Privacy Act System of Records, 63196-63202 [2013-24757]
Download as PDF
63196
Federal Register / Vol. 78, No. 205 / Wednesday, October 23, 2013 / Notices
Federal Communications Commission.
Marlene H. Dortch,
Secretary, Office of the Secretary, Office of
Managing Director.
FEDERAL COMMUNICATIONS
COMMISSION
Sunshine Act Meeting; Open
Commission Meeting; Monday,
October, 28, 2013
[FR Doc. 2013–24758 Filed 10–22–13; 8:45 am]
BILLING CODE 6712–01–P
October 17, 2013.
The Federal Communications
Commission will hold an Open Meeting
on the subjects listed below on Monday,
October 28, 2013, which is scheduled to
commence at 11:30 a.m. in Room TW–
C305, at 445 12th Street SW.,
Washington, DC. The Commission is
waving the sunshine period prohibition
contained in section 1.1203 of the
Commission’s rules, 47 CFR 1.1203,
until 12 noon on Thursday, October 24,
2013. Thus, presentations with respect
to the items listed below will be
permitted until that time.
Bureau
Subject
1 ...................
WIRELINE COMPETITION .......................
2 ...................
WIRELESS TELECOMMUNICATIONS ....
3 ...................
emcdonald on DSK67QTVN1PROD with NOTICES
Item No.
PUBLIC SAFETY AND HOMELAND SECURITY.
TITLE: Rural Call Completion (WC Docket No. 13–39) SUMMARY: The Commission will consider a Report and Order and Further Notice of Proposed Rulemaking to address problems associated with completion of long distance calls to
rural areas.
TITLE: Promoting Interoperability in the 700 MHz Commercial Spectrum (WT Docket No. 12–69); Requests for Waiver and Extension of Lower 700 MHz Band Interim Construction Benchmark Deadlines (WT Docket No. 12–332) SUMMARY:
The Commission will consider a Report and Order that implements an industry
solution to provide interoperable service in the lower 700 MHz band.
TITLE: Implementing Public Safety Broadband Provisions of the Middle Class Tax
Relief and Job Creation Act of 2012 (PS Docket No. 12–94); Implementing a Nationwide, Broadband, Interoperable Public Safety Network in the 700 MHz Band
(PS Docket No. 06–229); Service Rules for the 698–746, 747–762 and 777–792
MHz Bands (WT Docket No. 06–150) SUMMARY: The Commission will consider
a Second Report and Order adopting technical rules for the 700 MHz broadband
spectrum licensed to the First Responder Network Authority.
The meeting site is fully accessible to
people using wheelchairs or other
mobility aids. Sign language
interpreters, open captioning, and
assistive listening devices will be
provided on site. Other reasonable
accommodations for people with
disabilities are available upon request.
In your request, include a description of
the accommodation you will need and
a way we can contact you if we need
more information. Last minute requests
will be accepted, but may be impossible
to fill. Send an email to: fcc504@fcc.gov
or call the Consumer & Governmental
Affairs Bureau at 202–418–0530 (voice),
202–418–0432 (tty).
Additional information concerning
this meeting may be obtained from
Audrey Spivack or David Fiske, Office
of Media Relations, (202) 418–0500;
TTY 1–888–835–5322. Audio/Video
coverage of the meeting will be
broadcast live with open captioning
over the Internet from the FCC Live Web
page at www.fcc.gov/live.
For a fee this meeting can be viewed
live over George Mason University’s
Capitol Connection. The Capitol
Connection also will carry the meeting
live via the Internet. To purchase these
services call (703) 993–3100 or go to
www.capitolconnection.gmu.edu.
Copies of materials adopted at this
meeting can be purchased from the
FCC’s duplicating contractor, Best Copy
and Printing, Inc. (202) 488–5300; Fax
(202) 488–5563; TTY (202) 488–5562.
VerDate Mar<15>2010
18:13 Oct 22, 2013
Jkt 232001
These copies are available in paper
format and alternative media, including
large print/type; digital disk; and audio
and video tape. Best Copy and Printing,
Inc. may be reached by email at FCC@
BCPIWEB.com.
Federal Communications Commission.
Marlene H. Dortch,
Secretary, Office of the Secretary, Office of
Managing Director.
[FR Doc. 2013–24949 Filed 10–21–13; 11:15 am]
BILLING CODE 6712–01–P
FEDERAL COMMUNICATIONS
COMMISSION
Privacy Act System of Records
Federal Communications
Commission (FCC, Commission, or the
Agency).
ACTION: Notice; one altered Privacy Act
system of records; one new routine use.
AGENCY:
Under subsection (e)(4) of the
Privacy Act of 1974, as amended
(‘‘Privacy Act’’), 5 U.S.C. 552a, the FCC
proposes to change the name and alter
one system of records, FCC/OMD–3,
‘‘Federal Advisory Committee Act
(FACA) Membership Files’’ (formerly
FCC/OMD–3, ‘‘Federal Advisory
Committee (FACA) Membership Files’’).
The FCC will alter the security
classification; the system location(s); the
categories of individuals; the categories
of records; the authority for
SUMMARY:
PO 00000
Frm 00039
Fmt 4703
Sfmt 4703
maintenance of the system; the purposes
for which the information is
maintained; three routine uses (and add
routine use (7)); the storage,
retrievability, safeguards, and retention
and disposal procedures; the system
manager and address; the notification,
record access, and contesting record
procedures; the record source
categories; and make other edits and
revisions as necessary to update the
information and to comply with the
requirements of the Privacy Act, as
amended (5 U.S.C. 552a), and the
regulations and requirements of the
Office of Management and Budget
(OMB) and the National Archives and
Records Administration (NARA).
DATES: In accordance with subsections
(e)(4) and (e)(11) of the Privacy Act, any
interested person may submit written
comments concerning the alteration of
this system of records on or before
November 22, 2013. The Office of
Information and Regulatory Affairs
(OIRA), Office of Management and
Budget (OMB), which has oversight
responsibility under the Privacy Act to
review the system of records, and
Congress may submit comments on or
before December 2, 2013. The proposed
altered system of records will become
effective on December 2, 2013 unless
the FCC receives comments that require
a contrary determination. The
Commission will publish a document in
the Federal Register notifying the
public if any changes are necessary. As
E:\FR\FM\23OCN1.SGM
23OCN1
emcdonald on DSK67QTVN1PROD with NOTICES
Federal Register / Vol. 78, No. 205 / Wednesday, October 23, 2013 / Notices
required by 5 U.S.C. 552a(r) of the
Privacy Act, the FCC is submitting
reports on this proposed altered system
to OMB and to both Houses of Congress.
ADDRESSES: Address comments to Leslie
F. Smith, Privacy Analyst, Performance
Evaluation and Records Management
(PERM), Room 1–C216, Federal
Communications Commission (FCC),
445 12th Street SW., Washington, DC
20554, (202) 418–0217, or via the
Internet at Leslie.Smith@fcc.gov mail to:
Leslie.Smith@fcc.gov.
FOR FURTHER INFORMATION CONTACT:
Leslie F. Smith, Performance Evaluation
and Records Management (PERM),
Room 1–C216, Federal Communications
Commission, 445 12th Street SW.,
Washington, DC 20554, (202) 418–0217,
or via the Internet at
Leslie.Smith@fcc.gov.
SUPPLEMENTARY INFORMATION: As
required by the Privacy Act of 1974, as
amended, 5 U.S.C. 552a(e)(4) and
(e)(11), this document sets forth notice
of the proposed alteration of one system
of records maintained by the FCC, the
revision of three routine uses, and the
addition of one new routine use (7). The
FCC previously gave complete notice of
this system of records (formerly FCC/
OMD–3, ‘‘Federal Advisory Committee
Membership Files (FACA)’’) covered
under this Notice by publication in the
Federal Register on April 5, 2006 (71 FR
17234, 17249). This notice is a summary
of the more detailed information about
the proposed altered system of records,
which may be obtained or viewed under
the contact and location information
given above in the ADDRESSES section.
The purposes for altering FCC/OMD–3,
‘‘Federal Advisory Committee Act
Membership Files (FACA),’’ are to
change the title of the system of records
to be consistent with the title of the Act
creating these advisory committees (i.e.,
FCC/OMD–3, ‘‘Federal Advisory
Committee Act (FACA) Membership
Files’’); to revise the security
classification; to revise the system
location(s); to revise the categories of
individuals; to revise the categories of
records; to revise the purposes for
which the information is maintained; to
revise Routine Uses (2), (5), and (6) and
to add one new Routine Use (7); to
revise the storage, retrievability,
safeguards, and retention and disposal
procedures; to revise the system
manager and address; to revise the
notification, record access, and
contesting record procedures; to revise
the record source categories; and to
make other edits and revisions as
necessary to update the information and
to comply with the requirements of the
Privacy Act, as amended (5 U.S.C.
VerDate Mar<15>2010
18:13 Oct 22, 2013
Jkt 232001
552a), and the regulations and
requirements of the Office of
Management and Budget (OMB) and the
National Archives and Records
Administration (NARA).
The FCC will achieve these purposes
by altering this system of records with
these changes:
Revision of language in the security
classification, for clarity and to note that
[t]he FCC’s Security Operations Center
(SOC) has not assigned a security
classification to this system of records;
Revision of the language in the system
location(s), for clarity and: (1) To update
information concerning the General
Files, Financial Disclosure Files, and
Committee-specific Files:
1. General Files: Associate Managing
Director-Performance Evaluation and
Records Management (PERM), Office of
Managing Director (OMD), Federal
Communications Commission (FCC),
445 12th Street SW., Washington, DC
20554; (202) 418–2178.
