Privacy Act of 1974; System of Records, 30040-30045 [2021-11756]
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Federal Register / Vol. 86, No. 106 / Friday, June 4, 2021 / Notices
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Dated: May 28, 2021.
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[FR Doc. 2021–11736 Filed 6–3–21; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
[FR Doc. 2021–11748 Filed 6–3–21; 8:45 am]
[FRL: 10023–03–OMS]
BILLING CODE 6717–01–P
Privacy Act of 1974; System of
Records
ENVIRONMENTAL PROTECTION
AGENCY
Office of Mission Support,
Environmental Protection Agency.
ACTION: Notice of a modified system of
records.
AGENCY:
[ER–FRL–9056–8]
Environmental Impact Statements;
Notice of Availability
Responsible Agency: Office of Federal
Activities, General Information 202–
564–5632 or https://www.epa.gov/nepa.
Weekly receipt of Environmental Impact
Statements (EIS)
Filed May 24, 2021 10 a.m. EST
Through May 28, 2021 10 a.m. EST
Pursuant to 40 CFR 1506.9.
Notice
Section 309(a) of the Clean Air Act
requires that EPA make public its
comments on EISs issued by other
Federal agencies. EPA’s comment letters
on EISs are available at: https://
cdxnodengn.epa.gov/cdx-enepa-public/
action/eis/search.
EIS No. 20210061, Final, USFS, CA,
Stanislaus National Forest Over-Snow
Vehicle (OSV) Use Designation,
Review Period Ends: 07/06/2021,
Contact: Kathryn Wilkinson 248–672–
0518.
EIS No. 20210062, Final, TREAS, MD,
Construction and Operation of a
Currency Production Facility within
the National Capital Region, Review
Period Ends: 07/06/2021, Contact:
Charles Davis 202–874–3259.
EIS No. 20210063, Draft Supplement,
USACE, CA, American River
Watershed Common Features Water
Resources Development Act of 2016,
American River Contract 2, Comment
Period Ends: 07/19/2021, Contact:
Public Affairs Office 916–557–5101.
EIS No. 20210064, Draft, GSA, MD, U.S.
Food and Drug Administration
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The U.S. Environmental
Protection Agency’s Office of Mission
Support is giving notice that it proposes
to modify a system of records pursuant
to the provisions of the Privacy Act of
1974. The Office of Mission Support is
modernizing the Debarment and
Suspension Files system of records by
implementing an electronic case
management system: Case Application
for Debarment and Suspension. Case
Application for Debarment and
Suspension is an electronic records
management system that supports the
Environmental Protection Agency in
assembling information in order to
conduct and document discretionary
suspension and debarment proceedings
under the Federal Acquisition
Regulation or the Non procurement
Common Rule (2 CFR part 180), as well
as to carry out the Environmental
Protection Agency’s obligations to
process statutory exclusions under
Clean Air Act section 306 and Clean
Water Act section 508. The Office of
Mission Support is accordingly
modifying its system of records notice
EPA–33 in several respects. All other
exemptions and provisions included in
the previously published system of
records notice for Debarment and
Suspension Files will transfer to the
modified system of records notice for
Case Application for Debarment and
Suspension.
SUMMARY:
Persons wishing to comment on
this system of records notice must do so
by July 6, 2021. New or modified
DATES:
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routine uses for this modified system of
records will be effective July 6, 2021.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–HQ–
OMS–2020–0281, by one of the
following methods:
Regulations.gov: https://
www.regulations.gov. Follow the online
instructions for submitting comments.
Email: docket_oms@epa.gov. Include
the Docket ID number in the subject line
of the message.
Fax: 202–566–1752.
Mail: OMS Docket, Environmental
Protection Agency, Mail Code: 2822T,
1200 Pennsylvania Ave. NW,
Washington, DC 20460.
Hand Delivery: OMS Docket, EPA/DC,
WJC West Building, Room 3334, 1301
Constitution Ave. NW, Washington, DC
20460. 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–OMS–2020–
0281. The Environmental Protection
Agency’s (EPA) policy is that all
comments received will be included in
the public docket without change and
may be made available online at https://
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 https://
www.regulations.gov. The https://
www.regulations.gov website is an
‘‘anonymous access’’ system for EPA,
which means the EPA will not know
your identity or contact information. If
you submit an electronic comment, the
EPA recommends that you include your
name and other contact information in
the body of your comment. 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. If
you send an email comment directly to
the EPA without going through https://
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.
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 public docket, visit the
EPA Docket Center homepage at https://
www.epa.gov/dockets.
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Docket: All documents in the docket
are listed in the https://
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 https://
www.regulations.gov or in hard copy at
the OMS Docket, EPA/DC, WJC West
Building, Room 3334, 1301 Constitution
Ave. NW, Washington, DC 20460. The
Public Reading Room is normally 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 OMS
Docket is (202) 566–1752.
Temporary Hours During COVID–19
Out of an abundance of caution for
members of the public and our staff, the
EPA Docket Center and Reading Room
are closed to the public, with limited
exceptions, to reduce the risk of
transmitting COVID–19. Our Docket
Center staff will continue to provide
remote customer service via email,
phone, and webform. We encourage the
public to submit comments via https://
www.regulations.gov/ or email, as there
may be a delay in processing mail and
faxes. Hand deliveries and couriers may
be received by scheduled appointment
only. For further information on EPA
Docket Center services and the current
status, please visit us online at https://
www.epa.gov/dockets.
FOR FURTHER INFORMATION CONTACT:
Marcella James, Office of Grants and
Debarment, Office of Mission Support,
Environmental Protection Agency,
Ronald Reagan Building, Mail Code
3901R, 1300 Pennsylvania Avenue NW,
Washington, DC 20460; telephone
number, (202) 564–2572; email address,
James.Marcella@epa.gov.
SUPPLEMENTARY INFORMATION: The Office
of Mission Support is transitioning from
a paper filing system under the
Debarment and Suspension Files system
of records to a new electronic case
management system, Case Application
for Debarment and Suspension (CADS).
The EPA is accordingly modifying its
system of records notice (SORN) EPA–
33 in several respects.
First, the Office of Mission Support is
updating the system name to Case
Application for Debarment and
Suspension (CADS).
Second, because all records in CADS
are electronic instead of in paper form,
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the system location is modified to the
physical location of the CADS computer
storage devices in the EPA National
Computer Center (NCC).
Third, the Office of Mission Support
processes suspension and debarment
case actions under the Federal
Acquisition Regulation (FAR) Subpart
9.4 (procurement regulations) and 2 CFR
part 180 and part 1532 (nonprocurement
regulations). The Office of Mission
Support also processes statutory
exclusions under Clean Air Act section
306 and Clean Water Act section 508
and 2 CFR part 1532, subpart J. EPA–33
already includes individuals subject to
suspension and debarment case actions
under the procurement and
nonprocurement regulations, but does
not include statutory exclusions under
Clean Air Act section 306 and Clean
Water Act section 508. The Office of
Mission Support is therefore modifying
EPA–33 to include individuals subject
to a statutory exclusion under the Clean
Air Act or Clean Water Act as categories
of individuals covered by the system,
and to include statutory exclusion
records as categories of records in the
system and record source categories.
