Privacy Act of 1974; System of Records, 7280-7283 [2021-01429]
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7280
Federal Register / Vol. 86, No. 16 / Wednesday, January 27, 2021 / Notices
7(a) lending program.19 This includes
federally insured depository
institutions, credit unions, and
nonbanks.20
When the PPP opened on April 3,
2020, demand for PPP loans far
exceeded the initial $349 billion of
funding for PPP loans and those funds
were exhausted in less than two weeks.
Congress subsequently provided another
$310 billion (including $60 billion
specifically to be lent by smaller banks
and credit unions), bringing the total
funding for the PPP to $659 billion. The
second round of funding became
available on April 27, 2020 and was not
exhausted. When the PPP closed on
August 8, 2020, $133 billion remained
available.
While the PPP was active, Congress
made additional funds available,
changed the term for new PPP loans,
and revised other program
requirements. The SBA also issued
numerous interim final rules related to
the program and lenders. PPP lenders
were responsible for ensuring that their
participation in the PPP complied not
only with the CARES Act and SBA
rules, but also with other applicable
laws, including ECOA.
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Fair Lending Risk
Examiners’ review of small business
lenders’ PA responses identified certain
issues that may pose fair lending risks.
In implementing the PPP, multiple
lenders adopted a policy that restricted
access to PPP loans beyond the
eligibility requirements of the CARES
Act and rules and orders issued by the
SBA (an ‘‘overlay’’). Specifically, several
small business lenders restricted access
by limiting eligibility for PPP loans to
existing customers (an ‘‘existing
customer overlay’’). The Bureau’s PA
work in this area revealed that the
existing customer overlay fell into two
general categories:
(1) Restrictive policies that allowed
only small businesses with a preexisting relationship (or certain type of
pre-existing relationship) with the
institution the opportunity to apply for
a PPP loan; and
(2) less restrictive policies that
required small businesses without a preexisting relationship to first become
customers of the financial institution
(usually by opening a business deposit
account) and then apply for a PPP loan.
19 The
7(a) loan program is the SBA’s primary
program for providing financial assistance to small
businesses. The program’s name comes from section
7(a) of the Small Business Act, 15 U.S.C. 636(a).
The SBA offers several different types of loans
through the program.
20 Institutions that were not SBA-certified did
have to apply to the SBA and receive delegated
authority to process PPP loan applications.
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Examiners determined that an overlay
restricting access to PPP loans for small
businesses that do not have an existing
relationship with the institution, while
neutral on its face, may have a
disproportionate negative impact on a
prohibited basis and run a risk of
violating the ECOA and Regulation B.
The small business lenders provided
business justifications for their use of
existing customer overlays, with the
majority of institutions noting that they
adopted such overlays because of Know
Your Customer legal requirements, the
prevention of fraud, or both. Several
institutions also offered other,
operational reasons for adopting this
overlay, including managing extreme
demand and enabling the institution to
process as many applications as
possible before funds were depleted.
Examiners noted the challenges faced by
small business lenders in implementing
the PPP during a nationwide emergency
and found that the institutions’ stated
reasons for adopting their overlays
reflected legitimate business needs
during part or all of the review period.
Examiners did not, however, conduct a
full analysis of any institution’s overlay,
and did not make any determination
about whether an institution’s use of the
overlay complies with ECOA or
Regulation B. Examiners encouraged the
small business lenders to consider the
fair lending risks associated with
participation in the PPP, in further
implementation of the PPP, and in any
new lending program and to evaluate
and address any risks.
4. Conclusion
The Bureau is committed to being as
transparent as possible about its
supervisory findings and will continue
to publish Supervisory Highlights to aid
Bureau-supervised entities in their
efforts to comply with Federal consumer
financial law. While the Bureau’s PA
reviews are substantially complete, in
some instances, examiners identified
issues that require follow up. The
Bureau will follow-up on risks
identified during PAs in the course of
its regular supervisory work and
findings may be shared in future
editions of Supervisory Highlights.
5. Signing Authority
The Director of the Bureau, Kathleen
L. Kraninger, having reviewed and
approved this document, is delegating
the authority to electronically sign this
document to Grace Feola, a Bureau
Federal Register Liaison, for purposes of
publication in the Federal Register.
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Dated: January 19, 2021.
Grace Feola,
Federal Register Liaison, Bureau of Consumer
Financial Protection.
[FR Doc. 2021–01601 Filed 1–26–21; 8:45 am]
BILLING CODE 4810–AM–P
COUNCIL OF THE INSPECTORS
GENERAL ON INTEGRITY AND
EFFICIENCY
Privacy Act of 1974; System of
Records
Council of the Inspectors
General on Integrity and Efficiency
(CIGIE).
ACTION: Notice of a new system of
records.
