Privacy Act of 1974; System of Records, 16493-16510 [2019-07842]
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Federal Register / Vol. 84, No. 76 / Friday, April 19, 2019 / Notices
• Email: regs.comments@
federalreserve.gov. Include Office of
Management and Budget (OMB) number
in the subject line of the message.
• Fax: (202) 452–3819 or (202) 452–
3102.
• Mail: Ann E. Misback, Secretary,
Board of Governors of the Federal
Reserve System, 20th Street and
Constitution Avenue NW, Washington,
DC 20551.
All public comments are available on
the Board’s website at https://
www.federalreserve.gov/apps/foia/
proposedregs.aspx as submitted, unless
modified for technical reasons.
Accordingly, your comments will not be
edited to remove any identifying or
contact information. Public comments
may also be viewed electronically or in
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Avenue NW, Washington, DC 20006,
between 9:00 a.m. and 5:00 p.m. on
weekdays. For security reasons, the
Board requires that visitors make an
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may do so by calling (202) 452–3684.
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Additionally, commenters may send a
copy of their comments to the OMB
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20503, or by fax to (202) 395–6974.
FOR FURTHER INFORMATION CONTACT: A
copy of the Paperwork Reduction Act
(PRA) OMB submission, including the
proposed reporting form and
instructions, supporting statement, and
other documentation will be placed into
OMB’s public docket files, if approved.
These documents will also be made
available on the Board’s public website
at https://www.federalreserve.gov/apps/
reportforms/review.aspx or may be
requested from the agency clearance
officer, whose name appears below.
Federal Reserve Board Clearance
Officer—Nuha Elmaghrabi—Office of
the Chief Data Officer, Board of
Governors of the Federal Reserve
System, Washington, DC 20551, (202)
452–3829. Telecommunications Device
for the Deaf (TDD) users may contact
(202) 263–4869, Board of Governors of
the Federal Reserve System,
Washington, DC 20551.
SUPPLEMENTARY INFORMATION: On June
15, 1984, OMB delegated to the Board
authority under the PRA to approve and
assign OMB control numbers to
collection of information requests and
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requirements conducted or sponsored
by the Board. In exercising this
delegated authority, the Board is
directed to take every reasonable step to
solicit comment. In determining
whether to approve a collection of
information, the Board will consider all
comments received from the public and
other agencies.
Request for Comment on Information
Collection Proposal
The Board invites public comment on
the following information collection,
which is being reviewed under
authority delegated by the OMB under
the PRA. Comments are invited on the
following:
a. Whether the proposed collection of
information is necessary for the proper
performance of the Board’s functions,
including whether the information has
practical utility;
b. The accuracy of the Board’s
estimate of the burden of the proposed
information collection, including the
validity of the methodology and
assumptions used;
c. Ways to enhance the quality,
utility, and clarity of the information to
be collected;
d. Ways to minimize the burden of
information collection on respondents,
including through the use of automated
collection techniques or other forms of
information technology; and
e. Estimates of capital or startup costs
and costs of operation, maintenance,
and purchase of services to provide
information.
At the end of the comment period, the
comments and recommendations
received will be analyzed to determine
the extent to which the Board should
modify the proposal.
Proposal Under OMB Delegated
Authority To Extend for Three Years,
Without Revision, the Following
Information Collection
Report title: Written Security Program
for State Member Banks.
Agency form number: FR 4004.
OMB control number: 7100–0112.
Frequency: On occasion.
Respondents: State member banks.
Estimated number of respondents: 26.
Estimated average hours per response:
1 hour.
Estimated annual burden hours: 26.
General description of report: This
information collection arises from a
recordkeeping requirement contained in
section 208.61 of the Board’s Regulation
H, which requires each state member
bank to develop and maintain a written
security program for the bank’s main
office and branches within 180 days of
becoming a member of the Federal
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16493
Reserve System. There is no formal
reporting form for this collection of
information (the FR 4004 designation is
for internal purposes only), and the
information is not submitted to the
Federal Reserve System.
Legal authorization and
confidentiality: The FR 4004
recordkeeping requirement is
authorized by section 3 of the Bank
Protection Act of 1968, which requires
federal banking agencies to issue rules
establishing minimum standards for
banks with respect to the installation,
maintenance, and operation of security
devices and procedures to discourage
robberies, burglaries, and larcenies and
to assist in the identification and
apprehension of persons who commit
such acts.1
The FR 4004 is mandatory. Because
there is no reporting requirement
associated with this recordkeeping
requirement, the issue of confidentiality
does not normally arise. If a bank’s
written security program were retained
during the course of an examination, it
would be exempt from disclosure under
exemption 8 of the Freedom of
Information Act (‘‘FOIA’’), which
protects bank examination material.2 In
addition, the records may also be
exempt from disclosure under
exemption 4 of the FOIA, which
protects from disclosure ‘‘trade secrets
and commercial or financial information
obtained from a person and privileged
or confidential.’’ 3
Board of Governors of the Federal Reserve
System, April 16, 2019.
Yao-Chin Chao,
Assistant Secretary of the Board.
[FR Doc. 2019–07874 Filed 4–18–19; 8:45 am]
BILLING CODE 6210–01–P
FEDERAL TRADE COMMISSION
Privacy Act of 1974; System of
Records
AGENCY:
Federal Trade Commission
(FTC).
ACTION:
Notice of modified systems of
records.
The FTC is making technical
revisions to several of the notices that it
has published under the Privacy Act of
1974 to describe its systems of records.
This action is intended to make these
notices clearer, more accurate, and upto-date.
DATES: This notice shall become final
and effective on April 19, 2019.
SUMMARY:
1 12
U.S.C. 1882(a).
U.S.C. 552(b)(8).
3 12 U.S.C. 552(b)(4).
25
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G.
Richard Gold and Alex Tang, Attorneys,
Office of the General Counsel, FTC, 600
Pennsylvania Avenue NW, Washington,
DC 20580, (202) 326–2424.
SUPPLEMENTARY INFORMATION: To inform
the public, the FTC publishes in the
Federal Register and posts on its
website a ‘‘system of records notice’’
(SORN) for each system of records that
the FTC currently maintains within the
meaning of the Privacy Act of 1974, as
amended, 5 U.S.C. 552a (‘‘Privacy Act’’
or ‘‘Act’’). See https://www.ftc.gov/
about-ftc/foia/foia-reading-rooms/
privacy-act-systems. The Privacy Act
protects records about individuals in
systems of records collected and
maintained by Federal agencies. (A
system is not a ‘‘system of records’’
under the Act unless the agency
maintains and retrieves records in the
system by the relevant individual’s
name or other personally assigned
identifier.) Each Federal agency,
including the FTC, must publish a
SORN that describes the records
maintained in each of its Privacy Act
systems, including the categories of
individuals that the records in the
system are about, where and how the
agency maintains these records, and
how individuals can find out whether
an agency system contains any records
about them or request access to such
records, if any. The FTC, for example,
maintains 40 systems of records under
the Act. Some of these systems contain
records about the FTC’s own employees,
such as personnel and payroll files,
while other FTC systems contain
records about members of the public,
such as public comments, consumer
complaints, or phone numbers
submitted to the FTC’s Do Not Call
Registry.
The FTC’s SORNs discussed in this
notice apply only to the FTC’s own
Privacy Act record systems. They do not
cover Privacy Act records that other
Federal agencies may collect and
maintain in their own systems.
Likewise, the FTC’s SORNs and the
Privacy Act of 1974 do not cover records
that private businesses or other non-FTC
entities may collect about individuals,
which may be covered by other privacy
laws.
On June 12, 2008, the FTC
republished and updated all of its
SORNs, describing all of the agency’s
systems of records covered by the
Privacy Act in a single document for
ease of use and reference. See 73 FR
33592. To ensure the SORNs remain
accurate, FTC staff reviews each SORN
on a periodic basis. As a result of this
systematic review, the FTC made
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revisions to several of its SORNs on
April 17, 2009 (74 FR 17863), August
27, 2010 (75 FR 52749), February 23,
2015 (80 FR 9460), November 2, 2017
(82 FR 50871), and November 6, 2018
(83 FR 55541).
Based on a periodic review of its
SORNs, the FTC is publishing these
additional technical revisions, to ensure
that the FTC’s SORNs remain clear,
accurate, and up-to-date:
• First, the FTC is amending several
SORNs to clarify or update information
about the applicable records disposition
schedules published or approved by the
National Archives and Records
Administration (NARA), which
determine how long agency records in
each system should be retained and
destroyed.
• Second, the FTC is amending
several SORNs applicable to FTC
personnel-related records to conform
more closely to the related Governmentwide SORNs for Federal personnel
records published by the Office of
Personnel Management (OPM), and to
make other technical changes (e.g.,
updating the official title of the system
manager, explaining how individuals
may now access certain records online.)
• Third, after consultation with staff
at the Office of Management & Budget
(OMB), which provides guidance to
Federal agencies on complying with the
Privacy Act, the FTC is amending the
above SORNs to include specific
references to the Federal Register
notices where the FTC previously
published three SORN Appendices
applicable to all FTC SORNs.
Specifically, these Appendices, which
are posted on the FTC’s website: List the
authorized disclosures and routine uses
applicable to all FTC systems of records
(Appendix I); how an individual can
make a Privacy Act request to determine
if the FTC has any records about him or
her and, if so, how the individual may
request access to or amendment of those
records in the FTC’s systems (Appendix
II); and the location of FTC buildings
and offices where the FTC maintains its
records subject to the Act (Appendix
III).
• Fourth, the FTC is republishing the
full text of each of the above SORNs,
incorporating the technical
amendments, for the convenience of the
reader and in accordance with OMB
Circular A–108 (2016), which
reorganized the format and content for
SORNs published by Federal agencies.
The FTC is not substantively adding
or amending any routine uses of its
Privacy Act system records.
Accordingly, the FTC is not required to
provide prior public comment or notice
to OMB or Congress for these technical
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amendments, which are final upon
publication. See U.S.C. 552a(e)(11) and
552a(r); OMB Circular A–108, supra.
A SORN-by-SORN summary,
including a more detailed description of
each SORN and how it is being
amended, appears below, followed by
the full text of the SORNs, as amended.
I. FTC Law Enforcement Systems of
Records
FTC–I–7 (Office of Inspector General
Investigative Files—FTC). This SORN
covers investigatory records in the
FTC’s Office of Inspector General. The
Commission has updated the ‘‘retention
and disposal’’ section to cite the FTC’s
records disposition schedule approved
by NARA for the agency’s use.
II. Federal Trade Commission
Personnel Systems of Records
FTC–II–1 (General Personnel
Records—FTC). This SORN covers
Official Personnel Folders (OPFs) and
the approved electronic equivalent (the
electronic OPF or eOPF) and other
personnel records that the FTC’s Human
Capital Management Office (HCMO)
maintains about FTC employees. The
Office of Personnel Management (OPM)
has published a Government-wide
SORN that covers this system of records,
OPM/GOVT–1 (General Personnel
Records). See 71 FR 35341, 35342
(2006). We have revised FTC–II–1 to
make it more consistent with OPM’s
SORN. The Commission has also
updated the ‘‘retention and disposal’’
section to cite the applicable General
Records Schedule that was recently
approved by NARA for governmentwide use.
FTC–II–2 (Unofficial Personnel
Records—FTC). This SORN covers
personnel records maintained outside of
the FTC’s HCMO by FTC managers
about their employees. This system
includes employee performance files
maintained by managers. OPM has
published a Government-wide SORN
that covers those records, OPM/GOVT–
2 (Employee Performance File System
Records). See 71 FR 35341, 35347
(2006). We have revised FTC–II–2 to
update the ‘‘retention and disposal’’
section to cite the applicable General
Records Schedule that was recently
approved by NARA for governmentwide use. The Commission is also
updating the official title of the FTC
system manager.
FTC–II–3 (Workers’ Compensation—
FTC). This SORN covers FTC records of
claims filed under the Federal
Employees’ Compensation Act (FECA)
for injuries sustained on the job by FTC
employees. The Commission has
updated the ‘‘retention and disposal’’
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section to cite the applicable General
Records Schedule that was recently
approved by NARA for governmentwide use. The Commission is also
updating the official title of the FTC
system manager.
FTC–II–4 (Employment ApplicationRelated Records—FTC). This SORN
covers FTC records compiled from or
about individuals who have applied for
FTC employment, including individual
applications, resumes, references or
other records submitted for FTC
consideration. The Commission has
updated the ‘‘retention and disposal’’
section to cite the applicable General
Records Schedule that was recently
approved by NARA for governmentwide use. The Commission is also
updating the official title of the FTC
system manager. The retrieval of records
section of this SORN is also amended to
recognize that this system no longer
retrieves records by date of birth, social
security number, or any type of
identification other than an individual’s
name.
FTC–II–5 (Equal Employment
Opportunity Statistical Reporting
System—FTC). This SORN covers the
confidential FTC personnel database
maintained for the FTC’s Equal
Employment Opportunity (EEO) Office
to generate statistical reports and
analyses for the FTC’s EEO program.
The FTC is revising the ‘‘records and
disposal’’ section of this SORN to
update the reference to the applicable
government-wide General Records
Schedule.
FTC–II–6 (Discrimination Complaint
System—FTC). This SORN covers
investigatory files and related
documentation generated in EEO precomplaint counseling and investigations
at the FTC. These records also are
covered by a Government-wide SORN
published by the Equal Employment
Opportunity Commission (EEOC),
EEOC/GOVT–1 (Equal Employment
Opportunity in the Federal Government
Complaint and Appeal Records). See 81
FR 81116 (2016). The Commission has
updated the ‘‘retention and disposal’’
section to include a reference to the
applicable General Records Schedule
that was recently approved by NARA for
government-wide use.
FTC–II–8 (Employee Adverse Action
and Disciplinary Records—FTC). This
SORN covers case files and records
related to adverse actions and
performance-based actions (removal,
suspension, reduction-in-grade) against
FTC employees. The FTC is revising this
SORN to update the ‘‘retention and
disposal’’ section to include the
applicable General Records Schedule
that was recently approved by the
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NARA for government-wide use. The
Commission is also updating the official
title of the system manager. The
‘‘category of records’’ section of this
SORN is also amended to recognize that
this system no longer maintains
information about the employee’s
furlough status.
FTC–II–9 (Claimants Under Federal
Tort Claims Act and Military Personnel
and Civilian Employees’ Claims Act—
FTC). This SORN covers records
generated by tort claims and other
claims filed with the FTC by its
employees or others under the named
statutes. The FTC is revising this SORN
to update the ‘‘retention and disposal’’
section to include the applicable
General Records Schedule that was
recently approved by the NARA for
government-wide use.
FTC–II–12 (e-Train Learning
Management System—FTC.). This
SORN covers the system used by the
FTC’s HCMO to track and log requests
of FTC employees to attend training
courses. The FTC is revising this SORN
to update the ‘‘retention and disposal’’
section to cite the applicable General
Records Schedule that was recently
approved by the NARA for governmentwide use. The Commission is also
updating the official title of the FTC
system manager. The ‘‘category of
records’’ section of the SORN is also
being amended to recognize that this
system no longer maintains information
about an employee’s sex or race.
III. Federal Trade Commission
Financial Systems of Records
FTC–III–1 (Personnel Payroll
System—FTC). This SORN, which
covers payroll processing records for
FTC employees, is being revised to
update the ‘‘retention and disposal’’
section to cite the applicable General
Records Schedule that was recently
approved by the NARA for governmentwide use. The Commission is also
updating the security classification of
the records, the official title of the FTC
system manager, the authorities for
maintaining the system, and the
location of the system.
FTC Systems of Records Notices
In light of the updated SORN template
set forth in the newly revised OMB
Circular A–108 (2016), the FTC is
reprinting the entire text of each
amended SORN for the public’s benefit,
to read as follows:
I. FTC Law Enforcement Systems of
Records
*
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16495
SYSTEM NAME AND NUMBER:
Office of Inspector General
Investigative Files–FTC (FTC–I–7).
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
Office of Inspector General (OIG),
Federal Trade Commission, 600
Pennsylvania Avenue NW, Washington,
DC 20580. For other locations where
records may be maintained or accessed,
see Appendix III (Locations of FTC
Buildings and Regional Offices),
available on the FTC’s website at
https://www.ftc.gov/about-ftc/foia/foiareading-rooms/privacy-act-systems and
at 80 FR 9460, 9465 (Feb. 23, 2015).
SYSTEM MANAGER(S):
Inspector General, Federal Trade
Commission, 600 Pennsylvania Avenue
NW, Washington, DC 20580, email:
SORNs@ftc.gov.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
Inspector General Act Amendments of
1988, Public Law 100–504, amending
the Inspector General Act of 1978,
Public Law 95–452, 5 U.S.C. app.
PURPOSE(S) OF THE SYSTEM:
To document the conduct and
outcome of investigations; to report
results of investigations to other
components of the FTC or other
agencies and authorities for their use in
evaluating their programs and
imposition of criminal, civil or
administrative sanctions; to report the
results of investigations to other
agencies or other regulatory bodies for
an action deemed appropriate and for
retaining sufficient information to fulfill
reporting requirements; and to maintain
records related to the activities of the
Office of the Inspector General.
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
Subjects of OIG investigations relating
to the programs and operations of the
Federal Trade Commission. Subject
individuals include, but are not limited
to, current and former employees;
current and former agents or employees
of contractors or subcontractors, as well
as current and former contractors and
subcontractors in their personal
capacity, where applicable; and other
individuals whose actions affect the
FTC, its programs or operations.