2. Financial Disclosure Files (i.e.,
OGE Form 450 and FCC Form A54A):
Office of General Counsel (OGC),
Federal Communication Commission
(FCC), 445 12th Street SW., Washington,
DC 20554; (202) 418–1720;
3. Committee-specific Files:
Information concerning the FCC’s
current FACA Committees may be
found at: https://www.fcc.gov/
encyclopedia/advisory-committees-fcc
Revision of the language regarding the
Categories of Individuals Covered by the
System, for clarity and to note that [t]he
categories of individuals in this system
include, but are not limited to those
individuals who are:
1. Members of Federal Advisory
Committee Act (FACA) committees
(‘‘advisory committee’’ or ‘‘committee’’)
sponsored or co-sponsored by the
Federal Communications Commission
(FCC);
2. Individual participants in FACA
working groups/subcommittees (who
are not necessarily appointed members
of the advisory committee); and
3. Administrative Assistant(s) or other
similar contact(s) within the
organization that an advisory committee
member represents.
Revision of the language regarding the
Categories of Records in the System, for
clarity and to note that [t]he categories
of records include, but are not limited
to:
1. FACA Committee Members:
Member’s full name, home
address(es), organization represented,
home email address(es), home
telephone and personal cellphone
number(s), fax number(s), resume (e.g.,
which includes, but is not limited to full
PO 00000
Frm 00040
Fmt 4703
Sfmt 4703
63197
name, home address, home, cell, and
other telephone numbers, home fax
number(s), home email address(es),
work experience, educational
attainment, and references), nominee’s
qualifications statement, and/or letters
of recommendation (e.g., which
includes, but is not limited to the
reference’s name, address, telephone
numbers(s), email address(es), and
personal evaluation/recommendation of
their colleague’s job performance, skills,
abilities, and related information),
Federal lobbyist status (yes/no), area(s)
of expertise, and occupation (or title),
and tribal, (non-English speaking)
linguistic, disability, elderly, and
related group affiliation(s), which, are
kept with the member’s respective
advisory committee.
2. Individual participants in FACA
working groups/subcommittees (who
are not necessarily appointed members
of the advisory committee):
Participant’s full name, home
address(es), organization represented,
home email address(es), home
telephone and personal cellphone
number(s), fax number(s), resume (e.g.,
which includes, but is not limited to the
full name, home address, home, cell,
and other telephone numbers, home fax
number(s), home email address(es),
work experience, educational
attainment, and references), nominee’s
qualifications statement, and/or letters
of recommendation (e.g., which
includes, but is not limited to the
reference’s name, address, telephone
numbers(s), email address(es), and
personal evaluation/recommendation of
their colleague’s job performance, skills,
abilities, and related information),
Federal lobbyist status (yes/no), area(s)
of expertise, and occupation (or title),
and tribal, (non-English speaking)
linguistic, disability, elderly, and
related group affiliation(s), which, are
kept with the member’s respective
advisory committee.
3. Committee Members’ assistant(s) or
organizational contact(s):
Assistant/organizational contact’s full
name, home address(es), organization
represented, home email address(es),
home telephone and personal cellphone
number(s), fax number(s), resume (e.g.,
which includes, but is not limited to the
full name, home address, home, cell,
and other telephone numbers, home fax
number(s), home email address(es), and
related information), Federal lobbyist
status (yes/no), area(s) of expertise, and
occupation (or title), and tribal, (nonEnglish speaking) linguistic, disability,
elderly, and related group affiliation(s),
which are kept with the member’s
respective advisory committee.
E:\FR\FM\23OCN1.SGM
23OCN1
emcdonald on DSK67QTVN1PROD with NOTICES
63198
Federal Register / Vol. 78, No. 205 / Wednesday, October 23, 2013 / Notices
4. Originals or copies of the financial
disclosure form, OGE Form 450, which
the FACA committee members may be
required to file in accordance with the
requirements of the Ethics in
Government Act of 1978 and the Ethics
Reform Act of 1989, as amended, and
E.O. 12674, as modified.
Revision of the Authority for
Maintenance of the System to correct an
inaccuracy in the citation for the
Federal Advisory Committee Act
(FACA), 5 U.S.C., Appendix 2; but to
expand the authorities to include 5
U.S.C. App. (‘‘Ethics in Government
Act’’); and Executive Order (E.O.) 12674
(as modified by E.O. 12731).
Revision of the language regarding the
Purpose(s) for which the information in
the system is maintained, for clarity and
to note that [t]his system covers the
personally identifiable information (PII)
that is contained in the information
about the members of the FCC’s FACA
committees, which includes, but is not
limited to their contact data. The FCC’s
uses for this information include, but
are not limited to:
1. Communicating effectively and
promptly with these individuals (i.e.,
FCC’s FACA committee members and
alternatives);
2. Completing mandatory reports to
the Congress and the General Services
Administration (GSA) about FACA
committee matters; and
3. Ensuring compliance with all
ethical and conflict-of-interest
requirements concerning the members
of the FCC’s FACA committees,
including the requirements in OGE
Form 450.
Revision of the language in Routine
Use (2) ‘‘Public Access’’ to note that
[t]he public can access information
about the FCC’s Federal Advisory
Committee Act (FACA) committees at:
https://www.fcc.gov/encyclopedia/
advisory-committee-fcc, as well as in the
searchable database found on the
General Services Administration’s
(GSA) Web site at https://www.fido.gov/
facadatabase/;
Revision of the language in Routine
Use (5) ‘‘Congressional Inquiries’’ to
note that a record from this system may
be disclosed [w]hen requested by a
Congressional office in response to an
inquiry by an individual made to the
Congressional office for the individual’s
own records;
Revision of the language in Routine
Use (6) ‘‘Government-wide Program
Management and Oversight’’ to note that
a record from this system may be
disclosed [w]hen requested by the
General Services Administration (GSA),
the National Archives and Records
Administration (NARA), and/or the
VerDate Mar<15>2010
18:13 Oct 22, 2013
Jkt 232001
Government Accountability Office
(GAO) for the purpose of records
management inspections conducted
under authority of 44 U.S.C. 2904 and
2906 (such disclosure(s) shall not be
used to make a determination about
individuals); when the U.S. Department
of Justice (DOJ) is contacted in order to
obtain that department’s advice
regarding disclosure obligations under
the Freedom of Information Act (FOIA);
or when the Office of Management and
Budget (OMB) is contacted in order to
obtain that office’s advice regarding
obligations under the Privacy Act; and
Addition of Routine Use (7) to address
any ‘‘breach of Federal data’’ situation(s)
to comply with OMB Memorandum M–
07–16 (May 22, 2007), as follows:
Routine Use (7) ‘‘Breach
Notification’’—A record from this
system may be disclosed to appropriate
agencies, entities, and persons when: (1)
The Commission suspects or has
confirmed that the security or
confidentiality of information in the
system of records has been
compromised; (2) the Commission has
determined that as a result of the
suspected or confirmed compromise
there is a risk of harm to economic or
property interests, identity theft or
fraud, or harm to the security or
integrity of this system or other systems
or programs (whether maintained by the
Commission or another agency or entity)
that rely upon the compromised
information; and (3) the disclosure
made to such agencies, entities, and
persons is reasonably necessary to assist
in connection with the Commission’s
efforts to respond to the suspected or
confirmed compromise and prevent,
minimize, or remedy such harm.
Revision of the language regarding the
Storage procedures for information in
the system, for clarity and to note that
the information in this system includes:
1. Paper documents, reports, and files
(except OGE Form 450 files) that are
maintained in file folders in file
cabinets in the office suites of the
Performance Evaluation and Records
Management (PERM) and the
Designated Federal Officers (DFOs) in
the Bureaus and Offices (B/Os);
2. Electronic data, records, and files
that are stored in the FCC’s computer
network databases; and
3. Original and any copies (paper
format) of OGE Form 450 files,
documents, and records are maintained
in file folders in file cabinets in the OGC
office suite.
Revision of the language regarding the
Retrievability of information in the
system, for clarity and to note that:
1. The FACA records (except OGE
Form 450 files) are grouped primarily by
PO 00000
Frm 00041
Fmt 4703
Sfmt 4703
the name of the FACA committee or
subcommittee. Under this filing
hierarchy, records can then be retrieved
by the name of the committee member;
and
2. OGE Form 450 files are retrieved by
the individual’s name or other
programmatic identifier assigned to the
individual on whom they are
maintained.
Revision of the language regarding the
Safeguards for information in the
system, for clarity and to note that:
1. FACA paper records documents,
records, and files (except OGE Form 450
files) are maintained in file cabinets in
the office suites of PERM and the DFO’s
Bureau or Office (B/O). These file
cabinets are locked at the end of each
business day. Access to each office suite
is through a card-coded main door.
Access to these files is restricted to the
PERM supervisors and staff and to the
DFO’s authorized supervisors and staff
in each Bureau or Office;
2. Paper copies of OGE Form 450 files,
documents, and records are maintained
in file cabinets in the OGC office suite.
These file cabinets are locked at the end
of each business day. Access to the OGC
office suite is through a card-coded
main door. Access to these files is
restricted to OGC supervisors and staff;
and
3. Access to the FACA electronic
records, files, and data, which are
housed in the FCC’s computer network
databases, is restricted to authorized
PERM supervisors and staff; to the
supervisors and staff in each DFO’s
Bureau/Office; to the OGC supervisors
and staff for OGE Form 450 files; and to
the Information Technology Center
(ITC) staff and contractors, who
maintain the FCC’s computer network.
Other FCC employees and contractors
may be granted access only on a ‘‘needto-know’’ basis. The FCC’s computer
network databases are protected by the
FCC’s security protocols, which include
controlled access, passwords, and other
IT safety and security features.
Information resident on the FACA
database servers is backed-up routinely
onto magnetic media. Back-up tapes are
stored on-site and at a secured, off-site
location.