AGENCY:
CIGIE proposes to establish a
system of records that is subject to the
Privacy Act of 1974. Pursuant to Public
Law 116–136, CIGIE proposes this
system of records in furtherance of the
statutory mandate of CIGIE’s Pandemic
Response Accountability Committee
(PRAC) to promote transparency and
conduct oversight of the funds
disseminated per the Coronavirus Aid,
Relief, and Economic Security Act
(CARES Act); the Coronavirus
Preparedness and Response
Supplemental Appropriations Act of
2020; the Families First Coronavirus
Response Act; and any other act
primarily making appropriations for
Coronavirus response and related
activities.
SUMMARY:
This proposal will be effective
without further notice on February 26,
2021 unless comments are received that
would result in a contrary
determination.
DATES:
Submit comments
identified by ‘‘CIGIE–5’’ by any of the
following methods:
1. Federal Rulemaking Portal: https://
www.regulations.gov.
Submit comments via the Federal
eRulemaking portal by searching for
CIGIE–5. Select the link ‘‘Comment
Now’’ that corresponds with ‘‘CIGIE–5.’’
Follow the instructions provided on the
screen. Please include your name,
company name (if any), and ‘‘CIGIE–5’’
on your attached document.
2. Mail: Council of Inspectors General
on Integrity and Efficiency, 1717 H
Street NW, Suite 825, Washington, DC
20006. ATTN: Virginia Grebasch/CIGIE–
5, Notice of New System of Records.
3. Email: comments@cigie.gov.
FOR FURTHER INFORMATION CONTACT:
Virginia Grebasch, Senior Counsel,
Pandemic Response Accountability
Committee, Council of the Inspectors
ADDRESSES:
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Federal Register / Vol. 86, No. 16 / Wednesday, January 27, 2021 / Notices
General on Integrity and Efficiency,
(202) 292–2600 or comments@cigie.gov.
SUPPLEMENTARY INFORMATION: In 2008,
Congress established CIGIE as an
independent entity within the executive
branch in order to address integrity,
economy, and effectiveness issues that
transcend individual Government
agencies; and increase the
professionalism and effectiveness of
personnel by developing policies,
standards, and approaches to aid in the
establishment of a well-trained and
highly skilled workforce in the offices of
the Inspector General. CIGIE’s
membership is comprised of all
Inspectors General whose offices are
established under the Inspector General
Act of 1978, as amended, 5 U.S.C. app
(IG Act), as well as the Controller of the
Office of Federal Financial
Management, a designated official of the
Federal Bureau of Investigation (FBI),
the Director of the Office of Government
Ethics, the Special Counsel of the Office
of Special Counsel, the Deputy Director
of the Office of Personnel Management,
the Deputy Director for Management of
the Office of Management and Budget
(OMB), and the Inspectors General of
the Office of the Director of National
Intelligence, Central Intelligence
Agency, Library of Congress, Capitol
Police, Government Publishing Office,
Government Accountability Office, and
the Architect of the Capitol. The Deputy
Director for Management of OMB serves
as the Executive Chairperson of CIGIE.
Section 15010 of Public Law 116–136,
established the PRAC as a committee
within CIGIE. The mission of the PRAC
is to promote transparency and conduct
and support oversight to: (1) Prevent
and detect fraud, waste, abuse, and
mismanagement of covered funds; and
(2) mitigate major risks that cut across
programs and agencies with respect to
covered funds. The term ‘‘covered
funds’’ means any funds, including but
not limited to loans, that are made
available in any form to any non-Federal
entity, not including an individual,
under: The CARES Act; the Coronavirus
Preparedness and Response
Supplemental Appropriations Act of
2020; the Families First Coronavirus
Response Act; or any other act primarily
making appropriations for the Federal
Government’s Coronavirus response and
related activities.
The new system of records described
in this notice, the PRAC Data
Warehouse System (CIGIE–5), will
enable CIGIE to carry out its
responsibilities to promote transparency
and conduct oversight of covered funds.
In accordance with 5 U.S.C. 552a(r),
CIGIE has provided a report of this new
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system of records to OMB and to
Congress. The new system of records
reads as follows:
SYSTEM NAME AND NUMBER:
PRAC Data Warehouse System
(PDWS)—CIGIE–5.
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
The location of paper records
contained within the PDWS is the
headquarters of the Council of the
Inspectors General on Integrity and
Efficiency (CIGIE), 1717 H Street NW,
Suite 825, Washington, DC 20006.
Records maintained in electronic form
are principally located in contractorhosted data centers in the United States.
Contact the System Manager identified
below for additional information.
