Privacy Act of 1974; System of Records., 7721-7723 [2018-03653]
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Federal Register / Vol. 83, No. 36 / Thursday, February 22, 2018 / Notices
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colleges and universities,4 and referral
unions.5
This burden assessment is based on
an estimate of the number of job
applications submitted to all Title VIIcovered employers in one year,
including paper-based and electronic
applications. The total number of job
applications submitted every year to
covered employers is estimated to be
1,878,031,768, based on a National
Organizations Survey 6 average of
approximately 35 applications 7 for
every hire and a Bureau of Labor
Statistics data estimate of 62,719,000
annual hires.8 This figure also includes
146,506 applicants for union
membership reported on the EEO–3
form for 2016.
The employer burden associated with
collecting and storing applicant
demographic data is based on the
following assumptions: Applicants
would need to be asked to provide three
pieces of information—sex, race/
ethnicity, and an identification number
(a total of approximately 13 keystrokes);
the employer would need to transfer
information received to a database
either manually or electronically; and
the employer would need to store the 13
characters of information for each
applicant. Recordkeeping costs and
burden are assumed to be the time cost
associated with entering 13 keystrokes.
Assuming that the required
recordkeeping takes 30 seconds per
record, and assuming a total of
1,878,031,768 paper and electronic
applications per year (as calculated
above), the total UGESP burden hours
for all employers would be 7,825,132.
Based on a wage rate of $15.21 per hour
for the individuals entering the data, the
collection and storage of applicant
demographic data would come to
approximately $119,020,258 per year for
all Title VII-covered employers. We
4 Source: U.S. Department of Education, National
Center for Education Statistics, IPEDS, Fall 2015.
Number and percentage distribution of Title IV
institutions, by control of institution, level of
institution, and region: United States and other U.S.
jurisdictions, academic year 2015–1 (https://
nces.ed.gov/pubsearch/pubsinfo.asp?
pubid=2016122rev).
5 EEO–3 Reports filed by referral unions in 2016
with EEOC.
6 The National Organizations Survey is a survey
of business organizations across the United States
in which the unit of analysis is the actual
workplace (https://www.icpsr.umich.edu/icpsrweb/
ICPSR/studies/04074).
7 The number of applications provided by NOS is
35.225 and therefore calculations will not result in
the same total amount due to rounding.
8 Bureau of Labor Statistics Job Openings and
Labor Turnover Survey, 2016 annual level data (Not
seasonally adjusted), (https://www.bls.gov/jlt/
data.htm) is the source of the original data. The BLS
figure (62,719,000) has been adjusted to only
include hires by firms with 15 or more employees.
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expect that the foregoing assumptions
are over-inclusive, because many
employers have electronic job
application processes that should be
able to capture applicant flow data
automatically.
However, the average burden per
employer is relatively small. As stated
above, we estimate that UGESP applies
to 961,709 employers. Therefore, the
cost per covered employer is less than
$124 each ($119,020,258 divided by
961,709 is equal to $123.76).
Additionally, UGESP allows for
simplified recordkeeping for employers
with more than 15 but less than 100
employees.9
For the Commission.
Dated: February 15, 2018.
Victoria A. Lipnic,
Acting Chair.
[FR Doc. 2018–03643 Filed 2–21–18; 8:45 am]
BILLING CODE 6570–01–P
FEDERAL COMMUNICATIONS
COMMISSION
Privacy Act of 1974; System of
Records.
Federal Communications
Commission.
ACTION: Notice of a modified system of
records.
AGENCY:
The Federal Communications
Commission (FCC or Commission or
Agency) has modified an existing
system of records, FCC/OGC–3,
Adjudication of Internal Complaints
against Employees, subject to the
Privacy Act of 1974, as amended. This
action is necessary to meet the
requirements of the Privacy Act to
publish in the Federal Register notice of
the existence and character of records
maintained by the Agency. The Office of
the General Counsel (OGC) uses the
personally identifiable information (PII)
in this system for purposes that include,
but are not limited to settlement
negotiations with opposing parties and
to prepare for litigation before an
administrative body or a court of
appropriate jurisdiction.
SUMMARY:
9 See 29 CFR 1607.15A(1): Simplified
recordkeeping for users with less than 100
employees. In order to minimize recordkeeping
burdens on employers who employ one hundred
(100) or fewer employees, and other users not
required to file EEO–1, et seq., reports, such users
may satisfy the requirements of this section 15 if
they maintain and have available records showing,
for each year: (a) The number of persons hired,
promoted, and terminated for each job, by sex, and
where appropriate by race and national origin; (b)
the number of applicants for hire and promotion by
sex and where appropriate by race and national
origin; and (c) the selection procedures utilized
(either standardized or not standardized).
