Privacy Act System of Records, Amended System of Records, 83284-83287 [2016-27488]

Agencies

• National Labor Relations Board

[Federal Register Volume 81, Number 224 (Monday, November 21, 2016)]
[Notices]
[Pages 83284-83287]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-27488]


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NATIONAL LABOR RELATIONS BOARD


Privacy Act System of Records, Amended System of Records

AGENCY: National Labor Relations Board.

ACTION: Notice of an Amended Privacy Act System of Records.

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SUMMARY: Pursuant to the provisions of the Privacy Act of 1974, 5 
U.S.C. 552a, the Agency publishes this notice of its intention to amend 
a system of records, NLRB-17, Personnel Security Records. All persons 
are advised that, in the absence of submitted comments considered by 
the Agency as warranting modification of the notice as here proposed, 
it is the intention of the Agency that the notice shall be effective 
upon expiration of the comment period without further action.

DATES: Written comments must be submitted no later than December 21, 
2016.

ADDRESSES: All persons who desire to submit written comments for 
consideration by the Agency in connection with this proposed notice of 
the amended system of records shall mail them to the Agency's Senior 
Agency Official for Privacy, National Labor Relations Board, 1015 Half 
Street SE., Third Floor, Washington, DC 20570-0001, or submit them 
electronically to pac@nlrb.gov. Comments may also be submitted 
electronically through https://www.regulations.gov, which contains a 
copy of this proposed notice and any submitted comments.

FOR FURTHER INFORMATION CONTACT: Virginia Ephraim, IT Security and 
Privacy Compliance Specialist, National Labor Relations Board, 1015 
Half Street SE., Third Floor, Washington, DC 20570-0001, (855)-209-
9394, pac@nlrb.gov.

SUPPLEMENTARY INFORMATION: The Agency exempts an amended system of 
records, NLRB-17, Personnel Security Records, from the following 
provisions of the Privacy Act: (c)(3), (d), (e)(1), (e)(4)(G), 
(e)(4)(H), (e)(4)(I), and (f). The Agency is claiming exemptions 
pursuant to Sections 5 U.S.C. 552a(k)(1), (2), (3), (5), (6), and (7) 
of that Act. The Agency's direct final rule setting forth these 
exemptions appears elsewhere in today's issue of the Federal Register.
    A report of the proposal to establish these systems of records was 
filed pursuant to 5 U.S.C. 552a(r) with Congress and the Office of 
Management and Budget.

    Dated: Washington, DC November 9, 2016.

    By direction of the Board.
William B. Cowen,
Federal Register Liaison, National Labor Relations Board.
NLRB-17

SYSTEM NAME:
    Personnel Security Records

SECURITY CLASSIFICATION:
    Most personnel security records are not classified. However, in 
some cases, records of certain individuals, or portions of some 
records, may be classified in the interest of national security.

SYSTEM LOCATION:
    National Labor Relations Board, Division of Administration, 
Security Branch; the current street address of the NLRB can be found at 
www.nlrb.gov.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Individuals who may require regular, ongoing access to National 
Labor Relations Board facilities and its information technology 
systems, or information classified in the interest of national 
security, including applicants

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for employment or contracts, federal employees, contractors, students, 
interns, volunteers, affiliates, and individuals authorized to perform 
or use services provided at National Labor Relations Board facilities. 
Individuals formerly in any of these positions may also have records in 
this system.