SYSTEM MANAGER(S):
Executive Director, Pandemic
Response Accountability Committee,
Council of the Inspectors General on
Integrity and Efficiency, 1717 H Street
NW, Suite 825, Washington, DC 20006,
(202) 292–2600, cigie.information@
cigie.gov.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
Section 11 of the Inspector General
Act of 1978, as amended, 5 U.S.C. app
(IG Act); 5 U.S.C. 301; 44 U.S.C. 3101;
Public Law 116–136; Public Law 116–
123; and Public Law 116–127.
PURPOSE(S) OF THE SYSTEM:
To carry out the PRAC’s
responsibilities to promote transparency
and conduct oversight of any funds,
including but not limited to loans, that
are made available in any form to any
non-Federal entity, not including an
individual, under: Public Law 116–136;
Public Law 116–123; and Public Law
116–127; or any other act primarily
making appropriations for Coronavirus
response and related activities
(Coronavirus Funds). The term
‘‘Coronavirus response’’ means the
Federal Government’s response to the
nationwide public health emergency
declared by the Secretary of Health and
Human Services, retroactive to January
27, 2020, pursuant to 42 U.S.C. 247d as
a result of confirmed cases of the novel
Coronavirus, COVID–19, in the United
States (Coronavirus Response).
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
This system contains records on
individuals acting in a personal capacity
who relate to PRAC efforts undertaken
in support of its mission to promote
transparency and conduct and support
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oversight of Coronavirus Funds and the
Coronavirus Response to prevent and
detect fraud, waste, abuse, and
mismanagement and mitigate major
risks that cut across programs and
agencies. Individuals include but are
not limited to those who have applied
for, sought, or received Federal funds.
These records are comingled with
information concerning individuals in
their entrepreneurial/sole-proprietor
capacity; however, this information is
not subject to the Privacy Act.
CATEGORIES OF RECORDS IN THE SYSTEM:
The system maintains records that
contribute to the transparency of
Coronavirus Funds and the Coronavirus
Response and effective oversight of
fraud, waste, abuse, and
mismanagement and mitigation of major
risks that cut across programs and
agencies related to Coronavirus Funds
and the Coronavirus Response. These
records may include, but are not limited
to, records concerning: Coronavirus
Funds and other Federal funding; the
Coronavirus Response; individuals in
their personal capacity or individuals
who are employees or representatives of
businesses, corporations, tribal
governments, not-for-profit
organizations, or other organizations
that have applied for, sought, or
received Coronavirus Funds or have
been involved in any capacity in the
Coronavirus Response. Such records
may include, but are not limited to these
individuals’ home addresses, telephone
numbers, social security numbers or tax
identifications numbers, company
business addresses, business financial
information and records, bank account
information, payroll records, personal
contact information, business
affiliations, and employment history.
RECORD SOURCE CATEGORIES:
Publicly and/or commercially
available data sets and other source
material; Federal agencies; and
individuals and entities, including
states and local jurisdictions, tribal
governments, businesses, corporations,
and other organizations, that have
applied for, sought, or received
Coronavirus Funds or other Federal
funds or have been involved in any
capacity in the Coronavirus Response.
ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES OF USERS AND
PURPOSES OF SUCH USES:
In addition to those disclosures
generally permitted under 5 U.S.C.
552a(b), all or portions of the records or
information contained in this system
may specifically be disclosed outside of
CIGIE as a routine use pursuant to 5
U.S.C. 552a(b)(3) as follows:
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A. To a Member of Congress in
response to an inquiry from that
Member made at the request of the
individual. In such cases, however, the
Member’s right to a record is no greater
than that of the individual.
B. If the disclosure of certain records
to the Department of Justice (DOJ) is
relevant and necessary to litigation,
CIGIE may disclose those records to the
DOJ. CIGIE may make such a disclosure
if one of the following parties is
involved in the litigation or has an
interest in the litigation:
1. CIGIE or any component thereof; or
2. Any employee or former employee
of CIGIE in his or her official capacity;
or
3. Any employee or former employee
of CIGIE in his or her individual
capacity when the DOJ has agreed to
represent the employee; or
4. The United States, if CIGIE
determines that litigation is likely to
affect CIGIE or any of its components.
C. If disclosure of certain records to a
court, adjudicative body before which
CIGIE is authorized to appear,
individual or entity designated by CIGIE
or otherwise empowered to resolve
disputes, counsel or other
representative, party, or potential
witness is relevant and necessary to
litigation, CIGIE may disclose those
records to the court, adjudicative body,
individual or entity, counsel or other
representative, party, or potential
witness. CIGIE may make such a
disclosure if one of the following parties
is involved in the litigation or has an
interest in the litigation:
1. CIGIE or any component thereof; or
2. Any employee or former employee
of CIGIE in his or her official capacity;
or
3. Any employee or former employee
of CIGIE in his or her individual
capacity when the DOJ has agreed to
represent the employee; or
4. The United States, if CIGIE
determines that litigation is likely to
affect CIGIE or any of its components.
