Privacy Act of 1974; Systems of Records, 6247-6275 [2018-02882]
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Federal Register / Vol. 83, No. 30 / Tuesday, February 13, 2018 / Notices
IV. Conclusion
Accordingly, the Commission has
determined that, pursuant to 10 CFR
72.7, this exemption is authorized by
law, will not endanger life or property
or the common defense and security,
and is otherwise in the public interest.
Therefore, the Commission hereby
grants ENO an exemption from those
provisions of 10 CFR 72.212(a)(2), 10
CFR 72.212(b)(3), 10 CFR 72.212(b)(5)(i),
10 CFR 72.214, and the portion of 10
CFR 72.212(b)(11) that require
compliance with terms, conditions, and
specifications of the CoC No. 1014,
Amendment No. 10, for the VYNPS to
use a new regionalized loading pattern,
load fuel cooled for at least 2 years, and
establish a per-cell maximum average
burnup limit at 65,000 MWD/MTU in
MPC–68M using CoC No. 1014,
Amendment No. 10.
The exemption is effective upon
issuance.
Dated at Rockville, Maryland, this 8th day
of February 2018.
For the Nuclear Regulatory Commission.
Meraj Rahimi,
Acting Chief, Spent Fuel Licensing Branch,
Division of Spent Fuel Management, Office
of Nuclear Material Safety and Safeguards.
[FR Doc. 2018–02930 Filed 2–12–18; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR WASTE TECHNICAL
REVIEW BOARD
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Board Meeting
March 27, 2018—The U.S. Nuclear
Waste Technical Review Board will
meet in Washington, DC to discuss
performance confirmation monitoring
and retrievability of emplaced highlevel radioactive waste and spent
nuclear fuel.
Pursuant to its authority under
section 5051 of Public Law 100–203,
Nuclear Waste Policy Amendments Act
(NWPAA) of 1987, the U.S. Nuclear
Waste Technical Review Board will
hold a public meeting in Washington,
DC on Tuesday, March 27, 2018, to
review information related to
operational and performance
confirmation monitoring of a geologic
repository and retrievability of
emplaced high-level radioactive waste
(HLW) and spent nuclear fuel (SNF).
The Board meeting will be held at the
Embassy Suites DC Convention Center,
900 10th Street NW, Washington, DC
20001. A block of rooms has been
reserved for meeting attendees at a rate
of $253.00 per night. Reservations may
be made by phone (1–202–739–2001,
refer to NWTRB meeting). Reservations
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must be made by March 5, 2018, to
ensure receiving the meeting rate for
available rooms.
The meeting will begin at 8:00 a.m. on
Tuesday, March 27, 2018, and is
scheduled to adjourn at 5:00 p.m.
Representatives from several countries
will discuss national policies and
approaches to monitoring and
retrievability. Technical specialists will
discuss sensors and technologies for
monitoring subsurface seepage, in-drift
environmental conditions, and
corrosion of waste packages for HLW
and SNF emplaced in a geologic
repository. A detailed meeting agenda
will be available on the Board’s website
at www.nwtrb.gov approximately one
week before the meeting.
The meeting will be open to the
public, and opportunities for public
comment will be provided before the
lunch break and at the end of the day.
Those wanting to speak are encouraged
to sign the ‘‘Public Comment Register’’
at the check-in table. Depending on the
number of people who sign up to speak,
it may be necessary to set a time limit
on individual remarks. However,
written comments of any length may be
submitted, and all comments received
in writing will be included in the record
of the meeting, which will be posted on
the Board’s website after the meeting.
The meeting will be webcast, and the
link to the webcast will be available on
the Board’s website (www.nwtrb.gov) a
few days before the meeting. The
meeting presentations and an archived
version of the webcast will be available
on the Board’s website following the
meeting. The transcript of the meeting
will be available on the Board’s website
no later than May 25, 2018.
The Board was established in the
NWPPA of 1987 as an independent
federal agency in the Executive Branch
to evaluate the technical and scientific
validity of DOE activities related to the
management and disposal of SNF and
HLW and to provide objective expert
advice to Congress and the Secretary of
Energy on these issues. Board members
are experts in their fields and are
appointed to the Board by the President
from a list of candidates submitted by
the National Academy of Sciences. The
Board reports its findings, conclusions,
and recommendations to Congress and
the Secretary of Energy. All Board
reports, correspondence, congressional
testimony, and meeting transcripts and
related materials are posted on the
Board’s website.
For information on the meeting
agenda, contact Daniel Metlay: metlay@
nwtrb.gov or Karyn Severson: severson@
nwtrb.gov. For information on lodging
and logistics, or to request copies of the
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meeting agenda or transcript, contact
Davonya Barnes: barnes@nwtrb.gov. All
three can be reached by mail at 2300
Clarendon Boulevard, Suite 1300,
Arlington, VA 22201–3367; by
telephone at 703–235–4473; or by fax at
703–235–4495.
Dated: February 6, 2018.
Nigel Mote,
Executive Director, U.S. Nuclear Waste
Technical Review Board.
[FR Doc. 2018–02883 Filed 2–12–18; 8:45 am]
BILLING CODE 6820–AM–P
PENSION BENEFIT GUARANTY
CORPORATION
Privacy Act of 1974; Systems of
Records
Pension Benefit Guaranty
Corporation.
ACTION: Notice of modified systems of
records; notice of a rescinded system of
records; notice of a new system of
records.
AGENCY:
Pursuant to the Privacy Act of
1974, the Pension Benefit Guaranty
Corporation (PBGC) proposes the
following changes to its system of
records notices to: Amend a general
routine use, rescind a duplicative
system of records, establish a new
system of records for collection of data
from the agency website, add or amend
routine uses in ten systems of records,
make clarifying changes to all nineteen
systems of records notices, and
republish all existing systems of records
notices. The PBGC determined that the
proposed changes were necessary after
conducting the biennial review of its
systems of records notices.
DATES: Comments are due by March 15,
2018. The revised and additional
systems of records described herein will
become effective 30 days after the date
of publication, without further notice,
unless comments results in a contrary
determination and a notice is published
to that effect.
ADDRESSES: You may submit written
comments to PBGC by any of the
following methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
website instructions for submitting
comments.
• Email: reg.comments@pbgc.gov.
• Mail or Hand Delivery:
Communications Outreach and
Legislative Affairs Department, Pension
Benefit Guaranty Corporation, 1200 K
Street NW, Washington, DC 20005.
With appropriate redactions of
personally identifiable information,
SUMMARY:
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comments received through these
methods will be posted to PBGC’s
website, https://www.pbgc.gov. Copies of
comments may also be obtained by
writing to the Pension Benefit Guaranty
Corporation, Disclosure Division, Office
of the General Counsel, 1200 K Street
NW, Washington, DC 20005, or calling
202–326–4040 during normal business
hours. (TTY and TDD users may call the
Federal relay service toll-free at 1–800–
877–8339 and ask to be connected to
202–326–4040.)
FOR FURTHER INFORMATION CONTACT:
Margaret Drake, Chief Privacy Officer,
Pension Benefit Guaranty Corporation,
Office of the General Counsel, 1200 K
Street NW, Washington, DC 20005, 202–
326–4400, extension 6435, or Nicole
Moore, Attorney, Pension Benefit
Guaranty Corporation, Office of the
General Counsel, 1200 K Street NW,
Washington, DC 20005, 202–326–4000,
extension 3170. For access to any of the
PBGC’s systems of records, contact
D. Camilla Perry, Disclosure Officer,
Office of the General Counsel,
Disclosure Division, 1200 K Street NW,
Washington DC 20005, or by calling
202–326–4040 directly.
SUPPLEMENTARY INFORMATION:
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(1) PBGC Is Proposing To Amend One
General Routine Use in Its Prefatory
Statement of General Routine Uses
PBGC is proposing to amend one
general routine use in its Prefatory
Statement of General Routine Uses.
During a routine review of the General
Routine Uses, PBGC determined that the
language contained in General Routine
Use 1—Law Enforcement should be
clarified to reflect that information
maintained in a PBGC system of records
may be disclosed to law enforcement
investigating the potential or actual
violation of a statute, regulation, rule or
particular program. The language will
be further amended to clarify that law
enforcement includes tribal entities
charged with law enforcement. The
amended General Routine Use will read:
‘‘G1. Routine Use—Law Enforcement: A
record from this system may be
disclosed to law enforcement in the
event the record is connected to a
violation or potential violation of law,
whether civil, criminal or regulatory in
nature, and whether arising by general
statute, regulation, rule, or order issued
pursuant thereto. Such disclosure may
be made to the appropriate agency,
whether Federal, State, local, or tribal,
or other public authority responsible for
enforcing, investigating or prosecuting
such violation or charged with enforcing
or implementing the statute, or rule,
regulation, or order issued pursuant
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thereto, if PBGC determines that the
records are both relevant and necessary
to any enforcement, regulatory,
investigative or prospective
responsibility of the receiving entity.’’
(2) PBGC Is Proposing To Rescind
PBGC–24, Participant Debt Collection
Pursuant the Privacy Act of 1974, 5
U.S.C. 552a, and as part of its ongoing
improvement, integration and
management efforts, PBGC is proposing
to rescind the following system of
records notice: PBGC–24, Participant
Debt Collection (last published at 81 FR
63321 (September 14, 2016)).
With regard to PBGC–24, the Agency
will continue to collect and maintain
records about individuals who may owe
a debt to the Agency and will rely upon
an existing PBGC system of records
titled PBGC–13, Debt Collection—PBGC
(last published at 81 FR 63311
(September 14, 2016)), which is also
written for the purpose of collecting any
and all debts that be owed to the PBGC.
The primary difference between the two
systems of records being that PBGC–13
and PBGC–24 have different system
managers.
Eliminating this notice will have no
adverse impact on individuals; rather,
its removal will promote the overall
streamlining and management of PBGC
Privacy Act system of records and
reduce the likelihood of any public
misunderstanding rooted in the
existence of two similar notices. PBGC–
13 will be clarified and amended to
reflect both the existing system manager
and the former system manager of
PBGC–24.
(3) PBGC Is Proposing To Establish a
New System of Records: PBGC–25,
PBGC.GOV Comment Management
System
PBGC is proposing to establish a new
system of records titled, ‘‘PBGC–25,
PBGC.GOV Comment Management
System—PBGC.’’ The proposed system
of records furthers the Agency’s
commitment to the E-Government Act of
2002 by promoting the use of electronic
services, specifically, providing the
public with access to proposed
rulemaking and the ability to directly
comment on those rules or any other
area of concern directly to the Agency
via comment field(s) on the PBGC.gov
website. The public may also submit
supporting materials related to their
comments or other area of concern. This
system of records may contain records
of data points supplied by the user of
the comment field, which may include
names, addresses, phone numbers,
email addresses, social security
numbers, customer identification
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numbers, user names, internet protocol
(IP) addresses or any other information
entered in the comment field. In
addition, this system will contain
comments individuals have submitted
through Regulations.gov about PBGC.
While this will be a new system of
records, PBGC will continue to respect
the privacy of individuals using the
website and comment field by
encouraging users to provide the least
amount of information necessary to
respond to rulemaking or initiate
contact with the Agency.
The collection and maintenance of
these records is new. Prior to PBGC.gov,
PBGC did not solicit, receive or collect
rulemaking comments through its
public website.
(4) PBGC Is Proposing To Add Two
Routine Uses to PBGC–2,
Disbursements
PBGC is proposing to add two routine
uses to PBGC–2, Disbursements (last
published at 81 FR 63301 (September
14, 2016)).
PBGC is proposing the addition of
routine use 3, which permits the
disclosure of information in this system
to the Office of Personnel Management,
the Office of Management and Budget,
or the Government Accountability
Office. This addition will facilitate
oversight of payments made from PBGC
to various entities, as well as promote
transparency and accountability during
the payment process. Routine use 3 will
read: ‘‘To the Office of Personnel
Management (OPM), the Office of
Management and Budget (OMB), or the
Government Accountability Office
(GAO) when the information is required
for program evaluation purposes.’’
PBGC is proposing the addition of
routine use 4, which permits disclosure
of information to consumer reporting
agencies in order to facilitate and collect
claims for money or property due to
PBGC. New routine use 4 will read, ‘‘A
record from this system may be
disclosed to a consumer reporting
agency in accordance with 31 U.S.C.
3711(e).’’
(5) PBGC Is Proposing To Add a
Routine Use to PBGC–3, Employee
Payroll, Leave, and Attendance Records
PBGC is proposing to add a routine
use to PBGC–3: Employee Payroll,
Leave, and Attendance Records (last
published at 81 FR 63301 (September
14, 2016)). This routine use is necessary
as it allows PBGC to collect claims for
money or property. The new routine use
will read, ‘‘A record from this system
may be disclosed to a consumer
reporting agency in accordance with 31
U.S.C. 3711(e).’’
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(6) PBGC Is Proposing To Clarify the
Types of Plan Information Contained in
the System, Amend Two Routine Uses
and Add a Routine Use to PBGC–6,
Plan Participant and Beneficiary Data
PBGC is proposing the following
revisions to PBGC–6, Plan Participant
and Beneficiary Data (last published at
81 FR 63303 (September 14, 2016)):
Clarification of the types of plan
information contained in the system;
amendment of two routine uses; and,
addition of one new routine use.
PBGC is proposing the clarification of
the name of the type of plans records
contained in the system of records.
Currently, plan information is described
as ‘‘pension plans.’’ PBGC would clarify
the name of the type of plans to
‘‘retirement plans’’ in order to reflect the
inclusion of plans that do not meet the
definition of ‘‘pension plans.’’
PBGC is proposing the amendment of
routine use 13, which currently permits
disclosure to government agencies in
order to verify payment eligibility. After
review of the routine use and agency
practices, we have determined that
information needed to verify eligibility
to receive payment may be held by third
parties with whom PBGC has a
contractual relationship. The amended
portion of routine use 13 will permit
disclosure and read, ‘‘a third party with
whom PBGC has a contractual
relationship.’’ This amendment will
further the purpose of the Agency by
ensuring payments are made only to
individuals eligible to receive such
payments.
PBGC is proposing the amendment of
routine use 16, which currently permits
the disclosure of a beneficiary’s name
and date of birth to the participant.
PBGC wishes to disclose additional
types of beneficiary information to the
participant. Amended routine use 16
will read, ‘‘With the exception of third
party social security numbers, all
beneficiary information contained in the
participant file (such as: Names,
addresses, phone numbers, email
addresses and dates of birth) provided
by the subject of the record may be
disclosed to the subject of the record,
upon written request to the Disclosure
Officer in accordance with the Record
Access Procedure outlined below.’’
Under the existing routine use, PBGC
withholds all information except the
name and date of birth of a beneficiary
that is contained in participant’s file,
even though it was often the participant
who provided the beneficiary’s personal
information (as this information is
required from the participant when
naming their beneficiary). By allowing
PBGC to disclose all information
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regarding the beneficiary to the
participant, except their social security
number, the amended routine use will
ensure that a participant can readily
confirm or amend information about
their beneficiary, while still protecting
the beneficiary’s social security number.
In addition, this routine use will
improve customer service without
sacrificing any individuals’ privacy
interests.
PBGC is proposing the addition of a
routine use to PBGC–6. New routine use
18 will read, ‘‘A record from this system
may be disclosed to a consumer
reporting agency in accordance with 31
U.S.C. 3711(e).’’ This routine use is
necessary as it allows the disclosure of
information to consumer reporting
agencies in order to facilitate and collect
claims for money or property due to
PBGC.
(7) PBGC Is Proposing To Add One
Routine Use to PBGC–8, Employee
Relations Files
PBGC’s review of its system of records
notices revealed the need to be able to
disclose certain records from the PBGC
system of records documenting
employee grievances to union
representatives. Accordingly, PBGC is
proposing to add one additional routine
use to PBGC–8; Employee Relations
Files (last published at 81 FR 63304
(September 14, 2016), in furtherance of
resolving a grievant’s complaint and
limiting such disclosure to the extent
that it is relevant to the subject matter
involved in the union issue or
proceeding and if disclosure would be
in the interest of the subject individual.
New routine use 3 will read: ‘‘A record
from this system may be disclosed to a
union representative, Hearing Examiner
or Arbitrator for the purpose of
representation or in order to conduct a
hearing in connection with an
employee’s grievance or appeal.’’
(8) PBGC Is Proposing To Amend the
Name of the System of Record, Amend
One Routine Use, Correct the
Numbering of Published Routine Uses,
and Add Two Routine Uses to PBGC–
9, Unclaimed Pensions
PBGC’s review of its system of records
notices revealed the need to limit the
disclosure of certain information and
permit the disclosure of other
information from the PBGC system of
records containing information on
unclaimed retirement funds. PBGC is
proposing to amend the name of the
system, amend one routine use, correct
the numbering of published routine uses
and add two routine uses to PBGC–9:
Unclaimed Pensions (last published at
81 FR 63306 (September 14, 2016)).
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These changes are designed to ensure
that the system name adequately reflects
the information contained therein and
to ensure that the Agency may fulfill its
mission of paying benefits to
participants or their beneficiaries while
still protecting individual privacy
rights. The new name of the system of
record will be PBGC–9: Unclaimed
Retirement Funds.
In the last published version of this
records notice, there were two routine
uses number 7. PBGC is proposing to
amend the first routine use 7 by
removing language permitting the
disclosure of the last known address of
participants and beneficiaries. PBGC
believes that not disclosing this
information to the public protects the
privacy rights of these individuals.
Further, the information that will
continue to be disclosed pursuant to
routine use 7 is more than sufficient to
make the public aware and potentially
identify and locate individuals who may
be owed a benefit payment.
PBGC also proposes the correction of
numbering by revising the latter routine
use to 8. There are no further changes
to this routine use and will be
republished to read: 8. Names, social
security numbers, last known addresses,
dates of birth and death, employment
history, and pay status of individuals
covered by legal settlement agreements
involving PBGC may be disclosed to
entities covered by or created under
those agreements.
New routine use 9 will read: ‘‘Names,
social security numbers, last known
addresses, dates of birth, and benefit
amounts owed may be disclosed to
other government agencies under a
Memorandum of Understanding or
Interagency Agreement in order to
locate missing participants.’’
New routine use 10 will read:
‘‘Names, social security numbers, dates
of birth and death, name of plan
sponsors, plan sponsor EIN/PN may be
periodically disclosed to insurance
companies where annuities have been
purchased by a terminated plan.’’
(9) PBGC Is Proposing To Update and
Add Ten Routine Uses to PBGC–12,
Personnel Security Investigation
Records
PBGC’s review of its system of records
notices revealed the need to disclose
certain information from the PBGC
system of records documenting
personnel information to other branches
and agencies of the Federal
Government. PBGC is proposing to
update and add ten routine uses to
PBGC–12: Personnel Security
Investigation Records (last published at
81 FR 63309 (September 14, 2016)), to
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ensure consistency with the Federal
Investigative Standards and to promote
the efficiency of governmental hiring
and investigations associated with
hiring. The records in this system may
be used to provide investigatory
information for determinations
concerning whether an individual is, or
continues to be, suitable or fit for
Government employment or military
service; eligible for logical and physical
access to federally controlled facilities
and information systems; eligible to
hold a sensitive position (including, but
not limited to, eligibility for access to
classified information); fit to perform
work for or on behalf of the Government
as an employee of a contractor; qualified
for Government service; qualified to
perform contractual services for the
Government; and, loyal to the United
States. The system is also used to
document such determinations. In
conducting a review of the system of
records, it was determined that
information regarding PBGC vendors
may be included in the system. The
category of vendor has been added to
the category of individuals covered by
the system and are included in the
system of records’ purpose.
PBGC proposes the clarification of the
name of an office within a federal
agency used as an example in routine
use 2. The office charged with
investigating the suitability of
individuals in this system would be the
National Background Investigations
Bureau (NBIB), a component of the
Office of Personnel Management. The
clarified example in the routine use
example will now include, ‘‘National
Background Investigations Bureau
(NBIB).’’
New routine use 4 will read: ‘‘To
designated officers and employees of
agencies, offices, and other
establishments in the executive,
legislative, and judicial branches of the
Federal Government, having a need to
evaluate qualifications, suitability, and
loyalty to the United States Government
and/or a security clearance or access
determination.’’
New routine use 5 will read: ‘‘To
designated officers and employees of
agencies, offices, and other
establishments in the executive,
legislative, and judicial branches of the
Federal Government, when such agency,
office, or establishment investigates an
individual for purposes of granting a
security clearance, or for the purpose of
making a determination of
qualifications, suitability, or loyalty to
the United States Government, or access
to classified information or restricted
areas.’’
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New routine use 6 will read: ‘‘To
designated officers and employees of
agencies, offices, and other
establishments in the executive,
judicial, or legislative branches of the
Federal Government, having the
responsibility to grant clearances to
make a determination regarding access
to classified information or restricted
areas, or to evaluate qualifications,
suitability, or loyalty to the United
States Government, in connection with
performance of a service to the Federal
Government under a contract or other
agreement.’’
New routine use 7 will read: ‘‘To U.S.
intelligence agencies for use in
intelligence activities.’’
New routine use 8 will read: ‘‘To the
appropriate Federal, State, local, tribal,
or other public authority responsible for
investigating, prosecuting, enforcing, or
implementing a statute, rule, regulation,
or order where OPM becomes aware of
an indication of a violation or potential
violation of civil or criminal law or
regulation.’’
New routine use 9 will read: ‘‘To an
agency, office, or other establishment in
the executive, legislative, or judicial
branches of the Federal Government, in
response to its request, in connection
with the hiring or retention of an
employee, the issuance of a security
clearance, the conducting of a security
or suitability investigation of an
individual, the classifying of jobs, the
letting of a contract, or the issuance of
a license, grant, or other benefit by the
requesting agency, to the extent that the
information is relevant and necessary to
the requesting agency’s decision on the
matter.’’
New routine use 10 will read: ‘‘To
provide information to a congressional
office from the record of an individual
in response to an inquiry from the
congressional office made at the request
of that individual. However, to the
extent these records may reveal the
identity of an individual who has
provided information pertaining to the
investigation, the investigative file, or
the parts thereof, are exempt from
release. Further, requests for OPM
records contained in this system will be
referred to OPM.’’
New routine use 11 will read: ‘‘To
disclose information to contractors,
experts, consultants, or students
performing or working on a contract,
service, or job for the PBGC.’’
New routine use 12 will read: ‘‘To
disclose results of investigations or
individuals records to agencies, such as
the Department of Labor, providing
adjudicative support services to PBGC.’’
And, new routine use 13 will read:
‘‘To provide criminal history record
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information to the FBI, to help ensure
the accuracy and completeness of FBI
and PBGC records.’’
(10) PBGC Is Proposing To Amend the
System Manager and Add One Routine
Use to PBGC–13, Debt Collection
PBGC is proposing to amend the
system manager and add a routine use
to PBGC–13: Debt Collection (last
published at 81 FR 63311 (September
14, 2016)). PBGC is proposing the
addition of a second system manager
due to the proposed rescission of PBGC–
24: Participant Debt Collection. The
consolidation of the two systems
streamlines PBGC processes and
eliminates redundancy. Adding the
system manager for PBGC–24 ensures
that the public has access to the
individuals responsible for the
collection and maintenance of records
in that system.
The section of the system of records
notice entitled ‘‘System Manager(s) and
Address’’ will be amended to included:
Chief of Benefits Administration, Office
of Benefits Administration, PBGC, 1200
K Street NW, Washington DC 20005.
PBGC is proposing the addition of one
routine for disclosure to a consumer
reporting agency. This routine use is
necessary as it allows PBGC to collect
claims for money or property. New
routine use 5 will read, ‘‘A record from
this system may be disclosed to a
consumer reporting agency in
accordance with 31 U.S.C. 3711(e).’’
(11) PBGC Is Proposing To Add One
Routine Use to PBGC–14, My Plan
Administration Account Records
PBGC is proposing to add a routine
use to PBGC–14: My Plan
Administration Account Records (last
published at 81 FR 63312 (September
14, 2016)). PBGC is proposing the
addition to ensure that the Agency may
fulfill its mission of locating and paying
benefits to participants or their
beneficiaries. New routine use 2 will
read: ‘‘Names, addresses and phone
numbers of plan sponsors, plan
administrators, pension practitioners,
actuaries and pension benefit
professionals who submit plan
information to My PAA may be
disclosed to the public in order to
ensure the public has access to contact
information for those individuals
submitting information regarding
pension plans and those responsible for
the administration of pension plans
covered by the Employee Retirement
Income Security Act of 1974 (ERISA).’’
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(12) PBGC Is Proposing To Add Seven
Routine Uses to PBGC–17, Office of
Inspector General Investigative File
System
PBGC is proposing to add seven
additional routine uses to PBGC–17:
Office of Inspector General Investigative
File System (last published at 81 FR
63315 (September 14, 2016)). During the
review of the systems’ routine uses, it
was determined that additional routine
uses were necessary in order to ensure
that the Office of Inspector General
(OIG) continues to operate with
efficiency and transparency. In addition,
these new routine uses will facilitate the
sharing of information between agencies
in order to fulfill the mission of the OIG.
New routine use 10 will read: ‘‘A
record may be disclosed where there is
an indication of a violation or a
potential violation of law, rule,
regulation or order whether civil,
criminal, administrative or regulatory in
nature, to the appropriate agency,
whether federal, state, tribal or local, or
to a securities self-regulatory
organization, charged with enforcing or
implementing the statute, or rule,
regulation or order.’’
New routine use 11 will read: ‘‘A
record may be disclosed to federal, state,
tribal or local authorities in order to
obtain information or records relevant to
an Office of Inspector General
investigation or inquiry.’’
New routine use 12 will read: ‘‘A
record may be disclosed to a bar
association, state accountancy board, or
other federal, state, tribal, or local
licensing or oversight authority; or
professional association or selfregulatory authority to the extent that it
performs similar functions (including
the Public Company Accounting
Oversight Board) for investigations or
possible disciplinary action.’’
New routine use 13 will read: ‘‘A
record may be disclosed to inform
complainants, victims, and witnesses of
the results of an investigation or
inquiry.’’
New routine use 14 will read: ‘‘To the
Department of Justice for the purpose of
obtaining advice on investigatory
matters or in order to refer information
for the purpose of prosecution.’’
New routine use 15 will read: ‘‘To
contractors, interns and experts who
have been engaged to assist in an OIG
investigation or in the performance of a
service related to this system of records
and require access to these records for
the purpose of assisting the OIG in the
efficient administration of its duties. All
recipients of these records shall be
required to comply with the
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requirements of the Privacy Act of 1974,
as amended.’’
New routine use 16 will read: ‘‘To the
public when the matter under
investigation has become public
knowledge, or when the Inspector
General determines that such disclosure
is necessary to preserve confidence in
the integrity of the OIG investigative
process, to demonstrate the
accountability of PBGC employees, or
other individuals covered by this
system, or when there exists a legitimate
public interest, unless the Inspector
General has determined that disclosure
of specific information would constitute
an unwarranted invasion of personal
privacy.’’
And, new routine use 17 will read: ‘‘A
record from this system may be
disclosed to a consumer reporting
agency in accordance with 31 U.S.C.
3711(e).’’
(13) PBGC Is Proposing To Amend the
Category of Records and Add a Routine
Use to PBGC–19, Office of General
Counsel Case Management System
PBGC is proposing to amend the
category of records contained in the
system and add an additional routine
use to PBGC–19: Office of General
Counsel Case Management System (last
published at 81 FR 63316 (September
14, 2016)). During the review of the
system of records, it was determined
that additional categories of records
exist in this system. PBGC proposes the
amendment of the categories of records
to include the following records: Draft
and final versions of notes, disclosures
and determinations made in accordance
with the Freedom of Information Act
and the Privacy Act of 1974; records and
information obtained from other federal,
state, local and tribal agencies and
departments, including, but not limited
to: Office of Personnel Management,
Social Security Administration,
Department of Treasury and Department
of Justice; ethics inquiries; personnel
records; financial records; and,
individual tax returns.
PBGC proposes the addition of a new
routine use permitting the disclosure of
information to a consumer reporting
agency in order to collect a claim due
to the agency. New routine use 11 will
read, ‘‘A record from this system may be
disclosed to a consumer reporting
agency in accordance with 31 U.S.C.
3711(e).’’
(14) PBGC Is Proposing To Make
Clarifying Changes to Existing Systems
of Records
PBGC is proposing to correct and
update the following sections in existing
system of records notices: Security
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Classification; System Location;
Categories of Individuals Covered by the
System; Categories of Records in the
System; Authority for Maintenance of
the System; Purpose(s); Routine Uses of
Records Maintained in the System,
Including Categories of Users and the
Purposes of Such Uses; Storage;
Retrievability; Safeguards; Retention
and Disposal; System Manager(s) and
Address; Notification Procedure; Record
Access Procedures; Contesting Record
Procedures; Record Source Categories;
and, Exemptions Claimed for the
System.
PBGC is proposing these updates to
PBGC–1, Congressional Correspondence
(last published at 81 FR 63300
(September 14, 2016)); PBGC–2,
Disbursements; PBGC–3, Employee
Payroll, Leave, and Attendance Records;
PBGC–6, Plan Participant and
Beneficiary Data; PBGC–8, Employee
Relations Files; PBGC–9, Unclaimed
Pensions (amended to Unclaimed
Retirement Funds); PBGC–10,
Administrative Appeals File (last
published at 81 FR 63307 (September
14, 2016)); PBGC–11, Call Detail
Records (last published at 81 FR 63308
(September 14, 2016)); PBGC–12,
Personnel Security Investigation
Records; PBGC–13, Debt Collection (last
published at 81 FR 63311 (September
14, 2016)); PBGC–14, My Plan
Administration Account Records;
PBGC–15, Emergency Notification
Records (last published at 81 FR 63313
(September 14, 2016)); PBGC–16,
Employee Online Directory (last
published at 81 FR 63314 (September
14, 2016)); PBGC–17, Inspector General
Investigative File System; PBGC–19,
Office of General Counsel Case
Management System; PBGC–21,
Reasonable Accommodation Records
(last published at 81 FR 63317
(September 14, 2016)); PBGC–22,
Telework and Alternative Worksite
Records (last published at 81 FR 63319
(September 14, 2016)); and, PBGC–23,
Internal Investigations of Allegations of
Harassing Conduct (last published at 81
FR 63320 (September 14, 2016)). These
corrections and amendments will make
the system of records notices more
accurate and easier to understand
individually, and collectively.
(15) PBGC Is Proposing To Republish
All Existing System of Records Notices
PBGC annually reviews all system of
records notices. There have been minor
corrections, changes in system owners
due to internal agency realignments,
and administrative changes for
consistency in the existing system of
records notices. As such, PBGC
proposes to republish all existing
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system of records notices in order to
clarify and correct information since the
last publication.
PBGC proposes to clarify references to
law enforcement entities throughout the
document to include tribal law
enforcement agencies or departments.
Concerning security classification, all
systems have been labeled as
unclassified. Concerning the
safeguarding and disposal of all systems
of records, PBGC follows Federal Law
and Regulations, the National Institute
of Science and Technology (NIST)
guidelines and best practices, as
appropriate and current notices reflect
those guidelines. Concerning the system
location, the name of the agency was
previously abbreviated, and the
corrected location reflects a more
accurate location of PBGC systems.
Concerning authority for maintenance,
all citations have been corrected and
reflect the laws that govern the systems
and collection of information for those
systems. Concerning the routine uses for
the systems, the numbering of the
routine uses was corrected to reflect the
proper numbering of all routine uses.
Concerning the policies and practices
for storing, retrieving, accessing,
retaining and disposing of records, the
notices reflect the current practices of
the agency in keeping with the EGovernment Act of 2002 and current
practices of the agency in regard to these
systems. Concerning storage, the notice
has been clarified to reflect that PBGC
records may be maintained on back-up
tapes, or on the PBGC or a contractorhosted network. Concerning
retrievability, all methods of retrieval
have been updated and verified.
Concerning safeguards, minor
grammatical corrections were made, and
the entry was updated to reflect current
agency policies regarding protection and
security of these systems. Concerning
retention and disposal, the entry was
clarified to reflect that agency practices
were in line with guidelines issued by
the National Archives and Record
Administration. Concerning
notification, access and contesting or
amending records, administrative
changes reflect the current regulations
governing the agency. Concerning
record source categories, minor
administrative changes were made to
reflect the correct name of the offices
providing records for these systems.
Pursuant to 5 U.S.C. 552a(e)(11),
interested persons are invited to submit
written comments on the proposal of
these systems of records. A report on the
proposed systems has been sent to
Congress and the Office of Management
and Budget for their evaluation.
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For the convenience of the public,
PBGC’s Prefatory Statement of General
Routine Uses, the amended systems of
records, and the new systems of records
are published in full below with
changes italicized.
Issued in Washington, DC.
W. Thomas Reeder,
Director, Pension Benefit Guaranty
Corporation.
Prefatory Statement of General Routine
Uses
The following routine uses are
incorporated by reference into various
systems of records, as set forth below.
G1. Routine Use—Law Enforcement:
A record from this system may be
disclosed to law enforcement in the
event the record is connected to a
violation or potential violation of law,
whether civil, criminal or regulatory in
nature, and whether arising by general
statute, regulation, rule, or order issued
pursuant thereto. Such disclosure may
be made to the appropriate agency,
whether federal, state, local, or tribal, or
other public authority responsible for
enforcing, investigating or prosecuting
such violation or charged with enforcing
or implementing the statute, or rule,
regulation, or order issued pursuant
thereto, if PBGC determines that the
records are both relevant and necessary
to any enforcement, regulatory,
investigative or prospective
responsibility of the receiving entity.
G2. Routine Use—Disclosure When
Requesting Information: A record from
this system of records may be disclosed
to a federal, state, tribal or local agency
or to another public or private source
maintaining civil, criminal, or other
relevant enforcement information or
other pertinent information if, and to
the extent necessary, to obtain
information relevant to a PBGC decision
concerning the hiring or retention of an
employee, the retention of a security
clearance, or the letting of a contract.
G3. Routine Use—Disclosure of
Existence of Record Information: With
the approval of the Director, Human
Resources Department (or his or her
designee), the fact that this system of
records includes information relevant to
a federal agency’s decision in
connection with the hiring or retention
of an employee, the retention of a
security clearance, the letting of a
contract, or the issuance of a license,
grant, or other benefit may be disclosed
to that federal agency.
G4. Routine Use—Disclosure in
Litigation: A record from this system of
records may be disclosed in a
proceeding before a court or other
adjudicative body in which PBGC, an
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employee of PBGC in his or her official
capacity, an employee of PBGC in his or
her individual capacity whom PBGC (or
the Department of Justice (DOJ)) has
agreed to represent is a party, or the
United States or any other federal
agency is a party and PBGC determines
that it has an interest in the proceeding,
and if PBGC determines that the record
is relevant to the proceeding and that
the use is compatible with the purpose
for which PBGC collected the
information.
G5. Routine Use—Disclosure to DOJ
in Litigation: When PBGC, an employee
of PBGC in his or her official capacity,
or an employee of PBGC in his or her
individual capacity whom PBGC (or
DOJ) has agreed to represent is a party
to a proceeding before a court or other
adjudicative body, or the United States
or any other federal agency is a party
and PBGC determines that it has an
interest in the proceeding, a record from
this system of records may be disclosed
to DOJ if PBGC is consulting with DOJ
regarding the proceeding or has decided
that DOJ will represent PBGC, or its
interest, in the proceeding and PBGC
determines that the record is relevant to
the proceeding and that the use is
compatible with the purpose for which
PBGC collected the information.
G6. Routine Use—Disclosure to the
Office of Management and Budget
(OMB): A record from this system of
records may be disclosed to OMB in
connection with the review of private
relief legislation as set forth in OMB
Circular No. A–19 at any stage of the
legislative coordination and clearance
process as set forth in that Circular.
G7. Routine Use—Congressional
Inquiries: A record from this system of
records may be disclosed to a
congressional office in response to an
inquiry from the congressional office
made at the request of the individual.
G8. Routine Use—Disclosure to Labor
Organizations: A record from this
system of records may be disclosed to
an official of a labor organization
recognized under 5 U.S.C. ch. 71 when
necessary for the labor organization to
properly perform its duties as the
collective bargaining representative of
PBGC employees in the bargaining unit.
G9. Routine Use—Disclosure in
Response to a Breach: A record from
this system of records may be disclosed
to appropriate agencies, entities, and
persons when (1) PBGC suspects or has
confirmed that there has been a breach
of the system of records; (2) PBGC has
determined that as a result of the
suspected or confirmed breach there is
a risk of harm to individuals, the agency
(including its information systems,
programs and operations), the Federal
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Government, or national security; and
(3) the disclosure made to such
agencies, entities, and persons is
reasonably necessary to assist in
connection with PBGC’s efforts to
respond to the suspected or confirmed
breach or to prevent, minimize, or
remedy such harm.
G10. Routine Use—Contractors,
Experts, and Consultants: To
contractors, experts, consultants, and
the agents thereof, and others
performing or working on a contract,
service, cooperative agreement, or other
assignment for PBGC when necessary to
accomplish an agency function.
Individuals provided information under
this routine use are subject to the same
Privacy Act requirements and
limitations on disclosure as are
applicable to PBGC employees.
G11. Routine Use—Records
Management: To the National Archives
and Records Administration or to the
General Services Administration for
records management inspections
conducted under 44 U.S.C. 2904 and
2906.
G12. Routine Use—Gathering
Information: To any source from which
information is requested in the course of
processing a grievance, investigation,
arbitration, or other litigation, to the
extent necessary to identify the
individual, inform the source of the
purpose(s) of the request, and identify
the type of information requested.
G13. Routine Use—Disclosure to a
Federal Agency: To disclose information
to a federal agency, in response to its
request, in connection with hiring or
retaining an employee, issuing a
security clearance, conducting a
security or suitability investigation of an
individual, or classifying jobs, to the
extent that the information is relevant
and necessary to the requesting agency’s
decision on the matter.
G14. Routine Use—Disclosure to
Another Federal Agency or Federal
Entity in Response to a Breach: To
another federal agency or federal entity,
when information from this system of
records is reasonably necessary to assist
the recipient agency or entity in (1)
responding to a suspected or confirmed
breach or (2) preventing, minimizing, or
remedying the risk of harm to
individuals, the agency (including its
information systems, programs, and
operations), the Federal Government, or
national security.
SYSTEM LOCATION:
SYSTEM NAME AND NUMBER
Records are maintained manually in
paper and/or electronic form (including
computer databases or discs). Records
may also be maintained on back-up
tapes, or on a PBGC or a contractorhosted network.
PBGC–1: Congressional
Correspondence—PBGC.
SECURITY CLASSIFICATION:
Unclassified.
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Pension Benefit Guaranty Corporation
(PBGC), 1200 K Street NW, Washington,
DC 20005 (Records may be kept at an
additional location as backup for
continuity of operations.)
6253
POLICIES AND PRACTICES FOR RETRIEVAL OF
RECORDS:
Name.
POLICIES AND PRACTICES FOR RETENTION AND
DISPOSAL OF RECORDS:
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
Records are maintained and destroyed
in accordance with the National
Archives and Record Administration’s
(NARA) Basic Laws and Authorities (44
U.S.C. 3301, et seq.) or a PBGC records
disposition schedule approved by
NARA.
29 U.S.C. 1302; 44 U.S.C. 3101; and
5 U.S.C. 301.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL
SAFEGUARDS:
SYSTEM MANAGER(S) AND ADDRESS:
Director, Communications Outreach
and Legislative Affairs, PBGC, 1200 K
Street NW, Washington, DC 20005.