CATEGORIES OF RECORDS IN THE SYSTEM:
    Records in the system include the following:
    A. Copies of investigative information (i.e., SF-85/85P/86/87) 
regarding an individual that were created by the Office of Personnel 
Management, the FBI, the Department of Defense, the Department of 
Homeland Security, or other agencies that provide the NLRB with 
information.
    B. Correspondence relating to adjudication matters and results of 
suitability decisions in cases adjudicated by the Office of Personnel 
Management, Federal Investigative Services in accordance with 5 CFR 
731.
    C. Records of personnel background investigations regarding 
suitability that have been provided by other Federal agencies.
    D. Records of adjudicative and HSPD-12 decisions by other Federal 
agencies, including clearance determinations and/or polygraph results.
    E. Assorted government-wide forms that are routinely used by the 
Agency in making suitability determinations and granting clearances.
    Categories A-E above may include the following types of information 
about individuals: name, former names, birth date, birth place, Social 
Security number, home address, phone numbers, employment history, 
residential history, education and degrees earned, names of associates 
and references and their contact information, citizenship, names of 
relatives, birthdates and places of relatives, citizenship of 
relatives, names of relatives who work for the federal government, 
criminal history, mental health history, drug use, financial 
information, fingerprints, summary report of investigation, results of 
suitability decisions, level of security clearance, date of issuance of 
security clearance, requests for appeal, witness statements, 
investigator's notes, tax return information, credit reports, NLRB 
identification cards, and employee photographs, security violations, 
circumstances of violation, and agency action taken.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    Exec. Order 10450 Security requirement for Government Employment; 
Exec. Order 10865 Safeguarding classified information within industry; 
Exec. Order 12333 (amended) US Intelligence Activities; Exec. Order 
12356 National Security Information; Homeland Security Presidential 
Directive (HSPD) 12, Policy for a Common Identification Standard for 
Federal Employees and Contractors; OMB Memo M-05-24, August 2005 
Implementation of HSPD-12-policy for a Common Identification Standard 
for Federal Employees and Contractors; OPM Memo, July 2008, Final 
Credentialing Standards for Issuing Personal Identity Verification 
Cards under HSPD-12; FIPS PUB 201-2, August 2013, Federal Information 
Processing Standards Publication, Personal Identity Verification (PIV) 
of Federal Employees and Contractors; Title 5 U.S.C. Sec 3301 Civil 
Service--Generally; Title 5 U.S.C. Sec 9101 Access to Criminal History 
Records for National Security and Other Purposes; Title 5 U.S.C. Parts 
1400 National Security Positions ; Title 5 U.S.C. Parts 736 Personnel 
Investigations; Title 42 U.S.C. Sec 2165 Security Restrictions; Title 
42 U.S.C. Sec 2201 General Duties of Commission; Title 50 U.S.C. Sec 
781-858 Internal Security; Title 50 U.S.C. Sec 881--887 National 
Defense Facilities ; NLRB Administrative Policies and Procedures 
Manual, Sec-1(B) Suitability and Security Regulations.

PURPOSE(S):
    Records in this system are used by the NLRB Security Branch staff 
for documentation and support of decisions regarding clearance for 
access to classified information, and determining suitability, 
eligibility, and fitness for service of applicants for federal 
employment and contract positions, as well as current employees 
undergoing reinvestigation at the National Labor Relations Board. The 
records in this system may be used to document security violations and 
supervisory actions in response to such violations.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND THE PURPOSES OF SUCH USES:
    Records and/or information are disclosed to:
    1. Designated officers and employees of agencies (excluding the 
National Labor Relations Board) and offices in the executive, 
legislative, or judicial branches of the Federal government, with a 
need to evaluate qualifications, suitability, or loyalty to the United 
States Government, as well as the granting of a security clearance or 
access to classified information or restricted areas.
    2. A Federal, state, local, tribal, or other charged agency 
maintaining civil, criminal, or other relevant enforcement information, 
if necessary to obtain information relevant to an NLRB decision 
concerning the hiring or retention of an employee, or the issuance of a 
security clearance, contract, grant, license, or other benefit, to the 
extent necessary to identify the individual, inform the source of the 
nature and purpose of the investigation, and to identify the type of 
information requested.
    3. A Federal, state, local, tribal, or other charged agency in 
response to its request in connection with the hiring or retention of 
an employee or the issuance of a security clearance, to the extent that 
the information is relevant and necessary to the requesting agency's 
decisions on that matter.
    4. Except as noted on Forms SF 85, 85-P, 86, and 87, when a record 
on its face, or in conjunction with other records, indicates a 
violation or potential violation of law, whether civil, criminal, or 
regulatory in nature, and whether arising by general statute or 
particular program statute, or by regulation, rule, or order issued, 
disclosure may be made to the appropriate public authority, whether 
Federal, state, local, tribal, or other authority charged with the 
responsibility of investigating or prosecuting such violation, or to 
any agency in connection with its oversight review responsibility.
    5. A Member of Congress or to a Congressional staff member in 
response to an inquiry of the Congressional office made at the written 
request of the constituent about whom the record is maintained. 
However, the investigative file, or parts thereof, will only be 
released to a Congressional office if the Agency receives a signed 
statement under 28 U.S.C. 1746 from the subject of the investigation.
    6. The Department of Justice for use in litigation when either (a) 
the Agency or any component thereof, (b) any employee of the Agency in 
his or her official capacity, (c) any employee of the Agency in his or 
her individual capacity where the Department of Justice has agreed to 
represent the employee, or (d) the United States Government is a party 
to litigation or has an interest in such litigation, and the Agency 
determines that the records are both relevant and necessary to the 
litigation.
    7. A court or other adjudicative body before which the Agency is 
authorized to appear, when either (a) the Agency or any component 
thereof, (b) any employee of the Agency in his or her official 
capacity, (c) any employee of the

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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, and the 
Agency determines that the records are both relevant and necessary to 
the litigation.

