[Federal Register Volume 86, Number 93 (Monday, May 17, 2021)]
[Rules and Regulations]
[Pages 26649-26651]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-10375]



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 Rules and Regulations
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  Federal Register / Vol. 86, No. 93 / Monday, May 17, 2021 / Rules and 
Regulations  

[[Page 26649]]



COUNCIL OF THE INSPECTORS GENERAL ON INTEGRITY AND EFFICIENCY

5 CFR Part 9801

RIN 3219-AA03


Privacy Act Regulations

AGENCY: Council of the Inspectors General on Integrity and Efficiency 
(CIGIE).

ACTION: Interim final rule; request for comments.

-----------------------------------------------------------------------

SUMMARY: CIGIE is updating its regulations relating to access, 
maintenance, disclosure, and amendment of records that are in a CIGIE 
system of records under the Privacy Act of 1974 (Privacy Act). The 
purpose of the update is to implement statutory changes in accordance 
with the provisions of the Coronavirus Aid, Relief, and Economic 
Security (CARES) Act that established the Pandemic Response 
Accountability Committee (PRAC) within CIGIE. CIGIE is giving 
concurrent notice of a newly established system of records pursuant to 
the Privacy Act for the PRAC Accountability Data System (PADS)--CIGIE-6 
and this interim final rule. In this interim final rule, CIGIE exempts 
portions of the new system of records from one or more provisions of 
the Privacy Act because of criminal, civil, and administrative 
oversight requirements.

DATES: This interim final rule is effective May 17, 2021. Written 
comments may be submitted by June 16, 2021.

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

FOR FURTHER INFORMATION CONTACT: Virginia Grebasch, Senior Counsel, 
Pandemic Response Accountability Committee, Council of the Inspectors 
General on Integrity and Efficiency, (202) 292-2600 or 
[email protected].

SUPPLEMENTARY INFORMATION:

Background Information

    In accordance with the Privacy Act, CIGIE is proposing in a 
concurrently published notice a newly established system of records 
pursuant to the Privacy Act for the PRAC Accountability Data System 
(PADS)--CIGIE-6. CIGIE proposes this system of records in furtherance 
of the PRAC's statutory mandate to conduct oversight of funds 
disseminated per the CARES Act; the Coronavirus Preparedness and 
Response Supplemental Appropriations Act of 2020; the Families First 
Coronavirus Response Act; divisions M and N of the Consolidated 
Appropriations Act of 2021; and any other act primarily making 
appropriations for Coronavirus response and related activities. CIGIE 
is issuing this Notice of Interim Final Rulemaking to exempt this new 
system of records from certain provisions of the Privacy Act.

Administrative Procedure Act

    Pursuant to 5 U.S.C. 553(d)(3), CIGIE has determined that good 
cause exists for waiving the general notice of proposed rulemaking and 
public comment procedures as to these amendments and for issuing this 
interim final rule without a delayed effective date. The notice and 
comment procedures are being waived because these amendments are being 
made to fulfill the requirements of the CARES Act, which took effect 
without delay on March 27, 2020. Additionally, these amendments specify 
exemptions regarding the public's access to information about 
themselves maintained by CIGIE. The absence of well-defined exemptions 
to the Privacy Act regulations could impair confidentiality and privacy 
rights of those who submit sensitive information to CIGIE through the 
PRAC and the ability of the PRAC to use that information to carry out 
its statutory mission.

Executive Orders 12866 and 13563

    In promulgating this amended rule, CIGIE has adhered to the 
regulatory philosophy and the applicable principles of regulation set 
forth in section 1 of Executive Order 12866, Regulatory Planning and 
Review. The Office of Management and Budget (OMB) has determined that 
this rule is not ``significant'' under Executive Order 12866.

Regulatory Flexibility Act

    These amended regulations will not have a significant economic 
impact on a substantial number of small entities. Therefore, a 
regulatory flexibility analysis under the Regulatory Flexibility Act, 
as amended, is not required.

Paperwork Reduction Act

    These amended regulations impose no additional reporting and 
recordkeeping requirements. Therefore, clearance by OMB is not 
required.