CATEGORIES OF RECORDS IN THE SYSTEM:
Correspondence relating to the
investigation; internal staff memoranda;
copies of subpoenas issued during the
investigation, affidavits, statements from
witnesses, transcripts of testimony taken
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in the investigation and accompanying
exhibits; documents, records or copies
obtained during the investigation;
interview notes, documents and records
relating to the investigation; opening
reports, information or data relating to
alleged or suspected criminal, civil or
administrative violations or similar
wrongdoing by subject individuals and
final reports of investigation.
RECORD SOURCE CATEGORIES:
Employees or other individuals on
whom the record is maintained, nontarget witnesses, FTC and non-FTC
records, to the extent necessary to carry
out OIG investigations authorized by 5
U.S.C. app.
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ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES OF USERS AND
THE PURPOSES OF SUCH USES:
Records in this system may be:
(1) Disclosed to agencies, offices, or
establishments of the executive,
legislative, or judicial branches of the
federal or state government—
(a) Where such agency, office, or
establishment has an interest in the
individual for employment purposes,
including a security clearance or
determination as to access to classified
information, and needs to evaluate the
individual’s qualifications, suitability,
and loyalty to the United States
Government, or
(b) Where such agency, office, or
establishment conducts an investigation
of the individual for the purposes of
granting a security clearance, or for
making a determination of
qualifications, suitability, or loyalty to
the United States Government, or access
to classified information or restricted
areas, or
(c) Where the records or information
in those records are relevant and
necessary to a decision with regard to
the hiring or retention of an employee
or disciplinary or other administrative
action concerning an employee, or
(d) Where disclosure is requested in
connection with the award of a contract
or other determination relating to a
government procurement, or the
issuance of a license, grant, or other
benefit by the requesting agency, to the
extent that the record is relevant and
necessary to the requesting agency’s
decision on the matter, including, but
not limited to, disclosure to any Federal
agency responsible for considering
suspension or debarment actions where
such record would be germane to a
determination of the propriety or
necessity of such action, or disclosure to
the United States General
Accountability Office, the General
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Contract Appeals, or any other federal
contract board of appeals in cases
relating to an agency procurement;
(2) Disclosed to the Office of
Personnel Management, the Office of
Government Ethics, the Merit Systems
Protection Board, the Office of the
Special Counsel, the Equal Employment
Opportunity Commission, or the Federal
Labor Relations Authority or its General
Counsel, of records or portions thereof
relevant and necessary to carrying out
their authorized functions, such as, but
not limited to, rendering advice
requested by the OIG, investigations of
alleged or prohibited personnel
practices (including unfair labor or
discriminatory practices), appeals before
official agencies, offices, panels or
boards, and authorized studies or
review of civil service or merit systems
or affirmative action programs;
(3) Disclosed to independent auditors
or other private firms with which the
Office of the Inspector General has
contracted to carry out an independent
audit or investigation, or to analyze,
collate, aggregate or otherwise refine
data collected in the system of records,
subject to the requirement that such
contractors shall maintain Privacy Act
safeguards with respect to such records;
(4) Disclosed to a direct recipient of
federal funds such as a contractor,
where such record reflects serious
inadequacies with a recipient’s
personnel and disclosure of the record
is for purposes of permitting a recipient
to take corrective action beneficial to the
Government;
(5) Disclosed to any official charged
with the responsibility to conduct
qualitative assessment reviews of
internal safeguards and management
procedures employed in investigative
operations. This disclosure category
includes members of the Council of the
Inspectors General on Integrity and
Efficiency and officials and
administrative staff within their
investigative chain of command, as well
as authorized officials of the Department
of Justice and the Federal Bureau of
Investigation;
(6) Disclosed to members of the
Council of the Inspectors General on
Integrity and Efficiency for the
preparation of reports to the President
and Congress on the activities of the
Inspectors General; and
(7) Disclosed to complainants and/or
victims to the extent necessary to
provide such persons with information
and explanations concerning the
progress and/or results of the
investigation or case arising from the
matters of which they complained and/
or which they were a victim.
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For other ways that the Privacy Act
permits the FTC to use or disclose
system records outside the agency, see
Appendix I (Authorized Disclosures and
Routine Uses Applicable to All FTC
Privacy Act Systems of Records),
available on the FTC’s website at
https://www.ftc.gov/about-ftc/foia/foiareading-rooms/privacy-act-systems and
at 83 FR 55541, 55542–55543 (Nov. 6,
2018).
POLICIES AND PRACTICES FOR STORAGE OF
RECORDS:
The FTC maintains system records in
various electronic and non-electronic
formats and media. The OIG
Investigative Files consist of paper
records maintained in file folders,
cassette tapes and CD–ROMs containing
audio recordings of investigative
interviews, and data maintained on
computer diskettes and hard drives. The
folders, cassette tapes, CD–ROMs and
diskettes are stored in file cabinets in
the OIG. The hard drives are retained in
the OIG safe.
POLICIES AND PRACTICES FOR RETRIEVAL OF
RECORDS:
The records are retrieved by the name
of the subject of the investigation or by
a unique control number assigned to
each investigation.
POLICIES AND PRACTICES FOR RETENTION AND
DISPOSAL OF RECORDS:
Records are retained and disposed of
in accordance with Item 3.5 of FTC
Records Retention Schedule N1–122–
09–1, which was approved by the
National Archives and Records
Administration.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL
SAFEGUARDS:
Access is restricted to agency
personnel or contractors whose
responsibilities require access. Paper
records are maintained in lockable
rooms or file cabinets, which are kept
locked during non-duty hours. Records
in file folders are retained as long as
needed and then destroyed by
shredding or burning. Computer disks
and CD–ROMs are cleared, retired or
destroyed when no longer useful.
Entries on electronic media are deleted
or erased when no longer needed. To
the extent records or portions thereof
are incorporated into emails or other
electronic communications, access to
such electronic records is controlled by
‘‘user ID’’ and password combination
and/or other electronic access or
network controls (e.g., firewalls). FTC
buildings are guarded and monitored by
security personnel, cameras, ID checks,
and other physical security measures.
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RECORD ACCESS PROCEDURES:
See § 4.13 of the FTC’s Rules of
Practice, 16 CFR 4.13. For additional
guidance, see also Appendix II (How To
Make A Privacy Act Request), available
on the FTC’s website at https://
www.ftc.gov/about-ftc/foia/foia-readingrooms/privacy-act-systems and at 73 FR
33592, 33634 (June 12, 2008).
CONTESTING RECORD PROCEDURES:
See § 4.13 of the FTC’s Rules of
Practice, 16 CFR 4.13. For additional
guidance, see also Appendix II (How To
Make A Privacy Act Request), available
on the FTC’s website at https://
www.ftc.gov/about-ftc/foia/foia-readingrooms/privacy-act-systems and at 73 FR
33592, 33634 (June 12, 2008).
NOTIFICATION PROCEDURES:
See § 4.13 of the FTC’s Rules of
Practice, 16 CFR 4.13. For additional
guidance, see also Appendix II (How To
Make A Privacy Act Request), available
on the FTC’s website at https://
www.ftc.gov/about-ftc/foia/foia-readingrooms/privacy-act-systems and at 73 FR
33592, 33634 (June 12, 2008).
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
Pursuant to 5 U.S.C. 552a(j)(2),
records in this system are exempt from
the provisions of 5 U.S.C. 552(a), except
subsections (b), (c)(1) and (2), (e)(4)(A)
through (F), (e)(6), (7), (9), (10) and (11)
and (i) and corresponding provisions of
16 CFR 4.13, to the extent that a record
in the system of records was compiled
for criminal law enforcement purposes.
Pursuant to 5 U.S.C. 552a(k)(2), the
system is exempt from 5 U.S.C.
552a(c)(3), (d), (e)(1), (e)(4)(G), (H) and
(I) and (f) and the corresponding
provisions of 16 CFR 4.13, to the extent
the system of records consists of
investigatory material compiled for law
enforcement purposes, other than
material within the scope of the
exemption at 5 U.S.C. 552a(j)(2). See 16
CFR 4.13(m).
HISTORY:
74 FR 17863–17866 (April 17, 2009).
73 FR 33591–33634 (June 12, 2008).
*
*
*
*
*
II. Federal Trade Commission Personnel
Systems of Records
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SYSTEM NAME AND NUMBER:
General Personnel Records—FTC
(FTC–II–1).
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
Federal Trade Commission, 600
Pennsylvania Avenue NW, Washington,
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DC 20580. For other locations where
records may be maintained or accessed,
see Appendix III (Locations of FTC
Buildings and Regional Offices),
available on the FTC’s website at
https://www.ftc.gov/about-ftc/foia/foiareading-rooms/privacy-act-systems and
at 80 FR 9460, 9465 (Feb. 23, 2015).
equivalents may also be used to locate
individuals for personnel research.
Temporary documents on the left side
of the OPF may lead (or have led) to a
formal action, but do not constitute a
record of it, nor make a substantial
contribution to the employee’s long
term record.
SYSTEM MANAGER(S):
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
Chief Human Capital Officer, Human
Capital Management Office, Federal
Trade Commission, 600 Pennsylvania
Avenue NW, Washington, DC 20580,
email: SORNs@ftc.gov.
See OPM/GOVT–1 for information
about the system manager and address
for that system.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
5 U.S.C. 301, 1302, 2951, 3301, 3372,
4118, 8347; Executive Orders 9397,
9830, and 12107; and 5 CFR 293.
PURPOSE(S) OF THE SYSTEM:
The Official Personnel Folder (OPF),
its approved electronic equivalent (the
electronic OPF or eOPF), and other
general personnel records are the
official repository of the records, reports
of personnel actions, and the documents
required in connection with those
actions effected during an employee’s
Federal service. The personnel action
reports and other documents, some of
which are filed as long term records in
the OPF, give legal force and effect to
personnel transactions and establish
employee rights and benefits under
pertinent laws and regulations
governing Federal employment.
The OPF, which exists in various
approved media, is maintained for the
period of the employee’s service in the
Commission and is then transferred to
the National Personnel Records Center
for storage or, as appropriate, to the next
employing Federal agency. Other
records are either retained at the agency
for various lengths of time in
accordance with National Archives and
Records Administration records
schedules or destroyed when they have
served their purpose or when the
employee leaves the agency. They
provide the basic source of factual data
about a person’s Federal employment
while in the service and after his or her
separation. Records in this system have
various uses including: Screening
qualifications of employees;
determining status, eligibility, and
employee’s rights and benefits under
pertinent laws and regulations
governing Federal employment;
computing length of service; and for
other information needed in providing
personnel services. These records and
their automated or microformed
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Current Federal Trade Commission
employees.
CATEGORIES OF RECORDS IN THE SYSTEM:
Each category of records may include
identifying information such as name(s),
date of birth, home residence, mailing
address, Social Security number, and
home telephone number. This system
includes, but is not limited to, the
contents of the Official Personnel Folder
(OPF) maintained by the FTC’s Human
Capital Management Office (HCMO) and
described in the United States Office of
Personnel Management (OPM) Guide to
Personnel Recordkeeping and in OPM’s
Government-wide system of records
notice for this system, OPM/GOVT–1.
(Nonduplicative personnel records
maintained by FTC employee managers
in other FTC offices are covered by
FTC–II–2, Unofficial Personnel
Records—FTC.) Records in this system
(FTC–II–1) include copies of current
employees’ applications for
employment, documentation supporting
appointments and awards, benefits
records (health insurance, life
insurance, retirement information, and
Thrift Savings Plan information),
investigative process documents,
personnel actions, other personnel
documents, changes in filing
requirements, and training documents.
Other records include:
a. Records reflecting work experience,
educational level achieved, specialized
education or training obtained outside
of Federal service.
b. Records reflecting Federal service
and documenting work experience and
specialized education or training
received while employed. Such records
contain information about past and
present positions held; grades; salaries;
and duty station locations;
commendations, awards, or other data
reflecting special recognition of an
employee’s performance; and notices of
all personnel actions, such as
appointments, transfers, reassignments,
details, promotions, demotions,
reductions in force, resignations,
separations, suspensions, approval of
disability retirement applications,
retirement and removals.
c. Records relating to participation in
the Federal Employees’ Group Life
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Insurance Program and Federal
Employees Health Benefits Program.
d. Records relating to an
Intergovernmental Personnel Act
assignment or Federal-private exchange
program.
e. Records relating to participation in
an agency Federal Executive or SES
Candidate Development Program.
f. Records relating to Governmentsponsored training or participation in
the agency’s Upward Mobility Program
or other personnel programs designed to
broaden an employee’s work
experiences and for purposes of
advancement (e.g., an administrative
intern program).
g. Records connected with the Senior
Executive Service (SES), for use in
making studies and analyses of the SES,
preparing reports, and in making
decisions affecting incumbents of these
positions, e.g., relating to sabbatical
leave programs, training, reassignments,
and details, that are perhaps unique to
the SES and which may or may not be
filed in the employee’s OPF. These
records may also serve as basis for
reports submitted to OMB’s Executive
Personnel and Management
Development Group for purposes of
implementing the Office’s oversight
responsibilities concerning the SES.
h. Records on an employee’s activities
on behalf of the recognized labor
organization representing agency
employees, including accounting of
official time spent and documentation
in support of per diem and travel
expenses.
i. To the extent that the records listed
here are also maintained in the agency
automated personnel or microform
records system, those versions of the
above records are considered to be
covered by this system notice. Any
additional copies of these records
(excluding performance ratings of
record and conduct-related documents
maintained by first-line supervisors and
managers covered by FTC–II–2)
maintained by agencies at field or
administrative offices remote from
where the original records exist are
considered part of this system.
j. Records relating to designations for
lump sum death benefits.
k. Records relating to classified
information nondisclosure agreements.
l. Records relating to the Thrift
Savings Plan (TSP) concerning the
starting, changing, or stopping of
contributions to the TSP as well as the
how the individual wants the
investments to be made in the various
TSP Funds.
m. Copies of records contained in the
Enterprise Human Resources Integration
(EHRI) data warehouse (including the
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Central Employee Record, the Business
Intelligence file that provide resources
to obtain career summaries, and the
electronic Official Personnel Folder
(eOPF)) maintained by OPM. These data
elements include many of the above
records along with additional human
resources information such as training,
payroll and performance information
from other OPM and agency systems of
records. A definitive list of EHRI data
elements is contained in OPM’s Guide
to Human Resources Reporting and The
Guide to Personnel Data Standards.
n. Emergency contact information for
the employee (see, e.g., FTC Form 75),
which is kept on the left side of the
OPF.
RECORD SOURCE CATEGORIES:
Individual to whom the record
applies and agency employees.
ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES OF USERS AND
THE PURPOSES OF SUCH USES:
(1) Performance Related Uses
(a) To disclose information to any
source from which additional
information is requested (to the extent
necessary to identify the individual,
inform the source of the purpose(s) of
the request, and to identify the type of
information requested), where necessary
to obtain information relevant to an
agency decision concerning 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;
(b) To disclose to an agency in the
executive, legislative, or judicial branch,
or the District of Columbia Government
in response to its request, or at the
initiation of the agency maintaining the
records, information in connection with
the hiring 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; the issuance of
a license, grant, or other benefit by the
requesting agency; or the lawful
statutory, administrative, or
investigative purpose of the agency to
the extent that the information is
relevant and necessary to the requesting
agency’s decision on the matter;
(c) By the agency or by OPM to locate
individuals for personnel research or
survey response, and in the production
of summary descriptive statistics and
analytical studies in support of the
function for which the records are
collected and maintained, or for related
work force studies. While published
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statistics and studies do not contain
individual identifiers, in some instances
the selection of elements of data
included in the study may be structured
in such a way as to make the data
individually identifiable by inference;
(d) To provide an official of another
Federal agency information needed in
the performance of official duties
related to reconciling or reconstructing
data files, in support of the functions for
which the records were collected and
maintained;
(e) To disclose information to officials
of the Merit Systems Protection Board,
including the Office of the Special
Counsel, when requested in connection
with appeals, special studies of the civil
service and other merit systems, review
of Office rules and regulations,
investigations of alleged or prohibited
personnel practices, and such other
functions, promulgated in 5 U.S.C. 1205
and 1206, or as may be authorized by
law;
(f) To disclose information to the
Equal Employment Opportunity
Commission when requested in
connection with investigations into
alleged or possible discrimination
practices in the Federal sector,
examination of Federal affirmative
employment programs, compliance by
Federal agencies with the Uniform
Guidelines on Employee Selection
Procedures, or other functions vested in
the Commission by the President’s
Reorganization Plan No. 1 of 1978;
(g) To disclose to prospective nonFederal employers, the following
information about a specifically
identified current or former Federal
employee:
(i) Tenure of employment;
(ii) Civil service status;
(iii) Length of service in the agency
and the Government; and
(iv) When separated, the date and
nature of action as shown on the
Notification of Personnel Action,
Standard Form 50 (or authorized
exception);
(h) To consider employees for
recognition through quality step
increases, and to publicize those
granted. This may include disclosure to
other public and private organizations,
including news media, which grant or
publicize employee recognition;
(i) To consider and select employees
for incentive awards and other honors
and to publicize those granted. This
may include disclosure to other public
and private organizations, including
news media, which grant or publicize
employee awards or honors;
(j) To disclose information to any
member of the agency’s Performance
Review Board or other board or panel
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(e.g., one convened to select or review
nominees for awards of merit pay
increases), when the member is not an
official of the employing agency;
information would then be used for the
purposes of approving or recommending
selection of candidates for executive
development of SES candidate
programs, issuing a performance
appraisal rating, issuing performance
awards, nominating for Meritorious and
Distinguished Executive ranks, and
removal, reduction-in-grade, and other
personnel actions based on
performance;
(k) By agency officials for purposes of
review in connection with
appointments, transfers, promotions,
reassignments, adverse actions,
disciplinary actions, and determinations
of the qualifications of an individual;
(l) By the Office of Personnel
Management for purposes of making a
decision when a Federal employee or
former Federal employee is questioning
the validity of a specific document in an
individual’s record; and
(m) As a data source for management
information for promotion of summary
descriptive statistics and analytical
studies in support of the related
personnel management functions of
human resource studies; may also be
utilized to locate specific individuals for
personnel research or other personnel
management functions;
(2) Training/Education Related Uses
(a) To disclose information to
Government training facilities (Federal,
State, and local) and to non-Government
training facilities (private vendors of
training courses or programs, private
schools, etc.) for training purposes; and
(b) To disclose information to
educational institutions on appointment
of a recent graduate to a position in the
Federal service, and to provide college
and university officials with
information about their students
working under the Cooperative
Education Volunteer Service, or other
similar programs where necessary to a
student’s obtaining credit for the
experience gained;
(3) Retirement/Insurance/Health
Benefits Related Uses
(a) To disclose information to: The
Department of Labor, Department of
Veterans Affairs, Social Security
Administration, Department of Defense,
Federal agencies that have special
civilian employee retirement programs;
or a national, State, county, municipal,
or other publicly recognized charitable
or income security administration
agency (e.g., State unemployment
compensation agencies) where
necessary to adjudicate a claim under
the retirement, insurance or health
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benefits programs of the Office of
Personnel Management or an agency
cited above, or to an agency to conduct
an analytical study or audit of benefits
being paid under such programs;
(b) To disclose to the Office of Federal
Employees Group Life Insurance
information necessary to verify election,
declination, or waiver of regular and/or
optional life insurance coverage or
eligibility for payment of a claim for life
insurance;
(c) To disclose to health insurance
carriers contracting with the Office of
Personnel Management to provide a
health benefits plan under the Federal
Employees Health Benefits Program,
information necessary to identify
enrollment in a plan, to verify eligibility
for payment of a claim for health
benefits, or to carry out the coordination
or audit of benefit provisions of such
contracts;
(d) When an individual to whom a
record pertains is mentally incompetent
or under other legal disability,
information in the individual’s record
may be disclosed to any person who is
responsible for the care of the
individual, to the extent necessary to
assure payment of benefits to which the
individual is entitled;
(e) To disclose to the agencyappointed representative of an
employee all notices, determinations,
decisions, or other written
communications issued to the
employee, in connection with an
examination ordered by the agency
under:
(i) Fitness-for-duty examination
procedures; or
(ii) Agency-filed disability retirement
procedures;
(f) To disclose to a requesting agency,
organization, or individual the home
address and other relevant information
concerning those individuals who, it is
reasonably believed, might have
contracted an illness, been exposed to,
or suffered from a health hazard while
employed in the Federal work force; and
(g) To disclose information to the
Department of Defense, National
Oceanic and Atmospheric
Administration, and the United States
Coast Guard needed to effect any
adjustments in retired or retained pay
required by the dual compensation
provisions of 5 U.S.C. 5532;
(4) Labor Relations Related Uses
(a) To disclose information to the
Federal Labor Relations Authority
(including its General Counsel) when
requested in connection with
investigation and resolution of
allegations of unfair labor practices, in
connection with the resolution of
exceptions to arbitrator’s awards where
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16499
a question of material fact is raised and
matters before the Federal Service
Impasses Panel; and
(b) To disclose information to officials
of labor organizations recognized under
5 U.S.C. 71 et seq. when relevant and
necessary to their duties of exclusive
representation concerning personnel
policies, practices, and matters affecting
working conditions; and
(5) Miscellaneous Uses
(a) To provide data to OPM for
inclusion in the automated Center
Personnel Data File;
(b) To be disclosed for any other
routine use set forth in the Governmentwide system of records notice published
for this system by OPM, see OPM/
GOVT–1, or any successor OPM system
notice that may be published for this
system (visit www.opm.gov for more
information);
(c) To disclose information to a
Federal, state, or local agency for
determination of an individual’s
entitlement to benefits in connection
with Federal Housing Administration
programs; and
(d) To locate individuals for
personnel research or survey response,
and in the production of summary
descriptive statistics and analytical
studies in support of the function for
which the records are collected and
maintained, or for related work force
studies. While published statistics and
studies do not contain individual
identifiers, in some instances, the
selection of elements of data included in
the study may be structured in such a
way as to make the data individually
identifiable by inference.
For other ways that the Privacy Act
permits the FTC to use or disclose
system records outside the agency, see
Appendix I (Authorized Disclosures and
Routine Uses Applicable to All FTC
Privacy Act Systems of Records),
available on the FTC’s website at
https://www.ftc.gov/about-ftc/foia/foiareading-rooms/privacy-act-systems and
at 83 FR 55541, 55542–55543 (Nov. 6,
2018).
POLICIES AND PRACTICES FOR STORAGE OF
RECORDS:
Records may be maintained on
standard legal-size and letter-size paper,
and in electronic storage media such as
personnel system databases and .pdf
forms.
POLICIES AND PRACTICES FOR RETRIEVAL OF
RECORDS:
Records are indexed by employee
name and social security number.
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POLICIES AND PRACTICES FOR RETENTION AND
DISPOSAL OF RECORDS:
The OPF is maintained for the period
of the employee’s service in the agency
and is then, if in a paper format,
transferred to the National Personnel
Records Center for storage or, as
appropriate, to the next employing
Federal agency. If the OPF is maintained
in an electronic format, the transfer and
storage is in accordance with the OPMapproved electronic system according to
the most current version of OPM’s
Guide to Personnel Recordkeeping.
Destruction of the OPF is in accordance
with General Records Schedule GRS–
2.2, Items 40–41.
When the individual transfers to any
Federal agency or to another appointing
office, the OPF is sent to that agency or
office. All personnel-related medical
records are covered by a separate OPM
Privacy Act system of records notice,
OPM/GOVT–10.
Other records. These records are
retained for varying periods of time as
set out by GRS–2.2.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL
SAFEGUARDS:
Access is restricted to agency
personnel or contractors whose
responsibilities require access. Paper
records are maintained in lockable
rooms or file cabinets. (In addition, FTC
HCMO offices are in a locked suite
separate from other FTC offices not
generally accessible to the public or
other FTC staff.) Access to electronic
records is controlled by ‘‘user ID’’ and
password combinations and/or other
appropriate electronic access or network
controls (e.g., firewalls). FTC buildings
are guarded and monitored by security
personnel, cameras, ID checks, and
other physical security measures.
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RECORD ACCESS PROCEDURES:
See § 4.13 of the FTC’s Rules of
Practice, 16 CFR 4.13. For additional
guidance, see also Appendix II (How To
Make A Privacy Act Request), available
on the FTC’s website at https://
www.ftc.gov/about-ftc/foia/foia-readingrooms/privacy-act-systems and at 73 FR
33592, 33634 (June 12, 2008). Current
FTC employees may also request access
to their records directly through their
designated FTC HCMO contact or
managers, as applicable, and may be
required to complete a written request
form and to show identification to
obtain access to their records.
Employees may also access their records
directly by utilizing OPM’s approved
electronic Official Personnel Folder
system, using their assigned user ID and
password.
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Former FTC employees subsequently
employed by another Federal agency
should contact the personnel office for
their current Federal employer. Former
employees who have left Federal service
and want access to their official
personnel records in storage should
contact the National Personnel Records
Center, 1411 Boulder Boulevard,
Valmeyer, IL 62295.
CONTESTING RECORD PROCEDURES:
See § 4.13 of the FTC’s Rules of
Practice, 16 CFR 4.13. For additional
guidance, see also Appendix II (How To
Make A Privacy Act Request), available
on the FTC’s website at https://
www.ftc.gov/about-ftc/foia/foia-readingrooms/privacy-act-systems and at 73 FR
33592, 33634 (June 12, 2008). Current
FTC employees may also request access
to their records directly through their
designated FTC HCMO contact or
managers, as applicable, and may be
required to complete a written request
form and to show identification to
obtain access to their records.
Employees may also access their records
directly by utilizing OPM’s approved
electronic Official Personnel Folder
system, using their assigned user ID and
password.
Former FTC employees subsequently
employed by another Federal agency
should contact the personnel office for
their current Federal employer. Former
employees who have left Federal service
and want access to their official
personnel records in storage should
contact the National Personnel Records
Center, 1411 Boulder Boulevard,
Valmeyer, IL 62295.
and want access to their official
personnel records in storage should
contact the National Personnel Records
Center, 1411 Boulder Boulevard,
Valmeyer, IL 62295.
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
None.
HISTORY:
80 FR 9460–9465 (February 23, 2015).
74 FR 17863–17866 (April 17, 2009).
73 FR 33591–33634 (June 12, 2008).
SYSTEM NAME AND NUMBER:
Unofficial Personnel Records–FTC
(FTC–II–2).
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
Federal Trade Commission, 600
Pennsylvania Avenue NW, Washington,
DC 20580. For other locations where
records may be maintained or accessed,
see Appendix III (Locations of FTC
Buildings and Regional Offices),
available on the FTC’s website at
https://www.ftc.gov/about-ftc/foia/foiareading-rooms/privacy-act-systems and
at 80 FR 9460, 9465 (Feb. 23, 2015).
SYSTEM MANAGER(S):
Chief Human Capital Officer, Human
Capital Management Office (HCMO),
Federal Trade Commission, 600
Pennsylvania Avenue NW, Washington,
DC 20580, email: SORNs@ftc.gov.
See OPM/GOVT–2 for information
about the system manager and address
for that system.
NOTIFICATION PROCEDURES:
See § 4.13 of the FTC’s Rules of
Practice, 16 CFR 4.13. For additional
guidance, see also Appendix II (How To
Make A Privacy Act Request), available
on the FTC’s website at https://
www.ftc.gov/about-ftc/foia/foia-readingrooms/privacy-act-systems and at 73 FR
33592, 33634 (June 12, 2008). Current
FTC employees may also request access
to their records directly through their
designated FTC HCMO contact or
managers, as applicable, and may be
required to complete a written request
form and to show identification to
obtain access to their records.
Employees may also access their records
directly by utilizing OPM’s approved
electronic Official Personnel Folder
system, using their assigned user ID and
password.
Former FTC employees subsequently
employed by another Federal agency
should contact the personnel office for
their current Federal employer. Former
employees who have left Federal service
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AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
5 U.S.C. 301, 1104, 3321, 4301–4305;
4311–4315; 5405, 6101–6106; 6301–
6326; 6331–6340; 6361–6373; 6381–
6387; 6391; 7301–7353; 5 U.S.C.
Chapter 75; Executive Order 12107; and
5 CFR 293.
PURPOSE(S) OF THE SYSTEM:
To assist Commission managers and
supervisors in making work assignment,
evaluation, and other types of decisions
related to the employees of the Federal
Trade Commission; to assist in
evaluating performance, preparing
promotion and award
recommendations, preparing informal or
formal disciplinary actions, approving
leave, coordinating schedules, and
preparing news releases; to assist
supervisors in the interviewing,
evaluation, and selection process when
filling position vacancies; and to
maintain records of those considerations
and actions.
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CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
Current and former Commission
employees, consultants, and contractors.
CATEGORIES OF RECORDS IN THE SYSTEM:
This system of records contains
information or documents about the
educational background, employment,
and work history of individuals. The
types of records maintained vary with
each supervisor and Commission unit.
Each supervisor may maintain some or
all of the following records: Written
notes or memoranda on employee
conduct and performance (i.e.,
employee evaluation, employee forms,
leave records, work assignments, or
disciplinary problems), including
performance-related records described
in the Government-wide system of
records notice published by the Office
of Personnel Management (OPM) for
this system of records, OPM/GOVT–2,
or any successor OPM system notice
that may be published for this system.
There may be records relating to
employee work schedules,
consideration given to applicants for
positions with the FTC, and ‘‘emergency
contact’’ information collected by
various offices informally.
RECORD SOURCE CATEGORIES:
Individual to whom the record
pertains; individual’s supervisors;
managers; Performance Review Boards;
Executive Resource Boards; and other
interested parties.
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ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES OF USERS AND
THE PURPOSES OF SUCH USES:
(1) Records identifying the
individual’s work schedule may be
disclosed to that extent and for that
purpose to others within or outside the
agency;
(2) Records may be referred to the
Office of Personnel Management
concerning pay benefits, retirement
deductions, and other information
necessary for OPM to carry out its
government-wide personnel
management functions; and
(3) Records may also be used or
disclosed for any of the purposes or
routine uses set forth in the
Government-wide systems of records
notice published by OPM for this
system of records, OPM/GOVT–2, or
any successor OPM system notice that
may be published for this system. (Visit
www.opm.gov for more information.)
For other ways that the Privacy Act
permits the FTC to use or disclose
system records outside the agency, see
Appendix I (Authorized Disclosures and
Routine Uses Applicable to All FTC
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Privacy Act Systems of Records),
available on the FTC’s website at
https://www.ftc.gov/about-ftc/foia/foiareading-rooms/privacy-act-systems and
at 83 FR 55541, 55542–55543 (Nov. 6,
2018).
POLICIES AND PRACTICES FOR STORAGE OF
RECORDS:
Maintained in file folders, envelopes
and in electronic formats.
POLICIES AND PRACTICES FOR RETRIEVAL OF
RECORDS:
Indexed by individual’s name.
POLICIES AND PRACTICES FOR RETENTION AND
DISPOSAL OF RECORDS:
Records are generally retained in
accordance with National Archives and
Records Administration (NARA)
General Records Schedule (GRS) 2.2,
items 80 (supervisory personnel files)
and 70–73 (employee performance
records). A detailed retention schedule
for employee performance-related
records, which include ratings of record,
supporting documentation for those
ratings, and any other performancerelated material required by agency
performance appraisal system, is also
set forth in OPM/GOVT–2. In general,
supervisory personnel files are
destroyed within 1 year after the
employee separates or transfers from the
agency, and employee performance
records that have not been destroyed as
obsolete or superseded, or have not been
placed in the employee’s Official
Personnel Folder (OPF), see FTC II–1,
are destroyed when they are 4 years old
for non-SES appointees, or 5 years old
for SES appointments. Where any of
these records are needed in connection
with an administrative, quasi-judicial or
judicial proceeding, they may be
retained as authorized by GRS 2.2–2.3.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL
SAFEGUARDS:
Access is restricted to agency
personnel or contractors whose
responsibilities require access. Paper
records are maintained in lockable
rooms or file cabinets. Access to
electronic records is controlled by ‘‘user
ID’’ and password combination and/or
other appropriate electronic access or
network controls (e.g., firewalls). FTC
buildings are guarded and monitored by
security personnel, cameras, ID checks,
and other physical security measures.
RECORD ACCESS PROCEDURES:
See § 4.13 of the FTC’s Rules of
Practice, 16 CFR 4.13. For additional
guidance, see also Appendix II (How To
Make A Privacy Act Request), available
on the FTC’s website at https://
www.ftc.gov/about-ftc/foia/foia-reading-
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16501
rooms/privacy-act-systems and at 73 FR
33592, 33634 (June 12, 2008). Current
FTC employees may also request access
to their records directly from the
manager maintaining the documents. If
these documents have become part of a
case file, due to an official review or
investigation, the employee may request
access through the appropriate office
conducting the review or investigation
(e.g., the Office of Inspector General,
General Counsel, Equal Employment
Opportunity and Workplace Inclusion,
etc.).
CONTESTING RECORD PROCEDURES:
See § 4.13 of the FTC’s Rules of
Practice, 16 CFR 4.13. For additional
guidance, see also Appendix II (How To
Make A Privacy Act Request), available
on the FTC’s website at https://
www.ftc.gov/about-ftc/foia/foia-readingrooms/privacy-act-systems and at 73 FR
33592, 33634 (June 12, 2008). Current
FTC employees may also request access
to their records directly from the
manager maintaining the documents. If
these documents have become part of a
case file, due to an official review or
investigation, the employee may request
access through the appropriate office
conducting the review or investigation
(OIG, OGC, EEO, ER/LR, etc.).
NOTIFICATION PROCEDURES:
See § 4.13 of the FTC’s Rules of
Practice, 16 CFR 4.13. For additional
guidance, see also Appendix II (How To
Make A Privacy Act Request), available
on the FTC’s website at https://
www.ftc.gov/about-ftc/foia/foia-readingrooms/privacy-act-systems and at 73 FR
33592, 33634 (June 12, 2008). Current
FTC employees may also request access
to their records directly from the
manager maintaining the documents. If
these documents have become part of a
case file, due to an official review or
investigation, the employee may request
access through the appropriate office
conducting the review or investigation
(OIG, OGC, EEO, ER/LR, etc.).
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
None.
HISTORY:
80 FR 9460–9465 (February 23, 2015).
74 FR 17863–17866 (April 17, 2009).
73 FR 33591–33634 (June 12, 2008).
SYSTEM NAME AND NUMBER:
Workers’ Compensation—FTC (FTC–
II–3).
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
Federal Trade Commission, 600
Pennsylvania Avenue NW, Washington,
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DC 20580. For other locations where
records may be maintained or accessed,
see Appendix III (Locations of FTC
Buildings and Regional Offices),
available on the FTC’s website at
https://www.ftc.gov/about-ftc/foia/foiareading-rooms/privacy-act-systems and
at 80 FR 9460, 9465 (Feb. 23, 2015).
SYSTEM MANAGER(S):
Chief Human Capital Officer, Human
Capital Management Office (HCMO),
Federal Trade Commission, 600
Pennsylvania Avenue NW, Washington,
DC 20580, email: SORNs@ftc.gov.
See DOL/GOVT–1 for information
about the system manager and address
for that system.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
Federal Employees Compensation Act
(FECA), 5 U.S.C. 8101 et seq., 20 CFR
1.1 et seq.