Revision of the language regarding the
Retention and Disposal of information
in the system, for clarity and to note that
[t]he FCC maintains and disposes of
these records in accordance with
General Records Schedule 26 (GRS 26),
‘‘Temporary Commissions, Boards,
Councils and Committees,’’ issued by
the National Archives and Records
Administration (NARA). Under the GRS
26:
E:\FR\FM\23OCN1.SGM
23OCN1
emcdonald on DSK67QTVN1PROD with NOTICES
Federal Register / Vol. 78, No. 205 / Wednesday, October 23, 2013 / Notices
The FCC maintains and disposes of
these records in accordance with
General Records Schedule 26 (GRS 26),
‘‘Temporary Commissions, Boards,
Councils and Committees,’’ issued by
the National Archives and Records
Administration (NARA). Under the GRS
26:
1. (a) FACA files documenting the
Commission’s establishment,
membership, policy, organization,
deliberations, findings, and
recommendations (except OGE Form
450 files) are transferred to the National
Archives on termination of the
Commission. Earlier periodic transfers
are authorized for committees operating
for three years or longer (N1–GRS–07–
5 item). These files include such records
as:
• Other materials that document the
organization and functions of the
Commission and original charter,
renewal and amended charters,
organization charts, functional
statements, directives or memorandums
to staff concerning their responsibilities,
and its components;
• Agendas, briefing books, minutes,
testimony, and transcripts of meetings
and hearings as well as audiotapes and/
or videotapes of meetings and hearings
which were not fully transcribed;
• One copy each of reports, studies,
pamphlets, posters (2 copies) and other
publications produced by or for the
commission as well as news releases,
commissioners’ speeches, formal
photographs and other significant
public affairs files;
• Correspondence, subject and other
files maintained by key commission
staff, such as the chair, executive
director, and legal counsel,
documenting the functions of the
commission;
• Substantive records relating to
research studies and other projects,
including unpublished studies and
reports and substantive research
materials (may include electronic data);
• Questionnaires, surveys and other
raw data accumulated in connection
with research studies and other projects
where the information has been
consolidated or aggregated in analyses,
reports, or studies covered by Item 2(a)
(may include data maintained
electronically);
• Records created to comply with the
provisions of the Government in the
Sunshine Act, annual reports to
Congress describing the agency’s
compliance with the act;
• Documentation of subcommittees,
working groups, or other subgroups of
advisory committees, that support their
reports and recommendations to the full
or parent committee. This
VerDate Mar<15>2010
18:13 Oct 22, 2013
Jkt 232001
documentation may include, but is not
limited to minutes, transcripts, reports,
correspondence, briefing materials, and
other related records; and
• Documentation of formally
designated subcommittees and working
groups. This documentation may
include, but is not limited to minutes,
transcripts, reports, correspondence,
briefing materials, and other related
records.
(b) FACA files (paper and electronic
formats) that relate to day-to-day
advisory committee activities and/or do
not contain unique information of
historical value are destroyed or deleted
when three years old (N1–GRS–07–1
item 2b). The paper records are
destroyed by shredding. The electronic
files are deleted by electronic erasure.
These files include such records as:
• Correspondence, reference and
working files of Commission staff
(excluding files covered by Item 2(a));
• Audiotapes and videotapes of
Commission meetings and hearings that
have been fully transcribed, informal
still photographs and slides of
Commission members and staff,
meetings, hearings, and other events;
• Other routine records, such as
public mail, requests for information,
consultant personnel files, records
relating to logistical aspects of
Commission meetings and hearings,
etc.; and
• Extra copies of records described in
Item 2(a), e.g., copies of meeting agenda
and minutes distributed to commission
members and staff, files accumulated by
agencies on interagency bodies other
than the secretariat or sponsor.
Notes: Prior to destruction/deletion,
NARA, in consultation with FCC staff, will
review these records and may identify files
that warrant permanent retention. Such
records will be transferred to the National
Archives at the time that related permanent
records are transferred (N1–GRS–07–1 item
2b Note).
2. Copies of FACA commission
records, e.g., agendas, meeting minutes,
final reports, and related records created
by or documenting the
accomplishments of boards and
commissions are destroyed when three
years old (N1–GRS–04–1 item 3). The
paper records are destroyed by
shredding. The electronic files are
deleted by electronic erasure.
3. Records that are maintained by
FACA committee management officers
that pertain to a FACA committee’s
establishment, appointment of
members, and operation and
termination, etc., are destroyed when
six years old (N1–GRS–04–1 item 4).
The paper records are destroyed by
PO 00000
Frm 00042
Fmt 4703
Sfmt 4703
63199
shredding. The electronic files are
deleted by electronic erasure.
4. OGE Form 450 files, documents,
and records (including both paper and
electronic formats) are generally
retained for six years after filing
following dissolution of the FACA
Committee (except when filed by or
with respect to a nominee for an
appointment requiring confirmation by
the Senate when the nominee is not
appointed. In such cases, the records are
generally destroyed one year after the
date the individual ceased being under
Senate consideration for appointment.
However, if any records are needed in
an ongoing investigation, they will be
retained until no longer needed in the
investigation). The paper records are
destroyed by shredding. The electronic
records are destroyed by electronic
deletion or erasure.
Revision of the language regarding the
System Manager(s) and Address of the
system, for clarity and to note that the
system manager is the Assistant
Managing Director, Performance
Evaluation and Records Management
(PERM), Office of Managing Director
(OMD), Federal Communications
Commission (FCC), 445 12th Street SW.,
Washington, DC 20554.
Revision of the Notification, Record
Access, and Contesting Record
Procedures for the system, for clarity
and to note that individuals seeking
information about themselves in this
system should address their inquiries to
the Privacy Analyst, Performance
Evaluation and Records Management
(PERM), Federal Communications
Commission (FCC), 445 12th Street SW.,
Washington, DC 20554, or https://
transition.fcc.gov/omd/privacyact/
request.html.
Revision of the language regarding the
Record Source Categories for the system,
for clarity and to note that [i]nformation
in this system includes, but is not
limited to the information that is
obtained from the FACA committee
members, including their OGE Form
450; the Designated Federal Officer
(DFO) reporting on FACA committee
membership and activities; and the
results of the work of the advisory
committees.
Revision of, updating, or otherwise
changing the information in the SORN,
as necessary, to make it conform to the
way the FCC’s bureaus and offices
manage the membership, functions, and
activities of their FACA committees.
This notice meets the requirement
documenting the changes to the system
of records that the FCC maintains, and
provides the public, Congress, and the
Office of Management and Budget
(OMB) an opportunity to comment.
E:\FR\FM\23OCN1.SGM
23OCN1
63200
Federal Register / Vol. 78, No. 205 / Wednesday, October 23, 2013 / Notices
FCC/OMD–3
SYSTEM NAME: FEDERAL ADVISORY COMMITTEE
ACT (FACA) MEMBERSHIP FILES.
SECURITY CLASSIFICATION:
The FCC’s Security Operations Center
(SOC) has not assigned a security
classification to this system of records.
SYSTEM LOCATION:
1. General Files: Associate Managing
Director—Performance Evaluation and
Records Management (PERM), Office of
Managing Director (OMD), Federal
Communications Commission (FCC),
445 12th Street SW., Washington, DC
20554; (202) 418–2178.
2. Financial Disclosure Files (i.e.,
OGE Form 450 and FCC Form A54A):
Office of General Counsel (OGC),
Federal Communications Commission
(FCC), 445 12th Street SW., Washington,
DC 20554; (202) 418–1720.
3. Committee-Specific Files:
Information concerning the FCC’s
current FACA Committees may be
found at: https://www.fcc.gov/
encyclopedia/advisory-committees-fcc.
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
The categories of individuals in this
system include, but are not limited to
those individuals who are:
1. Members of Federal Advisory
Committee Act (FACA) committees
(‘‘advisory committee’’ or ‘‘committee’’)
sponsored or co-sponsored by the
Federal Communications Commission
(FCC);
2. Individual participants in FACA
working groups/subcommittees (who
are not necessarily appointed members
of the advisory committee); and
3. Administrative Assistant(s) or other
similar contact(s) within the
organization that an advisory committee
member represents.
emcdonald on DSK67QTVN1PROD with NOTICES
CATEGORIES OF RECORDS IN THE SYSTEM:
The categories of records in this
system include, but are not limited to:
1. FACA Committee Members:
Member’s full name, home
address(es), organization represented,
home email address(es), home
telephone and personal cellphone
number(s), fax number(s), resume (e.g.,
which includes, but is not limited to the
full name, home address, home, cell,
and other telephone numbers, home fax
number(s), home email address(es),
work experience, educational
attainment, and references), nominee’s
qualifications statement, and/or letters
of recommendation (e.g., which
includes, but is not limited to the
reference’s name, address, telephone
numbers(s), email address(es), and
VerDate Mar<15>2010
18:13 Oct 22, 2013
Jkt 232001
personal evaluation/recommendation of
their colleague’s job performance, skills,
abilities, and related information),
Federal lobbyist status (yes/no), area(s)
of expertise, and occupation (or title),
and tribal, (non-English speaking)
linguistic, disability, elderly, and
related group affiliation(s), which, are
kept with the member’s respective
advisory committee.
2. Individual participants in FACA
working groups/subcommittees (who
are not necessarily members of the
advisory committee):
Participant’s full name, home
address(es), organization represented,
home email address(es), home
telephone and personal cellphone
number(s), fax number(s), resume (e.g.,
which includes, but is not limited to the
full name, home address, home, cell,
and other telephone numbers, home fax
number(s), home email address(es),
work experience, educational
attainment, and references), nominee’s
qualifications statement, and/or letters
of recommendation (e.g., which
includes, but is not limited to the
reference’s name, address, telephone
numbers(s), email address(es), and
personal evaluation/recommendation of
their colleague’s job performance, skills,
abilities, and related information),
Federal lobbyist status (yes/no), area(s)
of expertise, and occupation (or title),
and tribal, (non-English speaking)
linguistic, disability, elderly, and
related group affiliation(s), which, are
kept with the member’s respective
advisory committee.
3. Committee Members’ assistants or
organizational contacts:
Assistant/organizational contact’s full
name, home address(es), organization
represented, home email address(es),
home telephone and personal cellphone
number(s), fax number(s), resume (e.g.,
which includes, but is not limited to the
full name, home address, home, cell,
and other telephone numbers, home fax
number(s), home email address(es), and
related information), Federal lobbyist
status (yes/no), area(s) of expertise, and
occupation (or title), and tribal, (nonEnglish speaking) linguistic, disability,
elderly, and related group affiliation(s),
which are kept with the member’s
respective advisory committee.
4. Originals or copies of the financial
disclosure form, OGE Form 450, which
the FACA committee members may be
required to file in accordance with the
requirements of the Ethics in
Government Act of 1978 and the Ethics
Reform Act of 1989, as amended, and
E.O. 12674, as modified.