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This action will become effective
on February 22, 2018. The routine uses
in this action will become effective on
March 26, 2018 unless comments are
received that require a contrary
determination.
ADDRESSES: Send comments to Leslie F.
Smith, Privacy Manager, Information
Technology (IT), Room 1–C216, Federal
Communications Commission, 445 12th
Street SW, Washington, DC 20554, or to
Leslie.Smith@fcc.gov.
FOR FURTHER INFORMATION CONTACT:
Leslie F. Smith, (202) 418–0217, or
Leslie.Smith@fcc.gov (and to obtain a
copy of the Narrative Statement and the
Supplementary Document, which
includes details of the proposed
alterations to this system of records).
SUPPLEMENTARY INFORMATION: This
notice serves to update and amend FCC/
OGC–3, Adjudication of Internal
Complaints against Employees, as a
result of an increased use of electronic
information technology. The substantive
changes and modifications to the
previously published version of the
FCC/OGC–3 system of records include:
1. Updating the language in the
Security Classification to follow with
OMB guidance.
2. Minor changes to the Purposes,
Categories of Individuals, and
Categories of Records to be consistent
the language and phrasing now used in
the FCC’s SORNs.
3. Deletion of two routine uses: (2)
Public Access since releases under the
FOIA are covered by 5 U.S.C. 552a(b)(2),
so a separate routine use for them is not
needed; and (6) Employment,
Clearances, Licensing, Contract, Grant,
or other Benefits Decisions by other
than the agency, and its replacement
with a new routine use: (5) For Certain
Disclosures to Other Agencies to make
information available to another Federal
agency.
4. Updating language and/or
renumbering seven routine uses: (1)
Adjudication and Litigation; (2) Law
Enforcement and Investigation; (3)
Congressional Inquiries; (4)
Government-wide Program Management
and Oversight; (6) Employment,
Clearances, Licensing, Contract, Grant,
or other Benefits Decisions by the FCC;
and (7) Labor Relations.
5. Adding three other new routine
uses: (8) Breach Notification to address
the Commission’s real or suspected data
breach situations; (9) Assistance to
Federal Agencies and Entities for
assistance with other Federal agencies’
data breach situations; and (10) For
Non-Federal Personnel to allow
contractors performing or working on a
contract for the Federal Government
DATES:
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Federal Register / Vol. 83, No. 36 / Thursday, February 22, 2018 / Notices
access to information. Routine Uses (8)
and (9) are required by OMB
Memorandum m–17–12.
The system of records is also updated
to reflect various administrative changes
related to the system managers and
system addresses; policy and practices
for storage, retrieval, and retention and
disposal of the records; administrative,
technical, and physical safeguards; and
updated notification, records access,
and contesting records procedures.
(a) Individuals filing such claims; the
individuals who are the subjects of such
claims;
(b) Attorneys or representatives of the
claimants and the subjects of the claims;
(c) Communication between FCC
organizational units; and
(d) Investigative materials and related
documentation and decisions involved
in but not limited to appeals,
amendments, and litigation concerning
such claims.
System Name and Number
ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES OF USERS AND
THE PURPOSES OF SUCH USES:
FCC/OGC–3, Adjudication of Internal
Complaints against Employees.
SECURITY CLASSIFICATION:
No information in this system is
classified.
SYSTEM LOCATION:
Office of General Counsel (OGC),
Federal Communications Commission
(FCC), 445 12th Street SW, Washington,
DC 20554.
SYSTEM MANAGER(S) AND ADDRESS:
Office of General Counsel (OGC),
Federal Communications Commission
(FCC), 445 12th Street SW, Washington,
DC 20554.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
5 U.S.C. 301.
PURPOSE(S) OF THE SYSTEM:
Staff attorneys in the Office of General
Counsel (OGC) use these records for
purposes including, but not limited to
settlement negotiations with opposing
parties and to prepare for litigation
before an administrative body or a court
of appropriate jurisdiction.
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
Any FCC employee who files or is the
subject of a complaint investigation
involving internal personnel actions or
activities, which include but are not
limited to discrimination, grievance,
political activity, separation, or adverse
action.
