Presentation is loading. Please wait.

Presentation is loading. Please wait.

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

Similar presentations

Presentation on theme: "Tele-briefing Feb. 8, 2012 PVS Update and What You Can Do 1."— Presentation transcript:

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

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

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 3

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

5 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 6 Information Collection Request Affecting Potential Contractors, Subcontractors, Grantees and Subgrantees --- Directors --- Officers --- Key Personnel

7 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 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 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 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 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 12 Five Countries Testing Awards in These Countries --- Ukraine --- Philippines --- Lebanon --- Kenya --- Guatemala Criteria--“Range of Risk”

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

14 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 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

16 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 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 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 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 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 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 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. 23

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

Similar presentations

Ads by Google