PURPOSE(S) OF THE SYSTEM:
To consider claims filed by employees
and/or their survivors for compensation
under FECA based on work-related
injuries, and to maintain records
concerning such claims. The FECA
establishes the system for processing
and adjudicating claims that the
Commission employee and/or the
Commission and other covered
individuals file with DOL’s Office of
Workers’ Compensation Programs,
seeking monetary, medical and similar
benefits for injuries or deaths sustained
by the individual while in the
performance of duty. The records
maintained in this system are created as
a result of and are necessary to this
process. The records provide
information and verification about the
individual’s employment-related injury
and the resulting disabilities and/or
impairments, if any, on which decisions
awarding or denying benefits provided
under the FECA must be based.
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CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
Individuals (i.e., FTC employees) and/
or their survivors who file claims
seeking benefits under the Federal
Employees’ Compensation Act (FECA)
for injuries sustained by the individual
while in the performance of duty. The
FECA applies to all civilian Federal
employees, including various classes of
persons whom provide or have provided
personal service to the government of
the United States.
CATEGORIES OF RECORDS IN THE SYSTEM:
This system may contain the
following kinds of records: Names;
Social Security numbers; reports of
injury by the employee and/or the
Commission; claim forms filed by or on
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Jkt 247001
behalf of injured employees or their
survivors seeking benefits under the
FECA; forms authorizing medical care
and treatment; other medical records
and reports; bills and other payment
records; compensation payment records;
copies of formal orders for or against the
payment of benefits; copies of
transcripts of hearings conducted; and
any other medical, employment, or
personal information submitted or
gathered in connection with the claim.
The system may also contain
information relating to dates of birth,
marriage, divorce, and death; notes of
telephone conversations conducted in
connection with the claim; information
relating to vocational and/or medical
rehabilitation plans and progress
reports; records relating to court
proceedings, insurance, banking and
employment; articles from newspapers
and other publications; information
relating to other benefits (financial and
otherwise) the claimant may be entitled
to; and information received from
various investigative agencies
concerning possible violations of
Federal civil or criminal law. The
system may also contain consumer
credit reports on individuals indebted to
the United States, information relating
to the debtor’s assets, liabilities, income
and expenses, personal financial
statements, correspondence to and from
the debtor, information relating to the
location of the debtor, and other records
and reports relating to the
implementation of the Federal Claims
Collection Act (as amended), including
investigative reports or administrative
review matters. Individual records listed
here are included in a claim file only
insofar as they may be pertinent or
applicable to the employee or
beneficiary.
This system includes only claimsrelated records maintained by the FTC.
Claims are transmitted the United States
Department of Labor (DOL) for
processing and adjudication. Data
maintained by DOL by the Governmentwide system of records notice published
by DOL for its system of records, see
DOL/GOVT–1 (Office of Workers’
Compensation Programs, Federal
Employees’ Compensation Act File) or
any successor DOL system notice that
may be published for that system.
ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES OF USERS AND
THE PURPOSES OF SUCH USES:
RECORD SOURCE CATEGORIES:
Access is restricted to agency
personnel or contractors whose
responsibilities require access. Paper
records are maintained in lockable
rooms or file cabinets. Access to
electronic records is controlled by ‘‘user
ID’’ and password combination and/or
other appropriate electronic access or
network controls (e.g., firewalls). FTC
Employee claiming work-related
injury; beneficiaries; witnesses; FTC
supervisors, managers, and responsible
FTC HCMO staff; DOL; suppliers of
health care products and services and
their agents and representatives,
including physicians, hospitals, and
clinics; consumer credit reports, etc.
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Records in this system may be:
(1) Disclosed in response to queries
from Department of Labor, Office of
Workers Compensation Programs,
supervisors and employees about
compensation claims; and
(2) Used or disclosed for any purpose
or routine use set forth in the system of
records notice published by DOL for
this system of records, DOL/GOVT–1
(Office of Workers’ Compensation
Programs, Federal Employees’
Compensation Act File), or any
successor DOL system notice that may
be published for this system.
For other ways that the Privacy Act
permits the FTC to use or disclose
system records outside the agency, see
Appendix I (Authorized Disclosures and
Routine Uses Applicable to All FTC
Privacy Act Systems of Records),
available on the FTC’s website at
https://www.ftc.gov/about-ftc/foia/foiareading-rooms/privacy-act-systems and
at 83 FR 55541, 55542–55543 (Nov. 6,
2018).
POLICIES AND PRACTICES FOR STORAGE OF
RECORDS:
Maintained in file folders or
temporary electronic files.
POLICIES AND PRACTICES FOR RETRIEVAL OF
RECORDS:
Indexed by individual’s name.
POLICIES AND PRACTICES FOR RETENTION AND
DISPOSAL OF RECORDS:
Records are retained and disposed of
under the National Archives and
Records Administration’s General
Records Schedule 2.4, items 100–101.
See DOL/GOVT–1 for the retention
and disposal schedules that apply to
claims files maintained by that agency.
In general, all case files and automated
data in that system pertaining to a claim
are destroyed 15 years after the case file
has become inactive. Case files that have
been scanned to create electronic copies
are destroyed after the copies are
verified. Automated data are retained in
their most current form only, however,
and as information is updated, outdated
information is deleted.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL
SAFEGUARDS:
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buildings are guarded and monitored by
security personnel, cameras, ID checks,
and other physical security measures.
RECORD ACCESS PROCEDURES:
See § 4.13 of the FTC’s Rules of
Practice, 16 CFR 4.13. For additional
guidance, see also Appendix II (How To
Make A Privacy Act Request), available
on the FTC’s website at https://
www.ftc.gov/about-ftc/foia/foia-readingrooms/privacy-act-systems and at 73 FR
33592, 33634 (June 12, 2008). Current
FTC employees may directly access
their records via DOL’s electronic
system, ECOMP (Employees’
Compensation Operations &
Management Portal). Access to their
specific records is controlled by ‘‘user
ID’’ and password combination and/or
other appropriate electronic access or
network controls (e.g., firewalls). See
DOL/GOVT–1 for information about the
notification, record access and
contesting procedures for claims records
maintained by DOL.
CONTESTING RECORD PROCEDURES:
See § 4.13 of the FTC’s Rules of
Practice, 16 CFR 4.13. For additional
guidance, see also Appendix II (How To
Make A Privacy Act Request), available
on the FTC’s website at https://
www.ftc.gov/about-ftc/foia/foia-readingrooms/privacy-act-systems and at 73 FR
33592, 33634 (June 12, 2008). See DOL/
GOVT–1 for information about the
notification, record access and
contesting procedures for claims records
maintained by DOL.
NOTIFICATION PROCEDURES:
See § 4.13 of the FTC’s Rules of
Practice, 16 CFR 4.13. For additional
guidance, see also Appendix II (How To
Make A Privacy Act Request), available
on the FTC’s website at https://
www.ftc.gov/about-ftc/foia/foia-readingrooms/privacy-act-systems and at 73 FR
33592, 33634 (June 12, 2008). See DOL/
GOVT–1 for information about the
notification, record access and
contesting procedures for claims records
maintained by DOL.
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EXEMPTIONS PROMULGATED FOR THE SYSTEM:
As explained in DOL/GOVT–1, in
accordance with 5 U.S.C. 552a(k)(2),
investigative materials, if any, in this
system of records compiled for law
enforcement purposes are exempt from
subsections (c)(3), (d), (e)(1), (e)(4)(G),
(H) and (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
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16:23 Apr 18, 2019
Jkt 247001
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 under an
express promise that the identity of the
source would be held in confidence, or
prior to January 1, 1975, under an
implied promise that the identity of the
source would be held in confidence.
HISTORY:
80 FR 9460–9465 (February 23, 2015).
73 FR 33591–33634 (June 12, 2008).
*
*
*
*
*
16503
submitted, generated, or otherwise
compiled and maintained by the FTC as
part of the recruitment, examination, or
placement of individuals seeking FTC
employment. Records covered by this
system are fully described in the
Government-wide system of records
notice published by the Office of
Personnel Management (OPM) for this
system of records, OPM/GOVT–5
(Recruiting, Examining, and Placement
Records).
RECORD SOURCE CATEGORIES:
Applicants; OPM; applicants’
personal references; FTC contractor’s
website.
SYSTEM NAME AND NUMBER:
Employment Application-Related
Records–FTC (FTC–II–4).
ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES OF USERS AND
THE PURPOSES OF SUCH USES:
SECURITY CLASSIFICATION:
See OPM/GOVT–5 for a list of routine
uses authorized by OPM for records in
this system. Those uses include, for
example:
(1) 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, when the disclosing agency
becomes aware of an indication of a
violation or potential violation of civil
or criminal law or regulation.
(2) To disclose information to any
source from which additional
information is requested (to the extent
necessary to identify the individual,
inform the source of the purposes of the
request, and to identify the type of
information requested), when necessary
to obtain information relevant to an
agency decision concerning hiring or
retaining an employee, issuing a
security clearance, conducting a
security or suitability investigation of an
individual, classifying positions, letting
a contract, or issuing a license, grant or
other benefit.
(3) 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, classifying positions, letting
a contract, or issuing 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 in the matter.
For other ways that the Privacy Act
permits the FTC to use or disclose
system records outside the agency, see
Appendix I (Authorized Disclosures and
Routine Uses Applicable to All FTC
Privacy Act Systems of Records),
available on the FTC’s website at
https://www.ftc.gov/about-ftc/foia/foia-
Unclassified.
SYSTEM LOCATION:
Federal Trade Commission, 600
Pennsylvania Avenue NW, Washington,
DC 20580. For other locations where
records may be maintained or accessed,
see Appendix III (Locations of FTC
Buildings and Regional Offices),
available on the FTC’s website at
https://www.ftc.gov/about-ftc/foia/foiareading-rooms/privacy-act-systems and
at 80 FR 9460, 9465 (Feb. 23, 2015).
SYSTEM MANAGER(S):
Chief Human Capital Officer, Human
Capital Management Office, Federal
Trade Commission, 600 Pennsylvania
Avenue NW, Washington, DC 20580.
See OPM/GOVT–5 for information
about the system manager and address
for OPM’s system of records.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
Federal Trade Commission Act, 15
U.S.C. 41 et seq.; 5 U.S.C. ch. 33, subch.
I; 5 U.S.C. 4103; Executive Order 9397.
PURPOSE(S) OF THE SYSTEM:
To consider individuals who have
applied for FTC employment by
evaluating and making determinations
of their qualifications or ineligibility; to
rate and rank applicants for purposes of
selecting candidates for employment. As
noted in OPM/GOVT–5, records are also
maintained and used to help identify
training needs and for referral or
research purposes.
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
Individuals who have applied for
employment at the FTC.
CATEGORIES OF RECORDS IN THE SYSTEM:
Applications for employment,
correspondence, and other records
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reading-rooms/privacy-act-systems and
at 83 FR 55541, 55542–55543 (Nov. 6,
2018).
POLICIES AND PRACTICES FOR STORAGE OF
RECORDS:
Electronic, paper, or other nonelectronic records. The FTC (through an
FTC contractor and in conjunction with
OPM) uses websites to collect personal
data from applicants for electronic
management, processing, and storage.
These data can also be downloaded and
printed out.
POLICIES AND PRACTICES FOR RETRIEVAL OF
RECORDS:
POLICIES AND PRACTICES FOR RETENTION AND
DISPOSAL OF RECORDS:
Records in this system are retained for
varying lengths of time pursuant to the
National Archives and Records
Administration’s General Records
Schedule 2.1. Job vacancy records in
this system are retained for two years
after selection certificate is closed or
final settlement of any associated
litigation, whichever is later, and job
applications in this system are retained
for one year after date of submission.
Interview records related to filling job
vacancies are retained two years after
case is closed by hire or non-selection,
expiration of right to appeal a nonselection, or final settlement of any
associated litigation, whichever is later.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL
SAFEGUARDS:
Access is restricted to FTC personnel
and contractors whose job duties require
such access. Paper records are
maintained in lockable cabinets or
offices. Burn bags or shredding is used
to destroy printouts, correspondence, or
other records containing sensitive data.
Access to electronic records is protected
by ‘‘user ID’’ and password combination
and/or other access or network controls
(e.g., firewalls). FTC buildings are
guarded and monitored by security
personnel, cameras, ID checks, and
other physical security measures.
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RECORD ACCESS PROCEDURES:
See § 4.13 of the FTC’s Rules of
Practice, 16 CFR 4.13. For additional
guidance, see also Appendix II (How To
Make A Privacy Act Request), available
on the FTC’s website at https://
www.ftc.gov/about-ftc/foia/foia-readingrooms/privacy-act-systems and at 73 FR
33592, 33634 (June 12, 2008).
CONTESTING RECORD PROCEDURES:
See § 4.13 of the FTC’s Rules of
Practice, 16 CFR 4.13. For additional
guidance, see also Appendix II (How To
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Jkt 247001
NOTIFICATION PROCEDURES:
See § 4.13 of the FTC’s Rules of
Practice, 16 CFR 4.13. For additional
guidance, see also Appendix II (How To
Make A Privacy Act Request), available
on the FTC’s website at https://
www.ftc.gov/about-ftc/foia/foia-readingrooms/privacy-act-systems and at 73 FR
33592, 33634 (June 12, 2008).
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
By name only.
VerDate Sep<11>2014
Make A Privacy Act Request), available
on the FTC’s website at https://
www.ftc.gov/about-ftc/foia/foia-readingrooms/privacy-act-systems and at 73 FR
33592, 33634 (June 12, 2008).
See OPM/GOVT–5 and 5 CFR
297.501. Investigatory materials, if any,
relating to eligibility determinations,
where disclosure may reveal
confidential sources, in this system are
exempted under 5 U.S.C. 552a(k)(5).
HISTORY:
80 FR 9460–9465 (February 23, 2015).
73 FR 33591–33634 (June 12, 2008).
*
*
*
*
*
SYSTEM NAME AND NUMBER:
Equal Employment Opportunity
Statistical Reporting System–FTC (FTC–
II–5).
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
Federal Trade Commission, 600
Pennsylvania Avenue NW, Washington,
DC 20580. For other locations where
records may be maintained or accessed,
see Appendix III (Locations of FTC
Buildings and Regional Offices),
available on the FTC’s website at
https://www.ftc.gov/about-ftc/foia/foiareading-rooms/privacy-act-systems and
at 80 FR 9460, 9465 (Feb. 23, 2015).
SYSTEM MANAGER(S):
Director, Equal Employment
Opportunity Office, Federal Trade
Commission, 600 Pennsylvania Avenue
NW, Washington, DC 20580, email:
SORNs@ftc.gov.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
5 U.S.C. 1301, 3301, 7201, 7204;
Executive Order 10577; 42 U.S.C.
2000e–16; Public Law 93–112.
PURPOSE(S) OF THE SYSTEM:
To maintain EEO-related data about
the FTC workforce; to protect and limit
access to such workforce data by
collecting and maintaining such data
separately from certain other human
resources records about employees; to
provide the FTC’s EEO Office with data
necessary to create general statistical
analyses and reports.
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CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
FTC employees.
CATEGORIES OF RECORDS IN THE SYSTEM:
Coded minority group designations
and other data relevant to equal
employment opportunity (EEO) at the
FTC; other employee identification data
(e.g., position, grade, office or duty
station).
RECORD SOURCE CATEGORIES:
Self-identification by employee (e.g.,
on information collection forms
completed by the employee); visual
identification of employees or other
personal information or knowledge used
by FTC Human Resources or other staff
for coding EEO-related data into the
system; employee identification data
from other human resources record
systems (e.g., FTC–II–I, General
Personnel Records–FTC).
ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES OF USERS AND
THE PURPOSES OF SUCH USES:
Data from system records are
disclosed only in aggregate, nonindividually identifiable form in
analyses and reports generated for use
within the FTC and for reporting to
Congress, the Office of Management and
Budget, the Equal Employment
Opportunity Commission, and the
Office of Personnel Management, as
required by law. For other ways that the
Privacy Act permits the FTC to use or
disclose system records outside the
agency, see Appendix I (Authorized
Disclosures and Routine Uses
Applicable to All FTC Privacy Act
Systems of Records), available on the
FTC’s website at https://www.ftc.gov/
about-ftc/foia/foia-reading-rooms/
privacy-act-systems and at 83 FR 55541,
55542–55543 (Nov. 6, 2018).
POLICIES AND PRACTICES FOR STORAGE OF
RECORDS:
Data from information collection
forms completed by FTC employees are
entered into and stored in a structured
electronic database maintained on
agency servers, with restricted access
(see ‘‘Safeguards’’ below). Paper forms
are compiled and kept in the FTC’s EEO
Office.
POLICIES AND PRACTICES FOR RETRIEVAL OF
RECORDS:
Indexed by name of individual, name
of group, or by cross-reference to title
and grade or other human resources
data fields or codes.
POLICIES AND PRACTICES FOR RETENTION AND
DISPOSAL OF RECORDS:
Records are retained and destroyed in
accordance with schedules and
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guidance issued or approved by the
National Archives and Records
Administration. See, e.g., General
Records Schedule 2.3, item 35 (EEOrelated employment statistics), which
authorizes disposal after five years.
SYSTEM NAME AND NUMBER:
RECORD SOURCE CATEGORIES:
Discrimination Complaint System–
FTC (FTC–II–6).
Individual about whom the record is
maintained, affiants, and EEO staff,
other personnel records.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL
SAFEGUARDS:
SYSTEM LOCATION:
SECURITY CLASSIFICATION:
Unclassified.