D. To the appropriate Federal, state,
local, tribal, or foreign agency
responsible for investigating,
prosecuting, enforcing, or implementing
a statute, rule, regulation, or order, if the
information is relevant to a violation or
potential violation of civil or criminal
law or regulation within the jurisdiction
of the receiving entity.
E. To officials and employees of any
Federal agency to the extent the record
contains information that is relevant to
that agency’s decision concerning the
hiring, appointment, or retention of an
employee; issuance of a security
clearance; execution of a security or
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suitability investigation; or
classification of a job.
F. To the National Archives and
Records Administration (NARA)
pursuant to records management
inspections being conducted under the
authority of 44 U.S.C. 2904 and 2906.
G. To contractors, grantees,
consultants, volunteers, or other
individuals performing or working on a
contract, interagency agreement, service,
grant, cooperative agreement, job, or
other activity for CIGIE and who have a
need to access the information in the
performance of their duties or activities
for CIGIE.
H. To appropriate agencies, entities,
and persons when: CIGIE suspects or
has confirmed that there has been a
breach of the system of records; CIGIE
has determined that as a result of the
suspected or confirmed breach there is
a risk of harm to individuals, CIGIE
(including its information systems,
programs, and operations), the Federal
Government, or national security; and
the disclosure made to such agencies,
entities, and persons is reasonably
necessary to assist in connection with
CIGIE’s efforts to respond to the
suspected or confirmed breach or to
prevent, minimize, or remedy such
harm.
I. To another Federal agency or
Federal entity, when: CIGIE determines
that information from this system of
records is reasonably necessary to assist
the recipient agency or entity in
responding to a suspected or confirmed
breach; or 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.
J. To Federal agencies and
independent certified public accounting
firms that have a need for the
information in order to audit the
financial statements of CIGIE.
K. To an organization or an individual
in the public or private sector if there is
reason to believe the recipient is or
could become the target of a particular
criminal activity or conspiracy, or to the
extent the information is relevant to the
protection or life or property.
L. To officials of CIGIE, as well as
CIGIE members and their employees,
who have need of the information in the
performance of their duties.
M. To the Office of Personnel
Management (OPM) in accordance with
OPM’s responsibility for evaluation and
oversight of Federal personnel
management.
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N. To appropriate agencies, entities,
and persons, to the extent necessary to
respond to or refer correspondence.
O. To the news media and the public,
unless it is determined that release of
the specific information would
constitute an unwarranted invasion of
personal privacy.
P. To populate public-facing
government websites to promote
transparency of Coronavirus Funds and
the Coronavirus Response, unless it is
determined that release of the specific
information would constitute an
unwarranted invasion of personal
privacy.
POLICIES AND PRACTICES FOR STORAGE OF
RECORDS:
Information within this system of
records is maintained in paper/or
electronic form.
POLICIES AND PRACTICES FOR RETRIEVAL OF
RECORDS:
These records are retrieved by the
name or other programmatic identifier
assigned to the individuals on whom
they are maintained.
POLICIES AND PRACTICES FOR RETENTION AND
DISPOSAL OF RECORDS:
The information is retained and
disposed of in accordance with the
General Records Schedule and/or the
CIGIE records schedule applicable to the
record and/or otherwise required by the
Federal Records Act and implementing
regulations.
ADMINISTRATIVE, TECHNICAL AND PHYSICAL
SAFEGUARDS:
Paper 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.
RECORD ACCESS PROCEDURES:
Individuals seeking notification and
access to any record contained in this
system of records, or seeking to contest
its content, may inquire in writing to the
System Manager listed above. CIGIE has
published a rule, entitled ‘‘Privacy Act
Regulations,’’ to establish its procedures
relating to access, maintenance,
disclosure and amendment of records
which are in a CIGIE system of records
per the Privacy Act, promulgated at 5
CFR part 9801 (https://www.ecfr.gov/
cgi-bin/text-idx?SID=c3344b4e456f
682fe915c0e982f8ce94&mc=true&tpl=/
ecfrbrowse/Title05/5cfr9801_main_
02.tpl).
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CONTESTING RECORD PROCEDURES:
See ‘‘Records Access Procedures’’
above.
NOTIFICATION PROCEDURES:
See ‘‘Records Access Procedures’’
above.
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
None.
HISTORY:
N/A.
Dated: January 15, 2021.
Allison C. Lerner,
Chairperson of the Council of the Inspectors
General on Integrity and Efficiency.