Fourth, the Office of Mission Support
is also updating the routine uses of
records maintained in EPA–33. The
Office of Mission Support is modifying
routine uses 1–5 as follows:
• For routine use 1, updating the
exclusion database name to the System
for Award Management (SAM) to reflect
changes made by the General Services
Administration (GSA) to the name of the
exclusion list, and updating the
nonprocurement regulation citation so
that it is accurate.
• For routine use 2, adding statutory
exclusions as a type of suspension and
debarment proceeding, and renumbering routine use 2 to routine use
3.
• For routine use 3, adding
procurement transactions to the type of
transactions relevant for an individual’s
eligibility determination, updating the
nonprocurement regulation citation to 2
CFR part 180 and part 1532 because the
EPA definition of covered transaction
was moved from 40 CFR 32.200, and renumbering routine use 3 to routine use
6.
• For routine use 4, re-numbering to
routine use 7.
• For routine use 5, removing the
disclosure of settlement agreements
from the routine use because settlement
agreements are now uploaded to the
Federal Awardee Performance and
Integrity Information System (FAPIIS) as
discussed in new routine use 2, and renumbering to routine use 8.
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The general routine uses A, B, C, D,
E, F, G, H, I, and K continue to apply
to the system. The Office of Mission
Support is adding new general routine
uses L and M and the following new
routine uses:
• A new routine use ‘‘2’’ for
disclosing records to GSA in accordance
with Section 872 of The Duncan Hunter
National Defense Authorization Act of
2009 (Pub. L. 110–417) which requires
the public disclosure of suspension and
debarment administrative agreements in
FAPIIS.
• A new routine use ‘‘4’’ for
disclosing records to individual
respondents and related respondents or
the authorized representatives of related
respondents. A respondent is a person
against whom a suspension or
debarment action has been initiated or
may be initiated. The Office of Mission
Support is adding a new routine use 4
to disclose records to any individual
who is the subject of a suspension or
debarment case action as an actual or
potential respondent in a suspension
and debarment matter. This routine use
addresses situations where the Office of
Mission Support discloses to a
respondent his or her own records in a
suspension and debarment matter. The
new routine use 4 is also adding the
disclosure of records to related
respondents and authorized
representatives of related respondents.
This routine use addresses situations
where the Office of Mission Support
initiates a case action where individuals
or other persons are involved in the
same misconduct that is the action basis
for the suspension or debarment matter
and the records are disclosed to all the
respondents in order to give them notice
and an opportunity to respond to the
suspension or debarment action. The
Office of Mission Support proposes to
disclose records to related respondents
or their authorized representatives only
when by careful review the Agency
determines that the records are both
relevant and necessary to the related
respondent’s suspension or debarment
proceeding.
• A new routine use ‘‘5’’ for
disclosing records to other federal
agencies coordinating with the EPA in
suspension and debarment case actions.
The Office of Mission Support
participates in a government-wide
system for debarment and suspension
from programs and activities involving
federal financial and nonfinancial
assistance and benefits. Because
suspension and debarment actions have
governmentwide effect, the Office of
Mission Support engages in a lead
agency coordination process when using
a suspension or debarment remedy.
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Fifth, the Office of Mission Support is
modifying the policies and practices for
storage, retrieval, and retention and
disposal of records to describe those
that apply to the use of electronic
records in the new CADS system.
Sixth, the Office of Mission Support
is modifying the administrative,
technical, and physical safeguards to
describe those that apply to the
management of electronic records in the
new CADS system.
Lastly, the Office of Mission Support
is adding authorities for the
maintenance of the system to include
those relevant to electronic
recordkeeping and to add relevant
suspension and debarment regulations.
All other elements of EPA–33 will
transfer to the modified system of
records notice for Case Application for
Debarment and Suspension. The system
continues to be maintained by the Office
of Mission Support, previously known
as the Office of Administration and
Resource Management.
SYSTEM NAME AND NUMBER:
Case Application for Debarment and
Suspension, EPA–33
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
National Computer Center (NCC), 109
TW Alexander Drive, Research Triangle
Park, Durham, NC 27711.
SYSTEM MANAGER(S):
Michael Osinski, Director, Office of
Grants and Debarment, Office of
Mission Support, Environmental
Protection Agency, Ronald Reagan
Building, Mailcode 3901R, 1300
Pennsylvania Avenue NW, Washington,
DC 20460; telephone number, (202)
564–3792; email address,
Osinski.Michael@epa.gov.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
Government Paperwork Elimination
Act (Pub. L. 105–277, 44 U.S.C. 3504);
33 U.S.C. 1368; 42 U.S.C. 7606;
Executive Order 11738, Providing for
administration of the Clean Air Act and
the Federal Water Pollution Control Act
with respect to Federal contracts, grants,
or loans (38 FR 25161, 3 CFR, 1971–
1975 Comp., p. 799); Executive Order
12549, Debarment and Suspension (51
FR 6370, 3 CFR, 1986 Comp., p. 189);
Executive Order 12689 (54 FR 34131, 3
CFR, 1989 Comp., p. 235); the Federal
Acquisition Streamlining Act of 1994,
Public Law 103–355, 31 U.S.C. 6101
note; 2 CFR part 180—the Office of
Management and Budget Guidelines to
Agencies on Governmentwide
Debarment and Suspension
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(Nonprocurement); 2 CFR part 1532—
Nonprocurement Debarment and
Suspension; and the Federal
Acquisition Regulation, 48 CFR subpart
9.4—Debarment, Suspension, and
Ineligibility.
PURPOSE(S) OF THE SYSTEM:
The purpose of CADS is to assist the
Office of Mission Support in processing,
investigating, and maintaining records
relevant to suspension and debarment
case actions. The Office of Mission
Support utilizes suspension and
debarment as an administrative tool to
address waste, fraud, abuse, poor
performance, environmental
noncompliance or other misconduct by
excluding individuals from
participating in federal procurement or
nonprocurement programs. The Office
of Mission Support is also responsible
for implementing a statutory debarment
authority that arises by operation of law
under the Clean Air Act section 306 or
Clean Water Act section 508. This
statutory debarment authority prohibits
the Federal Government from entering
into contracts or nonprocurement
transactions at violating facilities unless
and until the EPA Suspension and
Debarment Official can certify that the
conditions that gave rise to the Clean
Air Act or Clean Water Act conviction
have been corrected. This system of
records also assists the Office of Mission
Support in assembling information in
order to conduct and document
suspension and debarment proceedings;
to ensure that federal contracts and
federal assistance, loans, and benefits
are awarded to responsible business
entities and individuals; and to ensure
the government conducts business with
persons at facilities that are in
compliance with the Clean Air Act or
Clean Water Act.