Access is restricted to FTC personnel
or contractors whose job duties require
such access. Initial receipt and handling
of information collection forms, as well
as entry of data into computerized
databases, is limited to authorized FTC
individuals. Information collection
forms are forwarded to and stored in
lockable cabinets and offices within the
FTC’s EEO Office. Completed forms and
system data are stored and maintained
separately from other human resources
records to prevent access or use by
unauthorized individuals. Access to
electronic records is controlled by ‘‘user
ID’’ and password combination, and
may be obtained only by written
authorization of the FTC’s EEO Director.
System database is further protected by
other network controls (e.g., firewalls).
FTC buildings are guarded and
monitored by security personnel,
cameras, ID checks, and other physical
security measures.
RECORD ACCESS PROCEDURES:
See § 4.13 of the FTC’s Rules of
Practice, 16 CFR 4.13. For additional
guidance, see also Appendix II (How To
Make A Privacy Act Request), available
on the FTC’s website at https://
www.ftc.gov/about-ftc/foia/foia-readingrooms/privacy-act-systems and at 73 FR
33592, 33634 (June 12, 2008).
CONTESTING RECORD PROCEDURES:
See § 4.13 of the FTC’s Rules of
Practice, 16 CFR 4.13. For additional
guidance, see also Appendix II (How To
Make A Privacy Act Request), available
on the FTC’s website at https://
www.ftc.gov/about-ftc/foia/foia-readingrooms/privacy-act-systems and at 73 FR
33592, 33634 (June 12, 2008).
NOTIFICATION PROCEDURES:
khammond on DSKBBV9HB2PROD with NOTICES
16505
See § 4.13 of the FTC’s Rules of
Practice, 16 CFR 4.13. For additional
guidance, see also Appendix II (How To
Make A Privacy Act Request), available
on the FTC’s website at https://
www.ftc.gov/about-ftc/foia/foia-readingrooms/privacy-act-systems and at 73 FR
33592, 33634 (June 12, 2008).
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
None.
HISTORY:
*
73 FR 33591–33634 (June 12, 2008).
*
*
*
*
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ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES OF USERS AND
THE PURPOSES OF SUCH USES:
Federal Trade Commission, 600
Pennsylvania Avenue NW, Washington,
DC 20580. For other locations where
records may be maintained or accessed,
see Appendix III (Locations of FTC
Buildings and Regional Offices),
available on the FTC’s website at
https://www.ftc.gov/about-ftc/foia/foiareading-rooms/privacy-act-systems and
at 80 FR 9460, 9465 (Feb. 23, 2015).
SYSTEM MANAGER(S):
Director, Equal Employment
Opportunity Office, Federal Trade
Commission, 600 Pennsylvania Avenue
NW, Washington, DC 20580, email:
SORNs@ftc.gov.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
Section 717 of Title VII of the Civil
Rights Act of 1964, as amended, 42
U.S.C. 2000e–16; 29 CFR part 1614.
PURPOSE(S) OF THE SYSTEM:
To assist in the consideration given to
reviews of potential or alleged
violations of equal employment
opportunity (EEO) statutes and
regulations and to maintain records on
pre-complaint and complaint matters
relating to those issues; for the purpose
of counseling, investigating, and
adjudicating such complaints; to resolve
issues related to alleged discrimination
because of race, color, religion, sex,
national origin, age, physical or mental
disability, sexual orientation, or status
as a parent in connection with EEO
matters; to make reports to Office of
Management and Budget, Merit Systems
Protection Board, and Equal
Employment Opportunity Commission.
(This system corresponds to EEOC/
GOVT–1, Equal Employment
Opportunity in the Federal Government
Complaint and Appeal Records.)
The system of records notice
published for this system by the EEOC
(EEO/GOVT–1) sets forth the routine
uses (disclosures) of records in this
system outside the agency. (For further
information, the EEOC’s website is
www.eeoc.gov.)
In addition, records in this system
may be routinely used and/or disclosed:
(1) To the complainant’s lawyer or
other formally designated representative
of the individual, to the extent required
by applicable Federal sector equal
employment law and regulations.
Portions of the investigatory file may be
redacted to protect against disclosure
outside the agency of information about
individuals other than the complainant.
(2) As relevant and necessary in
administrative hearings and appeals to
which the complainant and the FTC are
parties before the EEOC, including any
related court litigation or appeals.
For other ways that the Privacy Act
permits the FTC to use or disclose
system records outside the agency, see
Appendix I (Authorized Disclosures and
Routine Uses Applicable to All FTC
Privacy Act Systems of Records),
available on the FTC’s website at
https://www.ftc.gov/about-ftc/foia/foiareading-rooms/privacy-act-systems and
at 83 FR 55541, 55542–55543 (Nov. 6,
2018).
POLICIES AND PRACTICES FOR STORAGE OF
RECORDS:
Documents consist mainly of paper
records; certain records (e.g., draft
memoranda, letters, emails) may be
generated or maintained electronically.
POLICIES AND PRACTICES FOR RETRIEVAL OF
RECORDS:
Indexed by name of the complainant.
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
POLICIES AND PRACTICES FOR RETENTION AND
DISPOSAL OF RECORDS:
Past or present Federal Trade
Commission employees and applicants
for employment.
Records are retained pursuant to
General Records Schedule 2.3 for
varying periods of time after resolution
of a case; including cases that did not
result in an official formal or informal
EEO complaint (2 years), cases resolved
within the agency that did not go to the
formal process stage (3 years), and cases
resolved by formal process within the
agency, by the Equal Employment
Opportunity Commission, or by a U.S.
Court (7 years).
CATEGORIES OF RECORDS IN THE SYSTEM:
Complaints, affidavits, supporting
documents, memoranda,
correspondence, and notes relevant to
and compiled during precomplaint and
complaint investigations and matters at
the FTC; investigatory files and reports
incorporating copies of such records.
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ADMINISTRATIVE, TECHNICAL, AND PHYSICAL
SAFEGUARDS:
SYSTEM LOCATION:
Access is restricted to FTC personnel
and contractors whose responsibilities
require access. Paper records are
maintained in lockable cabinets in the
FTC’s EEO Office, and access is
restricted to FTC’s EEO staff and parties
concerned in any related proceeding.
Access to electronic records is
controlled by ‘‘user ID’’ and password
combination, and/or other appropriate
electronic access and network controls
(e.g., firewalls). FTC buildings are
guarded and monitored by security
personnel, cameras, ID checks, and
other physical security measures.
SYSTEM MANAGER(S):
Chief Human Capital Officer, Human
Capital Management Office, Federal
Trade Commission, 600 Pennsylvania
Avenue NW, Washington, DC 20580.
RECORD ACCESS PROCEDURES:
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
See § 4.13 of the FTC’s Rules of
Practice, 16 CFR 4.13. For additional
guidance, see also Appendix II (How To
Make A Privacy Act Request), available
on the FTC’s website at https://
www.ftc.gov/about-ftc/foia/foia-readingrooms/privacy-act-systems and at 73 FR
33592, 33634 (June 12, 2008).
5 U.S.C. 4301 et seq.; 5 U.S.C. 4311
et seq.; 5 U.S.C. 7101 et seq.; 5 U.S.C.
7501 et seq.; 5 U.S.C. 7511 et seq.; 5
U.S.C. 7541 et seq.; and 5 CFR parts 293,
315, 432 & 752.
CONTESTING RECORD PROCEDURES:
See § 4.13 of the FTC’s Rules of
Practice, 16 CFR 4.13. For additional
guidance, see also Appendix II (How To
Make A Privacy Act Request), available
on the FTC’s website at https://
www.ftc.gov/about-ftc/foia/foia-readingrooms/privacy-act-systems and at 73 FR
33592, 33634 (June 12, 2008).
NOTIFICATION PROCEDURES:
See § 4.13 of the FTC’s Rules of
Practice, 16 CFR 4.13. For additional
guidance, see also Appendix II (How To
Make A Privacy Act Request), available
on the FTC’s website at https://
www.ftc.gov/about-ftc/foia/foia-readingrooms/privacy-act-systems and at 73 FR
33592, 33634 (June 12, 2008).
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
As provided in EEOC/GOVT–1,
pursuant to subsection (k)(2) of the
Privacy Act, 5 U.S.C. 552a(k)(2),
investigatory materials, if any, compiled
for law enforcement purposes in this
system of records are exempt from
subsections (c)(3), (d), (e)(1), (e)(4)(G),
(e)(4)(H), (e)(4)(I) and (f) of the Act.
HISTORY:
khammond on DSKBBV9HB2PROD with NOTICES
Federal Trade Commission, 600
Pennsylvania Avenue NW, Washington,
DC 20580. For other locations where
records may be maintained or accessed,
see Appendix III (Locations of FTC
Buildings and Regional Offices),
available on the FTC’s website at
https://www.ftc.gov/about-ftc/foia/foiareading-rooms/privacy-act-systems and
at 80 FR 9460, 9465 (Feb. 23, 2015).
*
73 FR 33591–33634 (June 12, 2008).
*
*
*
*
PURPOSE(S) OF THE SYSTEM:
To document proposed and final
agency decisions on disciplinary
actions, adverse actions, and
performance-based actions in order for
them to be defensible before third-party
review.
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
Current or former FTC employees
who have been disciplined or had a
performance- based action taken against
them, or who have a proposed
disciplinary or performance-based
action against them.
CATEGORIES OF RECORDS IN THE SYSTEM:
Case files and records related to
adverse actions and performance-based
actions (removal, suspension, reductionin-grade) against employees. The file
can include a copy of the proposed
adverse action with supporting
documents, statements of witnesses,
employee’s reply, hearing notices,
reports, agency decisions, reversal of
action, and appeal records. Other types
of records are set out in the Office of
Personnel Management (OPM) Privacy
Act system of records notice applicable
to this system, OPM/GOVT–3 (Records
of Adverse Actions, Performance Based
Reduction in Grade and Removal
Actions, and Termination of
Probationers), or any successor system
notice for this system.
SYSTEM NAME AND NUMBER:
RECORD SOURCE CATEGORIES:
Employee Adverse Action and
Disciplinary Records–FTC. (FTC–II–8).
Individual about whom the records
pertain, witnesses, supervisors, program
managers, counselors, related
correspondence from organizations or
persons.
SECURITY CLASSIFICATION:
Unclassified.
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ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES OF USERS AND
THE PURPOSES OF SUCH USES:
Records in this system may be
disclosed for any of the routine uses set
forth in OPM/GOVT–3.
In addition, records in this system:
(1) Including records of disciplinary
actions, adverse actions and
performance-based actions, may be
disclosed to and used by employee
relations specialists or others whose
official duties require such information;
(2) Including records of official time
used and travel and per diem money
spent while attending to union business,
may be disclosed to and used by labor
relations specialists and others whose
official duties require such information.
Information in system records may also
be disclosed to officials of labor
organizations recognized under 5 U.S.C.
7101 et seq. when relevant and
necessary to their duties as exclusive
representative; and
(3) May be disclosed to the Federal
Labor Relations Authority (including its
General Counsel) when requested in
connection with investigation and
resolution of allegations of unfair labor
practices, in connection with the
resolution of exceptions to arbitrator’s
awards where a question of material fact
is raised and matters before the Federal
Service Impasses Panel.
For other ways that the Privacy Act
permits the FTC to use or disclose
system records outside the agency, see
Appendix I (Authorized Disclosures and
Routine Uses Applicable to All FTC
Privacy Act Systems of Records),
available on the FTC’s website at
https://www.ftc.gov/about-ftc/foia/foiareading-rooms/privacy-act-systems and
at 83 FR 55541, 55542–55543 (Nov. 6,
2018).
POLICIES AND PRACTICES FOR STORAGE OF
RECORDS:
Paper records stored in file folders;
temporary electronic files.
POLICIES AND PRACTICES FOR RETRIEVAL OF
RECORDS:
Indexed by individual’s name.
POLICIES AND PRACTICES FOR RETENTION AND
DISPOSAL OF RECORDS:
Records related to adverse actions,
performance-based reduction-in-grade
and removal actions, and termination of
probationers are destroyed seven years
after case is closed in accordance with
General Records Schedule 2.3, items
60–62, issued by the National Archives
and Records Administration. Actions
related to labor management relations
arbitration are destroyed 5 years after
final resolution in accordance with
General Records Schedule 2.3, item 52.
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ADMINISTRATIVE, TECHNICAL, AND PHYSICAL
SAFEGUARDS:
reading-rooms/privacy-act-systems and
at 80 FR 9460, 9465 (Feb. 23, 2015).
Access is restricted to agency
personnel or contractors whose
responsibilities require access. Paper
records are maintained in lockable
rooms or file cabinets. Access to any
electronic records is controlled by ‘‘user
ID’’ and password combination and/or
other appropriate access or network
controls (e.g., firewalls). FTC buildings
are guarded and monitored by security
personnel, cameras, ID checks, and
other physical security measures.
Deputy General Counsel for Legal
Counsel, Office of the General Counsel,
Federal Trade Commission, 600
Pennsylvania Avenue NW, Washington,
DC 20580.
Assistant Chief Financial Officer for
Financial Systems, Internal Control and
Policy, Financial Management Office,
Federal Trade Commission, 600
Pennsylvania Avenue NW, 20580.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
RECORD ACCESS PROCEDURES:
See § 4.13 of the FTC’s Rules of
Practice, 16 CFR 4.13. For additional
guidance, see also Appendix II (How To
Make A Privacy Act Request), available
on the FTC’s website at https://
www.ftc.gov/about-ftc/foia/foia-readingrooms/privacy-act-systems and at 73 FR
33592, 33634 (June 12, 2008).
CONTESTING RECORD PROCEDURES:
See § 4.13 of the FTC’s Rules of
Practice, 16 CFR 4.13. For additional
guidance, see also Appendix II (How To
Make A Privacy Act Request), available
on the FTC’s website at https://
www.ftc.gov/about-ftc/foia/foia-readingrooms/privacy-act-systems and at 73 FR
33592, 33634 (June 12, 2008).
NOTIFICATION PROCEDURES:
Federal Tort Claims Act, 28 U.S.C.
1346(b), 28 U.S.C. 2671–2680; Military
Personnel and Civilian Employees’
Claims Act, 31 U.S.C. 3721.
PURPOSE(S) OF THE SYSTEM:
To consider claims made under the
above-cited statutes; to investigate those
claims; to determine appropriate
responses to those claims; and to
maintain records outlining all
considerations and actions related to
those claims.
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
Individuals who have claimed
reimbursement from FTC under Federal
Tort Claims Act and Military Personnel
and Civilian Employees’ Claims Act.
See § 4.13 of the FTC’s Rules of
Practice, 16 CFR 4.13. For additional
guidance, see also Appendix II (How To
Make A Privacy Act Request), available
on the FTC’s website at https://
www.ftc.gov/about-ftc/foia/foia-readingrooms/privacy-act-systems and at 73 FR
33592, 33634 (June 12, 2008).
CATEGORIES OF RECORDS IN THE SYSTEM:
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
Individual about whom the record
pertains (claimant); FTC employee
involved in incident; other FTC
employees or other persons having
knowledge of the circumstances; official
police report (if any); and insurance
company representing claimant (if any).
None.
HISTORY:
80 FR 9460–9465 (February 23, 2015).
73 FR 33591–33634 (June 12, 2008).
SYSTEM NAME AND NUMBER:
Claimants Under Federal Tort Claims
Act and Military Personnel and Civilian
Employees’ Claims Act–FTC. (FTC–II–
9).
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
khammond on DSKBBV9HB2PROD with NOTICES
SYSTEM MANAGER(S):
Federal Trade Commission, 600
Pennsylvania Avenue NW, Washington,
DC 20580. For other locations where
records may be maintained or accessed,
see Appendix III (Locations of FTC
Buildings and Regional Offices),
available on the FTC’s website at
https://www.ftc.gov/about-ftc/foia/foia-
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16:23 Apr 18, 2019
Jkt 247001
Personal information relating to
incidents in which the FTC may be
liable for property damage, loss, or
personal injuries; reimbursement
applications; internal memoranda; and
witness statements.
RECORD SOURCE CATEGORIES:
ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES OF USERS AND
THE PURPOSES OF SUCH USES:
Records in this system:
(1) May be referred to Department of
Justice, General Services
Administration, or other federal agency
when the matter comes within the
jurisdiction of such agency; and
(2) May be used in discussions and
correspondence with insurance
companies, with other persons or
entities that may be liable, with
potential witnesses or others having
knowledge of the matter.
For other ways that the Privacy Act
permits the FTC to use or disclose
PO 00000
Frm 00053
Fmt 4703
Sfmt 4703
16507
system records outside the agency, see
Appendix I (Authorized Disclosures and
Routine Uses Applicable to All FTC
Privacy Act Systems of Records),
available on the FTC’s website at
https://www.ftc.gov/about-ftc/foia/foiareading-rooms/privacy-act-systems and
at 83 FR 55541, 55542–55543 (Nov. 6,
2018).
POLICIES AND PRACTICES FOR STORAGE OF
RECORDS:
Paper records stored in file folders;
temporary electronic files.
POLICIES AND PRACTICES FOR RETRIEVAL OF
RECORDS:
Indexed by individual’s name.
POLICIES AND PRACTICES FOR RETENTION AND
DISPOSAL OF RECORDS:
Records are retained for 7 years after
the matter has been resolved, and then
destroyed, as provided in General
Records Schedule 1.1, item 80, issued
by the National Archives and Records
Administration, except any claims files
that are affected by court order or
subject to litigation proceedings, which
are destroyed when the court order is
lifted or the litigation is concluded, or
when the files are 7 years, whichever is
later.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL
SAFEGUARDS:
Access is restricted to agency
personnel or contractors whose
responsibilities require access. Paper
records are maintained in lockable
rooms or file cabinets. Access to
electronic records is controlled by ‘‘user
ID’’ and password combination and/or
other appropriate access or network
controls (e.g., firewalls). FTC buildings
are guarded and monitored by security
personnel, cameras, ID checks, and
other physical security measures.