PO 00000
Frm 00043
Fmt 4703
Sfmt 4703
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
Federal Advisory Committee Act
(FACA), 5 U.S.C. Appendix 2; 5 U.S.C.
App. (‘‘Ethics in Government Act’’); and
Executive Order (E.O.) 12674 (as
modified by E.O. 12731).
PURPOSE(S):
This system covers the personally
identifiable information (PII) that is
contained in the information about the
members of the FCC’s Federal Advisory
Committee Act (FACA) committees,
which includes, but is not limited to
their contact data. The FCC’s uses for
this information include, but are not
limited to:
1. Communicating effectively and
promptly with these individuals (i.e.,
FCC’s FACA committee members);
2. Completing mandatory reports to
the Congress and the General Services
Administration (GSA) about FACA
advisory committee matters; and
3. Ensuring compliance with all
ethical and conflict-of-interest
requirements concerning the members
of the FCC’s FACA advisory
committees, including the requirements
in OGE Form 450.
ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES OF USERS AND
THE PURPOSES OF SUCH USES:
Information about individuals in this
system of records may routinely be
disclosed under the following
conditions:
1. Committee Communication and
Reporting—A record in this system may
be disclosed to the Chair (or Vice Chair)
of the Advisory Committee for purposes
of determining membership on
appropriate subcommittees or
assignment of tasks to achieve the
committee’s goals, and/or used to
distribute information to the FACA
committee members for the purposes of
conducting meetings, general committee
business, and/or preparing reports on
the membership and work of the
committee;
2. Public Access—The public can
access information about the FCC’s
Federal Advisory Committee Act
(FACA) committees at: https://
www.fcc.gov/encyclopedia/advisorycommittee-fcc, as well as in the
searchable database found on the
General Services Administration’s
(GSA) Web site at https://www.fido.gov/
facadatabase/;
3. Adjudication and Litigation—
Where by careful review, the agency
determines that the records are both
relevant and necessary to litigation and
the use of such records is deemed by the
Agency to be for a purpose that is
compatible with the purpose for which
E:\FR\FM\23OCN1.SGM
23OCN1
emcdonald on DSK67QTVN1PROD with NOTICES
Federal Register / Vol. 78, No. 205 / Wednesday, October 23, 2013 / Notices
the Agency collected the records, these
records may be used by a court or
adjudicative body in a proceeding
when: (a) The Agency or any component
thereof; or (b) any employee of the
Agency in his or her official capacity; or
(c) any employee of the Agency in his
or her individual capacity where the
Agency has agreed to represent the
employee; or (d) the United States
Government is a party to litigation or
has an interest in such litigation;
4. Law Enforcement and
Investigation—Where there is an
indication of a violation or potential
violation of a statute, regulation, rule, or
order, records from this system may be
shared with appropriate Federal, State,
or local authorities either for purposes
of obtaining additional information
relevant to a FCC decision or for
referring the record for investigation,
enforcement, or prosecution by another
agency;
5. Congressional Inquiries—When
requested by a Congressional office in
response to an inquiry by an individual
made to the Congressional office for the
individual’s own records;
6. Government-wide Program
Management and Oversight—When
requested by the General Services
Administration (GSA), the National
Archives and Records Administration
(NARA), and/or the Government
Accountability Office (GAO) for the
purpose of records management
inspections conducted under authority
of 44 U.S.C. 2904 and 2906 (such
disclosure(s) shall not be used to make
a determination about individuals);
when the U.S. Department of Justice
(DOJ) is contacted in order to obtain that
department’s advice regarding
disclosure obligations under the
Freedom of Information Act; or when
the Office of Management and Budget is
contacted in order to obtain that office’s
advice regarding obligations under the
Privacy Act; and
7. Breach Notification—A record from
this system may be disclosed to
appropriate agencies, entities, and
persons when: (1) The Commission
suspects or has confirmed that the
security or confidentiality of
information in the system of records has
been compromised; (2) the Commission
has determined that as a result of the
suspected or confirmed compromise
there is a risk of harm to economic or
property interests, identity theft or
fraud, or harm to the security or
integrity of this system or other systems
or programs (whether maintained by the
Commission or another agency or entity)
that rely upon the compromised
information; and (3) the disclosure
made to such agencies, entities, and
VerDate Mar<15>2010
18:13 Oct 22, 2013
Jkt 232001
persons is reasonably necessary to assist
in connection with the Commission’s
efforts to respond to the suspected or
confirmed compromise and prevent,
minimize, or remedy such harm.
In each of these cases, the FCC will
determine whether disclosure of the
records is compatible with the purpose
for which the records were collected.
DISCLOSURE TO CONSUMER REPORTING
AGENCIES:
None.
POLICIES AND PRACTICES FOR STORING,
RETRIEVING, ACCESSING, RETAINING, AND
DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
The information in this system
includes:
1. Paper documents, records, and files
(except OGE Form 450 files) that are
maintained in file folders in file
cabinets in the office suites of the
Performance Evaluation and Records
Management (PERM) and the
Designated Federal Officers (DFOs) in
the Bureaus and Offices (B/Os);
2. Electronic data, records, and files
that are stored in the FCC’s computer
network databases; and
3. Original and any copies (paper
format) of OGE Form 450 files,
documents, and records are maintained
in file folders in file cabinets in the OGC
office suite.
RETRIEVABILITY:
1. The FACA records (except OGE
Form 450 files) are grouped primarily by
the name of the FACA committee or
subcommittee. Under this filing
hierarchy, records can then be retrieved
by the name of the committee member;
and
2. OGE Form 450 files are retrieved by
the individual’s name or other
programmatic identifier assigned to the
individual on whom they are
maintained.
SAFEGUARDS:
1. FACA paper records documents,
records, and files (except OGE Form 450
files) are maintained in file cabinets in
the office suites of PERM and the DFO’s
Bureau or Office (B/O). These file
cabinets are locked at the end of each
business day. Access to each office suite
is through a card-coded main door.
Access to these files is restricted to the
PERM supervisors and staff and to the
DFO’s authorized supervisors and staff
in each Bureau or Office;
2. Paper copies of OGE Form 450 files,
documents, and records are maintained
in file cabinets in the OGC office suite.
These file cabinets are locked at the end
of each business day. Access to the OCG
OGC office suite is through a card-coded
PO 00000
Frm 00044
Fmt 4703
Sfmt 4703
63201
main door. Access to these files is
restricted to OGC supervisors and staff;
and
3. Access to the FACA electronic
records, files, and data, which are
housed in the FCC’s computer network
databases, is restricted to authorized
PERM supervisors and staff; to the
supervisors and staff in each DFO’s
Bureau/Office; to the OGC supervisors
and staff for OGE Form 450 files; and to
the Information Technology Center
(ITC) staff and contractors, who
maintain the FCC’s computer network.
Other FCC employees and contractors
may be granted access only on a ‘‘needto-know’’ basis. The FCC’s computer
network databases are protected by the
FCC’s security protocols, which include
controlled access, passwords, and other
IT safety and security features.
Information resident on the FACA
database servers is backed-up routinely
onto magnetic media. Back-up tapes are
stored on-site and at a secured, off-site
location.
RETENTION AND DISPOSAL:
The FCC maintains and disposes of
these records in accordance with
General Records Schedule 26 (GRS 26),
‘‘Temporary Commissions, Boards,
Councils and Committees,’’ issued by
the National Archives and Records
Administration (NARA). Under the GRS
26:
1. (a) FACA files documenting the
Commission’s establishment,
membership, policy, organization,
deliberations, findings, and
recommendations (except OGE Form
450 files) are transferred to the National
Archives on termination of the
Commission. Earlier periodic transfers
are authorized for committees operating
for three years or longer (N1–GRS–07–
5 item). These files include such records
as:
• Other materials that document the
organization and functions of the
Commission and original charter,
renewal and amended charters,
organization charts, functional
statements, directives or memorandums
to staff concerning their responsibilities,
and its components;
• Agendas, briefing books, minutes,
testimony, and transcripts of meetings
and hearings as well as audiotapes and/
or videotapes of meetings and hearings
which were not fully transcribed;
• One copy each of reports, studies,
pamphlets, posters (2 copies) and other
publications produced by or for the
commission as well as news releases,
commissioners’ speeches, formal
photographs and other significant
public affairs files;
E:\FR\FM\23OCN1.SGM
23OCN1
emcdonald on DSK67QTVN1PROD with NOTICES
63202
Federal Register / Vol. 78, No. 205 / Wednesday, October 23, 2013 / Notices
• Correspondence, subject and other
files maintained by key commission
staff, such as the chair, executive
director, and legal counsel,
documenting the functions of the
commission;
• Substantive records relating to
research studies and other projects,
including unpublished studies and
reports and substantive research
materials (may include electronic data);
• Questionnaires, surveys and other
raw data accumulated in connection
with research studies and other projects
where the information has been
consolidated or aggregated in analyses,
reports, or studies covered by Item 2(a)
(may include data maintained
electronically);
• Records created to comply with the
provisions of the Government in the
Sunshine Act, annual reports to
Congress describing the agency’s
compliance with the act;
• Documentation of subcommittees,
working groups, or other subgroups of
advisory committees, that support their
reports and recommendations to the full
or parent committee. This
documentation may include, but is not
limited to minutes, transcripts, reports,
correspondence, briefing materials, and
other related records; and
• Documentation of formally
designated subcommittees and working
groups. This documentation may
include, but is not limited to minutes,
transcripts, reports, correspondence,
briefing materials, and other related
records.
(b) FACA files (paper and electronic
formats) that relate to day-to-day
advisory committee activities and/or do
not contain unique information of
historical value are destroyed or deleted
when three years old (N1–GRS–07–1
item 2b). The paper records are
destroyed by shredding. The electronic
files are deleted by electronic erasure.