PURPOSE(S) OF THE SYSTEM:
This system of records is maintained
to catalog and respond to
correspondence received from members
of Congress and their staff on behalf of
their constituents, and to respond to
correspondence directed to the Office of
the Director of the PBGC.
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
Members of the United States
Congress and staff, Congressional
constituents and individuals who have
corresponded with PBGC.
CATEGORIES OF RECORDS IN THE SYSTEM:
Names of members of Congress,
congressional staff and constituents;
addresses; phone numbers; social
security numbers; customer
identification numbers; email addresses;
copies of correspondence received;
replies to such correspondence.
RECORD SOURCE CATEGORIES:
Members of Congress and their staff;
correspondents; agency employees
preparing responses to incoming
correspondence or who generate
original correspondence in their official
capacities.
ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES OF USERS AND
THE PURPOSES OF SUCH USES:
Information about covered
individuals may be disclosed without
consent as permitted by the Privacy Act
of 1974, 5 U.S.C. 522a(b), and:
1. General Routine Uses G1 through
G11, G13 and G14 apply to this system
of records (see Prefatory Statement of
General Routine Uses).
POLICIES AND PRACTICES FOR STORAGE OF
RECORDS:
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PBGC has established security and
privacy protocols that meet the required
security and privacy standards issued
by the National Institute of Standards
and Technology (NIST). Records are
maintained in a secure, password
protected electronic system that utilizes
security hardware and software to
include multiple firewalls, active
intruder detection, and role-based
access controls. PBGC has adopted
appropriate administrative, technical,
and physical controls in accordance
with PBGC’s security program to protect
the confidentiality, integrity, and
availability of the information, and to
ensure that records are not disclosed to
or accessed by unauthorized
individuals.
Electronic records are stored on
computer networks, which may include
cloud-based systems, and protected by
controlled access with Personal Identity
Verification (PIV) cards, assigning user
accounts to individuals needing access
to the records and by passwords set by
authorized users that must be changed
periodically.
RECORD ACCESS PROCEDURES:
Individuals, or third parties with
written authorization from the
individual, wishing to request access to
their records in accordance with 29 CFR
4902.4, should submit a written request
to the Disclosure Officer, PBGC, 1200 K
Street NW, Washington, DC 20005,
providing their name, address, date of
birth, and verification of their identity
in accordance with 29 CFR 4902.3(c).
CONTESTING RECORD PROCEDURES:
Individuals, or third parties with
written authorization from the
individual, wishing to amend their
records must submit a written request
identifying the information they wish to
correct in their file, in addition to
following the requirements of the
Record Access Procedure above.
NOTIFICATION PROCEDURES:
Individuals, or third parties with
written authorization from the
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individual, wishing to learn whether
this system of records contains
information about them should submit a
written request to the Disclosure Officer,
PBGC, 1200 K Street NW, Washington,
DC 20005, providing their name,
address, date of birth, and verification of
their identity in accordance with 29
CFR 4902.3(c).
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
None.
HISTORY:
PBGC–1, Congressional
Correspondence (last published at 81 FR
63300 (September 14, 2016)).
SYSTEM NAME AND NUMBER
PBGC–2: Disbursements—PBGC.
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
Pension Benefit Guaranty Corporation
(PBGC), 1200 K Street NW, Washington,
DC 20005, PBGC Field Offices (Field
Benefit Administration), and/or paying
agent worksites. (Records may be kept at
an additional location as backup for
continuity of operations.)
SYSTEM MANAGER:
Director, Financial Operations
Department, PBGC, K Street NW,
Washington, DC 20005.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
29 U.S.C. 1302; 44 U.S.C. 3101; 5
U.S.C. 301; 31 U.S.C. 6101; 31 U.S.C.
9101, et seq.; 31 U.S.C. 3716.
PURPOSE(S) OF THE SYSTEM:
This system of records is maintained
for use in determining amounts to be
paid and in effecting payments by the
Department of the Treasury on behalf of
PBGC.
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
PBGC Employees; consultants;
contractors; vendors; and any other
individuals who receive payments from
PBGC.
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CATEGORIES OF RECORDS IN THE SYSTEM:
Acquisition data for the procurement
of goods and services; invoices;
payment vouchers; financial
information of commercial vendors and
government contractors; Electronic
Funds Transfer (EFT) information; IP
information; cookies (session and
persistent); name; address; taxpayer
identification number; financial
information; bank information; Social
Security number; and other information
related to the disbursement of funds.
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RECORD SOURCE CATEGORIES:
Subject individuals and PBGC.
ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES OF USERS AND
THE PURPOSES OF SUCH USES:
Information about covered
individuals may be disclosed without
consent as permitted by the Privacy Act
of 1974, 5 U.S.C. 522a(b), and 5 U.S.C.
552a(b)(3) and:
1. General Routine Uses Gl through
G7 and G9 through G14 apply to this
system of records (see Prefatory
Statement of General Routine Uses).
2. A record from this system of
records may be transmitted to the
United States Department of the
Treasury and/or financial institutions,
including entities contracted by PBGC,
to effect payments to consultants and
vendors, to verify consultants’ and
vendors’ eligibility to receive payments,
or to fulfill PBGC’s requirement
pursuant to the Digital Accountability
and Transparency Act of 2014.
3. To the Office of Personnel
Management (OPM), the Office of
Management and Budget (OMB), or the
Government Accountability Office
(GAO) when the information is required
for program evaluation purposes.
4. A record from this system may be
disclosed to a consumer reporting
agency in accordance with 31 U.S.C.
3711(e).
POLICIES AND PRACTICES FOR STORAGE OF
RECORDS:
Records are maintained manually in
paper and/or electronic form (including
computer databases or discs). Records
may also be maintained on back-up
tapes, or on a PBGC or a contractorhosted network.
POLICIES AND PRACTICES FOR RETRIEVAL OF
RECORDS:
Records are retrieved by any one or
more of the following: Name, social
security number, and tax payer
identification number.
POLICIES AND PRACTICES FOR RETENTION AND
DISPOSAL OF RECORDS:
Records are maintained and destroyed
in accordance with the National
Archives and Record Administration’s
(NARA) Basic Laws and Authorities (44
U.S.C. 3301, et seq.) or a PBGC records
disposition schedule approved by
NARA.
Records existing on paper are
destroyed beyond recognition.
Transactional records may be temporary
in nature and deleted once payment has
been accepted, any action has been
completed, superseded, obsolete, or no
longer needed. The retention of other
records may be discontinued at the
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completion of the contract, a requisition
requiring payment, or upon receipt of
the payment itself.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL
SAFEGUARDS:
PBGC has established security and
privacy protocols that meet the required
security and privacy standards issued
by the National Institute of Standards
and Technology (NIST). Records are
maintained in a secure, password
protected electronic system that utilizes
security hardware and software to
include multiple firewalls, active
intruder detection, and role-based
access controls. PBGC has adopted
appropriate administrative, technical,
and physical controls in accordance
with PBGC’s security program to protect
the confidentiality, integrity, and
availability of the information, and to
ensure that records are not disclosed to
or accessed by unauthorized
individuals.
Electronic records are stored on
computer networks, which may include
cloud-based systems, and protected by
controlled access with Personal Identity
Verification (PIV) cards, assigning user
accounts to individuals needing access
to the records and by passwords set by
authorized users that must be changed
periodically.
RECORD ACCESS PROCEDURES:
Individuals, or third parties with
written authorization from the
individual, wishing to request access to
their records in accordance with 29 CFR
4902.4, should submit a written request
to the Disclosure Officer, PBGC, 1200 K
Street NW, Washington, DC 20005,
providing their name, address, date of
birth, and verification of their identity
in accordance with 29 CFR 4902.3(c).
CONTESTING RECORD PROCEDURES:
Individuals, or third parties with
written authorization from the
individual, wishing to amend their
records must submit a written request
identifying the information they wish to
correct in their file, in addition to
following the requirements of the
Record Access Procedure above.
NOTIFICATION PROCEDURES:
Individuals, or third parties with
written authorization from the
individual, wishing to learn whether
this system of records contains
information about them should submit a
written request to the Disclosure Officer,
PBGC, 1200 K Street NW, Washington,
DC 20005, providing their name,
address, date of birth, and verification of
their identity in accordance with 29
CFR 4902.3(c).
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EXEMPTIONS PROMULGATED FOR THE SYSTEM:
deductions, time and attendance
records; emergency contact information;
co-owner and/or beneficiary of bonds;
Thrift Savings Plan information;
Flexible Spending Account information;
Long Term Care Insurance; awards;
retirement information; salary data
including pay rate, grade, length of
service; health information.
None.
HISTORY:
PBGC–2, Disbursements (last
published at 81 FR 63301 (September
14, 2016)).
SYSTEM NAME AND NUMBER:
PBGC–3: Employee Payroll, Leave,
and Attendance Records—PBGC.
RECORD SOURCE CATEGORIES:
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
Pension Benefit Guaranty Corporation
(PBGC), 1200 K Street NW, Washington,
DC 20005 (Records may be kept at an
additional location as backup for
continuity of operations.)
SYSTEM MANAGER(S) AND ADDRESS:
Director, Financial Operations
Division, PBGC, 1200 K Street NW,
Washington, DC 20005.
Director, Human Resources
Department, PBGC, 1200 K Street NW,
Washington, DC 20005.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
29 U.S.C. 1302; 44 U.S.C. 3101; 5
U.S.C. 301; 5 U.S.C. 5501–5584.
PURPOSE(S):
This system of records is maintained
to perform agency functions involving
employee, student, and intern leave,
attendance, and payments, including
determinations relating to the amounts
to be paid to employees, the distribution
of pay according to employee, student,
and intern directions (for allotments to
financial institutions, and for other
authorized purposes), tax withholdings
and other authorized deductions, and
for statistical purposes.
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
Current and former PBGC employees,
students and interns.
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CATEGORIES OF RECORDS IN THE SYSTEM:
Personnel information, such as:
Names, addresses, phone numbers,
social security numbers, employee
numbers, dates of birth, notifications of
personnel actions; payroll information,
such as: Allotments and requests,
marital status and number of
dependents, beneficiary data, child
support enforcement order information
(which may include the social security
numbers of custodian and minor
children), debts owed to PBGC, debts
owed to the federal government,
garnishments, personal bank account
information, direct deposit information,
union dues, tax information, other
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Subject individuals; subject
individuals’ supervisors; timekeepers;
Department of the Interior, Interior
Business Center; and, the Office of
Personnel Management.
ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES OF USERS AND
THE PURPOSES OF SUCH USES:
Information about covered
individuals may be disclosed without
consent as permitted by the Privacy Act
of 1974, 5 U.S.C. 522a(b), and:
1. General Routine Uses G1 through
G14 apply to this system of records (see
Prefatory Statement of General Routine
Uses).
2. A record from this system may be
disclosed to the United States
Department of the Interior, the United
States Department of Labor, Social
Security Administration, and the United
States Department of the Treasury in
order to effect payments to current or
former PBGC employees, students, and
interns.
3. Information regarding current
payments due or delinquent repayments
owed to PBGC through current and
former employees, students, and interns
may be shared with the Department of
the Treasury for the purposes of offset.
4. Information from this system of
records may be disclosed to the Office
of Personnel Management pursuant to
that agency’s responsibility for the
evaluation and oversight of federal
personnel management.
5. A record from this system may be
disclosed to a consumer reporting
agency in accordance with 31 U.S.C.
3711(e).
POLICIES AND PRACTICES FOR STORAGE OF
RECORDS:
Records are maintained manually in
paper and/or electronic form (including
computer databases or discs). Records
may also be maintained on back-up
tapes, or on a PBGC or a contractorhosted network.
POLICIES AND PRACTICES FOR RETRIEVAL OF
RECORDS:
Records are retrieved by any one or
more of the following: Name; employee
number; or social security number.
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6255
POLICIES AND PRACTICES FOR RETENTION AND
DISPOSAL OF RECORDS:
Records are maintained and destroyed
in accordance with the National
Archives and Record Administration’s
(NARA) Basic Laws and Authorities (44
U.S.C. 3301, et seq.) or a PBGC records
disposition schedule approved by
NARA.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL
SAFEGUARDS:
PBGC has established security and
privacy protocols that meet the required
security and privacy standards issued
by the National Institute of Standards
and Technology (NIST). Records are
maintained in a secure, password
protected electronic system that utilizes
security hardware and software to
include multiple firewalls, active
intruder detection, and role-based
access controls. PBGC has adopted
appropriate administrative, technical,
and physical controls in accordance
with PBGC’s security program to protect
the confidentiality, integrity, and
availability of the information, and to
ensure that records are not disclosed to
or accessed by unauthorized
individuals.
Electronic records are stored on
computer networks, which may include
cloud-based systems, and protected by
controlled access with Personal Identity
Verification (PIV) cards, assigning user
accounts to individuals needing access
to the records and by passwords set by
authorized users that must be changed
periodically.
RECORD ACCESS PROCEDURES:
Individuals, or third parties with
written authorization from the
individual, wishing to request access to
their records in accordance with 29 CFR
4902.4, should submit a written request
to the Disclosure Officer, PBGC, 1200 K
Street NW, Washington, DC 20005,
providing their name, address, date of
birth, and verification of their identity
in accordance with 29 CFR 4902.3(c).
CONTESTING RECORD PROCEDURES:
Individuals, or third parties with
written authorization from the
individual, wishing to amend their
records must submit a written request
identifying the information they wish to
correct in their file, in addition to
following the requirements of the
Record Access Procedure above.
NOTIFICATION PROCEDURES:
Individuals, or third parties with
written authorization from the
individual, wishing to learn whether
this system of records contains
information about them should submit a
written request to the Disclosure Officer,
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PBGC, 1200 K Street NW, Washington,
DC 20005, providing their name,
address, date of birth, and verification of
their identity in accordance with 29
CFR 4902.3(c).
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
None.
HISTORY:
PBGC–3, Employee Payroll, Leave,
and Attendance Records (last published
at 81 FR 63301 (September 14, 2016)).
SYSTEM NAME AND NUMBER
PBGC–6: Plan Participant and
Beneficiary Data—PBGC.
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
Pension Benefit Guaranty Corporation
(PBGC), 1200 K Street NW, Washington,
DC 20005, and/or PBGC Field Offices
(Field Benefit Administration), plan
administrator worksites, and paying
agent worksites. (Records may be kept at
an additional location as backup for
continuity of operations.)
SYSTEM MANAGER(S) AND ADDRESS:
Chief of Benefits Administration,
Office of Benefits Administration,
PBGC, 1200 K Street NW, Washington,
DC 20005.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
29 U.S.C. 1055, 1056(d)(3), 1302,
1321, 1341, 1342, and 1350; 26 U.S.C.
6103; 44 U.S.C. 3101; 5 U.S.C. 301.
sradovich on DSK3GMQ082PROD with NOTICES
PURPOSE(S) OF THE SYSTEM:
This system of records is maintained
for use in determining whether
participants, alternate payees,
beneficiaries, spouses and domestic
partners are eligible for benefits under
plans covered by ERISA, determining
supplemental payments to be paid to
those persons by a party other than
PBGC, determining the amounts of
benefits to be paid, making benefit
payments, collecting benefit
overpayments, and complying with
statutory and regulatory mandates.
Names, addresses, and telephone
numbers are used to survey customers
to measure their satisfaction with
PBGC’s benefit payment services and to
track (for follow-up) those who do not
respond to surveys.
Information from this system may be
used for research into, and statistical
information about, benefit
determinations for actuaries and
publications.
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CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
Participants, alternate payees,
beneficiaries, spouses and domestic
partners in terminated and nonterminated retirement plans covered by
the Employee Retirement Income
Security Act (ERISA), and other
individuals who contact PBGC
regarding benefits they may be owed
from PBGC.
CATEGORIES OF RECORDS IN THE SYSTEM:
Names; addresses; telephone
numbers; email addresses; gender;
social security numbers and other Social
Security Administration information;
dates of birth and death; dates of hire,
termination, and retirement; salary;
employment history; marital status;
domestic relations orders; time of plan
participation; eligibility status; pay
status; benefit data, including records of
benefit payments made to participants,
alternate payees, and beneficiaries in
terminating and terminated retirement
plans; powers of attorney; insurance
information where plan benefits are
provided by private insurers; medical
records; disability information;
retirement plan names and numbers;
correspondence; initial and final PBGC
determinations (see, 29 CFR 4003.21
and 4003.59); and, other records relating
to debts owed to PBGC.
RECORD SOURCE CATEGORIES:
Plan administrators; participants,
spouses, alternate payees, beneficiaries,
and other individuals who contact
PBGC regarding benefits they may be
owed from PBGC; agents listed on
power of attorneys; agents listed on
release forms, PBGC field office; the
SSA; the FAA; and the IRS.
ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES OF USERS AND
THE PURPOSES OF SUCH USES:
Information about covered
individuals may be disclosed without
consent as permitted by the Privacy Act
of 1974, 5 U.S.C. 522a(b), and:
1. General Routine Uses G1, G2, G4
through G7, G9 through and G14 apply
to this system of records (see Prefatory
Statement of General Routine Uses).
2. A record from this system of
records may be disclosed to third
parties, such as banks, insurance
companies, or trustees:
a. To enable these third parties to
make or determine benefit payments, or
b. To report to the Internal Revenue
Service (IRS) the amounts of benefits
paid (or required to be paid) and taxes
withheld.
3. A record from this system may be
disclosed, in furtherance of proceedings
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Fmt 4703
Sfmt 4703
under Title IV of ERISA, to a
contributing sponsor (or other employer
who maintained the plan), including
any predecessor or successor, and any
member of the same control group.
4. A record from this system may be
disclosed, upon request, for a purpose
authorized under ERISA, to an official
of a labor organization recognized as the
current or former collective bargaining
representative of the individual about
whom a request is made.
5. Payees’ names, addresses,
telephone numbers, and information
related to how PBGC determined that a
debt was owed by such payees to PBGC
may be disclosed to the Department of
the Treasury or a debt collection agency
or to collect a claim. Disclosure to a debt
collection agency shall be made only
under a contract issued by the federal
government that binds any such
contractor or employee of such
contractor to the penalties of the Privacy
Act. The information so disclosed shall
be used exclusively pursuant to the
terms and conditions of such contract
and shall be used solely for the
purposes prescribed therein. The
contract shall provide that the
information so disclosed shall be
returned at the conclusion of the debt
collection effort.
6. The name and social security
number of a participant employed or
formerly employed as a pilot by a
commercial airline may be disclosed to
the Federal Aviation Administration to
obtain information relevant to the
participant’s eligibility or continued
eligibility for disability benefits.
7. The name of a participant’s plan,
the actual or estimated amount of a
participant’s benefit under ERISA, the
form(s) in which the benefit is payable,
and whether the participant is currently
receiving benefit payments under the
plan or (if not) the earliest date(s) such
payments could commence may be
disclosed to the participant’s spouse,
domestic partner, former spouse, former
domestic partner, child, or other
dependent solely to obtain a qualified
domestic relations order under 29
U.S.C. 1056(d) and 26 U.S.C. 414(p).
PBGC will disclose the information only
upon the receipt of a written request by
a prospective alternate payee, or the
alternate payee’s representative, that
describes the requester’s relationship to
the participant and states that the
information will be used solely to obtain
a qualified domestic relations order
under state domestic relations law.
PBGC will notify the participant of any
information disclosed to a prospective
alternate payee or their representative
under this routine use.
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8. Information from an initial benefit
determination under 29 CFR 4003
(excluding the participant’s address,
telephone number, social security
number, and any sensitive medical
information) may be disclosed to an
alternate payee, or their representative,
under a qualified domestic relations
order issued pursuant to 29 U.S.C.
1056(d) and 26 U.S.C. 414, et seq., to
explain how PBGC determined the
benefit due the alternate payee so that
the alternate payee can pursue an
administrative appeal of the benefit
determination under 29 CFR 4003, et
seq. PBGC shall notify the participant of
the information disclosed to an alternate
payee or their representative under this
routine use.
9. Information from an alternate
payee’s initial benefit determination
under 29 CFR 4003.1 (excluding the
alternate payee’s address, telephone
number, social security number, and
any sensitive medical information) may
be disclosed to a participant, or their
representative, under a qualified
domestic relations order issued
pursuant to 29 U.S.C. 1056(d) and 26
U.S.C. 414(p) to explain how PBGC
determined the benefit due to the
alternate payee so that the participant
may pursue an administrative appeal of
the benefit determination under 29 CFR
4003, et seq. PBGC shall notify the
alternate payee of the information
disclosed to a participant or their
representative under this routine use.
10. Information used in calculating
the benefit, or share of the benefit, of a
participant or alternate payee (excluding
the participant’s or alternate payee’s
address, telephone number, social
security number, and any sensitive
medical information) may be disclosed
to a participant or an alternate payee, or
their representative, when (a) a qualified
domestic relations order issued
pursuant to 29 U.S.C. and 26 U.S.C.
affects the calculation of the benefit, or
share of the benefit, of the participant or
alternate payee; and (b) the information
is needed to explain to the participant
or alternate payee how PBGC calculated
the benefit, or share of the benefit, of the
participant or alternate payee. PBGC
shall notify the participant or the
alternate payee, or their representative,
as appropriate, of the information
disclosed to the participant or the
alternate payee, or their representative,
under this routine use.
11. The names, addresses, social
security numbers, dates of birth, and the
pension plan name and number of
eligible PBGC pension recipients may be
disclosed to the Department of the
Treasury and the Department of Labor to
implement the income tax credit for
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Jkt 244001
health insurance costs under 26 U.S.C.
35 and the program for advance
payment of the tax credit under 26
U.S.C. 7527.
12. Names, addresses, social security
numbers, and dates of birth of eligible
PBGC pension recipients residing in a
particular state may be disclosed to the
state’s workforce agency if the agency
received a National Dislocated Worker
Grant from the Department of Labor
under the Workforce Innovation and
Opportunity Act of 2014 to provide
assistance and support services for state
residents under 29 U.S.C. ch. 32.
13. Payees’ names, social security
numbers, and dates of birth may be
provided to the Department of the
Treasury’s Bureau of the Fiscal Service,
the Social Security Administration, the
Internal Revenue Service, or a third
party with whom PBGC has a
contractual relationship, to verify
payees’ eligibility to receive payments.
14. Names and social security
numbers of participants and
beneficiaries may be provided to the
Department of the Treasury, the
Department of the Treasury’s financial
agent, and the Federal Reserve Bank for
the purpose of learning which of PBGC’s
check payees have electronic debit card
accounts used for the electronic deposit
of federal benefit payments, for
establishing electronic debit card
accounts for eligible participants and
beneficiaries, and for administering
payments to participants and
beneficiaries who have selected this
method of payment.
15. Information relating to revocation
of a power of attorney may be disclosed
to the former agent that was named in
the revoked power of attorney.
16. With the exception of third party
social security numbers, all beneficiary
information contained in the participant
file (such as: Names, addresses, phone
numbers, email addresses and dates of
birth) provided by the subject of the
record may be disclosed to the subject
of the record, upon written request to
the Disclosure Officer in accordance
with the Record Access Procedure
outlined below.
17. Names, social security numbers,
last known addresses, dates of birth and
death, amount of benefit, plan name,
plan EIN/PIN number, name of plan
sponsor, and the city and state of the
plan sponsor of plan participants and
beneficiaries may be disclosed to third
parties, with whom PBGC has a
contractual relationship, that provide
locator services (including credit
reporting agencies and debt collection
firms or agencies) to locate participants
and beneficiaries. Such information will
be disclosed only if PBGC has no
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Fmt 4703
Sfmt 4703
6257
address for an individual, if mail sent to
the individual at the last known address
is returned as undeliverable, or if PBGC
has been otherwise unsuccessful at
contacting the individual. Disclosure
shall be made only under a contract that
subjects the firm or agency providing
the service and its employees to the
criminal penalties of the Privacy Act.
The information so disclosed shall be
used exclusively pursuant to the terms
and conditions of such contract and
shall be used solely for the purposes
prescribed therein. The contract shall
provide that the information so
disclosed shall be returned or destroyed
at the conclusion of the locating effort.
18. Names, social security numbers,
last known addresses, dates of birth and
death, employment history, and pay
status of individuals covered by legal
settlement agreements involving PBGC
may be disclosed to entities covered by
or created under those agreements.
19. A record from this system may be
disclosed to a consumer reporting
agency in accordance with 31 U.S.C.
3711(e).
POLICIES AND PRACTICES FOR STORAGE OF
RECORDS:
Records are maintained manually in
paper and/or electronic form (including
computer databases or discs). Records
may also be maintained on back-up
tapes, or on a PBGC or a contractorhosted network.
POLICIES AND PRACTICES FOR RETRIEVAL OF
RECORDS:
Records are retrieved by any one or
more of the following: Name; social
security number; customer
identification number; address; date of
birth; or, date of death.
POLICIES AND PRACTICES FOR RETENTION AND
DISPOSAL OF RECORDS:
Records are maintained and destroyed
in accordance with the National
Archives and Record Administration’s
(NARA) Basic Laws and Authorities (44
U.S.C. 3301, et seq.) or a PBGC records
disposition schedule approved by
NARA.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL
SAFEGUARDS:
PBGC has established security and
privacy protocols that meet the required
security and privacy standards issued
by the National Institute of Standards
and Technology (NIST). Records are
maintained in a secure, password
protected electronic system that utilizes
security hardware and software to
include multiple firewalls, active
intruder detection, and role-based
access controls. PBGC has adopted
appropriate administrative, technical,
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and physical controls in accordance
with PBGC’s security program to protect
the confidentiality, integrity, and
availability of the information, and to
ensure that records are not disclosed to
or accessed by unauthorized
individuals.
Electronic records are stored on
computer networks, which may include
cloud-based systems, and protected by
controlled access with Personal Identity
Verification (PIV) cards, assigning user
accounts to individuals needing access
to the records and by passwords set by
authorized users that must be changed
periodically.
Paper and electronic records that
contain federal tax information are
stored under procedures that meet IRS
safeguarding standards, as reflected in
IRS Publication 1075. Other records that
do not contain federal tax information
are kept in file folders in areas of
restricted access that are locked after
office hours.
RECORD ACCESS PROCEDURES:
Individuals, or third parties with
written authorization from the
individual, wishing to request access to
their records in accordance with 29 CFR
4902.4 or to amend records pertaining to
themselves in accordance with 29 CFR
4902.5, should submit a written request
to the Disclosure Officer, PBGC, 1200 K
Street NW, Washington, DC 20005,
providing their name, address, date of
birth, and verification of their identity
in accordance with 29 CFR 4902.3(c).
CONTESTING RECORD PROCEDURES:
Individuals, or third parties with
written authorization from the
individual, wishing to amend their
records must submit a written request
identifying the information they wish to
correct in their file, in addition to
following the requirements of the
Record Access Procedure above.
sradovich on DSK3GMQ082PROD with NOTICES
NOTIFICATION PROCEDURES:
Individuals, or third parties with
written authorization from the
individual, wishing to learn whether
this system of records contains
information about them should submit a
written request to the Disclosure Officer,
PBGC, 1200 K Street NW, Washington,
DC 20005, providing their name,
address, date of birth, and verification of
their identity in accordance with 29
CFR 4902.3(c).
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
None.
HISTORY:
PBGC–6, Plan Participant and
Beneficiary Data (last published at 81
FR 63303 (September 14, 2016)).
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Jkt 244001
SYSTEM NAME AND NUMBER
PBGC–8: Employee Relations Files—
PBGC
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
Pension Benefit Guaranty Corporation
(PBGC), 1200 K Street NW, Washington,
DC 20005 (Records may be kept at an
additional location as backup for
continuity of operations.)
SYSTEM MANAGER(S) AND ADDRESS:
Director, Human Resources
Department, PBGC, 1200 K Street NW,
Washington, DC 20005.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
29 U.S.C. 1302; 44 U.S.C. 3101; 5
U.S.C. 301; 5 U.S.C. 7101; 42 U.S.C.
2000e et seq.
PURPOSE(S) OF THE SYSTEM:
The purpose of this system is to
catalog, investigate, and appropriately
and timely respond to administrative
and union grievances and appeals filed
by PBGC employees or the Union on
behalf of an employee pursuant to
PBGC’s Administrative Grievance
Procedure and the Collective Bargaining
Agreement.
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
Current and former PBGC employees
who have initiated grievances under an
administrative grievance procedure or
under an applicable collective
bargaining agreement.
CATEGORIES OF RECORDS IN THE SYSTEM:
Administrative and union grievances
submitted by PBGC employees or the
Union; agency responses to employees
and Union grievances; employees’
appeals of responses to grievances;
agency responses to such appeals and
related correspondence; investigative
notes; records of proceedings; appeal
decisions; last chance, last rights, and
settlement agreements, and related
information.
RECORD SOURCE CATEGORIES:
Subject individuals; subject
individuals’ supervisors, managers,
representatives or colleagues; PBGC
Office of the General Counsel; PBGC
Human Resources Department staff;
Department of Labor; Office of
Personnel Management; United States
Office of Special Counsel; Federal Labor
Relations Authority; the Equal
Employment Opportunity Commission;
the Merit Systems Protection Board;
and, other individuals with relevant
information.
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Fmt 4703
Sfmt 4703
ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES OF USERS AND
THE PURPOSES OF SUCH USES:
Information about covered
individuals may be disclosed without
consent as permitted by the Privacy Act
of 1974, 5 U.S.C. 522a(b), and:
1. General Routine Uses G1 through
G11, G13, and G14 apply to this system
of records (see Prefatory Statement of
General Routine Uses).
2. A record from this system of
records may be disclosed to the Office
of Personnel Management, the Merit
Systems Protection Board, the Federal
Labor Relations Authority, Office of
Special Counsel, or the Equal
Employment Opportunity Commission
to carry out their authorized functions
(under 5 U.S.C. 1103, 1204, 7105, and
42 U.S.C. 2000e–4, in that order).
3. A record from this system may be
disclosed to a union representative,
Hearing Examiner or Arbitrator for the
purpose of representation or in order to
conduct a hearing in connection with an
employee’s grievance or appeal.
POLICIES AND PRACTICES FOR STORAGE OF
RECORDS:
Records are maintained manually in
paper and/or electronic form (including
computer databases or discs). Records
may also be maintained on back-up
tapes, or on a PBGC or a contractorhosted network.
POLICIES AND PRACTICES FOR RETRIEVAL OF
RECORDS:
Records are retrieved by employee
name or social security number.
RETENTION AND DISPOSAL:
Records are maintained and destroyed
in accordance with the National
Archives and Record Administration’s
(NARA) Basic Laws and Authorities (44
U.S.C. 3301, et seq.) or a PBGC records
disposition schedule approved by
NARA.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL
SAFEGUARDS:
PBGC has established security and
privacy protocols that meet the required
security and privacy standards issued
by the National Institute of Standards
and Technology (NIST). Records are
maintained in a secure, password
protected electronic system that utilizes
security hardware and software to
include multiple firewalls, active
intruder detection, and role-based
access controls. PBGC has adopted
appropriate administrative, technical,
and physical controls in accordance
with PBGC’s security program to protect
the confidentiality, integrity, and
availability of the information, and to
ensure that records are not disclosed to
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or accessed by unauthorized
individuals.
Electronic records are stored on
computer networks, which may include
cloud-based systems, and protected by
controlled access with Personal Identity
Verification (PIV) cards, assigning user
accounts to individuals needing access
to the records and by passwords set by
authorized users that must be changed
periodically.
HISTORY:
RECORD ACCESS PROCEDURES:
Pension Benefit Guaranty Corporation
(PBGC), 1200 K Street NW, Washington,
DC 20005 and/or PBGC Field Offices
(Field Benefit Administration), and
paying agent worksites. (Records may be
kept at an additional location as backup
for continuity of operations.)
Individuals, or third parties with
written authorization from the
individual, wishing to request access to
their records in accordance with 29 CFR
4902.4, should submit a written request
to the Disclosure Officer, PBGC, 1200 K
Street NW, Washington, DC 20005,
providing their name, address, date of
birth, and verification of their identity
in accordance with 29 CFR 4902.3(c).
CONTESTING RECORD PROCEDURES:
NOTIFICATION PROCEDURES:
Individuals, or third parties with
written authorization from the
individual, wishing to learn whether
this system of records contains
information about them should submit a
written request to the Disclosure Officer,
PBGC, 1200 K Street NW, Washington,
DC 20005, providing their name,
address, date of birth, and verification of
their identity in accordance with 29
CFR 4902.3(c).
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EXEMPTIONS PROMULGATED FOR THE SYSTEM:
Pursuant to 5 U.S.C. 552a(k)(2),
records in this system are exempt from
the requirements of subsections (c)(3),
(d), (e)(1), (e)(4)(G), (H), (I), and of 5
U.S.C. 552a, provided, however, that if
any individual is denied any right,
privilege, or benefit that he or she
would otherwise be entitled to by
federal law, or for which he or she
would otherwise be eligible, as a result
of the maintenance of these records,
such material shall be provided to the
individual, except to the extent that the
disclosure of the material would reveal
the identity of a source who furnished
information to the Government with an
express promise that the identity of the
source would be held in confidence.
23:12 Feb 12, 2018
Jkt 244001
SYSTEM NAME AND NUMBER
PBGC–9: Unclaimed Pensions—
PBGC.
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
SYSTEM MANAGER(S) AND ADDRESS:
Director—Participant Services
Department, Office of Benefits
Administration, PBGC, 1200 K Street
NW, Washington, DC 20005.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
Individuals, or third parties with
written authorization from the
individual, wishing to amend their
records must submit a written request
identifying the information they wish to
correct in their file, following the
requirements of Record Access
Procedure above.
VerDate Sep<11>2014
PBGC–8, Employee Relations Files
(last published at 81 FR 63305
(September 14, 2016)).
29 U.S.C. 1055, 1056(d)(3), 1302,
1321, 1322, 1322a, 1341, 1342, and
1350; 29 U.S.C. 1203; 44 U.S.C. 3101; 5
U.S.C. 301.
PURPOSE(S) OF THE SYSTEM:
This system of records is maintained
to locate participants, alternate payees,
and beneficiaries of defined benefit and
defined contribution plan funds who
may be owed benefits as the result of a
terminated plan or defined contribution
plan whose funds are held under the
control or authority of the PBGC, and to
provide information on insurance
companies to individuals who may have
had annuities purchased for them by a
terminated plan.
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
Participants, alternate payees, and
beneficiaries in defined benefit plans,
and defined contribution plans covered
by the Employee Retirement Income
Security Act of 1974 (ERISA).
CATEGORIES OF RECORDS IN THE SYSTEM:
Names; dates of birth and death;
social security numbers; addresses;
email addresses; telephone numbers;
names of plan sponsor; names of
defined benefit and defined
contribution plans; plan numbers for
defined benefit and defined
contribution plans; employment history;
pay status; amount of benefit owed; last
known address of the plan sponsor and
plan sponsor EIN/PN.
RECORD SOURCE CATEGORIES:
PBGC–6; the SSA; the IRS; labor
organization officials; firms or agencies
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Fmt 4703
Sfmt 4703
6259
providing locator services; USPS
licensees; and, PBGC Field Offices
(Field Benefit Administration) and any
other individual that provides PBGC
with information regarding a missing
participant, beneficiary, or alternate
payee.
ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES OF USERS AND
THE PURPOSES OF SUCH USES:
Information about covered
individuals may be disclosed without
consent as permitted by the Privacy Act
of 1974, 5 U.S.C. 522a(b), and:
1. General Routine Uses G1, G4
through G7, G9 through G11, G13 and
G14 apply to this system of records (see
Prefatory Statement of General Routine
Uses).
2. Names and social security numbers
of plan participants, beneficiaries, and
alternate payees may be disclosed to the
Internal Revenue Service (IRS) to obtain
current addresses from tax return
information and to the Social Security
Administration (SSA) to obtain current
addresses. Such information will be
disclosed only if PBGC has no address
for an individual or if mail sent to the
individual at the last known address is
returned as undeliverable.
3. Names and last known addresses
may be disclosed to an official of a labor
organization recognized as the collective
bargaining representative of participants
for posting in union halls or for other
means of publication to obtain current
addresses of participants and
beneficiaries. Such information will be
disclosed only if PBGC has no address
for an individual or if mail sent to the
individual at the last known address is
returned as undeliverable.
4. Names, social security numbers,
last known addresses, dates of birth and
death, amount of benefit, retirement
plan name, plan EIN/PN number, name
of plan sponsor, and the city and state
of the plan sponsor may be disclosed to
private firms and agencies that provide
locator services, including credit
reporting agencies and debt collection
firms or agencies, to locate participants,
beneficiaries, and alternate payees. Such
information will be disclosed only if
PBGC has no address for an individual,
if mail sent to the individual at the last
known address is returned as
undeliverable or if PBGC has been
otherwise unsuccessful at contacting the
individual. Disclosure shall be made
only under a contract that subjects the
firm or agency providing the service and
its employees and contractors to the
criminal penalties of the Privacy Act.
The information so disclosed shall be
used exclusively pursuant to the terms
and conditions of such contract and
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shall be used solely for the purposes
prescribed therein. The contract shall
provide that the information so
disclosed shall be returned or destroyed
at the conclusion of the locating effort.
5. Names and addresses may be
disclosed to licensees of the United
States Postal Service (USPS) to obtain
current addresses under the USPS’s
National Change of Address Linkage
System (NCOA). Disclosure shall be
made only under a contract that binds
the licensee of the Postal Service and its
employees to the criminal penalties of
the Privacy Act. The contract shall
provide that the records disclosed by
PBGC shall be used exclusively for
updating addresses under NCOA and
must be returned to PBGC or destroyed
when the process is completed. The
records will be exchanged electronically
in an encrypted format.
6. Names and last known addresses
may be disclosed to other participants
in, and beneficiaries under, a retirement
plan to obtain the current addresses of
individuals. Such information will be
disclosed only if PBGC has no address
for an individual or if mail sent to the
individual at the last known address is
returned as undeliverable.
7. Names of participants and
beneficiaries, names and addresses of
participants’ former employers, and the
plan name may be disclosed to the
public to obtain the current addresses
for participants, beneficiaries, and
alternate payees. Such information will
be disclosed to the public when PBGC
is unable to make benefit payments to
those participants, beneficiaries, and
alternate payees because the address on
file is unable to be confirmed as current
or correct.
8. Names, social security numbers,
last known addresses, dates of birth and
death, employment history, and pay
status of individuals covered by legal
settlement agreements involving PBGC
may be disclosed to entities covered by
or created under those agreements.
9. Names, social security numbers,
last known addresses, dates of birth, and
benefit amounts owed may be disclosed
to other government agencies under a
Memorandum of Understanding or an
Interagency Agreement in order to
locate missing participants.
10. Names, social security numbers,
dates of birth and death, name of plan
sponsors, plan sponsor EIN/PN may be
periodically disclosed to insurance
companies where annuities have been
purchased by a terminated plan.
POLICIES AND PRACTICES FOR STORAGE OF
RECORDS:
Records are maintained manually in
paper and/or electronic form (including
VerDate Sep<11>2014
23:12 Feb 12, 2018
Jkt 244001
computer databases or discs). Records
may also be maintained on back-up
tapes, or on a PBGC or a contractorhosted network.
POLICIES AND PRACTICES FOR RETRIEVAL OF
RECORDS:
Records are retrieved by employee
name, social security number and/or
date of birth.
