82 FR 51404 - Privacy Act of 1974; System of Records

COUNCIL OF THE INSPECTORS GENERAL ON INTEGRITY AND EFFICIENCY

Federal Register Volume 82, Issue 213 (November 6, 2017)

The Council of the Inspectors General on Integrity and Efficiency (CIGIE) proposes to establish a system of records that is subject to the Privacy Act of 1974. Specifically, the Integrity Committee Management System (ICMS) will enable CIGIE to track complaints made to CIGIE's Integrity Committee (IC) and information related thereto. CIGIE also proposes to establish routine uses for the proposed system of records. In this notice, CIGIE provides the required information on the system of records and routine uses for such system.

[Federal Register Volume 82, Number 213 (Monday, November 6, 2017)]
[Notices]
[Pages 51404-51406]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-24038]


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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.

ACTION: Notice of a new system of records.

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SUMMARY: The Council of the Inspectors General on Integrity and 
Efficiency (CIGIE) proposes to establish a system of records that is 
subject to the Privacy Act of 1974. Specifically, the Integrity 
Committee Management System (ICMS) will enable CIGIE to track 
complaints made to CIGIE's Integrity Committee (IC) and information 
related thereto. CIGIE also proposes to establish routine uses for the 
proposed system of records. In this notice, CIGIE provides the required 
information on the system of records and routine uses for such system.

DATES: This action will be effective without further notice on December 
6, 2017 unless comments are received that would result in a contrary 
determination.

ADDRESSES: You may submit comments by any of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     Email: [email protected].
     Fax: (202) 254-0162.
     Mail: Atticus J. Reaser, General Counsel, Council of the 
Inspectors General on Integrity and Efficiency, 1717 H Street NW., 
Suite 825, Washington, DC 20006.
     Hand Delivery/Courier: Atticus J. Reaser, General Counsel, 
Council of the Inspectors General on Integrity and Efficiency, 1717 H 
Street NW., Suite 825, Washington, DC 20006.

FOR FURTHER INFORMATION CONTACT: Atticus J. Reaser, General Counsel, 
CIGIE, (202) 292-2600.

SUPPLEMENTARY INFORMATION: In 2008, Congress established CIGIE as an 
independent entity within the executive branch in order to address 
integrity, economy, and effectiveness issues that transcend individual 
Government agencies; and increase the professionalism and effectiveness 
of personnel by developing policies, standards, and approaches to aid 
in the establishment of a well-trained and highly skilled workforce in 
the offices of the Inspector General (OIG). CIGIE's membership is 
comprised of all Inspectors General whose offices are established under 
the Inspector General Act of 1978, as amended, 5 U.S.C. app (IG Act), 
as well as the Controller of the Office of Federal Financial 
Management, a designated official of the Federal Bureau of 
Investigation (FBI), the Director of the Office of Government Ethics, 
the Special Counsel of the Office of Special Counsel, the Deputy 
Director of the Office of Personnel Management, the Deputy Director for 
Management of the Office of Management and Budget (OMB), and the 
Inspectors General of the Office of the Director of National 
Intelligence, Central Intelligence Agency, Library of Congress, Capitol 
Police, Government Publishing Office, Government Accountability Office, 
and the Architect of the Capitol. The Deputy Director for Management of 
OMB serves as the Executive Chairperson of CIGIE.
    The IG Act established the IC in order to receive, review, and 
refer for investigation allegations of wrongdoing that are made against 
Inspectors General and certain staff members of the various OIGs. With 
the enactment of the Inspector General Empowerment Act of 2016 on 
December 16, 2016, the IG Act was amended to require the Chairperson of 
CIGIE to maintain the records of the IC. Previously, such records were 
required by the IG Act to be maintained by the official of the FBI 
serving in CIGIE. The new system of records described in this notice, 
the ICMS (CIGIE-4), will enable CIGIE to track complaints made to the 
IC and information related thereto. In accordance with 5 U.S.C. 
552a(r), CIGIE has provided a report of this new system of records to 
OMB and to Congress. The new system of records reads as follows:
SYSTEM NAME AND NUMBER
    Integrity Committee Management System (ICMS)--CIGIE-4.