DISCLOSURE TO CONSUMER REPORTING AGENCIES:
    None.

POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, 
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
    Records are maintained in paper format in file folders, on digital 
images, and in electronic databases.

RETRIEVABILITY:
    Data may be retrieved by name, Social Security number, or date of 
birth.

SAFEGUARDS:
    Paper--Paper files are stored in a locked file cabinet or a secure 
facility with an intrusion alarm system at NLRB Headquarters in the 
Security branch. Access is limited to personnel security officers and 
their duly authorized representatives who have a need to know the 
information for the performance of their official duties. The U.S. 
Postal Service and other postal providers are used to transmit hard 
copy records sent to and from field offices, other agencies, and 
designated individuals.
    Electronic--Comprehensive electronic records are maintained in the 
Security Branch and on the NLRB network. Electronic records are 
maintained in computer databases in a secure room accessible only by a 
personal identity verification card reader which is limited to Office 
of Chief Information Officer designated employees. Information that is 
transmitted electronically from field offices is encrypted. Access to 
the records is restricted to security staff with a specific role in the 
Personal Identity Verification (PIV) program and Personnel Security 
process requiring access to background investigation information to 
perform their duties, and who have been given access rights to that 
part of the system, including background investigation records. An 
audit trail is maintained and reviewed periodically to identify 
unauthorized access for both programs. Persons given roles in the PIV 
program must complete training specific to their roles to ensure they 
are knowledgeable about how to protect personally identifiable 
information.

RETENTION AND DISPOSAL:
    Personnel Security Clearance Files, Case Files are disposed in 
accordance with General Records Schedule 18, Item 22a. Files are 
destroyed upon notification of death, or no later than 5 years after 
separation or transfer of employee or no later than 5 years after the 
applicable contractual relationship with the Agency expires, whichever 
is applicable.
    Investigative Documents Furnished to the Agency are disposed in 
accordance with General Records Schedule 18, Item 22b. Files are 
destroyed in accordance with the investigating agency instructions.

SYSTEM MANAGER(S) AND ADDRESS:
    Chief Security Officer, National Labor Relations Board; the current 
street address of the NLRB can be found at www.nlrb.gov.

NOTIFICATION PROCEDURE:
    For records not exempted under 5 U.S.C. 552a(k)(1), (2), (3), (5), 
(6), and (7) of the Privacy Act, an individual may inquire as to 
whether this system contains a record pertaining to such individual by 
sending a request in writing, signed, to the System Manager at the 
address above, in accordance with the procedures set forth in 29 CFR 
102.119(a).
    When an individual requests notification whether the system of 
records covered by this Notice contains records pertaining to that 
individual, the request should provide the individual's full name, date 
of birth, agency name, and work location. An individual requesting 
notification of records in person must provide identity documents 
sufficient to satisfy the custodian of the records that the requester 
is entitled to such notification, such as a government-issued photo ID. 
Individuals requesting notification via mail must furnish, at minimum, 
name, date of birth, Social Security number, and home address in order 
to establish identity.

RECORD ACCESS PROCEDURES:
    For records not exempted under 5 U.S.C. 552a(k)(1), (2), (3), (5), 
(6), and (7) of the Privacy Act, an individual seeking to gain access 
to records in this system pertaining to him or her should contact the 
System Manager at the address above, in accordance with the procedures 
set forth in 29 CFR 102.119(b) and (c).
    When an individual requests access to records contained within the 
system of records covered by this Notice pertaining to that individual, 
the request should provide the individual's full name, date of birth, 
agency name, and work location. An individual requesting access in 
person must provide identity documents sufficient to satisfy the 
custodian of the records that the requester is entitled to such access, 
such as a government-issued photo ID. Individuals requesting access via 
mail must furnish, at minimum, name, date of birth, Social Security 
number, and home address in order to establish identity. Requesters 
should also reasonably specify the record contents being sought. 
Investigative information created by other agencies (Record Category A, 
above) remain the property of those agencies and requests regarding 
such material must be directed to them.
    Current NLRB employees employed in bargaining units covered by a 
collective-bargaining agreement should refer to the applicable 
provisions of that agreement.