[FR Doc. 2021–01429 Filed 1–26–21; 8:45 am]
BILLING CODE P
DEPARTMENT OF ENERGY
Federal Energy Regulatory
Commission
[Docket No. CP21–24–000]
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Breitburn Operating L.P.; Notice of
Applcation and Establising
Intervention Deadline
Take notice that on January 7, 2021,
Breitburn Operating L.P. (Breitburn),
1111 Bagby Street, Suite 1600, Houston,
Texas 77002, filed in the above
referenced docket an application
pursuant to section 7(b) of the Natural
Gas Act (NGA) and Part 157 of the
Commission’s regulations to abandon
the limited jurisdiction certificate
issued on November 14, 2008 in Docket
No. CP08–473–000. Specifically,
Breitburn request to abandon the
operation of 8.3-mile, 12-inch diameter
pipeline located in Meade County,
Kentucky (Cardinal Line). The Cardinal
Line is not currently delivering natural
gas to Texas Gas Transmission, LLC
(Texas Gas), and upon receiving the
authorization requested, Breitburn will
disconnect the Cardinal Line from its
interconnect with Texas Gas and
transfer the inactive Cardinal Line to
Nucor Corporation (Nucor) to be used in
the future by Nucor or a successor entity
to provide natural gas supply to Nucor’s
steel mill, which is currently under
development. The Cardinal Line does
not transport third-party gas, all as more
fully set forth in the request which is on
file with the Commission and open to
public inspection.
In addition to publishing the full text
of this document in the Federal
Register, the Commission provides all
interested persons an opportunity to
view and/or print the contents of this
document via the internet through the
Commission’s Home Page (https://
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ferc.gov) using the ‘‘eLibrary’’ link.
Enter the docket number excluding the
last three digits in the docket number
field to access the document. At this
time, the Commission has suspended
access to the Commission’s Public
Reference Room, due to the
proclamation declaring a National
Emergency concerning the Novel
Coronavirus Disease (COVID–19), issued
by the President on March 13, 2020. For
assistance, contact the Federal Energy
Regulatory Commission at
FERCOnlineSupport@ferc.gov or call
toll-free, (886) 208–3676 or TYY, (202)
502–8659.
Any questions concerning this
application should be directed to Caleb
Cooley, Pipeline Compliance Lead,
Maverick Natural Resources, LLC, 1111
Bagby Street, Suite 1600, Houston,
Texas 77002, by telephone at (903) 291–
6511, or by email at caleb.cooley@
mavresources.com.
Pursuant to section 157.9 of the
Commission’s Rules of Practice and
Procedure,1 within 90 days of this
Notice the Commission staff will either:
Complete its environmental review and
place it into the Commission’s public
record (eLibrary) for this proceeding; or
issue a Notice of Schedule for
Environmental Review. If a Notice of
Schedule for Environmental Review is
issued, it will indicate, among other
milestones, the anticipated date for the
Commission staff’s issuance of the final
environmental impact statement (FEIS)
or environmental assessment (EA) for
this proposal. The filing of an EA in the
Commission’s public record for this
proceeding or the issuance of a Notice
of Schedule for Environmental Review
will serve to notify federal and state
agencies of the timing for the
completion of all necessary reviews, and
the subsequent need to complete all
federal authorizations within 90 days of
the date of issuance of the Commission
staff’s FEIS or EA.
Public Participation
There are two ways to become
involved in the Commission’s review of
this project: You can file comments on
the project, and you can file a motion
to intervene in the proceeding. There is
no fee or cost for filing comments or
intervening. The deadline for filing a
motion to intervene is 5:00 p.m. Eastern
Time on February 11, 2021.
Comments
Any person wishing to comment on
the project may do so. Comments may
include statements of support or
objections to the project as a whole or
1 18
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7283
specific aspects of the project. The more
specific your comments, the more useful
they will be. To ensure that your
comments are timely and properly
recorded, please submit your comments
on or before February 11, 2021.
There are three methods you can use
to submit your comments to the
Commission. In all instances, please
reference the Project docket number
(CP21–24–000) in your submission.
(1) You may file your comments
electronically by using the eComment
feature, which is located on the
Commission’s website at www.ferc.gov
under the link to Documents and
Filings. Using eComment is an easy
method for interested persons to submit
brief, text-only comments on a project;
(2) You may file your comments
electronically by using the eFiling
feature, which is located on the
Commission’s website (www.ferc.gov)
under the link to Documents and
Filings. With eFiling, you can provide
comments in a variety of formats by
attaching them as a file with your
submission. New eFiling users must
first create an account by clicking on
‘‘eRegister.’’ You will be asked to select
the type of filing you are making; first
select ‘‘General’’ and then select
‘‘Comment on a Filing’’; or
(3) You can file a paper copy of your
comments by mailing them to the
following address below.2 Your written
comments must reference the Project
docket number (CP21–24–000).
Kimberly D. Bose, Secretary, Federal
Energy Regulatory Commission, 888
First Street NE, Washington, DC
20426
The Commission encourages
electronic filing of comments (options 1
and 2 above) and has eFiling staff
available to assist you at (202) 502–8258
or FercOnlineSupport@ferc.gov.