POLICIES AND PRACTICES FOR RETENTION AND
DISPOSAL OF RECORDS:
Records are maintained and destroyed
in accordance with the National
Archives and Record Administration’s
(NARA) Basic Laws and Authorities (44
U.S.C. 3301, et seq.) or a PBGC records
disposition schedule approved by
NARA.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL
SAFEGUARDS:
PBGC has established security and
privacy protocols that meet the required
security and privacy standards issued
by the National Institute of Standards
and Technology (NIST). Records are
maintained in a secure, password
protected electronic system that utilizes
security hardware and software to
include multiple firewalls, active
intruder detection, and role-based
access controls. PBGC has adopted
appropriate administrative, technical,
and physical controls in accordance
with PBGC’s security program to protect
the confidentiality, integrity, and
availability of the information, and to
ensure that records are not disclosed to
or accessed by unauthorized
individuals.
Electronic records are stored on
computer networks, which may include
cloud-based systems, and protected by
controlled access with Personal Identity
Verification (PIV) cards, assigning user
accounts to individuals needing access
to the records and by passwords set by
authorized users that must be changed
periodically.
RECORD ACCESS PROCEDURES:
Individuals, or third parties with
written authorization from the
individual, wishing to request access to
their records in accordance with 29 CFR
4902.4, should submit a written request
to the Disclosure Officer, PBGC, 1200 K
Street NW, Washington, DC 20005,
providing their name, address, date of
birth, and verification of their identity
in accordance with 29 CFR 4902.3(c).
CONTESTING RECORD PROCEDURES:
Individuals, or third parties with
written authorization from the
individual, wishing to amend their
records must submit a written request
identifying the information they wish to
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Fmt 4703
Sfmt 4703
correct in their file, in addition to
following the requirements of the
Record Access Procedure above.
NOTIFICATION PROCEDURES:
Individuals, or third parties with
written authorization from the
individual, wishing to learn whether
this system of records contains
information about them should submit a
written request to the Disclosure Officer,
PBGC, 1200 K Street NW, Washington,
DC 20005, providing their name,
address, date of birth, and verification of
their identity in accordance with 29
CFR 4902.3(c).
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
None.
HISTORY:
PBGC–9, Unclaimed Pensions
(amended to Unclaimed Retirement
Funds) (last published at 81 FR 63306
(September 14, 2016)).
SYSTEM NAME AND NUMBER
PBGC–10: Administrative Appeals
Files—PBGC.
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
Pension Benefit Guaranty Corporation
(PBGC), 1200 K Street NW, Washington,
DC 20005. (Records may be kept at an
additional location as backup for
continuity of operations.)
SYSTEM MANAGER(S) AND ADDRESS:
Manager of the Appeals Division,
Office of the General Counsel, PBGC,
1200 K Street NW, Washington, DC
20005.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
29 U.S.C. 1302; 44 U.S.C. 3101; 5
U.S.C. 301; 29 U.S.C. ch. 18; 29 CFR
4003.1; 29 CFR 4003.
PURPOSE(S) OF THE SYSTEM:
The purpose of this system is to
catalog, review, and respond to
administrative appeals by plan
participants, beneficiaries and
employers of PBGC determinations
(such as plan, benefit, qualified
domestic relations order, payment, and
liability determinations).
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
Individuals who file administrative
appeals with PBGC’ s Appeals Board.
CATEGORIES OF RECORDS IN THE SYSTEM:
Personal information (such as names,
addresses, social security numbers,
gender, dates of birth, dates of hire and
termination, salary, marital status,
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marriage certificates, birth certificates,
domestic relations orders, medical
records); employment and pension plan
information (such as the name of the
pension plan, plan number, dates of
commencement of plan participation or
employment, statements regarding
employment, dates of termination of
plan participation or retirement, benefit
payment data, benefit election forms
and data on beneficiaries, pay status,
calculations of benefit amounts,
calculations of amounts subject to
recoupment and/or recovery, and
worker’s compensation awards); Social
Security Administration (SSA)
information; insurance claims and
awards; correspondence; and, other
information relating to appeals and
initial and final PBGC determinations.
RECORD SOURCE CATEGORIES:
Subject individuals; participants,
beneficiaries, or alternate payees; plan
administrators, plan actuaries, paying
agents, purchased annuity providers,
contributing sponsors (or other
employer who maintained the plan,
which may include any predecessor,
successor, or member of the same
control group); the labor organization
recognized as the collective bargaining
representative of a participant; SSA;
and, any third party affected by the
decision.
sradovich on DSK3GMQ082PROD with NOTICES
ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES OF USERS AND
THE PURPOSES OF SUCH USES:
Information about covered
individuals may be disclosed without
consent as permitted by the Privacy Act
of 1974, 5 U.S.C. 522a(b), and:
1. General Routine Uses G1 and G4
through G14 apply to this system of
records (see Prefatory Statement of
General Routine Uses).
2. A record from this system may be
disclosed to third parties who may be
aggrieved by the decision of the Appeals
Board under 29 CFR 4003.57.
3. A record from this system may be
disclosed, upon request, to an attorney
representative or a non-attorney
representative who has a power of
attorney for the subject individuals,
under 29 CFR 4003.6.
4. A record from this system may be
disclosed to third parties, such as banks,
insurance companies, and trustees, to
effectuate benefit payments to plan
participants, beneficiaries, and/or
alternate payees.
5. A record from this system may be
disclosed to third parties, such as
contractors and expert witnesses, to
obtain expert analysis of an issue
necessary to resolve an appeal.
6. A record from this system,
specifically, the name and social
VerDate Sep<11>2014
23:12 Feb 12, 2018
Jkt 244001
security number of a participant, may be
disclosed to an official of a labor
organization recognized as the collective
bargaining representative of the
participant to obtain information
relevant to the resolution of an appeal.
7. A record from this system may be
disclosed to a consumer reporting
agency in accordance with 31 U.S.C.
3711(e).
POLICIES AND PRACTICES FOR STORAGE OF
RECORDS:
Records are maintained manually in
paper and/or electronic form (including
computer databases or discs). Records
may also be maintained on back-up
tapes, or on a PBGC or a contractorhosted network.
POLICIES AND PRACTICES FOR RETRIEVAL OF
RECORDS:
Records are retrieved by any one or
more of the following: participant,
beneficiary, and/or alternate payee’s
name, social security number, or PBGC
customer identification number; plan
name; appeal number; or extension
request number.
Electronic records are stored on
computer networks, which may include
cloud-based systems, and protected by
controlled access with Personal Identity
Verification (PIV) cards, assigning user
accounts to individuals needing access
to the records and by passwords set by
authorized users that must be changed
periodically.
POLICIES AND PRACTICES FOR RETENTION AND
DISPOSAL OF RECORDS:
Records are maintained and destroyed
in accordance with the National
Archives and Record Administration’s
(NARA) Basic Laws and Authorities (44
U.S.C. 3301, et seq.) or a PBGC records
disposition schedule approved by
NARA.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL
SAFEGUARDS:
PBGC has established security and
privacy protocols that meet the required
security and privacy standards issued
by the National Institute of Standards
and Technology (NIST). Records are
maintained in a secure, password
protected electronic system that utilizes
security hardware and software to
include multiple firewalls, active
intruder detection, and role-based
access controls. PBGC has adopted
appropriate administrative, technical,
and physical controls in accordance
with PBGC’s security program to protect
the confidentiality, integrity, and
availability of the information, and to
ensure that records are not disclosed to
or accessed by unauthorized
individuals.
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Fmt 4703
Sfmt 4703
6261
RECORD ACCESS PROCEDURES:
Individuals, or third parties with
written authorization from the
individual, wishing to request access to
their records in accordance with 29 CFR
4902.4, should submit a written request
to the Disclosure Officer, PBGC, 1200 K
Street NW, Washington, DC 20005,
providing their name, address, date of
birth, and verification of their identity
in accordance with 29 CFR 4902.3(c).
CONTESTING RECORD PROCEDURES:
Individuals, or third parties with
written authorization from the
individual, wishing to amend their
records must submit a written request
identifying the information they wish to
correct in their file, in addition to
following the requirements of the
Record Access Procedure above.
NOTIFICATION PROCEDURES:
Individuals, or third parties with
written authorization from the
individual, wishing to learn whether
this system of records contains
information about them should submit a
written request to the Disclosure Officer,
PBGC, 1200 K Street NW, Washington,
DC 20005, providing their name,
address, date of birth, and verification of
their identity in accordance with 29
CFR 4902.3(c).
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
None.
HISTORY:
PBGC–10, Administrative Appeals
File (last published at 81 FR 63307
(September 14, 2016)).
SYSTEM NAME AND NUMBER
PBGC–11: Call Detail Records—PBGC.
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
Pension Benefit Guaranty Corporation
(PBGC), 1200 K Street NW, Washington,
DC 20005. (Records may be kept at an
additional location as backup for
continuity of operations.)
SYSTEM MANAGER(S) AND ADDRESS:
Chief Information Officer, Office of
Information Technology, PBGC, 1200 K
Street NW, Washington, DC 20005.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
29 U.S.C. 1302; 44 U.S.C. 3101; 5
U.S.C. 301.
PURPOSE(S) OF THE SYSTEM:
This system of records is used for
Office of the Inspector General
investigations and other special
investigation requests.
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CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
PBGC employees, contractors,
students and interns.
CATEGORIES OF RECORDS IN THE SYSTEM:
Records relating to the use of PBGC
telephones and PBGC-issued portable
electronic devices to place calls outside
of PBGC and receive calls from outside
of PBGC, and records indicating the
assignment of telephone extension
numbers and PBGC-issued portable
electronic devices to PBGC employees.
ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES OF USERS AND
THE PURPOSES OF SUCH USES:
Information about covered
individuals may be disclosed without
consent as permitted by the Privacy Act
of 1974, 5 U.S.C. 522a(b), and:
1. General Routine Uses G1, G3, G4,
G5, and G7 through G14 apply to this
system of records (see Prefatory
Statement of General Routine Uses).
POLICIES AND PRACTICES FOR STORAGE OF
RECORDS:
Records are maintained manually in
paper and/or electronic form (including
computer databases or discs). Records
may also be maintained on back-up
tapes, or on a PBGC or a contractorhosted network.
POLICIES AND PRACTICES FOR RETRIEVAL OF
RECORDS:
Records are retrieved by any one or
more of the following: name of
employee or contractor; telephone
extension number; PBGC-issued
portable electronic device number; or
telephone number called.
Records are maintained and destroyed
in accordance with the National
Archives and Record Administration’s
(NARA) Basic Laws and Authorities (44
U.S.C. 3301, et seq.) or a PBGC records
disposition schedule approved by
NARA.
sradovich on DSK3GMQ082PROD with NOTICES
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL
SAFEGUARDS:
Jkt 244001
Individuals, or third parties with
written authorization from the
individual, wishing to request access to
their records in accordance with 29 CFR
4902.4, should submit a written request
to the Disclosure Officer, PBGC, 1200 K
Street NW, Washington, DC 20005,
providing their name, address, date of
birth, and verification of their identity
in accordance with 29 CFR 4902.3(c).
CONTESTING RECORD PROCEDURES:
Individuals, or third parties with
written authorization from the
individual, wishing to amend their
records must submit a written request
identifying the information they wish to
correct in their file, in addition to
following the requirements of the
Record Access Procedure above.
Individuals, or third parties with
written authorization from the
individual, wishing to learn whether
this system of records contains
information about them should submit a
written request to the Disclosure Officer,
PBGC, 1200 K Street NW, Washington,
DC 20005, providing their name,
address, date of birth, and verification of
their identity in accordance with 29
CFR 4902.3(c).
RECORD SOURCE CATEGORIES:
Telephone and PBGC-issued portable
electronic device assignment records.
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
PBGC has established security and
privacy protocols that meet the required
security and privacy standards issued
by the National Institute of Standards
and Technology (NIST). Records are
maintained in a secure, password
protected electronic system that utilizes
security hardware and software to
include multiple firewalls, active
intruder detection, and role-based
access controls. PBGC has adopted
appropriate administrative, technical,
and physical controls in accordance
23:12 Feb 12, 2018
RECORD ACCESS PROCEDURES:
NOTIFICATION PROCEDURES:
POLICIES AND PRACTICES FOR RETENTION AND
DISPOSAL OF RECORDS:
VerDate Sep<11>2014
with PBGC’s security program to protect
the confidentiality, integrity, and
availability of the information, and to
ensure that records are not disclosed to
or accessed by unauthorized
individuals.
Electronic records are stored on
computer networks, which may include
cloud-based systems, and protected by
controlled access with Personal Identity
Verification (PIV) cards, assigning user
accounts to individuals needing access
to the records and by passwords set by
authorized users that must be changed
periodically.
None.
HISTORY:
PBGC–11, Call Detail Records (last
published at 81 FR 63308 (September
14, 2016)).
SYSTEM NAME AND NUMBER
PBGC–12: Personnel Security
Investigation Records—PBGC.
SECURITY CLASSIFICATION:
Unclassified.
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Fmt 4703
Sfmt 4703
SYSTEM LOCATION:
Pension Benefit Guaranty Corporation
(PBGC), 1200 K Street NW, Washington,
DC 20005 (Records may be kept at an
additional location as backup for
continuity of operations.)
SYSTEM MANAGER(S) AND ADDRESS:
Director, Human Resources
Department, PBGC, 1200 K Street NW,
Washington, DC 20005.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
29 U.S.C. 1302; 5 U.S.C. 3301; 44
U.S.C. 3101; Executive Order 10450;
Executive Order 10577; Executive Order
12968; Executive Order 13467;
Executive Order 13488; 5 CFR 5.2; 5
CFR 731, 732 and 736; 5 CFR 1400;
OMB Circular No. A–130 Revised,
Appendix III, 61 FR 6428; Federal
Information Processing Standard 201;
Homeland Security Presidential
Directive 12.
PURPOSE(S) OF THE SYSTEM:
The records in this system of records
are used to document and support
decisions as to the suitability, eligibility,
and fitness for service of applicants for
federal employment and contract
positions, and may include students,
interns, or vendors to the extent their
duties require access to federal facilities,
information, information systems, or
applications.
The records may also be used to help
streamline and make the background
suitability investigations and
adjudications processes more efficient.
The records additionally may be used
to document security violations and
supervisory actions taken in response to
such violations.
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
Current and former applicants,
employees, students, interns,
government contractors, experts,
instructors, vendors, and consultants to
federal programs who undergo a
personnel background investigation to
determining suitability for employment,
contractor employee fitness,
credentialing for Homeland Security
Presidential Directive 12, and/or access
to PBGG facilities or information
technology system. Individuals who
have corresponded with PBGC regarding
personnel security investigations. This
system also includes individuals
accused of or found in violation of
PBGC’s security rules and regulations.
CATEGORIES OF RECORDS IN THE SYSTEM:
Name; former names; date and place
of birth; home address; email address;
phone numbers; employment history;
residential history; education and
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degrees citizenship; passport
information; name, date and place of
birth, social security number, and
citizenship information for spouse or
cohabitant; the name and marriage
information for current and former
spouse(s) or domestic partner, names of
associates and references and their
contact information; names, dates and
places of birth, citizenship, and
addresses of relatives; names of relatives
who work for the federal government;
information on foreign contacts and
activities; association records;
information on loyalty to the United
States; criminal history; mental health
history; drug use; financial information;
photographs; personal identity
verification (PIV) card information;
information from the Internal Revenue
Service (IRS) pertaining to income tax
returns; credit reports; information
pertaining to security clearances; other
agency reports furnished to PBGC in
connection with the background
investigation process; summaries of
personal and third party interviews
conducted during the background
investigation; results of suitability
decisions; and additional records
developed from above.
Records pertaining to security
violations may contain information
pertaining to circumstances of the
violation; witness statements;
investigator’s notes; and documentation
of agency action taken in response to
security violations.
RECORD SOURCE CATEGORIES:
sradovich on DSK3GMQ082PROD with NOTICES
Applications and other personnel and
security forms, including, but not
limited to, SF–85, SF–85P, SF–86, SF–
87; information from personal
interviews with the applicant and
various individuals, such as former
employers, references, neighbors, and
other associates who may have
information about the subject of the
investigation; investigative records and
notices of personnel actions furnished
by other federal agencies; public records
such as court filings; publications such
as newspapers, magazines, and
periodicals; tax records; educational
institutions; police departments; credit
bureaus; probation officials; prison
officials; and, medical professionals.
ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES OF USERS AND
THE PURPOSES OF SUCH USES:
Information about covered
individuals may be disclosed without
consent as permitted by the Privacy Act
of 1974, 5 U.S.C. 522a(b), and:
1. General Routine Uses G1 through
G14 apply to this system of records (see
VerDate Sep<11>2014
23:12 Feb 12, 2018
Jkt 244001
Prefatory Statement of General Routine
Uses).
2. A record, from which information
is requested during an investigation
from this system, may be disclosed to an
authorized source (i.e., someone who
has the legal authority to request such
information, such as an investigator
from the Office of Personnel
Management National Background
Investigations Bureau (NBIB), or the
Office of the Inspector General) to the
extent necessary to identify the
individual, inform the source of the
nature and purpose of the investigation,
or identify the type of information
requested.
3. A record from this system of
records may be disclosed to the Office
of Personnel Management, the Merit
Systems Protection Board, the Federal
Labor Relations Authority, or the Equal
Employment Opportunity Commission
to carry out its respective authorized
functions (under 5 U.S.C. 1204, and
7105, and 42 U.S.C. 2000e–4).
4. To designated officers and
employees of agencies, offices, and
other establishments in the executive,
legislative, and judicial branches of the
Federal Government, having a need to
evaluate qualifications, suitability, and
loyalty to the United States Government
and/or a security clearance or access
determination.
5. To designated officers and
employees of agencies, offices, and
other establishments in the executive,
legislative, and judicial branches of the
Federal Government, when such agency,
office, or establishment investigates an
individual for purposes of granting a
security clearance, or for the purpose of
making a determination of
qualifications, suitability, or loyalty to
the United States Government, or access
to classified information or restricted
areas.
6. To designated officers and
employees of agencies, offices, and
other establishments in the executive,
judicial, or legislative branches of the
Federal Government, having the
responsibility to grant clearances to
make a determination regarding access
to classified information or restricted
areas, or to evaluate qualifications,
suitability, or loyalty to the United
States Government, in connection with
performance of a service to the Federal
Government under a contract or other
agreement.
7. To U.S. intelligence agencies for
use in intelligence activities.
8. To the appropriate federal, state,
tribal, local, or other public authority
responsible for investigating,
prosecuting, enforcing, or implementing
a statute, rule, regulation, or order
PO 00000
Frm 00105
Fmt 4703
Sfmt 4703
6263
where OPM becomes aware of an
indication of a violation or potential
violation of civil or criminal law or
regulation.
9. To an agency, office, or other
establishment in the executive,
legislative, or judicial branches of the
Federal Government, in response to its
request, in connection with the hiring or
retention of an employee, the issuance
of a security clearance, the conducting
of a security or suitability investigation
of an individual, the classifying of jobs,
the letting of a contract, or the issuance
of a license, grant, or other benefit by
the requesting agency, to the extent that
the information is relevant and
necessary to the requesting agency’s
decision on the matter.
10. To provide information to a
congressional office from the record of
an individual in response to an inquiry
from the congressional office made at
the request of that individual. However,
to the extent these records may reveal
the identity of an individual who has
provided information pertaining to the
investigation, the investigative file, or
the parts thereof, are exempt from
release. Further, requests for OPM
records contained in this system will be
referred to OPM.
11. To disclose information to
contractors, experts, consultants, or
students performing or working on a
contract, service, or job for the PBGC.
12. To disclose results of
investigations or individuals records to
agencies, such as the Department of
Labor, providing adjudicative support
services to PBGC.
13. To provide criminal history record
information to the FBI, to help ensure
the accuracy and completeness of FBI
and PBGC records.
POLICIES AND PRACTICES FOR STORAGE OF
RECORDS:
Records are maintained manually in
paper and/or electronic form (including
computer databases or discs). Records
may also be maintained on back-up
tapes, or on a PBGC or a contractorhosted network.
POLICIES AND PRACTICES FOR RETRIEVAL OF
RECORDS:
Records are retrieved by any one or
more of the following: name; social
security number; unique case serial
number; or other unique identifier.
POLICIES AND PRACTICES FOR RETENTION AND
DISPOSAL OF RECORDS:
Records are maintained and destroyed
in accordance with the National
Archives and Record Administration’s
(NARA) Basic Laws and Authorities (44
U.S.C. 3301, et seq.) or a PBGC records
E:\FR\FM\13FEN1.SGM
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Federal Register / Vol. 83, No. 30 / Tuesday, February 13, 2018 / Notices
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
disposition schedule approved by
NARA.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL
SAFEGUARDS:
PBGC has established security and
privacy protocols that meet the required
security and privacy standards issued
by the National Institute of Standards
and Technology (NIST). Records are
maintained in a secure, password
protected electronic system that utilizes
security hardware and software to
include multiple firewalls, active
intruder detection, and role-based
access controls. PBGC has adopted
appropriate administrative, technical,
and physical controls in accordance
with PBGC’s security program to protect
the confidentiality, integrity, and
availability of the information, and to
ensure that records are not disclosed to
or accessed by unauthorized
individuals.
Electronic records are stored on
computer networks, which may include
cloud-based systems, and protected by
controlled access with Personal Identity
Verification (PIV) cards, assigning user
accounts to individuals needing access
to the records and by passwords set by
authorized users that must be changed
periodically.
RECORD ACCESS PROCEDURES:
Individuals, or third parties with
written authorization from the
individual, wishing to request access to
their records in accordance with 29 CFR
4902.4, should submit a written request
to the Disclosure Officer, PBGC, 1200 K
Street NW, Washington, DC 20005,
providing their name, address, date of
birth, and verification of their identity
in accordance with 29 CFR 4902.3(c).
CONTESTING RECORD PROCEDURES:
Individuals, or third parties with
written authorization from the
individual, wishing to amend their
records must submit a written request
identifying the information they wish to
correct in their file, in addition to
following the requirements of the
Record Access Procedure above.
sradovich on DSK3GMQ082PROD with NOTICES
NOTIFICATION PROCEDURES:
Individuals, or third parties with
written authorization from the
individual, wishing to learn whether
this system of records contains
information about them should submit a
written request to the Disclosure Officer,
PBGC, 1200 K Street NW, Washington,
DC 20005, providing their name,
address, date of birth, and verification of
their identity in accordance with 29
CFR 4902.3(c).
VerDate Sep<11>2014
23:12 Feb 12, 2018
Jkt 244001
Pursuant to 5 U.S.C. 552a(k)(2),
records in this system are exempt from
the requirements of subsections (c)(3),
(d), (e)(1), (e)(4) (G), (H), (I), and (f) of
5 U.S.C. 552a, provided, however, that
if any individual is denied any right,
privilege, or benefit that he or she
would otherwise be entitled to by
federal law, or for which he or she
would otherwise be eligible, as a result
of the maintenance of these records,
such material shall be provided to the
individual, except to the extent that the
disclosure of the material would reveal
the identity of a source who furnished
information to the Government with an
express promise that the identity of the
source would be held in confidence.
PBGC–12, Personnel Security
Investigation Records (last published at
81 FR 63309 (September 14, 2016)).
SYSTEM NAME AND NUMBER
PBGC–13: Debt Collection—PBGC.
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
Pension Benefit Guaranty Corporation
(PBGC), 1200 K Street NW, Washington,
DC 20005 and/or PBGC Field Offices
(Field Benefit Administration), plan
administrator, and paying agents
worksites. (Records may be kept at an
additional location as backup for
continuity of operations.)
SYSTEM MANAGER(S) AND ADDRESS:
Director, Financial Operations
Department, PBGC, 1200 K Street NW,
Washington, DC 20005.
Chief of Benefits Administration,
Office of Benefits Administration,
PBGC, 1200 K Street NW, Washington,
DC 20005.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
29 U.S.C. 1302; 31 U.S.C. 3711(a); 44
U.S.C. 3101; 5 U.S.C. 301; Executive
Order 13019.
PURPOSE(S) OF THE SYSTEM:
This system of records is maintained
for the purpose of collecting debts owed
to PBGC by various individuals,
including, but not limited to, pension
plans and/or sponsors owing insurance
premiums, interest and penalties; PBGC
employees and former employees;
consultants and vendors; participants,
alternate payees, and beneficiaries in
retirement plans coming under the
control or authority of the PBGC; and
individuals who received payments
from PBGC to which they are not
entitled. This system facilitates PBGC’s
Frm 00106
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
Any individual who may owe a debt
to PBGC, including but not limited to:
pension plans and/or sponsors owing
insurance premiums, interest, and
penalties; employees and former
employees of PBGC; individuals who
are consultants and vendors to PBGC;
participants, alternate payees, and
beneficiaries in terminating and
terminated defined benefit or defined
contribution plans coming under the
control or authority of the PBGC; and
any individual who received payments
to which they are not entitled.
CATEGORIES OF RECORDS IN THE SYSTEM:
HISTORY:
PO 00000
compliance with the Debt Collection
Improvement Act of 1996.
Fmt 4703
Sfmt 4703
Plan filings; names; addresses; social
security numbers; taxpayer
identification numbers; employee
numbers; pay records; travel vouchers
and related documents filed by PBGC
employees; invoices filed by consultants
and vendors to PBGC; records of benefit
payments made to participants,
alternate payees, and beneficiaries in
plans covered by ERISA; and other
relevant records relating to a debt
including financial information, bank
account numbers, the amount, status,
and history of the debt, and the program
under which the debt arose.
RECORD SOURCE CATEGORIES:
Subject individuals; plan
administrators; labor organization
officials; debt collection agencies or
firms; firms or agencies providing
locator services; PBGC Field Offices
(Field Benefit Administration); and,
other federal agencies.
ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES OF USERS AND
THE PURPOSES OF SUCH USES:
Information about covered
individuals may be disclosed without
consent as permitted by the Privacy Act
of 1974, 5 U.S.C. 522a(b), and:
1. General Routine Uses G1 through
G14 apply to this system of records (see
Prefatory Statement of General Routine
Uses).
2. A record from this system of
records may be disclosed to the United
States Department of the Treasury for
cross-servicing to effect debt collection
in accordance with 31 U.S.C. 3711(e).
3. Names, addresses, and telephone
numbers of employees, participants,
beneficiaries, alternate payees and any
other individual owing a debt to PBGC,
and information pertaining to debts
owed by such individuals to PBGC may
be disclosed to a debt collection agency
to collect a claim. Disclosure to a debt
E:\FR\FM\13FEN1.SGM
13FEN1
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Federal Register / Vol. 83, No. 30 / Tuesday, February 13, 2018 / Notices
collection agency or firm shall be made
only under a contract that binds any
such contractor or employee of such
contractor to the criminal penalties of
the Privacy Act. The information so
disclosed shall be used exclusively
pursuant to the terms and conditions of
such contract and shall be used solely
for the purposes prescribed therein. The
contract shall provide that the
information so disclosed shall be
returned at the conclusion of the debt
collection effort.
4. These records may be used to
disclose information to any federal
agency, state or local agency, tribal
governments, U.S. territory or
commonwealth, or the District of
Columbia, or their agents or contractors,
including private collection agencies
(consumer and commercial):
a. To facilitate the collection of debts
through the use of any combination of
various debt collection methods
required or authorized by law,
including, but not limited to:
i. Request for repayment by telephone
or in writing;
ii. Negotiation of voluntary repayment
or compromise agreements;
iii. Offset of federal payments, which
may include the disclosure of
information contained in the records for
the purpose of providing the debtor
with appropriate pre-offset notice and to
otherwise comply with offset
prerequisites, to facilitate voluntary
repayment in lieu of offset, and to
otherwise effectuate the offset process;
iv. Referral of debts to private
collection agencies, to Treasury
designated debt collection centers, or for
litigation;
v. Administrative and court-ordered
wage garnishment;
vi. Debt sales;
vii. Publication of names and
identities of delinquent debtors in the
media or other appropriate news or
websites; and
viii. Any other debt collection method
authorized by law;
b. To collect a debt owed to the
United States through the offset of
payments made by states, territories,
commonwealths, tribal governments, or
the District of Columbia;
c. To account or report on the status
of debts for which such entity has a
financial or other legitimate need for the
information in the performance of
official duties; or,
d. For any other appropriate debt
collection purpose.
5. A record from this system may be
disclosed to a consumer reporting
agency in accordance with 31 U.S.C.
3711(e).
VerDate Sep<11>2014
23:12 Feb 12, 2018
Jkt 244001
POLICIES AND PRACTICES FOR STORAGE OF
RECORDS:
Records are maintained manually in
paper and/or electronic form (including
computer databases or discs). Records
may also be maintained on back-up
tapes, or on a PBGC or a contractorhosted network.
POLICIES AND PRACTICES FOR RETRIEVAL OF
RECORDS:
Records are retrieved by any one or
more of the following: employer
identification number; social security
number; customer identification
number; plan number; recovery tracking
number; name of debtor, plan, plan
sponsor, plan administrator, participant,
alternate payee, or beneficiary.
POLICIES AND PRACTICES FOR RETENTION AND
DISPOSAL OF RECORDS:
Records are maintained and destroyed
in accordance with the National
Archives and Record Administration’s
(NARA) Basic Laws and Authorities (44
U.S.C. 3301, et seq.) or a PBGC records
disposition schedule approved by
NARA.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL
SAFEGUARDS:
PBGC has established security and
privacy protocols that meet the required
security and privacy standards issued
by the National Institute of Standards
and Technology (NIST). Records are
maintained in a secure, password
protected electronic system that utilizes
security hardware and software to
include multiple firewalls, active
intruder detection, and role-based
access controls. PBGC has adopted
appropriate administrative, technical,
and physical controls in accordance
with PBGC’s security program to protect
the confidentiality, integrity, and
availability of the information, and to
ensure that records are not disclosed to
or accessed by unauthorized
individuals.
Electronic records are stored on
computer networks, which may include
cloud-based systems, and protected by
controlled access with Personal Identity
Verification (PIV) cards, assigning user
accounts to individuals needing access
to the records and by passwords set by
authorized users that must be changed
periodically.
RECORD ACCESS PROCEDURES:
Individuals, or third parties with
written authorization from the
individual, wishing to request access to
their records in accordance with 29 CFR
4902.4, should submit a written request
to the Disclosure Officer, PBGC, 1200 K
Street NW, Washington, DC 20005,
providing their name, address, date of
PO 00000
Frm 00107
Fmt 4703
Sfmt 4703
6265
birth, and verification of their identity
in accordance with 29 CFR 4902.3(c).
CONTESTING RECORD PROCEDURES:
Individuals, or third parties with
written authorization from the
individual, wishing to amend their
records must submit a written request
identifying the information they wish to
correct in their file, in addition to
following the requirements of the
Record Access Procedure above.
NOTIFICATION PROCEDURES:
Individuals, or third parties with
written authorization from the
individual, wishing to learn whether
this system of records contains
information about them should submit a
written request to the Disclosure Officer,
PBGC, 1200 K Street NW, Washington,
DC 20005, providing their name,
address, date of birth, and verification of
their identity in accordance with 29
CFR 4902.3(c).
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
None
HISTORY:
PBGC–13, Debt Collection (last
published at 81 FR 63311 (September
14, 2016)).
SYSTEM NAME
PBGC–14: My Plan Administration
Account Records—PBGC.
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
Pension Benefit Guaranty Corporation
(PBGC), 1200 K Street NW, Washington,
DC 20005. (Records may be kept at an
additional location as backup for
continuity of operations.)
SYSTEM MANAGER(S) AND ADDRESS:
Director, Financial Operations
Department, PBGC, 1200 K Street NW,
Washington, DC 20005.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
29 U.S.C. 1302, 1306, and 1343; 44
U.S.C. 3101; 5 U.S.C. 301;44 U.S.C.
3601, et seq.
PURPOSE(S) OF THE SYSTEM:
This system of records is maintained
for use in verifying the identity of
individuals who register to use the My
PAA application to make PBGC filings,
and receiving, authenticating,
processing, and keeping a history of
filings and premium payments
submitted to PBGC by registered users.
Information from this system is used to
provide the public with contact
information for plan sponsors, plan
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covered by the Employee Retirement
Income Security Act of 1974 (ERISA).
administrators, pension practitioners,
actuaries and pension benefit
professionals who submit plan
information through My PAA.
POLICIES AND PRACTICES FOR STORAGE OF
RECORDS:
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
Individuals who use the My Plan
Administration Account (My PAA)
application to make PBGC filings and
payments electronically via PBGC’s
website (www.pbgc.gov), including
individuals acting for plan sponsors,
plan administrators, pension
practitioners, actuaries, pension benefit
professionals.
CATEGORIES OF RECORDS IN THE SYSTEM:
User name; work telephone number;
work email address; other contact
information; a temporary PBGC-issued
user ID and password; a user-selected
user ID and password; a secret question/
secret answer combination for
authentication; IP addresses; cookies
(session and persistent); financial
information; taxpayer identification
number; bank information; for each
pension plan for which the user intends
to participate in making filings with
PBGC: the plan name; employer
identification number; plan number; the
plan administrator’s name, address,
phone number, email address, and other
contact information; and the role that
the user will play in the filing process,
e.g., creating and editing filings, signing
filings electronically as the plan
administrator, signing filings
electronically as the enrolled actuary, or
authorizing payments to PBGC.
RECORD SOURCE CATEGORIES:
Registered users.
sradovich on DSK3GMQ082PROD with NOTICES
ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES OF USERS AND
THE PURPOSES OF SUCH USES:
Information about covered
individuals may be disclosed without
consent as permitted by the Privacy Act
of 1974, 5 U.S.C. 522a(b), and:
1. General Routine Uses G1, G4
through G7, G9, G10, and G12 through
G14 apply to this system of records (see
Prefatory Statement of General Routine
Uses).
2. Names, addresses and phone
numbers of plan sponsors, plan
administrators, pension practitioners,
actuaries and pension benefit
professionals who submit plan
information to My PAA may be
disclosed to the public in order to
ensure the public has access to contact
information for those individuals
submitting information regarding
pension plans and those responsible for
the administration of pension plans
VerDate Sep<11>2014
23:12 Feb 12, 2018
Jkt 244001
Records are maintained manually in
paper and/or electronic form (including
computer databases or discs). Records
may also be maintained on back-up
tapes, or on a PBGC or a contractorhosted network.
POLICIES AND PRACTICES FOR RETRIEVAL OF
RECORDS:
Records are retrieved by any one or
more of the following: Name; user ID;
email address; telephone number; plan
name; EIN; or plan number.
POLICIES AND PRACTICES FOR RETENTION AND
DISPOSAL OF RECORDS:
Records are maintained and destroyed
in accordance with the National
Archives and Record Administration’s
(NARA) Basic Laws and Authorities (44
U.S.C. 3301, et seq.) or a PBGC records
disposition schedule approved by
NARA.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL
SAFEGUARDS:
PBGC has established security and
privacy protocols that meet the required
security and privacy standards issued
by the National Institute of Standards
and Technology (NIST). Records are
maintained in a secure, password
protected electronic system that utilizes
security hardware and software to
include multiple firewalls, active
intruder detection, and role-based
access controls. PBGC has adopted
appropriate administrative, technical,
and physical controls in accordance
with PBGC’s security program to protect
the confidentiality, integrity, and
availability of the information, and to
ensure that records are not disclosed to
or accessed by unauthorized
individuals.
Electronic records are stored on
computer networks, which may include
cloud-based systems, and protected by
controlled access with Personal Identity
Verification (PIV) cards, assigning user
accounts to individuals needing access
to the records and by passwords set by
authorized users that must be changed
periodically.
RECORD ACCESS PROCEDURES:
Individuals, or third parties with
written authorization from the
individual, wishing to request access to
their records in accordance with 29 CFR
4902.4, should submit a written request
to the Disclosure Officer, PBGC, 1200 K
Street NW, Washington, DC 20005,
providing their name, address, date of
birth, and verification of their identity
in accordance with 29 CFR 4902.3(c).
PO 00000
Frm 00108
Fmt 4703
Sfmt 4703
CONTESTING RECORD PROCEDURES:
Individuals, or third parties with
written authorization from the
individual, wishing to amend their
records must submit a written request
identifying the information they wish to
correct in their file, in addition to
following the requirements of the
Record Access Procedure above.
NOTIFICATION PROCEDURES:
Individuals, or third parties with
written authorization from the
individual, wishing to learn whether
this system of records contains
information about them should submit a
written request to the Disclosure Officer,
PBGC, 1200 K Street NW, Washington,
DC 20005, providing their name,
address, date of birth, and verification of
their identity in accordance with 29
CFR 4902.3(c).
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
None
HISTORY:
PBGC–14, My Plan Administration
Account Records (last published at 81
FR 63312 (September 14, 2016)).
SYSTEM NAME AND NUMBER
PBGC–15: Emergency Notification
Records—PBGC.
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
Pension Benefit Guaranty Corporation
(PBGC), 1200 K Street NW, Washington,
DC 20005. (Records may be kept at an
additional location as backup for
continuity of operations.)
SYSTEM MANAGER(S) AND ADDRESS:
Director, Workplace Solutions
Department, PBGC, 1200 K Street NW,
Washington, DC 20005.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
29 U.S.C. 1302; 44 U.S.C. 3101; 5
U.S.C. 301; Executive Order 12656.
PURPOSE(S) OF THE SYSTEM:
This system of records is maintained
for notifying PBGC employees, students,
interns, and contractors of PBGC’s
operating status in the event of an
emergency, natural disaster or other
event affecting PBGC operations; and for
contacting employees, students, interns,
and contractors who are out of the office
on leave or after regular duty hours to
obtain information necessary for official
business.
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
PBGC employees, students, interns,
and individuals who work for PBGC as
E:\FR\FM\13FEN1.SGM
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contractors or as employees of
contractors.
CATEGORIES OF RECORDS IN THE SYSTEM:
Name; title; organizational
component; employer; PBGC and
personal telephone numbers; PBGC and
personal email addresses; other contact
information; user ID; a temporary PBGCissued password; and a user-selected
password.
RECORD SOURCE CATEGORIES:
Subject individuals.
ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES OF USERS AND
THE PURPOSES OF SUCH USES:
Information about covered
individuals may be disclosed without
consent as permitted by the Privacy Act
of 1974, 5 U.S.C. 522a(b), and:
1. General Routine Uses G1, G4, G5,
G7, G9 through G11, G13, and G14
apply to this system of records (see
Prefatory Statement of General Routine
Uses).
2. A record in this system of records
may be disclosed to family members,
emergency medical personnel, or to law
enforcement officials in case of a
medical or other emergency involving
the subject individual (without the
subsequent notification prescribed in 5
U.S.C. 552a(b)(8)).
POLICIES AND PRACTICES FOR STORAGE OF
RECORDS:
Records are maintained manually in
paper and/or electronic form (including
computer databases or discs). Records
may also be maintained on back-up
tapes, or on a PBGC or a contractorhosted network.
Records are retrieved by any one or
more of the following: Name;
organizational component; or user ID
and password.
