Privacy Act of 1974; System of Records, 26704-26706 [2021-10376]

Agencies

• Council of the Inspectors General on Integrity and Efficiency

[Federal Register Volume 86, Number 93 (Monday, May 17, 2021)]
[Notices]
[Pages 26704-26706]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-10376]


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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 
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; divisions M and N of the 
Consolidated Appropriations Act of 2021; and any other act primarily 
making appropriations for Coronavirus response and related activities.

DATES: This proposal will be effective without further notice on June 
16, 2021 unless comments are received that would result in a contrary 
determination.

ADDRESSES: Submit comments identified by ``CIGIE-6'' by any of the 
following methods:
    1. Mail: Council of Inspectors General on Integrity and Efficiency, 
1717 H Street NW, Suite 825, Washington, DC, 20006. ATTN: Virginia 
Grebasch/CIGIE-6, Notice of New System of Records.
    2. Email: [email protected].

FOR FURTHER INFORMATION CONTACT: Virginia Grebasch, Senior Counsel, 
Pandemic Response Accountability Committee, Council of the Inspectors 
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; divisions M 
and N of the Consolidated Appropriations Act of 2021; 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 
Accountability Data System (CIGIE-6), will enable CIGIE to carry out 
its responsibilities to conduct oversight of covered funds and the 
Coronavirus response. 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 Accountability Data System (PADS)--CIGIE-6.

SECURITY CLASSIFICATION:
    Controlled Unclassified Information.

SYSTEM LOCATION:
    The location of paper records contained within the PADS 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; Public Law 116-127; and any other act primarily 
making appropriations for Coronavirus response and related activities.

PURPOSE(S) OF THE SYSTEM:
    To carry out the PRAC's responsibilities to 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; Public Law 116-127; or 
any other act primarily making appropriations for Coronavirus response 
and related

[[Page 26705]]

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 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. In addition, these 
individuals include:
    (a) Individuals who are or have been the subject of investigations 
or other inquiries identified by or submitted to the PRAC;
    (b) Individuals who are or have been witnesses, complainants, or 
informants in investigations or other inquiries identified by or 
submitted to the PRAC;
    (c) Individuals who are or have been potential subjects or parties 
to an investigation or other inquiry identified by or submitted to the 
PRAC;
    (d) Individuals who are or have been related to entities or 
individuals that are or have been a subject of, potential subject of, 
or party to an investigation or other inquiry identified by or 
submitted to the PRAC;
    (e)Individuals who have or have had increased risk factors 
indicating they may have been involved with possible fraud, waste, 
abuse, mismanagement, or improper payments related to Federal funds; 
and
    (f) Individuals who are or have been related to entities or 
individuals that have or have had increased risk factors indicating 
they may have been involved with possible fraud, waste, abuse, 
mismanagement, or improper payments related to Federal funds.

CATEGORIES OF RECORDS IN THE SYSTEM:
    The system maintains records that contribute to the oversight 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. The records may further include:
    (a) Letters, memoranda, and other documents describing complaints, 
derogatory information, or alleged criminal, civil, or administrative 
misconduct; and
    (b) General intelligence and relevant data, leads for the PRAC or 
Offices of Inspector General (or other applicable oversight and law 
enforcement entities), reports of investigations and related exhibits, 
statements and affidavits, and records obtained or generated during an 
investigation or other inquiry, including but not limited to risk-based 
analytical research.

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. The subjects of 
investigations and other inquiries; individuals and entities with which 
the subjects of investigations and other inquiries are associated; 
Federal, state, local, and foreign law enforcement and non-law 
enforcement agencies and entities; private citizens; witnesses; and 
informants.

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:
    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

[[Page 26706]]

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 and oversight 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.
    Q. Disclosure may be made to (a) complainants and/or victims to the 
extent necessary to provide such persons with information and 
explanations concerning the results of the investigation or other 
inquiry arising from the matters about which they complained and/or 
with respect to which they were a victim, and (b) to an individual who 
has been interviewed or contacted by the PRAC pursuant to an 
investigation or other inquiry, to the extent that the PRAC may provide 
copies of that individual's statements, testimony, or records produced.

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:
    Part of this system is exempt from notification and access 
requirements pursuant to 5 U.S.C. 552a(j)(2), (k)(1), and (k)(2). To 
the extent that this system is not subject to exemption, it is subject 
to notification and access requirements. 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).

CONTESTING RECORD PROCEDURES:
    See ``Records Access Procedures'' above.

NOTIFICATION PROCEDURES:
    See ``Records Access Procedures'' above.

EXEMPTIONS PROMULGATED FOR THE SYSTEM:
    CIGIE has exempted this system of records from the following 
provisions of the Privacy Act pursuant to the general authority in 5 
U.S.C. 552a(j)(2): 5 U.S.C. 552a(c)(3) and (c)(4); (d); (e)(1), (e)(2), 
(e)(3), (e)(4)(G)-(H), (e)(5), and (e)(8); (f); and (g). Additionally, 
CIGIE has exempted this system from the following provisions of the 
Privacy Act pursuant to the general authority in 5 U.S.C. 552a(k)(1) 
and (k)(2): 5 U.S.C. 552a(c)(3); (d); (e)(1) and (e)(4)(G)-(H); and 
(f). See 5 CFR part 9801.

HISTORY:
    N/A.

    Dated: May 12, 2021
Allison C. Lerner,
Chairperson of the Council of the Inspectors General on Integrity and 
Efficiency.
[FR Doc. 2021-10376 Filed 5-13-21; 4:15 pm]
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