RECORD ACCESS PROCEDURES:
See § 4.13 of the FTC’s Rules of
Practice, 16 CFR 4.13. For additional
guidance, see also Appendix II (How To
Make A Privacy Act Request), available
on the FTC’s website at https://
www.ftc.gov/about-ftc/foia/foia-readingrooms/privacy-act-systems and at 73 FR
33592, 33634 (June 12, 2008).
CONTESTING RECORD PROCEDURES:
See § 4.13 of the FTC’s Rules of
Practice, 16 CFR 4.13. For additional
guidance, see also Appendix II (How To
Make A Privacy Act Request), available
on the FTC’s website at https://
www.ftc.gov/about-ftc/foia/foia-readingrooms/privacy-act-systems and at 73 FR
33592, 33634 (June 12, 2008).
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NOTIFICATION PROCEDURES:
See § 4.13 of the FTC’s Rules of
Practice, 16 CFR 4.13. For additional
guidance, see also Appendix II (How To
Make A Privacy Act Request), available
on the FTC’s website at https://
www.ftc.gov/about-ftc/foia/foia-readingrooms/privacy-act-systems and at 73 FR
33592, 33634 (June 12, 2008).
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
None.
HISTORY:
80 FR 9460–9465 (February 23, 2015).
74 FR 17863–17866 (April 17, 2009).
73 FR 33591–33634 (June 12, 2008).
*
*
*
*
*
SYSTEM NAME AND NUMBER:
e-Train Learning Management
System–FTC (FTC–II–12).
Unclassified.
SYSTEM LOCATION:
Federal Trade Commission, 600
Pennsylvania Avenue NW, Washington,
DC 20580. For other locations where
records may be maintained or accessed,
see Appendix III (Locations of FTC
Buildings and Regional Offices),
available on the FTC’s website at
https://www.ftc.gov/about-ftc/foia/foiareading-rooms/privacy-act-systems and
at 80 FR 9460, 9465 (Feb. 23, 2015).
SYSTEM MANAGER(S):
Chief Human Capital Officer, Human
Capital Management Office (HCMO),
Federal Trade Commission, 600
Pennsylvania Avenue NW, Washington,
DC 20580, email: SORNs@ftc.gov.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
Federal Trade Commission Act, 15
U.S.C. 41 et seq.; 5 U.S.C. ch. 41; 5 CFR
410.701.
khammond on DSKBBV9HB2PROD with NOTICES
PURPOSE(S) OF THE SYSTEM:
To provide information to agency
managers necessary to indicate the
training that has been requested and
provided to individual employees; to
determine course offerings and
frequency; and to manage the training
program administered by the Human
Capital Management Office. Since this
system is legally part of the OPM’s
Government-wide system of records
notice for this system, OPM/GOVT–1, it
is subject to the same purposes set forth
for that system by OPM, see OPM/
GOVT–1, or any successor OPM system
notice that may be published for this
system (visit www.opm.gov for more
information).
16:23 Apr 18, 2019
Individuals who, at the time the
records are added to the system, are FTC
employees who registered to attend
training courses offered by the Human
Capital Management Office.
CATEGORIES OF RECORDS IN THE SYSTEM:
Employee social security number,
position title, pay plan, series, grade,
organizational code, work address, work
phone number, supervisor, date of birth,
work email address, course number,
course title, course date and time,
attendance indicator, separation date,
etc.
RECORD SOURCE CATEGORIES:
Individual about whom the record is
maintained, supervisors, managers, and
Human Capital Management Office staff
responsible for the training program.
ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES OF USERS AND
THE PURPOSES OF SUCH USES:
SECURITY CLASSIFICATION:
VerDate Sep<11>2014
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
Jkt 247001
Since this system is legally part of the
OPM’s Government-wide system of
records notice for this system, OPM/
GOVT–1, it is subject to the same
routine uses set forth for that system by
OPM, see OPM/GOVT–1, or any
successor OPM system notice that may
be published for this system (visit
www.opm.gov for more information).
For other ways that the Privacy Act
permits the FTC to use or disclose
system records outside the agency, see
Appendix I (Authorized Disclosures and
Routine Uses Applicable to All FTC
Privacy Act Systems of Records),
available on the FTC’s website at
https://www.ftc.gov/about-ftc/foia/foiareading-rooms/privacy-act-systems and
at 83 FR 55541, 55542–55543 (Nov. 6,
2018).
POLICIES AND PRACTICES FOR STORAGE OF
RECORDS:
Records are stored in electronic
record systems and temporary paper
printouts.
POLICIES AND PRACTICES FOR RETRIEVAL OF
RECORDS:
Indexed by employee social security
number and name.
POLICIES AND PRACTICES FOR RETENTION AND
DISPOSAL OF RECORDS:
Employee training records are
generally retained according to General
Records Schedule (GRS) 2.6, issued by
the National Archives and Records
Administration.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL
SAFEGUARDS:
Access is restricted to agency
personnel or contractors whose
PO 00000
Frm 00054
Fmt 4703
Sfmt 4703
responsibilities require access. Paper
records are maintained in lockable
rooms or file cabinets. Access to
electronic records is controlled by ‘‘user
ID’’ and password combination and/or
other appropriate electronic access and
network controls (e.g., firewalls). FTC
buildings are guarded and monitored by
security personnel, cameras, ID checks,
and other physical security measures.
RECORD ACCESS PROCEDURES:
See § 4.13 of the FTC’s Rules of
Practice, 16 CFR 4.13. For additional
guidance, see also Appendix II (How To
Make A Privacy Act Request), available
on the FTC’s website at https://
www.ftc.gov/about-ftc/foia/foia-readingrooms/privacy-act-systems and at 73 FR
33592, 33634 (June 12, 2008).
CONTESTING RECORD PROCEDURES:
See § 4.13 of the FTC’s Rules of
Practice, 16 CFR 4.13. For additional
guidance, see also Appendix II (How To
Make A Privacy Act Request), available
on the FTC’s website at https://
www.ftc.gov/about-ftc/foia/foia-readingrooms/privacy-act-systems and at 73 FR
33592, 33634 (June 12, 2008).
NOTIFICATION PROCEDURES:
See § 4.13 of the FTC’s Rules of
Practice, 16 CFR 4.13. For additional
guidance, see also Appendix II (How To
Make A Privacy Act Request), available
on the FTC’s website at https://
www.ftc.gov/about-ftc/foia/foia-readingrooms/privacy-act-systems and at 73 FR
33592, 33634 (June 12, 2008).
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
None.
HISTORY:
75 FR 52749–52751 (August 27,
2010).
73 FR 33591–33634 (June 12, 2008).
*
*
*
*
*
III. Federal Trade Commission Financial
Systems of Records
*
*
*
*
*
SYSTEM NAME AND NUMBER:
Personnel Payroll System–FTC. (FTC–
III–1).
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
Federal Personnel Payroll System
(FPPS) Management Division, U.S.
Department of Interior, Interior Business
Center, 7301 West Mansfield Avenue,
Denver, CO 80227.
Federal Trade Commission, 600
Pennsylvania Avenue NW, Washington,
DC 20580. For other locations where
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commercial garnishments, child support
and/or alimony wage assignments; and
related payroll and personnel data. Also
included is information on debts owed
to the government as a result of
overpayment, refunds owed, or a debt
referred for collection on a transferred
employee.
These records are also covered by the
applicable system notice published by
the Department of Interior (DOI), DOI–
85 (Payroll, Attendance, Retirement,
and Leave Records—Interior), and any
successor system notice that may be
published by DOI for this system.
POLICIES AND PRACTICES FOR STORAGE OF
RECORDS:
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
RECORD SOURCE CATEGORIES:
Title 5 of the United States Code, Part
III, Subparts A–G; 31 U.S.C. 3512; 5
U.S.C. 5101 et seq.; Public Law 81–784,
64 Stat. 832; Office of Management and
Budget Circular A–123, ‘‘Management’s
Responsibility for Enterprise Risk
Management and Internal Control’’
(Revised 07/15/2016) and Attachment
D, ‘‘Compliance with the Federal
Financial Management Improvement
Act’’ (09/20/2013).
Individuals on whom the records are
maintained, official personnel records of
individuals on whom the records are
maintained, supervisors, timekeepers,
previous employer, and the Internal
Revenue Service.
Indexed by name, Social Security
number, and organizational code.
records may be maintained or accessed,
see Appendix III (Locations of FTC
Buildings and Regional Offices),
available on the FTC’s website at
https://www.ftc.gov/about-ftc/foia/foiareading-rooms/privacy-act-systems and
at 80 FR 9460, 9465 (Feb. 23, 2015).
SYSTEM MANAGER(S):
Chief Human Capital Officer, Human
Capital Management Office, Federal
Trade Commission, 600 Pennsylvania
Avenue NW, Washington, DC 20580,
email: SORNs@ftc.gov.
See DOI–85 for the FPPS system
manager and address.
PURPOSE(S) OF THE SYSTEM:
To maintain, process and/or provide
complete, accurate, and prompt: (a)
Payment of salary and deductions; (b)
payroll information relating to
retirement contributions, including the
calculation of retirement benefits; (c)
generation and maintenance of human
resources and payroll records and
transactions; (d) interaction of human
resources and payroll systems with core
financial systems; (e) adequate internal
controls to ensure that human resources
and payroll systems are operating in
accordance with applicable laws and
regulations; and (f) information, without
extraneous material, to those internal
and external to the agency who require
the information, including the
answering of employees’ inquiries
regarding their retirement contributions
while they are with the agency.
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
Current and former Federal Trade
Commission employees.
CATEGORIES OF RECORDS IN THE SYSTEM:
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Employee name, Social Security
number, and organizational code; pay
rate and grade, retirement, and location
data; length of service; pay, leave, time
and attendance, allowances, and cost
distribution records; deductions for
Medicare or FICA, FEGLI, union dues,
taxes, allotments, quarters, charities,
health benefits, Thrift Savings Fund
contributions, awards, shift schedules,
pay differentials, IRS tax lien data,
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ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES OF USERS AND
THE PURPOSES OF SUCH USES:
Records in this system:
(1) That identify the individual’s work
schedule may be disclosed to that
extent, and for that purpose, to others
within or outside the agency;
(2) To the extent they contain
information about an individual’s
unemployment compensation, may be
referred to state and local
unemployment compensation boards;
(3) To the extent they contain
information about employment pay,
benefits, retirement deductions, and
other information necessary for the
Office of Personnel Management (OPM)
to carry out its Government-wide
personnel management functions, may
be referred to OPM for such purposes;
(4) May be referred to OPM upon the
individual’s retirement, transfer to
another Federal agency, or resignation
from Federal service; and
(5) May be disclosed for any routine
use noted in the Department of Interior
(DOI) Privacy Act system of records
notice applicable to this system, DOI–85
(Payroll, Attendance, Retirement, and
Leave Records—Interior), or any
successor system notice for this system.
For other ways that the Privacy Act
permits the FTC to use or disclose
system records outside the agency, see
Appendix I (Authorized Disclosures and
Routine Uses Applicable to All FTC
Privacy Act Systems of Records),
available on the FTC’s website at
https://www.ftc.gov/about-ftc/foia/foiareading-rooms/privacy-act-systems and
at 83 FR 55541, 55542–55543 (Nov. 6,
2018).
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Stored on computer tape at the U.S.
Department of Interior, Interior Business
Center, which processes employee
payroll for the FTC under an
interagency agreement. Paper printouts
or original input documents may be
stored at the FTC in locked file cabinets
or as imaged documents on magnetic
media at all locations that prepare and
input documents and information for
data processing.
POLICIES AND PRACTICES FOR RETRIEVAL OF
RECORDS:
POLICIES AND PRACTICES FOR RETENTION AND
DISPOSAL OF RECORDS:
The records in this system have
varying retention periods as described
in the National Archives and Records
Administration’s General Records
Schedule 2.4 (items 010–050) for agency
payroll records. Records are held for
length of the service of the employee
while he or she is at FTC. Information
is forwarded to (a) gaining agency when
employee transfers to another Federal
agency; or (b) National Archives and
Records Administration, National
Personnel Records Center when
employee separates or retires from the
Federal government.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL
SAFEGUARDS:
Access is restricted to agency
personnel or contractors whose
responsibilities require access. Paper
records are maintained in lockable
rooms or file cabinets. Access to
electronic records is controlled by ‘‘user
ID’’ and password combination and/or
other appropriate electronic access
controls. FTC buildings are guarded and
monitored by security personnel,
cameras, ID checks, and other physical
security measures.
RECORD ACCESS PROCEDURES:
See § 4.13 of the FTC’s Rules of
Practice, 16 CFR 4.13. For additional
guidance, see also Appendix II (How To
Make A Privacy Act Request), available
on the FTC’s website at https://
www.ftc.gov/about-ftc/foia/foia-readingrooms/privacy-act-systems and at 73 FR
33592, 33634 (June 12, 2008).
CONTESTING RECORD PROCEDURES:
See § 4.13 of the FTC’s Rules of
Practice, 16 CFR 4.13. For additional
guidance, see also Appendix II (How To
Make A Privacy Act Request), available
on the FTC’s website at https://
www.ftc.gov/about-ftc/foia/foia-reading-
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rooms/privacy-act-systems and at 73 FR
33592, 33634 (June 12, 2008).
NOTIFICATION PROCEDURES:
See § 4.13 of the FTC’s Rules of
Practice, 16 CFR 4.13. For additional
guidance, see also Appendix II (How To
Make A Privacy Act Request), available
on the FTC’s website at https://
www.ftc.gov/about-ftc/foia/foia-readingrooms/privacy-act-systems and at 73 FR
33592, 33634 (June 12, 2008).
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
None.
HISTORY:
80 FR 9460–9465 (February 23, 2015).
74 FR 17863–17866 (April 17, 2009).
73 FR 33591–33634 (June 12, 2008).
*
*
*
*
*
Heather Hippsley,
Deputy General Counsel.
BILLING CODE 6750–01–P
GENERAL SERVICES
ADMINISTRATION
[Notice–MG–2019–01; Docket No. 2019–
0002; Sequence No. 6]
Office of Federal High-Performance
Buildings; Green Building Advisory
Committee; Notification of Meeting and
Upcoming Teleconference
Office of Government-wide
Policy (OGP), General Services
Administration (GSA).
ACTION: Meeting notice.
AGENCY:
Notice of an in-person
meeting, and teleconference/web
meetings, is being provided according to
the requirements of the Federal
Advisory Committee Act. This notice
provides the schedule for a new
teleconference/web meeting of the
Green Building Advisory Committee
(the Committee), the extended schedule
for previously announced and ongoing
biweekly Task Group teleconference/
web meetings, and the updated
schedule for a previously announced
full advisory Committee meeting. All of
these meetings are open for the public
to either listen to or observe. Individuals
interested in attending some or all of
these meetings must register to attend as
instructed below under SUPPLEMENTARY
INFORMATION.
DATES: The Committee will hold a
newly announced full teleconference/
web meeting on Tuesday May 28, 2019,
from 3:00 p.m., Eastern Standard Time
(EDT), to 4:00 p.m., EDT.
The Committee’s two active Task
Groups currently have alternate weekly
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The rescheduled spring
2019 meeting will be held at GSA’s
Central Office, located at 1800 F Street
NW, Washington, DC 20405, Room
1425. The meeting is open to the public
and the site is accessible to individuals
with disabilities.
FOR FURTHER INFORMATION CONTACT: Mr.
Michael Bloom, Group Federal Officer,
Office of Federal High-Performance
Buildings, OGP, GSA, 1800 F Street
NW, Washington, DC 20405, at email
address michael.bloom@gsa.gov, or
telephone number 312–805–6799.
Additional information about the
Committee is available on-line at https://
www.gsa.gov/gbac.
SUPPLEMENTARY INFORMATION:
ADDRESSES:
[FR Doc. 2019–07842 Filed 4–18–19; 8:45 am]
SUMMARY:
teleconference/web meetings (one call
every other week), which will be
extended as follows:
• The Building and Grid Integration
Task Group, Phase II, will extend
currently recurring, biweekly,
teleconference/web meetings on
Wednesdays, through September 4,
2019, from 3:00 p.m. to 4:00 p.m., EDT.
• The Data-Integrated Building
Systems Task Group will extend
currently recurring, weekly,
teleconference/web meetings on
Wednesdays, through August 28, 2019,
from 3:00 p.m. to 4:00 p.m., EDT.
• The Committee has rescheduled its
spring 2019 in-person meeting to
Thursday, September 12, 2019, from
May 16, 2019. The meeting will start at
10:00 a.m. Eastern Daylight Time (EDT),
and will end no later than 4:00 p.m.,
EDT.
Background
The Administrator of GSA established
the Committee on June 20, 2011
(Federal Register/Vol. 76, No. 118)
pursuant to Section 494 of the Energy
Independence and Security Act of 2007
(EISA, 42 U.S.C. 17123). Under this
authority, the Committee provides
independent policy advice and
recommendations to GSA to improve
federal buildings (assets, operations,
use, and resilience) to enhance human
health and performance, and safeguard
social, economic, and environmental
security. Completed Committee
recommendations are posted at: https://
www.gsa.gov/about-us/organization/
office-of-governmentwide-policy/officeof-federal-highperformance-buildings/
policy/green-building-advisorycommittee/advice-letters-andresolutions.
Purpose
The purpose of all the Committee
meetings is to convene experts in
buildings—including architects,
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Fmt 4703
Sfmt 4703
material suppliers, construction
contractors, environment, health,
security and transportation—to
accelerate the successful transformation
of the Federal building portfolio to
sustainable technologies and practices.