POLICIES AND PRACTICES FOR RETENTION AND
DISPOSAL OF RECORDS:
sradovich on DSK3GMQ082PROD with NOTICES
Records are maintained and destroyed
in accordance with the National
Archives and Record Administration’s
(NARA) Basic Laws and Authorities (44
U.S.C. 3301, et seq.) or a PBGC records
disposition schedule approved by
NARA.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL
SAFEGUARDS:
PBGC has established security and
privacy protocols that meet the required
security and privacy standards issued
by the National Institute of Standards
and Technology (NIST). Records are
maintained in a secure, password
protected electronic system that utilizes
23:12 Feb 12, 2018
Jkt 244001
RECORD ACCESS PROCEDURES:
Individuals, or third parties with
written authorization from the
individual, wishing to request access to
their records in accordance with 29 CFR
4902.4, should submit a written request
to the Disclosure Officer, PBGC, 1200 K
Street NW, Washington, DC 20005,
providing their name, address, date of
birth, and verification of their identity
in accordance with 29 CFR 4902.3(c).
CONTESTING RECORD PROCEDURES:
Individuals, or third parties with
written authorization from the
individual, wishing to amend their
records must submit a written request
identifying the information they wish to
correct in their file, in addition to
following the requirements of the
Record Access Procedure above.
NOTIFICATION PROCEDURES:
POLICIES AND PRACTICES FOR RETRIEVAL OF
RECORDS:
VerDate Sep<11>2014
security hardware and software to
include multiple firewalls, active
intruder detection, and role-based
access controls. PBGC has adopted
appropriate administrative, technical,
and physical controls in accordance
with PBGC’s security program to protect
the confidentiality, integrity, and
availability of the information, and to
ensure that records are not disclosed to
or accessed by unauthorized
individuals.
Electronic records are stored on
computer networks, which may include
cloud-based systems, and protected by
controlled access with Personal Identity
Verification (PIV) cards, assigning user
accounts to individuals needing access
to the records and by passwords set by
authorized users that must be changed
periodically.
6267
SYSTEM LOCATION:
Pension Benefit Guaranty Corporation
(PBGC), 1200 K Street NW, Washington,
DC 20005. (Records may be kept at an
additional location as backup for
continuity of operations.)
SYSTEM MANAGER(S) AND ADDRESS:
Division Manager, Information
Technology Customer and Operations
Service Division, PBGC, 1200 K Street
NW, Washington, DC 20005.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
29 U.S.C. 1302; 44 U.S.C. 3101; 5
U.S.C. 301.
PURPOSE(S) OF THE SYSTEM:
This system of records is used by
PBGC employees, interns and
contractors to identify other PBGC
employees, interns and contractors; and,
to access contact information for PBGC
employees, interns and contractors.
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
PBGC employees and contractors with
PBGC network access.
CATEGORIES OF RECORDS IN THE SYSTEM:
Name; photograph; personal
description; skills; interests; schools;
birthday; mobile phone number; home
phone number; organizational
component and title; supervisor’s name;
PBGC street address; room or
workstation number; PBGC network ID;
work email address; and work telephone
number and extension.
RECORD SOURCE CATEGORIES:
Subject individuals and PBGC
personnel records.
Individuals, or third parties with
written authorization from the
individual, wishing to learn whether
this system of records contains
information about them should submit a
written request to the Disclosure Officer,
PBGC, 1200 K Street NW, Washington,
DC 20005, providing their name,
address, date of birth, and verification of
their identity in accordance with 29
CFR 4902.3(c).
ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES OF USERS AND
THE PURPOSES OF SUCH USES:
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
POLICIES AND PRACTICES FOR STORAGE OF
RECORDS:
None.
HISTORY:
PBGC–15, Emergency Notification
Records (last published at 81 FR 63313
(September 14, 2016)).
SYSTEM NAME AND NUMBER
PBGC–16: PBGC Connect Search
Center—PBGC.
SECURITY CLASSIFICATION:
Unclassified.
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Frm 00109
Fmt 4703
Sfmt 4703
Information about covered
individuals may be disclosed without
consent as permitted by the Privacy Act
of 1974, 5 U.S.C. 522a(b), and:
1. General Routine Uses G1 through
G14 apply to this system of records (see
Prefatory Statement of General Routine
Uses).
Records are maintained manually in
paper and/or electronic form (including
computer databases or discs). Records
may also be maintained on back-up
tapes, or on a PBGC or a contractorhosted network.
POLICIES AND PRACTICES FOR RETRIEVAL OF
RECORDS:
Records are retrieved by any one or
more of the following: name; username;
organizational component; job title;
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work phone number; office number;
supervisor; work email; skills; interests;
birth date; education; peers; and
employee type (federal or contractor).
POLICIES AND PRACTICES FOR RETENTION AND
DISPOSAL OF RECORDS:
Records are maintained and destroyed
in accordance with the National
Archives and Record Administration’s
(NARA) Basic Laws and Authorities (44
U.S.C. 3301, et seq.) or a PBGC records
disposition schedule approved by
NARA.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL
SAFEGUARDS:
RECORD ACCESS ROCEDURES:
Individuals, or third parties with
written authorization from the
individual, wishing to request access to
their records in accordance with 29 CFR
4902.4, should submit a written request
to the Disclosure Officer, PBGC, 1200 K
Street NW, Washington, DC 20005,
providing their name, address, date of
birth, and verification of their identity
in accordance with 29 CFR 4902.3(c).
sradovich on DSK3GMQ082PROD with NOTICES
CONTESTING RECORD PROCEDURES:
Individuals, or third parties with
written authorization from the
individual, wishing to amend their
records must submit a written request
identifying the information they wish to
correct in their file, in addition to
following the requirements of the
Record Access Procedure above.
23:12 Feb 12, 2018
Jkt 244001
Individuals, or third parties with
written authorization from the
individual, wishing to learn whether
this system of records contains
information about them should submit a
written request to the Disclosure Officer,
PBGC, 1200 K Street NW, Washington,
DC 20005, providing their name,
address, date of birth, and verification of
their identity in accordance with 29
CFR 4902.3(c).
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
None.
HISTORY:
PBGC has established security and
privacy protocols that meet the required
security and privacy standards issued
by the National Institute of Standards
and Technology (NIST). Records are
maintained in a secure, password
protected electronic system that utilizes
security hardware and software to
include multiple firewalls, active
intruder detection, and role-based
access controls. PBGC has adopted
appropriate administrative, technical,
and physical controls in accordance
with PBGC’s security program to protect
the confidentiality, integrity, and
availability of the information, and to
ensure that records are not disclosed to
or accessed by unauthorized
individuals.
Electronic records are stored on
computer networks, which may include
cloud-based systems, and protected by
controlled access with Personal Identity
Verification (PIV) cards, assigning user
accounts to individuals needing access
to the records and by passwords set by
authorized users that must be changed
periodically.
VerDate Sep<11>2014
NOTIFICATION PROCEDURES:
PBGC–16, Employee Online Directory
(last published at 81 FR 63314
(September 14, 2016)).
SYSTEM NAME AND NUMBER
PBGC–17: Office of Inspector General
Investigative File System—PBGC.
SECURITY CLASSIFICATION:
Unclassified.
RECORD SOURCE CATEGORIES:
SYSTEM LOCATION:
Office of Inspector General, Pension
Benefit Guaranty Corporation (PBGC),
1200 K Street NW, Washington, DC
20005. (Records may be kept at an
additional location as backup for
continuity of operations.)
SYSTEM MANAGER(S) AND ADDRESS:
Office of the Inspector General, PBGC,
1200 K Street NW, Washington, DC
20005.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
5 U.S.C. App. 3.
PURPOSE(S) OF THE SYSTEM:
This system of records is used to
supervise and conduct investigations
relating to programs and operations of
PBGC by the Inspector General.
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
Individuals named in investigations
conducted by the Office of Inspector
General (OIG); complainants and
subjects of complaints collected through
the operation of the OIG Hotline; other
individuals, including witnesses,
sources, and members of the general
public who are named individuals in
connection with investigations
conducted by OIG.
CATEGORIES OF RECORDS IN THE SYSTEM:
Information within this system relates
to OIG investigations carried out under
applicable statutes, regulations, policies,
and procedures. The investigations may
relate to criminal, civil, or
administrative matters. These OIG files
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Frm 00110
Fmt 4703
may contain investigative reports;
transcripts; internal staff memoranda;
working drafts of papers to PBGC
employees; investigative plans;
litigation strategies; copies of personnel,
financial, contractual, and property
management records maintained by
PBGC; information submitted by or
about pension plan sponsors or plan
participants; background data including
arrest records, statements of informants
and witnesses, and laboratory reports of
evidence analysis; information and
documentation received from other
government agencies; search warrants,
summonses and subpoenas; and other
information related to investigations.
Personal data in the system may consist
of names, social security numbers,
addresses, dates of birth and death,
fingerprints, handwriting samples,
reports of confidential informants,
physical identifying data, voiceprints,
polygraph tests, photographs, and
individual personnel and payroll
information.
Sfmt 4703
Subject individuals; individual
complainants; witnesses; interviews
conducted during investigations;
federal, state, tribal, and local
government records; individual or
company records; claim and payment
files; employer medical records;
insurance records; court records; articles
from publications; financial data; bank
information; telephone data; service
providers; other law enforcement
organizations; grantees and subgrantees; contractors and
subcontractors; pension plan sponsors
and participants; and other sources.
ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES OF USERS AND
THE PURPOSES OF SUCH USES:
Information about covered
individuals may be disclosed without
consent as permitted by the Privacy Act
of 1974, 5 U.S.C. 552a(b) and:
1. General Routine Uses G1, G2, G4,
G5, G7, and G9 through G14 apply to
this system of records (see Prefatory
Statement of General Routine Uses).
2. A record relating to a person held
in custody pending or during
arraignment, trial, sentence, or
extradition proceedings or after
conviction may be disclosed to a
federal, state, local, tribal or foreign
prison; probation, parole, or pardon
authority; or any other agency or
individual involved with the
maintenance, transportation, or release
of such a person.
3. A record relating to a case or matter
may be disclosed to an actual or
potential party or his or her attorney for
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the purpose of negotiation or discussion
on such matters as settlement of the case
or matter, plea bargaining, or informal
discovery proceedings.
4. A record may be disclosed to any
source, either private or governmental,
when reasonably necessary to elicit
information or obtain the cooperation of
a witness or informant when conducting
any official investigation or during a
trial or hearing or when preparing for a
trial or hearing.
5. A record relating to a case or matter
may be disclosed to a foreign country,
through the United States Department of
State or directly to the representative of
such country, under an international
treaty, convention, or executive
agreement; or to the extent necessary to
assist such country in apprehending or
returning a fugitive to a jurisdiction that
seeks that individual’s return.
6. A record originating exclusively
within this system of records may be
disclosed to other federal offices of
inspectors general and councils
comprising officials from other federal
offices of inspectors general, as required
by the Inspector General Act of 1978, as
amended. The purpose is to ensure that
OIG investigative operations can be
subject to integrity and efficiency peer
reviews, and to permit other offices of
inspectors general to investigate and
report on allegations of misconduct by
senior OIG officials as directed by a
council, the President, or Congress.
Records originating from any other
PBGC systems of records, which may be
duplicated in or incorporated into this
system, also may be disclosed with all
identifiable information redacted.
7. A record may be disclosed to the
Department of the Treasury and the
Department of Justice when the OIG
seeks an ex parte court order to obtain
taxpayer information from the Internal
Revenue Service.
8. A record may be disclosed to any
governmental, professional or licensing
authority when such record reflects on
qualifications, either moral, educational
or vocational, of an individual seeking
to be licensed or to maintain a license.
9. A record may be disclosed to any
direct or indirect recipient of federal
funds, e.g., a contractor, where such
record reflects problems with the
personnel working for a recipient, and
disclosure of the record is made to
permit a recipient to take corrective
action beneficial to the Government.
10. A record may be disclosed where
there is an indication of a violation or
a potential violation of law, rule,
regulation or order whether civil,
criminal, administrative or regulatory in
nature, to the appropriate agency,
whether federal, state, tribal or local, or
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23:12 Feb 12, 2018
Jkt 244001
to a securities self-regulatory
organization, charged with enforcing or
implementing the statute, or rule,
regulation or order.
11. A record may be disclosed to
federal, state, tribal or local authorities
in order to obtain information or records
relevant to an Office of Inspector
General investigation or inquiry.
12. A record may be disclosed to a bar
association, state accountancy board, or
other federal, state, tribal, local, or
foreign licensing or oversight authority;
or professional association or selfregulatory authority to the extent that it
performs similar functions (including
the Public Company Accounting
Oversight Board) for investigations or
possible disciplinary action.
13. A record may be disclosed to
inform complainants, victims, and
witnesses of the results of an
investigation or inquiry.
14. To the Department of Justice for
the purpose of obtaining advice on
investigatory matters or in order to refer
information for the purpose of
prosecution.
15. To contractors, interns and experts
who have been engaged to assist in an
OIG investigation or in the performance
of a service related to this system of
records and require access to these
records for the purpose of assisting the
OIG in the efficient administration of its
duties. All recipients of these records
shall be required to comply with the
requirements of the Privacy Act of 1974,
as amended.
16. To the public when the matter
under investigation has become public
knowledge, or when the Inspector
General determines that such disclosure
is necessary to preserve confidence in
the integrity of the OIG investigative
process, to demonstrate the
accountability of PBGC employees, or
other individuals covered by this
system, or when there exists a legitimate
public interest, unless the Inspector
General has determined that disclosure
of specific information would constitute
an unwarranted invasion of personal
privacy.
POLICIES AND PRACTICES FOR STORAGE OF
RECORDS:
Records are maintained manually in
paper and/or electronic form (including
computer databases or discs). Records
may also be maintained on back-up
tapes, or on a PBGC or a contractorhosted network.
6269
POLICIES AND PRACTICES FOR RETENTION AND
DISPOSAL OF RECORDS:
Records are maintained and destroyed
in accordance with the National
Archives and Record Administration’s
(NARA) Basic Laws and Authorities (44
U.S.C. 3301, et seq.) or a PBGC records
disposition schedule approved by
NARA.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL
SAFEGUARDS:
PBGC has established security and
privacy protocols that meet the required
security and privacy standards issued
by the National Institute of Standards
and Technology (NIST). Records are
maintained in a secure, password
protected electronic system that utilizes
security hardware and software to
include multiple firewalls, active
intruder detection, and role-based
access controls. PBGC has adopted
appropriate administrative, technical,
and physical controls in accordance
with PBGC’s security program to protect
the confidentiality, integrity, and
availability of the information, and to
ensure that records are not disclosed to
or accessed by unauthorized
individuals.
Electronic records are stored on
computer networks, which may include
cloud-based systems, and protected by
controlled access with Personal Identity
Verification (PIV) cards, assigning user
accounts to individuals needing access
to the records and by passwords set by
authorized users that must be changed
periodically.
RECORD ACCESS PROCEDURES:
This system is exempt from the
notification and record access
requirements. However, consideration
will be given to requests made in
compliance with 29 CFR 4902.3 and
4902.4.
CONTESTING RECORD PROCEDURES:
This system is exempt from
amendment requirements. However,
consideration will be given requests
made in compliance with 29 CFR 4902.3
and 4902.5.
NOTIFICATION PROCEDURES:
This system is exempt from the
notification requirements. However,
consideration will be given to inquiries
made in compliance with 29 CFR
4902.3.
POLICIES AND PRACTICES FOR RETRIEVAL OF
RECORDS:
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
Records may be retrieved by any one
or more of the following: name; social
security number; subject category; or
assigned case number.
Pursuant to 5 U.S.C. 552a(j) and (k),
PBGC has established regulations at 29
CFR 4902.11 that exempt records in this
system depending on their purpose.
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Sfmt 4703
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HISTORY:
PBGC–17, Inspector General
Investigative File System (last published
at 81 FR 63315 (September 14, 2016)).
SYSTEM NAME AND NUMBER
PBGC–19: Office of General Counsel
Case Management System — PBGC
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
Pension Benefit Guaranty Corporation
(PBGC), 1200 and 1275 K Street NW,
Washington, DC 20005. (Records may be
kept at an additional location as backup
for continuity of operations.)
SYSTEM MANAGER(S) AND ADDRESS:
Office of the General Counsel, PBGC,
1200 K Street NW, Washington, DC
20005.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
29 U.S.C. 1055, 1056(d)(3), 1302,
1303, 1310, 1321, 1322a, 1341, 1342,
1343 and 1350; 5 U.S.C. app. 105; 5
U.S.C. 301, 552(a), 552a(d), 7101; 42
U.S.C. 2000e, et seq.; 44 U.S.C. 3101.
PURPOSE(S) OF THE SYSTEM:
The purpose of this system of records
is to catalog, litigate, review or
otherwise resolve any case or matter
handled by the OGC.
sradovich on DSK3GMQ082PROD with NOTICES
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
Individuals who are participants,
beneficiaries, and alternate payees in
pension plans covered by the Employee
Retirement Income Security Act of 1974
(ERISA), 29 U.S.C. 1301, et seq.; pension
plan sponsors, administrators, control
group members and third parties, who
are responsible for, manage, or have
control over ERISA pension plans; other
individuals who are identified in
connection with investigations
conducted pursuant to 29 U.S.C. 1303 or
litigation conducted with regard to
ERISA pension plans; individuals
(including PBGC employees) who are
parties or witnesses in civil litigation or
administrative proceedings involving or
concerning PBGC or its officers or
employees; individuals who are the
subject of a breach of personally
identifiable information; individuals
who are potential contractors or
contractors with PBGC or are otherwise
personally associated with a contract or
procurement matter; individuals who
receive legal advice from the Office of
General Counsel (OGC); and other
individuals (including current, former,
and potential PBGC employees, contract
employees, interns, and externs) who
are the subject of or are otherwise
VerDate Sep<11>2014
23:12 Feb 12, 2018
Jkt 244001
connected to an inquiry, investigation,
other matter handled by the OGC.
CATEGORIES OF RECORDS IN THE SYSTEM:
Draft and final versions of notes,
reports, memoranda; settlements; legal
opinions; agreements; correspondence;
contracts; contract proposals and other
procurement documents; plan
documents; participant, alternate payee,
and beneficiary files; initial and final
PBGC determinations of ERISA matters;
Freedom of Information Act (FOIA) and
the Privacy Act of 1974 disclosures,
determinations, appeals and decisions
of those appeals; records and
information obtained from other federal,
state, tribal, and local agencies and
departments, including, but not limited
to: Office of Personnel Management,
Social Security Administration,
Department of Treasury and Department
of Justice; drafts and legal reviews of
proposed personnel actions; ethics
inquiries; personnel records; financial
records; individual tax returns;
litigation files; labor relations files;
information provided by labor unions or
other organizations; witness statements;
summonses, subpoenas, discovery
requests and responses; and, breach
reports and supporting documentation.
RECORD SOURCE CATEGORIES:
Subject individuals; pension plan
participants, sponsors, administrators
and third-parties; federal government
records; current and former employees,
contractors, interns, and externs; PBGC
debt and disbursement records;
insurers; the Social Security
Administration; labor organizations;
court records; articles from publications;
and other individuals, organizations,
and corporate entities with relevant
knowledge/information.
ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES OF USERS AND
THE PURPOSES OF SUCH USES:
Information about covered
individuals may be disclosed without
consent as permitted by the Privacy Act
of 1974, 5 U.S.C. 522a(b), and:
1. General Routine Uses G1 through
G14 apply to this system of records (see
Prefatory Statement of General Routine
Uses).
2. A record from this system of
records may be disclosed, in furtherance
of proceedings under Title IV of ERISA,
to a contributing sponsor (or other
employer who maintained the plan),
including any predecessor or successor,
and any member of the same control
group.
3. Names, addresses, and telephone
numbers of employees, former
employees, participants, and
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Frm 00112
Fmt 4703
Sfmt 4703
beneficiaries and information pertaining
to debts to PBGC may be disclosed to
the Department of Treasury, the
Department of Justice, a credit agency,
and a debt collection to collect the debt.
Disclosure to a debt collection shall be
made only under a contract that binds
any such contractor or employee of such
contractor to criminal penalties of the
Privacy Act.
4. Information may be disclosed to a
court, magistrate, or administrative
tribunal in the course of presenting
evidence, including disclosures to
opposing counsel or witnesses in the
course of civil discovery, litigation, or
settlement negotiations in response to a
court order or in connection with
criminal law proceedings.
5. Information may be provided to a
congressional office in response to an
inquiry made at the request of the
individual to whom the record pertains.
6. Information may be provided to
third parties during the course of an
investigation to the extent necessary to
obtain information pertinent to the
investigation.
7. Relevant and necessary information
may be disclosed to a former employee
of PBGC for the purposes of: (1)
Responding to an official inquiry by
federal, state, tribal or local government
entity or professional licensing
authority; or, (2) facilitating
communications with a former
employee that may be necessary for
personnel-related or other official
purposes where PBGC requires
information and/or consultation
assistance from the former employee
regarding a matter within that person’s
former area of responsibility.
8. A record relating to a case or matter
may be disseminated to a foreign
country pursuant to an international
treaty or convention entered into and
ratified by the United States or to an
executive agreement.
9. A record may be disseminated to a
foreign country, through the United
States Department of State or directly to
the representative of such country, to
the extent necessary to assist such
country in civil or criminal proceedings
in which the United States or one of its
officers or agencies has an interest.
10. A record from this system of
records may be disclosed to the National
Archives and Records Administration
(NARA), Office of Government
Information Services (OGIS), to the
extent necessary to fulfill its
responsibilities in 5 U.S.C. 552(h), to
review administrative agency policies,
procedures and compliance with the
FOIA, and to facilitate use of OGIS’
mediation services.
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11. A record from this system may be
disclosed to a consumer reporting
agency in accordance with 31 U.S.C.
3711(e).
POLICIES AND PRACTICES FOR STORAGE OF
RECORDS:
Records are maintained manually in
paper and/or electronic form (including
computer databases or discs). Records
may also be maintained on back-up
tapes, or on a PBGC or a contractorhosted network.
POLICIES AND PRACTICES FOR RETRIEVAL OF
RECORDS:
Records are indexed by assigned case
number and sequential record identifier.
Records are full-text indexed and
information from this system may be
retrieved using any free-form key, which
may include names, social security
number, address, representative or any
other personal identifiers. For certain
systems, only individuals assigned to
the particular matter may retrieve
associated records.
POLICIES AND PRACTICES FOR RETENTION AND
DISPOSAL OF RECORDS:
Records are maintained and destroyed
in accordance with the National
Archives and Record Administration’s
(NARA) Basic Laws and Authorities (44
U.S.C. 3301, et seq.) or a PBGC records
disposition schedule approved by
NARA.
sradovich on DSK3GMQ082PROD with NOTICES
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL
SAFEGUARDS:
PBGC has established security and
privacy protocols that meet the required
security and privacy standards issued
by the National Institute of Standards
and Technology (NIST). Records are
maintained in a secure, password
protected electronic system that utilizes
security hardware and software to
include multiple firewalls, active
intruder detection, and role-based
access controls. PBGC has adopted
appropriate administrative, technical,
and physical controls in accordance
with PBGC’s security program to protect
the confidentiality, integrity, and
availability of the information, and to
ensure that records are not disclosed to
or accessed by unauthorized
individuals. Paper records are kept in
file folders in areas of restricted access
that are locked after office hours.
Electronic records are stored on
computer networks, which may include
cloud-based systems, and protected by
controlled access with Personal Identity
Verification (PIV) cards, assigning user
accounts to individuals needing access
to the records and by passwords set by
authorized users that must be changed
periodically. Further, for certain
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23:12 Feb 12, 2018
Jkt 244001
systems covered by this notice,
heightened security access is required.
Such access is granted by the specific
permissions group assigned to monitor
that particular system and only
authorized employees of the agency may
retrieve, review or modify those records.
SYSTEM NAME AND NUMBER
RECORD ACCESS PROCEDURES:
6271
SYSTEM LOCATION:
Individuals, or third parties with
written authorization from the
individual, wishing to request access to
their records in accordance with 29 CFR
4902.4, should submit a written request
to the Disclosure Officer, PBGC, 1200 K
Street NW, Washington, DC 20005,
providing their name, address, date of
birth, and verification of their identity
in accordance with 29 CFR 4902.3(c).
PBGC–21: Reasonable
Accommodation Records—PBGC
System.
SECURITY CLASSIFICATION:
Unclassified.
Pension Benefit Guaranty
Corporation, 1200 K Street NW,
Washington, DC 20005. (Records may be
kept at an additional location as backup
for continuity of operations.)
SYSTEM MANAGER(S) AND ADDRESS:
Reasonable Accommodations
Coordinator, Human Resources
Department, PBGC, 1200 K Street NW,
Washington, DC 20005.
CONTESTING RECORD PROCEDURES:
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
Individuals, or third parties with
written authorization from the
individual, wishing to amend their
records must submit a written request
identifying the information they wish to
correct in their file, in addition to
following the requirements of the
Record Access Procedure above.
29 U.S.C. 1302; 44 U.S.C. 3101; 5
U.S.C. 301; 29 U.S.C. 701 et seq.; 29
U.S.C. 791; 42 U.S.C. 12101 et seq.; 42
U.S.C. Ch. 126; 29 CFR part 1630;
Executive Order 13164 (July 26, 2000);
and Executive Order 13548 (July 26,
2010).
NOTIFICATION PROCEDURES:
The purposes of this system are: (1)
To allow PBGC to collect and maintain
records on prospective, current, and
former employees with disabilities who
requested or received reasonable
accommodation by PBGC; (2) to track
and report the processing of requests for
reasonable accommodation PBGC-wide
to comply with applicable law and
regulations; and (3) to and maintain the
confidentiality of medical information
submitted by or on behalf of applicants
or employees requesting reasonable
accommodation.
Individuals, or third parties with
written authorization from the
individual, wishing to learn whether
this system of records contains
information about them should submit a
written request to the Disclosure Officer,
PBGC, 1200 K Street NW, Washington,
DC 20005, providing their name,
address, date of birth, and verification of
their identity in accordance with 29
CFR 4902.3(c).
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
Pursuant to 5 U.S.C. 552a(k)(2),
records in this system are exempt from
the requirements of subsections (c)(3),
(d), (e)(1), (e)(4) (G), (H), (I), and (f) of
5 U.S.C. 552a, provided, however, that
if any individual is denied any right,
privilege, or benefit that he or she
would otherwise be entitled to by
federal law, or for which he or she
would otherwise be eligible, as a result
of the maintenance of these records,
such material shall be provided to the
individual, except to the extent that the
disclosure of the material would reveal
the identity of a source who furnished
information to the Government with an
express promise that the identity of the
source would be held in confidence.
HISTORY:
PBGC–19, Office of General Counsel
Case Management System (last
published at 81 FR 63316 (September
14, 2016)).
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Fmt 4703
Sfmt 4703
PURPOSE(S) OF THE SYSTEM:
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
Prospective, current, and former
employees of PBGC who request and/or
receive a reasonable accommodation for
a disability; and, authorized individuals
or representatives (e.g., family members,
union representatives, or attorneys) who
submit a request for a reasonable
accommodation on behalf of a
prospective, current, or former
employee.
CATEGORIES OF RECORDS IN THE SYSTEM:
Name and employment information of
current or prospective employee
needing an accommodation; requester’s
name and contact information (if
different than the employee who needs
an accommodation); date request was
initiated; information concerning the
nature of the disability and the need for
accommodation, including appropriate
medical documentation; occupational
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series; pay grade; essential duties of the
position; details of the accommodation
request, such as: Type of
accommodation requested, how the
requested accommodation would assist
in job performance, the sources of
technical assistance consulted in trying
to identify alternative reasonable
accommodation, any additional
information provided by the requester
relating to the processing of the request,
whether the request was approved or
denied, whether the accommodation
was approved for a trial period; and,
documentation between the employee
and his/her supervisor(s) regarding the
accommodation.
RECORD SOURCE CATEGORIES:
Subject individuals; individual
making the request (if different than the
subject individuals); medical
professionals; and the subject
individuals’ supervisor(s).
sradovich on DSK3GMQ082PROD with NOTICES
ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES OF USERS AND
THE PURPOSES OF SUCH USES:
Information about covered
individuals may be disclosed without
consent as permitted by the Privacy Act
of 1974, 5 U.S.C. 522a(b), and:
1. General Routine Uses G1 through
G14 apply to this system of records (see
Prefatory Statement of General Routine
Uses).
2. A record from this system may be
disclosed to physicians or other medical
professionals to provide them with or
obtain from them the necessary medical
documentation and/or certification for
reasonable accommodation.
3. A record from this system may be
disclosed to another federal agency or
commission with responsibility for
labor or employment relations or other
issues, including equal employment
opportunity and reasonable
accommodation issues, when that
agency or commission has jurisdiction
over reasonable accommodation issues.
4. A record from this system may be
disclosed to the Office of Management
and Budget (OMB), Department of Labor
(DOL), Office of Personnel Management
(OPM), Equal Employment Opportunity
Commission (EEOC), or Office of
Special Counsel (OSC) to obtain advice
regarding statutory, regulatory, policy,
and other requirements related to
reasonable accommodation.
5. A record from this system may be
disclosed to appropriate third-parties
contracted by the Agency to facilitate
mediation or other dispute resolution
procedures or programs.
6. A record from this system may be
disclosed to the Department of Defense
(DOD) for purposes of procuring
VerDate Sep<11>2014
23:12 Feb 12, 2018
Jkt 244001
assistive technologies and services
through the Computer/Electronic
Accommodation Program in response to
a request for reasonable
accommodation.
POLICIES AND PRACTICES FOR STORAGE OF
RECORDS:
Records are maintained manually in
paper and/or electronic form (including
computer databases or discs). Records
may also be maintained on back-up
tapes, or on a PBGC or a contractorhosted network.
POLICIES AND PRACTICES FOR RETRIEVAL OF
RECORDS:
Records are retrieved by any one or
more of the following: Employee name
or assigned case number.
POLICIES AND PRACTICES FOR RETENTION AND
DISPOSAL OF RECORDS:
Records are maintained and destroyed
in accordance with the National
Archives and Record Administration’s
(NARA) Basic Laws and Authorities (44
U.S.C. 3301, et seq.) or a PBGC records
disposition schedule approved by
NARA. Records existing on paper are
destroyed beyond recognition.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL
SAFEGUARDS:
PBGC has established security and
privacy protocols that meet the required
security and privacy standards issued
by the National Institute of Standards
and Technology (NIST). Records are
maintained in a secure, password
protected electronic system that utilizes
security hardware and software to
include multiple firewalls, active
intruder detection, and role-based
access controls. PBGC has adopted
appropriate administrative, technical,
and physical controls in accordance
with PBGC’s security program to protect
the confidentiality, integrity, and
availability of the information, and to
ensure that records are not disclosed to
or accessed by unauthorized
individuals.
Electronic records are stored on
computer networks, which may include
cloud-based systems, and protected by
controlled access with Personal Identity
Verification (PIV) cards, assigning user
accounts to individuals needing access
to the records and by passwords set by
authorized users that must be changed
periodically.
4902.5, should submit a written request
to the Disclosure Officer, PBGC, 1200 K
Street NW, Washington, DC 20005,
providing their name, address, date of
birth, and verification of their identity
in accordance with 29 CFR 4902.3(c).
CONTESTING RECORD PROCEDURES:
Individuals, or third parties with
written authorization from the
individual, wishing to amend their
records must submit a written request
identifying the information they wish to
correct in their file, in addition to
following the requirements of the
Record Access Procedure above.
NOTIFICATION PROCEDURES:
Individuals, or third parties with
written authorization from the
individual, wishing to learn whether
this system of records contains
information about them should submit a
written request to the Disclosure Officer,
PBGC, 1200 K Street NW, Washington,
DC 20005, providing their name,
address, date of birth, and verification of
their identity in accordance with 29
CFR 4902.3(c).
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
None.
HISTORY:
PBGC–21, Reasonable
Accommodation Records (last published
at 81 FR 63317 (September 14, 2016)).
SYSTEM NAME AND NUMBER
PBGC–22: Telework and Alternative
Worksite Records—PBGC.
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
Pension Benefit Guaranty Corporation
(PBGC), 1200 K Street NW, Washington,
DC 20005. (Records may be kept at an
additional location as backup for
continuity of operations.)
SYSTEM MANAGER(S) AND ADDRESS:
Telework Managing Officer, Human
Resources Department, PBGC, 1200 K
Street NW, Washington, DC 20005.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
29 U.S.C. 1302; 44 U.S.C. 3101; 5
U.S.C. 301; 5 U.S.C. 6120.
RECORD ACCESS PROCEDURES:
PURPOSE(S) OF THE SYSTEM:
Individuals, or third parties with
written authorization from the
individual, wishing to request access to
their records in accordance with 29 CFR
4902.4 or to amend records pertaining to
themselves in accordance with 29 CRF
The purpose of this system of records
is to collect and maintain records on
current and former employees who have
participated in, presently participate in,
or have sought to participate in PBGC’s
Telework Program.
PO 00000
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Fmt 4703
Sfmt 4703
E:\FR\FM\13FEN1.SGM
13FEN1
Federal Register / Vol. 83, No. 30 / Tuesday, February 13, 2018 / Notices
to facilitate mediation or other dispute
resolution procedures or programs.
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
Current and former employees of
PBGC who have requested to participate
in PBGC’s Telework Program in order to
work at an alternative worksite other
than their official PBGC duty station.
CATEGORIES OF RECORDS IN THE SYSTEM:
Name, position title, grade, series, and
department name; official PBGC duty
station address and telephone number;
alternative worksite address and
telephone number(s); date telework
agreement received and approved/
denied; telework request and approval
form; telework agreement, selfcertification home safety checklist, and
supervisor-employee checklist; type of
telework requested (e.g., episodic or
regular); regular work schedule;
telework schedule; approvals/
disapprovals; description and list of
government-owned equipment and
software provided to the teleworker;
mass transit benefits received through
PBGC’s mass transit subsidy program;
parking subsidies received through
PBGC’s subsidized parking program;
license plate information; driver’s
license; and any other miscellaneous
documents supporting telework.
RECORD SOURCE CATEGORIES:
sradovich on DSK3GMQ082PROD with NOTICES
ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES OF USERS AND
THE PURPOSES OF SUCH USES:
Information about covered
individuals may be disclosed without
consent as permitted by the Privacy Act
of 1974, 5 U.S.C. 522a(b), and:
1. General Routine Uses G1 through
G14 apply to this system of records (see
Prefatory Statement of General Routine
Uses).
2. A record from this system may be
disclosed to federal, state, tribal or local
governments during actual emergencies,
exercises, or continuity of operations
tests for the purposes of emergency
preparedness and responding to
emergency situations.
3. A record from this system may be
disclosed to the Department of Labor
when an employee is injured when
working at home while in the
performance of normal duties.
4. A record from this system may be
disclosed to the Office of Personnel
Management (OPM) for use in its
Telework Survey to provide
consolidated data on participation in
PBGC’s Telework Program.
5. A record from this system of
records may be disclosed to appropriate
third-parties contracted by the Agency
23:12 Feb 12, 2018
Jkt 244001
Records are maintained manually in
paper and/or electronic form (including
computer databases). Records may also
be maintained on back-up tapes, or on
a PBGC or a contractor-hosted network.
Also, each of PBGC’s departments has a
Telework Liaison who may maintain
copies of the records pertaining to
employees working in his or her
department.
POLICIES AND PRACTICES FOR RETRIEVAL OF
RECORDS:
Records may be retrieved by any one
or more of the following: Employee
name, and the department in which the
employee works, will work, or
previously worked.
POLICIES AND PRACTICES FOR RETENTION AND
DISPOSAL OF RECORDS:
Records are maintained and destroyed
in accordance with the National
Archives and Record Administration’s
(NARA) Basic Laws and Authorities (44
U.S.C. 3301, et seq.) or a PBGC records
disposition schedule approved by
NARA.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL
SAFEGUARDS:
Subject individuals; subject
individuals’ supervisors.
VerDate Sep<11>2014
POLICIES AND PRACTICES FOR STORAGE OF
RECORDS:
PBGC has established security and
privacy protocols that meet the required
security and privacy standards issued
by the National Institute of Standards
and Technology (NIST). Records are
maintained in a secure, password
protected electronic system that utilizes
security hardware and software to
include multiple firewalls, active
intruder detection, and role-based
access controls. PBGC has adopted
appropriate administrative, technical,
and physical controls in accordance
with PBGC’s security program to protect
the confidentiality, integrity, and
availability of the information, and to
ensure that records are not disclosed to
or accessed by unauthorized
individuals.
Electronic records are stored on
computer networks, which may include
cloud-based systems, and protected by
controlled access with Personal Identity
Verification (PIV) cards, assigning user
accounts to individuals needing access
to the records and by passwords set by
authorized users that must be changed
periodically.
RECORD ACCESS PROCEDURES:
Individuals, or third parties with
written authorization from the
individual, wishing to request access to
their records in accordance with 29 CFR
PO 00000
Frm 00115
Fmt 4703
Sfmt 4703
6273
4902.4, should submit a written request
to the Disclosure Officer, PBGC, 1200 K
Street NW, Washington, DC 20005,
providing their name, address, date of
birth, and verification of their identity
in accordance with 29 CFR 4902.3(c).
CONTESTING RECORD PROCEDURES:
Individuals, or third parties with
written authorization from the
individual, wishing to amend their
records must submit a written request
identifying the information they wish to
correct in their file, in addition to
following the requirements of the
Record Access Procedure above.
NOTIFICATION PROCEDURES:
Individuals, or third parties with
written authorization from the
individual, wishing to learn whether
this system of records contains
information about them should submit a
written request to the Disclosure Officer,
PBGC, 1200 K Street NW, Washington,
DC 20005, providing their name,
address, date of birth, and verification of
their identity in accordance with 29
CFR 4902.3(c).
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
None.
HISTORY:
PBGC–22, Telework and Alternative
Worksite Records (last published at 81
FR 63319 (September 14, 2016)).
SYSTEM NAME AND NUMBER
PBGC–23: Internal Investigations of
Allegations of Harassing Conduct—
PBGC.
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
Pension Benefit Guaranty Corporation
(PBGC), 1200 K Street NW, Washington,
DC 20005. (Records may be kept at an
additional location as backup for
continuity of operations.)
SYSTEM MANAGER(S) AND ADDRESS:
Director, Human Resources
Department, PBGC, 1200 K Street NW,
Washington, DC 20005.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
29 U.S.C. 1302; 44 U.S.C. 3101; 5
U.S.C. 301; 42 U.S.C. 2000e, et seq.
PURPOSE(S) OF THE SYSTEM:
This system of records is maintained
for the purpose of upholding PBGC’s
policy to prevent and eradicate
harassing conduct in the workplace,
including conducting and resolving
internal investigations of allegations of
harassing conduct brought by or against
PBGC employees, contractors or interns.
E:\FR\FM\13FEN1.SGM
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CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
Current or former PBGC employees,
contractors, and interns who have filed
a complaint, made a report of
harassment, or have been accused of
harassing conduct.
CATEGORIES OF RECORDS IN THE SYSTEM:
The system contains all documents
related to a complaint or report of
harassment, which may include the
name, position, grade, and supervisor(s)
of the complainant and the accused; the
complaint; statements of witnesses;
reports of interviews; medical records;
final decisions and corrective actions
taken; and related correspondence and
exhibits.
RECORD SOURCE CATEGORIES:
Subject individuals; PBGC
supervisors, employees, contractors, and
others with knowledge; outside counsel
retained by subject individuals; and
medical professionals.
ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES OF USERS AND
THE PURPOSES OF SUCH USES:
Information about covered
individuals may be disclosed without
consent as permitted by the Privacy Act
of 1974, 5 U.S.C. 522a(b), and:
1. General Routine Uses G1 through
G14 apply to this system of records (see
Prefatory Statement of General Routine
Uses).
