Privacy Act of 1974; System of Records, 36597-36599 [2019-16075]

Agencies

• ENVIRONMENTAL PROTECTION AGENCY

[Federal Register Volume 84, Number 145 (Monday, July 29, 2019)]
[Notices]
[Pages 36597-36599]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-16075]



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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9996-33-OMS]


Privacy Act of 1974; System of Records

AGENCY: Office of Mission Support, Environmental Protection Agency 
(EPA).

ACTION: Notice of a modified system of records.

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SUMMARY: Pursuant to the provisions of the Privacy Act of 1974 (5 
U.S.C. 552a), the Office of Inspector General (OIG) is giving notice 
that it proposes to modify an existing system of records, Inspector 
General Enterprise Management System (IGEMS) Investigative module. The 
Inspector General Enterprise Management System (IGEMS) Investigative 
Module is modifying its point of contact, retention and disposal, and 
notification procedures.

DATES: Persons wishing to comment on this system of records notice must 
do so by August 28, 2019. If no comments are received by the end of the 
comment period, this system of record will become effective on August 
28, 2019.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
2011-0366, by one of the following methods:
    Regulations.gov: www.regulations.gov. Follow the online 
instructions for submitting comments.
    Email: [email protected].
    Fax: 202-566-1752.
    Mail: OEI Docket, Environmental Protection Agency, Mailcode: 2822T, 
1200 Pennsylvania Ave. NW, Washington, DC 20460.
    Hand Delivery: OEI Docket, EPA/DC, WJC West Building, Room 3334, 
1301 Constitution Ave. NW, Washington, DC. Such deliveries are only 
accepted during the Docket's normal hours of operation, and special 
arrangements should be made for deliveries of boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-HQ-2011-
0366. The EPA's policy is that all comments received will be included 
in the public docket without change and may be made available online at 
www.regulations.gov, including any personal information provided, 
unless the comment includes information claimed to be Controlled 
Unclassified Information (CUI) or other information for which 
disclosure is restricted by statute. Do not submit information that you 
consider to be CUI or otherwise protected through www.regulations.gov. 
The www.regulations.gov website is an ``anonymous access'' system for 
EPA, which means the EPA will not know your identity or contact 
information unless you provide it in the body of your comment. Each 
agency determines submission requirements within their own internal 
processes and standards. EPA has no requirement of personal 
information. If you send an email comment directly to the EPA without 
going through www.regulations.gov your email address will be 
automatically captured and included as part of the comment that is 
placed in the public docket and made available on the internet. If you 
submit an electronic comment, the EPA recommends that you include your 
name and other contact information in the body of your comment and with 
any disk or CD-ROM you submit. If the EPA cannot read your comment due 
to technical difficulties and cannot contact you for clarification, the 
EPA may not be able to consider your comment. Electronic files should 
avoid the use of special characters, any form of encryption, and be 
free of any defects or viruses. For additional information about the 
EPA's public docket visit the EPA Docket Center homepage at https://www.epa.gov/epahome/dockets.htm.
    Docket: All documents in the docket are listed in the 
www.regulations.gov index. Although listed in the index, some 
information is not publicly available, e.g., CUI or other information 
for which disclosure is restricted by statute. Certain other material, 
such as copyrighted material, will be publicly available only in hard 
copy. Publicly available docket materials are available either 
electronically in www.regulations.gov or in hard copy at the OEI 
Docket, EPA/DC, WJC West Building, Room 3334, 1301 Constitution Ave. 
NW, Washington, DC. The Public Reading Room is open from 8:30 a.m. to 
4:30 p.m., Monday through Friday excluding legal holidays. The 
telephone number for the Public Reading Room is (202) 566-1744, and the 
telephone number for the OEI Docket is (202) 566-1752.

FOR FURTHER INFORMATION CONTACT: Maria Martir, 202-566-2692, 
[email protected].

SUPPLEMENTARY INFORMATION:

I. General Information

    The EPA OIG is giving notice that it intends to modify an existing 
system of records. The Inspector General Enterprise Management System 
(IGEMS) Investigative Module is modifying its point of contact, 
retention and disposal, and notification procedures. This system serves 
as the repository of information collected in the course of conducting 
investigations relating to programs and operations of the EPA. The 
privacy of individuals is protected through user authentication and 
system roles, permissions and privileges. The system is operated and 
maintained by the Office of Inspector General, Office of Management, 
Information Technology Directorate (OM-ITD).