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
(1) Individuals who have been
suspended, proposed for debarment, or
debarred from federal procurement and
assistance programs; (2) Individuals
who have been the subject of agency
inquiries to determine whether they
should be debarred and/or suspended
from federal procurement and assistance
programs; and (3) Individuals who have
been convicted and are subject to an
exclusion by operation of law under
Clean Air Act section 306 or Clean
Water Act section 508.
CATEGORIES OF RECORDS IN THE SYSTEM:
Records include information on
individuals and firms excluded or
considered for exclusion from federal
acquisition or assistance programs as a
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result of suspension or debarment
proceedings initiated by the EPA, or as
a result of a statutory exclusion arising
by operation of law upon conviction
pursuant to Clean Air Act section 306 or
Clean Water Act section 508. Such
information includes, but is not limited
to, names and residential addresses of
individuals; email addresses of
individuals; business addresses
associated with individuals; phone
numbers associated with individuals;
evidence obtained in support of
suspension and debarment case actions;
records submitted by individuals or
other persons (corporations,
partnerships, associations, unit of
governments, or legal entities, however
organized, or their authorized
representative); administrative
agreements; audits of administrative
agreements; and final decisions or
reinstatement determinations. Examples
of records include correspondence,
inspection reports, memoranda of
interviews, contracts, assistance
agreements, indictments, judgment and
conviction orders, plea agreements, and
corporate information. Records such as
court documents or reports from
commercial databases may contain
individuals’ Social Security Numbers
and dates of birth. Computer generated
records include data and reports
regarding categories and status of cases.
RECORD SOURCE CATEGORIES:
EPA and other federal officials, state
and local officials, businesses and other
entities who may have information
relevant to an inquiry, individuals who
have been statutorily excluded,
suspended, proposed for debarment or
debarred, and their authorized
representatives.
ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES OF USERS AND
PURPOSES OF SUCH USES:
The following routine uses apply to
this system because the use of the
record is necessary for the efficient
conduct of government operations. The
routine uses below are both related to
and compatible with the original
purpose for which the information was
collected. The following general routine
uses apply to this system (73 FR 2245):
A. Disclosure for Law Enforcement
Purposes: Information may be disclosed
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.
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B. Disclosure Incident to Requesting
Information: Information may be
disclosed to any source from which
additional information is requested (to
the extent necessary to identify the
individual, inform the source of the
purpose of the request, and to identify
the type of information requested,)
when necessary to obtain information
relevant to an agency decision
concerning retention of an employee or
other personnel action (other than
hiring,) retention of a security clearance,
the letting of a contract, or the issuance
or retention of a grant, or other benefit.
C. Disclosure to Requesting Agency:
Disclosure may be made to a federal,
state, local, foreign, or tribal or other
public authority of the fact that this
system of records contains information
relevant to the retention of an employee,
the retention of a security clearance, the
letting of a contract, or the issuance or
retention of a license, grant, or other
benefit. The other agency or licensing
organization may then make a request
supported by the written consent of the
individual for the entire record if it so
chooses. No disclosure will be made
unless the information has been
determined to be sufficiently reliable to
support a referral to another office
within the agency or to another federal
agency for criminal, civil,
administrative, personnel, or regulatory
action.
D. Disclosure to Office of Management
and Budget: Information may be
disclosed to the Office of Management
and Budget at any stage in the
legislative coordination and clearance
process in connection with private relief
legislation as set forth in OMB Circular
No. A–19.
E. Disclosure to Congressional Offices:
Information may be disclosed to a
congressional office from the record of
an individual in response to an inquiry
from the congressional office made at
the request of the individual.
F. Disclosure to Department of Justice:
Information may be disclosed to the
Department of Justice, or in a
proceeding before a court, adjudicative
body, or other administrative body
before which the Agency is authorized
to appear, when:
1. The Agency, or any component
thereof;
2. Any employee of the Agency in his
or her official capacity;
3. Any employee of the Agency in his
or her individual capacity where the
Department of Justice or the Agency
have agreed to represent the employee;
or
4. The United States, if the Agency
determines that litigation is likely to
affect the Agency or any of its
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components, is a party to litigation or
has an interest in such litigation, and
the use of such records by the
Department of Justice or the Agency is
deemed by the Agency to be relevant
and necessary to the litigation provided,
however, that in each case it has been
determined that the disclosure is
compatible with the purpose for which
the records were collected.
G. Disclosure to the National
Archives: Information may be disclosed
to the National Archives and Records
Administration in records management
inspections.
H. Disclosure to Contractors,
Grantees, and Others: Information may
be disclosed to contractors, grantees,
consultants, or volunteers performing or
working on a contract, service, grant,
cooperative agreement, job, or other
activity for the Agency and who have a
need to have access to the information
in the performance of their duties or
activities for the Agency. When
appropriate, recipients will be required
to comply with the requirements of the
Privacy Act of 1974 as provided in 5
U.S.C. 552a(m).
I. Disclosures for Administrative
Claims, Complaints and Appeals:
Information from this system of records
may be disclosed to an authorized
appeal grievance examiner, formal
complaints examiner, equal
employment opportunity investigator,
arbitrator or other person properly
engaged in investigation or settlement of
an administrative grievance, complaint,
claim, or appeal filed by an employee,
but only to the extent that the
information is relevant and necessary to
the proceeding. Agencies that may
obtain information under this routine
use include, but are not limited to, the
Office of Personnel Management, Office
of Special Counsel, Merit Systems
Protection Board, Federal Labor
Relations Authority, Equal Employment
Opportunity Commission, and Office of
Government Ethics.
K. Disclosure in Connection With
Litigation: Information from this system
of records may be disclosed in
connection with litigation or settlement
discussions regarding claims by or
against the Agency, including public
filing with a court, to the extent that
disclosure of the information is relevant
and necessary to the litigation or
discussions and except where court
orders are otherwise required under
section (b)(11) of the Privacy Act of
1974, 5 U.S.C. 552a(b)(11).
The two routine uses below (L and M)
are required by OMB Memorandum M–
17–12:
L. Disclosure to Persons or Entities in
Response to an Actual or Suspected
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Breach of Personally Identifiable
Information: 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.
M. Disclosure to Assist Another
Agency in Its Efforts to Respond to a
Breach of Personally Identifiable
Information: 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.
Records may also be disclosed:
1. Disclosure to the System for Award
Management: To the General Services
Administration (GSA) to compile and
maintain the System for Award
Management (SAM) Exclusions list in
accordance with FAR 9.404 and 2 CFR
180.500 and 180.505.
2. Disclosure to the Federal Awardee
Performance and Integrity Information
System: To the GSA for the Federal
Awardee Performance and Integrity
Information System (FAPIIS), which
publicly discloses administrative
agreements as required by Section 872
of The Duncan Hunter National Defense
Authorization Act of 2009 (Pub. L. 110–
417).
3. Disclosure to the Individual
Respondent: To the individual person
statutorily excluded, suspended,
proposed for debarment, or debarred in
EPA proceedings; to the individual
person who has been the subject of
agency inquiries to determine whether
the individual person should be
debarred and/or suspended from federal
procurement and assistance programs;
and to the authorized representatives of
the individual person statutorily
excluded, suspended, proposed for
debarment or debarred in EPA
proceedings.