2. Disclosure of information from this
system of records regarding the status of
any investigation that may have been
conducted may be made to the
complaining party and to the individual
against whom the complaint was made
when the purpose of the disclosure is
both relevant and necessary and is
compatible with the purpose for which
the information was collected.
POLICIES AND PRACTICES FOR STORAGE OF
RECORDS:
Records are maintained manually in
paper and/or electronic form (including
computer databases or discs). Records
may also be maintained on back-up
tapes, or on a PBGC or a contractorhosted network.
sradovich on DSK3GMQ082PROD with NOTICES
POLICIES AND PRACTICES FOR RETRIEVAL OF
RECORDS:
Records are retrieved by any one or
more of the following: Name;
department; or unique identifier
assigned to each incident reported.
Records are maintained and destroyed
in accordance with the National
Archives and Record Administration’s
23:12 Feb 12, 2018
Jkt 244001
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL
SAFEGUARDS:
PBGC has established security and
privacy protocols that meet the required
security and privacy standards issued
by the National Institute of Standards
and Technology (NIST). Records are
maintained in a secure, password
protected electronic system that utilizes
security hardware and software to
include multiple firewalls, active
intruder detection, and role-based
access controls. PBGC has adopted
appropriate administrative, technical,
and physical controls in accordance
with PBGC’s security program to protect
the confidentiality, integrity, and
availability of the information, and to
ensure that records are not disclosed to
or accessed by unauthorized
individuals.
Paper records are kept in cabinets in
areas of restricted access that are locked
after office hours. Electronic records are
stored on computer networks, which
may include cloud-based systems, and
protected by controlled access with
Personal Identity Verification (PIV)
cards, assigning user accounts to
individuals needing access to the
records and by passwords set by
authorized users that must be changed
periodically.
RECORD ACCESS PROCEDURES:
address, date of birth, and verification of
their identity in accordance with 29
CFR 4902.3(c).
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
Pursuant to 5 U.S.C. 552a(k)(2),
records in this system are exempt from
the requirements of subsections (c)(3),
(d), (e)(1), (e)(4)(G), (H), (I), and (f) of 5
U.S.C. 552a, provided, however, that if
any individual is denied any right,
privilege, or benefit that he or she
would otherwise be entitled to by
federal law, or for which he or she
would otherwise be eligible, as a result
of the maintenance of these records,
such material shall be provided to the
individual, except to the extent that the
disclosure of the material would reveal
the identity of a source who furnished
information to the Government with an
express promise that the identity of the
source would be held in confidence.
HISTORY:
PBGC–23, Internal Investigations of
Allegations of Harassing Conduct (last
published at 81 FR 63320 (September
14, 2016)).
SYSTEM NAME AND NUMBER
PBGC–24: Participant Debt
Collection—PBGC
[RESCINDED]
SYSTEM NAME AND NUMBER
PBGC–25: PBGC.GOV Comment
Management System—PBGC.
Individuals, or third parties with
written authorization from the
individual, wishing to request access to
their records in accordance with 29 CFR
4902.4, should submit a written request
to the Disclosure Officer, PBGC, 1200 K
Street NW, Washington, DC 20005,
providing their name, address, date of
birth, and verification of their identity
in accordance with 29 CFR 4902.3(c).
SECURITY CLASSIFICATION:
CONTESTING RECORD PROCEDURES:
Division Manager, Communications
Outreach and Legislative Affairs
Department, PBGC, 1200 K Street NW,
Washington, DC 20005.
Individuals, or third parties with
written authorization from the
individual, wishing to amend their
records must submit a written request
identifying the information they wish to
correct in their file, in addition to
following the requirements of the
Record Access Procedure above.
Unclassified.
SYSTEM LOCATION:
Pension Benefit Guaranty Corporation
(PBGC), 1200 K Street NW, Washington,
DC 20005. (Records may be kept at an
additional location as backup for
continuity of operations.)
SYSTEM MANAGER(S) AND ADDRESS:
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
29 U.S.C. 1302; 44 U.S.C. 3101; 44
U.S.C. Ch 36; 5 U.S.C. 301; 40 U.S.C.
Subchapter II.
NOTIFICATION PROCEDURES:
POLICIES AND PRACTICES FOR RETENTION AND
DISPOSAL OF RECORDS:
VerDate Sep<11>2014
(NARA) Basic Laws and Authorities (44
U.S.C. 3301, et seq.) or a PBGC records
disposition schedule approved by
NARA.
PURPOSE(S) OF THE SYSTEM:
Individuals, or third parties with
written authorization from the
individual, wishing to learn whether
this system of records contains
information about them should submit a
written request to the Disclosure Officer,
PBGC, 1200 K Street NW, Washington,
DC 20005, providing their name,
The information in this system is
maintained to: provide a central
location to search, view, download and
comment on federal rulemaking
documents; respond to the public’s
comments; track regulatory feedback;
and, retain commenter information in
order to respond to the public.
PO 00000
Frm 00116
Fmt 4703
Sfmt 4703
E:\FR\FM\13FEN1.SGM
13FEN1
Federal Register / Vol. 83, No. 30 / Tuesday, February 13, 2018 / Notices
U.S.C. 3301, (et seq.) or a PBGC records
disposition schedule approved by
NARA.
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
Any individual commenting on
PBGC’s rulemaking activities or
submitting supporting materials; any
individual initiating contact with the
PBGC through use of the agency
website.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL
SAFEGUARDS:
CATEGORIES OF RECORDS IN THE SYSTEM:
Comments and supporting
documentation from the public (may
include name, email address, physical
address, phone numbers, PBGC
customer identification numbers, Social
Security numbers, dates of birth, dates
of hire, dates of termination, marital
status, pay status); agency rulemaking
materials; Federal Register publications;
scientific and financial studies; IP
information; cookies (session and
persistent); and, internet protocol (IP)
addresses.
RECORD SOURCE CATEGORIES:
Individuals commenting on agency
rulemaking; individuals contacting
PBGC via the agency website.
ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES OF USERS AND
THE PURPOSES OF SUCH USES:
Information about covered
individuals may be disclosed without
consent as permitted by the Privacy Act
of 1974, 5 U.S.C. 522a(b), and:
1. General Routine Uses G1 through
G14 apply to this system of records (see
Prefatory Statement of General Routine
Uses).
2. Information, including personally
identifiable information (PII), contained
in comments about agency rulemaking,
whether submitted through pbgc.gov or
regulations.gov, may be published to the
PBGC website.
POLICIES AND PRACTICES FOR STORAGE OF
RECORDS:
sradovich on DSK3GMQ082PROD with NOTICES
POLICIES AND PRACTICES FOR RETRIEVAL OF
RECORDS:
Information from this system may be
retrieved by numerous data elements
and key word searches, including, but
not limited to name, dates, subject, and
other information retrievable with fulltext searching capability.
POLICIES AND PRACTICES FOR RETENTION AND
DISPOSAL OF RECORDS:
Records are maintained and destroyed
in accordance with the National
Archives and Record Administration’s
(NARA) Basic Laws and Authorities (44
23:12 Feb 12, 2018
Jkt 244001
RECORD ACCESS PROCEDURES:
Individuals, or third parties with
written authorization from the
individual, wishing to request access to
their records in accordance with 29 CFR
4902.4, should submit a written request
to the Disclosure Officer, PBGC, 1200 K
Street NW, Washington, DC 20005,
providing their name, address, date of
birth, and verification of their identity
in accordance with 29 CFR 4902.3(c).
CONTESTING RECORD PROCEDURES:
Records are maintained in electronic
form (including computer databases or
discs). Records may also be maintained
on back-up tapes, or on a PBGC or a
contractor-hosted network.
VerDate Sep<11>2014
PBGC has established security and
privacy protocols that meet the required
security and privacy standards issued
by the National Institute of Standards
and Technology (NIST). Records are
maintained in a secure, password
protected electronic system that utilizes
security hardware and software to
include multiple firewalls, active
intruder detection, and role-based
access controls. PBGC has adopted
appropriate administrative, technical,
and physical controls in accordance
with PBGC’s security program to protect
the confidentiality, integrity, and
availability of the information, and to
ensure that records are not disclosed to
or accessed by unauthorized
individuals.
Electronic records are stored on
computer networks, which may include
cloud-based systems, and protected by
controlled access with Personal Identity
Verification (PIV) cards, assigning user
accounts to individuals needing access
to the records and by passwords set by
authorized users that must be changed
periodically.
Individuals, or third parties with
written authorization from the
individual, wishing to amend their
records must submit a written request
identifying the information they wish to
correct in their file, in addition to
following the requirements of the
Record Access Procedure above.
NOTIFICATION PROCEDURES:
Individuals, or third parties with
written authorization from the
individual, wishing to learn whether
this system of records contains
information about them should submit a
written request to the Disclosure Officer,
PBGC, 1200 K Street NW, Washington,
DC 20005, providing their name,
address, date of birth, and verification of
their identity in accordance with 29
CFR 4902.3(c).
PO 00000
Frm 00117
Fmt 4703
Sfmt 4703
6275
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
None.
HISTORY:
None.
[FR Doc. 2018–02882 Filed 2–12–18; 8:45 am]
BILLING CODE 7709–02–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–82647; File No. SR–C2–
2018–002]
Self-Regulatory Organizations; Cboe
C2 Exchange, Inc.; Notice of Filing and
Immediate Effectiveness of a Proposed
Rule Change Related to Market Data
Fees
February 7, 2018.
Pursuant to Section 19(b)(1) of the
Securities Exchange Act of 1934 (the
‘‘Act’’),1 and Rule 19b–4 thereunder,2
notice is hereby given that on January
30, 2018, Cboe C2 Exchange, Inc. (the
‘‘Exchange’’ or ‘‘C2’’) filed with the
Securities and Exchange Commission
(the ‘‘Commission’’) the proposed rule
change as described in Items I, II, and
III below, which Items have been
prepared by the Exchange. The
Commission is publishing this notice to
solicit comments on the proposed rule
change from interested persons.
I. Self-Regulatory Organization’s
Statement of the Terms of Substance of
the Proposed Rule Change
The Exchange proposes to amend the
Cboe Data Services (‘‘CDS’’) fee
schedule to increase the fees for the
BBO, Book Depth, and Complex Order
Book (‘‘COB’’) data feeds.
The text of the proposed rule change
is also available on the Exchange’s
website (https://www.c2exchange.com/
Legal/), at the Exchange’s Office of the
Secretary, and at the Commission’s
Public Reference Room.
II. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
In its filing with the Commission, the
Exchange included statements
concerning the purpose of and basis for
the proposed rule change and discussed
any comments it received on the
proposed rule change. The text of these
statements may be examined at the
places specified in Item IV below. The
Exchange has prepared summaries, set
forth in sections A, B, and C below, of
1 15
2 17
E:\FR\FM\13FEN1.SGM
U.S.C. 78s(b)(1).
CFR 240.19b–4.
13FEN1
Agencies
[Federal Register Volume 83, Number 30 (Tuesday, February 13, 2018)]
[Notices]
[Pages 6247-6275]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-02882]
=======================================================================
-----------------------------------------------------------------------
PENSION BENEFIT GUARANTY CORPORATION
Privacy Act of 1974; Systems of Records
AGENCY: Pension Benefit Guaranty Corporation.
ACTION: Notice of modified systems of records; notice of a rescinded
system of records; notice of a new system of records.
-----------------------------------------------------------------------
SUMMARY: Pursuant to the Privacy Act of 1974, the Pension Benefit
Guaranty Corporation (PBGC) proposes the following changes to its
system of records notices to: Amend a general routine use, rescind a
duplicative system of records, establish a new system of records for
collection of data from the agency website, add or amend routine uses
in ten systems of records, make clarifying changes to all nineteen
systems of records notices, and republish all existing systems of
records notices. The PBGC determined that the proposed changes were
necessary after conducting the biennial review of its systems of
records notices.
DATES: Comments are due by March 15, 2018. The revised and additional
systems of records described herein will become effective 30 days after
the date of publication, without further notice, unless comments
results in a contrary determination and a notice is published to that
effect.
ADDRESSES: You may submit written comments to PBGC by any of the
following methods:
Federal eRulemaking Portal: https://www.regulations.gov.
Follow the website instructions for submitting comments.
Email: [email protected].
Mail or Hand Delivery: Communications Outreach and
Legislative Affairs Department, Pension Benefit Guaranty Corporation,
1200 K Street NW, Washington, DC 20005.
With appropriate redactions of personally identifiable information,
[[Page 6248]]
comments received through these methods will be posted to PBGC's
website, https://www.pbgc.gov. Copies of comments may also be obtained
by writing to the Pension Benefit Guaranty Corporation, Disclosure
Division, Office of the General Counsel, 1200 K Street NW, Washington,
DC 20005, or calling 202-326-4040 during normal business hours. (TTY
and TDD users may call the Federal relay service toll-free at 1-800-
877-8339 and ask to be connected to 202-326-4040.)
FOR FURTHER INFORMATION CONTACT: Margaret Drake, Chief Privacy Officer,
Pension Benefit Guaranty Corporation, Office of the General Counsel,
1200 K Street NW, Washington, DC 20005, 202-326-4400, extension 6435,
or Nicole Moore, Attorney, Pension Benefit Guaranty Corporation, Office
of the General Counsel, 1200 K Street NW, Washington, DC 20005, 202-
326-4000, extension 3170. For access to any of the PBGC's systems of
records, contact D. Camilla Perry, Disclosure Officer, Office of the
General Counsel, Disclosure Division, 1200 K Street NW, Washington DC
20005, or by calling 202-326-4040 directly.
SUPPLEMENTARY INFORMATION:
(1) PBGC Is Proposing To Amend One General Routine Use in Its Prefatory
Statement of General Routine Uses
PBGC is proposing to amend one general routine use in its Prefatory
Statement of General Routine Uses. During a routine review of the
General Routine Uses, PBGC determined that the language contained in
General Routine Use 1--Law Enforcement should be clarified to reflect
that information maintained in a PBGC system of records may be
disclosed to law enforcement investigating the potential or actual
violation of a statute, regulation, rule or particular program. The
language will be further amended to clarify that law enforcement
includes tribal entities charged with law enforcement. The amended
General Routine Use will read: ``G1. Routine Use--Law Enforcement: A
record from this system may be disclosed to law enforcement in the
event the record is connected to a violation or potential violation of
law, whether civil, criminal or regulatory in nature, and whether
arising by general statute, regulation, rule, or order issued pursuant
thereto. Such disclosure may be made to the appropriate agency, whether
Federal, State, local, or tribal, or other public authority responsible
for enforcing, investigating or prosecuting such violation or charged
with enforcing or implementing the statute, or rule, regulation, or
order issued pursuant thereto, if PBGC determines that the records are
both relevant and necessary to any enforcement, regulatory,
investigative or prospective responsibility of the receiving entity.''
(2) PBGC Is Proposing To Rescind PBGC-24, Participant Debt Collection
Pursuant the Privacy Act of 1974, 5 U.S.C. 552a, and as part of its
ongoing improvement, integration and management efforts, PBGC is
proposing to rescind the following system of records notice: PBGC-24,
Participant Debt Collection (last published at 81 FR 63321 (September
14, 2016)).
With regard to PBGC-24, the Agency will continue to collect and
maintain records about individuals who may owe a debt to the Agency and
will rely upon an existing PBGC system of records titled PBGC-13, Debt
Collection--PBGC (last published at 81 FR 63311 (September 14, 2016)),
which is also written for the purpose of collecting any and all debts
that be owed to the PBGC. The primary difference between the two
systems of records being that PBGC-13 and PBGC-24 have different system
managers.
Eliminating this notice will have no adverse impact on individuals;
rather, its removal will promote the overall streamlining and
management of PBGC Privacy Act system of records and reduce the
likelihood of any public misunderstanding rooted in the existence of
two similar notices. PBGC-13 will be clarified and amended to reflect
both the existing system manager and the former system manager of PBGC-
24.
(3) PBGC Is Proposing To Establish a New System of Records: PBGC-25,
PBGC.GOV Comment Management System
PBGC is proposing to establish a new system of records titled,
``PBGC-25, PBGC.GOV Comment Management System--PBGC.'' The proposed
system of records furthers the Agency's commitment to the E-Government
Act of 2002 by promoting the use of electronic services, specifically,
providing the public with access to proposed rulemaking and the ability
to directly comment on those rules or any other area of concern
directly to the Agency via comment field(s) on the PBGC.gov website.
The public may also submit supporting materials related to their
comments or other area of concern. This system of records may contain
records of data points supplied by the user of the comment field, which
may include names, addresses, phone numbers, email addresses, social
security numbers, customer identification numbers, user names, internet
protocol (IP) addresses or any other information entered in the comment
field. In addition, this system will contain comments individuals have
submitted through Regulations.gov about PBGC. While this will be a new
system of records, PBGC will continue to respect the privacy of
individuals using the website and comment field by encouraging users to
provide the least amount of information necessary to respond to
rulemaking or initiate contact with the Agency.
The collection and maintenance of these records is new. Prior to
PBGC.gov, PBGC did not solicit, receive or collect rulemaking comments
through its public website.
(4) PBGC Is Proposing To Add Two Routine Uses to PBGC-2, Disbursements
PBGC is proposing to add two routine uses to PBGC-2, Disbursements
(last published at 81 FR 63301 (September 14, 2016)).
PBGC is proposing the addition of routine use 3, which permits the
disclosure of information in this system to the Office of Personnel
Management, the Office of Management and Budget, or the Government
Accountability Office. This addition will facilitate oversight of
payments made from PBGC to various entities, as well as promote
transparency and accountability during the payment process. Routine use
3 will read: ``To the Office of Personnel Management (OPM), the Office
of Management and Budget (OMB), or the Government Accountability Office
(GAO) when the information is required for program evaluation
purposes.''
PBGC is proposing the addition of routine use 4, which permits
disclosure of information to consumer reporting agencies in order to
facilitate and collect claims for money or property due to PBGC. New
routine use 4 will read, ``A record from this system may be disclosed
to a consumer reporting agency in accordance with 31 U.S.C. 3711(e).''
(5) PBGC Is Proposing To Add a Routine Use to PBGC-3, Employee Payroll,
Leave, and Attendance Records
PBGC is proposing to add a routine use to PBGC-3: Employee Payroll,
Leave, and Attendance Records (last published at 81 FR 63301 (September
14, 2016)). This routine use is necessary as it allows PBGC to collect
claims for money or property. The new routine use will read, ``A record
from this system may be disclosed to a consumer reporting agency in
accordance with 31 U.S.C. 3711(e).''
[[Page 6249]]
(6) PBGC Is Proposing To Clarify the Types of Plan Information
Contained in the System, Amend Two Routine Uses and Add a Routine Use
to PBGC-6, Plan Participant and Beneficiary Data
PBGC is proposing the following revisions to PBGC-6, Plan
Participant and Beneficiary Data (last published at 81 FR 63303
(September 14, 2016)): Clarification of the types of plan information
contained in the system; amendment of two routine uses; and, addition
of one new routine use.
PBGC is proposing the clarification of the name of the type of
plans records contained in the system of records. Currently, plan
information is described as ``pension plans.'' PBGC would clarify the
name of the type of plans to ``retirement plans'' in order to reflect
the inclusion of plans that do not meet the definition of ``pension
plans.''
PBGC is proposing the amendment of routine use 13, which currently
permits disclosure to government agencies in order to verify payment
eligibility. After review of the routine use and agency practices, we
have determined that information needed to verify eligibility to
receive payment may be held by third parties with whom PBGC has a
contractual relationship. The amended portion of routine use 13 will
permit disclosure and read, ``a third party with whom PBGC has a
contractual relationship.'' This amendment will further the purpose of
the Agency by ensuring payments are made only to individuals eligible
to receive such payments.
PBGC is proposing the amendment of routine use 16, which currently
permits the disclosure of a beneficiary's name and date of birth to the
participant. PBGC wishes to disclose additional types of beneficiary
information to the participant. Amended routine use 16 will read,
``With the exception of third party social security numbers, all
beneficiary information contained in the participant file (such as:
Names, addresses, phone numbers, email addresses and dates of birth)
provided by the subject of the record may be disclosed to the subject
of the record, upon written request to the Disclosure Officer in
accordance with the Record Access Procedure outlined below.'' Under the
existing routine use, PBGC withholds all information except the name
and date of birth of a beneficiary that is contained in participant's
file, even though it was often the participant who provided the
beneficiary's personal information (as this information is required
from the participant when naming their beneficiary). By allowing PBGC
to disclose all information regarding the beneficiary to the
participant, except their social security number, the amended routine
use will ensure that a participant can readily confirm or amend
information about their beneficiary, while still protecting the
beneficiary's social security number. In addition, this routine use
will improve customer service without sacrificing any individuals'
privacy interests.
PBGC is proposing the addition of a routine use to PBGC-6. New
routine use 18 will read, ``A record from this system may be disclosed
to a consumer reporting agency in accordance with 31 U.S.C. 3711(e).''
This routine use is necessary as it allows the disclosure of
information to consumer reporting agencies in order to facilitate and
collect claims for money or property due to PBGC.
(7) PBGC Is Proposing To Add One Routine Use to PBGC-8, Employee
Relations Files
PBGC's review of its system of records notices revealed the need to
be able to disclose certain records from the PBGC system of records
documenting employee grievances to union representatives. Accordingly,
PBGC is proposing to add one additional routine use to PBGC-8; Employee
Relations Files (last published at 81 FR 63304 (September 14, 2016), in
furtherance of resolving a grievant's complaint and limiting such
disclosure to the extent that it is relevant to the subject matter
involved in the union issue or proceeding and if disclosure would be in
the interest of the subject individual. New routine use 3 will read:
``A record from this system may be disclosed to a union representative,
Hearing Examiner or Arbitrator for the purpose of representation or in
order to conduct a hearing in connection with an employee's grievance
or appeal.''
(8) PBGC Is Proposing To Amend the Name of the System of Record, Amend
One Routine Use, Correct the Numbering of Published Routine Uses, and
Add Two Routine Uses to PBGC-9, Unclaimed Pensions
PBGC's review of its system of records notices revealed the need to
limit the disclosure of certain information and permit the disclosure
of other information from the PBGC system of records containing
information on unclaimed retirement funds. PBGC is proposing to amend
the name of the system, amend one routine use, correct the numbering of
published routine uses and add two routine uses to PBGC-9: Unclaimed
Pensions (last published at 81 FR 63306 (September 14, 2016)). These
changes are designed to ensure that the system name adequately reflects
the information contained therein and to ensure that the Agency may
fulfill its mission of paying benefits to participants or their
beneficiaries while still protecting individual privacy rights. The new
name of the system of record will be PBGC-9: Unclaimed Retirement
Funds.
In the last published version of this records notice, there were
two routine uses number 7. PBGC is proposing to amend the first routine
use 7 by removing language permitting the disclosure of the last known
address of participants and beneficiaries. PBGC believes that not
disclosing this information to the public protects the privacy rights
of these individuals. Further, the information that will continue to be
disclosed pursuant to routine use 7 is more than sufficient to make the
public aware and potentially identify and locate individuals who may be
owed a benefit payment.
PBGC also proposes the correction of numbering by revising the
latter routine use to 8. There are no further changes to this routine
use and will be republished to read: 8. Names, social security numbers,
last known addresses, dates of birth and death, employment history, and
pay status of individuals covered by legal settlement agreements
involving PBGC may be disclosed to entities covered by or created under
those agreements.
New routine use 9 will read: ``Names, social security numbers, last
known addresses, dates of birth, and benefit amounts owed may be
disclosed to other government agencies under a Memorandum of
Understanding or Interagency Agreement in order to locate missing
participants.''
New routine use 10 will read: ``Names, social security numbers,
dates of birth and death, name of plan sponsors, plan sponsor EIN/PN
may be periodically disclosed to insurance companies where annuities
have been purchased by a terminated plan.''
(9) PBGC Is Proposing To Update and Add Ten Routine Uses to PBGC-12,
Personnel Security Investigation Records
PBGC's review of its system of records notices revealed the need to
disclose certain information from the PBGC system of records
documenting personnel information to other branches and agencies of the
Federal Government. PBGC is proposing to update and add ten routine
uses to PBGC-12: Personnel Security Investigation Records (last
published at 81 FR 63309 (September 14, 2016)), to
[[Page 6250]]
ensure consistency with the Federal Investigative Standards and to
promote the efficiency of governmental hiring and investigations
associated with hiring. The records in this system may be used to
provide investigatory information for determinations concerning whether
an individual is, or continues to be, suitable or fit for Government
employment or military service; eligible for logical and physical
access to federally controlled facilities and information systems;
eligible to hold a sensitive position (including, but not limited to,
eligibility for access to classified information); fit to perform work
for or on behalf of the Government as an employee of a contractor;
qualified for Government service; qualified to perform contractual
services for the Government; and, loyal to the United States. The
system is also used to document such determinations. In conducting a
review of the system of records, it was determined that information
regarding PBGC vendors may be included in the system. The category of
vendor has been added to the category of individuals covered by the
system and are included in the system of records' purpose.
PBGC proposes the clarification of the name of an office within a
federal agency used as an example in routine use 2. The office charged
with investigating the suitability of individuals in this system would
be the National Background Investigations Bureau (NBIB), a component of
the Office of Personnel Management. The clarified example in the
routine use example will now include, ``National Background
Investigations Bureau (NBIB).''
New routine use 4 will read: ``To designated officers and employees
of agencies, offices, and other establishments in the executive,
legislative, and judicial branches of the Federal Government, having a
need to evaluate qualifications, suitability, and loyalty to the United
States Government and/or a security clearance or access
determination.''
New routine use 5 will read: ``To designated officers and employees
of agencies, offices, and other establishments in the executive,
legislative, and judicial branches of the Federal Government, when such
agency, office, or establishment investigates an individual for
purposes of granting a security clearance, or for the purpose of making
a determination of qualifications, suitability, or loyalty to the
United States Government, or access to classified information or
restricted areas.''
New routine use 6 will read: ``To designated officers and employees
of agencies, offices, and other establishments in the executive,
judicial, or legislative branches of the Federal Government, having the
responsibility to grant clearances to make a determination regarding
access to classified information or restricted areas, or to evaluate
qualifications, suitability, or loyalty to the United States
Government, in connection with performance of a service to the Federal
Government under a contract or other agreement.''
New routine use 7 will read: ``To U.S. intelligence agencies for
use in intelligence activities.''
New routine use 8 will read: ``To the appropriate Federal, State,
local, tribal, or other public authority responsible for investigating,
prosecuting, enforcing, or implementing a statute, rule, regulation, or
order where OPM becomes aware of an indication of a violation or
potential violation of civil or criminal law or regulation.''
New routine use 9 will read: ``To an agency, office, or other
establishment in the executive, legislative, or judicial branches of
the Federal Government, in response to its request, in connection with
the hiring or retention of an employee, the issuance of a security
clearance, the conducting of a security or suitability investigation of
an individual, the classifying of jobs, the letting of a contract, or
the issuance of a license, grant, or other benefit by the requesting
agency, to the extent that the information is relevant and necessary to
the requesting agency's decision on the matter.''
New routine use 10 will read: ``To provide information to a
congressional office from the record of an individual in response to an
inquiry from the congressional office made at the request of that
individual. However, to the extent these records may reveal the
identity of an individual who has provided information pertaining to
the investigation, the investigative file, or the parts thereof, are
exempt from release. Further, requests for OPM records contained in
this system will be referred to OPM.''
New routine use 11 will read: ``To disclose information to
contractors, experts, consultants, or students performing or working on
a contract, service, or job for the PBGC.''
New routine use 12 will read: ``To disclose results of
investigations or individuals records to agencies, such as the
Department of Labor, providing adjudicative support services to PBGC.''
And, new routine use 13 will read: ``To provide criminal history
record information to the FBI, to help ensure the accuracy and
completeness of FBI and PBGC records.''
(10) PBGC Is Proposing To Amend the System Manager and Add One Routine
Use to PBGC-13, Debt Collection
PBGC is proposing to amend the system manager and add a routine use
to PBGC-13: Debt Collection (last published at 81 FR 63311 (September
14, 2016)). PBGC is proposing the addition of a second system manager
due to the proposed rescission of PBGC-24: Participant Debt Collection.
The consolidation of the two systems streamlines PBGC processes and
eliminates redundancy. Adding the system manager for PBGC-24 ensures
that the public has access to the individuals responsible for the
collection and maintenance of records in that system.
The section of the system of records notice entitled ``System
Manager(s) and Address'' will be amended to included: Chief of Benefits
Administration, Office of Benefits Administration, PBGC, 1200 K Street
NW, Washington DC 20005.
PBGC is proposing the addition of one routine for disclosure to a
consumer reporting agency. This routine use is necessary as it allows
PBGC to collect claims for money or property. New routine use 5 will
read, ``A record from this system may be disclosed to a consumer
reporting agency in accordance with 31 U.S.C. 3711(e).''
(11) PBGC Is Proposing To Add One Routine Use to PBGC-14, My Plan
Administration Account Records
PBGC is proposing to add a routine use to PBGC-14: My Plan
Administration Account Records (last published at 81 FR 63312
(September 14, 2016)). PBGC is proposing the addition to ensure that
the Agency may fulfill its mission of locating and paying benefits to
participants or their beneficiaries. New routine use 2 will read:
``Names, addresses and phone numbers of plan sponsors, plan
administrators, pension practitioners, actuaries and pension benefit
professionals who submit plan information to My PAA may be disclosed to
the public in order to ensure the public has access to contact
information for those individuals submitting information regarding
pension plans and those responsible for the administration of pension
plans covered by the Employee Retirement Income Security Act of 1974
(ERISA).''
[[Page 6251]]
(12) PBGC Is Proposing To Add Seven Routine Uses to PBGC-17, Office of
Inspector General Investigative File System
PBGC is proposing to add seven additional routine uses to PBGC-17:
Office of Inspector General Investigative File System (last published
at 81 FR 63315 (September 14, 2016)). During the review of the systems'
routine uses, it was determined that additional routine uses were
necessary in order to ensure that the Office of Inspector General (OIG)
continues to operate with efficiency and transparency. In addition,
these new routine uses will facilitate the sharing of information
between agencies in order to fulfill the mission of the OIG.
New routine use 10 will read: ``A record may be disclosed where
there is an indication of a violation or a potential violation of law,
rule, regulation or order whether civil, criminal, administrative or
regulatory in nature, to the appropriate agency, whether federal,
state, tribal or local, or to a securities self-regulatory
organization, charged with enforcing or implementing the statute, or
rule, regulation or order.''
New routine use 11 will read: ``A record may be disclosed to
federal, state, tribal or local authorities in order to obtain
information or records relevant to an Office of Inspector General
investigation or inquiry.''
New routine use 12 will read: ``A record may be disclosed to a bar
association, state accountancy board, or other federal, state, tribal,
or local licensing or oversight authority; or professional association
or self-regulatory authority to the extent that it performs similar
functions (including the Public Company Accounting Oversight Board) for
investigations or possible disciplinary action.''
New routine use 13 will read: ``A record may be disclosed to inform
complainants, victims, and witnesses of the results of an investigation
or inquiry.''
New routine use 14 will read: ``To the Department of Justice for
the purpose of obtaining advice on investigatory matters or in order to
refer information for the purpose of prosecution.''
New routine use 15 will read: ``To contractors, interns and experts
who have been engaged to assist in an OIG investigation or in the
performance of a service related to this system of records and require
access to these records for the purpose of assisting the OIG in the
efficient administration of its duties. All recipients of these records
shall be required to comply with the requirements of the Privacy Act of
1974, as amended.''
New routine use 16 will read: ``To the public when the matter under
investigation has become public knowledge, or when the Inspector
General determines that such disclosure is necessary to preserve
confidence in the integrity of the OIG investigative process, to
demonstrate the accountability of PBGC employees, or other individuals
covered by this system, or when there exists a legitimate public
interest, unless the Inspector General has determined that disclosure
of specific information would constitute an unwarranted invasion of
personal privacy.''
And, new routine use 17 will read: ``A record from this system may
be disclosed to a consumer reporting agency in accordance with 31
U.S.C. 3711(e).''
(13) PBGC Is Proposing To Amend the Category of Records and Add a
Routine Use to PBGC-19, Office of General Counsel Case Management
System
PBGC is proposing to amend the category of records contained in the
system and add an additional routine use to PBGC-19: Office of General
Counsel Case Management System (last published at 81 FR 63316
(September 14, 2016)). During the review of the system of records, it
was determined that additional categories of records exist in this
system. PBGC proposes the amendment of the categories of records to
include the following records: Draft and final versions of notes,
disclosures and determinations made in accordance with the Freedom of
Information Act and the Privacy Act of 1974; records and information
obtained from other federal, state, local and tribal agencies and
departments, including, but not limited to: Office of Personnel
Management, Social Security Administration, Department of Treasury and
Department of Justice; ethics inquiries; personnel records; financial
records; and, individual tax returns.
PBGC proposes the addition of a new routine use permitting the
disclosure of information to a consumer reporting agency in order to
collect a claim due to the agency. New routine use 11 will read, ``A
record from this system may be disclosed to a consumer reporting agency
in accordance with 31 U.S.C. 3711(e).''
(14) PBGC Is Proposing To Make Clarifying Changes to Existing Systems
of Records
PBGC is proposing to correct and update the following sections in
existing system of records notices: Security Classification; System
Location; Categories of Individuals Covered by the System; Categories
of Records in the System; Authority for Maintenance of the System;
Purpose(s); Routine Uses of Records Maintained in the System, Including
Categories of Users and the Purposes of Such Uses; Storage;
Retrievability; Safeguards; Retention and Disposal; System Manager(s)
and Address; Notification Procedure; Record Access Procedures;
Contesting Record Procedures; Record Source Categories; and, Exemptions
Claimed for the System.
PBGC is proposing these updates to PBGC-1, Congressional
Correspondence (last published at 81 FR 63300 (September 14, 2016));
PBGC-2, Disbursements; PBGC-3, Employee Payroll, Leave, and Attendance
Records; PBGC-6, Plan Participant and Beneficiary Data; PBGC-8,
Employee Relations Files; PBGC-9, Unclaimed Pensions (amended to
Unclaimed Retirement Funds); PBGC-10, Administrative Appeals File (last
published at 81 FR 63307 (September 14, 2016)); PBGC-11, Call Detail
Records (last published at 81 FR 63308 (September 14, 2016)); PBGC-12,
Personnel Security Investigation Records; PBGC-13, Debt Collection
(last published at 81 FR 63311 (September 14, 2016)); PBGC-14, My Plan
Administration Account Records; PBGC-15, Emergency Notification Records
(last published at 81 FR 63313 (September 14, 2016)); PBGC-16, Employee
Online Directory (last published at 81 FR 63314 (September 14, 2016));
PBGC-17, Inspector General Investigative File System; PBGC-19, Office
of General Counsel Case Management System; PBGC-21, Reasonable
Accommodation Records (last published at 81 FR 63317 (September 14,
2016)); PBGC-22, Telework and Alternative Worksite Records (last
published at 81 FR 63319 (September 14, 2016)); and, PBGC-23, Internal
Investigations of Allegations of Harassing Conduct (last published at
81 FR 63320 (September 14, 2016)). These corrections and amendments
will make the system of records notices more accurate and easier to
understand individually, and collectively.
(15) PBGC Is Proposing To Republish All Existing System of Records
Notices
PBGC annually reviews all system of records notices. There have
been minor corrections, changes in system owners due to internal agency
realignments, and administrative changes for consistency in the
existing system of records notices. As such, PBGC proposes to republish
all existing
[[Page 6252]]
system of records notices in order to clarify and correct information
since the last publication.
PBGC proposes to clarify references to law enforcement entities
throughout the document to include tribal law enforcement agencies or
departments.
Concerning security classification, all systems have been labeled
as unclassified. Concerning the safeguarding and disposal of all
systems of records, PBGC follows Federal Law and Regulations, the
National Institute of Science and Technology (NIST) guidelines and best
practices, as appropriate and current notices reflect those guidelines.
Concerning the system location, the name of the agency was previously
abbreviated, and the corrected location reflects a more accurate
location of PBGC systems. Concerning authority for maintenance, all
citations have been corrected and reflect the laws that govern the
systems and collection of information for those systems. Concerning the
routine uses for the systems, the numbering of the routine uses was
corrected to reflect the proper numbering of all routine uses.
Concerning the policies and practices for storing, retrieving,
accessing, retaining and disposing of records, the notices reflect the
current practices of the agency in keeping with the E-Government Act of
2002 and current practices of the agency in regard to these systems.
Concerning storage, the notice has been clarified to reflect that PBGC
records may be maintained on back-up tapes, or on the PBGC or a
contractor-hosted network. Concerning retrievability, all methods of
retrieval have been updated and verified. Concerning safeguards, minor
grammatical corrections were made, and the entry was updated to reflect
current agency policies regarding protection and security of these
systems. Concerning retention and disposal, the entry was clarified to
reflect that agency practices were in line with guidelines issued by
the National Archives and Record Administration. Concerning
notification, access and contesting or amending records, administrative
changes reflect the current regulations governing the agency.
Concerning record source categories, minor administrative changes were
made to reflect the correct name of the offices providing records for
these systems.
Pursuant to 5 U.S.C. 552a(e)(11), interested persons are invited to
submit written comments on the proposal of these systems of records. A
report on the proposed systems has been sent to Congress and the Office
of Management and Budget for their evaluation.
For the convenience of the public, PBGC's Prefatory Statement of
General Routine Uses, the amended systems of records, and the new
systems of records are published in full below with changes italicized.
Issued in Washington, DC.
W. Thomas Reeder,
Director, Pension Benefit Guaranty Corporation.
Prefatory Statement of General Routine Uses
The following routine uses are incorporated by reference into
various systems of records, as set forth below.
G1. Routine Use--Law Enforcement: A record from this system may be
disclosed to law enforcement in the event the record is connected to a
violation or potential violation of law, whether civil, criminal or
regulatory in nature, and whether arising by general statute,
regulation, rule, or order issued pursuant thereto. Such disclosure may
be made to the appropriate agency, whether federal, state, local, or
tribal, or other public authority responsible for enforcing,
investigating or prosecuting such violation or charged with enforcing
or implementing the statute, or rule, regulation, or order issued
pursuant thereto, if PBGC determines that the records are both relevant
and necessary to any enforcement, regulatory, investigative or
prospective responsibility of the receiving entity.
G2. Routine Use--Disclosure When Requesting Information: A record
from this system of records may be disclosed to a federal, state,
tribal or local agency or to another public or private source
maintaining civil, criminal, or other relevant enforcement information
or other pertinent information if, and to the extent necessary, to
obtain information relevant to a PBGC decision concerning the hiring or
retention of an employee, the retention of a security clearance, or the
letting of a contract.
G3. Routine Use--Disclosure of Existence of Record Information:
With the approval of the Director, Human Resources Department (or his
or her designee), the fact that this system of records includes
information relevant to a federal agency's decision in connection with
the hiring or retention of an employee, the retention of a security
clearance, the letting of a contract, or the issuance of a license,
grant, or other benefit may be disclosed to that federal agency.
G4. Routine Use--Disclosure in Litigation: A record from this
system of records may be disclosed in a proceeding before a court or
other adjudicative body in which PBGC, an employee of PBGC in his or
her official capacity, an employee of PBGC in his or her individual
capacity whom PBGC (or the Department of Justice (DOJ)) has agreed to
represent is a party, or the United States or any other federal agency
is a party and PBGC determines that it has an interest in the
proceeding, and if PBGC determines that the record is relevant to the
proceeding and that the use is compatible with the purpose for which
PBGC collected the information.