Persons who comment on the
environmental review of this project
will be placed on the Commission’s
environmental mailing list, and will
receive notification when the
environmental documents (EA or EIS)
are issued for this project and will be
notified of meetings associated with the
Commission’s environmental review
process.
The Commission considers all
comments received about the project in
determining the appropriate action to be
taken. However, the filing of a comment
alone will not serve to make the filer a
party to the proceeding. To become a
party, you must intervene in the
2 Hand delivered submissions in docketed
proceedings should be delivered to Health and
Human Services, 12225 Wilkins Avenue, Rockville,
Maryland 20852.
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Agencies
[Federal Register Volume 86, Number 16 (Wednesday, January 27, 2021)]
[Notices]
[Pages 7280-7283]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-01429]
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COUNCIL OF THE INSPECTORS GENERAL ON INTEGRITY AND EFFICIENCY
Privacy Act of 1974; System of Records
AGENCY: Council of the Inspectors General on Integrity and Efficiency
(CIGIE).
ACTION: Notice of a new system of records.
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SUMMARY: CIGIE proposes to establish a system of records that is
subject to the Privacy Act of 1974. Pursuant to Public Law 116-136,
CIGIE proposes this system of records in furtherance of the statutory
mandate of CIGIE's Pandemic Response Accountability Committee (PRAC) to
promote transparency and conduct oversight of the funds disseminated
per the Coronavirus Aid, Relief, and Economic Security Act (CARES Act);
the Coronavirus Preparedness and Response Supplemental Appropriations
Act of 2020; the Families First Coronavirus Response Act; and any other
act primarily making appropriations for Coronavirus response and
related activities.
DATES: This proposal will be effective without further notice on
February 26, 2021 unless comments are received that would result in a
contrary determination.
ADDRESSES: Submit comments identified by ``CIGIE-5'' by any of the
following methods:
1. Federal Rulemaking Portal: https://www.regulations.gov.
Submit comments via the Federal eRulemaking portal by searching for
CIGIE-5. Select the link ``Comment Now'' that corresponds with ``CIGIE-
5.'' Follow the instructions provided on the screen. Please include
your name, company name (if any), and ``CIGIE-5'' on your attached
document.
2. Mail: Council of Inspectors General on Integrity and Efficiency,
1717 H Street NW, Suite 825, Washington, DC 20006. ATTN: Virginia
Grebasch/CIGIE-5, Notice of New System of Records.
3. Email: [email protected].
FOR FURTHER INFORMATION CONTACT: Virginia Grebasch, Senior Counsel,
Pandemic Response Accountability Committee, Council of the Inspectors
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General on Integrity and Efficiency, (202) 292-2600 or
[email protected].
SUPPLEMENTARY INFORMATION: In 2008, Congress established CIGIE as an
independent entity within the executive branch in order to address
integrity, economy, and effectiveness issues that transcend individual
Government agencies; and increase the professionalism and effectiveness
of personnel by developing policies, standards, and approaches to aid
in the establishment of a well-trained and highly skilled workforce in
the offices of the Inspector General. CIGIE's membership is comprised
of all Inspectors General whose offices are established under the
Inspector General Act of 1978, as amended, 5 U.S.C. app (IG Act), as
well as the Controller of the Office of Federal Financial Management, a
designated official of the Federal Bureau of Investigation (FBI), the
Director of the Office of Government Ethics, the Special Counsel of the
Office of Special Counsel, the Deputy Director of the Office of
Personnel Management, the Deputy Director for Management of the Office
of Management and Budget (OMB), and the Inspectors General of the
Office of the Director of National Intelligence, Central Intelligence
Agency, Library of Congress, Capitol Police, Government Publishing
Office, Government Accountability Office, and the Architect of the
Capitol. The Deputy Director for Management of OMB serves as the
Executive Chairperson of CIGIE.
Section 15010 of Public Law 116-136, established the PRAC as a
committee within CIGIE. The mission of the PRAC is to promote
transparency and conduct and support oversight to: (1) Prevent and
detect fraud, waste, abuse, and mismanagement of covered funds; and (2)
mitigate major risks that cut across programs and agencies with respect
to covered funds. The term ``covered funds'' means any funds, including
but not limited to loans, that are made available in any form to any
non-Federal entity, not including an individual, under: The CARES Act;
the Coronavirus Preparedness and Response Supplemental Appropriations
Act of 2020; the Families First Coronavirus Response Act; or any other
act primarily making appropriations for the Federal Government's
Coronavirus response and related activities.
