Privacy Act of 1974; System of Records., 3163-3165 [2019-01800]

Agencies

• FEDERAL COMMUNICATIONS COMMISSION

[Federal Register Volume 84, Number 28 (Monday, February 11, 2019)]
[Notices]
[Pages 3163-3165]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-01800]


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FEDERAL COMMUNICATIONS COMMISSION


Privacy Act of 1974; System of Records.

AGENCY: Federal Communications Commission.

ACTION: Notice of a modified system of records.

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SUMMARY: The Federal Communications Commission (FCC, Commission, or 
Agency) has modified an existing system of records, FCC/OWD-1, 
Reasonable Accommodation Requests, 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 FCC's Office of 
Workforce Diversity (OWD) uses this system to provide a method by which 
the FCC can identify Commission employees who have requested 
``reasonable accommodations'' in their office, work stations, use other 
FCC facilities, and/or to access other benefits and privileges of 
employment. Information on the disposition of each request is also 
maintained in this system.

DATES: This action will become effective on February 11, 2019. Written 
comments on the system's routine uses are due by March 13, 2019. The 
routine uses in this action will become effective on March 13, 2019 
unless written 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 
modifications to this system of records).

SUPPLEMENTARY INFORMATION: This notice serves to update and modify FCC/
OWD-1 as a result of the various necessary changes and updates, 
including an increased use of information technology. The substantive 
changes and modifications to the previously published version of the 
FCC/OWD-1 system of records include:
    1. Updating the language in the Security Classification to follow 
OMB guidance.
    2. Adding information to the Purposes to note that the ``request 
for reasonable accommodation'' also includes access to other benefits 
and privileges of employment.
    3. Minor changes to the language in the Categories of Individuals 
to be consistent with the language and phrasing now used in the FCC's 
SORNs.
    4. Adding the new or revised information that OWD will obtain from 
FCC Forms 5626 and 5627 as well as minor changes to the language in the 
Categories of Records to be consistent with the language and phrasing 
now used in the FCC's SORNs.
    5. Updating and/or revising language in five routine uses: (1) 
Adjudication and Litigation; (2) Law Enforcement and Investigation; (3) 
Congressional Inquiries; (4) Government-wide Program Management and 
Oversight; and (5) Labor Relations.
    6. Adding three new routine uses: (6) Breach Notification to 
address the Commission's real or suspected data breach situations; (7) 
Assistance to Federal Agencies and Entities for assistance with other 
Federal agencies' data breach situations; and (8) For Non-Federal 
Personnel to allow contractors performing or working on a contract for 
the Federal Government access to information. Routine Uses (6) and (7) 
are required by OMB Memorandum m-17-12.
    7. Adding two new sections: (a) Reporting to a Consumer Reporting 
Agency to address valid and overdue debts owed by individuals to the 
FCC under the Debt Collection Act, as recommended by OMB; and (b) 
History to reference the previous publication of this SORN in the 
Federal Register.

[[Page 3164]]

    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 and retrieval of the 
information; administrative, technical, and physical safeguards; and 
updated notification, records access, and contesting records 
procedures.
SYSTEM NAME AND NUMBER

FCC/OWD-1, Reasonable Accommodation Requests.

SECURITY CLASSIFICATION:
    Unclassified.

SYSTEM LOCATION:
    Office of Workplace Diversity (OWD), 445 12th Street SW, Federal 
Communications Commission (FCC), Washington, DC 20554.

SYSTEM MANAGER(S):
    Office of Workplace Diversity (OWD), 445 12th Street SW, Federal 
Communications Commission (FCC), Washington, DC 20554; and/or Security 
Operations Center, Federal Communications Commission (FCC), 445 12th 
Street SW, Washington, DC 20554.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    Executive Order (E.O.) 13164, Establishing Procedures to Facilitate 
the Provision of Reasonable Accommodation; EEOC, Enforcement Guidance 
on Reasonable Accommodation and Undue Hardship Under the Americans with 
Disabilities Act, 29 CFR part 1615; Rehabilitation Act of 1973, 29 
U.S.C. 12101 et seq.; 29 CFR 1630.

PURPOSE(S) OF THE SYSTEM:
    This system provides a method by which the FCC can identify 
Commission employees who have requested ``reasonable accommodations'' 
in their office, work stations, other FCC facilities, and/or to access 
other benefits and privileges of employment. Information on the 
disposition of each request is also maintained in this system.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    The categories of records in this system are FCC employees 
(including, but not limited to full-time and part-time Commission 
employees, temporary hires, interns, and co-op students.) who have 
requested reasonable accommodations in their office or workstation or 
other FCC facility.

CATEGORIES OF RECORDS IN THE SYSTEM:
    The categories of records in this system include but are not 
limited to the information that FCC employees (including, but not 
limited to full time, part time, temporary hires, interns, and co-op 
students) must provide by submitting FCC Forms 5626 and 5627.
    (a) FCC Form 5626, ``Request for Reasonable Accommodations,'' 
includes but is not limited to:
    1. Applicant/employee's name, phone number, email address; 
employee's office, supervisor's name and phone number; and date of 
request;
    2. Type of accommodation(s) requested;
    3. Reason for request;
    4. Specific information regarding condition, including but not 
limited to the characteristics of impairment, job function 
difficulties, current limitation(s), past accommodation(s), specific 
accommodation(s), permanent or temporary condition(s); and signatures 
of applicant and receiving official; and
    5. FCC-ACC Number (reasonable accommodations number).
    (b) FCC Form 5627, ``Medical Consent Form,'' includes, but is not 
limited to the applicant's name, address, phone, signature, and date.
    (c) Supporting documentation and related materials that 
substantiate an applicant's request for ``reasonable accommodations.''