CONTESTING RECORD PROCEDURES:
    For records not exempted under 5 U.S.C. 552a(k)(1), (2), (3), (5), 
(6), and (7) of the Privacy Act, an individual may request amendment of 
a record pertaining to such individual maintained in this system by 
directing a request to the System Manager at the address above, in 
accordance with the procedures set forth in 29 CFR 102.119(d).
    When an individual seeks to contest records contained within the 
system of records covered by this Notice pertaining to that individual, 
the request should provide the individual's full name, date of birth, 
agency name, and work location. An individual seeking to contest 
records in person must provide identity documents sufficient to satisfy 
the custodian of the records that the requester is entitled to contest 
such records, such as a government-issued photo ID. Individuals seeking 
to contest records via mail must furnish, at minimum, name, date of 
birth, social security number, and home address in order to establish 
identity. Requesters should also reasonably identify the record, 
specify the information they are contesting, state the corrective 
action sought and the reasons for the correction along with supporting 
justification showing why the record is not accurate, timely, relevant, 
or complete. Investigative information created by other agencies 
(Record Category A, above) remain the property of those agencies and 
requests regarding such material must be directed to them.

RECORD SOURCE CATEGORIES:
    For records not exempted under 5 U.S.C. 552a(k)(1), (2), (3), (5), 
(6), and (7) of the Privacy Act, record source

[[Page 83287]]

categories include the following: the employee, contractor, or 
applicant via use of the SF-85, SF-85P, SF-86, or SF-87 and personal 
interviews; employers' and former employers' records; FBI criminal 
history records and other databases; financial institutions and credit 
reports; medical records and health care providers; educational 
institutions; interviews of witnesses such as neighbors, friends, co-
workers, business associates, teachers, landlords, or family members; 
tax records; and other public records. Security violation information 
is obtained from a variety of sources, including security inspections, 
witnesses, supervisors' reports, audit reports.

EXEMPTIONS CLAIMED FOR THE SYSTEM:
    Pursuant to 5 U.S.C. 552a(k)(1), (2), (3), (5), (6), and (7) of the 
Privacy Act, the Agency has exempted portions of this system that 
relate to providing an accounting of disclosures to the data subject, 
and access to and amendment of records (5 U.S.C. 552a(c)(3),(d), 
(e)(1), (e)(4)(G), (e)(4)(H), (e)(4)(I), and (f)). This system may 
contain the following types of information:
    1. Properly classified information subject to the provisions of 
section 552(b)(1), which states as follows: (A) specifically authorized 
under criteria established by an Executive order to be kept secret in 
the interest of national defense or foreign policy and (B) are in fact 
properly classified pursuant to such Executive order.
    2. Investigatory material compiled for law enforcement purposes, 
other than material within the scope of subsection (j)(2) of this 
section: provided, however, that if any individual is denied any right, 
privilege, or benefit that he would otherwise be entitled by Federal 
law, or for which he would otherwise be eligible, as a result of the 
maintenance of such material, such material shall be provided to such 
individual, except to the extent that the disclosure of such material 
would reveal the identity of a source who furnished information to the 
Government under an express promise that the identity of the source 
would be held in confidence, or, prior to the effective date of this 
section, under an implied promise that the identity of the source would 
be held in confidence.
    3. Information maintained in connection with providing protective 
services to the President of the United States or other individuals 
pursuant to section 3056 of title 18 of the U.S. Code.
    4. Investigatory material compiled solely for the purpose of 
determining suitability, eligibility, or qualifications for Federal 
civilian employment and Federal contact or access to classified 
information. Materials may be exempted to the extent that release of 
the material to the individual whom the information is about would 
reveal the identity of a source who furnished information to the 
Government under an express promise that the identity of the source 
would be held in confidence or, prior to September 27, 1975, furnished 
information to the Government under an implied promise that the 
identity of the source would be held in confidence.
    5. Testing and examination materials, compiled during the course of 
a personnel investigation, that are used solely to determine individual 
qualifications for appointment or promotion in the Federal service, 
when disclosure of the material would compromise the objectivity or 
fairness of the testing or examination process.
    6. Evaluation materials, compiled during the course of a personnel 
investigation, that are used solely to determine potential for 
promotion in the armed services may be exempted to the extent that the 
disclosure of the data would reveal the identity of a source who 
furnished information to the Government under an express promise that 
the identity of the source would be held in confidence or, prior to 
September 27, 1975, under an implied promise that the identity of the 
source would be held in confidence.

[FR Doc. 2016-27488 Filed 11-18-16; 8:45 am]
 BILLING CODE 7545-01-P