These files include such records as:
• Correspondence, reference and
working files of Commission staff
(excluding files covered by Item 2(a));
• Audiotapes and videotapes of
Commission meetings and hearings that
have been fully transcribed, informal
still photographs and slides of
Commission members and staff,
meetings, hearings, and other events;
• Other routine records, such as
public mail, requests for information,
consultant personnel files, records
relating to logistical aspects of
Commission meetings and hearings,
etc.; and
• Extra copies of records described in
Item 2(a), e.g., copies of meeting agenda
and minutes distributed to commission
members and staff, files accumulated by
VerDate Mar<15>2010
18:13 Oct 22, 2013
Jkt 232001
agencies on interagency bodies other
than the secretariat or sponsor.
Notes: Prior to destruction/deletion,
NARA, in consultation with FCC staff, will
review these records and may identify files
that warrant permanent retention. Such
records will be transferred to the National
Archives at the time that related permanent
records are transferred (N1–GRS–07–1 item
2b Note).
2. Copies of FACA commission
records, e.g., agendas, meeting minutes,
final reports, and related records created
by or documenting the
accomplishments of boards and
commissions are destroyed when three
years old (N1–GRS–04–1 item 3). The
paper records are destroyed by
shredding. The electronic files are
deleted by electronic erasure.
3. Records that are maintained by
FACA committee management officers
that pertain to a FACA committee’s
establishment, appointment of
members, and operation and
termination, etc., are destroyed when
six years old (N1–GRS–04–1 item 4).
The paper records are destroyed by
shredding. The electronic files are
deleted by electronic erasure.
4. OGE Form 450 files, documents,
and records (including both paper and
electronic formats) are generally
retained for six years after filing
following dissolution of the FACA
Committee (except when filed by or
with respect to a nominee for an
appointment requiring confirmation by
the Senate when the nominee is not
appointed. In such cases, the records are
generally destroyed one year after the
date the individual ceased being under
Senate consideration for appointment.
However, if any records are needed in
an ongoing investigation, they will be
retained until no longer needed in the
investigation). The paper records are
destroyed by shredding. The electronic
records are destroyed by electronic
deletion or erasure.
SYSTEM MANAGER(S) AND ADDRESS:
Assistant Managing Director,
Performance Evaluation and Records
Management (PERM), Office of
Managing Director (OMD), Federal
Communications Commission (FCC),
445 12th Street SW., Washington, DC
20554.
NOTIFICATION PROCEDURE:
Privacy Analyst, Performance
Evaluation and Records Management
(PERM), Federal Communications
Commission (FCC), 445 12th Street SW.,
Washington, DC 20554, or https://
transition.fcc.gov/omd/privacyact/
request.html.
PO 00000
Frm 00045
Fmt 4703
Sfmt 9990
RECORD ACCESS PROCEDURES:
Privacy Analyst, Performance
Evaluation and Records Management
(PERM), Federal Communications
Commission (FCC), 445 12th Street SW.,
Washington, DC 20554, or https://
transition.fcc.gov/omd/privacyact/
request.html.
CONTESTING RECORD PROCEDURES:
Privacy Analyst, Performance
Evaluation and Records Management
(PERM), Federal Communications
Commission (FCC), 445 12th Street SW.,
Washington, DC 20554, or https://
transition.fcc.gov/omd/privacyact/
request.html.
RECORD SOURCE CATEGORIES:
Information in this system includes,
but is not limited to the information that
is obtained from the FACA committee
members, including their OGE Form 450
filings; the Designated Federal Officer
(DFO) reporting on FACA committee
membership and activities; and the
results of the work of the advisory
committees.
EXEMPTIONS CLAIMED FOR THE SYSTEM:
None.
Federal Communications Commission.
Marlene H. Dortch,
Secretary, Office of the Secretary, Office of
Managing Director.
[FR Doc. 2013–24757 Filed 10–22–13; 8:45 am]
BILLING CODE 6712–01–P
FEDERAL ELECTION COMMISSION
Sunshine Act Meeting
Federal Election Commission.
& TIME: Tuesday, October 22, 2013
at 10:00 a.m.
PLACE: 999 E Street NW., Washington,
DC.
STATUS: This Meeting Will Be Closed To
The Public.
ITEMS TO BE DISCUSSED:
Compliance matters pursuant to 2
U.S.C. 437g.
Information the premature disclosure
of which would be likely to have a
considerable adverse effect on the
implementation of a proposed
Commission action.
*
*
*
*
*
PERSON TO CONTACT FOR INFORMATION:
Judith Ingram, Press Officer, Telephone:
(202) 694–1220.
AGENCY:
DATE
Shelley E. Garr,
Deputy Secretary of the Commission.
[FR Doc. 2013–25083 Filed 10–21–13; 4:15 pm]
BILLING CODE 6715–01–P
E:\FR\FM\23OCN1.SGM
23OCN1
Agencies
[Federal Register Volume 78, Number 205 (Wednesday, October 23, 2013)]
[Notices]
[Pages 63196-63202]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-24757]
-----------------------------------------------------------------------
FEDERAL COMMUNICATIONS COMMISSION
Privacy Act System of Records
AGENCY: Federal Communications Commission (FCC, Commission, or the
Agency).
ACTION: Notice; one altered Privacy Act system of records; one new
routine use.
-----------------------------------------------------------------------
SUMMARY: Under subsection (e)(4) of the Privacy Act of 1974, as amended
(``Privacy Act''), 5 U.S.C. 552a, the FCC proposes to change the name
and alter one system of records, FCC/OMD-3, ``Federal Advisory
Committee Act (FACA) Membership Files'' (formerly FCC/OMD-3, ``Federal
Advisory Committee (FACA) Membership Files''). The FCC will alter the
security classification; the system location(s); the categories of
individuals; the categories of records; the authority for maintenance
of the system; the purposes for which the information is maintained;
three routine uses (and add routine use (7)); the storage,
retrievability, safeguards, and retention and disposal procedures; the
system manager and address; the notification, record access, and
contesting record procedures; the record source categories; and make
other edits and revisions as necessary to update the information and to
comply with the requirements of the Privacy Act, as amended (5 U.S.C.
552a), and the regulations and requirements of the Office of Management
and Budget (OMB) and the National Archives and Records Administration
(NARA).
DATES: In accordance with subsections (e)(4) and (e)(11) of the Privacy
Act, any interested person may submit written comments concerning the
alteration of this system of records on or before November 22, 2013.
The Office of Information and Regulatory Affairs (OIRA), Office of
Management and Budget (OMB), which has oversight responsibility under
the Privacy Act to review the system of records, and Congress may
submit comments on or before December 2, 2013. The proposed altered
system of records will become effective on December 2, 2013 unless the
FCC receives comments that require a contrary determination. The
Commission will publish a document in the Federal Register notifying
the public if any changes are necessary. As
[[Page 63197]]
required by 5 U.S.C. 552a(r) of the Privacy Act, the FCC is submitting
reports on this proposed altered system to OMB and to both Houses of
Congress.
ADDRESSES: Address comments to Leslie F. Smith, Privacy Analyst,
Performance Evaluation and Records Management (PERM), Room 1-C216,
Federal Communications Commission (FCC), 445 12th Street SW.,
Washington, DC 20554, (202) 418-0217, or via the Internet at
Leslie.Smith@fcc.gov mail to: Leslie.Smith@fcc.gov.
FOR FURTHER INFORMATION CONTACT: Leslie F. Smith, Performance
Evaluation and Records Management (PERM), Room 1-C216, Federal
Communications Commission, 445 12th Street SW., Washington, DC 20554,
(202) 418-0217, or via the Internet at Leslie.Smith@fcc.gov.
SUPPLEMENTARY INFORMATION: As required by the Privacy Act of 1974, as
amended, 5 U.S.C. 552a(e)(4) and (e)(11), this document sets forth
notice of the proposed alteration of one system of records maintained
by the FCC, the revision of three routine uses, and the addition of one
new routine use (7). The FCC previously gave complete notice of this
system of records (formerly FCC/OMD-3, ``Federal Advisory Committee
Membership Files (FACA)'') covered under this Notice by publication in
the Federal Register on April 5, 2006 (71 FR 17234, 17249). This notice
is a summary of the more detailed information about the proposed
altered system of records, which may be obtained or viewed under the
contact and location information given above in the ADDRESSES section.
The purposes for altering FCC/OMD-3, ``Federal Advisory Committee Act
Membership Files (FACA),'' are to change the title of the system of
records to be consistent with the title of the Act creating these
advisory committees (i.e., FCC/OMD-3, ``Federal Advisory Committee Act
(FACA) Membership Files''); to revise the security classification; to
revise the system location(s); to revise the categories of individuals;
to revise the categories of records; to revise the purposes for which
the information is maintained; to revise Routine Uses (2), (5), and (6)
and to add one new Routine Use (7); to revise the storage,
retrievability, safeguards, and retention and disposal procedures; to
revise the system manager and address; to revise the notification,
record access, and contesting record procedures; to revise the record
source categories; and to make other edits and revisions as necessary
to update the information and to comply with the requirements of the
Privacy Act, as amended (5 U.S.C. 552a), and the regulations and
requirements of the Office of Management and Budget (OMB) and the
National Archives and Records Administration (NARA).
The FCC will achieve these purposes by altering this system of
records with these changes:
Revision of language in the security classification, for clarity
and to note that [t]he FCC's Security Operations Center (SOC) has not
assigned a security classification to this system of records;
Revision of the language in the system location(s), for clarity
and: (1) To update information concerning the General Files, Financial
Disclosure Files, and Committee-specific Files:
1. General Files: Associate Managing Director-Performance
Evaluation and Records Management (PERM), Office of Managing Director
(OMD), Federal Communications Commission (FCC), 445 12th Street SW.,
Washington, DC 20554; (202) 418-2178.
2. Financial Disclosure Files (i.e., OGE Form 450 and FCC Form
A54A): Office of General Counsel (OGC), Federal Communication
Commission (FCC), 445 12th Street SW., Washington, DC 20554; (202) 418-
1720;
3. Committee-specific Files: Information concerning the FCC's
current FACA Committees may be found at: https://www.fcc.gov/encyclopedia/advisory-committees-fcc
Revision of the language regarding the Categories of Individuals
Covered by the System, for clarity and to note that [t]he categories of
individuals in this system include, but are not limited to those
individuals who are:
1. Members of Federal Advisory Committee Act (FACA) committees
(``advisory committee'' or ``committee'') sponsored or co-sponsored by
the Federal Communications Commission (FCC);
2. Individual participants in FACA working groups/subcommittees
(who are not necessarily appointed members of the advisory committee);
and
3. Administrative Assistant(s) or other similar contact(s) within
the organization that an advisory committee member represents.