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4. Disclosure to Other Respondents:
To persons (any individual, corporation,
partnership, association, unit of
government, or legal entity, however
organized) who have been suspended,
proposed for debarment, or debarred
from federal procurement and assistance
programs; persons who have been the
subject of agency inquiries to determine
whether they should be debarred and/or
suspended from federal procurement
and assistance programs; and to the
authorized representatives of the
persons in a suspension or debarment
proceeding, when by careful review the
Agency determines that the records are
both relevant and necessary to the
persons’ suspension or debarment
proceedings.
5. Disclosure to Coordinating Federal
Agencies: To a federal agency
coordinating with the EPA for an EPA
suspension or debarment proceeding or
having a suspension or debarment
action involving the same person.
6. Disclosure for Eligibility
Determinations: To a federal, state, or
local agency, financial institution, or
other entity to verify an individual’s
eligibility for engaging in federal
procurement transactions or covered
transactions as defined in FAR Subpart
9.4 and 2 CFR part 180.
7. Disclosure to Requesting Agencies
for Particular Purposes: To federal,
state, or local agencies, in response to
requests or subpoenas, or otherwise, for
the purpose(s) of: (a) Assisting them in
administering federal acquisition,
assistance, loan and benefit programs or
regulatory programs, (b) assisting them
in discharging their duties to ensure that
federal contracts and assistance, loans,
and benefit programs are awarded to
responsible individuals and
organizations, and (c) ensuring that
federal, state or local regulatory
responsibilities are met.
8. Disclosure of Final Decisions: To
the public, upon request, and to
publishers of computerized legal
research systems, but such disclosures
shall be limited to interim or final
decisions.
POLICIES AND PRACTICES FOR STORAGE OF
RECORDS:
The information collected within
CADS is maintained and stored on
computer storage devices physically
located at NCC. These records are
maintained electronically on computer
storage devices such as computer tapes
and disks. Backups will be maintained
at a disaster recovery site. Computer
records are maintained in a secure
password protected environment.
Access to computer records is limited to
those who have a need to know.
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Permission level assignments will allow
users access only to those functions for
which they are authorized. All records
are maintained in secure, accesscontrolled areas or buildings.
POLICIES AND PRACTICES FOR RETRIEVAL OF
RECORDS:
Records are retrieved by business or
organization name, by an individual’s
first or last name, by case number, or by
file name.
POLICIES AND PRACTICES FOR RETENTION AND
DISPOSAL OF RECORDS:
Records are retained in accordance
with the EPA’s Records Schedules
1016(c) and 0090(d) and disposed of
under National Archives and Records
Administration (NARA) disposal
authority DAA–0412–2013–0015–0003.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL
SAFEGUARDS:
Security controls used to protect
personal sensitive data in CADS are
commensurate with those required for
an information system rated
MODERATE for confidentiality,
integrity, and availability, as prescribed
in National Institute of Standards and
Technology (NIST) Special Publication,
800–53, ‘‘Security and Privacy Controls
for Federal Information Systems and
Organizations,’’ Revision 5.
1. Administrative Safeguards:
Personnel are instructed to lock their
computer when they leave their desks.
Personnel receive annual Information
Security and Privacy Awareness
training and are regularly reminded
about appropriate personally
identifiable information handling
procedures. In addition to the Agency’s
Rules of Behavior and Privacy Act
training that personnel undergo, CADS
users are required to sign a Rules of
Behavior document and a Request for
Remote Access and Use of Sensitive
Personally Identifiable Information
document before they are granted access
to CADS.
2. Technical Safeguards: Access to
CADS is strictly controlled and is
limited to those with an operational
need to access the information. Access
is granted and managed by CADS
Administrators. Access to the EPA
Virtual Private Network requires twofactor authentication accomplished by
using Personal Identity Verification
(PIV) cards that are issued to all
personnel based on the requirements of
Homeland Security Presidential
Directive 12 (HSPD 12). Access to CADS
is restricted to users on the EPA Virtual
Private Network who have been granted
permission by a CADS administrator to
have access to CADS. CADS access is
username and password protected.
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3. Physical Safeguards: EPA
employees and contractors involved in
the management, design, development,
implementation and execution of CADS
will have monitored access to CADS.
Only individuals who have the proper
authorization and who perform
functions related to CADS are allowed
to access any information. Entry to the
EPA facility and within the facility to
specific spaces at the NCC is achieved
using HSPD–12 PIV cards on door
readers. PIV cards are only issued to
personnel who have met EPA’s initial
security screening requirements.
Security Guards at all entrances confirm
that the PIV card is valid, unexpired and
reflects the identity of the card holder.
Entry to the server rooms is only
available to personnel using their PIV
cards on door readers, where those
personnel have been approved for
elevated access (meaning they have
undergone a more rigorous security
screening). The NCC maintains an
Access Control List to ensure access to
server rooms is limited to approved
personnel only.
RECORD ACCESS PROCEDURES:
Individuals seeking access to
information in this system of records
about themselves are required to
provide adequate identification (e.g.,
driver’s license, military identification
card, employee badge or identification
card). Additional identity verification
procedures may be required, as
warranted. Requests must meet the
requirements of EPA regulations that
implement the Privacy Act of 1974, at
40 CFR part 16.
CONTESTING RECORD PROCEDURES:
Requests for correction or amendment
must identify the record to be changed
and the corrective action sought.
Complete EPA Privacy Act procedures
are described in EPA’s Privacy Act
regulations at 40 CFR part 16.
NOTIFICATION PROCEDURE:
Individuals who want to know
whether this system of records contains
information about them should make a
written request to the EPA, Attn:
Agency Privacy Officer, MC 2831T,
1200 Pennsylvania Ave. NW,
Washington, DC 20460, privacy@
epa.gov.
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
None.
HISTORY:
60 FR 51791 (October 3, 1995)—
Creation of the ‘‘Debarment and
Suspension Files’’ system of records.
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Federal Register / Vol. 86, No. 106 / Friday, June 4, 2021 / Notices
67 FR 8246 (February 22, 2002)—
Republication of Existing System of
Records.
Vaughn Noga,
Senior Agency Official for Privacy.
[FR Doc. 2021–11756 Filed 6–3–21; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
[FRL–10023–06–OMS]
Privacy Act of 1974; System of
Records
Office of Mission Support,
Environmental Protection Agency
(EPA).
ACTION: Notice of a modified system of
records.
AGENCY:
The U.S. Environmental
Protection Agency’s (EPA or Agency),
Office of Mission Support (OMS) is
giving notice that it proposes to modify
a system of records pursuant to the
provisions of the Privacy Act of 1974.
The Integrated Grants Management
System (IGMS) is being modified to
update and modernize the grants
management suite. These updates
include amending the name to
Integrated Grants Management System
(IGMS)/Next Generation Grants System
(NGGS) and informing the public that
the grants management module
originally in IGMS Lotus Notes is now
in NGGS, which is a modern platform
employing Java/Oracle technologies.
