience is OMB!

  23. Conclusion The more comments OMB receives the more likely the problems with PVS will get some attention. Added bonus: remember that your comments are on the public record, and can be read by the media, Congressional staff and others.

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