Revision of the language regarding the Categories of Records in the
System, for clarity and to note that [t]he categories of records
include, but are not limited to:
1. FACA Committee Members:
Member's full name, home address(es), organization represented,
home email address(es), home telephone and personal cellphone
number(s), fax number(s), resume (e.g., which includes, but is not
limited to full name, home address, home, cell, and other telephone
numbers, home fax number(s), home email address(es), work experience,
educational attainment, and references), nominee's qualifications
statement, and/or letters of recommendation (e.g., which includes, but
is not limited to the reference's name, address, telephone numbers(s),
email address(es), and personal evaluation/recommendation of their
colleague's job performance, skills, abilities, and related
information), Federal lobbyist status (yes/no), area(s) of expertise,
and occupation (or title), and tribal, (non-English speaking)
linguistic, disability, elderly, and related group affiliation(s),
which, are kept with the member's respective advisory committee.
2. Individual participants in FACA working groups/subcommittees
(who are not necessarily appointed members of the advisory committee):
Participant's full name, home address(es), organization
represented, home email address(es), home telephone and personal
cellphone number(s), fax number(s), resume (e.g., which includes, but
is not limited to the full name, home address, home, cell, and other
telephone numbers, home fax number(s), home email address(es), work
experience, educational attainment, and references), nominee's
qualifications statement, and/or letters of recommendation (e.g., which
includes, but is not limited to the reference's name, address,
telephone numbers(s), email address(es), and personal evaluation/
recommendation of their colleague's job performance, skills, abilities,
and related information), Federal lobbyist status (yes/no), area(s) of
expertise, and occupation (or title), and tribal, (non-English
speaking) linguistic, disability, elderly, and related group
affiliation(s), which, are kept with the member's respective advisory
committee.
3. Committee Members' assistant(s) or organizational contact(s):
Assistant/organizational contact's full name, home address(es),
organization represented, home email address(es), home telephone and
personal cellphone number(s), fax number(s), resume (e.g., which
includes, but is not limited to the full name, home address, home,
cell, and other telephone numbers, home fax number(s), home email
address(es), and related information), Federal lobbyist status (yes/
no), area(s) of expertise, and occupation (or title), and tribal, (non-
English speaking) linguistic, disability, elderly, and related group
affiliation(s), which are kept with the member's respective advisory
committee.
[[Page 63198]]
4. Originals or copies of the financial disclosure form, OGE Form
450, which the FACA committee members may be required to file in
accordance with the requirements of the Ethics in Government Act of
1978 and the Ethics Reform Act of 1989, as amended, and E.O. 12674, as
modified.
Revision of the Authority for Maintenance of the System to correct
an inaccuracy in the citation for the Federal Advisory Committee Act
(FACA), 5 U.S.C., Appendix 2; but to expand the authorities to include
5 U.S.C. App. (``Ethics in Government Act''); and Executive Order
(E.O.) 12674 (as modified by E.O. 12731).
Revision of the language regarding the Purpose(s) for which the
information in the system is maintained, for clarity and to note that
[t]his system covers the personally identifiable information (PII) that
is contained in the information about the members of the FCC's FACA
committees, which includes, but is not limited to their contact data.
The FCC's uses for this information include, but are not limited to:
1. Communicating effectively and promptly with these individuals
(i.e., FCC's FACA committee members and alternatives);
2. Completing mandatory reports to the Congress and the General
Services Administration (GSA) about FACA committee matters; and
3. Ensuring compliance with all ethical and conflict-of-interest
requirements concerning the members of the FCC's FACA committees,
including the requirements in OGE Form 450.
Revision of the language in Routine Use (2) ``Public Access'' to
note that [t]he public can access information about the FCC's Federal
Advisory Committee Act (FACA) committees at: https://www.fcc.gov/encyclopedia/advisory-committee-fcc, as well as in the searchable
database found on the General Services Administration's (GSA) Web site
at https://www.fido.gov/facadatabase/;
Revision of the language in Routine Use (5) ``Congressional
Inquiries'' to note that a record from this system may be disclosed
[w]hen requested by a Congressional office in response to an inquiry by
an individual made to the Congressional office for the individual's own
records;
Revision of the language in Routine Use (6) ``Government-wide
Program Management and Oversight'' to note that a record from this
system may be disclosed [w]hen requested by the General Services
Administration (GSA), the National Archives and Records Administration
(NARA), and/or the Government Accountability Office (GAO) for the
purpose of records management inspections conducted under authority of
44 U.S.C. 2904 and 2906 (such disclosure(s) shall not be used to make a
determination about individuals); when the U.S. Department of Justice
(DOJ) is contacted in order to obtain that department's advice
regarding disclosure obligations under the Freedom of Information Act
(FOIA); or when the Office of Management and Budget (OMB) is contacted
in order to obtain that office's advice regarding obligations under the
Privacy Act; and
Addition of Routine Use (7) to address any ``breach of Federal
data'' situation(s) to comply with OMB Memorandum M-07-16 (May 22,
2007), as follows:
Routine Use (7) ``Breach Notification''--A record from this system
may be disclosed to appropriate agencies, entities, and persons when:
(1) The Commission suspects or has confirmed that the security or
confidentiality of information in the system of records has been
compromised; (2) the Commission has determined that as a result of the
suspected or confirmed compromise there is a risk of harm to economic
or property interests, identity theft or fraud, or harm to the security
or integrity of this system or other systems or programs (whether
maintained by the Commission or another agency or entity) that rely
upon the compromised information; and (3) the disclosure made to such
agencies, entities, and persons is reasonably necessary to assist in
connection with the Commission's efforts to respond to the suspected or
confirmed compromise and prevent, minimize, or remedy such harm.
Revision of the language regarding the Storage procedures for
information in the system, for clarity and to note that the information
in this system includes:
1. Paper documents, reports, and files (except OGE Form 450 files)
that are maintained in file folders in file cabinets in the office
suites of the Performance Evaluation and Records Management (PERM) and
the Designated Federal Officers (DFOs) in the Bureaus and Offices (B/
Os);
2. Electronic data, records, and files that are stored in the FCC's
computer network databases; and
3. Original and any copies (paper format) of OGE Form 450 files,
documents, and records are maintained in file folders in file cabinets
in the OGC office suite.
Revision of the language regarding the Retrievability of
information in the system, for clarity and to note that:
1. The FACA records (except OGE Form 450 files) are grouped
primarily by the name of the FACA committee or subcommittee. Under this
filing hierarchy, records can then be retrieved by the name of the
committee member; and
2. OGE Form 450 files are retrieved by the individual's name or
other programmatic identifier assigned to the individual on whom they
are maintained.
Revision of the language regarding the Safeguards for information
in the system, for clarity and to note that:
1. FACA paper records documents, records, and files (except OGE
Form 450 files) are maintained in file cabinets in the office suites of
PERM and the DFO's Bureau or Office (B/O). These file cabinets are
locked at the end of each business day. Access to each office suite is
through a card-coded main door. Access to these files is restricted to
the PERM supervisors and staff and to the DFO's authorized supervisors
and staff in each Bureau or Office;
2. Paper copies of OGE Form 450 files, documents, and records are
maintained in file cabinets in the OGC office suite. These file
cabinets are locked at the end of each business day. Access to the OGC
office suite is through a card-coded main door. Access to these files
is restricted to OGC supervisors and staff; and
3. Access to the FACA electronic records, files, and data, which
are housed in the FCC's computer network databases, is restricted to
authorized PERM supervisors and staff; to the supervisors and staff in
each DFO's Bureau/Office; to the OGC supervisors and staff for OGE Form
450 files; and to the Information Technology Center (ITC) staff and
contractors, who maintain the FCC's computer network. Other FCC
employees and contractors may be granted access only on a ``need-to-
know'' basis. The FCC's computer network databases are protected by the
FCC's security protocols, which include controlled access, passwords,
and other IT safety and security features. Information resident on the
FACA database servers is backed-up routinely onto magnetic media. Back-
up tapes are stored on-site and at a secured, off-site location.
Revision of the language regarding the Retention and Disposal of
information in the system, for clarity and to note that [t]he FCC
maintains and disposes of these records in accordance with General
Records Schedule 26 (GRS 26), ``Temporary Commissions, Boards, Councils
and Committees,'' issued by the National Archives and Records
Administration (NARA). Under the GRS 26:
[[Page 63199]]
The FCC maintains and disposes of these records in accordance with
General Records Schedule 26 (GRS 26), ``Temporary Commissions, Boards,
Councils and Committees,'' issued by the National Archives and Records
Administration (NARA). Under the GRS 26:
1. (a) FACA files documenting the Commission's establishment,
membership, policy, organization, deliberations, findings, and
recommendations (except OGE Form 450 files) are transferred to the
National Archives on termination of the Commission. Earlier periodic
transfers are authorized for committees operating for three years or
longer (N1-GRS-07-5 item). These files include such records as:
Other materials that document the organization and
functions of the Commission and original charter, renewal and amended
charters, organization charts, functional statements, directives or
memorandums to staff concerning their responsibilities, and its
components;
Agendas, briefing books, minutes, testimony, and
transcripts of meetings and hearings as well as audiotapes and/or
videotapes of meetings and hearings which were not fully transcribed;
One copy each of reports, studies, pamphlets, posters (2
copies) and other publications produced by or for the commission as
well as news releases, commissioners' speeches, formal photographs and
other significant public affairs files;
Correspondence, subject and other files maintained by key
commission staff, such as the chair, executive director, and legal
counsel, documenting the functions of the commission;
Substantive records relating to research studies and other
projects, including unpublished studies and reports and substantive
research materials (may include electronic data);
Questionnaires, surveys and other raw data accumulated in
connection with research studies and other projects where the
information has been consolidated or aggregated in analyses, reports,
or studies covered by Item 2(a) (may include data maintained
electronically);
Records created to comply with the provisions of the
Government in the Sunshine Act, annual reports to Congress describing
the agency's compliance with the act;
Documentation of subcommittees, working groups, or other
subgroups of advisory committees, that support their reports and
recommendations to the full or parent committee. This documentation may
include, but is not limited to minutes, transcripts, reports,
correspondence, briefing materials, and other related records; and
Documentation of formally designated subcommittees and
working groups. This documentation may include, but is not limited to
minutes, transcripts, reports, correspondence, briefing materials, and
other related records.