IGMS and NGGS are computer systems
that the Agency uses to process grant
applications and issue grants to
recipients. The Agency will also use
IGMS (without NGGS) to process
interagency agreements, which are
assistance agreements between Federal
agencies. This System of Records Notice
(SORN) modification updates all SORN
sections.
DATES: Persons wishing to comment on
this system of records notice must do so
by July 6, 2021. New routine uses for
this modified system of records will be
effective July 6, 2021.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–HQ–
OMS–2020–0257, by one of the
following methods:
Federal eRulemaking Portal: https://
www.regulations.gov. Follow the online
instructions for submitting comments.
Email: docket_oms@epa.gov. Include
the Docket ID number in the subject line
of the message.
Fax: 202–566–1752.
Mail: OMS Docket, Environmental
Protection Agency, Mail Code: 2822T,
SUMMARY:
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1200 Pennsylvania Ave. NW,
Washington, DC 20460.
Hand Delivery: OMS Docket, EPA/DC,
WJC West Building, Room 3334, 1301
Constitution Ave. NW, Washington, DC
20460. 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–OMS–2020–
0257. 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 https://
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 https://
www.regulations.gov. The https://
www.regulations.gov website is an
‘‘anonymous access’’ system for the
EPA, which means the EPA will not
know your identity or contact
information. If you submit an electronic
comment, the EPA recommends that
you include your name and other
contact information in the body of your
comment. 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. If you send an email
comment directly to the EPA without
going through https://
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.
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 public docket, visit the
EPA Docket Center homepage at https://
www.epa.gov/dockets.
Docket: All documents in the docket
are listed in the https://
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 https://
www.regulations.gov or in hard copy at
the OMS Docket, EPA/DC, WJC West
Building, Room 3334, 1301 Constitution
Ave. NW, Washington, DC 20460. The
PO 00000
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30045
Public Reading Room is normally 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 OMS
Docket is (202) 566–1752.
Temporary Hours During COVID–19
Out of an abundance of caution for
members of the public and our staff, the
EPA Docket Center and Reading Room
are closed to the public, with limited
exceptions, to reduce the risk of
transmitting COVID–19. Our Docket
Center staff will continue to provide
remote customer service via email,
phone, and webform. We encourage the
public to submit comments via https://
www.regulations.gov or email, as there
may be a delay in processing mail and
faxes. Hand deliveries and couriers may
be received by scheduled appointment
only. For further information on EPA
Docket Center services and the current
status, please visit us online at https://
www.epa.gov/dockets.
FOR FURTHER INFORMATION CONTACT:
William Etheredge, Office of Mission
Support, Environmental Protection
Agency, Ronald Reagan Building, Mail
Code 3901R, 1200 Pennsylvania Avenue
NW, Washington, DC 20460; email
address, etheredge.william@epa.gov,
telephone (202) 564–5353.
SUPPLEMENTARY INFORMATION: OMS is
modifying the IGMS system of records
to modernize the grants management
suite. These updates include
modernizing the grants module in
NGGS that was originally in IGMS,
while maintaining the interagency
agreements functionality in IGMS. IGMS
and NGGS are computer systems that
the Agency uses to process grant
applications and issue grants to
recipients. As a result, the processing of
grants may involve retrieval of
information from both IGMS and NGGS.
The Agency will use IGMS alone to
process interagency agreements and
thus will only retrieve information from
IGMS for this purpose.
SYSTEM NAME AND NUMBER:
Integrated Grants Management System
(IGMS)/Next Generation Grants System
(NGGS), EPA–53.
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
National Computer Center (NCC), 109
TW Alexander Drive, Research Triangle
Park, Durham, NC 27711.
SYSTEM MANAGER(S):
Michael Osinski, osinski.michael@
epa.gov at 202–564–3792, Director,
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Agencies
[Federal Register Volume 86, Number 106 (Friday, June 4, 2021)]
[Notices]
[Pages 30040-30045]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-11756]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
[FRL: 10023-03-OMS]
Privacy Act of 1974; System of Records
AGENCY: Office of Mission Support, Environmental Protection Agency.
ACTION: Notice of a modified system of records.
-----------------------------------------------------------------------
SUMMARY: The U.S. Environmental Protection Agency's Office of Mission
Support is giving notice that it proposes to modify a system of records
pursuant to the provisions of the Privacy Act of 1974. The Office of
Mission Support is modernizing the Debarment and Suspension Files
system of records by implementing an electronic case management system:
Case Application for Debarment and Suspension. Case Application for
Debarment and Suspension is an electronic records management system
that supports the Environmental Protection Agency in assembling
information in order to conduct and document discretionary suspension
and debarment proceedings under the Federal Acquisition Regulation or
the Non procurement Common Rule (2 CFR part 180), as well as to carry
out the Environmental Protection Agency's obligations to process
statutory exclusions under Clean Air Act section 306 and Clean Water
Act section 508. The Office of Mission Support is accordingly modifying
its system of records notice EPA-33 in several respects. All other
exemptions and provisions included in the previously published system
of records notice for Debarment and Suspension Files will transfer to
the modified system of records notice for Case Application for
Debarment and Suspension.
DATES: Persons wishing to comment on this system of records notice must
do so by July 6, 2021. New or modified routine uses for this modified
system of records will be effective July 6, 2021.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OMS-2020-0281, by one of the following methods:
Regulations.gov: https://www.regulations.gov. Follow the online
instructions for submitting comments.
Email: [email protected]. Include the Docket ID number in the
subject line of the message.
Fax: 202-566-1752.
Mail: OMS Docket, Environmental Protection Agency, Mail Code:
2822T, 1200 Pennsylvania Ave. NW, Washington, DC 20460.
Hand Delivery: OMS Docket, EPA/DC, WJC West Building, Room 3334,
1301 Constitution Ave. NW, Washington, DC 20460. 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-OMS-
2020-0281. The Environmental Protection Agency's (EPA) policy is that
all comments received will be included in the public docket without
change and may be made available online at https://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 https://www.regulations.gov. The https://www.regulations.gov website is an ``anonymous access'' system for EPA,
which means the EPA will not know your identity or contact information.
If you submit an electronic comment, the EPA recommends that you
include your name and other contact information in the body of your
comment. 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. If you send an email comment directly
to the EPA without going through https://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. 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 public docket, visit
the EPA Docket Center homepage at https://www.epa.gov/dockets.
[[Page 30041]]
Docket: All documents in the docket are listed in the https://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 https://www.regulations.gov or in hard copy at the
OMS Docket, EPA/DC, WJC West Building, Room 3334, 1301 Constitution
Ave. NW, Washington, DC 20460. The Public Reading Room is normally 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 OMS Docket is (202) 566-
1752.
Temporary Hours During COVID-19
Out of an abundance of caution for members of the public and our
staff, the EPA Docket Center and Reading Room are closed to the public,
with limited exceptions, to reduce the risk of transmitting COVID-19.