G5. Routine Use--Disclosure to DOJ in Litigation: When PBGC, an
employee of PBGC in his or her official capacity, or an employee of
PBGC in his or her individual capacity whom PBGC (or DOJ) has agreed to
represent is a party to a proceeding before a court or other
adjudicative body, or the United States or any other federal agency is
a party and PBGC determines that it has an interest in the proceeding,
a record from this system of records may be disclosed to DOJ if PBGC is
consulting with DOJ regarding the proceeding or has decided that DOJ
will represent PBGC, or its interest, in the proceeding and PBGC
determines that the record is relevant to the proceeding and that the
use is compatible with the purpose for which PBGC collected the
information.
G6. Routine Use--Disclosure to the Office of Management and Budget
(OMB): A record from this system of records may be disclosed to OMB in
connection with the review of private relief legislation as set forth
in OMB Circular No. A-19 at any stage of the legislative coordination
and clearance process as set forth in that Circular.
G7. Routine Use--Congressional Inquiries: A record from this system
of records may be disclosed to a congressional office in response to an
inquiry from the congressional office made at the request of the
individual.
G8. Routine Use--Disclosure to Labor Organizations: A record from
this system of records may be disclosed to an official of a labor
organization recognized under 5 U.S.C. ch. 71 when necessary for the
labor organization to properly perform its duties as the collective
bargaining representative of PBGC employees in the bargaining unit.
G9. Routine Use--Disclosure in Response to a Breach: A record from
this system of records may be disclosed to appropriate agencies,
entities, and persons when (1) PBGC suspects or has confirmed that
there has been a breach of the system of records; (2) PBGC has
determined that as a result of the suspected or confirmed breach there
is a risk of harm to individuals, the agency (including its information
systems, programs and operations), the Federal
[[Page 6253]]
Government, or national security; and (3) the disclosure made to such
agencies, entities, and persons is reasonably necessary to assist in
connection with PBGC's efforts to respond to the suspected or confirmed
breach or to prevent, minimize, or remedy such harm.
G10. Routine Use--Contractors, Experts, and Consultants: To
contractors, experts, consultants, and the agents thereof, and others
performing or working on a contract, service, cooperative agreement, or
other assignment for PBGC when necessary to accomplish an agency
function. Individuals provided information under this routine use are
subject to the same Privacy Act requirements and limitations on
disclosure as are applicable to PBGC employees.
G11. Routine Use--Records Management: To the National Archives and
Records Administration or to the General Services Administration for
records management inspections conducted under 44 U.S.C. 2904 and 2906.
G12. Routine Use--Gathering Information: To any source from which
information is requested in the course of processing a grievance,
investigation, arbitration, or other litigation, to the extent
necessary to identify the individual, inform the source of the
purpose(s) of the request, and identify the type of information
requested.
G13. Routine Use--Disclosure to a Federal Agency: To disclose
information to a federal agency, in response to its request, in
connection with hiring or retaining an employee, issuing a security
clearance, conducting a security or suitability investigation of an
individual, or classifying jobs, to the extent that the information is
relevant and necessary to the requesting agency's decision on the
matter.
G14. Routine Use--Disclosure to Another Federal Agency or Federal
Entity in Response to a Breach: To another federal agency or federal
entity, when information from this system of records is reasonably
necessary to assist the recipient agency or entity in (1) responding to
a suspected or confirmed breach or (2) preventing, minimizing, or
remedying the risk of harm to individuals, the agency (including its
information systems, programs, and operations), the Federal Government,
or national security.
SYSTEM NAME AND NUMBER
PBGC-1: Congressional Correspondence--PBGC.
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
Pension Benefit Guaranty Corporation (PBGC), 1200 K Street NW,
Washington, DC 20005 (Records may be kept at an additional location as
backup for continuity of operations.)
SYSTEM MANAGER(S) AND ADDRESS:
Director, Communications Outreach and Legislative Affairs, PBGC,
1200 K Street NW, Washington, DC 20005.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
29 U.S.C. 1302; 44 U.S.C. 3101; and 5 U.S.C. 301.
PURPOSE(S) OF THE SYSTEM:
This system of records is maintained to catalog and respond to
correspondence received from members of Congress and their staff on
behalf of their constituents, and to respond to correspondence directed
to the Office of the Director of the PBGC.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Members of the United States Congress and staff, Congressional
constituents and individuals who have corresponded with PBGC.
CATEGORIES OF RECORDS IN THE SYSTEM:
Names of members of Congress, congressional staff and constituents;
addresses; phone numbers; social security numbers; customer
identification numbers; email addresses; copies of correspondence
received; replies to such correspondence.
RECORD SOURCE CATEGORIES:
Members of Congress and their staff; correspondents; agency
employees preparing responses to incoming correspondence or who
generate original correspondence in their official capacities.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSES OF SUCH USES:
Information about covered individuals may be disclosed without
consent as permitted by the Privacy Act of 1974, 5 U.S.C. 522a(b), and:
1. General Routine Uses G1 through G11, G13 and G14 apply to this
system of records (see Prefatory Statement of General Routine Uses).
POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
Records are maintained manually in paper and/or electronic form
(including computer databases or discs). Records may also be maintained
on back-up tapes, or on a PBGC or a contractor-hosted network.
POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
Name.
POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
Records are maintained and destroyed in accordance with the
National Archives and Record Administration's (NARA) Basic Laws and
Authorities (44 U.S.C. 3301, et seq.) or a PBGC records disposition
schedule approved by NARA.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
PBGC has established security and privacy protocols that meet the
required security and privacy standards issued by the National
Institute of Standards and Technology (NIST). Records are maintained in
a secure, password protected electronic system that utilizes security
hardware and software to include multiple firewalls, active intruder
detection, and role-based access controls. PBGC has adopted appropriate
administrative, technical, and physical controls in accordance with
PBGC's security program to protect the confidentiality, integrity, and
availability of the information, and to ensure that records are not
disclosed to or accessed by unauthorized individuals.
Electronic records are stored on computer networks, which may
include cloud-based systems, and protected by controlled access with
Personal Identity Verification (PIV) cards, assigning user accounts to
individuals needing access to the records and by passwords set by
authorized users that must be changed periodically.
RECORD ACCESS PROCEDURES:
Individuals, or third parties with written authorization from the
individual, wishing to request access to their records in accordance
with 29 CFR 4902.4, should submit a written request to the Disclosure
Officer, PBGC, 1200 K Street NW, Washington, DC 20005, providing their
name, address, date of birth, and verification of their identity in
accordance with 29 CFR 4902.3(c).
CONTESTING RECORD PROCEDURES:
Individuals, or third parties with written authorization from the
individual, wishing to amend their records must submit a written
request identifying the information they wish to correct in their file,
in addition to following the requirements of the Record Access
Procedure above.
NOTIFICATION PROCEDURES:
Individuals, or third parties with written authorization from the
[[Page 6254]]
individual, wishing to learn whether this system of records contains
information about them should submit a written request to the
Disclosure Officer, PBGC, 1200 K Street NW, Washington, DC 20005,
providing their name, address, date of birth, and verification of their
identity in accordance with 29 CFR 4902.3(c).
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
None.
HISTORY:
PBGC-1, Congressional Correspondence (last published at 81 FR 63300
(September 14, 2016)).
SYSTEM NAME AND NUMBER
PBGC-2: Disbursements--PBGC.
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
Pension Benefit Guaranty Corporation (PBGC), 1200 K Street NW,
Washington, DC 20005, PBGC Field Offices (Field Benefit
Administration), and/or paying agent worksites. (Records may be kept at
an additional location as backup for continuity of operations.)
SYSTEM MANAGER:
Director, Financial Operations Department, PBGC, K Street NW,
Washington, DC 20005.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
29 U.S.C. 1302; 44 U.S.C. 3101; 5 U.S.C. 301; 31 U.S.C. 6101; 31
U.S.C. 9101, et seq.; 31 U.S.C. 3716.
PURPOSE(S) OF THE SYSTEM:
This system of records is maintained for use in determining amounts
to be paid and in effecting payments by the Department of the Treasury
on behalf of PBGC.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
PBGC Employees; consultants; contractors; vendors; and any other
individuals who receive payments from PBGC.
CATEGORIES OF RECORDS IN THE SYSTEM:
Acquisition data for the procurement of goods and services;
invoices; payment vouchers; financial information of commercial vendors
and government contractors; Electronic Funds Transfer (EFT)
information; IP information; cookies (session and persistent); name;
address; taxpayer identification number; financial information; bank
information; Social Security number; and other information related to
the disbursement of funds.
RECORD SOURCE CATEGORIES:
Subject individuals and PBGC.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSES OF SUCH USES:
Information about covered individuals may be disclosed without
consent as permitted by the Privacy Act of 1974, 5 U.S.C. 522a(b), and
5 U.S.C. 552a(b)(3) and:
1. General Routine Uses Gl through G7 and G9 through G14 apply to
this system of records (see Prefatory Statement of General Routine
Uses).
2. A record from this system of records may be transmitted to the
United States Department of the Treasury and/or financial institutions,
including entities contracted by PBGC, to effect payments to
consultants and vendors, to verify consultants' and vendors'
eligibility to receive payments, or to fulfill PBGC's requirement
pursuant to the Digital Accountability and Transparency Act of 2014.
3. To the Office of Personnel Management (OPM), the Office of
Management and Budget (OMB), or the Government Accountability Office
(GAO) when the information is required for program evaluation purposes.
4. A record from this system may be disclosed to a consumer
reporting agency in accordance with 31 U.S.C. 3711(e).
POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
Records are maintained manually in paper and/or electronic form
(including computer databases or discs). Records may also be maintained
on back-up tapes, or on a PBGC or a contractor-hosted network.
POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
Records are retrieved by any one or more of the following: Name,
social security number, and tax payer identification number.
POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
Records are maintained and destroyed in accordance with the
National Archives and Record Administration's (NARA) Basic Laws and
Authorities (44 U.S.C. 3301, et seq.) or a PBGC records disposition
schedule approved by NARA.
Records existing on paper are destroyed beyond recognition.
Transactional records may be temporary in nature and deleted once
payment has been accepted, any action has been completed, superseded,
obsolete, or no longer needed. The retention of other records may be
discontinued at the completion of the contract, a requisition requiring
payment, or upon receipt of the payment itself.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
PBGC has established security and privacy protocols that meet the
required security and privacy standards issued by the National
Institute of Standards and Technology (NIST). Records are maintained in
a secure, password protected electronic system that utilizes security
hardware and software to include multiple firewalls, active intruder
detection, and role-based access controls. PBGC has adopted appropriate
administrative, technical, and physical controls in accordance with
PBGC's security program to protect the confidentiality, integrity, and
availability of the information, and to ensure that records are not
disclosed to or accessed by unauthorized individuals.
Electronic records are stored on computer networks, which may
include cloud-based systems, and protected by controlled access with
Personal Identity Verification (PIV) cards, assigning user accounts to
individuals needing access to the records and by passwords set by
authorized users that must be changed periodically.
RECORD ACCESS PROCEDURES:
Individuals, or third parties with written authorization from the
individual, wishing to request access to their records in accordance
with 29 CFR 4902.4, should submit a written request to the Disclosure
Officer, PBGC, 1200 K Street NW, Washington, DC 20005, providing their
name, address, date of birth, and verification of their identity in
accordance with 29 CFR 4902.3(c).
CONTESTING RECORD PROCEDURES:
Individuals, or third parties with written authorization from the
individual, wishing to amend their records must submit a written
request identifying the information they wish to correct in their file,
in addition to following the requirements of the Record Access
Procedure above.
NOTIFICATION PROCEDURES:
Individuals, or third parties with written authorization from the
individual, wishing to learn whether this system of records contains
information about them should submit a written request to the
Disclosure Officer, PBGC, 1200 K Street NW, Washington, DC 20005,
providing their name, address, date of birth, and verification of their
identity in accordance with 29 CFR 4902.3(c).
[[Page 6255]]
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
None.
HISTORY:
PBGC-2, Disbursements (last published at 81 FR 63301 (September 14,
2016)).
SYSTEM NAME AND NUMBER:
PBGC-3: Employee Payroll, Leave, and Attendance Records--PBGC.
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
Pension Benefit Guaranty Corporation (PBGC), 1200 K Street NW,
Washington, DC 20005 (Records may be kept at an additional location as
backup for continuity of operations.)
SYSTEM MANAGER(S) AND ADDRESS:
Director, Financial Operations Division, PBGC, 1200 K Street NW,
Washington, DC 20005.
Director, Human Resources Department, PBGC, 1200 K Street NW,
Washington, DC 20005.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
29 U.S.C. 1302; 44 U.S.C. 3101; 5 U.S.C. 301; 5 U.S.C. 5501-5584.
PURPOSE(S):
This system of records is maintained to perform agency functions
involving employee, student, and intern leave, attendance, and
payments, including determinations relating to the amounts to be paid
to employees, the distribution of pay according to employee, student,
and intern directions (for allotments to financial institutions, and
for other authorized purposes), tax withholdings and other authorized
deductions, and for statistical purposes.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Current and former PBGC employees, students and interns.
CATEGORIES OF RECORDS IN THE SYSTEM:
Personnel information, such as: Names, addresses, phone numbers,
social security numbers, employee numbers, dates of birth,
notifications of personnel actions; payroll information, such as:
Allotments and requests, marital status and number of dependents,
beneficiary data, child support enforcement order information (which
may include the social security numbers of custodian and minor
children), debts owed to PBGC, debts owed to the federal government,
garnishments, personal bank account information, direct deposit
information, union dues, tax information, other deductions, time and
attendance records; emergency contact information; co-owner and/or
beneficiary of bonds; Thrift Savings Plan information; Flexible
Spending Account information; Long Term Care Insurance; awards;
retirement information; salary data including pay rate, grade, length
of service; health information.
RECORD SOURCE CATEGORIES:
Subject individuals; subject individuals' supervisors; timekeepers;
Department of the Interior, Interior Business Center; and, the Office
of Personnel Management.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSES OF SUCH USES:
Information about covered individuals may be disclosed without
consent as permitted by the Privacy Act of 1974, 5 U.S.C. 522a(b), and:
1. General Routine Uses G1 through G14 apply to this system of
records (see Prefatory Statement of General Routine Uses).
2. A record from this system may be disclosed to the United States
Department of the Interior, the United States Department of Labor,
Social Security Administration, and the United States Department of the
Treasury in order to effect payments to current or former PBGC
employees, students, and interns.
3. Information regarding current payments due or delinquent
repayments owed to PBGC through current and former employees, students,
and interns may be shared with the Department of the Treasury for the
purposes of offset.
4. Information from this system of records may be disclosed to the
Office of Personnel Management pursuant to that agency's responsibility
for the evaluation and oversight of federal personnel management.
5. A record from this system may be disclosed to a consumer
reporting agency in accordance with 31 U.S.C. 3711(e).
POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
Records are maintained manually in paper and/or electronic form
(including computer databases or discs). Records may also be maintained
on back-up tapes, or on a PBGC or a contractor-hosted network.
POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
Records are retrieved by any one or more of the following: Name;
employee number; or social security number.
POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
Records are maintained and destroyed in accordance with the
National Archives and Record Administration's (NARA) Basic Laws and
Authorities (44 U.S.C. 3301, et seq.) or a PBGC records disposition
schedule approved by NARA.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
PBGC has established security and privacy protocols that meet the
required security and privacy standards issued by the National
Institute of Standards and Technology (NIST). Records are maintained in
a secure, password protected electronic system that utilizes security
hardware and software to include multiple firewalls, active intruder
detection, and role-based access controls. PBGC has adopted appropriate
administrative, technical, and physical controls in accordance with
PBGC's security program to protect the confidentiality, integrity, and
availability of the information, and to ensure that records are not
disclosed to or accessed by unauthorized individuals.
Electronic records are stored on computer networks, which may
include cloud-based systems, and protected by controlled access with
Personal Identity Verification (PIV) cards, assigning user accounts to
individuals needing access to the records and by passwords set by
authorized users that must be changed periodically.
RECORD ACCESS PROCEDURES:
Individuals, or third parties with written authorization from the
individual, wishing to request access to their records in accordance
with 29 CFR 4902.4, should submit a written request to the Disclosure
Officer, PBGC, 1200 K Street NW, Washington, DC 20005, providing their
name, address, date of birth, and verification of their identity in
accordance with 29 CFR 4902.3(c).
CONTESTING RECORD PROCEDURES:
Individuals, or third parties with written authorization from the
individual, wishing to amend their records must submit a written
request identifying the information they wish to correct in their file,
in addition to following the requirements of the Record Access
Procedure above.
NOTIFICATION PROCEDURES:
Individuals, or third parties with written authorization from the
individual, wishing to learn whether this system of records contains
information about them should submit a written request to the
Disclosure Officer,
[[Page 6256]]
PBGC, 1200 K Street NW, Washington, DC 20005, providing their name,
address, date of birth, and verification of their identity in
accordance with 29 CFR 4902.3(c).
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
None.
HISTORY:
PBGC-3, Employee Payroll, Leave, and Attendance Records (last
published at 81 FR 63301 (September 14, 2016)).
SYSTEM NAME AND NUMBER
PBGC-6: Plan Participant and Beneficiary Data--PBGC.
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
Pension Benefit Guaranty Corporation (PBGC), 1200 K Street NW,
Washington, DC 20005, and/or PBGC Field Offices (Field Benefit
Administration), plan administrator worksites, and paying agent
worksites. (Records may be kept at an additional location as backup for
continuity of operations.)
SYSTEM MANAGER(S) AND ADDRESS:
Chief of Benefits Administration, Office of Benefits
Administration, PBGC, 1200 K Street NW, Washington, DC 20005.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
29 U.S.C. 1055, 1056(d)(3), 1302, 1321, 1341, 1342, and 1350; 26
U.S.C. 6103; 44 U.S.C. 3101; 5 U.S.C. 301.
PURPOSE(S) OF THE SYSTEM:
This system of records is maintained for use in determining whether
participants, alternate payees, beneficiaries, spouses and domestic
partners are eligible for benefits under plans covered by ERISA,
determining supplemental payments to be paid to those persons by a
party other than PBGC, determining the amounts of benefits to be paid,
making benefit payments, collecting benefit overpayments, and complying
with statutory and regulatory mandates.
Names, addresses, and telephone numbers are used to survey
customers to measure their satisfaction with PBGC's benefit payment
services and to track (for follow-up) those who do not respond to
surveys.
Information from this system may be used for research into, and
statistical information about, benefit determinations for actuaries and
publications.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Participants, alternate payees, beneficiaries, spouses and domestic
partners in terminated and non-terminated retirement plans covered by
the Employee Retirement Income Security Act (ERISA), and other
individuals who contact PBGC regarding benefits they may be owed from
PBGC.
CATEGORIES OF RECORDS IN THE SYSTEM:
Names; addresses; telephone numbers; email addresses; gender;
social security numbers and other Social Security Administration
information; dates of birth and death; dates of hire, termination, and
retirement; salary; employment history; marital status; domestic
relations orders; time of plan participation; eligibility status; pay
status; benefit data, including records of benefit payments made to
participants, alternate payees, and beneficiaries in terminating and
terminated retirement plans; powers of attorney; insurance information
where plan benefits are provided by private insurers; medical records;
disability information; retirement plan names and numbers;
correspondence; initial and final PBGC determinations (see, 29 CFR
4003.21 and 4003.59); and, other records relating to debts owed to
PBGC.
RECORD SOURCE CATEGORIES:
Plan administrators; participants, spouses, alternate payees,
beneficiaries, and other individuals who contact PBGC regarding
benefits they may be owed from PBGC; agents listed on power of
attorneys; agents listed on release forms, PBGC field office; the SSA;
the FAA; and the IRS.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSES OF SUCH USES:
Information about covered individuals may be disclosed without
consent as permitted by the Privacy Act of 1974, 5 U.S.C. 522a(b), and:
1. General Routine Uses G1, G2, G4 through G7, G9 through and G14
apply to this system of records (see Prefatory Statement of General
Routine Uses).
2. A record from this system of records may be disclosed to third
parties, such as banks, insurance companies, or trustees:
a. To enable these third parties to make or determine benefit
payments, or
b. To report to the Internal Revenue Service (IRS) the amounts of
benefits paid (or required to be paid) and taxes withheld.
3. A record from this system may be disclosed, in furtherance of
proceedings under Title IV of ERISA, to a contributing sponsor (or
other employer who maintained the plan), including any predecessor or
successor, and any member of the same control group.
4. A record from this system may be disclosed, upon request, for a
purpose authorized under ERISA, to an official of a labor organization
recognized as the current or former collective bargaining
representative of the individual about whom a request is made.
5. Payees' names, addresses, telephone numbers, and information
related to how PBGC determined that a debt was owed by such payees to
PBGC may be disclosed to the Department of the Treasury or a debt
collection agency or to collect a claim. Disclosure to a debt
collection agency shall be made only under a contract issued by the
federal government that binds any such contractor or employee of such
contractor to the penalties of the Privacy Act. The information so
disclosed shall be used exclusively pursuant to the terms and
conditions of such contract and shall be used solely for the purposes
prescribed therein. The contract shall provide that the information so
disclosed shall be returned at the conclusion of the debt collection
effort.
6. The name and social security number of a participant employed or
formerly employed as a pilot by a commercial airline may be disclosed
to the Federal Aviation Administration to obtain information relevant
to the participant's eligibility or continued eligibility for
disability benefits.
7. The name of a participant's plan, the actual or estimated amount
of a participant's benefit under ERISA, the form(s) in which the
benefit is payable, and whether the participant is currently receiving
benefit payments under the plan or (if not) the earliest date(s) such
payments could commence may be disclosed to the participant's spouse,
domestic partner, former spouse, former domestic partner, child, or
other dependent solely to obtain a qualified domestic relations order
under 29 U.S.C. 1056(d) and 26 U.S.C. 414(p). PBGC will disclose the
information only upon the receipt of a written request by a prospective
alternate payee, or the alternate payee's representative, that
describes the requester's relationship to the participant and states
that the information will be used solely to obtain a qualified domestic
relations order under state domestic relations law. PBGC will notify
the participant of any information disclosed to a prospective alternate
payee or their representative under this routine use.
[[Page 6257]]
8. Information from an initial benefit determination under 29 CFR
4003 (excluding the participant's address, telephone number, social
security number, and any sensitive medical information) may be
disclosed to an alternate payee, or their representative, under a
qualified domestic relations order issued pursuant to 29 U.S.C. 1056(d)
and 26 U.S.C. 414, et seq., to explain how PBGC determined the benefit
due the alternate payee so that the alternate payee can pursue an
administrative appeal of the benefit determination under 29 CFR 4003,
et seq. PBGC shall notify the participant of the information disclosed
to an alternate payee or their representative under this routine use.
9. Information from an alternate payee's initial benefit
determination under 29 CFR 4003.1 (excluding the alternate payee's
address, telephone number, social security number, and any sensitive
medical information) may be disclosed to a participant, or their
representative, under a qualified domestic relations order issued
pursuant to 29 U.S.C. 1056(d) and 26 U.S.C. 414(p) to explain how PBGC
determined the benefit due to the alternate payee so that the
participant may pursue an administrative appeal of the benefit
determination under 29 CFR 4003, et seq. PBGC shall notify the
alternate payee of the information disclosed to a participant or their
representative under this routine use.
10. Information used in calculating the benefit, or share of the
benefit, of a participant or alternate payee (excluding the
participant's or alternate payee's address, telephone number, social
security number, and any sensitive medical information) may be
disclosed to a participant or an alternate payee, or their
representative, when (a) a qualified domestic relations order issued
pursuant to 29 U.S.C. and 26 U.S.C. affects the calculation of the
benefit, or share of the benefit, of the participant or alternate
payee; and (b) the information is needed to explain to the participant
or alternate payee how PBGC calculated the benefit, or share of the
benefit, of the participant or alternate payee. PBGC shall notify the
participant or the alternate payee, or their representative, as
appropriate, of the information disclosed to the participant or the
alternate payee, or their representative, under this routine use.
11. The names, addresses, social security numbers, dates of birth,
and the pension plan name and number of eligible PBGC pension
recipients may be disclosed to the Department of the Treasury and the
Department of Labor to implement the income tax credit for health
insurance costs under 26 U.S.C. 35 and the program for advance payment
of the tax credit under 26 U.S.C. 7527.
12. Names, addresses, social security numbers, and dates of birth
of eligible PBGC pension recipients residing in a particular state may
be disclosed to the state's workforce agency if the agency received a
National Dislocated Worker Grant from the Department of Labor under the
Workforce Innovation and Opportunity Act of 2014 to provide assistance
and support services for state residents under 29 U.S.C. ch. 32.
13. Payees' names, social security numbers, and dates of birth may
be provided to the Department of the Treasury's Bureau of the Fiscal
Service, the Social Security Administration, the Internal Revenue
Service, or a third party with whom PBGC has a contractual
relationship, to verify payees' eligibility to receive payments.
14. Names and social security numbers of participants and
beneficiaries may be provided to the Department of the Treasury, the
Department of the Treasury's financial agent, and the Federal Reserve
Bank for the purpose of learning which of PBGC's check payees have
electronic debit card accounts used for the electronic deposit of
federal benefit payments, for establishing electronic debit card
accounts for eligible participants and beneficiaries, and for
administering payments to participants and beneficiaries who have
selected this method of payment.
15. Information relating to revocation of a power of attorney may
be disclosed to the former agent that was named in the revoked power of
attorney.
16. With the exception of third party social security numbers, all
beneficiary information contained in the participant file (such as:
Names, addresses, phone numbers, email addresses and dates of birth)
provided by the subject of the record may be disclosed to the subject
of the record, upon written request to the Disclosure Officer in
accordance with the Record Access Procedure outlined below.
17. Names, social security numbers, last known addresses, dates of
birth and death, amount of benefit, plan name, plan EIN/PIN number,
name of plan sponsor, and the city and state of the plan sponsor of
plan participants and beneficiaries may be disclosed to third parties,
with whom PBGC has a contractual relationship, that provide locator
services (including credit reporting agencies and debt collection firms
or agencies) to locate participants and beneficiaries. Such information
will be disclosed only if PBGC has no address for an individual, if
mail sent to the individual at the last known address is returned as
undeliverable, or if PBGC has been otherwise unsuccessful at contacting
the individual. Disclosure shall be made only under a contract that
subjects the firm or agency providing the service and its employees to
the criminal penalties of the Privacy Act. The information so disclosed
shall be used exclusively pursuant to the terms and conditions of such
contract and shall be used solely for the purposes prescribed therein.
The contract shall provide that the information so disclosed shall be
returned or destroyed at the conclusion of the locating effort.
18. Names, social security numbers, last known addresses, dates of
birth and death, employment history, and pay status of individuals
covered by legal settlement agreements involving PBGC may be disclosed
to entities covered by or created under those agreements.
19. A record from this system may be disclosed to a consumer
reporting agency in accordance with 31 U.S.C. 3711(e).
POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
Records are maintained manually in paper and/or electronic form
(including computer databases or discs). Records may also be maintained
on back-up tapes, or on a PBGC or a contractor-hosted network.
POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
Records are retrieved by any one or more of the following: Name;
social security number; customer identification number; address; date
of birth; or, date of death.
POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
Records are maintained and destroyed in accordance with the
National Archives and Record Administration's (NARA) Basic Laws and
Authorities (44 U.S.C. 3301, et seq.) or a PBGC records disposition
schedule approved by NARA.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
PBGC has established security and privacy protocols that meet the
required security and privacy standards issued by the National
Institute of Standards and Technology (NIST). Records are maintained in
a secure, password protected electronic system that utilizes security
hardware and software to include multiple firewalls, active intruder
detection, and role-based access controls. PBGC has adopted appropriate
administrative, technical,
[[Page 6258]]
and physical controls in accordance with PBGC's security program to
protect the confidentiality, integrity, and availability of the
information, and to ensure that records are not disclosed to or
accessed by unauthorized individuals.
Electronic records are stored on computer networks, which may
include cloud-based systems, and protected by controlled access with
Personal Identity Verification (PIV) cards, assigning user accounts to
individuals needing access to the records and by passwords set by
authorized users that must be changed periodically.
Paper and electronic records that contain federal tax information
are stored under procedures that meet IRS safeguarding standards, as
reflected in IRS Publication 1075. Other records that do not contain
federal tax information are kept in file folders in areas of restricted
access that are locked after office hours.
RECORD ACCESS PROCEDURES:
Individuals, or third parties with written authorization from the
individual, wishing to request access to their records in accordance
with 29 CFR 4902.4 or to amend records pertaining to themselves in
accordance with 29 CFR 4902.5, should submit a written request to the
Disclosure Officer, PBGC, 1200 K Street NW, Washington, DC 20005,
providing their name, address, date of birth, and verification of their
identity in accordance with 29 CFR 4902.3(c).
CONTESTING RECORD PROCEDURES:
Individuals, or third parties with written authorization from the
individual, wishing to amend their records must submit a written
request identifying the information they wish to correct in their file,
in addition to following the requirements of the Record Access
Procedure above.
NOTIFICATION PROCEDURES:
Individuals, or third parties with written authorization from the
individual, wishing to learn whether this system of records contains
information about them should submit a written request to the
Disclosure Officer, PBGC, 1200 K Street NW, Washington, DC 20005,
providing their name, address, date of birth, and verification of their
identity in accordance with 29 CFR 4902.3(c).
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
None.
HISTORY:
PBGC-6, Plan Participant and Beneficiary Data (last published at 81
FR 63303 (September 14, 2016)).
SYSTEM NAME AND NUMBER
PBGC-8: Employee Relations Files--PBGC
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
Pension Benefit Guaranty Corporation (PBGC), 1200 K Street NW,
Washington, DC 20005 (Records may be kept at an additional location as
backup for continuity of operations.)
SYSTEM MANAGER(S) AND ADDRESS:
Director, Human Resources Department, PBGC, 1200 K Street NW,
Washington, DC 20005.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
29 U.S.C. 1302; 44 U.S.C. 3101; 5 U.S.C. 301; 5 U.S.C. 7101; 42
U.S.C. 2000e et seq.
PURPOSE(S) OF THE SYSTEM:
The purpose of this system is to catalog, investigate, and
appropriately and timely respond to administrative and union grievances
and appeals filed by PBGC employees or the Union on behalf of an
employee pursuant to PBGC's Administrative Grievance Procedure and the
Collective Bargaining Agreement.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Current and former PBGC employees who have initiated grievances
under an administrative grievance procedure or under an applicable
collective bargaining agreement.
CATEGORIES OF RECORDS IN THE SYSTEM:
Administrative and union grievances submitted by PBGC employees or
the Union; agency responses to employees and Union grievances;
employees' appeals of responses to grievances; agency responses to such
appeals and related correspondence; investigative notes; records of
proceedings; appeal decisions; last chance, last rights, and settlement
agreements, and related information.
RECORD SOURCE CATEGORIES:
Subject individuals; subject individuals' supervisors, managers,
representatives or colleagues; PBGC Office of the General Counsel; PBGC
Human Resources Department staff; Department of Labor; Office of
Personnel Management; United States Office of Special Counsel; Federal
Labor Relations Authority; the Equal Employment Opportunity Commission;
the Merit Systems Protection Board; and, other individuals with
relevant information.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSES OF SUCH USES:
Information about covered individuals may be disclosed without
consent as permitted by the Privacy Act of 1974, 5 U.S.C. 522a(b), and:
1. General Routine Uses G1 through G11, G13, and G14 apply to this
system of records (see Prefatory Statement of General Routine Uses).
2. A record from this system of records may be disclosed to the
Office of Personnel Management, the Merit Systems Protection Board, the
Federal Labor Relations Authority, Office of Special Counsel, or the
Equal Employment Opportunity Commission to carry out their authorized
functions (under 5 U.S.C. 1103, 1204, 7105, and 42 U.S.C. 2000e-4, in
that order).
3. A record from this system may be disclosed to a union
representative, Hearing Examiner or Arbitrator for the purpose of
representation or in order to conduct a hearing in connection with an
employee's grievance or appeal.
POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
Records are maintained manually in paper and/or electronic form
(including computer databases or discs). Records may also be maintained
on back-up tapes, or on a PBGC or a contractor-hosted network.
POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
Records are retrieved by employee name or social security number.
RETENTION AND DISPOSAL:
Records are maintained and destroyed in accordance with the
National Archives and Record Administration's (NARA) Basic Laws and
Authorities (44 U.S.C. 3301, et seq.) or a PBGC records disposition
schedule approved by NARA.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
PBGC has established security and privacy protocols that meet the
required security and privacy standards issued by the National
Institute of Standards and Technology (NIST). Records are maintained in
a secure, password protected electronic system that utilizes security
hardware and software to include multiple firewalls, active intruder
detection, and role-based access controls. PBGC has adopted appropriate
administrative, technical, and physical controls in accordance with
PBGC's security program to protect the confidentiality, integrity, and
availability of the information, and to ensure that records are not
disclosed to
[[Page 6259]]
or accessed by unauthorized individuals.
Electronic records are stored on computer networks, which may
include cloud-based systems, and protected by controlled access with
Personal Identity Verification (PIV) cards, assigning user accounts to
individuals needing access to the records and by passwords set by
authorized users that must be changed periodically.
RECORD ACCESS PROCEDURES:
Individuals, or third parties with written authorization from the
individual, wishing to request access to their records in accordance
with 29 CFR 4902.4, should submit a written request to the Disclosure
Officer, PBGC, 1200 K Street NW, Washington, DC 20005, providing their
name, address, date of birth, and verification of their identity in
accordance with 29 CFR 4902.3(c).
CONTESTING RECORD PROCEDURES:
Individuals, or third parties with written authorization from the
individual, wishing to amend their records must submit a written
request identifying the information they wish to correct in their file,
following the requirements of Record Access Procedure above.
NOTIFICATION PROCEDURES:
Individuals, or third parties with written authorization from the
individual, wishing to learn whether this system of records contains
information about them should submit a written request to the
Disclosure Officer, PBGC, 1200 K Street NW, Washington, DC 20005,
providing their name, address, date of birth, and verification of their
identity in accordance with 29 CFR 4902.3(c).
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
Pursuant to 5 U.S.C. 552a(k)(2), records in this system are exempt
from the requirements of subsections (c)(3), (d), (e)(1), (e)(4)(G),
(H), (I), and of 5 U.S.C. 552a, provided, however, that if any
individual is denied any right, privilege, or benefit that he or she
would otherwise be entitled to by federal law, or for which he or she
would otherwise be eligible, as a result of the maintenance of these
records, such material shall be provided to the individual, except to
the extent that the disclosure of the material would reveal the
identity of a source who furnished information to the Government with
an express promise that the identity of the source would be held in
confidence.
HISTORY:
PBGC-8, Employee Relations Files (last published at 81 FR 63305
(September 14, 2016)).
SYSTEM NAME AND NUMBER
PBGC-9: Unclaimed Pensions--PBGC.
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
Pension Benefit Guaranty Corporation (PBGC), 1200 K Street NW,
Washington, DC 20005 and/or PBGC Field Offices (Field Benefit
Administration), and paying agent worksites. (Records may be kept at an
additional location as backup for continuity of operations.)
SYSTEM MANAGER(S) AND ADDRESS:
Director--Participant Services Department, Office of Benefits
Administration, PBGC, 1200 K Street NW, Washington, DC 20005.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
29 U.S.C. 1055, 1056(d)(3), 1302, 1321, 1322, 1322a, 1341, 1342,
and 1350; 29 U.S.C. 1203; 44 U.S.C. 3101; 5 U.S.C. 301.
PURPOSE(S) OF THE SYSTEM:
This system of records is maintained to locate participants,
alternate payees, and beneficiaries of defined benefit and defined
contribution plan funds who may be owed benefits as the result of a
terminated plan or defined contribution plan whose funds are held under
the control or authority of the PBGC, and to provide information on
insurance companies to individuals who may have had annuities purchased
for them by a terminated plan.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Participants, alternate payees, and beneficiaries in defined
benefit plans, and defined contribution plans covered by the Employee
Retirement Income Security Act of 1974 (ERISA).
CATEGORIES OF RECORDS IN THE SYSTEM:
Names; dates of birth and death; social security numbers;
addresses; email addresses; telephone numbers; names of plan sponsor;
names of defined benefit and defined contribution plans; plan numbers
for defined benefit and defined contribution plans; employment history;
pay status; amount of benefit owed; last known address of the plan
sponsor and plan sponsor EIN/PN.
RECORD SOURCE CATEGORIES:
PBGC-6; the SSA; the IRS; labor organization officials; firms or
agencies providing locator services; USPS licensees; and, PBGC Field
Offices (Field Benefit Administration) and any other individual that
provides PBGC with information regarding a missing participant,
beneficiary, or alternate payee.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSES OF SUCH USES:
Information about covered individuals may be disclosed without
consent as permitted by the Privacy Act of 1974, 5 U.S.C. 522a(b), and:
1. General Routine Uses G1, G4 through G7, G9 through G11, G13 and
G14 apply to this system of records (see Prefatory Statement of General
Routine Uses).
2. Names and social security numbers of plan participants,
beneficiaries, and alternate payees may be disclosed to the Internal
Revenue Service (IRS) to obtain current addresses from tax return
information and to the Social Security Administration (SSA) to obtain
current addresses. Such information will be disclosed only if PBGC has
no address for an individual or if mail sent to the individual at the
last known address is returned as undeliverable.
3. Names and last known addresses may be disclosed to an official
of a labor organization recognized as the collective bargaining
representative of participants for posting in union halls or for other
means of publication to obtain current addresses of participants and
beneficiaries. Such information will be disclosed only if PBGC has no
address for an individual or if mail sent to the individual at the last
known address is returned as undeliverable.
4. Names, social security numbers, last known addresses, dates of
birth and death, amount of benefit, retirement plan name, plan EIN/PN
number, name of plan sponsor, and the city and state of the plan
sponsor may be disclosed to private firms and agencies that provide
locator services, including credit reporting agencies and debt
collection firms or agencies, to locate participants, beneficiaries,
and alternate payees. Such information will be disclosed only if PBGC
has no address for an individual, if mail sent to the individual at the
last known address is returned as undeliverable or if PBGC has been
otherwise unsuccessful at contacting the individual. Disclosure shall
be made only under a contract that subjects the firm or agency
providing the service and its employees and contractors to the criminal
penalties of the Privacy Act. The information so disclosed shall be
used exclusively pursuant to the terms and conditions of such contract
and
[[Page 6260]]
shall be used solely for the purposes prescribed therein. The contract
shall provide that the information so disclosed shall be returned or
destroyed at the conclusion of the locating effort.
5. Names and addresses may be disclosed to licensees of the United
States Postal Service (USPS) to obtain current addresses under the
USPS's National Change of Address Linkage System (NCOA). Disclosure
shall be made only under a contract that binds the licensee of the
Postal Service and its employees to the criminal penalties of the
Privacy Act. The contract shall provide that the records disclosed by
PBGC shall be used exclusively for updating addresses under NCOA and
must be returned to PBGC or destroyed when the process is completed.
The records will be exchanged electronically in an encrypted format.
6. Names and last known addresses may be disclosed to other
participants in, and beneficiaries under, a retirement plan to obtain
the current addresses of individuals. Such information will be
disclosed only if PBGC has no address for an individual or if mail sent
to the individual at the last known address is returned as
undeliverable.