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CATEGORIES OF RECORDS IN THE SYSTEM:
Information in this system of records
involves internal personnel disputes
that have reached the litigation stage,
and may include but are not limited to
correspondence, memoranda,
transcripts of hearings, briefs, pleadings,
investigative reports, and decisions of
hearing examiners and Commissioners.
RECORD SOURCE CATEGORIES:
The sources for the information in
this system of records include but are
not limited to:
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In addition to those disclosures
generally permitted under 5 U.S.C.
552a(b) of the Privacy Act, all or a
portion of the records or information
contained in this system may be
disclosed to authorized entities, as is
determined to be relevant and
necessary, outside the FCC as a routine
use pursuant to 5 U.S.C. 552a(b)(3) as
follows. In each of these cases, the FCC
will determine whether disclosure of
the records is compatible with the
purpose(s) for which the records were
collected:
1. Adjudication and Litigation—To
disclose information to the Department
of Justice (DOJ), or other administrative
body before which the FCC is
authorized to appear, when: (a) The FCC
or any component thereof; (b) any
employee of the FCC in his or her
official capacity; (c) any employee of the
FCC in his or her individual capacity
where DOJ or the FCC has agreed to
represent the employee; or (d) the
United States is a party to litigation or
has an interest in such litigation, and
the use of such records by DOJ or the
FCC is deemed by the FCC to be
relevant and necessary to the litigation.
2. Law Enforcement and
Investigation—To disclose pertinent
information to the appropriate Federal,
State, or local agency responsible for
investigating, prosecuting, enforcing, or
implementing a statute, rule, regulation,
or order, where the FCC becomes aware
of an indication of a violation or
potential violation of civil or criminal
law or regulation.
3. Congressional Inquiries—To
provide information to a congressional
office from the record of an individual
in response to an inquiry from that
congressional office made at the request
of that individual.
4. Government-wide Program
Management and Oversight—To
disclose information to the National
Archives and Records Administration
(NARA) for use in its records
management inspections; to the
Government Accountability Office
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(GAO) for oversight purposes; to the
Department of Justice (DOJ) to obtain
that department’s advice regarding
disclosure obligations under the
Freedom of Information Act (FOIA); or
to the Office of Management and Budget
(OMB) to obtain that office’s advice
regarding obligations under the Privacy
Act.
5. For Certain Disclosures to Other
Federal Agencies—To disclose
information to a Federal agency, 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 suitability
or security 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.
6. Employment, Clearances,
Licensing, Contract, Grant, or other
Benefits Decisions by the Agency—To
disclose information to a Federal, State,
local, foreign, tribal, or other public
agency or authority maintaining civil,
criminal, or other relevant enforcement
records, or other pertinent records, or to
another public authority or professional
organization, if necessary to obtain
information relevant to an investigation
concerning the hiring or retention of an
employee or other personnel action, the
issuance or retention of a security
clearance, the classifying of jobs, the
letting of a contract, or the issuance or
retention of a license, grant, or other
benefit by the Commission, to the extent
that the information is relevant and
necessary to the requesting agency’s
decisions on the matter.
7. Labor Relations—To disclose
information to officials of labor
organizations recognized under 5 U.S.C.
Chapter 71 upon receipt of a formal
request and in accord with the
conditions of 5 U.S.C. 7114 when
relevant and necessary to their duties of
exclusive representation concerning
personnel policies, practices, and
matters affecting working conditions.
8. Breach Notification—To
appropriate agencies, entities, and
persons when: (a) The Commission
suspects or has confirmed that there has
been a breach of the system of records;
(b) the Commission has determined that
as a result of the suspected or confirmed
breach there is a risk of harm to
individuals, the Commission (including
its information systems, programs, and
operations), the Federal Government, or
national security; and (c) the disclosure
made to such agencies, entities, and
persons is reasonably necessary to assist
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Federal Register / Vol. 83, No. 36 / Thursday, February 22, 2018 / Notices
in connection with the Commission’s
efforts to respond to the suspected or
confirmed breach or to prevent,
minimize, or remedy such harm.
9. Assistance to Federal Agencies and
Entities—To another Federal agency or
Federal entity, when the Commission
determines that information from this
system is reasonably necessary to assist
the recipient agency or entity in: (a)
Responding to a suspected or confirmed
breach or (b) preventing, minimizing, or
remedying the risk of harm to
individuals, the recipient agency or
entity (including its information
systems, program, and operations), the
Federal Government, or national
security, resulting from a suspected or
confirmed breach.