The new system of records described in this notice, the PRAC Data
Warehouse System (CIGIE-5), will enable CIGIE to carry out its
responsibilities to promote transparency and conduct oversight of
covered funds. In accordance with 5 U.S.C. 552a(r), CIGIE has provided
a report of this new system of records to OMB and to Congress. The new
system of records reads as follows:
SYSTEM NAME AND NUMBER:
PRAC Data Warehouse System (PDWS)--CIGIE-5.
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
The location of paper records contained within the PDWS is the
headquarters of the Council of the Inspectors General on Integrity and
Efficiency (CIGIE), 1717 H Street NW, Suite 825, Washington, DC 20006.
Records maintained in electronic form are principally located in
contractor-hosted data centers in the United States. Contact the System
Manager identified below for additional information.
SYSTEM MANAGER(S):
Executive Director, Pandemic Response Accountability Committee,
Council of the Inspectors General on Integrity and Efficiency, 1717 H
Street NW, Suite 825, Washington, DC 20006, (202) 292-2600,
[email protected].
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
Section 11 of the Inspector General Act of 1978, as amended, 5
U.S.C. app (IG Act); 5 U.S.C. 301; 44 U.S.C. 3101; Public Law 116-136;
Public Law 116-123; and Public Law 116-127.
PURPOSE(S) OF THE SYSTEM:
To carry out the PRAC's responsibilities to promote transparency
and conduct oversight of any funds, including but not limited to loans,
that are made available in any form to any non-Federal entity, not
including an individual, under: Public Law 116-136; Public Law 116-123;
and Public Law 116-127; or any other act primarily making
appropriations for Coronavirus response and related activities
(Coronavirus Funds). The term ``Coronavirus response'' means the
Federal Government's response to the nationwide public health emergency
declared by the Secretary of Health and Human Services, retroactive to
January 27, 2020, pursuant to 42 U.S.C. 247d as a result of confirmed
cases of the novel Coronavirus, COVID-19, in the United States
(Coronavirus Response).
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
This system contains records on individuals acting in a personal
capacity who relate to PRAC efforts undertaken in support of its
mission to promote transparency and conduct and support oversight of
Coronavirus Funds and the Coronavirus Response to prevent and detect
fraud, waste, abuse, and mismanagement and mitigate major risks that
cut across programs and agencies. Individuals include but are not
limited to those who have applied for, sought, or received Federal
funds. These records are comingled with information concerning
individuals in their entrepreneurial/sole-proprietor capacity; however,
this information is not subject to the Privacy Act.
CATEGORIES OF RECORDS IN THE SYSTEM:
The system maintains records that contribute to the transparency of
Coronavirus Funds and the Coronavirus Response and effective oversight
of fraud, waste, abuse, and mismanagement and mitigation of major risks
that cut across programs and agencies related to Coronavirus Funds and
the Coronavirus Response. These records may include, but are not
limited to, records concerning: Coronavirus Funds and other Federal
funding; the Coronavirus Response; individuals in their personal
capacity or individuals who are employees or representatives of
businesses, corporations, tribal governments, not-for-profit
organizations, or other organizations that have applied for, sought, or
received Coronavirus Funds or have been involved in any capacity in the
Coronavirus Response. Such records may include, but are not limited to
these individuals' home addresses, telephone numbers, social security
numbers or tax identifications numbers, company business addresses,
business financial information and records, bank account information,
payroll records, personal contact information, business affiliations,
and employment history.
RECORD SOURCE CATEGORIES:
Publicly and/or commercially available data sets and other source
material; Federal agencies; and individuals and entities, including
states and local jurisdictions, tribal governments, businesses,
corporations, and other organizations, that have applied for, sought,
or received Coronavirus Funds or other Federal funds or have been
involved in any capacity in the Coronavirus Response.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND PURPOSES OF SUCH USES:
In addition to those disclosures generally permitted under 5 U.S.C.
552a(b), all or portions of the records or information contained in
this system may specifically be disclosed outside of CIGIE as a routine
use pursuant to 5 U.S.C. 552a(b)(3) as follows:
[[Page 7282]]
A. To a Member of Congress in response to an inquiry from that
Member made at the request of the individual. In such cases, however,
the Member's right to a record is no greater than that of the
individual.
B. If the disclosure of certain records to the Department of
Justice (DOJ) is relevant and necessary to litigation, CIGIE may
disclose those records to the DOJ. CIGIE may make such a disclosure if
one of the following parties is involved in the litigation or has an
interest in the litigation:
1. CIGIE or any component thereof; or
2. Any employee or former employee of CIGIE in his or her official
capacity; or
3. Any employee or former employee of CIGIE in his or her
individual capacity when the DOJ has agreed to represent the employee;
or
4. The United States, if CIGIE determines that litigation is likely
to affect CIGIE or any of its components.