(b) FACA files (paper and electronic formats) that relate to day-
to-day advisory committee activities and/or do not contain unique
information of historical value are destroyed or deleted when three
years old (N1-GRS-07-1 item 2b). The paper records are destroyed by
shredding. The electronic files are deleted by electronic erasure.
These files include such records as:
Correspondence, reference and working files of Commission
staff (excluding files covered by Item 2(a));
Audiotapes and videotapes of Commission meetings and
hearings that have been fully transcribed, informal still photographs
and slides of Commission members and staff, meetings, hearings, and
other events;
Other routine records, such as public mail, requests for
information, consultant personnel files, records relating to logistical
aspects of Commission meetings and hearings, etc.; and
Extra copies of records described in Item 2(a), e.g.,
copies of meeting agenda and minutes distributed to commission members
and staff, files accumulated by agencies on interagency bodies other
than the secretariat or sponsor.
Notes: Prior to destruction/deletion, NARA, in consultation
with FCC staff, will review these records and may identify files
that warrant permanent retention. Such records will be transferred
to the National Archives at the time that related permanent records
are transferred (N1-GRS-07-1 item 2b Note).
2. Copies of FACA commission records, e.g., agendas, meeting
minutes, final reports, and related records created by or documenting
the accomplishments of boards and commissions are destroyed when three
years old (N1-GRS-04-1 item 3). The paper records are destroyed by
shredding. The electronic files are deleted by electronic erasure.
3. Records that are maintained by FACA committee management
officers that pertain to a FACA committee's establishment, appointment
of members, and operation and termination, etc., are destroyed when six
years old (N1-GRS-04-1 item 4). The paper records are destroyed by
shredding. The electronic files are deleted by electronic erasure.
4. OGE Form 450 files, documents, and records (including both paper
and electronic formats) are generally retained for six years after
filing following dissolution of the FACA Committee (except when filed
by or with respect to a nominee for an appointment requiring
confirmation by the Senate when the nominee is not appointed. In such
cases, the records are generally destroyed one year after the date the
individual ceased being under Senate consideration for appointment.
However, if any records are needed in an ongoing investigation, they
will be retained until no longer needed in the investigation). The
paper records are destroyed by shredding. The electronic records are
destroyed by electronic deletion or erasure.
Revision of the language regarding the System Manager(s) and
Address of the system, for clarity and to note that the system manager
is the Assistant Managing Director, Performance Evaluation and Records
Management (PERM), Office of Managing Director (OMD), Federal
Communications Commission (FCC), 445 12th Street SW., Washington, DC
20554.
Revision of the Notification, Record Access, and Contesting Record
Procedures for the system, for clarity and to note that individuals
seeking information about themselves in this system should address
their inquiries to the Privacy Analyst, Performance Evaluation and
Records Management (PERM), Federal Communications Commission (FCC), 445
12th Street SW., Washington, DC 20554, or https://transition.fcc.gov/omd/privacyact/request.html.
Revision of the language regarding the Record Source Categories for
the system, for clarity and to note that [i]nformation in this system
includes, but is not limited to the information that is obtained from
the FACA committee members, including their OGE Form 450; the
Designated Federal Officer (DFO) reporting on FACA committee membership
and activities; and the results of the work of the advisory committees.
Revision of, updating, or otherwise changing the information in the
SORN, as necessary, to make it conform to the way the FCC's bureaus and
offices manage the membership, functions, and activities of their FACA
committees.
This notice meets the requirement documenting the changes to the
system of records that the FCC maintains, and provides the public,
Congress, and the Office of Management and Budget (OMB) an opportunity
to comment.
[[Page 63200]]
FCC/OMD-3
SYSTEM NAME: Federal Advisory Committee Act (FACA) Membership Files.
SECURITY CLASSIFICATION:
The FCC's Security Operations Center (SOC) has not assigned a
security classification to this system of records.
SYSTEM LOCATION:
1. General Files: Associate Managing Director--Performance
Evaluation and Records Management (PERM), Office of Managing Director
(OMD), Federal Communications Commission (FCC), 445 12th Street SW.,
Washington, DC 20554; (202) 418-2178.
2. Financial Disclosure Files (i.e., OGE Form 450 and FCC Form
A54A): Office of General Counsel (OGC), Federal Communications
Commission (FCC), 445 12th Street SW., Washington, DC 20554; (202) 418-
1720.
3. Committee-Specific Files: Information concerning the FCC's
current FACA Committees may be found at: https://www.fcc.gov/encyclopedia/advisory-committees-fcc.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
The categories of individuals in this system include, but are not
limited to those individuals who are:
1. Members of Federal Advisory Committee Act (FACA) committees
(``advisory committee'' or ``committee'') sponsored or co-sponsored by
the Federal Communications Commission (FCC);
2. Individual participants in FACA working groups/subcommittees
(who are not necessarily appointed members of the advisory committee);
and
3. Administrative Assistant(s) or other similar contact(s) within
the organization that an advisory committee member represents.
CATEGORIES OF RECORDS IN THE SYSTEM:
The categories of records in this system include, but are not
limited to:
1. FACA Committee Members:
Member's full name, home address(es), organization represented,
home email address(es), home telephone and personal cellphone
number(s), fax number(s), resume (e.g., which includes, but is not
limited to the full name, home address, home, cell, and other telephone
numbers, home fax number(s), home email address(es), work experience,
educational attainment, and references), nominee's qualifications
statement, and/or letters of recommendation (e.g., which includes, but
is not limited to the reference's name, address, telephone numbers(s),
email address(es), and personal evaluation/recommendation of their
colleague's job performance, skills, abilities, and related
information), Federal lobbyist status (yes/no), area(s) of expertise,
and occupation (or title), and tribal, (non-English speaking)
linguistic, disability, elderly, and related group affiliation(s),
which, are kept with the member's respective advisory committee.
2. Individual participants in FACA working groups/subcommittees
(who are not necessarily members of the advisory committee):
Participant's full name, home address(es), organization
represented, home email address(es), home telephone and personal
cellphone number(s), fax number(s), resume (e.g., which includes, but
is not limited to the full name, home address, home, cell, and other
telephone numbers, home fax number(s), home email address(es), work
experience, educational attainment, and references), nominee's
qualifications statement, and/or letters of recommendation (e.g., which
includes, but is not limited to the reference's name, address,
telephone numbers(s), email address(es), and personal evaluation/
recommendation of their colleague's job performance, skills, abilities,
and related information), Federal lobbyist status (yes/no), area(s) of
expertise, and occupation (or title), and tribal, (non-English
speaking) linguistic, disability, elderly, and related group
affiliation(s), which, are kept with the member's respective advisory
committee.
3. Committee Members' assistants or organizational contacts:
Assistant/organizational contact's full name, home address(es),
organization represented, home email address(es), home telephone and
personal cellphone number(s), fax number(s), resume (e.g., which
includes, but is not limited to the full name, home address, home,
cell, and other telephone numbers, home fax number(s), home email
address(es), and related information), Federal lobbyist status (yes/
no), area(s) of expertise, and occupation (or title), and tribal, (non-
English speaking) linguistic, disability, elderly, and related group
affiliation(s), which are kept with the member's respective advisory
committee.
4. Originals or copies of the financial disclosure form, OGE Form
450, which the FACA committee members may be required to file in
accordance with the requirements of the Ethics in Government Act of
1978 and the Ethics Reform Act of 1989, as amended, and E.O. 12674, as
modified.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
Federal Advisory Committee Act (FACA), 5 U.S.C. Appendix 2; 5
U.S.C. App. (``Ethics in Government Act''); and Executive Order (E.O.)
12674 (as modified by E.O. 12731).
PURPOSE(S):
This system covers the personally identifiable information (PII)
that is contained in the information about the members of the FCC's
Federal Advisory Committee Act (FACA) committees, which includes, but
is not limited to their contact data. The FCC's uses for this
information include, but are not limited to:
1. Communicating effectively and promptly with these individuals
(i.e., FCC's FACA committee members);
2. Completing mandatory reports to the Congress and the General
Services Administration (GSA) about FACA advisory committee matters;
and
3. Ensuring compliance with all ethical and conflict-of-interest
requirements concerning the members of the FCC's FACA advisory
committees, including the requirements in OGE Form 450.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSES OF SUCH USES:
Information about individuals in this system of records may
routinely be disclosed under the following conditions:
1. Committee Communication and Reporting--A record in this system
may be disclosed to the Chair (or Vice Chair) of the Advisory Committee
for purposes of determining membership on appropriate subcommittees or
assignment of tasks to achieve the committee's goals, and/or used to
distribute information to the FACA committee members for the purposes
of conducting meetings, general committee business, and/or preparing
reports on the membership and work of the committee;
2. Public Access--The public can access information about the FCC's
Federal Advisory Committee Act (FACA) committees at: https://www.fcc.gov/encyclopedia/advisory-committee-fcc, as well as in the
searchable database found on the General Services Administration's
(GSA) Web site at https://www.fido.gov/facadatabase/;
3. Adjudication and Litigation--Where by careful review, the agency
determines that the records are both relevant and necessary to
litigation and the use of such records is deemed by the Agency to be
for a purpose that is compatible with the purpose for which
[[Page 63201]]
the Agency collected the records, these records may be used by a court
or adjudicative body in a proceeding when: (a) The Agency or any
component thereof; or (b) any employee of the Agency in his or her
official capacity; or (c) any employee of the Agency in his or her
individual capacity where the Agency has agreed to represent the
employee; or (d) the United States Government is a party to litigation
or has an interest in such litigation;
4. Law Enforcement and Investigation--Where there is an indication
of a violation or potential violation of a statute, regulation, rule,
or order, records from this system may be shared with appropriate
Federal, State, or local authorities either for purposes of obtaining
additional information relevant to a FCC decision or for referring the
record for investigation, enforcement, or prosecution by another
agency;
5. Congressional Inquiries--When requested by a Congressional
office in response to an inquiry by an individual made to the
Congressional office for the individual's own records;
6. Government-wide Program Management and Oversight--When requested
by the General Services Administration (GSA), the National Archives and
Records Administration (NARA), and/or the Government Accountability
Office (GAO) for the purpose of records management inspections
conducted under authority of 44 U.S.C. 2904 and 2906 (such
disclosure(s) shall not be used to make a determination about
individuals); when the U.S. Department of Justice (DOJ) is contacted in
order to obtain that department's advice regarding disclosure
obligations under the Freedom of Information Act; or when the Office of
Management and Budget is contacted in order to obtain that office's
advice regarding obligations under the Privacy Act; and
7. Breach Notification--A record from this system may be disclosed
to appropriate agencies, entities, and persons when: (1) The Commission
suspects or has confirmed that the security or confidentiality of
information in the system of records has been compromised; (2) the
Commission has determined that as a result of the suspected or
confirmed compromise there is a risk of harm to economic or property
interests, identity theft or fraud, or harm to the security or
integrity of this system or other systems or programs (whether
maintained by the Commission or another agency or entity) that rely
upon the compromised information; and (3) the disclosure made to such
agencies, entities, and persons is reasonably necessary to assist in
connection with the Commission's efforts to respond to the suspected or
confirmed compromise and prevent, minimize, or remedy such harm.