10. For Non-Federal Personnel—To
disclose information to contractors
performing or working on a contract for
the Federal Government.
REPORTING TO A CONSUMER REPORTING AGENCY:
In addition to the routine uses cited
above, the Commission may share
information from this system of records
with a consumer reporting agency
regarding an individual who has not
paid a valid and overdue debt owed to
the Commission, following the
procedures set out in the Debt
Collection Act, 31 U.S.C. 3711(e).
POLICIES AND PRACTICES FOR STORING OF
RECORDS:
Information in this system includes
both paper and electronic records. The
paper records, documents, and files are
maintained in file cabinets that are
located in OGC and in the bureaus and
offices (B/Os) of the FCC staff who
provide the responses to such claims.
The electronic records, files, and data
are stored in the FCC’s computer
network.
POLICIES AND PRACTICES FOR RETRIEVAL OF
RECORDS:
Records are retrieved by the name of
the subject individual in the
investigation.
daltland on DSKBBV9HB2PROD with NOTICES
POLICIES AND PRACTICES FOR RETENTION AND
DISPOSAL OF RECORDS:
Records are retained and disposed of
in accordance with the agency records
control schedules NC1–173–84–05, Item
3 and N1–173–91–001, Item 6, both of
which have been approved by the
National Archives and Records
Administration (NARA).
B/O file cabinets are locked at the end
of the business day. Access to these
office suites is through card-coded main
doors. Only authorized OGC and B/O
supervisors and staff who are
responsible for responding to these
claims, have access to these paper
records.
The electronic records, files, and data
are housed in the FCC’s computer
network. Access to the electronic files is
restricted to OGC and B/O staff who are
responsible for responding to such
claims, and to the IT staff and
contractors who maintain the FCC’s
computer network. Other FCC
employees and contractors may be
granted access on a ‘‘need-to-know’’
basis. The FCC’s computer network
databases are protected by the FCC’s IT
privacy safeguards, a comprehensive
and dynamic set of IT safety and
security protocols and features that are
designed to meet all Federal IT privacy
standards, including those required by
the National Institute of Standards and
Technology (NIST) and the Federal
Information Security Modernization Act
of 2014 (FISMA).
Individuals wishing to determine
whether this system of records contains
information about them may do so by
writing to Leslie F. Smith, Privacy
Manager, Information Technology,
Federal Communications Commission,
445 12th Street SW, Washington, DC
20554, or email Leslie.Smith@fcc.gov.
Individuals must furnish reasonable
identification by showing any two of the
following: Social security card; driver’s
license; employee identification card;
Medicare card; birth certificate; bank
credit card; or other positive means of
identification, or by signing an identity
statement stipulating that knowingly or
willfully seeking or obtaining access to
records about another person under
false pretenses is punishable by a fine
of up to $5,000.
Individuals requesting access must
also comply with the FCC’s Privacy Act
regulations regarding verification of
identity and access to records (47 CFR
part 0, subpart E).
RECORD ACCESS PROCEDURE:
Individuals wishing to request access
to and/or amendment of records about
them should follow the Notification
Procedure above.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL
SAFEGUARDS:
CONTESTING RECORD PROCEDURE:
The file cabinets containing paper
records in this system are maintained in
file cabinets in ‘‘non-public’’ rooms in
the OGC and B/O suites. The OGC and
Individuals wishing to request an
amendment of records about them
should follow the Notification
Procedure above.
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EXEMPTIONS PROMULGATED FOR THE SYSTEM:
None.
HISTORY:
The FCC last gave full notice of this
system of records, FCC/OGC–3,
Adjudication of Internal Complaints
against Employees, by publication in the
Federal Register on April 5, 2006 (71 FR
17234, 17243).
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
[FR Doc. 2018–03653 Filed 2–21–18; 8:45 am]
BILLING CODE 6712–01–P
FEDERAL COMMUNICATIONS
COMMISSION
[OMB 3060–0686]
Information Collection Being
Submitted to the Office of Management
and Budget
Federal Communications
Commission.
ACTION: Notice and request for
comments.
AGENCY:
As part of its continuing effort
to reduce paperwork burdens, and as
required by the Paperwork Reduction
Act (PRA) of 1995, the Federal
Communications Commission
(Commission) invites the general public
and other Federal agencies to take this
opportunity to comment on the
following information collection.