Our Docket Center staff will continue to provide remote customer
service via email, phone, and webform. We encourage the public to
submit comments via https://www.regulations.gov/ or email, as there may
be a delay in processing mail and faxes. Hand deliveries and couriers
may be received by scheduled appointment only. For further information
on EPA Docket Center services and the current status, please visit us
online at https://www.epa.gov/dockets.
FOR FURTHER INFORMATION CONTACT: Marcella James, Office of Grants and
Debarment, Office of Mission Support, Environmental Protection Agency,
Ronald Reagan Building, Mail Code 3901R, 1300 Pennsylvania Avenue NW,
Washington, DC 20460; telephone number, (202) 564-2572; email address,
[email protected].
SUPPLEMENTARY INFORMATION: The Office of Mission Support is
transitioning from a paper filing system under the Debarment and
Suspension Files system of records to a new electronic case management
system, Case Application for Debarment and Suspension (CADS). The EPA
is accordingly modifying its system of records notice (SORN) EPA-33 in
several respects.
First, the Office of Mission Support is updating the system name to
Case Application for Debarment and Suspension (CADS).
Second, because all records in CADS are electronic instead of in
paper form, the system location is modified to the physical location of
the CADS computer storage devices in the EPA National Computer Center
(NCC).
Third, the Office of Mission Support processes suspension and
debarment case actions under the Federal Acquisition Regulation (FAR)
Subpart 9.4 (procurement regulations) and 2 CFR part 180 and part 1532
(nonprocurement regulations). The Office of Mission Support also
processes statutory exclusions under Clean Air Act section 306 and
Clean Water Act section 508 and 2 CFR part 1532, subpart J. EPA-33
already includes individuals subject to suspension and debarment case
actions under the procurement and nonprocurement regulations, but does
not include statutory exclusions under Clean Air Act section 306 and
Clean Water Act section 508. The Office of Mission Support is therefore
modifying EPA-33 to include individuals subject to a statutory
exclusion under the Clean Air Act or Clean Water Act as categories of
individuals covered by the system, and to include statutory exclusion
records as categories of records in the system and record source
categories.
Fourth, the Office of Mission Support is also updating the routine
uses of records maintained in EPA-33. The Office of Mission Support is
modifying routine uses 1-5 as follows:
For routine use 1, updating the exclusion database name to
the System for Award Management (SAM) to reflect changes made by the
General Services Administration (GSA) to the name of the exclusion
list, and updating the nonprocurement regulation citation so that it is
accurate.
For routine use 2, adding statutory exclusions as a type
of suspension and debarment proceeding, and re-numbering routine use 2
to routine use 3.
For routine use 3, adding procurement transactions to the
type of transactions relevant for an individual's eligibility
determination, updating the nonprocurement regulation citation to 2 CFR
part 180 and part 1532 because the EPA definition of covered
transaction was moved from 40 CFR 32.200, and re-numbering routine use
3 to routine use 6.
For routine use 4, re-numbering to routine use 7.
For routine use 5, removing the disclosure of settlement
agreements from the routine use because settlement agreements are now
uploaded to the Federal Awardee Performance and Integrity Information
System (FAPIIS) as discussed in new routine use 2, and re-numbering to
routine use 8.
The general routine uses A, B, C, D, E, F, G, H, I, and K continue
to apply to the system. The Office of Mission Support is adding new
general routine uses L and M and the following new routine uses:
A new routine use ``2'' for disclosing records to GSA in
accordance with Section 872 of The Duncan Hunter National Defense
Authorization Act of 2009 (Pub. L. 110-417) which requires the public
disclosure of suspension and debarment administrative agreements in
FAPIIS.
A new routine use ``4'' for disclosing records to
individual respondents and related respondents or the authorized
representatives of related respondents. A respondent is a person
against whom a suspension or debarment action has been initiated or may
be initiated. The Office of Mission Support is adding a new routine use
4 to disclose records to any individual who is the subject of a
suspension or debarment case action as an actual or potential
respondent in a suspension and debarment matter. This routine use
addresses situations where the Office of Mission Support discloses to a
respondent his or her own records in a suspension and debarment matter.
The new routine use 4 is also adding the disclosure of records to
related respondents and authorized representatives of related
respondents. This routine use addresses situations where the Office of
Mission Support initiates a case action where individuals or other
persons are involved in the same misconduct that is the action basis
for the suspension or debarment matter and the records are disclosed to
all the respondents in order to give them notice and an opportunity to
respond to the suspension or debarment action. The Office of Mission
Support proposes to disclose records to related respondents or their
authorized representatives only when by careful review the Agency
determines that the records are both relevant and necessary to the
related respondent's suspension or debarment proceeding.
A new routine use ``5'' for disclosing records to other
federal agencies coordinating with the EPA in suspension and debarment
case actions. The Office of Mission Support participates in a
government-wide system for debarment and suspension from programs and
activities involving federal financial and nonfinancial assistance and
benefits. Because suspension and debarment actions have governmentwide
effect, the Office of Mission Support engages in a lead agency
coordination process when using a suspension or debarment remedy.
[[Page 30042]]
Fifth, the Office of Mission Support is modifying the policies and
practices for storage, retrieval, and retention and disposal of records
to describe those that apply to the use of electronic records in the
new CADS system.
Sixth, the Office of Mission Support is modifying the
administrative, technical, and physical safeguards to describe those
that apply to the management of electronic records in the new CADS
system.
Lastly, the Office of Mission Support is adding authorities for the
maintenance of the system to include those relevant to electronic
recordkeeping and to add relevant suspension and debarment regulations.
All other elements of EPA-33 will transfer to the modified system
of records notice for Case Application for Debarment and Suspension.
The system continues to be maintained by the Office of Mission Support,
previously known as the Office of Administration and Resource
Management.
SYSTEM NAME AND NUMBER:
Case Application for Debarment and Suspension, EPA-33
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
National Computer Center (NCC), 109 TW Alexander Drive, Research
Triangle Park, Durham, NC 27711.
SYSTEM MANAGER(S):
Michael Osinski, Director, Office of Grants and Debarment, Office
of Mission Support, Environmental Protection Agency, Ronald Reagan
Building, Mailcode 3901R, 1300 Pennsylvania Avenue NW, Washington, DC
20460; telephone number, (202) 564-3792; email address,
[email protected].
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
Government Paperwork Elimination Act (Pub. L. 105-277, 44 U.S.C.
3504); 33 U.S.C. 1368; 42 U.S.C. 7606; Executive Order 11738, Providing
for administration of the Clean Air Act and the Federal Water Pollution
Control Act with respect to Federal contracts, grants, or loans (38 FR
25161, 3 CFR, 1971-1975 Comp., p. 799); Executive Order 12549,
Debarment and Suspension (51 FR 6370, 3 CFR, 1986 Comp., p. 189);
Executive Order 12689 (54 FR 34131, 3 CFR, 1989 Comp., p. 235); the
Federal Acquisition Streamlining Act of 1994, Public Law 103-355, 31
U.S.C. 6101 note; 2 CFR part 180--the Office of Management and Budget
Guidelines to Agencies on Governmentwide Debarment and Suspension
(Nonprocurement); 2 CFR part 1532--Nonprocurement Debarment and
Suspension; and the Federal Acquisition Regulation, 48 CFR subpart
9.4--Debarment, Suspension, and Ineligibility.
