Privacy Act of 1974; System of Records, 55795-55798 [2022-19640]

Agencies

• Council of the Inspectors General on Integrity and Efficiency

[Federal Register Volume 87, Number 175 (Monday, September 12, 2022)]
[Notices]
[Pages 55795-55798]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-19640]


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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 modified system of records.

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SUMMARY: CIGIE is issuing public notice of its intent to amend a system 
of records that it maintains subject to the Privacy Act of 1974. CIGIE-
4, entitled ``Integrity Committee Management System (ICMS),'' is being 
amended to reflect eight new routine uses for information contained in 
the system, to make various technical corrections and/or 
clarifications, and to reorganize the structure to conform to CIGIE's 
more recently published notices.

DATES: This proposal will be effective without further notice on 
October 12, 2022 unless comments are received that would result in a 
contrary determination.

ADDRESSES: Submit comments identified by ``CIGIE-4'' by any of the 
following methods:
    1. Mail: Council of the Inspectors General on Integrity and 
Efficiency, 1717 H Street NW, Suite 825, Washington, DC 20006. ATTN: 
Atticus Reaser/CIGIE-4, Notice of a Modified System of Records.
    2. Email: [email protected].

FOR FURTHER INFORMATION CONTACT: Atticus Reaser, General Counsel, 
Council of the Inspectors General on Integrity and Efficiency, (202) 
292-2600 or [email protected].

SUPPLEMENTARY INFORMATION: CIGIE is amending a system of records that 
it maintains subject to the Privacy Act of 1974 (5 U.S.C. 552a), as 
amended. Specifically, CIGIE-4 entitled ``Integrity Committee 
Management System

[[Page 55796]]

(ICMS)'' is being amended to reflect eight new routines uses: (i) To 
the Office of Personnel Management (OPM) in accordance with OPM's 
responsibility for evaluation and oversight of Federal personnel 
management; (ii) To Federal, state, territorial, local, tribal, 
foreign, or international licensing agencies or associations which 
require information concerning the suitability or eligibility of an 
individual for a license or permit; (iii) To a former IC member, CIGIE 
employee, or detailee for personnel-related or other official purposes 
where CIGIE requires information and/or consultation assistance from 
the former IC member, CIGIE employee, or detailee regarding a matter 
within that person's former area of responsibility; (iv) To appropriate 
agencies, entities, and persons, to the extent necessary to respond to 
or refer correspondence received by CIGIE; (v) To the news media and/or 
the public when (1) a matter pending or that was pending before the IC 
has become public knowledge, (2) the IC Chairperson determines that 
disclosure is necessary to preserve confidence in the integrity of the 
IC process or is necessary to demonstrate the accountability of CIGIE 
members, officers, employees, or individuals covered by this system, or 
(3) the IC Chairperson determines that there exists a legitimate public 
interest (e.g., to demonstrate that the law is being enforced, or to 
deter the commission of misconduct within the IC's oversight 
authority), except to the extent that the IC Chairperson determines in 
any of these situations that disclosure of specific information in the 
context of a particular case would constitute an unwarranted invasion 
of personal privacy; (vi) To complainants, victims, and/or witnesses 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 or witness; (vii) To an 
individual who has been interviewed or contacted by CIGIE pursuant to 
an investigation or other inquiry, to the extent that CIGIE may provide 
copies of that individual's statements, testimony, or records produced 
by such individual; and (viii) To subjects and/or respondents to the 
extent necessary to provide such persons with information and 
explanations concerning the results of an investigation or other 
inquiry arising from matters about which they were a subject and/or 
respondent.
    CIGIE is also making several technical corrections and/or 
clarifications throughout the system of records. Notably, however, 
there are no substantive changes being made to the exemptions 
promulgated for the system. Accordingly, there are no changes made to 
CIGIE's published rule, entitled ``Privacy Act Regulations,'' 
establishing 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). In accordance with 5 U.S.C. 552a(r), 
CIGIE has provided a report of this amended system of records to the 
Office of Management and Budget and to Congress. The amended system of 
records reads as follows:

SYSTEM NAME AND NUMBER:
    Integrity Committee Management System (ICMS)--CIGIE-4.