7. Names of participants and beneficiaries, names and addresses of
participants' former employers, and the plan name may be disclosed to
the public to obtain the current addresses for participants,
beneficiaries, and alternate payees. Such information will be disclosed
to the public when PBGC is unable to make benefit payments to those
participants, beneficiaries, and alternate payees because the address
on file is unable to be confirmed as current or correct.
8. Names, social security numbers, last known addresses, dates of
birth and death, employment history, and pay status of individuals
covered by legal settlement agreements involving PBGC may be disclosed
to entities covered by or created under those agreements.
9. Names, social security numbers, last known addresses, dates of
birth, and benefit amounts owed may be disclosed to other government
agencies under a Memorandum of Understanding or an Interagency
Agreement in order to locate missing participants.
10. Names, social security numbers, dates of birth and death, name
of plan sponsors, plan sponsor EIN/PN may be periodically disclosed to
insurance companies where annuities have been purchased by a terminated
plan.
POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
Records are maintained manually in paper and/or electronic form
(including computer databases or discs). Records may also be maintained
on back-up tapes, or on a PBGC or a contractor-hosted network.
POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
Records are retrieved by employee name, social security number and/
or date of birth.
POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
Records are maintained and destroyed in accordance with the
National Archives and Record Administration's (NARA) Basic Laws and
Authorities (44 U.S.C. 3301, et seq.) or a PBGC records disposition
schedule approved by NARA.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
PBGC has established security and privacy protocols that meet the
required security and privacy standards issued by the National
Institute of Standards and Technology (NIST). Records are maintained in
a secure, password protected electronic system that utilizes security
hardware and software to include multiple firewalls, active intruder
detection, and role-based access controls. PBGC has adopted appropriate
administrative, technical, and physical controls in accordance with
PBGC's security program to protect the confidentiality, integrity, and
availability of the information, and to ensure that records are not
disclosed to or accessed by unauthorized individuals.
Electronic records are stored on computer networks, which may
include cloud-based systems, and protected by controlled access with
Personal Identity Verification (PIV) cards, assigning user accounts to
individuals needing access to the records and by passwords set by
authorized users that must be changed periodically.
RECORD ACCESS PROCEDURES:
Individuals, or third parties with written authorization from the
individual, wishing to request access to their records in accordance
with 29 CFR 4902.4, should submit a written request to the Disclosure
Officer, PBGC, 1200 K Street NW, Washington, DC 20005, providing their
name, address, date of birth, and verification of their identity in
accordance with 29 CFR 4902.3(c).
CONTESTING RECORD PROCEDURES:
Individuals, or third parties with written authorization from the
individual, wishing to amend their records must submit a written
request identifying the information they wish to correct in their file,
in addition to following the requirements of the Record Access
Procedure above.
NOTIFICATION PROCEDURES:
Individuals, or third parties with written authorization from the
individual, wishing to learn whether this system of records contains
information about them should submit a written request to the
Disclosure Officer, PBGC, 1200 K Street NW, Washington, DC 20005,
providing their name, address, date of birth, and verification of their
identity in accordance with 29 CFR 4902.3(c).
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
None.
HISTORY:
PBGC-9, Unclaimed Pensions (amended to Unclaimed Retirement Funds)
(last published at 81 FR 63306 (September 14, 2016)).
SYSTEM NAME AND NUMBER
PBGC-10: Administrative Appeals Files--PBGC.
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
Pension Benefit Guaranty Corporation (PBGC), 1200 K Street NW,
Washington, DC 20005. (Records may be kept at an additional location as
backup for continuity of operations.)
SYSTEM MANAGER(S) AND ADDRESS:
Manager of the Appeals Division, Office of the General Counsel,
PBGC, 1200 K Street NW, Washington, DC 20005.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
29 U.S.C. 1302; 44 U.S.C. 3101; 5 U.S.C. 301; 29 U.S.C. ch. 18; 29
CFR 4003.1; 29 CFR 4003.
PURPOSE(S) OF THE SYSTEM:
The purpose of this system is to catalog, review, and respond to
administrative appeals by plan participants, beneficiaries and
employers of PBGC determinations (such as plan, benefit, qualified
domestic relations order, payment, and liability determinations).
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Individuals who file administrative appeals with PBGC' s Appeals
Board.
CATEGORIES OF RECORDS IN THE SYSTEM:
Personal information (such as names, addresses, social security
numbers, gender, dates of birth, dates of hire and termination, salary,
marital status,
[[Page 6261]]
marriage certificates, birth certificates, domestic relations orders,
medical records); employment and pension plan information (such as the
name of the pension plan, plan number, dates of commencement of plan
participation or employment, statements regarding employment, dates of
termination of plan participation or retirement, benefit payment data,
benefit election forms and data on beneficiaries, pay status,
calculations of benefit amounts, calculations of amounts subject to
recoupment and/or recovery, and worker's compensation awards); Social
Security Administration (SSA) information; insurance claims and awards;
correspondence; and, other information relating to appeals and initial
and final PBGC determinations.
RECORD SOURCE CATEGORIES:
Subject individuals; participants, beneficiaries, or alternate
payees; plan administrators, plan actuaries, paying agents, purchased
annuity providers, contributing sponsors (or other employer who
maintained the plan, which may include any predecessor, successor, or
member of the same control group); the labor organization recognized as
the collective bargaining representative of a participant; SSA; and,
any third party affected by the decision.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSES OF SUCH USES:
Information about covered individuals may be disclosed without
consent as permitted by the Privacy Act of 1974, 5 U.S.C. 522a(b), and:
1. General Routine Uses G1 and G4 through G14 apply to this system
of records (see Prefatory Statement of General Routine Uses).
2. A record from this system may be disclosed to third parties who
may be aggrieved by the decision of the Appeals Board under 29 CFR
4003.57.
3. A record from this system may be disclosed, upon request, to an
attorney representative or a non-attorney representative who has a
power of attorney for the subject individuals, under 29 CFR 4003.6.
4. A record from this system may be disclosed to third parties,
such as banks, insurance companies, and trustees, to effectuate benefit
payments to plan participants, beneficiaries, and/or alternate payees.
5. A record from this system may be disclosed to third parties,
such as contractors and expert witnesses, to obtain expert analysis of
an issue necessary to resolve an appeal.
6. A record from this system, specifically, the name and social
security number of a participant, may be disclosed to an official of a
labor organization recognized as the collective bargaining
representative of the participant to obtain information relevant to the
resolution of an appeal.
7. A record from this system may be disclosed to a consumer
reporting agency in accordance with 31 U.S.C. 3711(e).
POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
Records are maintained manually in paper and/or electronic form
(including computer databases or discs). Records may also be maintained
on back-up tapes, or on a PBGC or a contractor-hosted network.
POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
Records are retrieved by any one or more of the following:
participant, beneficiary, and/or alternate payee's name, social
security number, or PBGC customer identification number; plan name;
appeal number; or extension request number.
Electronic records are stored on computer networks, which may
include cloud-based systems, and protected by controlled access with
Personal Identity Verification (PIV) cards, assigning user accounts to
individuals needing access to the records and by passwords set by
authorized users that must be changed periodically.
POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
Records are maintained and destroyed in accordance with the
National Archives and Record Administration's (NARA) Basic Laws and
Authorities (44 U.S.C. 3301, et seq.) or a PBGC records disposition
schedule approved by NARA.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
PBGC has established security and privacy protocols that meet the
required security and privacy standards issued by the National
Institute of Standards and Technology (NIST). Records are maintained in
a secure, password protected electronic system that utilizes security
hardware and software to include multiple firewalls, active intruder
detection, and role-based access controls. PBGC has adopted appropriate
administrative, technical, and physical controls in accordance with
PBGC's security program to protect the confidentiality, integrity, and
availability of the information, and to ensure that records are not
disclosed to or accessed by unauthorized individuals.
RECORD ACCESS PROCEDURES:
Individuals, or third parties with written authorization from the
individual, wishing to request access to their records in accordance
with 29 CFR 4902.4, should submit a written request to the Disclosure
Officer, PBGC, 1200 K Street NW, Washington, DC 20005, providing their
name, address, date of birth, and verification of their identity in
accordance with 29 CFR 4902.3(c).
CONTESTING RECORD PROCEDURES:
Individuals, or third parties with written authorization from the
individual, wishing to amend their records must submit a written
request identifying the information they wish to correct in their file,
in addition to following the requirements of the Record Access
Procedure above.
NOTIFICATION PROCEDURES:
Individuals, or third parties with written authorization from the
individual, wishing to learn whether this system of records contains
information about them should submit a written request to the
Disclosure Officer, PBGC, 1200 K Street NW, Washington, DC 20005,
providing their name, address, date of birth, and verification of their
identity in accordance with 29 CFR 4902.3(c).
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
None.
HISTORY:
PBGC-10, Administrative Appeals File (last published at 81 FR 63307
(September 14, 2016)).
SYSTEM NAME AND NUMBER
PBGC-11: Call Detail Records--PBGC.
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
Pension Benefit Guaranty Corporation (PBGC), 1200 K Street NW,
Washington, DC 20005. (Records may be kept at an additional location as
backup for continuity of operations.)
SYSTEM MANAGER(S) AND ADDRESS:
Chief Information Officer, Office of Information Technology, PBGC,
1200 K Street NW, Washington, DC 20005.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
29 U.S.C. 1302; 44 U.S.C. 3101; 5 U.S.C. 301.
PURPOSE(S) OF THE SYSTEM:
This system of records is used for Office of the Inspector General
investigations and other special investigation requests.
[[Page 6262]]
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
PBGC employees, contractors, students and interns.
CATEGORIES OF RECORDS IN THE SYSTEM:
Records relating to the use of PBGC telephones and PBGC-issued
portable electronic devices to place calls outside of PBGC and receive
calls from outside of PBGC, and records indicating the assignment of
telephone extension numbers and PBGC-issued portable electronic devices
to PBGC employees.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSES OF SUCH USES:
Information about covered individuals may be disclosed without
consent as permitted by the Privacy Act of 1974, 5 U.S.C. 522a(b), and:
1. General Routine Uses G1, G3, G4, G5, and G7 through G14 apply to
this system of records (see Prefatory Statement of General Routine
Uses).
POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
Records are maintained manually in paper and/or electronic form
(including computer databases or discs). Records may also be maintained
on back-up tapes, or on a PBGC or a contractor-hosted network.
POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
Records are retrieved by any one or more of the following: name of
employee or contractor; telephone extension number; PBGC-issued
portable electronic device number; or telephone number called.
POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
Records are maintained and destroyed in accordance with the
National Archives and Record Administration's (NARA) Basic Laws and
Authorities (44 U.S.C. 3301, et seq.) or a PBGC records disposition
schedule approved by NARA.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
PBGC has established security and privacy protocols that meet the
required security and privacy standards issued by the National
Institute of Standards and Technology (NIST). Records are maintained in
a secure, password protected electronic system that utilizes security
hardware and software to include multiple firewalls, active intruder
detection, and role-based access controls. PBGC has adopted appropriate
administrative, technical, and physical controls in accordance with
PBGC's security program to protect the confidentiality, integrity, and
availability of the information, and to ensure that records are not
disclosed to or accessed by unauthorized individuals.
Electronic records are stored on computer networks, which may
include cloud-based systems, and protected by controlled access with
Personal Identity Verification (PIV) cards, assigning user accounts to
individuals needing access to the records and by passwords set by
authorized users that must be changed periodically.
RECORD ACCESS PROCEDURES:
Individuals, or third parties with written authorization from the
individual, wishing to request access to their records in accordance
with 29 CFR 4902.4, should submit a written request to the Disclosure
Officer, PBGC, 1200 K Street NW, Washington, DC 20005, providing their
name, address, date of birth, and verification of their identity in
accordance with 29 CFR 4902.3(c).
CONTESTING RECORD PROCEDURES:
Individuals, or third parties with written authorization from the
individual, wishing to amend their records must submit a written
request identifying the information they wish to correct in their file,
in addition to following the requirements of the Record Access
Procedure above.
NOTIFICATION PROCEDURES:
Individuals, or third parties with written authorization from the
individual, wishing to learn whether this system of records contains
information about them should submit a written request to the
Disclosure Officer, PBGC, 1200 K Street NW, Washington, DC 20005,
providing their name, address, date of birth, and verification of their
identity in accordance with 29 CFR 4902.3(c).
RECORD SOURCE CATEGORIES:
Telephone and PBGC-issued portable electronic device assignment
records.
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
None.
HISTORY:
PBGC-11, Call Detail Records (last published at 81 FR 63308
(September 14, 2016)).
SYSTEM NAME AND NUMBER
PBGC-12: Personnel Security Investigation Records--PBGC.
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
Pension Benefit Guaranty Corporation (PBGC), 1200 K Street NW,
Washington, DC 20005 (Records may be kept at an additional location as
backup for continuity of operations.)
SYSTEM MANAGER(S) AND ADDRESS:
Director, Human Resources Department, PBGC, 1200 K Street NW,
Washington, DC 20005.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
29 U.S.C. 1302; 5 U.S.C. 3301; 44 U.S.C. 3101; Executive Order
10450; Executive Order 10577; Executive Order 12968; Executive Order
13467; Executive Order 13488; 5 CFR 5.2; 5 CFR 731, 732 and 736; 5 CFR
1400; OMB Circular No. A-130 Revised, Appendix III, 61 FR 6428; Federal
Information Processing Standard 201; Homeland Security Presidential
Directive 12.
PURPOSE(S) OF THE SYSTEM:
The records in this system of records are used to document and
support decisions as to the suitability, eligibility, and fitness for
service of applicants for federal employment and contract positions,
and may include students, interns, or vendors to the extent their
duties require access to federal facilities, information, information
systems, or applications.
The records may also be used to help streamline and make the
background suitability investigations and adjudications processes more
efficient.
The records additionally may be used to document security
violations and supervisory actions taken in response to such
violations.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Current and former applicants, employees, students, interns,
government contractors, experts, instructors, vendors, and consultants
to federal programs who undergo a personnel background investigation to
determining suitability for employment, contractor employee fitness,
credentialing for Homeland Security Presidential Directive 12, and/or
access to PBGG facilities or information technology system. Individuals
who have corresponded with PBGC regarding personnel security
investigations. This system also includes individuals accused of or
found in violation of PBGC's security rules and regulations.
CATEGORIES OF RECORDS IN THE SYSTEM:
Name; former names; date and place of birth; home address; email
address; phone numbers; employment history; residential history;
education and
[[Page 6263]]
degrees citizenship; passport information; name, date and place of
birth, social security number, and citizenship information for spouse
or cohabitant; the name and marriage information for current and former
spouse(s) or domestic partner, names of associates and references and
their contact information; names, dates and places of birth,
citizenship, and addresses of relatives; names of relatives who work
for the federal government; information on foreign contacts and
activities; association records; information on loyalty to the United
States; criminal history; mental health history; drug use; financial
information; photographs; personal identity verification (PIV) card
information; information from the Internal Revenue Service (IRS)
pertaining to income tax returns; credit reports; information
pertaining to security clearances; other agency reports furnished to
PBGC in connection with the background investigation process; summaries
of personal and third party interviews conducted during the background
investigation; results of suitability decisions; and additional records
developed from above.
Records pertaining to security violations may contain information
pertaining to circumstances of the violation; witness statements;
investigator's notes; and documentation of agency action taken in
response to security violations.
RECORD SOURCE CATEGORIES:
Applications and other personnel and security forms, including, but
not limited to, SF-85, SF-85P, SF-86, SF-87; information from personal
interviews with the applicant and various individuals, such as former
employers, references, neighbors, and other associates who may have
information about the subject of the investigation; investigative
records and notices of personnel actions furnished by other federal
agencies; public records such as court filings; publications such as
newspapers, magazines, and periodicals; tax records; educational
institutions; police departments; credit bureaus; probation officials;
prison officials; and, medical professionals.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSES OF SUCH USES:
Information about covered individuals may be disclosed without
consent as permitted by the Privacy Act of 1974, 5 U.S.C. 522a(b), and:
1. General Routine Uses G1 through G14 apply to this system of
records (see Prefatory Statement of General Routine Uses).
2. A record, from which information is requested during an
investigation from this system, may be disclosed to an authorized
source (i.e., someone who has the legal authority to request such
information, such as an investigator from the Office of Personnel
Management National Background Investigations Bureau (NBIB), or the
Office of the Inspector General) to the extent necessary to identify
the individual, inform the source of the nature and purpose of the
investigation, or identify the type of information requested.
3. A record from this system of records may be disclosed to the
Office of Personnel Management, the Merit Systems Protection Board, the
Federal Labor Relations Authority, or the Equal Employment Opportunity
Commission to carry out its respective authorized functions (under 5
U.S.C. 1204, and 7105, and 42 U.S.C. 2000e-4).
4. To designated officers and employees of agencies, offices, and
other establishments in the executive, legislative, and judicial
branches of the Federal Government, having a need to evaluate
qualifications, suitability, and loyalty to the United States
Government and/or a security clearance or access determination.
5. To designated officers and employees of agencies, offices, and
other establishments in the executive, legislative, and judicial
branches of the Federal Government, when such agency, office, or
establishment investigates an individual for purposes of granting a
security clearance, or for the purpose of making a determination of
qualifications, suitability, or loyalty to the United States
Government, or access to classified information or restricted areas.
6. To designated officers and employees of agencies, offices, and
other establishments in the executive, judicial, or legislative
branches of the Federal Government, having the responsibility to grant
clearances to make a determination regarding access to classified
information or restricted areas, or to evaluate qualifications,
suitability, or loyalty to the United States Government, in connection
with performance of a service to the Federal Government under a
contract or other agreement.
7. To U.S. intelligence agencies for use in intelligence
activities.
8. To the appropriate federal, state, tribal, local, or other
public authority responsible for investigating, prosecuting, enforcing,
or implementing a statute, rule, regulation, or order where OPM becomes
aware of an indication of a violation or potential violation of civil
or criminal law or regulation.
9. To an agency, office, or other establishment in the executive,
legislative, or judicial branches of the Federal Government, in
response to its request, in connection with the hiring or retention of
an employee, the issuance of a security clearance, the conducting of a
security or suitability investigation of an individual, the classifying
of jobs, the letting of a contract, or the issuance of a license,
grant, or other benefit by the requesting agency, to the extent that
the information is relevant and necessary to the requesting agency's
decision on the matter.
10. To provide information to a congressional office from the
record of an individual in response to an inquiry from the
congressional office made at the request of that individual. However,
to the extent these records may reveal the identity of an individual
who has provided information pertaining to the investigation, the
investigative file, or the parts thereof, are exempt from release.
Further, requests for OPM records contained in this system will be
referred to OPM.
11. To disclose information to contractors, experts, consultants,
or students performing or working on a contract, service, or job for
the PBGC.
12. To disclose results of investigations or individuals records to
agencies, such as the Department of Labor, providing adjudicative
support services to PBGC.
13. To provide criminal history record information to the FBI, to
help ensure the accuracy and completeness of FBI and PBGC records.
POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
Records are maintained manually in paper and/or electronic form
(including computer databases or discs). Records may also be maintained
on back-up tapes, or on a PBGC or a contractor-hosted network.
POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
Records are retrieved by any one or more of the following: name;
social security number; unique case serial number; or other unique
identifier.
POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
Records are maintained and destroyed in accordance with the
National Archives and Record Administration's (NARA) Basic Laws and
Authorities (44 U.S.C. 3301, et seq.) or a PBGC records
[[Page 6264]]
disposition schedule approved by NARA.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
PBGC has established security and privacy protocols that meet the
required security and privacy standards issued by the National
Institute of Standards and Technology (NIST). Records are maintained in
a secure, password protected electronic system that utilizes security
hardware and software to include multiple firewalls, active intruder
detection, and role-based access controls. PBGC has adopted appropriate
administrative, technical, and physical controls in accordance with
PBGC's security program to protect the confidentiality, integrity, and
availability of the information, and to ensure that records are not
disclosed to or accessed by unauthorized individuals.
Electronic records are stored on computer networks, which may
include cloud-based systems, and protected by controlled access with
Personal Identity Verification (PIV) cards, assigning user accounts to
individuals needing access to the records and by passwords set by
authorized users that must be changed periodically.
RECORD ACCESS PROCEDURES:
Individuals, or third parties with written authorization from the
individual, wishing to request access to their records in accordance
with 29 CFR 4902.4, should submit a written request to the Disclosure
Officer, PBGC, 1200 K Street NW, Washington, DC 20005, providing their
name, address, date of birth, and verification of their identity in
accordance with 29 CFR 4902.3(c).
CONTESTING RECORD PROCEDURES:
Individuals, or third parties with written authorization from the
individual, wishing to amend their records must submit a written
request identifying the information they wish to correct in their file,
in addition to following the requirements of the Record Access
Procedure above.
NOTIFICATION PROCEDURES:
Individuals, or third parties with written authorization from the
individual, wishing to learn whether this system of records contains
information about them should submit a written request to the
Disclosure Officer, PBGC, 1200 K Street NW, Washington, DC 20005,
providing their name, address, date of birth, and verification of their
identity in accordance with 29 CFR 4902.3(c).
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
Pursuant to 5 U.S.C. 552a(k)(2), records in this system are exempt
from the requirements of subsections (c)(3), (d), (e)(1), (e)(4) (G),
(H), (I), and (f) of 5 U.S.C. 552a, provided, however, that if any
individual is denied any right, privilege, or benefit that he or she
would otherwise be entitled to by federal law, or for which he or she
would otherwise be eligible, as a result of the maintenance of these
records, such material shall be provided to the individual, except to
the extent that the disclosure of the material would reveal the
identity of a source who furnished information to the Government with
an express promise that the identity of the source would be held in
confidence.
HISTORY:
PBGC-12, Personnel Security Investigation Records (last published
at 81 FR 63309 (September 14, 2016)).
SYSTEM NAME AND NUMBER
PBGC-13: Debt Collection--PBGC.
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
Pension Benefit Guaranty Corporation (PBGC), 1200 K Street NW,
Washington, DC 20005 and/or PBGC Field Offices (Field Benefit
Administration), plan administrator, and paying agents worksites.
(Records may be kept at an additional location as backup for continuity
of operations.)
SYSTEM MANAGER(S) AND ADDRESS:
Director, Financial Operations Department, PBGC, 1200 K Street NW,
Washington, DC 20005.
Chief of Benefits Administration, Office of Benefits
Administration, PBGC, 1200 K Street NW, Washington, DC 20005.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
29 U.S.C. 1302; 31 U.S.C. 3711(a); 44 U.S.C. 3101; 5 U.S.C. 301;
Executive Order 13019.
PURPOSE(S) OF THE SYSTEM:
This system of records is maintained for the purpose of collecting
debts owed to PBGC by various individuals, including, but not limited
to, pension plans and/or sponsors owing insurance premiums, interest
and penalties; PBGC employees and former employees; consultants and
vendors; participants, alternate payees, and beneficiaries in
retirement plans coming under the control or authority of the PBGC; and
individuals who received payments from PBGC to which they are not
entitled. This system facilitates PBGC's compliance with the Debt
Collection Improvement Act of 1996.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Any individual who may owe a debt to PBGC, including but not
limited to: pension plans and/or sponsors owing insurance premiums,
interest, and penalties; employees and former employees of PBGC;
individuals who are consultants and vendors to PBGC; participants,
alternate payees, and beneficiaries in terminating and terminated
defined benefit or defined contribution plans coming under the control
or authority of the PBGC; and any individual who received payments to
which they are not entitled.
CATEGORIES OF RECORDS IN THE SYSTEM:
Plan filings; names; addresses; social security numbers; taxpayer
identification numbers; employee numbers; pay records; travel vouchers
and related documents filed by PBGC employees; invoices filed by
consultants and vendors to PBGC; records of benefit payments made to
participants, alternate payees, and beneficiaries in plans covered by
ERISA; and other relevant records relating to a debt including
financial information, bank account numbers, the amount, status, and
history of the debt, and the program under which the debt arose.
RECORD SOURCE CATEGORIES:
Subject individuals; plan administrators; labor organization
officials; debt collection agencies or firms; firms or agencies
providing locator services; PBGC Field Offices (Field Benefit
Administration); and, other federal agencies.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSES OF SUCH USES:
Information about covered individuals may be disclosed without
consent as permitted by the Privacy Act of 1974, 5 U.S.C. 522a(b), and:
1. General Routine Uses G1 through G14 apply to this system of
records (see Prefatory Statement of General Routine Uses).
2. A record from this system of records may be disclosed to the
United States Department of the Treasury for cross-servicing to effect
debt collection in accordance with 31 U.S.C. 3711(e).
3. Names, addresses, and telephone numbers of employees,
participants, beneficiaries, alternate payees and any other individual
owing a debt to PBGC, and information pertaining to debts owed by such
individuals to PBGC may be disclosed to a debt collection agency to
collect a claim. Disclosure to a debt
[[Page 6265]]
collection agency or firm shall be made only under a contract that
binds any such contractor or employee of such contractor to the
criminal penalties of the Privacy Act. The information so disclosed
shall be used exclusively pursuant to the terms and conditions of such
contract and shall be used solely for the purposes prescribed therein.
The contract shall provide that the information so disclosed shall be
returned at the conclusion of the debt collection effort.
4. These records may be used to disclose information to any federal
agency, state or local agency, tribal governments, U.S. territory or
commonwealth, or the District of Columbia, or their agents or
contractors, including private collection agencies (consumer and
commercial):
a. To facilitate the collection of debts through the use of any
combination of various debt collection methods required or authorized
by law, including, but not limited to:
i. Request for repayment by telephone or in writing;
ii. Negotiation of voluntary repayment or compromise agreements;
iii. Offset of federal payments, which may include the disclosure
of information contained in the records for the purpose of providing
the debtor with appropriate pre-offset notice and to otherwise comply
with offset prerequisites, to facilitate voluntary repayment in lieu of
offset, and to otherwise effectuate the offset process;
iv. Referral of debts to private collection agencies, to Treasury
designated debt collection centers, or for litigation;
v. Administrative and court-ordered wage garnishment;
vi. Debt sales;
vii. Publication of names and identities of delinquent debtors in
the media or other appropriate news or websites; and
viii. Any other debt collection method authorized by law;
b. To collect a debt owed to the United States through the offset
of payments made by states, territories, commonwealths, tribal
governments, or the District of Columbia;
c. To account or report on the status of debts for which such
entity has a financial or other legitimate need for the information in
the performance of official duties; or,
d. For any other appropriate debt collection purpose.
5. A record from this system may be disclosed to a consumer
reporting agency in accordance with 31 U.S.C. 3711(e).
POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
Records are maintained manually in paper and/or electronic form
(including computer databases or discs). Records may also be maintained
on back-up tapes, or on a PBGC or a contractor-hosted network.
POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
Records are retrieved by any one or more of the following: employer
identification number; social security number; customer identification
number; plan number; recovery tracking number; name of debtor, plan,
plan sponsor, plan administrator, participant, alternate payee, or
beneficiary.
POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
Records are maintained and destroyed in accordance with the
National Archives and Record Administration's (NARA) Basic Laws and
Authorities (44 U.S.C. 3301, et seq.) or a PBGC records disposition
schedule approved by NARA.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
PBGC has established security and privacy protocols that meet the
required security and privacy standards issued by the National
Institute of Standards and Technology (NIST). Records are maintained in
a secure, password protected electronic system that utilizes security
hardware and software to include multiple firewalls, active intruder
detection, and role-based access controls. PBGC has adopted appropriate
administrative, technical, and physical controls in accordance with
PBGC's security program to protect the confidentiality, integrity, and
availability of the information, and to ensure that records are not
disclosed to or accessed by unauthorized individuals.
Electronic records are stored on computer networks, which may
include cloud-based systems, and protected by controlled access with
Personal Identity Verification (PIV) cards, assigning user accounts to
individuals needing access to the records and by passwords set by
authorized users that must be changed periodically.
RECORD ACCESS PROCEDURES:
Individuals, or third parties with written authorization from the
individual, wishing to request access to their records in accordance
with 29 CFR 4902.4, should submit a written request to the Disclosure
Officer, PBGC, 1200 K Street NW, Washington, DC 20005, providing their
name, address, date of birth, and verification of their identity in
accordance with 29 CFR 4902.3(c).
CONTESTING RECORD PROCEDURES:
Individuals, or third parties with written authorization from the
individual, wishing to amend their records must submit a written
request identifying the information they wish to correct in their file,
in addition to following the requirements of the Record Access
Procedure above.
NOTIFICATION PROCEDURES:
Individuals, or third parties with written authorization from the
individual, wishing to learn whether this system of records contains
information about them should submit a written request to the
Disclosure Officer, PBGC, 1200 K Street NW, Washington, DC 20005,
providing their name, address, date of birth, and verification of their
identity in accordance with 29 CFR 4902.3(c).
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
None
HISTORY:
PBGC-13, Debt Collection (last published at 81 FR 63311 (September
14, 2016)).
SYSTEM NAME
PBGC-14: My Plan Administration Account Records--PBGC.
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
Pension Benefit Guaranty Corporation (PBGC), 1200 K Street NW,
Washington, DC 20005. (Records may be kept at an additional location as
backup for continuity of operations.)
SYSTEM MANAGER(S) AND ADDRESS:
Director, Financial Operations Department, PBGC, 1200 K Street NW,
Washington, DC 20005.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
29 U.S.C. 1302, 1306, and 1343; 44 U.S.C. 3101; 5 U.S.C. 301;44
U.S.C. 3601, et seq.
PURPOSE(S) OF THE SYSTEM:
This system of records is maintained for use in verifying the
identity of individuals who register to use the My PAA application to
make PBGC filings, and receiving, authenticating, processing, and
keeping a history of filings and premium payments submitted to PBGC by
registered users. Information from this system is used to provide the
public with contact information for plan sponsors, plan
[[Page 6266]]
administrators, pension practitioners, actuaries and pension benefit
professionals who submit plan information through My PAA.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Individuals who use the My Plan Administration Account (My PAA)
application to make PBGC filings and payments electronically via PBGC's
website (www.pbgc.gov), including individuals acting for plan sponsors,
plan administrators, pension practitioners, actuaries, pension benefit
professionals.
CATEGORIES OF RECORDS IN THE SYSTEM:
User name; work telephone number; work email address; other contact
information; a temporary PBGC-issued user ID and password; a user-
selected user ID and password; a secret question/secret answer
combination for authentication; IP addresses; cookies (session and
persistent); financial information; taxpayer identification number;
bank information; for each pension plan for which the user intends to
participate in making filings with PBGC: the plan name; employer
identification number; plan number; the plan administrator's name,
address, phone number, email address, and other contact information;
and the role that the user will play in the filing process, e.g.,
creating and editing filings, signing filings electronically as the
plan administrator, signing filings electronically as the enrolled
actuary, or authorizing payments to PBGC.
RECORD SOURCE CATEGORIES:
Registered users.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSES OF SUCH USES:
Information about covered individuals may be disclosed without
consent as permitted by the Privacy Act of 1974, 5 U.S.C. 522a(b), and:
1. General Routine Uses G1, G4 through G7, G9, G10, and G12 through
G14 apply to this system of records (see Prefatory Statement of General
Routine Uses).
2. Names, addresses and phone numbers of plan sponsors, plan
administrators, pension practitioners, actuaries and pension benefit
professionals who submit plan information to My PAA may be disclosed to
the public in order to ensure the public has access to contact
information for those individuals submitting information regarding
pension plans and those responsible for the administration of pension
plans covered by the Employee Retirement Income Security Act of 1974
(ERISA).
POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
Records are maintained manually in paper and/or electronic form
(including computer databases or discs). Records may also be maintained
on back-up tapes, or on a PBGC or a contractor-hosted network.
POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
Records are retrieved by any one or more of the following: Name;
user ID; email address; telephone number; plan name; EIN; or plan
number.
POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
Records are maintained and destroyed in accordance with the
National Archives and Record Administration's (NARA) Basic Laws and
Authorities (44 U.S.C. 3301, et seq.) or a PBGC records disposition
schedule approved by NARA.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
PBGC has established security and privacy protocols that meet the
required security and privacy standards issued by the National
Institute of Standards and Technology (NIST). Records are maintained in
a secure, password protected electronic system that utilizes security
hardware and software to include multiple firewalls, active intruder
detection, and role-based access controls. PBGC has adopted appropriate
administrative, technical, and physical controls in accordance with
PBGC's security program to protect the confidentiality, integrity, and
availability of the information, and to ensure that records are not
disclosed to or accessed by unauthorized individuals.
Electronic records are stored on computer networks, which may
include cloud-based systems, and protected by controlled access with
Personal Identity Verification (PIV) cards, assigning user accounts to
individuals needing access to the records and by passwords set by
authorized users that must be changed periodically.
RECORD ACCESS PROCEDURES:
Individuals, or third parties with written authorization from the
individual, wishing to request access to their records in accordance
with 29 CFR 4902.4, should submit a written request to the Disclosure
Officer, PBGC, 1200 K Street NW, Washington, DC 20005, providing their
name, address, date of birth, and verification of their identity in
accordance with 29 CFR 4902.3(c).
CONTESTING RECORD PROCEDURES:
Individuals, or third parties with written authorization from the
individual, wishing to amend their records must submit a written
request identifying the information they wish to correct in their file,
in addition to following the requirements of the Record Access
Procedure above.
NOTIFICATION PROCEDURES:
Individuals, or third parties with written authorization from the
individual, wishing to learn whether this system of records contains
information about them should submit a written request to the
Disclosure Officer, PBGC, 1200 K Street NW, Washington, DC 20005,
providing their name, address, date of birth, and verification of their
identity in accordance with 29 CFR 4902.3(c).
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
None
HISTORY:
PBGC-14, My Plan Administration Account Records (last published at
81 FR 63312 (September 14, 2016)).
SYSTEM NAME AND NUMBER
PBGC-15: Emergency Notification Records--PBGC.
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
Pension Benefit Guaranty Corporation (PBGC), 1200 K Street NW,
Washington, DC 20005. (Records may be kept at an additional location as
backup for continuity of operations.)
SYSTEM MANAGER(S) AND ADDRESS:
Director, Workplace Solutions Department, PBGC, 1200 K Street NW,
Washington, DC 20005.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
29 U.S.C. 1302; 44 U.S.C. 3101; 5 U.S.C. 301; Executive Order
12656.
PURPOSE(S) OF THE SYSTEM:
This system of records is maintained for notifying PBGC employees,
students, interns, and contractors of PBGC's operating status in the
event of an emergency, natural disaster or other event affecting PBGC
operations; and for contacting employees, students, interns, and
contractors who are out of the office on leave or after regular duty
hours to obtain information necessary for official business.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
PBGC employees, students, interns, and individuals who work for
PBGC as
[[Page 6267]]
contractors or as employees of contractors.
CATEGORIES OF RECORDS IN THE SYSTEM:
Name; title; organizational component; employer; PBGC and personal
telephone numbers; PBGC and personal email addresses; other contact
information; user ID; a temporary PBGC-issued password; and a user-
selected password.
RECORD SOURCE CATEGORIES:
Subject individuals.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSES OF SUCH USES:
Information about covered individuals may be disclosed without
consent as permitted by the Privacy Act of 1974, 5 U.S.C. 522a(b), and:
1. General Routine Uses G1, G4, G5, G7, G9 through G11, G13, and
G14 apply to this system of records (see Prefatory Statement of General
Routine Uses).
2. A record in this system of records may be disclosed to family
members, emergency medical personnel, or to law enforcement officials
in case of a medical or other emergency involving the subject
individual (without the subsequent notification prescribed in 5 U.S.C.
552a(b)(8)).
POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
Records are maintained manually in paper and/or electronic form
(including computer databases or discs). Records may also be maintained
on back-up tapes, or on a PBGC or a contractor-hosted network.
POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
Records are retrieved by any one or more of the following: Name;
organizational component; or user ID and password.
POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
Records are maintained and destroyed in accordance with the
National Archives and Record Administration's (NARA) Basic Laws and
Authorities (44 U.S.C. 3301, et seq.) or a PBGC records disposition
schedule approved by NARA.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
PBGC has established security and privacy protocols that meet the
required security and privacy standards issued by the National
Institute of Standards and Technology (NIST). Records are maintained in
a secure, password protected electronic system that utilizes security
hardware and software to include multiple firewalls, active intruder
detection, and role-based access controls. PBGC has adopted appropriate
administrative, technical, and physical controls in accordance with
PBGC's security program to protect the confidentiality, integrity, and
availability of the information, and to ensure that records are not
disclosed to or accessed by unauthorized individuals.
Electronic records are stored on computer networks, which may
include cloud-based systems, and protected by controlled access with
Personal Identity Verification (PIV) cards, assigning user accounts to
individuals needing access to the records and by passwords set by
authorized users that must be changed periodically.
RECORD ACCESS PROCEDURES:
Individuals, or third parties with written authorization from the
individual, wishing to request access to their records in accordance
with 29 CFR 4902.4, should submit a written request to the Disclosure
Officer, PBGC, 1200 K Street NW, Washington, DC 20005, providing their
name, address, date of birth, and verification of their identity in
accordance with 29 CFR 4902.3(c).
CONTESTING RECORD PROCEDURES:
Individuals, or third parties with written authorization from the
individual, wishing to amend their records must submit a written
request identifying the information they wish to correct in their file,
in addition to following the requirements of the Record Access
Procedure above.
NOTIFICATION PROCEDURES:
Individuals, or third parties with written authorization from the
individual, wishing to learn whether this system of records contains
information about them should submit a written request to the
Disclosure Officer, PBGC, 1200 K Street NW, Washington, DC 20005,
providing their name, address, date of birth, and verification of their
identity in accordance with 29 CFR 4902.3(c).
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
None.
HISTORY:
PBGC-15, Emergency Notification Records (last published at 81 FR
63313 (September 14, 2016)).
SYSTEM NAME AND NUMBER
PBGC-16: PBGC Connect Search Center--PBGC.
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
Pension Benefit Guaranty Corporation (PBGC), 1200 K Street NW,
Washington, DC 20005. (Records may be kept at an additional location as
backup for continuity of operations.)
SYSTEM MANAGER(S) AND ADDRESS:
Division Manager, Information Technology Customer and Operations
Service Division, PBGC, 1200 K Street NW, Washington, DC 20005.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
29 U.S.C. 1302; 44 U.S.C. 3101; 5 U.S.C. 301.
PURPOSE(S) OF THE SYSTEM:
This system of records is used by PBGC employees, interns and
contractors to identify other PBGC employees, interns and contractors;
and, to access contact information for PBGC employees, interns and
contractors.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
PBGC employees and contractors with PBGC network access.
CATEGORIES OF RECORDS IN THE SYSTEM:
Name; photograph; personal description; skills; interests; schools;
birthday; mobile phone number; home phone number; organizational
component and title; supervisor's name; PBGC street address; room or
workstation number; PBGC network ID; work email address; and work
telephone number and extension.
RECORD SOURCE CATEGORIES:
Subject individuals and PBGC personnel records.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSES OF SUCH USES:
Information about covered individuals may be disclosed without
consent as permitted by the Privacy Act of 1974, 5 U.S.C. 522a(b), and:
1. General Routine Uses G1 through G14 apply to this system of
records (see Prefatory Statement of General Routine Uses).
POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
Records are maintained manually in paper and/or electronic form
(including computer databases or discs). Records may also be maintained
on back-up tapes, or on a PBGC or a contractor-hosted network.
POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
Records are retrieved by any one or more of the following: name;
username; organizational component; job title;
[[Page 6268]]
work phone number; office number; supervisor; work email; skills;
interests; birth date; education; peers; and employee type (federal or
contractor).
POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
Records are maintained and destroyed in accordance with the
National Archives and Record Administration's (NARA) Basic Laws and
Authorities (44 U.S.C. 3301, et seq.) or a PBGC records disposition
schedule approved by NARA.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
PBGC has established security and privacy protocols that meet the
required security and privacy standards issued by the National
Institute of Standards and Technology (NIST). Records are maintained in
a secure, password protected electronic system that utilizes security
hardware and software to include multiple firewalls, active intruder
detection, and role-based access controls. PBGC has adopted appropriate
administrative, technical, and physical controls in accordance with
PBGC's security program to protect the confidentiality, integrity, and
availability of the information, and to ensure that records are not
disclosed to or accessed by unauthorized individuals.
Electronic records are stored on computer networks, which may
include cloud-based systems, and protected by controlled access with
Personal Identity Verification (PIV) cards, assigning user accounts to
individuals needing access to the records and by passwords set by
authorized users that must be changed periodically.
RECORD ACCESS ROCEDURES:
Individuals, or third parties with written authorization from the
individual, wishing to request access to their records in accordance
with 29 CFR 4902.4, should submit a written request to the Disclosure
Officer, PBGC, 1200 K Street NW, Washington, DC 20005, providing their
name, address, date of birth, and verification of their identity in
accordance with 29 CFR 4902.3(c).
CONTESTING RECORD PROCEDURES:
Individuals, or third parties with written authorization from the
individual, wishing to amend their records must submit a written
request identifying the information they wish to correct in their file,
in addition to following the requirements of the Record Access
Procedure above.
NOTIFICATION PROCEDURES:
Individuals, or third parties with written authorization from the
individual, wishing to learn whether this system of records contains
information about them should submit a written request to the
Disclosure Officer, PBGC, 1200 K Street NW, Washington, DC 20005,
providing their name, address, date of birth, and verification of their
identity in accordance with 29 CFR 4902.3(c).
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
None.
HISTORY:
PBGC-16, Employee Online Directory (last published at 81 FR 63314
(September 14, 2016)).
SYSTEM NAME AND NUMBER
PBGC-17: Office of Inspector General Investigative File System--
PBGC.
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
Office of Inspector General, Pension Benefit Guaranty Corporation
(PBGC), 1200 K Street NW, Washington, DC 20005. (Records may be kept at
an additional location as backup for continuity of operations.)
SYSTEM MANAGER(S) AND ADDRESS:
Office of the Inspector General, PBGC, 1200 K Street NW,
Washington, DC 20005.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
5 U.S.C. App. 3.
PURPOSE(S) OF THE SYSTEM:
This system of records is used to supervise and conduct
investigations relating to programs and operations of PBGC by the
Inspector General.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Individuals named in investigations conducted by the Office of
Inspector General (OIG); complainants and subjects of complaints
collected through the operation of the OIG Hotline; other individuals,
including witnesses, sources, and members of the general public who are
named individuals in connection with investigations conducted by OIG.
CATEGORIES OF RECORDS IN THE SYSTEM:
Information within this system relates to OIG investigations
carried out under applicable statutes, regulations, policies, and
procedures. The investigations may relate to criminal, civil, or
administrative matters. These OIG files may contain investigative
reports; transcripts; internal staff memoranda; working drafts of
papers to PBGC employees; investigative plans; litigation strategies;
copies of personnel, financial, contractual, and property management
records maintained by PBGC; information submitted by or about pension
plan sponsors or plan participants; background data including arrest
records, statements of informants and witnesses, and laboratory reports
of evidence analysis; information and documentation received from other
government agencies; search warrants, summonses and subpoenas; and
other information related to investigations. Personal data in the
system may consist of names, social security numbers, addresses, dates
of birth and death, fingerprints, handwriting samples, reports of
confidential informants, physical identifying data, voiceprints,
polygraph tests, photographs, and individual personnel and payroll
information.
RECORD SOURCE CATEGORIES:
Subject individuals; individual complainants; witnesses; interviews
conducted during investigations; federal, state, tribal, and local
government records; individual or company records; claim and payment
files; employer medical records; insurance records; court records;
articles from publications; financial data; bank information; telephone
data; service providers; other law enforcement organizations; grantees
and sub-grantees; contractors and subcontractors; pension plan sponsors
and participants; and other sources.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSES OF SUCH USES:
Information about covered individuals may be disclosed without
consent as permitted by the Privacy Act of 1974, 5 U.S.C. 552a(b) and:
1. General Routine Uses G1, G2, G4, G5, G7, and G9 through G14
apply to this system of records (see Prefatory Statement of General
Routine Uses).
2. A record relating to a person held in custody pending or during
arraignment, trial, sentence, or extradition proceedings or after
conviction may be disclosed to a federal, state, local, tribal or
foreign prison; probation, parole, or pardon authority; or any other
agency or individual involved with the maintenance, transportation, or
release of such a person.
3. A record relating to a case or matter may be disclosed to an
actual or potential party or his or her attorney for
[[Page 6269]]
the purpose of negotiation or discussion on such matters as settlement
of the case or matter, plea bargaining, or informal discovery
proceedings.
4. A record may be disclosed to any source, either private or
governmental, when reasonably necessary to elicit information or obtain
the cooperation of a witness or informant when conducting any official
investigation or during a trial or hearing or when preparing for a
trial or hearing.
5. A record relating to a case or matter may be disclosed to a
foreign country, through the United States Department of State or
directly to the representative of such country, under an international
treaty, convention, or executive agreement; or to the extent necessary
to assist such country in apprehending or returning a fugitive to a
jurisdiction that seeks that individual's return.
6. A record originating exclusively within this system of records
may be disclosed to other federal offices of inspectors general and
councils comprising officials from other federal offices of inspectors
general, as required by the Inspector General Act of 1978, as amended.
The purpose is to ensure that OIG investigative operations can be
subject to integrity and efficiency peer reviews, and to permit other
offices of inspectors general to investigate and report on allegations
of misconduct by senior OIG officials as directed by a council, the
President, or Congress. Records originating from any other PBGC systems
of records, which may be duplicated in or incorporated into this
system, also may be disclosed with all identifiable information
redacted.
7. A record may be disclosed to the Department of the Treasury and
the Department of Justice when the OIG seeks an ex parte court order to
obtain taxpayer information from the Internal Revenue Service.
8. A record may be disclosed to any governmental, professional or
licensing authority when such record reflects on qualifications, either
moral, educational or vocational, of an individual seeking to be
licensed or to maintain a license.
9. A record may be disclosed to any direct or indirect recipient of
federal funds, e.g., a contractor, where such record reflects problems
with the personnel working for a recipient, and disclosure of the
record is made to permit a recipient to take corrective action
beneficial to the Government.
10. A record may be disclosed where there is an indication of a
violation or a potential violation of law, rule, regulation or order
whether civil, criminal, administrative or regulatory in nature, to the
appropriate agency, whether federal, state, tribal or local, or to a
securities self-regulatory organization, charged with enforcing or
implementing the statute, or rule, regulation or order.
11. A record may be disclosed to federal, state, tribal or local
authorities in order to obtain information or records relevant to an
Office of Inspector General investigation or inquiry.
12. A record may be disclosed to a bar association, state
accountancy board, or other federal, state, tribal, local, or foreign
licensing or oversight authority; or professional association or self-
regulatory authority to the extent that it performs similar functions
(including the Public Company Accounting Oversight Board) for
investigations or possible disciplinary action.
13. A record may be disclosed to inform complainants, victims, and
witnesses of the results of an investigation or inquiry.
14. To the Department of Justice for the purpose of obtaining
advice on investigatory matters or in order to refer information for
the purpose of prosecution.
15. To contractors, interns and experts who have been engaged to
assist in an OIG investigation or in the performance of a service
related to this system of records and require access to these records
for the purpose of assisting the OIG in the efficient administration of
its duties. All recipients of these records shall be required to comply
with the requirements of the Privacy Act of 1974, as amended.
16. To the public when the matter under investigation has become
public knowledge, or when the Inspector General determines that such
disclosure is necessary to preserve confidence in the integrity of the
OIG investigative process, to demonstrate the accountability of PBGC
employees, or other individuals covered by this system, or when there
exists a legitimate public interest, unless the Inspector General has
determined that disclosure of specific information would constitute an
unwarranted invasion of personal privacy.
POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
Records are maintained manually in paper and/or electronic form
(including computer databases or discs). Records may also be maintained
on back-up tapes, or on a PBGC or a contractor-hosted network.
POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
Records may be retrieved by any one or more of the following: name;
social security number; subject category; or assigned case number.
POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
Records are maintained and destroyed in accordance with the
National Archives and Record Administration's (NARA) Basic Laws and
Authorities (44 U.S.C. 3301, et seq.) or a PBGC records disposition
schedule approved by NARA.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
PBGC has established security and privacy protocols that meet the
required security and privacy standards issued by the National
Institute of Standards and Technology (NIST). Records are maintained in
a secure, password protected electronic system that utilizes security
hardware and software to include multiple firewalls, active intruder
detection, and role-based access controls. PBGC has adopted appropriate
administrative, technical, and physical controls in accordance with
PBGC's security program to protect the confidentiality, integrity, and
availability of the information, and to ensure that records are not
disclosed to or accessed by unauthorized individuals.
Electronic records are stored on computer networks, which may
include cloud-based systems, and protected by controlled access with
Personal Identity Verification (PIV) cards, assigning user accounts to
individuals needing access to the records and by passwords set by
authorized users that must be changed periodically.
RECORD ACCESS PROCEDURES:
This system is exempt from the notification and record access
requirements. However, consideration will be given to requests made in
compliance with 29 CFR 4902.3 and 4902.4.
CONTESTING RECORD PROCEDURES:
This system is exempt from amendment requirements. However,
consideration will be given requests made in compliance with 29 CFR
4902.3 and 4902.5.
NOTIFICATION PROCEDURES:
This system is exempt from the notification requirements. However,
consideration will be given to inquiries made in compliance with 29 CFR
4902.3.
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
Pursuant to 5 U.S.C. 552a(j) and (k), PBGC has established
regulations at 29 CFR 4902.11 that exempt records in this system
depending on their purpose.
[[Page 6270]]
HISTORY:
PBGC-17, Inspector General Investigative File System (last
published at 81 FR 63315 (September 14, 2016)).
SYSTEM NAME AND NUMBER
PBGC-19: Office of General Counsel Case Management System -- PBGC
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
Pension Benefit Guaranty Corporation (PBGC), 1200 and 1275 K Street
NW, Washington, DC 20005. (Records may be kept at an additional
location as backup for continuity of operations.)
SYSTEM MANAGER(S) AND ADDRESS:
Office of the General Counsel, PBGC, 1200 K Street NW, Washington,
DC 20005.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
29 U.S.C. 1055, 1056(d)(3), 1302, 1303, 1310, 1321, 1322a, 1341,
1342, 1343 and 1350; 5 U.S.C. app. 105; 5 U.S.C. 301, 552(a), 552a(d),
7101; 42 U.S.C. 2000e, et seq.; 44 U.S.C. 3101.
PURPOSE(S) OF THE SYSTEM:
The purpose of this system of records is to catalog, litigate,
review or otherwise resolve any case or matter handled by the OGC.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Individuals who are participants, beneficiaries, and alternate
payees in pension plans covered by the Employee Retirement Income
Security Act of 1974 (ERISA), 29 U.S.C. 1301, et seq.; pension plan
sponsors, administrators, control group members and third parties, who
are responsible for, manage, or have control over ERISA pension plans;
other individuals who are identified in connection with investigations
conducted pursuant to 29 U.S.C. 1303 or litigation conducted with
regard to ERISA pension plans; individuals (including PBGC employees)
who are parties or witnesses in civil litigation or administrative
proceedings involving or concerning PBGC or its officers or employees;
individuals who are the subject of a breach of personally identifiable
information; individuals who are potential contractors or contractors
with PBGC or are otherwise personally associated with a contract or
procurement matter; individuals who receive legal advice from the
Office of General Counsel (OGC); and other individuals (including
current, former, and potential PBGC employees, contract employees,
interns, and externs) who are the subject of or are otherwise connected
to an inquiry, investigation, other matter handled by the OGC.
CATEGORIES OF RECORDS IN THE SYSTEM:
Draft and final versions of notes, reports, memoranda; settlements;
legal opinions; agreements; correspondence; contracts; contract
proposals and other procurement documents; plan documents; participant,
alternate payee, and beneficiary files; initial and final PBGC
determinations of ERISA matters; Freedom of Information Act (FOIA) and
the Privacy Act of 1974 disclosures, determinations, appeals and
decisions of those appeals; records and information obtained from other
federal, state, tribal, and local agencies and departments, including,
but not limited to: Office of Personnel Management, Social Security
Administration, Department of Treasury and Department of Justice;
drafts and legal reviews of proposed personnel actions; ethics
inquiries; personnel records; financial records; individual tax
returns; litigation files; labor relations files; information provided
by labor unions or other organizations; witness statements; summonses,
subpoenas, discovery requests and responses; and, breach reports and
supporting documentation.
RECORD SOURCE CATEGORIES:
Subject individuals; pension plan participants, sponsors,
administrators and third-parties; federal government records; current
and former employees, contractors, interns, and externs; PBGC debt and
disbursement records; insurers; the Social Security Administration;
labor organizations; court records; articles from publications; and
other individuals, organizations, and corporate entities with relevant
knowledge/information.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSES OF SUCH USES:
Information about covered individuals may be disclosed without
consent as permitted by the Privacy Act of 1974, 5 U.S.C. 522a(b), and:
1. General Routine Uses G1 through G14 apply to this system of
records (see Prefatory Statement of General Routine Uses).
2. A record from this system of records may be disclosed, in
furtherance of proceedings under Title IV of ERISA, to a contributing
sponsor (or other employer who maintained the plan), including any
predecessor or successor, and any member of the same control group.
3. Names, addresses, and telephone numbers of employees, former
employees, participants, and beneficiaries and information pertaining
to debts to PBGC may be disclosed to the Department of Treasury, the
Department of Justice, a credit agency, and a debt collection to
collect the debt. Disclosure to a debt collection shall be made only
under a contract that binds any such contractor or employee of such
contractor to criminal penalties of the Privacy Act.
4. Information may be disclosed to a court, magistrate, or
administrative tribunal in the course of presenting evidence, including
disclosures to opposing counsel or witnesses in the course of civil
discovery, litigation, or settlement negotiations in response to a
court order or in connection with criminal law proceedings.
5. Information may be provided to a congressional office in
response to an inquiry made at the request of the individual to whom
the record pertains.
6. Information may be provided to third parties during the course
of an investigation to the extent necessary to obtain information
pertinent to the investigation.
7. Relevant and necessary information may be disclosed to a former
employee of PBGC for the purposes of: (1) Responding to an official
inquiry by federal, state, tribal or local government entity or
professional licensing authority; or, (2) facilitating communications
with a former employee that may be necessary for personnel-related or
other official purposes where PBGC requires information and/or
consultation assistance from the former employee regarding a matter
within that person's former area of responsibility.
8. A record relating to a case or matter may be disseminated to a
foreign country pursuant to an international treaty or convention
entered into and ratified by the United States or to an executive
agreement.
9. A record may be disseminated to a foreign country, through the
United States Department of State or directly to the representative of
such country, to the extent necessary to assist such country in civil
or criminal proceedings in which the United States or one of its
officers or agencies has an interest.
10. A record from this system of records may be disclosed to the
National Archives and Records Administration (NARA), Office of
Government Information Services (OGIS), to the extent necessary to
fulfill its responsibilities in 5 U.S.C. 552(h), to review
administrative agency policies, procedures and compliance with the
FOIA, and to facilitate use of OGIS' mediation services.
[[Page 6271]]
11. A record from this system may be disclosed to a consumer
reporting agency in accordance with 31 U.S.C. 3711(e).
POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
Records are maintained manually in paper and/or electronic form
(including computer databases or discs). Records may also be maintained
on back-up tapes, or on a PBGC or a contractor-hosted network.
POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
Records are indexed by assigned case number and sequential record
identifier. Records are full-text indexed and information from this
system may be retrieved using any free-form key, which may include
names, social security number, address, representative or any other
personal identifiers. For certain systems, only individuals assigned to
the particular matter may retrieve associated records.
POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
Records are maintained and destroyed in accordance with the
National Archives and Record Administration's (NARA) Basic Laws and
Authorities (44 U.S.C. 3301, et seq.) or a PBGC records disposition
schedule approved by NARA.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
PBGC has established security and privacy protocols that meet the
required security and privacy standards issued by the National
Institute of Standards and Technology (NIST). Records are maintained in
a secure, password protected electronic system that utilizes security
hardware and software to include multiple firewalls, active intruder
detection, and role-based access controls. PBGC has adopted appropriate
administrative, technical, and physical controls in accordance with
PBGC's security program to protect the confidentiality, integrity, and
availability of the information, and to ensure that records are not
disclosed to or accessed by unauthorized individuals. Paper records are
kept in file folders in areas of restricted access that are locked
after office hours.
Electronic records are stored on computer networks, which may
include cloud-based systems, and protected by controlled access with
Personal Identity Verification (PIV) cards, assigning user accounts to
individuals needing access to the records and by passwords set by
authorized users that must be changed periodically. Further, for
certain systems covered by this notice, heightened security access is
required. Such access is granted by the specific permissions group
assigned to monitor that particular system and only authorized
employees of the agency may retrieve, review or modify those records.
RECORD ACCESS PROCEDURES:
Individuals, or third parties with written authorization from the
individual, wishing to request access to their records in accordance
with 29 CFR 4902.4, should submit a written request to the Disclosure
Officer, PBGC, 1200 K Street NW, Washington, DC 20005, providing their
name, address, date of birth, and verification of their identity in
accordance with 29 CFR 4902.3(c).
CONTESTING RECORD PROCEDURES:
Individuals, or third parties with written authorization from the
individual, wishing to amend their records must submit a written
request identifying the information they wish to correct in their file,
in addition to following the requirements of the Record Access
Procedure above.
NOTIFICATION PROCEDURES:
Individuals, or third parties with written authorization from the
individual, wishing to learn whether this system of records contains
information about them should submit a written request to the
Disclosure Officer, PBGC, 1200 K Street NW, Washington, DC 20005,
providing their name, address, date of birth, and verification of their
identity in accordance with 29 CFR 4902.3(c).
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
Pursuant to 5 U.S.C. 552a(k)(2), records in this system are exempt
from the requirements of subsections (c)(3), (d), (e)(1), (e)(4) (G),
(H), (I), and (f) of 5 U.S.C. 552a, provided, however, that if any
individual is denied any right, privilege, or benefit that he or she
would otherwise be entitled to by federal law, or for which he or she
would otherwise be eligible, as a result of the maintenance of these
records, such material shall be provided to the individual, except to
the extent that the disclosure of the material would reveal the
identity of a source who furnished information to the Government with
an express promise that the identity of the source would be held in
confidence.
HISTORY:
PBGC-19, Office of General Counsel Case Management System (last
published at 81 FR 63316 (September 14, 2016)).
SYSTEM NAME AND NUMBER
PBGC-21: Reasonable Accommodation Records--PBGC System.
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
Pension Benefit Guaranty Corporation, 1200 K Street NW, Washington,
DC 20005. (Records may be kept at an additional location as backup for
continuity of operations.)
SYSTEM MANAGER(S) AND ADDRESS:
Reasonable Accommodations Coordinator, Human Resources Department,
PBGC, 1200 K Street NW, Washington, DC 20005.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
29 U.S.C. 1302; 44 U.S.C. 3101; 5 U.S.C. 301; 29 U.S.C. 701 et
seq.; 29 U.S.C. 791; 42 U.S.C. 12101 et seq.; 42 U.S.C. Ch. 126; 29 CFR
part 1630; Executive Order 13164 (July 26, 2000); and Executive Order
13548 (July 26, 2010).
PURPOSE(S) OF THE SYSTEM:
The purposes of this system are: (1) To allow PBGC to collect and
maintain records on prospective, current, and former employees with
disabilities who requested or received reasonable accommodation by
PBGC; (2) to track and report the processing of requests for reasonable
accommodation PBGC-wide to comply with applicable law and regulations;
and (3) to and maintain the confidentiality of medical information
submitted by or on behalf of applicants or employees requesting
reasonable accommodation.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Prospective, current, and former employees of PBGC who request and/
or receive a reasonable accommodation for a disability; and, authorized
individuals or representatives (e.g., family members, union
representatives, or attorneys) who submit a request for a reasonable
accommodation on behalf of a prospective, current, or former employee.
CATEGORIES OF RECORDS IN THE SYSTEM:
Name and employment information of current or prospective employee
needing an accommodation; requester's name and contact information (if
different than the employee who needs an accommodation); date request
was initiated; information concerning the nature of the disability and
the need for accommodation, including appropriate medical
documentation; occupational
[[Page 6272]]
series; pay grade; essential duties of the position; details of the
accommodation request, such as: Type of accommodation requested, how
the requested accommodation would assist in job performance, the
sources of technical assistance consulted in trying to identify
alternative reasonable accommodation, any additional information
provided by the requester relating to the processing of the request,
whether the request was approved or denied, whether the accommodation
was approved for a trial period; and, documentation between the
employee and his/her supervisor(s) regarding the accommodation.
RECORD SOURCE CATEGORIES:
Subject individuals; individual making the request (if different
than the subject individuals); medical professionals; and the subject
individuals' supervisor(s).
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSES OF SUCH USES:
Information about covered individuals may be disclosed without
consent as permitted by the Privacy Act of 1974, 5 U.S.C. 522a(b), and:
1. General Routine Uses G1 through G14 apply to this system of
records (see Prefatory Statement of General Routine Uses).
2. A record from this system may be disclosed to physicians or
other medical professionals to provide them with or obtain from them
the necessary medical documentation and/or certification for reasonable
accommodation.
3. A record from this system may be disclosed to another federal
agency or commission with responsibility for labor or employment
relations or other issues, including equal employment opportunity and
reasonable accommodation issues, when that agency or commission has
jurisdiction over reasonable accommodation issues.
4. A record from this system may be disclosed to the Office of
Management and Budget (OMB), Department of Labor (DOL), Office of
Personnel Management (OPM), Equal Employment Opportunity Commission
(EEOC), or Office of Special Counsel (OSC) to obtain advice regarding
statutory, regulatory, policy, and other requirements related to
reasonable accommodation.
5. A record from this system may be disclosed to appropriate third-
parties contracted by the Agency to facilitate mediation or other
dispute resolution procedures or programs.
6. A record from this system may be disclosed to the Department of
Defense (DOD) for purposes of procuring assistive technologies and
services through the Computer/Electronic Accommodation Program in
response to a request for reasonable accommodation.
POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
Records are maintained manually in paper and/or electronic form
(including computer databases or discs). Records may also be maintained
on back-up tapes, or on a PBGC or a contractor-hosted network.
POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
Records are retrieved by any one or more of the following: Employee
name or assigned case number.
POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
Records are maintained and destroyed in accordance with the
National Archives and Record Administration's (NARA) Basic Laws and
Authorities (44 U.S.C. 3301, et seq.) or a PBGC records disposition
schedule approved by NARA. Records existing on paper are destroyed
beyond recognition.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
PBGC has established security and privacy protocols that meet the
required security and privacy standards issued by the National
Institute of Standards and Technology (NIST). Records are maintained in
a secure, password protected electronic system that utilizes security
hardware and software to include multiple firewalls, active intruder
detection, and role-based access controls. PBGC has adopted appropriate
administrative, technical, and physical controls in accordance with
PBGC's security program to protect the confidentiality, integrity, and
availability of the information, and to ensure that records are not
disclosed to or accessed by unauthorized individuals.
Electronic records are stored on computer networks, which may
include cloud-based systems, and protected by controlled access with
Personal Identity Verification (PIV) cards, assigning user accounts to
individuals needing access to the records and by passwords set by
authorized users that must be changed periodically.
RECORD ACCESS PROCEDURES:
Individuals, or third parties with written authorization from the
individual, wishing to request access to their records in accordance
with 29 CFR 4902.4 or to amend records pertaining to themselves in
accordance with 29 CRF 4902.5, should submit a written request to the
Disclosure Officer, PBGC, 1200 K Street NW, Washington, DC 20005,
providing their name, address, date of birth, and verification of their
identity in accordance with 29 CFR 4902.3(c).
CONTESTING RECORD PROCEDURES:
Individuals, or third parties with written authorization from the
individual, wishing to amend their records must submit a written
request identifying the information they wish to correct in their file,
in addition to following the requirements of the Record Access
Procedure above.
NOTIFICATION PROCEDURES:
Individuals, or third parties with written authorization from the
individual, wishing to learn whether this system of records contains
information about them should submit a written request to the
Disclosure Officer, PBGC, 1200 K Street NW, Washington, DC 20005,
providing their name, address, date of birth, and verification of their
identity in accordance with 29 CFR 4902.3(c).
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
None.
HISTORY:
PBGC-21, Reasonable Accommodation Records (last published at 81 FR
63317 (September 14, 2016)).
SYSTEM NAME AND NUMBER
PBGC-22: Telework and Alternative Worksite Records--PBGC.
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
Pension Benefit Guaranty Corporation (PBGC), 1200 K Street NW,
Washington, DC 20005. (Records may be kept at an additional location as
backup for continuity of operations.)
SYSTEM MANAGER(S) AND ADDRESS:
Telework Managing Officer, Human Resources Department, PBGC, 1200 K
Street NW, Washington, DC 20005.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
29 U.S.C. 1302; 44 U.S.C. 3101; 5 U.S.C. 301; 5 U.S.C. 6120.
PURPOSE(S) OF THE SYSTEM:
The purpose of this system of records is to collect and maintain
records on current and former employees who have participated in,
presently participate in, or have sought to participate in PBGC's
Telework Program.
[[Page 6273]]
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Current and former employees of PBGC who have requested to
participate in PBGC's Telework Program in order to work at an
alternative worksite other than their official PBGC duty station.
CATEGORIES OF RECORDS IN THE SYSTEM:
Name, position title, grade, series, and department name; official
PBGC duty station address and telephone number; alternative worksite
address and telephone number(s); date telework agreement received and
approved/denied; telework request and approval form; telework
agreement, self-certification home safety checklist, and supervisor-
employee checklist; type of telework requested (e.g., episodic or
regular); regular work schedule; telework schedule; approvals/
disapprovals; description and list of government-owned equipment and
software provided to the teleworker; mass transit benefits received
through PBGC's mass transit subsidy program; parking subsidies received
through PBGC's subsidized parking program; license plate information;
driver's license; and any other miscellaneous documents supporting
telework.
RECORD SOURCE CATEGORIES:
Subject individuals; subject individuals' supervisors.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSES OF SUCH USES:
Information about covered individuals may be disclosed without
consent as permitted by the Privacy Act of 1974, 5 U.S.C. 522a(b), and:
1. General Routine Uses G1 through G14 apply to this system of
records (see Prefatory Statement of General Routine Uses).
2. A record from this system may be disclosed to federal, state,
tribal or local governments during actual emergencies, exercises, or
continuity of operations tests for the purposes of emergency
preparedness and responding to emergency situations.
3. A record from this system may be disclosed to the Department of
Labor when an employee is injured when working at home while in the
performance of normal duties.
4. A record from this system may be disclosed to the Office of
Personnel Management (OPM) for use in its Telework Survey to provide
consolidated data on participation in PBGC's Telework Program.
5. A record from this system of records may be disclosed to
appropriate third-parties contracted by the Agency to facilitate
mediation or other dispute resolution procedures or programs.
POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
Records are maintained manually in paper and/or electronic form
(including computer databases). Records may also be maintained on back-
up tapes, or on a PBGC or a contractor-hosted network. Also, each of
PBGC's departments has a Telework Liaison who may maintain copies of
the records pertaining to employees working in his or her department.
POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
Records may be retrieved by any one or more of the following:
Employee name, and the department in which the employee works, will
work, or previously worked.
POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
Records are maintained and destroyed in accordance with the
National Archives and Record Administration's (NARA) Basic Laws and
Authorities (44 U.S.C. 3301, et seq.) or a PBGC records disposition
schedule approved by NARA.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
PBGC has established security and privacy protocols that meet the
required security and privacy standards issued by the National
Institute of Standards and Technology (NIST). Records are maintained in
a secure, password protected electronic system that utilizes security
hardware and software to include multiple firewalls, active intruder
detection, and role-based access controls. PBGC has adopted appropriate
administrative, technical, and physical controls in accordance with
PBGC's security program to protect the confidentiality, integrity, and
availability of the information, and to ensure that records are not
disclosed to or accessed by unauthorized individuals.
Electronic records are stored on computer networks, which may
include cloud-based systems, and protected by controlled access with
Personal Identity Verification (PIV) cards, assigning user accounts to
individuals needing access to the records and by passwords set by
authorized users that must be changed periodically.
RECORD ACCESS PROCEDURES:
Individuals, or third parties with written authorization from the
individual, wishing to request access to their records in accordance
with 29 CFR 4902.4, should submit a written request to the Disclosure
Officer, PBGC, 1200 K Street NW, Washington, DC 20005, providing their
name, address, date of birth, and verification of their identity in
accordance with 29 CFR 4902.3(c).
CONTESTING RECORD PROCEDURES:
Individuals, or third parties with written authorization from the
individual, wishing to amend their records must submit a written
request identifying the information they wish to correct in their file,
in addition to following the requirements of the Record Access
Procedure above.
NOTIFICATION PROCEDURES:
Individuals, or third parties with written authorization from the
individual, wishing to learn whether this system of records contains
information about them should submit a written request to the
Disclosure Officer, PBGC, 1200 K Street NW, Washington, DC 20005,
providing their name, address, date of birth, and verification of their
identity in accordance with 29 CFR 4902.3(c).
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
None.
HISTORY:
PBGC-22, Telework and Alternative Worksite Records (last published
at 81 FR 63319 (September 14, 2016)).
SYSTEM NAME AND NUMBER
PBGC-23: Internal Investigations of Allegations of Harassing
Conduct--PBGC.
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
Pension Benefit Guaranty Corporation (PBGC), 1200 K Street NW,
Washington, DC 20005. (Records may be kept at an additional location as
backup for continuity of operations.)
SYSTEM MANAGER(S) AND ADDRESS:
Director, Human Resources Department, PBGC, 1200 K Street NW,
Washington, DC 20005.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
29 U.S.C. 1302; 44 U.S.C. 3101; 5 U.S.C. 301; 42 U.S.C. 2000e, et
seq.
PURPOSE(S) OF THE SYSTEM:
This system of records is maintained for the purpose of upholding
PBGC's policy to prevent and eradicate harassing conduct in the
workplace, including conducting and resolving internal investigations
of allegations of harassing conduct brought by or against PBGC
employees, contractors or interns.
[[Page 6274]]
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Current or former PBGC employees, contractors, and interns who have
filed a complaint, made a report of harassment, or have been accused of
harassing conduct.
CATEGORIES OF RECORDS IN THE SYSTEM:
The system contains all documents related to a complaint or report
of harassment, which may include the name, position, grade, and
supervisor(s) of the complainant and the accused; the complaint;
statements of witnesses; reports of interviews; medical records; final
decisions and corrective actions taken; and related correspondence and
exhibits.
RECORD SOURCE CATEGORIES:
Subject individuals; PBGC supervisors, employees, contractors, and
others with knowledge; outside counsel retained by subject individuals;
and medical professionals.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSES OF SUCH USES:
Information about covered individuals may be disclosed without
consent as permitted by the Privacy Act of 1974, 5 U.S.C. 522a(b), and:
1. General Routine Uses G1 through G14 apply to this system of
records (see Prefatory Statement of General Routine Uses).
2. Disclosure of information from this system of records regarding
the status of any investigation that may have been conducted may be
made to the complaining party and to the individual against whom the
complaint was made when the purpose of the disclosure is both relevant
and necessary and is compatible with the purpose for which the
information was collected.
POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
Records are maintained manually in paper and/or electronic form
(including computer databases or discs). Records may also be maintained
on back-up tapes, or on a PBGC or a contractor-hosted network.
POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
Records are retrieved by any one or more of the following: Name;
department; or unique identifier assigned to each incident reported.
POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
Records are maintained and destroyed in accordance with the
National Archives and Record Administration's (NARA) Basic Laws and
Authorities (44 U.S.C. 3301, et seq.) or a PBGC records disposition
schedule approved by NARA.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
PBGC has established security and privacy protocols that meet the
required security and privacy standards issued by the National
Institute of Standards and Technology (NIST). Records are maintained in
a secure, password protected electronic system that utilizes security
hardware and software to include multiple firewalls, active intruder
detection, and role-based access controls. PBGC has adopted appropriate
administrative, technical, and physical controls in accordance with
PBGC's security program to protect the confidentiality, integrity, and
availability of the information, and to ensure that records are not
disclosed to or accessed by unauthorized individuals.
Paper records are kept in cabinets in areas of restricted access
that are locked after office hours. Electronic records are stored on
computer networks, which may include cloud-based systems, and protected
by controlled access with Personal Identity Verification (PIV) cards,
assigning user accounts to individuals needing access to the records
and by passwords set by authorized users that must be changed
periodically.
RECORD ACCESS PROCEDURES:
Individuals, or third parties with written authorization from the
individual, wishing to request access to their records in accordance
with 29 CFR 4902.4, should submit a written request to the Disclosure
Officer, PBGC, 1200 K Street NW, Washington, DC 20005, providing their
name, address, date of birth, and verification of their identity in
accordance with 29 CFR 4902.3(c).
CONTESTING RECORD PROCEDURES:
Individuals, or third parties with written authorization from the
individual, wishing to amend their records must submit a written
request identifying the information they wish to correct in their file,
in addition to following the requirements of the Record Access
Procedure above.
NOTIFICATION PROCEDURES:
Individuals, or third parties with written authorization from the
individual, wishing to learn whether this system of records contains
information about them should submit a written request to the
Disclosure Officer, PBGC, 1200 K Street NW, Washington, DC 20005,
providing their name, address, date of birth, and verification of their
identity in accordance with 29 CFR 4902.3(c).
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
Pursuant to 5 U.S.C. 552a(k)(2), records in this system are exempt
from the requirements of subsections (c)(3), (d), (e)(1), (e)(4)(G),
(H), (I), and (f) of 5 U.S.C. 552a, provided, however, that if any
individual is denied any right, privilege, or benefit that he or she
would otherwise be entitled to by federal law, or for which he or she
would otherwise be eligible, as a result of the maintenance of these
records, such material shall be provided to the individual, except to
the extent that the disclosure of the material would reveal the
identity of a source who furnished information to the Government with
an express promise that the identity of the source would be held in
confidence.
HISTORY:
PBGC-23, Internal Investigations of Allegations of Harassing
Conduct (last published at 81 FR 63320 (September 14, 2016)).
SYSTEM NAME AND NUMBER
PBGC-24: Participant Debt Collection--PBGC
[RESCINDED]
SYSTEM NAME AND NUMBER
PBGC-25: PBGC.GOV Comment Management System--PBGC.
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
Pension Benefit Guaranty Corporation (PBGC), 1200 K Street NW,
Washington, DC 20005. (Records may be kept at an additional location as
backup for continuity of operations.)
SYSTEM MANAGER(S) AND ADDRESS:
Division Manager, Communications Outreach and Legislative Affairs
Department, PBGC, 1200 K Street NW, Washington, DC 20005.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
29 U.S.C. 1302; 44 U.S.C. 3101; 44 U.S.C. Ch 36; 5 U.S.C. 301; 40
U.S.C. Subchapter II.
PURPOSE(S) OF THE SYSTEM:
The information in this system is maintained to: provide a central
location to search, view, download and comment on federal rulemaking
documents; respond to the public's comments; track regulatory feedback;
and, retain commenter information in order to respond to the public.
[[Page 6275]]
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Any individual commenting on PBGC's rulemaking activities or
submitting supporting materials; any individual initiating contact with
the PBGC through use of the agency website.
CATEGORIES OF RECORDS IN THE SYSTEM:
Comments and supporting documentation from the public (may include
name, email address, physical address, phone numbers, PBGC customer
identification numbers, Social Security numbers, dates of birth, dates
of hire, dates of termination, marital status, pay status); agency
rulemaking materials; Federal Register publications; scientific and
financial studies; IP information; cookies (session and persistent);
and, internet protocol (IP) addresses.
RECORD SOURCE CATEGORIES:
Individuals commenting on agency rulemaking; individuals contacting
PBGC via the agency website.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSES OF SUCH USES:
Information about covered individuals may be disclosed without
consent as permitted by the Privacy Act of 1974, 5 U.S.C. 522a(b), and:
1. General Routine Uses G1 through G14 apply to this system of
records (see Prefatory Statement of General Routine Uses).
2. Information, including personally identifiable information
(PII), contained in comments about agency rulemaking, whether submitted
through pbgc.gov or regulations.gov, may be published to the PBGC
website.
POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
Records are maintained in electronic form (including computer
databases or discs). Records may also be maintained on back-up tapes,
or on a PBGC or a contractor-hosted network.
POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
Information from this system may be retrieved by numerous data
elements and key word searches, including, but not limited to name,
dates, subject, and other information retrievable with full-text
searching capability.
POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
Records are maintained and destroyed in accordance with the
National Archives and Record Administration's (NARA) Basic Laws and
Authorities (44 U.S.C. 3301, (et seq.) or a PBGC records disposition
schedule approved by NARA.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
PBGC has established security and privacy protocols that meet the
required security and privacy standards issued by the National
Institute of Standards and Technology (NIST). Records are maintained in
a secure, password protected electronic system that utilizes security
hardware and software to include multiple firewalls, active intruder
detection, and role-based access controls. PBGC has adopted appropriate
administrative, technical, and physical controls in accordance with
PBGC's security program to protect the confidentiality, integrity, and
availability of the information, and to ensure that records are not
disclosed to or accessed by unauthorized individuals.
Electronic records are stored on computer networks, which may
include cloud-based systems, and protected by controlled access with
Personal Identity Verification (PIV) cards, assigning user accounts to
individuals needing access to the records and by passwords set by
authorized users that must be changed periodically.
RECORD ACCESS PROCEDURES:
Individuals, or third parties with written authorization from the
individual, wishing to request access to their records in accordance
with 29 CFR 4902.4, should submit a written request to the Disclosure
Officer, PBGC, 1200 K Street NW, Washington, DC 20005, providing their
name, address, date of birth, and verification of their identity in
accordance with 29 CFR 4902.3(c).
CONTESTING RECORD PROCEDURES:
Individuals, or third parties with written authorization from the
individual, wishing to amend their records must submit a written
request identifying the information they wish to correct in their file,
in addition to following the requirements of the Record Access
Procedure above.
NOTIFICATION PROCEDURES:
Individuals, or third parties with written authorization from the
individual, wishing to learn whether this system of records contains
information about them should submit a written request to the
Disclosure Officer, PBGC, 1200 K Street NW, Washington, DC 20005,
providing their name, address, date of birth, and verification of their
identity in accordance with 29 CFR 4902.3(c).
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
None.
HISTORY:
None.
[FR Doc. 2018-02882 Filed 2-12-18; 8:45 am]
BILLING CODE 7709-02-P