PURPOSE(S) OF THE SYSTEM:
The purpose of CADS is to assist the Office of Mission Support in
processing, investigating, and maintaining records relevant to
suspension and debarment case actions. The Office of Mission Support
utilizes suspension and debarment as an administrative tool to address
waste, fraud, abuse, poor performance, environmental noncompliance or
other misconduct by excluding individuals from participating in federal
procurement or nonprocurement programs. The Office of Mission Support
is also responsible for implementing a statutory debarment authority
that arises by operation of law under the Clean Air Act section 306 or
Clean Water Act section 508. This statutory debarment authority
prohibits the Federal Government from entering into contracts or
nonprocurement transactions at violating facilities unless and until
the EPA Suspension and Debarment Official can certify that the
conditions that gave rise to the Clean Air Act or Clean Water Act
conviction have been corrected. This system of records also assists the
Office of Mission Support in assembling information in order to conduct
and document suspension and debarment proceedings; to ensure that
federal contracts and federal assistance, loans, and benefits are
awarded to responsible business entities and individuals; and to ensure
the government conducts business with persons at facilities that are in
compliance with the Clean Air Act or Clean Water Act.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
(1) Individuals who have been suspended, proposed for debarment, or
debarred from federal procurement and assistance programs; (2)
Individuals who have been the subject of agency inquiries to determine
whether they should be debarred and/or suspended from federal
procurement and assistance programs; and (3) Individuals who have been
convicted and are subject to an exclusion by operation of law under
Clean Air Act section 306 or Clean Water Act section 508.
CATEGORIES OF RECORDS IN THE SYSTEM:
Records include information on individuals and firms excluded or
considered for exclusion from federal acquisition or assistance
programs as a result of suspension or debarment proceedings initiated
by the EPA, or as a result of a statutory exclusion arising by
operation of law upon conviction pursuant to Clean Air Act section 306
or Clean Water Act section 508. Such information includes, but is not
limited to, names and residential addresses of individuals; email
addresses of individuals; business addresses associated with
individuals; phone numbers associated with individuals; evidence
obtained in support of suspension and debarment case actions; records
submitted by individuals or other persons (corporations, partnerships,
associations, unit of governments, or legal entities, however
organized, or their authorized representative); administrative
agreements; audits of administrative agreements; and final decisions or
reinstatement determinations. Examples of records include
correspondence, inspection reports, memoranda of interviews, contracts,
assistance agreements, indictments, judgment and conviction orders,
plea agreements, and corporate information. Records such as court
documents or reports from commercial databases may contain individuals'
Social Security Numbers and dates of birth. Computer generated records
include data and reports regarding categories and status of cases.
RECORD SOURCE CATEGORIES:
EPA and other federal officials, state and local officials,
businesses and other entities who may have information relevant to an
inquiry, individuals who have been statutorily excluded, suspended,
proposed for debarment or debarred, and their authorized
representatives.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND PURPOSES OF SUCH USES:
The following routine uses apply to this system because the use of
the record is necessary for the efficient conduct of government
operations. The routine uses below are both related to and compatible
with the original purpose for which the information was collected. The
following general routine uses apply to this system (73 FR 2245):
A. Disclosure for Law Enforcement Purposes: Information may be
disclosed 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.
[[Page 30043]]
B. Disclosure Incident to Requesting Information: Information may
be disclosed to any source from which additional information is
requested (to the extent necessary to identify the individual, inform
the source of the purpose of the request, and to identify the type of
information requested,) when necessary to obtain information relevant
to an agency decision concerning retention of an employee or other
personnel action (other than hiring,) retention of a security
clearance, the letting of a contract, or the issuance or retention of a
grant, or other benefit.
C. Disclosure to Requesting Agency: Disclosure may be made to a
federal, state, local, foreign, or tribal or other public authority of
the fact that this system of records contains information relevant to
the retention of an employee, the retention of a security clearance,
the letting of a contract, or the issuance or retention of a license,
grant, or other benefit. The other agency or licensing organization may
then make a request supported by the written consent of the individual
for the entire record if it so chooses. No disclosure will be made
unless the information has been determined to be sufficiently reliable
to support a referral to another office within the agency or to another
federal agency for criminal, civil, administrative, personnel, or
regulatory action.
D. Disclosure to Office of Management and Budget: Information may
be disclosed to the Office of Management and Budget at any stage in the
legislative coordination and clearance process in connection with
private relief legislation as set forth in OMB Circular No. A-19.
E. Disclosure to Congressional Offices: Information may be
disclosed to a congressional office from the record of an individual in
response to an inquiry from the congressional office made at the
request of the individual.
F. Disclosure to Department of Justice: Information may be
disclosed to the Department of Justice, or in a proceeding before a
court, adjudicative body, or other administrative body before which the
Agency is authorized to appear, when:
1. The Agency, or any component thereof;
2. Any employee of the Agency in his or her official capacity;
3. Any employee of the Agency in his or her individual capacity
where the Department of Justice or the Agency have agreed to represent
the employee; or
4. The United States, if the Agency determines that litigation is
likely to affect the Agency or any of its components, is a party to
litigation or has an interest in such litigation, and the use of such
records by the Department of Justice or the Agency is deemed by the
Agency to be relevant and necessary to the litigation provided,
however, that in each case it has been determined that the disclosure
is compatible with the purpose for which the records were collected.
G. Disclosure to the National Archives: Information may be
disclosed to the National Archives and Records Administration in
records management inspections.
H. Disclosure to Contractors, Grantees, and Others: Information may
be disclosed to contractors, grantees, consultants, or volunteers
performing or working on a contract, service, grant, cooperative
agreement, job, or other activity for the Agency and who have a need to
have access to the information in the performance of their duties or
activities for the Agency. When appropriate, recipients will be
required to comply with the requirements of the Privacy Act of 1974 as
provided in 5 U.S.C. 552a(m).
I. Disclosures for Administrative Claims, Complaints and Appeals:
Information from this system of records may be disclosed to an
authorized appeal grievance examiner, formal complaints examiner, equal
employment opportunity investigator, arbitrator or other person
properly engaged in investigation or settlement of an administrative
grievance, complaint, claim, or appeal filed by an employee, but only
to the extent that the information is relevant and necessary to the
proceeding. Agencies that may obtain information under this routine use
include, but are not limited to, the Office of Personnel Management,
Office of Special Counsel, Merit Systems Protection Board, Federal
Labor Relations Authority, Equal Employment Opportunity Commission, and
Office of Government Ethics.
K. Disclosure in Connection With Litigation: Information from this
system of records may be disclosed in connection with litigation or
settlement discussions regarding claims by or against the Agency,
including public filing with a court, to the extent that disclosure of
the information is relevant and necessary to the litigation or
discussions and except where court orders are otherwise required under
section (b)(11) of the Privacy Act of 1974, 5 U.S.C. 552a(b)(11).