Comments are requested concerning:
Whether the collection of information is
necessary for the proper performance of
the functions of the Commission,
including whether the information shall
have practical utility; the accuracy of
the Commission’s burden estimate;
ways to enhance the quality, utility, and
clarity of the information collected;
ways to minimize the burden of the
collection of information on the
respondents, including the use of
automated collection techniques or
other forms of information technology;
and ways to further reduce the
information collection burden on small
business concerns with fewer than 25
employees.
The Commission may not conduct or
sponsor a collection of information
unless it displays a currently valid
control number. No person shall be
subject to any penalty for failing to
comply with a collection of information
subject to the PRA that does not display
a valid Office of Management and
Budget (OMB) control number.
DATES: Written PRA comments should
be submitted on or before March 23,
2018.
SUMMARY:
NOTIFICATION PROCESS:
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]]>Agencies
[Federal Register Volume 83, Number 36 (Thursday, February 22, 2018)]
[Notices]
[Pages 7721-7723]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-03653]
=======================================================================
-----------------------------------------------------------------------
FEDERAL COMMUNICATIONS COMMISSION
Privacy Act of 1974; System of Records.
AGENCY: Federal Communications Commission.
ACTION: Notice of a modified system of records.
-----------------------------------------------------------------------
SUMMARY: The Federal Communications Commission (FCC or Commission or
Agency) has modified an existing system of records, FCC/OGC-3,
Adjudication of Internal Complaints against Employees, subject to the
Privacy Act of 1974, as amended. This action is necessary to meet the
requirements of the Privacy Act to publish in the Federal Register
notice of the existence and character of records maintained by the
Agency. The Office of the General Counsel (OGC) uses the personally
identifiable information (PII) in this system for purposes that
include, but are not limited to settlement negotiations with opposing
parties and to prepare for litigation before an administrative body or
a court of appropriate jurisdiction.
DATES: This action will become effective on February 22, 2018. The
routine uses in this action will become effective on March 26, 2018
unless comments are received that require a contrary determination.
ADDRESSES: Send comments to Leslie F. Smith, Privacy Manager,
Information Technology (IT), Room 1-C216, Federal Communications
Commission, 445 12th Street SW, Washington, DC 20554, or to
[email protected].
FOR FURTHER INFORMATION CONTACT: Leslie F. Smith, (202) 418-0217, or
[email protected] (and to obtain a copy of the Narrative Statement
and the Supplementary Document, which includes details of the proposed
alterations to this system of records).
SUPPLEMENTARY INFORMATION: This notice serves to update and amend FCC/
OGC-3, Adjudication of Internal Complaints against Employees, as a
result of an increased use of electronic information technology. The
substantive changes and modifications to the previously published
version of the FCC/OGC-3 system of records include:
1. Updating the language in the Security Classification to follow
with OMB guidance.
2. Minor changes to the Purposes, Categories of Individuals, and
Categories of Records to be consistent the language and phrasing now
used in the FCC's SORNs.
3. Deletion of two routine uses: (2) Public Access since releases
under the FOIA are covered by 5 U.S.C. 552a(b)(2), so a separate
routine use for them is not needed; and (6) Employment, Clearances,
Licensing, Contract, Grant, or other Benefits Decisions by other than
the agency, and its replacement with a new routine use: (5) For Certain
Disclosures to Other Agencies to make information available to another
Federal agency.
4. Updating language and/or renumbering seven routine uses: (1)
Adjudication and Litigation; (2) Law Enforcement and Investigation; (3)
Congressional Inquiries; (4) Government-wide Program Management and
Oversight; (6) Employment, Clearances, Licensing, Contract, Grant, or
other Benefits Decisions by the FCC; and (7) Labor Relations.
5. Adding three other new routine uses: (8) Breach Notification to
address the Commission's real or suspected data breach situations; (9)
Assistance to Federal Agencies and Entities for assistance with other
Federal agencies' data breach situations; and (10) For Non-Federal
Personnel to allow contractors performing or working on a contract for
the Federal Government
[[Page 7722]]
access to information. Routine Uses (8) and (9) are required by OMB
Memorandum m-17-12.
The system of records is also updated to reflect various
administrative changes related to the system managers and system
addresses; policy and practices for storage, retrieval, and retention
and disposal of the records; administrative, technical, and physical
safeguards; and updated notification, records access, and contesting
records procedures.
System Name and Number
FCC/OGC-3, Adjudication of Internal Complaints against Employees.