Procedures for Attendance and Public
Comment
Contact Mr. Michael Bloom at
michael.bloom@gsa.gov to register to
attend the in-person meeting on
September 12, 2019 or listen to any of
these teleconference/web meetings. To
attend any of these events, submit your
full name, organization, email address,
and phone number, and which ones you
would like to attend. Requests to attend
the teleconference/web meetings must
be received by 5:00 p.m. EDT, on
Wednesday, May 23, 2019. (GSA will be
unable to provide technical assistance to
any listener experiencing technical
difficulties. Testing access to the Web
meeting site before the calls is
recommended.) Requests to attend the
in-person meeting must be received by
5:00 p.m., EDT, on Friday, July 12, 2019.
Contact Mr. Bloom to register to
comment during the in-person meeting.
Registered speakers/organizations will
be allowed a maximum of five minutes
each, and will need to provide written
copies of their presentations. Requests
to comment at the meeting must be
received by 5:00 p.m., EDT, on Friday,
July 12, 2019. Written comments may be
provided to Mr. Bloom by the same
deadline.
May 28, 2019 Committee
Teleconference/Web Meeting
This teleconference/web meeting will
discuss the topic of GSA’s highperformance building certification
systems review. This review is required
every five years by the Energy
Independence and Security Act (EISA)
of 2007. Under this review, GSA must
identify a system(s) that ‘‘will be most
likely to encourage a comprehensive
and environmentally sound approach’’
to the certification of high-performance
federal buildings.
GSA will present the findings from its
evaluation and a draft set of
recommendations to seek the
Committee’s input as part of a public
review period. Relevant background
information and updates for the
teleconference will be posted on GSA’s
website at https://www.gsa.gov/gbac.
Committee Teleconference/Web Meeting
Agenda
• Introductions
• Purpose of GSA’s review
• Review methods and findings and
GSA draft recommendations
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Agencies
[Federal Register Volume 84, Number 76 (Friday, April 19, 2019)]
[Notices]
[Pages 16493-16510]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-07842]
=======================================================================
-----------------------------------------------------------------------
FEDERAL TRADE COMMISSION
Privacy Act of 1974; System of Records
AGENCY: Federal Trade Commission (FTC).
ACTION: Notice of modified systems of records.
-----------------------------------------------------------------------
SUMMARY: The FTC is making technical revisions to several of the
notices that it has published under the Privacy Act of 1974 to describe
its systems of records. This action is intended to make these notices
clearer, more accurate, and up-to-date.
DATES: This notice shall become final and effective on April 19, 2019.
[[Page 16494]]
FOR FURTHER INFORMATION CONTACT: G. Richard Gold and Alex Tang,
Attorneys, Office of the General Counsel, FTC, 600 Pennsylvania Avenue
NW, Washington, DC 20580, (202) 326-2424.
SUPPLEMENTARY INFORMATION: To inform the public, the FTC publishes in
the Federal Register and posts on its website a ``system of records
notice'' (SORN) for each system of records that the FTC currently
maintains within the meaning of the Privacy Act of 1974, as amended, 5
U.S.C. 552a (``Privacy Act'' or ``Act''). See https://www.ftc.gov/about-ftc/foia/foia-reading-rooms/privacy-act-systems. The Privacy Act
protects records about individuals in systems of records collected and
maintained by Federal agencies. (A system is not a ``system of
records'' under the Act unless the agency maintains and retrieves
records in the system by the relevant individual's name or other
personally assigned identifier.) Each Federal agency, including the
FTC, must publish a SORN that describes the records maintained in each
of its Privacy Act systems, including the categories of individuals
that the records in the system are about, where and how the agency
maintains these records, and how individuals can find out whether an
agency system contains any records about them or request access to such
records, if any. The FTC, for example, maintains 40 systems of records
under the Act. Some of these systems contain records about the FTC's
own employees, such as personnel and payroll files, while other FTC
systems contain records about members of the public, such as public
comments, consumer complaints, or phone numbers submitted to the FTC's
Do Not Call Registry.
The FTC's SORNs discussed in this notice apply only to the FTC's
own Privacy Act record systems. They do not cover Privacy Act records
that other Federal agencies may collect and maintain in their own
systems. Likewise, the FTC's SORNs and the Privacy Act of 1974 do not
cover records that private businesses or other non-FTC entities may
collect about individuals, which may be covered by other privacy laws.
On June 12, 2008, the FTC republished and updated all of its SORNs,
describing all of the agency's systems of records covered by the
Privacy Act in a single document for ease of use and reference. See 73
FR 33592. To ensure the SORNs remain accurate, FTC staff reviews each
SORN on a periodic basis. As a result of this systematic review, the
FTC made revisions to several of its SORNs on April 17, 2009 (74 FR
17863), August 27, 2010 (75 FR 52749), February 23, 2015 (80 FR 9460),
November 2, 2017 (82 FR 50871), and November 6, 2018 (83 FR 55541).
Based on a periodic review of its SORNs, the FTC is publishing
these additional technical revisions, to ensure that the FTC's SORNs
remain clear, accurate, and up-to-date:
First, the FTC is amending several SORNs to clarify or
update information about the applicable records disposition schedules
published or approved by the National Archives and Records
Administration (NARA), which determine how long agency records in each
system should be retained and destroyed.
Second, the FTC is amending several SORNs applicable to
FTC personnel-related records to conform more closely to the related
Government-wide SORNs for Federal personnel records published by the
Office of Personnel Management (OPM), and to make other technical
changes (e.g., updating the official title of the system manager,
explaining how individuals may now access certain records online.)
Third, after consultation with staff at the Office of
Management & Budget (OMB), which provides guidance to Federal agencies
on complying with the Privacy Act, the FTC is amending the above SORNs
to include specific references to the Federal Register notices where
the FTC previously published three SORN Appendices applicable to all
FTC SORNs. Specifically, these Appendices, which are posted on the
FTC's website: List the authorized disclosures and routine uses
applicable to all FTC systems of records (Appendix I); how an
individual can make a Privacy Act request to determine if the FTC has
any records about him or her and, if so, how the individual may request
access to or amendment of those records in the FTC's systems (Appendix
II); and the location of FTC buildings and offices where the FTC
maintains its records subject to the Act (Appendix III).
Fourth, the FTC is republishing the full text of each of
the above SORNs, incorporating the technical amendments, for the
convenience of the reader and in accordance with OMB Circular A-108
(2016), which reorganized the format and content for SORNs published by
Federal agencies.
The FTC is not substantively adding or amending any routine uses of
its Privacy Act system records. Accordingly, the FTC is not required to
provide prior public comment or notice to OMB or Congress for these
technical amendments, which are final upon publication. See U.S.C.
552a(e)(11) and 552a(r); OMB Circular A-108, supra.
A SORN-by-SORN summary, including a more detailed description of
each SORN and how it is being amended, appears below, followed by the
full text of the SORNs, as amended.
I. FTC Law Enforcement Systems of Records
FTC-I-7 (Office of Inspector General Investigative Files--FTC).
This SORN covers investigatory records in the FTC's Office of Inspector
General. The Commission has updated the ``retention and disposal''
section to cite the FTC's records disposition schedule approved by NARA
for the agency's use.
II. Federal Trade Commission Personnel Systems of Records
FTC-II-1 (General Personnel Records--FTC). This SORN covers
Official Personnel Folders (OPFs) and the approved electronic
equivalent (the electronic OPF or eOPF) and other personnel records
that the FTC's Human Capital Management Office (HCMO) maintains about
FTC employees. The Office of Personnel Management (OPM) has published a
Government-wide SORN that covers this system of records, OPM/GOVT-1
(General Personnel Records). See 71 FR 35341, 35342 (2006). We have
revised FTC-II-1 to make it more consistent with OPM's SORN. The
Commission has also updated the ``retention and disposal'' section to
cite the applicable General Records Schedule that was recently approved
by NARA for government-wide use.
FTC-II-2 (Unofficial Personnel Records--FTC). This SORN covers
personnel records maintained outside of the FTC's HCMO by FTC managers
about their employees. This system includes employee performance files
maintained by managers. OPM has published a Government-wide SORN that
covers those records, OPM/GOVT-2 (Employee Performance File System
Records). See 71 FR 35341, 35347 (2006). We have revised FTC-II-2 to
update the ``retention and disposal'' section to cite the applicable
General Records Schedule that was recently approved by NARA for
government-wide use. The Commission is also updating the official title
of the FTC system manager.
FTC-II-3 (Workers' Compensation--FTC). This SORN covers FTC records
of claims filed under the Federal Employees' Compensation Act (FECA)
for injuries sustained on the job by FTC employees. The Commission has
updated the ``retention and disposal''
[[Page 16495]]
section to cite the applicable General Records Schedule that was
recently approved by NARA for government-wide use. The Commission is
also updating the official title of the FTC system manager.
FTC-II-4 (Employment Application-Related Records--FTC). This SORN
covers FTC records compiled from or about individuals who have applied
for FTC employment, including individual applications, resumes,
references or other records submitted for FTC consideration. The
Commission has updated the ``retention and disposal'' section to cite
the applicable General Records Schedule that was recently approved by
NARA for government-wide use. The Commission is also updating the
official title of the FTC system manager. The retrieval of records
section of this SORN is also amended to recognize that this system no
longer retrieves records by date of birth, social security number, or
any type of identification other than an individual's name.
FTC-II-5 (Equal Employment Opportunity Statistical Reporting
System--FTC). This SORN covers the confidential FTC personnel database
maintained for the FTC's Equal Employment Opportunity (EEO) Office to
generate statistical reports and analyses for the FTC's EEO program.
The FTC is revising the ``records and disposal'' section of this SORN
to update the reference to the applicable government-wide General
Records Schedule.
FTC-II-6 (Discrimination Complaint System--FTC). This SORN covers
investigatory files and related documentation generated in EEO pre-
complaint counseling and investigations at the FTC. These records also
are covered by a Government-wide SORN published by the Equal Employment
Opportunity Commission (EEOC), EEOC/GOVT-1 (Equal Employment
Opportunity in the Federal Government Complaint and Appeal Records).
See 81 FR 81116 (2016). The Commission has updated the ``retention and
disposal'' section to include a reference to the applicable General
Records Schedule that was recently approved by NARA for government-wide
use.
FTC-II-8 (Employee Adverse Action and Disciplinary Records--FTC).
This SORN covers case files and records related to adverse actions and
performance-based actions (removal, suspension, reduction-in-grade)
against FTC employees. The FTC is revising this SORN to update the
``retention and disposal'' section to include the applicable General
Records Schedule that was recently approved by the NARA for government-
wide use. The Commission is also updating the official title of the
system manager. The ``category of records'' section of this SORN is
also amended to recognize that this system no longer maintains
information about the employee's furlough status.
FTC-II-9 (Claimants Under Federal Tort Claims Act and Military
Personnel and Civilian Employees' Claims Act--FTC). This SORN covers
records generated by tort claims and other claims filed with the FTC by
its employees or others under the named statutes. The FTC is revising
this SORN to update the ``retention and disposal'' section to include
the applicable General Records Schedule that was recently approved by
the NARA for government-wide use.
FTC-II-12 (e-Train Learning Management System--FTC.). This SORN
covers the system used by the FTC's HCMO to track and log requests of
FTC employees to attend training courses. The FTC is revising this SORN
to update the ``retention and disposal'' section to cite the applicable
General Records Schedule that was recently approved by the NARA for
government-wide use. The Commission is also updating the official title
of the FTC system manager. The ``category of records'' section of the
SORN is also being amended to recognize that this system no longer
maintains information about an employee's sex or race.
III. Federal Trade Commission Financial Systems of Records
FTC-III-1 (Personnel Payroll System--FTC). This SORN, which covers
payroll processing records for FTC employees, is being revised to
update the ``retention and disposal'' section to cite the applicable
General Records Schedule that was recently approved by the NARA for
government-wide use. The Commission is also updating the security
classification of the records, the official title of the FTC system
manager, the authorities for maintaining the system, and the location
of the system.
FTC Systems of Records Notices
In light of the updated SORN template set forth in the newly
revised OMB Circular A-108 (2016), the FTC is reprinting the entire
text of each amended SORN for the public's benefit, to read as follows:
I. FTC Law Enforcement Systems of Records
* * * * *
SYSTEM NAME AND NUMBER:
Office of Inspector General Investigative Files-FTC (FTC-I-7).
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
Office of Inspector General (OIG), Federal Trade Commission, 600
Pennsylvania Avenue NW, Washington, DC 20580. For other locations where
records may be maintained or accessed, see Appendix III (Locations of
FTC Buildings and Regional Offices), available on the FTC's website at
https://www.ftc.gov/about-ftc/foia/foia-reading-rooms/privacy-act-systems and at 80 FR 9460, 9465 (Feb. 23, 2015).
SYSTEM MANAGER(S):
Inspector General, Federal Trade Commission, 600 Pennsylvania
Avenue NW, Washington, DC 20580, email: [email protected].
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
Inspector General Act Amendments of 1988, Public Law 100-504,
amending the Inspector General Act of 1978, Public Law 95-452, 5 U.S.C.
app.
PURPOSE(S) OF THE SYSTEM:
To document the conduct and outcome of investigations; to report
results of investigations to other components of the FTC or other
agencies and authorities for their use in evaluating their programs and
imposition of criminal, civil or administrative sanctions; to report
the results of investigations to other agencies or other regulatory
bodies for an action deemed appropriate and for retaining sufficient
information to fulfill reporting requirements; and to maintain records
related to the activities of the Office of the Inspector General.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Subjects of OIG investigations relating to the programs and
operations of the Federal Trade Commission. Subject individuals
include, but are not limited to, current and former employees; current
and former agents or employees of contractors or subcontractors, as
well as current and former contractors and subcontractors in their
personal capacity, where applicable; and other individuals whose
actions affect the FTC, its programs or operations.
CATEGORIES OF RECORDS IN THE SYSTEM:
Correspondence relating to the investigation; internal staff
memoranda; copies of subpoenas issued during the investigation,
affidavits, statements from witnesses, transcripts of testimony taken
[[Page 16496]]
in the investigation and accompanying exhibits; documents, records or
copies obtained during the investigation; interview notes, documents
and records relating to the investigation; opening reports, information
or data relating to alleged or suspected criminal, civil or
administrative violations or similar wrongdoing by subject individuals
and final reports of investigation.
RECORD SOURCE CATEGORIES:
Employees or other individuals on whom the record is maintained,
non-target witnesses, FTC and non-FTC records, to the extent necessary
to carry out OIG investigations authorized by 5 U.S.C. app.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSES OF SUCH USES:
Records in this system may be:
(1) Disclosed to agencies, offices, or establishments of the
executive, legislative, or judicial branches of the federal or state
government--
(a) Where such agency, office, or establishment has an interest in
the individual for employment purposes, including a security clearance
or determination as to access to classified information, and needs to
evaluate the individual's qualifications, suitability, and loyalty to
the United States Government, or
(b) Where such agency, office, or establishment conducts an
investigation of the individual for the purposes of granting a security
clearance, or for making a determination of qualifications,
suitability, or loyalty to the United States Government, or access to
classified information or restricted areas, or
(c) Where the records or information in those records are relevant
and necessary to a decision with regard to the hiring or retention of
an employee or disciplinary or other administrative action concerning
an employee, or
(d) Where disclosure is requested in connection with the award of a
contract or other determination relating to a government procurement,
or the issuance of a license, grant, or other benefit by the requesting
agency, to the extent that the record is relevant and necessary to the
requesting agency's decision on the matter, including, but not limited
to, disclosure to any Federal agency responsible for considering
suspension or debarment actions where such record would be germane to a
determination of the propriety or necessity of such action, or
disclosure to the United States General Accountability Office, the
General Services Administration Board of Contract Appeals, or any other
federal contract board of appeals in cases relating to an agency
procurement;
(2) Disclosed to the Office of Personnel Management, the Office of
Government Ethics, the Merit Systems Protection Board, the Office of
the Special Counsel, the Equal Employment Opportunity Commission, or
the Federal Labor Relations Authority or its General Counsel, of
records or portions thereof relevant and necessary to carrying out
their authorized functions, such as, but not limited to, rendering
advice requested by the OIG, investigations of alleged or prohibited
personnel practices (including unfair labor or discriminatory
practices), appeals before official agencies, offices, panels or
boards, and authorized studies or review of civil service or merit
systems or affirmative action programs;
(3) Disclosed to independent auditors or other private firms with
which the Office of the Inspector General has contracted to carry out
an independent audit or investigation, or to analyze, collate,
aggregate or otherwise refine data collected in the system of records,
subject to the requirement that such contractors shall maintain Privacy
Act safeguards with respect to such records;
(4) Disclosed to a direct recipient of federal funds such as a
contractor, where such record reflects serious inadequacies with a
recipient's personnel and disclosure of the record is for purposes of
permitting a recipient to take corrective action beneficial to the
Government;
(5) Disclosed to any official charged with the responsibility to
conduct qualitative assessment reviews of internal safeguards and
management procedures employed in investigative operations. This
disclosure category includes members of the Council of the Inspectors
General on Integrity and Efficiency and officials and administrative
staff within their investigative chain of command, as well as
authorized officials of the Department of Justice and the Federal
Bureau of Investigation;
(6) Disclosed to members of the Council of the Inspectors General
on Integrity and Efficiency for the preparation of reports to the
President and Congress on the activities of the Inspectors General; and
(7) Disclosed to complainants and/or victims to the extent
necessary to provide such persons with information and explanations
concerning the progress and/or results of the investigation or case
arising from the matters of which they complained and/or which they
were a victim.