SECURITY CLASSIFICATION:
    The vast majority of the information in the system is Controlled 
Unclassified Information. However, there is some classified information 
as well.

SYSTEM LOCATION(S):
    The principal location of paper records contained within the ICMS 
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. Limited records within the system, including but not 
necessarily limited to those containing classified information, are 
located at the Federal Bureau of Investigation (FBI) at the system 
location specified in the current System of Record Notice associated 
with The FBI Central Records System, Justice/FBI-002. Contact the 
System Manager identified below for additional information.

SYSTEM MANAGER(S):
    Office of the General Counsel, 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.

PURPOSE(S) OF THE SYSTEM:
    CIGIE maintains this system of records in order to carry out its 
responsibilities pursuant to the IG Act. Pursuant to section 11(d)(1) 
of the IG Act, CIGIE is statutorily directed to establish the Integrity 
Committee (IC), which shall receive, review, refer for investigation, 
or otherwise act on allegations of wrongdoing that are made against 
Inspectors General and certain staff members of various Offices of 
Inspector General (OIGs), as well as the Special Counsel and Deputy 
Special Counsel, and make appropriate recommendations regarding 
confirmed or verified allegations. Furthermore, pursuant to section 
11(d)(13) of the IG Act, the Chairperson of CIGIE is statutorily 
obligated to maintain the records of the IC. Accordingly, the records 
in this system are used in the course of responding to and reviewing 
complaints received by the IC, investigating individuals suspected of 
wrongdoing falling within the authority of the IC, referring matters to 
the Department of Justice (DOJ) or the Office of Special Counsel (OSC), 
as appropriate, and making recommendations to the President or head of 
the relevant agency, as appropriate.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    In connection with its investigative and other duties, the IC 
maintains records on the following categories of individuals:
    A. Individuals who relate in any manner to official IC matters, 
including, but not limited to, individuals who are or have been the 
subject and/or respondent, complainant, victim, witness, or close 
relative or associate of a subject, complainant, victim, or witness in 
a complaint received by the IC. Such individuals include, but are not 
necessarily limited to, Inspectors General, the Special Counsel, the 
Deputy Special Counsel, those staff members of the OIGs specified in 
section 11(d)(4)(B) of the IG Act, and others who are subject to IC 
oversight authority, as well as other individuals identified in such 
complaints.
    B. Individuals identified in reports of investigation and other 
materials received from the DOJ or the OSC pursuant to section 
11(d)(7)(E) of the IG Act or received from other entities that submit 
materials to the IC, such as Inspectors General who conduct 
investigations on behalf of the IC.
    C. Individuals identified in records, including correspondence, 
that are related to the administration of the IC.

[[Page 55797]]

CATEGORIES OF RECORDS IN THE SYSTEM:
    Information relating to complaints and/or investigations, 
including:
    A. Letters, memoranda, and other documents regarding or arising out 
of complaints, alleged criminal, civil, or administrative misconduct, 
or other related information.
    B. Case files, which include reports of investigations, exhibits, 
transcripts and/or recordings of interviews, statements, affidavits, 
and other records obtained during investigations or other inquiries.
    C. Administrative materials, including minutes, reports, case-
tracking logs, and Congressional and other correspondence.
    D. Records relating to referrals and recommendations to and from 
external entities, including, but not limited to the DOJ, the OSC, 
OIGs, and others.

RECORD SOURCE CATEGORIES:
    The subjects of investigations and inquiries; individuals and 
entities with which the subjects of investigations and inquiries are 
associated; Federal, state, local, and foreign law enforcement and non-
law enforcement agencies and entities; private citizens; witnesses; 
complainants; and public and/or commercially available source 
materials.