SECURITY CLASSIFICATION:
No information in this system is classified.
SYSTEM LOCATION:
Office of General Counsel (OGC), Federal Communications Commission
(FCC), 445 12th Street SW, Washington, DC 20554.
SYSTEM MANAGER(S) AND ADDRESS:
Office of General Counsel (OGC), Federal Communications Commission
(FCC), 445 12th Street SW, Washington, DC 20554.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
5 U.S.C. 301.
PURPOSE(S) OF THE SYSTEM:
Staff attorneys in the Office of General Counsel (OGC) use these
records for purposes including, but not limited to settlement
negotiations with opposing parties and to prepare for litigation before
an administrative body or a court of appropriate jurisdiction.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Any FCC employee who files or is the subject of a complaint
investigation involving internal personnel actions or activities, which
include but are not limited to discrimination, grievance, political
activity, separation, or adverse action.
CATEGORIES OF RECORDS IN THE SYSTEM:
Information in this system of records involves internal personnel
disputes that have reached the litigation stage, and may include but
are not limited to correspondence, memoranda, transcripts of hearings,
briefs, pleadings, investigative reports, and decisions of hearing
examiners and Commissioners.
RECORD SOURCE CATEGORIES:
The sources for the information in this system of records include
but are not limited to:
(a) Individuals filing such claims; the individuals who are the
subjects of such claims;
(b) Attorneys or representatives of the claimants and the subjects
of the claims;
(c) Communication between FCC organizational units; and
(d) Investigative materials and related documentation and decisions
involved in but not limited to appeals, amendments, and litigation
concerning such claims.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSES OF SUCH USES:
In addition to those disclosures generally permitted under 5 U.S.C.
552a(b) of the Privacy Act, all or a portion of the records or
information contained in this system may be disclosed to authorized
entities, as is determined to be relevant and necessary, outside the
FCC as a routine use pursuant to 5 U.S.C. 552a(b)(3) as follows. In
each of these cases, the FCC will determine whether disclosure of the
records is compatible with the purpose(s) for which the records were
collected:
1. Adjudication and Litigation--To disclose information to the
Department of Justice (DOJ), or other administrative body before which
the FCC is authorized to appear, when: (a) The FCC or any component
thereof; (b) any employee of the FCC in his or her official capacity;
(c) any employee of the FCC in his or her individual capacity where DOJ
or the FCC has agreed to represent the employee; or (d) the United
States is a party to litigation or has an interest in such litigation,
and the use of such records by DOJ or the FCC is deemed by the FCC to
be relevant and necessary to the litigation.
2. Law Enforcement and Investigation--To disclose pertinent
information to the appropriate Federal, State, or local agency
responsible for investigating, prosecuting, enforcing, or implementing
a statute, rule, regulation, or order, where the FCC becomes aware of
an indication of a violation or potential violation of civil or
criminal law or regulation.
3. Congressional Inquiries--To provide information to a
congressional office from the record of an individual in response to an
inquiry from that congressional office made at the request of that
individual.
4. Government-wide Program Management and Oversight--To disclose
information to the National Archives and Records Administration (NARA)
for use in its records management inspections; to the Government
Accountability Office (GAO) for oversight purposes; to the Department
of Justice (DOJ) to obtain that department's advice regarding
disclosure obligations under the Freedom of Information Act (FOIA); or
to the Office of Management and Budget (OMB) to obtain that office's
advice regarding obligations under the Privacy Act.
5. For Certain Disclosures to Other Federal Agencies--To disclose
information to a Federal agency, 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 suitability or security
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.
6. Employment, Clearances, Licensing, Contract, Grant, or other
Benefits Decisions by the Agency--To disclose information to a Federal,
State, local, foreign, tribal, or other public agency or authority
maintaining civil, criminal, or other relevant enforcement records, or
other pertinent records, or to another public authority or professional
organization, if necessary to obtain information relevant to an
investigation concerning the hiring or retention of an employee or
other personnel action, the issuance or retention of a security
clearance, the classifying of jobs, the letting of a contract, or the
issuance or retention of a license, grant, or other benefit by the
Commission, to the extent that the information is relevant and
necessary to the requesting agency's decisions on the matter.
7. Labor Relations--To disclose information to officials of labor
organizations recognized under 5 U.S.C. Chapter 71 upon receipt of a
formal request and in accord with the conditions of 5 U.S.C. 7114 when
relevant and necessary to their duties of exclusive representation
concerning personnel policies, practices, and matters affecting working
conditions.