Federalism (Executive Order 13132)

    This amended rule does not have Federalism implications, as set 
forth in Executive Order 13132. It will not have substantial direct 
effects on the States, on the relationship between the national 
government and the States, or on the distribution of power and 
responsibilities among the various levels of government.

List of Subjects in 5 CFR Part 9801

    Information, Privacy, Privacy Act, Records.

    For the reasons set forth in the preamble, CIGIE amends 5 CFR, part 
9801, as follows:

PART 9801--PRIVACY ACT REGULATIONS

0
1. The authority citation for part 9801 is revised to read as follows:

    Authority:  Section 11 of the Inspector General Act of 1978, as 
amended, 5 U.S.C. app.; 5 U.S.C. 301, 552a; 31 U.S.C. 9701; Sec. 
15010, Pub. L. 116-136, 134 Stat. 281.


0
2. Amend Sec.  9801.103 by adding paragraph (i) to read as follows:


Sec.  9801.103   Definitions.

* * * * *

[[Page 26650]]

    (i) PRAC means the Pandemic Response Accountability Committee 
established under Section 15010 of the Coronavirus Aid, Relief, and 
Economic Security Act, Public Law 116-136, 134 Stat. 281.

0
3. Amend Sec.  9801.401 by adding paragraph (c) to read as follows:


Sec.  9801.401   Exemptions.