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, 
including, but not limited to, the DOJ or the OSC pursuant to section 
11(d)(5) of the IG Act.
    E. To officials and employees of any Federal, state, local, or 
tribal agency or CIGIE member entity to the extent the record contains 
information that is relevant to that entity's decision concerning the 
hiring, appointment, nomination, or retention of an employee; issuance 
of an award; issuance of a security clearance; execution of a security 
or suitability investigation; or classification of a job.
    F. To the National Archives and Records Administration (NARA) 
pursuant to records management inspections being conducted under the 
authority of 44 U.S.C. 2904 and 2906.
    G. To contractors, grantees, consultants, volunteers, or other 
individuals performing or working on a contract, interagency agreement, 
service, grant, cooperative agreement, job, or other activity for CIGIE 
(including, but not limited to, representatives of the DOJ and the OSC 
reviewing complaints made to the IC pursuant to section 11(d)(5) of the 
IG Act, the Chief of the Public Integrity Section of the Criminal 
Division of the DOJ, or their designee, who serves as legal advisor to 
the IC, and officials at the FBI involved with the maintenance of IC-
related records) 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 of life or 
property.
    L. To officials of CIGIE and the Integrity Committee, as well as 
CIGIE and Integrity Committee members and their staff members, who have 
need of the information in the performance of their duties.
    M. To any individual or entity when necessary to elicit information 
that will assist an IC investigation.
    N. To the President, the head of a designated Federal entity, or 
other appointing official(s), as appropriate, for resolution after 
assessment and final disposition of reports by the IC to the extent 
required to comply with section 11(d) of the IG Act or as otherwise 
required by law.
    O. To Members of Congress and appropriate congressional committees 
of jurisdiction to the extent required to comply with section 11(d) of 
the IG Act or as otherwise required by law.

[[Page 55798]]

    P. To the Office of Personnel Management (OPM) in accordance with 
OPM's responsibility for evaluation and oversight of Federal personnel 
management.
    Q. To Federal, state, territorial, local, tribal, foreign, or 
international licensing agencies or associations which require 
information concerning the suitability or eligibility of an individual 
for a license or permit.
    R. To a former IC member, CIGIE employee, or detailee for 
personnel-related or other official purposes where CIGIE requires 
information and/or consultation assistance from the former IC member, 
CIGIE employee, or detailee regarding a matter within that person's 
former area of responsibility.
    S. To appropriate agencies, entities, and persons, to the extent 
necessary to respond to or refer correspondence received by CIGIE.
    T. To the news media and/or the public when (1) a matter pending or 
that was pending before the IC has become public knowledge, (2) the IC 
Chairperson determines that disclosure is necessary to preserve 
confidence in the integrity of the IC process or is necessary to 
demonstrate the accountability of CIGIE members, officers, employees, 
or individuals covered by this system, or (3) the IC Chairperson 
determines that there exists a legitimate public interest (e.g., to 
demonstrate that the law is being enforced, or to deter the commission 
of misconduct within the IC's oversight authority), except to the 
extent that the IC Chairperson determines in any of these situations 
that disclosure of specific information in the context of a particular 
case would constitute an unwarranted invasion of personal privacy.
    U. To complainants, victims, and/or witnesses 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 or witness.
    V. To an individual who has submitted information to CIGIE in 
connection with an IC investigation or other matter, in writing or 
otherwise, to the extent that CIGIE determines that providing copies of 
the written materials submitted by the individual or transcript 
extracts of the individual's own statements is appropriate. Such 
disclosure does not include release of transcripts or extracts thereof 
reflecting statements made by others, including but not limited to 
questions asked or statements made by the investigator or other persons 
in an interview.
    W. To subjects and/or respondents to the extent necessary to 
provide such persons with information and explanations concerning the 
results of an investigation or other inquiry arising from matters about 
which they were a subject and/or respondent.

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 about whom the records 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:
    82 FR 51404 (November 6, 2017).

    Dated: September 7, 2022.
Allison C. Lerner,
Chairperson of the Council of the Inspectors General on Integrity and 
Efficiency.
[FR Doc. 2022-19640 Filed 9-9-22; 8:45 am]
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