8. Breach Notification--To appropriate agencies, entities, and
persons when: (a) The Commission suspects or has confirmed that there
has been a breach of the system of records; (b) the Commission has
determined that as a result of the suspected or confirmed breach there
is a risk of harm to individuals, the Commission (including its
information systems, programs, and operations), the Federal Government,
or national security; and (c) the disclosure made to such agencies,
entities, and persons is reasonably necessary to assist
[[Page 7723]]
in connection with the Commission's efforts to respond to the suspected
or confirmed breach or to prevent, minimize, or remedy such harm.
9. Assistance to Federal Agencies and Entities--To another Federal
agency or Federal entity, when the Commission determines that
information from this system is reasonably necessary to assist the
recipient agency or entity in: (a) Responding to a suspected or
confirmed breach or (b) preventing, minimizing, or remedying the risk
of harm to individuals, the recipient agency or entity (including its
information systems, program, and operations), the Federal Government,
or national security, resulting from a suspected or confirmed breach.
10. For Non-Federal Personnel--To disclose information to
contractors performing or working on a contract for the Federal
Government.
REPORTING TO A CONSUMER REPORTING AGENCY:
In addition to the routine uses cited above, the Commission may
share information from this system of records with a consumer reporting
agency regarding an individual who has not paid a valid and overdue
debt owed to the Commission, following the procedures set out in the
Debt Collection Act, 31 U.S.C. 3711(e).
POLICIES AND PRACTICES FOR STORING OF RECORDS:
Information in this system includes both paper and electronic
records. The paper records, documents, and files are maintained in file
cabinets that are located in OGC and in the bureaus and offices (B/Os)
of the FCC staff who provide the responses to such claims. The
electronic records, files, and data are stored in the FCC's computer
network.
POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
Records are retrieved by the name of the subject individual in the
investigation.
POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
Records are retained and disposed of in accordance with the agency
records control schedules NC1-173-84-05, Item 3 and N1-173-91-001, Item
6, both of which have been approved by the National Archives and
Records Administration (NARA).
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
The file cabinets containing paper records in this system are
maintained in file cabinets in ``non-public'' rooms in the OGC and B/O
suites. The OGC and B/O file cabinets are locked at the end of the
business day. Access to these office suites is through card-coded main
doors. Only authorized OGC and B/O supervisors and staff who are
responsible for responding to these claims, have access to these paper
records.
The electronic records, files, and data are housed in the FCC's
computer network. Access to the electronic files is restricted to OGC
and B/O staff who are responsible for responding to such claims, and to
the IT staff and contractors who maintain the FCC's computer network.
Other FCC employees and contractors may be granted access on a ``need-
to-know'' basis. The FCC's computer network databases are protected by
the FCC's IT privacy safeguards, a comprehensive and dynamic set of IT
safety and security protocols and features that are designed to meet
all Federal IT privacy standards, including those required by the
National Institute of Standards and Technology (NIST) and the Federal
Information Security Modernization Act of 2014 (FISMA).
NOTIFICATION PROCESS:
Individuals wishing to determine whether this system of records
contains information about them may do so by writing to Leslie F.
Smith, Privacy Manager, Information Technology, Federal Communications
Commission, 445 12th Street SW, Washington, DC 20554, or email
[email protected].
Individuals must furnish reasonable identification by showing any
two of the following: Social security card; driver's license; employee
identification card; Medicare card; birth certificate; bank credit
card; or other positive means of identification, or by signing an
identity statement stipulating that knowingly or willfully seeking or
obtaining access to records about another person under false pretenses
is punishable by a fine of up to $5,000.
Individuals requesting access must also comply with the FCC's
Privacy Act regulations regarding verification of identity and access
to records (47 CFR part 0, subpart E).
RECORD ACCESS PROCEDURE:
Individuals wishing to request access to and/or amendment of
records about them should follow the Notification Procedure above.
CONTESTING RECORD PROCEDURE:
Individuals wishing to request an amendment of records about them
should follow the Notification Procedure above.
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
None.
HISTORY:
The FCC last gave full notice of this system of records, FCC/OGC-3,
Adjudication of Internal Complaints against Employees, by publication
in the Federal Register on April 5, 2006 (71 FR 17234, 17243).
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
[FR Doc. 2018-03653 Filed 2-21-18; 8:45 am]
BILLING CODE 6712-01-P