The two routine uses below (L and M) are required by OMB Memorandum
M-17-12:
L. Disclosure to Persons or Entities in Response to an Actual or
Suspected Breach of Personally Identifiable Information: 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.
M. Disclosure to Assist Another Agency in Its Efforts to Respond to
a Breach of Personally Identifiable Information: 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.
Records may also be disclosed:
1. Disclosure to the System for Award Management: To the General
Services Administration (GSA) to compile and maintain the System for
Award Management (SAM) Exclusions list in accordance with FAR 9.404 and
2 CFR 180.500 and 180.505.
2. Disclosure to the Federal Awardee Performance and Integrity
Information System: To the GSA for the Federal Awardee Performance and
Integrity Information System (FAPIIS), which publicly discloses
administrative agreements as required by Section 872 of The Duncan
Hunter National Defense Authorization Act of 2009 (Pub. L. 110-417).
3. Disclosure to the Individual Respondent: To the individual
person statutorily excluded, suspended, proposed for debarment, or
debarred in EPA proceedings; to the individual person who has been the
subject of agency inquiries to determine whether the individual person
should be debarred and/or suspended from federal procurement and
assistance programs; and to the authorized representatives of the
individual person statutorily excluded, suspended, proposed for
debarment or debarred in EPA proceedings.
[[Page 30044]]
4. Disclosure to Other Respondents: To persons (any individual,
corporation, partnership, association, unit of government, or legal
entity, however organized) who have been suspended, proposed for
debarment, or debarred from federal procurement and assistance
programs; persons who have been the subject of agency inquiries to
determine whether they should be debarred and/or suspended from federal
procurement and assistance programs; and to the authorized
representatives of the persons in a suspension or debarment proceeding,
when by careful review the Agency determines that the records are both
relevant and necessary to the persons' suspension or debarment
proceedings.
5. Disclosure to Coordinating Federal Agencies: To a federal agency
coordinating with the EPA for an EPA suspension or debarment proceeding
or having a suspension or debarment action involving the same person.
6. Disclosure for Eligibility Determinations: To a federal, state,
or local agency, financial institution, or other entity to verify an
individual's eligibility for engaging in federal procurement
transactions or covered transactions as defined in FAR Subpart 9.4 and
2 CFR part 180.
7. Disclosure to Requesting Agencies for Particular Purposes: To
federal, state, or local agencies, in response to requests or
subpoenas, or otherwise, for the purpose(s) of: (a) Assisting them in
administering federal acquisition, assistance, loan and benefit
programs or regulatory programs, (b) assisting them in discharging
their duties to ensure that federal contracts and assistance, loans,
and benefit programs are awarded to responsible individuals and
organizations, and (c) ensuring that federal, state or local regulatory
responsibilities are met.
8. Disclosure of Final Decisions: To the public, upon request, and
to publishers of computerized legal research systems, but such
disclosures shall be limited to interim or final decisions.
POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
The information collected within CADS is maintained and stored on
computer storage devices physically located at NCC. These records are
maintained electronically on computer storage devices such as computer
tapes and disks. Backups will be maintained at a disaster recovery
site. Computer records are maintained in a secure password protected
environment. Access to computer records is limited to those who have a
need to know. Permission level assignments will allow users access only
to those functions for which they are authorized. All records are
maintained in secure, access-controlled areas or buildings.
POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
Records are retrieved by business or organization name, by an
individual's first or last name, by case number, or by file name.
POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
Records are retained in accordance with the EPA's Records Schedules
1016(c) and 0090(d) and disposed of under National Archives and Records
Administration (NARA) disposal authority DAA-0412-2013-0015-0003.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
Security controls used to protect personal sensitive data in CADS
are commensurate with those required for an information system rated
MODERATE for confidentiality, integrity, and availability, as
prescribed in National Institute of Standards and Technology (NIST)
Special Publication, 800-53, ``Security and Privacy Controls for
Federal Information Systems and Organizations,'' Revision 5.
1. Administrative Safeguards: Personnel are instructed to lock
their computer when they leave their desks. Personnel receive annual
Information Security and Privacy Awareness training and are regularly
reminded about appropriate personally identifiable information handling
procedures. In addition to the Agency's Rules of Behavior and Privacy
Act training that personnel undergo, CADS users are required to sign a
Rules of Behavior document and a Request for Remote Access and Use of
Sensitive Personally Identifiable Information document before they are
granted access to CADS.
2. Technical Safeguards: Access to CADS is strictly controlled and
is limited to those with an operational need to access the information.
Access is granted and managed by CADS Administrators. Access to the EPA
Virtual Private Network requires two-factor authentication accomplished
by using Personal Identity Verification (PIV) cards that are issued to
all personnel based on the requirements of Homeland Security
Presidential Directive 12 (HSPD 12). Access to CADS is restricted to
users on the EPA Virtual Private Network who have been granted
permission by a CADS administrator to have access to CADS. CADS access
is username and password protected.
3. Physical Safeguards: EPA employees and contractors involved in
the management, design, development, implementation and execution of
CADS will have monitored access to CADS. Only individuals who have the
proper authorization and who perform functions related to CADS are
allowed to access any information. Entry to the EPA facility and within
the facility to specific spaces at the NCC is achieved using HSPD-12
PIV cards on door readers. PIV cards are only issued to personnel who
have met EPA's initial security screening requirements. Security Guards
at all entrances confirm that the PIV card is valid, unexpired and
reflects the identity of the card holder. Entry to the server rooms is
only available to personnel using their PIV cards on door readers,
where those personnel have been approved for elevated access (meaning
they have undergone a more rigorous security screening). The NCC
maintains an Access Control List to ensure access to server rooms is
limited to approved personnel only.
RECORD ACCESS PROCEDURES:
Individuals seeking access to information in this system of records
about themselves are required to provide adequate identification (e.g.,
driver's license, military identification card, employee badge or
identification card). Additional identity verification procedures may
be required, as warranted. Requests must meet the requirements of EPA
regulations that implement the Privacy Act of 1974, at 40 CFR part 16.
CONTESTING RECORD PROCEDURES:
Requests for correction or amendment must identify the record to be
changed and the corrective action sought. Complete EPA Privacy Act
procedures are described in EPA's Privacy Act regulations at 40 CFR
part 16.
NOTIFICATION PROCEDURE:
Individuals who want to know whether this system of records
contains information about them should make a written request to the
EPA, Attn: Agency Privacy Officer, MC 2831T, 1200 Pennsylvania Ave. NW,
Washington, DC 20460, [email protected].
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
None.
HISTORY:
60 FR 51791 (October 3, 1995)--Creation of the ``Debarment and
Suspension Files'' system of records.
[[Page 30045]]
67 FR 8246 (February 22, 2002)--Republication of Existing System of
Records.
Vaughn Noga,
Senior Agency Official for Privacy.
[FR Doc. 2021-11756 Filed 6-3-21; 8:45 am]
BILLING CODE 6560-50-P