SYSTEM NAME AND NUMBER:
    Inspector General Enterprise Management System (IGEMS) 
Investigative Module. EPA-40.

SECURITY CLASSIFICATION:
    Unclassified.

SYSTEM LOCATION:
    Office of Inspector General, Environmental Protection Agency, 1200 
Pennsylvania Avenue NW, Washington, DC 20460.

SYSTEM MANAGER(S):
    James Nussbaumer, [email protected], 202-566-2583, Assistant 
Inspector General for Management, Office of Inspector General, 
Environmental Protection Agency, 1200 Pennsylvania Avenue NW, 
Washington, DC 20460.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    Inspector General Act of 1978, 5 U.S.C. app. 3.

PURPOSE(S) OF THE SYSTEM:
    To serve as the repository of information collected in the course 
of conducting investigations relating to programs and operations of the 
EPA.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Subjects, complainants, and witnesses in OIG investigations; OIG 
employees who perform investigations; and individuals who receive the 
results of investigations.

CATEGORIES OF RECORDS IN THE SYSTEM:
    Personally Identifiable Information (PII) records to include name, 
address, telephone number, employee ID, personal cell phone number, 
date of birth, employment information; Sensitive PII in the form of a 
social security number (SSN); Health insurance Portability and 
Accountability Act (HIPAA) records; and financial records. Records 
include investigative files and materials collected during the 
investigative process, names of subjects of OIG investigations; address 
of subjects; names of complainants and witnesses interviewed during the 
investigations; documents and other records collected

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from public, business, government and other sources; forensic and other 
analyses; memoranda of investigative activities and contacts; 
electronic data; electronic images; and investigative tools.

RECORD SOURCE CATEGORIES:
    Subjects of an investigation; present and former associations of 
the subjects (e.g., colleagues, business associates, acquaintances, or 
relatives); federal, state, local, international, and foreign 
investigative or law enforcement agencies; other government agencies; 
confidential sources; complainants; witnesses; concerned citizens; and 
public source materials.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND PURPOSES OF SUCH USES:
    The following new routine uses apply to this system because the use 
of the record is necessary for the efficient conduct of government 
operations. The routine uses are related to and compatible with the 
original purpose for which the information was collected.
    General routine uses A, B, C, D, E, F, G, H, I, J, and K apply to 
this system (73 FR 2245). Records may also be disclosed:
    1. To any source, private or public, to the extent necessary to 
secure from such source information relevant to a legitimate EPA 
investigation, audit, decision, or other inquiry.
    2. To a Federal agency responsible for considering suspension or 
debarment action where such record would be relevant to such action.
    3. To the Department of Justice to obtain its advice on Freedom of 
Information Act matters.
    4. In response to a lawful subpoena issued by a Federal agency.
    5. To the Department of the Treasury and the Department of Justice 
when EPA is seeking an ex parte court order to obtain taxpayer 
information from the Internal Revenue Service.
    6. To a Federal, State, local, foreign, or international agency, or 
other public authority, for use in a computer matching program, as that 
term is defined in 5 U.S.C. 552a(a)(8).
    7. To a public or professional licensing organization if the record 
indicates, either by itself or in combination with other information, a 
violation or potential violation of professional standards, or reflects 
on the moral, educational, or professional qualifications of an 
individual who is licensed or who is seeking to become licensed.
    8. To any person when disclosure of the record is needed to enable 
the recipient of the record to take action to recover money or property 
of the EPA, when such recovery will accrue to the benefit of the United 
States, or when disclosure of the record is needed to enable the 
recipient of the record to take appropriate disciplinary action to 
maintain the integrity of EPA programs or operations.
    9. To officers and employees of other Federal agencies for the 
purpose of conducting quality assessments of the OIG.
    10. To the news media and public when a public interest justifies 
the disclosure of information on public events such as indictments or 
similar activities.
    11. To Members of Congress and the public in the OIG's Semiannual 
Report to Congress when the Inspector General determines that the 
matter reported is significant.
    12. To the public when the matter under audit or investigation has 
become public knowledge, or when the Inspector General determines that 
such disclosure is necessary to preserve confidence in the integrity of 
the OIG audit or investigative process or is necessary to demonstrate 
the accountability of EPA officers, employees, or individuals covered 
by this system, unless it is determined that disclosure of the specific 
information in the context of a particular case could reasonably be 
expected to constitute an unwarranted invasion of personal privacy.
    13. To appropriate agencies, entities, and persons when (1) the 
Agency suspects or has confirmed that there has been a breach of the 
system of records, (2) the Agency 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.
    14. To another Federal agency or Federal entity, when the Agency 
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.
    15. To the Office of Government Ethics to comply with agency 
reporting requirements in 5 CFR 2638.206.

POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
    In accordance with OIG Records Management Policy, computer records 
are maintained in a secure, password protected computer system. Paper 
records are maintained in lockable file cabinets. All records are 
maintained in secure, access-controlled areas or buildings.

POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
    By names and other identifiers of subjects, complainants and 
witnesses interviewed during investigations; others involved in the 
investigative process; and investigative case file numbers.

POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
    Records stored in this system are subject to EPA Records Schedule 
1016, which covers records related to operations and programs of the 
EPA and its external business partners that ensure compliance with 
applicable laws and regulations and prevent waste, fraud, and abuse.

ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
    Computer records are maintained in a secure, password protected 
computer system. Paper records are maintained in lockable file 
cabinets. All records are maintained in secure, access-controlled areas 
or buildings. The IGEMS Investigations module (I2M) is restricted to 
the I2M Administrator and the staff of EPA OIG Office of 
Investigations, Office of Counsel, the Inspector General and Deputy 
Inspector General. It is one of the modules found in IGEMS. IGEMS is 
accessible to EPA OIG employees only. It is an internal database 
accessible by multi-factor authentication. Use of strong passwords, 
which are renewed on a regular basis, and screen locks are enforced.

RECORD ACCESS PROCEDURES:
    To the extent permitted under the Privacy Act of 1974, 5 U.S.C. 
552a(j), (k)(2) & (k)(5), this system has been exempted from the 
provisions of the Privacy Act of 1974 that permit access and 
correction. However, EPA may in its discretion, fully grant individual 
requests for access and correction if it determines that the exercise 
of these rights will not interfere with an interest that the exemption 
is intended to

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protect. The exemption from access is limited in some instances by law 
to information that would reveal the identity of a confidential source. 
Requesters will be required to provide adequate identification, such as 
a driver's license, employee identification card or other identifying 
document. Additional identification procedures may be required in some 
instances.

CONTESTING RECORD PROCEDURES:
    Requests for correction or amendment must identify the record to be 
changed and the corrective action sought. EPA's Privacy Act regulations 
are set out in 40 CFR part 16.

NOTIFICATION PROCEDURE:
    Requests to determine whether this system of records contains a 
record pertaining to you must be sent to the Agency's Privacy Officer 
at: U.S. Environmental Protection Agency, 1200 Pennsylvania Avenue NW 
(2831T), Washington, DC 20460; (202) 566-1668; Email: 
([email protected]); Attn: Privacy Officer.

EXEMPTIONS PROMULGATED FOR THE SYSTEM:
    Under 5 U.S.C. 552a(j)(2), this system is exempt from the following 
provisions of the Privacy Act of 1974, as amended: 5 U.S.C. 552a(c)(3) 
and (4); (d); (e)(1), (e)(2), (e)(3), (e)(4)(G), (e)(4)(H), (e)(5), and 
(e)(8); (f); and (g).
    Under 5 U.S.C. 552a(k)(2) and (k)(5), this system is exempt from 
the following provisions of the Privacy Act of 1974 as amended, subject 
to the limitations set forth in this subsection; 5 U.S.C. 552a(c)(3); 
(d); (e)(1), (e)(4)(G), (e)(4)(H), and (f)(2) through (5).

HISTORY:
    66 FR 49947--The establishment of the IGOR system in the Office of 
Inspector General resulted in a restructuring of the OIG systems of 
records. Two existing systems (for investigative files and personnel 
security files) migrated to the IGOR structure. One new OIG system for 
audit, assignment, and time sheet files has been created.
    76 FR 71019--proposes to amend an existing system of records by 
changing the name of the system from the Inspector General's Operation 
and Reporting (IGOR) System Investigative Files (EPA-40) to the 
Inspector General Enterprise Management System (IGEMS) Investigative 
Module.

    Dated: May 3, 2019.
Vaughn Noga,
Senior Agency Official for Privacy.
[FR Doc. 2019-16075 Filed 7-26-19; 8:45 am]
 BILLING CODE 6560-50-P