C. If disclosure of certain records to a court, adjudicative body
before which CIGIE is authorized to appear, individual or entity
designated by CIGIE or otherwise empowered to resolve disputes, counsel
or other representative, party, or potential witness is relevant and
necessary to litigation, CIGIE may disclose those records to the court,
adjudicative body, individual or entity, counsel or other
representative, party, or potential witness. CIGIE may make such a
disclosure if one of the following parties is involved in the
litigation or has an interest in the litigation:
1. CIGIE or any component thereof; or
2. Any employee or former employee of CIGIE in his or her official
capacity; or
3. Any employee or former employee of CIGIE in his or her
individual capacity when the DOJ has agreed to represent the employee;
or
4. The United States, if CIGIE determines that litigation is likely
to affect CIGIE or any of its components.
D. To the appropriate Federal, state, local, tribal, or foreign
agency responsible for investigating, prosecuting, enforcing, or
implementing a statute, rule, regulation, or order, if the information
is relevant to a violation or potential violation of civil or criminal
law or regulation within the jurisdiction of the receiving entity.
E. To officials and employees of any Federal agency to the extent
the record contains information that is relevant to that agency's
decision concerning the hiring, appointment, or retention of an
employee; issuance of a security clearance; execution of a security or
suitability investigation; or classification of a job.
F. To the National Archives and Records Administration (NARA)
pursuant to records management inspections being conducted under the
authority of 44 U.S.C. 2904 and 2906.
G. To contractors, grantees, consultants, volunteers, or other
individuals performing or working on a contract, interagency agreement,
service, grant, cooperative agreement, job, or other activity for CIGIE
and who have a need to access the information in the performance of
their duties or activities for CIGIE.
H. To appropriate agencies, entities, and persons when: CIGIE
suspects or has confirmed that there has been a breach of the system of
records; CIGIE has determined that as a result of the suspected or
confirmed breach there is a risk of harm to individuals, CIGIE
(including its information systems, programs, and operations), the
Federal Government, or national security; and the disclosure made to
such agencies, entities, and persons is reasonably necessary to assist
in connection with CIGIE's efforts to respond to the suspected or
confirmed breach or to prevent, minimize, or remedy such harm.
I. To another Federal agency or Federal entity, when: CIGIE
determines that information from this system of records is reasonably
necessary to assist the recipient agency or entity in responding to a
suspected or confirmed breach; or 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.
J. To Federal agencies and independent certified public accounting
firms that have a need for the information in order to audit the
financial statements of CIGIE.
K. To an organization or an individual in the public or private
sector if there is reason to believe the recipient is or could become
the target of a particular criminal activity or conspiracy, or to the
extent the information is relevant to the protection or life or
property.
L. To officials of CIGIE, as well as CIGIE members and their
employees, who have need of the information in the performance of their
duties.
M. To the Office of Personnel Management (OPM) in accordance with
OPM's responsibility for evaluation and oversight of Federal personnel
management.
N. To appropriate agencies, entities, and persons, to the extent
necessary to respond to or refer correspondence.
O. To the news media and the public, unless it is determined that
release of the specific information would constitute an unwarranted
invasion of personal privacy.
P. To populate public-facing government websites to promote
transparency of Coronavirus Funds and the Coronavirus Response, unless
it is determined that release of the specific information would
constitute an unwarranted invasion of personal privacy.
POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
Information within this system of records is maintained in paper/or
electronic form.
POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
These records are retrieved by the name or other programmatic
identifier assigned to the individuals on whom they are maintained.
POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
The information is retained and disposed of in accordance with the
General Records Schedule and/or the CIGIE records schedule applicable
to the record and/or otherwise required by the Federal Records Act and
implementing regulations.
ADMINISTRATIVE, TECHNICAL AND PHYSICAL SAFEGUARDS:
Paper 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.
RECORD ACCESS PROCEDURES:
Individuals seeking notification and access to any record contained
in this system of records, or seeking to contest its content, may
inquire in writing to the System Manager listed above. CIGIE has
published a rule, entitled ``Privacy Act Regulations,'' to establish
its procedures relating to access, maintenance, disclosure and
amendment of records which are in a CIGIE system of records per the
Privacy Act, promulgated at 5 CFR part 9801 (https://www.ecfr.gov/cgi-bin/text-idx?SID=c3344b4e456f682fe915c0e982f8ce94&mc=true&tpl=/ecfrbrowse/Title05/5cfr9801_main_02.tpl).
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CONTESTING RECORD PROCEDURES:
See ``Records Access Procedures'' above.
NOTIFICATION PROCEDURES:
See ``Records Access Procedures'' above.
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
None.
HISTORY:
N/A.
Dated: January 15, 2021.
Allison C. Lerner,
Chairperson of the Council of the Inspectors General on Integrity and
Efficiency.
[FR Doc. 2021-01429 Filed 1-26-21; 8:45 am]
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