In each of these cases, the FCC will determine whether disclosure
of the records is compatible with the purpose for which the records
were collected.
DISCLOSURE TO CONSUMER REPORTING AGENCIES:
None.
POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING,
AND DISPOSING OF RECORDS IN THE SYSTEM: STORAGE:
The information in this system includes:
1. Paper documents, records, and files (except OGE Form 450 files)
that are maintained in file folders in file cabinets in the office
suites of the Performance Evaluation and Records Management (PERM) and
the Designated Federal Officers (DFOs) in the Bureaus and Offices (B/
Os);
2. Electronic data, records, and files that are stored in the FCC's
computer network databases; and
3. Original and any copies (paper format) of OGE Form 450 files,
documents, and records are maintained in file folders in file cabinets
in the OGC office suite.
RETRIEVABILITY:
1. The FACA records (except OGE Form 450 files) are grouped
primarily by the name of the FACA committee or subcommittee. Under this
filing hierarchy, records can then be retrieved by the name of the
committee member; and
2. OGE Form 450 files are retrieved by the individual's name or
other programmatic identifier assigned to the individual on whom they
are maintained.
SAFEGUARDS:
1. FACA paper records documents, records, and files (except OGE
Form 450 files) are maintained in file cabinets in the office suites of
PERM and the DFO's Bureau or Office (B/O). These file cabinets are
locked at the end of each business day. Access to each office suite is
through a card-coded main door. Access to these files is restricted to
the PERM supervisors and staff and to the DFO's authorized supervisors
and staff in each Bureau or Office;
2. Paper copies of OGE Form 450 files, documents, and records are
maintained in file cabinets in the OGC office suite. These file
cabinets are locked at the end of each business day. Access to the OCG
OGC office suite is through a card-coded main door. Access to these
files is restricted to OGC supervisors and staff; and
3. Access to the FACA electronic records, files, and data, which
are housed in the FCC's computer network databases, is restricted to
authorized PERM supervisors and staff; to the supervisors and staff in
each DFO's Bureau/Office; to the OGC supervisors and staff for OGE Form
450 files; and to the Information Technology Center (ITC) staff and
contractors, who maintain the FCC's computer network. Other FCC
employees and contractors may be granted access only on a ``need-to-
know'' basis. The FCC's computer network databases are protected by the
FCC's security protocols, which include controlled access, passwords,
and other IT safety and security features. Information resident on the
FACA database servers is backed-up routinely onto magnetic media. Back-
up tapes are stored on-site and at a secured, off-site location.
RETENTION AND DISPOSAL:
The FCC maintains and disposes of these records in accordance with
General Records Schedule 26 (GRS 26), ``Temporary Commissions, Boards,
Councils and Committees,'' issued by the National Archives and Records
Administration (NARA). Under the GRS 26:
1. (a) FACA files documenting the Commission's establishment,
membership, policy, organization, deliberations, findings, and
recommendations (except OGE Form 450 files) are transferred to the
National Archives on termination of the Commission. Earlier periodic
transfers are authorized for committees operating for three years or
longer (N1-GRS-07-5 item). These files include such records as:
Other materials that document the organization and
functions of the Commission and original charter, renewal and amended
charters, organization charts, functional statements, directives or
memorandums to staff concerning their responsibilities, and its
components;
Agendas, briefing books, minutes, testimony, and
transcripts of meetings and hearings as well as audiotapes and/or
videotapes of meetings and hearings which were not fully transcribed;
One copy each of reports, studies, pamphlets, posters (2
copies) and other publications produced by or for the commission as
well as news releases, commissioners' speeches, formal photographs and
other significant public affairs files;
[[Page 63202]]
Correspondence, subject and other files maintained by key
commission staff, such as the chair, executive director, and legal
counsel, documenting the functions of the commission;
Substantive records relating to research studies and other
projects, including unpublished studies and reports and substantive
research materials (may include electronic data);
Questionnaires, surveys and other raw data accumulated in
connection with research studies and other projects where the
information has been consolidated or aggregated in analyses, reports,
or studies covered by Item 2(a) (may include data maintained
electronically);
Records created to comply with the provisions of the
Government in the Sunshine Act, annual reports to Congress describing
the agency's compliance with the act;
Documentation of subcommittees, working groups, or other
subgroups of advisory committees, that support their reports and
recommendations to the full or parent committee. This documentation may
include, but is not limited to minutes, transcripts, reports,
correspondence, briefing materials, and other related records; and
Documentation of formally designated subcommittees and
working groups. This documentation may include, but is not limited to
minutes, transcripts, reports, correspondence, briefing materials, and
other related records.
(b) FACA files (paper and electronic formats) that relate to day-
to-day advisory committee activities and/or do not contain unique
information of historical value are destroyed or deleted when three
years old (N1-GRS-07-1 item 2b). The paper records are destroyed by
shredding. The electronic files are deleted by electronic erasure.
These files include such records as:
Correspondence, reference and working files of Commission
staff (excluding files covered by Item 2(a));
Audiotapes and videotapes of Commission meetings and
hearings that have been fully transcribed, informal still photographs
and slides of Commission members and staff, meetings, hearings, and
other events;
Other routine records, such as public mail, requests for
information, consultant personnel files, records relating to logistical
aspects of Commission meetings and hearings, etc.; and
Extra copies of records described in Item 2(a), e.g.,
copies of meeting agenda and minutes distributed to commission members
and staff, files accumulated by agencies on interagency bodies other
than the secretariat or sponsor.
Notes: Prior to destruction/deletion, NARA, in consultation
with FCC staff, will review these records and may identify files
that warrant permanent retention. Such records will be transferred
to the National Archives at the time that related permanent records
are transferred (N1-GRS-07-1 item 2b Note).
2. Copies of FACA commission records, e.g., agendas, meeting
minutes, final reports, and related records created by or documenting
the accomplishments of boards and commissions are destroyed when three
years old (N1-GRS-04-1 item 3). The paper records are destroyed by
shredding. The electronic files are deleted by electronic erasure.
3. Records that are maintained by FACA committee management
officers that pertain to a FACA committee's establishment, appointment
of members, and operation and termination, etc., are destroyed when six
years old (N1-GRS-04-1 item 4). The paper records are destroyed by
shredding. The electronic files are deleted by electronic erasure.
4. OGE Form 450 files, documents, and records (including both paper
and electronic formats) are generally retained for six years after
filing following dissolution of the FACA Committee (except when filed
by or with respect to a nominee for an appointment requiring
confirmation by the Senate when the nominee is not appointed. In such
cases, the records are generally destroyed one year after the date the
individual ceased being under Senate consideration for appointment.
However, if any records are needed in an ongoing investigation, they
will be retained until no longer needed in the investigation). The
paper records are destroyed by shredding. The electronic records are
destroyed by electronic deletion or erasure.
SYSTEM MANAGER(S) AND ADDRESS:
Assistant Managing Director, Performance Evaluation and Records
Management (PERM), Office of Managing Director (OMD), Federal
Communications Commission (FCC), 445 12th Street SW., Washington, DC
20554.
NOTIFICATION PROCEDURE:
Privacy Analyst, Performance Evaluation and Records Management
(PERM), Federal Communications Commission (FCC), 445 12th Street SW.,
Washington, DC 20554, or https://transition.fcc.gov/omd/privacyact/request.html.
RECORD ACCESS PROCEDURES:
Privacy Analyst, Performance Evaluation and Records Management
(PERM), Federal Communications Commission (FCC), 445 12th Street SW.,
Washington, DC 20554, or https://transition.fcc.gov/omd/privacyact/request.html.
CONTESTING RECORD PROCEDURES:
Privacy Analyst, Performance Evaluation and Records Management
(PERM), Federal Communications Commission (FCC), 445 12th Street SW.,
Washington, DC 20554, or https://transition.fcc.gov/omd/privacyact/request.html.
RECORD SOURCE CATEGORIES:
Information in this system includes, but is not limited to the
information that is obtained from the FACA committee members, including
their OGE Form 450 filings; the Designated Federal Officer (DFO)
reporting on FACA committee membership and activities; and the results
of the work of the advisory committees.
EXEMPTIONS CLAIMED FOR THE SYSTEM:
None.
Federal Communications Commission.
Marlene H. Dortch,
Secretary, Office of the Secretary, Office of Managing Director.
[FR Doc. 2013-24757 Filed 10-22-13; 8:45 am]
BILLING CODE 6712-01-P