RECORD SOURCE CATEGORIES:
    The sources for the information in this system include, but are not 
limited to FCC employees and applicants (including, but not limited to 
full-time and part-time Commission employees, temporary hires, interns, 
and co-op students), who have submitted FCC Forms 5626 and 5627 to 
request ``reasonable accommodations'' in their office, workstation, 
other FCC facilities, and/or to access other benefits and privileges of 
employment.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND 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.
    1. Adjudication and Litigation--To disclose information to the 
Department of Justice (DOJ), or other administrative bodies before 
which the FCC is authorized to appear, when: (a) The FCC or any 
component thereof; or (b) any employee of the FCC in his or her 
official capacity; or (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 the 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. Labor Relations--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.
    6. 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 compromise 
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 in connection 
with the Commission's efforts to respond to the suspected or confirmed 
breach or to prevent, minimize, or remedy such harm.

[[Page 3165]]

    7. 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.
    8. For Non-Federal Personnel--To disclose information to 
contractors performing or working on a contract that provides IT 
services for the Federal Government.

REPORTING TO A CONSUMER REPORTING AGENCY:
    In addition to the routine uses listed 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).

POLICES AND PRACTICES FOR STORAGE OF RECORDS:
    Information in this system is maintained as follows:
    1. Paper documents and files include, but are not limited to the 
EEOC Form 557, FCC Form 5626 and 5627 and all accompanying materials 
including, but not limited to, attachments, documentation 
substantiating an applicant's request for ``reasonable 
accommodations,'' paper copies of email correspondence, notes, and 
other related records, which are stored in the file cabinets in the OWD 
office suite; and
    2. The electronic file versions (copies of the information obtained 
from these paper documents and files) of EEOC Form 557, FCC 
``Reasonable Accommodation Request Questionnaire,'' and FCC Forms 5626 
and 5627 with attachments, all other accompanying documentation used to 
substantiate an applicant's request for ``reasonable accommodations,'' 
email correspondence, the ``Status of EEO Complaints and 
Accommodations'' monthly report charts, and other documents and 
records, that are stored in the FCC's computer network databases.

POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
    1. Information in the Reasonable Accommodation Request information 
system's paper document files and records is retrieved by searching by 
the individual's last name or the (corresponding) accommodation 
identification number.
    2. Information in the electronic records and files is retrieved by 
the individual's last name, accommodation identification number, 
office/workstation address, bureau/office, and reasonable 
accommodations request date.

POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
    The OWD staff maintains the information in the Reasonable 
Accommodation Request system in accordance with the National Archives 
and Records Administration (NARA) General Records Schedule (GRS-2.3) 
2.3, items 20 and 21, as follows:
    1. The information in the general files is destroyed for three 
years after being superseded, but longer retention is authorized if 
required for business use.
    2. Employee case files are destroyed three years after employee's 
separation from the agency or all appeals are concluded, or whichever 
is later, but longer retention is authorized if required for business 
use.
    Records, files, and data created, received, or maintained for 
purposes of tracking agency compliance are deleted/destroyed three 
years after the compliance report is filed or when no longer needed for 
reference.
    Paper document disposition is by shredding, and electronic records 
and data are destroyed by physical destruction (electronic storage 
media) or by electronic erasure.

ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
    1. The electronic records, data, and files are maintained in the 
FCC computer network databases, which 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 Standard and Technology (NIST) and the Federal Information 
Security Modernization Act of 2014 (FISMA). The protocols cover all 
electronic records, files, and data, including those that are housed in 
the FCC's computer network databases, and those information system 
databases that are housed at the FCC's authorized contractor(s).
    2. The paper documents, files, and related materials are stored in 
approved security containers, which are locked when not in use and/or 
at the end of the business day. These paper documents are stored in 
locked file cabinets in the OWD office suite, when not in use and/or at 
the end of day. These paper documents are destroyed by shredding when 
no longer needed.
    3. Access to the electronic records and files and paper documents 
is restricted to OWD employees and IT staff and contractors who 
maintain the FCC's computer network. Other FCC employees and 
contractors may be granted access to this information, as required, for 
specific purposes.

RECORD ACCESS PROCEDURES:
    Individuals wishing to request access to and/or amendment of 
records about them should follow the Notification Procedure above.

CONTESTING RECORD PROCEDURES:
    Individuals wishing to request an amendment of records about them 
should follow the Notification Procedure above.

NOTIFICATION PROCEDURES:
    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).

EXEMPTIONS PROMULGATED FOR THE SYSTEM:
    None.

HISTORY:
    The FCC previously gave notice of this system of records, FCC/OWD-
1, Reasonable Accommodation Requests, by publication in the Federal 
Register on April 5, 2006 (71 FR 17234, 17268).

Federal Communications Commission.
Marlene Dortch,
Secretary.
[FR Doc. 2019-01800 Filed 2-8-19; 8:45 am]
 BILLING CODE 6712-01-P