[[Page 51405]]

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

SYSTEM LOCATIONS:
    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. Records within the system may also be temporarily located at a 
Federal Bureau of Investigation (FBI) location in 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):
    Executive Director, Council of the Inspectors General on Integrity 
and Efficiency, 1717 H Street NW., Suite 825, Washington, DC 20006.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    Section 11 of the Inspector General Act of 1978, as amended, 5 
U.S.C. app (IG Act); Section 3 of the Inspector General Empowerment Act 
of 2016, Public Law 114-317, 130 Stat. 1595 (IGEA); 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, as further amended by section 
3 of the IGEA. 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, 
as further amended by the IGEA, 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 complaints made 
to or referred to 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, complainant, victim, witness, or close relative or associate 
of a subject, complainant, victim, or witness in a complaint made or 
referred to the IC. Such individuals include, but are not necessarily 
limited to, Inspectors General, the Special Counsel, the Deputy Special 
Counsel, and those staff members of the OIGs specified in section 
11(d)(4)(B) of the IG Act, 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 correspondence or records that are 
related to the general administration of the IC.

CATEGORIES OF RECORDS IN THE SYSTEM:
    Information relating to complaints and investigations, including:
    A. Letters, memoranda, and other documents describing complaints or 
alleged criminal, civil, or administrative misconduct.
    B. Investigative files, which include reports of investigations and 
related exhibits, statements, affidavits, and records obtained during 
investigations.
    C. General 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 THE PURPOSES OF SUCH USES:
    In addition to those disclosures generally permitted under the 
Privacy Act (5 U.S.C. 552a(b)), the records or information contained in 
this system of records may specifically be disclosed outside of CIGIE 
as a routine use pursuant to the Privacy Act (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 DOJ is relevant and 
necessary to litigation and is compatible with the purpose for which 
the records were collected, 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 and is compatible with the purpose for which 
the records were collected, 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.

[[Page 51406]]

    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, as further amended by the IGEA.
    E. To officials and employees of any Federal agency to the extent 
the record contains information that is relevant to that agency's 
decision concerning the hiring, appointment, or retention of an 
employee; issuance of a security clearance; execution of a security or 
suitability investigation; or classification of a job.
    F. To the National Archives and Records Administration (NARA) 
pursuant to records management inspections being conducted under the 
authority of 44 U.S.C. 2904 and 2906.
    G. To contractors, grantees, consultants, volunteers, or other 
individuals performing or working on a contract, interagency agreement, 
service, grant, cooperative agreement, job, or other activity for CIGIE 
(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, as further amended by the IGEA, the Chief of the Public 
Integrity Section of the Criminal Division of the DOJ, or his 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 where there is reason to believe the recipient is or could 
become the target of a particular criminal activity or conspiracy, or 
to the extent the information is relevant to the protection or life or 
property.
    L. To officials, members, and employees of CIGIE and members of the 
IC 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 or the head of a designated Federal entity, 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.

POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
    Information in this system is maintained in paper and/or electronic 
form.

POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
    These records are retrieved by the name or other programmatic 
identifier assigned to the individual on whom they are maintained.

POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
    The information is retained and disposed of in accordance with the 
General Records Schedule or the CIGIE records schedule applicable to 
the record and/or as otherwise required by the Federal Records Act and 
implementing regulations. Destruction is by shredding or electronic 
deletion.

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 under the Privacy Act, promulgated at 5 CFR 
part 9801.

CONTESTING RECORDS PROCEDURES:
    See ``Record Access Procedures'' above.

NOTIFICATION PROCEDURES:
    See ``Record 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.

    Dated: October 23, 2017.
Michael E. Horowitz,
Chairperson of the Council of the Inspectors General on Integrity and 
Efficiency.
[FR Doc. 2017-24038 Filed 11-3-17; 8:45 am]
 BILLING CODE 6820-C9-P