* * * * *
    (c) Specific system of records exempted under (j)(2), (k)(1), and 
(k)(2). The system of records maintained in connection with PRAC 
Accountability Data System (CIGIE-6), is subject to general exemption 
under 5 U.S.C. 552a(j)(2) and the specific exemptions under 5 U.S.C. 
552a(k)(1) and (2). These exemptions apply only to the extent that 
information in this system is subject to exemption pursuant to 5 U.S.C. 
552a (j)(2), (k)(1) and (k)(2). Where compliance would not appear to 
interfere with or adversely affect the law enforcement process, and/or 
where it may be appropriate to permit individuals to contest the 
accuracy of the information collected, e.g., public source materials, 
the applicable exemption may be waived, either partially or totally, by 
CIGIE, at the sole discretion of CIGIE, as appropriate.
    (1) Pursuant to the provisions of 5 U.S.C. 552a(j)(2), CIGIE-6 is 
exempt from the following provisions of the Privacy Act: 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).
    (2) Pursuant to the provisions of 5 U.S.C. 552a(k)(1) and (2), 
CIGIE-6 is exempt from the following provisions of the Privacy Act: 5 
U.S.C. 552a(c)(3); (d); (e)(1) and (e)(4)(G)-(H); and (f).
    (3) Exemptions from the particular subsections are justified for 
the following reasons:
    (i) From subsection (c)(3) because release of disclosure accounting 
could alert the subjects of an investigation of an actual or potential 
criminal, civil, or regulatory violation to the existence of the 
investigation and the fact that they are subjects of the investigation, 
and reveal investigative interest by not only CIGIE, through the PRAC, 
but also by external agencies such as Federal Offices of Inspector 
General. Because release of such information to the subjects of an 
investigation would provide them with significant information 
concerning the nature of the investigation, release could result in the 
destruction of documentary evidence, improper influencing of witnesses, 
and other activities that could impede or compromise the investigation. 
In addition, accounting for each disclosure could result in the release 
of properly classified information which would compromise the national 
defense or disrupt foreign policy.
    (ii) From subsection (c)(4) because this system is exempt from the 
access provisions of subsection (d) pursuant to subsections (j) and (k) 
of the Privacy Act.
    (iii) From the access and amendment provisions of subsection (d) 
because access to the records contained in this system of records could 
inform the subjects of an investigation of an actual or potential 
criminal, civil, or regulatory violation of the existence of that 
investigation and of the nature and scope of the information and 
evidence obtained as to their activities. Such awareness by the 
subjects could prevent the successful completion of an investigation 
and/or lead to the improper influencing of witnesses, the destruction 
of evidence, or fabricated testimony. In addition, granting access to 
such information could disclose security-sensitive or confidential 
business information or information that would constitute an 
unwarranted invasion of the personal privacy of third parties. Finally, 
access to the records could result in the release of classified 
information which would compromise the national defense or disrupt 
foreign policy. Amendment of the records would interfere with ongoing 
investigations and law enforcement activities and impose an impossible 
administrative burden by requiring investigations to be continuously 
reinvestigated.
    (iv) From subsection (e)(1) because the application of this 
provision could impair investigations and interfere with the law 
enforcement responsibilities of CIGIE through the PRAC for the 
following reasons:
    (A) It is not possible to detect relevance or necessity of specific 
information in the early stages of a civil, criminal, or other law 
enforcement investigation, case, or matter, including investigations in 
which use is made of classified information. Relevance and necessity 
are questions of judgment and timing, and it is only after the 
information is evaluated that the relevance and necessity of such 
information can be established.
    (B) During the course of any investigation, CIGIE, through the PRAC 
may obtain information concerning actual or potential violations of 
laws other than those within the scope of its jurisdiction. In the 
interest of effective law enforcement, the PRAC should retain this 
information, as it may aid in establishing patterns of criminal 
activity and can provide valuable leads for Federal and other law 
enforcement agencies.
    (C) In interviewing individuals or obtaining other forms of 
evidence during an investigation, information may be supplied to an 
investigator that relates to matters incidental to the primary purpose 
of the investigation but which may relate also to matters under the 
investigative jurisdiction of another agency. Such information cannot 
readily be segregated.
    (v) From subsection (e)(2) because, in some instances, the 
application of this provision would present a serious impediment to law 
enforcement for the following reasons:
    (A) The subjects of an investigation would be placed on notice as 
to the existence of an investigation and would therefore be able to 
avoid detection or apprehension, to improperly influence witnesses, to 
destroy evidence, or to fabricate testimony.
    (B) In certain circumstances the subjects of an investigation 
cannot be required to provide information to investigators, and 
information relating to their illegal acts, violations of rules of 
conduct, or any other misconduct must be obtained from other sources.
    (C) In any investigation it is necessary to obtain evidence from a 
variety of sources other than the subjects of the investigation.
    (vi) From subsection (e)(3) because the application of this 
provision would provide the subjects of an investigation with 
substantial information which could impede or compromise the 
investigation.
    (vii) From subsection (e)(4)(G)-(I) because this system of records 
is exempt from the access provisions of subsection (d).
    (viii) From subsection (e)(5) because the application of this 
provision may prevent the collection of any data not shown to be 
accurate, relevant, timely, and complete at the moment it is collected. 
In the collection of information for law enforcement purposes, it is 
impossible to determine in advance what information is accurate, 
relevant, timely, and complete. Material which may seem unrelated, 
irrelevant, or incomplete when collected may take on added meaning or 
significance as an investigation progresses. The restrictions of this 
provision could interfere with the preparation of a complete 
investigative report, and thereby impede effective law enforcement.
    (ix) From subsection (e)(8) because the application of this 
provision could prematurely reveal an ongoing criminal investigation to 
the subjects of an investigation and could reveal

[[Page 26651]]

investigative techniques, procedures, or evidence.
    (x) From subsection (f) because CIGIE's rules are inapplicable to 
those portions of the system that are exempt and would place the burden 
on CIGIE of either confirming or denying the existence of a record 
pertaining to a requesting individual, which might in itself provide an 
answer to that individual relating to an ongoing investigation. The 
conduct of a successful investigation leading to the indictment of a 
criminal offender precludes the applicability of established agency 
rules relating to verification of record, disclosure of the record to 
that individual, and record amendment procedures for this record 
system.
    (xi) From subsection (g) to the extent that this system is exempt 
from the access and amendment provisions of subsection (d) pursuant to 
subsections (j)(2), (k)(1), and (k)(2) of the Privacy Act.

    Dated: May 12, 2021.
Allison C. Lerner,
Chairperson of the Council of the Inspectors General on Integrity and 
Efficiency.
[FR Doc. 2021-10375 Filed 5-13-21; 4:15 pm]
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