For other ways that the Privacy Act permits the FTC to use or
disclose system records outside the agency, see Appendix I (Authorized
Disclosures and Routine Uses Applicable to All FTC Privacy Act Systems
of Records), available on the FTC's website at https://www.ftc.gov/about-ftc/foia/foia-reading-rooms/privacy-act-systems and at 83 FR
55541, 55542-55543 (Nov. 6, 2018).
POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
The FTC maintains system records in various electronic and non-
electronic formats and media. The OIG Investigative Files consist of
paper records maintained in file folders, cassette tapes and CD-ROMs
containing audio recordings of investigative interviews, and data
maintained on computer diskettes and hard drives. The folders, cassette
tapes, CD-ROMs and diskettes are stored in file cabinets in the OIG.
The hard drives are retained in the OIG safe.
POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
The records are retrieved by the name of the subject of the
investigation or by a unique control number assigned to each
investigation.
POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
Records are retained and disposed of in accordance with Item 3.5 of
FTC Records Retention Schedule N1-122-09-1, which was approved by the
National Archives and Records Administration.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
Access is restricted to agency personnel or contractors whose
responsibilities require access. Paper records are maintained in
lockable rooms or file cabinets, which are kept locked during non-duty
hours. Records in file folders are retained as long as needed and then
destroyed by shredding or burning. Computer disks and CD-ROMs are
cleared, retired or destroyed when no longer useful. Entries on
electronic media are deleted or erased when no longer needed. To the
extent records or portions thereof are incorporated into emails or
other electronic communications, access to such electronic records is
controlled by ``user ID'' and password combination and/or other
electronic access or network controls (e.g., firewalls). FTC buildings
are guarded and monitored by security personnel, cameras, ID checks,
and other physical security measures.
[[Page 16497]]
RECORD ACCESS PROCEDURES:
See Sec. 4.13 of the FTC's Rules of Practice, 16 CFR 4.13. For
additional guidance, see also Appendix II (How To Make A Privacy Act
Request), available on the FTC's website at https://www.ftc.gov/about-ftc/foia/foia-reading-rooms/privacy-act-systems and at 73 FR 33592,
33634 (June 12, 2008).
CONTESTING RECORD PROCEDURES:
See Sec. 4.13 of the FTC's Rules of Practice, 16 CFR 4.13. For
additional guidance, see also Appendix II (How To Make A Privacy Act
Request), available on the FTC's website at https://www.ftc.gov/about-ftc/foia/foia-reading-rooms/privacy-act-systems and at 73 FR 33592,
33634 (June 12, 2008).
NOTIFICATION PROCEDURES:
See Sec. 4.13 of the FTC's Rules of Practice, 16 CFR 4.13. For
additional guidance, see also Appendix II (How To Make A Privacy Act
Request), available on the FTC's website at https://www.ftc.gov/about-ftc/foia/foia-reading-rooms/privacy-act-systems and at 73 FR 33592,
33634 (June 12, 2008).
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
Pursuant to 5 U.S.C. 552a(j)(2), records in this system are exempt
from the provisions of 5 U.S.C. 552(a), except subsections (b), (c)(1)
and (2), (e)(4)(A) through (F), (e)(6), (7), (9), (10) and (11) and (i)
and corresponding provisions of 16 CFR 4.13, to the extent that a
record in the system of records was compiled for criminal law
enforcement purposes.
Pursuant to 5 U.S.C. 552a(k)(2), the system is exempt from 5 U.S.C.
552a(c)(3), (d), (e)(1), (e)(4)(G), (H) and (I) and (f) and the
corresponding provisions of 16 CFR 4.13, to the extent the system of
records consists of investigatory material compiled for law enforcement
purposes, other than material within the scope of the exemption at 5
U.S.C. 552a(j)(2). See 16 CFR 4.13(m).
HISTORY:
74 FR 17863-17866 (April 17, 2009).
73 FR 33591-33634 (June 12, 2008).
* * * * *
II. Federal Trade Commission Personnel Systems of Records
SYSTEM NAME AND NUMBER:
General Personnel Records--FTC (FTC-II-1).
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
Federal Trade Commission, 600 Pennsylvania Avenue NW, Washington,
DC 20580. For other locations where records may be maintained or
accessed, see Appendix III (Locations of FTC Buildings and Regional
Offices), available on the FTC's website at https://www.ftc.gov/about-ftc/foia/foia-reading-rooms/privacy-act-systems and at 80 FR 9460, 9465
(Feb. 23, 2015).
SYSTEM MANAGER(S):
Chief Human Capital Officer, Human Capital Management Office,
Federal Trade Commission, 600 Pennsylvania Avenue NW, Washington, DC
20580, email: [email protected].
See OPM/GOVT-1 for information about the system manager and address
for that system.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
5 U.S.C. 301, 1302, 2951, 3301, 3372, 4118, 8347; Executive Orders
9397, 9830, and 12107; and 5 CFR 293.
PURPOSE(S) OF THE SYSTEM:
The Official Personnel Folder (OPF), its approved electronic
equivalent (the electronic OPF or eOPF), and other general personnel
records are the official repository of the records, reports of
personnel actions, and the documents required in connection with those
actions effected during an employee's Federal service. The personnel
action reports and other documents, some of which are filed as long
term records in the OPF, give legal force and effect to personnel
transactions and establish employee rights and benefits under pertinent
laws and regulations governing Federal employment.
The OPF, which exists in various approved media, is maintained for
the period of the employee's service in the Commission and is then
transferred to the National Personnel Records Center for storage or, as
appropriate, to the next employing Federal agency. Other records are
either retained at the agency for various lengths of time in accordance
with National Archives and Records Administration records schedules or
destroyed when they have served their purpose or when the employee
leaves the agency. They provide the basic source of factual data about
a person's Federal employment while in the service and after his or her
separation. Records in this system have various uses including:
Screening qualifications of employees; determining status, eligibility,
and employee's rights and benefits under pertinent laws and regulations
governing Federal employment; computing length of service; and for
other information needed in providing personnel services. These records
and their automated or microformed equivalents may also be used to
locate individuals for personnel research.
Temporary documents on the left side of the OPF may lead (or have
led) to a formal action, but do not constitute a record of it, nor make
a substantial contribution to the employee's long term record.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Current Federal Trade Commission employees.
CATEGORIES OF RECORDS IN THE SYSTEM:
Each category of records may include identifying information such
as name(s), date of birth, home residence, mailing address, Social
Security number, and home telephone number. This system includes, but
is not limited to, the contents of the Official Personnel Folder (OPF)
maintained by the FTC's Human Capital Management Office (HCMO) and
described in the United States Office of Personnel Management (OPM)
Guide to Personnel Recordkeeping and in OPM's Government-wide system of
records notice for this system, OPM/GOVT-1. (Nonduplicative personnel
records maintained by FTC employee managers in other FTC offices are
covered by FTC-II-2, Unofficial Personnel Records--FTC.) Records in
this system (FTC-II-1) include copies of current employees'
applications for employment, documentation supporting appointments and
awards, benefits records (health insurance, life insurance, retirement
information, and Thrift Savings Plan information), investigative
process documents, personnel actions, other personnel documents,
changes in filing requirements, and training documents.
Other records include:
a. Records reflecting work experience, educational level achieved,
specialized education or training obtained outside of Federal service.
b. Records reflecting Federal service and documenting work
experience and specialized education or training received while
employed. Such records contain information about past and present
positions held; grades; salaries; and duty station locations;
commendations, awards, or other data reflecting special recognition of
an employee's performance; and notices of all personnel actions, such
as appointments, transfers, reassignments, details, promotions,
demotions, reductions in force, resignations, separations, suspensions,
approval of disability retirement applications, retirement and
removals.
c. Records relating to participation in the Federal Employees'
Group Life
[[Page 16498]]
Insurance Program and Federal Employees Health Benefits Program.
d. Records relating to an Intergovernmental Personnel Act
assignment or Federal-private exchange program.
e. Records relating to participation in an agency Federal Executive
or SES Candidate Development Program.
f. Records relating to Government-sponsored training or
participation in the agency's Upward Mobility Program or other
personnel programs designed to broaden an employee's work experiences
and for purposes of advancement (e.g., an administrative intern
program).
g. Records connected with the Senior Executive Service (SES), for
use in making studies and analyses of the SES, preparing reports, and
in making decisions affecting incumbents of these positions, e.g.,
relating to sabbatical leave programs, training, reassignments, and
details, that are perhaps unique to the SES and which may or may not be
filed in the employee's OPF. These records may also serve as basis for
reports submitted to OMB's Executive Personnel and Management
Development Group for purposes of implementing the Office's oversight
responsibilities concerning the SES.
h. Records on an employee's activities on behalf of the recognized
labor organization representing agency employees, including accounting
of official time spent and documentation in support of per diem and
travel expenses.
i. To the extent that the records listed here are also maintained
in the agency automated personnel or microform records system, those
versions of the above records are considered to be covered by this
system notice. Any additional copies of these records (excluding
performance ratings of record and conduct-related documents maintained
by first-line supervisors and managers covered by FTC-II-2) maintained
by agencies at field or administrative offices remote from where the
original records exist are considered part of this system.
j. Records relating to designations for lump sum death benefits.
k. Records relating to classified information nondisclosure
agreements.
l. Records relating to the Thrift Savings Plan (TSP) concerning the
starting, changing, or stopping of contributions to the TSP as well as
the how the individual wants the investments to be made in the various
TSP Funds.
m. Copies of records contained in the Enterprise Human Resources
Integration (EHRI) data warehouse (including the Central Employee
Record, the Business Intelligence file that provide resources to obtain
career summaries, and the electronic Official Personnel Folder (eOPF))
maintained by OPM. These data elements include many of the above
records along with additional human resources information such as
training, payroll and performance information from other OPM and agency
systems of records. A definitive list of EHRI data elements is
contained in OPM's Guide to Human Resources Reporting and The Guide to
Personnel Data Standards.
n. Emergency contact information for the employee (see, e.g., FTC
Form 75), which is kept on the left side of the OPF.
RECORD SOURCE CATEGORIES:
Individual to whom the record applies and agency employees.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSES OF SUCH USES:
(1) Performance Related Uses
(a) To disclose information to any source from which additional
information is requested (to the extent necessary to identify the
individual, inform the source of the purpose(s) of the request, and to
identify the type of information requested), where necessary to obtain
information relevant to an agency decision concerning 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;
(b) To disclose to an agency in the executive, legislative, or
judicial branch, or the District of Columbia Government in response to
its request, or at the initiation of the agency maintaining the
records, information in connection with the hiring 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; the issuance of a license, grant, or other
benefit by the requesting agency; or the lawful statutory,
administrative, or investigative purpose of the agency to the extent
that the information is relevant and necessary to the requesting
agency's decision on the matter;
(c) By the agency or by OPM to locate individuals for personnel
research or survey response, and in the production of summary
descriptive statistics and analytical studies in support of the
function for which the records are collected and maintained, or for
related work force studies. While published statistics and studies do
not contain individual identifiers, in some instances the selection of
elements of data included in the study may be structured in such a way
as to make the data individually identifiable by inference;
(d) To provide an official of another Federal agency information
needed in the performance of official duties related to reconciling or
reconstructing data files, in support of the functions for which the
records were collected and maintained;
(e) To disclose information to officials of the Merit Systems
Protection Board, including the Office of the Special Counsel, when
requested in connection with appeals, special studies of the civil
service and other merit systems, review of Office rules and
regulations, investigations of alleged or prohibited personnel
practices, and such other functions, promulgated in 5 U.S.C. 1205 and
1206, or as may be authorized by law;
(f) To disclose information to the Equal Employment Opportunity
Commission when requested in connection with investigations into
alleged or possible discrimination practices in the Federal sector,
examination of Federal affirmative employment programs, compliance by
Federal agencies with the Uniform Guidelines on Employee Selection
Procedures, or other functions vested in the Commission by the
President's Reorganization Plan No. 1 of 1978;
(g) To disclose to prospective non-Federal employers, the following
information about a specifically identified current or former Federal
employee:
(i) Tenure of employment;
(ii) Civil service status;
(iii) Length of service in the agency and the Government; and
(iv) When separated, the date and nature of action as shown on the
Notification of Personnel Action, Standard Form 50 (or authorized
exception);
(h) To consider employees for recognition through quality step
increases, and to publicize those granted. This may include disclosure
to other public and private organizations, including news media, which
grant or publicize employee recognition;
(i) To consider and select employees for incentive awards and other
honors and to publicize those granted. This may include disclosure to
other public and private organizations, including news media, which
grant or publicize employee awards or honors;
(j) To disclose information to any member of the agency's
Performance Review Board or other board or panel
[[Page 16499]]
(e.g., one convened to select or review nominees for awards of merit
pay increases), when the member is not an official of the employing
agency; information would then be used for the purposes of approving or
recommending selection of candidates for executive development of SES
candidate programs, issuing a performance appraisal rating, issuing
performance awards, nominating for Meritorious and Distinguished
Executive ranks, and removal, reduction-in-grade, and other personnel
actions based on performance;
(k) By agency officials for purposes of review in connection with
appointments, transfers, promotions, reassignments, adverse actions,
disciplinary actions, and determinations of the qualifications of an
individual;
(l) By the Office of Personnel Management for purposes of making a
decision when a Federal employee or former Federal employee is
questioning the validity of a specific document in an individual's
record; and
(m) As a data source for management information for promotion of
summary descriptive statistics and analytical studies in support of the
related personnel management functions of human resource studies; may
also be utilized to locate specific individuals for personnel research
or other personnel management functions;
(2) Training/Education Related Uses
(a) To disclose information to Government training facilities
(Federal, State, and local) and to non-Government training facilities
(private vendors of training courses or programs, private schools,
etc.) for training purposes; and
(b) To disclose information to educational institutions on
appointment of a recent graduate to a position in the Federal service,
and to provide college and university officials with information about
their students working under the Cooperative Education Volunteer
Service, or other similar programs where necessary to a student's
obtaining credit for the experience gained;
(3) Retirement/Insurance/Health Benefits Related Uses
(a) To disclose information to: The Department of Labor, Department
of Veterans Affairs, Social Security Administration, Department of
Defense, Federal agencies that have special civilian employee
retirement programs; or a national, State, county, municipal, or other
publicly recognized charitable or income security administration agency
(e.g., State unemployment compensation agencies) where necessary to
adjudicate a claim under the retirement, insurance or health benefits
programs of the Office of Personnel Management or an agency cited
above, or to an agency to conduct an analytical study or audit of
benefits being paid under such programs;
(b) To disclose to the Office of Federal Employees Group Life
Insurance information necessary to verify election, declination, or
waiver of regular and/or optional life insurance coverage or
eligibility for payment of a claim for life insurance;
(c) To disclose to health insurance carriers contracting with the
Office of Personnel Management to provide a health benefits plan under
the Federal Employees Health Benefits Program, information necessary to
identify enrollment in a plan, to verify eligibility for payment of a
claim for health benefits, or to carry out the coordination or audit of
benefit provisions of such contracts;
(d) When an individual to whom a record pertains is mentally
incompetent or under other legal disability, information in the
individual's record may be disclosed to any person who is responsible
for the care of the individual, to the extent necessary to assure
payment of benefits to which the individual is entitled;
(e) To disclose to the agency-appointed representative of an
employee all notices, determinations, decisions, or other written
communications issued to the employee, in connection with an
examination ordered by the agency under:
(i) Fitness-for-duty examination procedures; or
(ii) Agency-filed disability retirement procedures;
(f) To disclose to a requesting agency, organization, or individual
the home address and other relevant information concerning those
individuals who, it is reasonably believed, might have contracted an
illness, been exposed to, or suffered from a health hazard while
employed in the Federal work force; and
(g) To disclose information to the Department of Defense, National
Oceanic and Atmospheric Administration, and the United States Coast
Guard needed to effect any adjustments in retired or retained pay
required by the dual compensation provisions of 5 U.S.C. 5532;
(4) Labor Relations Related Uses
(a) To disclose information to the Federal Labor Relations
Authority (including its General Counsel) when requested in connection
with investigation and resolution of allegations of unfair labor
practices, in connection with the resolution of exceptions to
arbitrator's awards where a question of material fact is raised and
matters before the Federal Service Impasses Panel; and
(b) To disclose information to officials of labor organizations
recognized under 5 U.S.C. 71 et seq. when relevant and necessary to
their duties of exclusive representation concerning personnel policies,
practices, and matters affecting working conditions; and
(5) Miscellaneous Uses
(a) To provide data to OPM for inclusion in the automated Center
Personnel Data File;
(b) To be disclosed for any other routine use set forth in the
Government-wide system of records notice published for this system by
OPM, see OPM/GOVT-1, or any successor OPM system notice that may be
published for this system (visit www.opm.gov for more information);
(c) To disclose information to a Federal, state, or local agency
for determination of an individual's entitlement to benefits in
connection with Federal Housing Administration programs; and
(d) To locate individuals for personnel research or survey
response, and in the production of summary descriptive statistics and
analytical studies in support of the function for which the records are
collected and maintained, or for related work force studies. While
published statistics and studies do not contain individual identifiers,
in some instances, the selection of elements of data included in the
study may be structured in such a way as to make the data individually
identifiable by inference.
For other ways that the Privacy Act permits the FTC to use or
disclose system records outside the agency, see Appendix I (Authorized
Disclosures and Routine Uses Applicable to All FTC Privacy Act Systems
of Records), available on the FTC's website at https://www.ftc.gov/about-ftc/foia/foia-reading-rooms/privacy-act-systems and at 83 FR
55541, 55542-55543 (Nov. 6, 2018).
POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
Records may be maintained on standard legal-size and letter-size
paper, and in electronic storage media such as personnel system
databases and .pdf forms.
POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
Records are indexed by employee name and social security number.
[[Page 16500]]
POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
The OPF is maintained for the period of the employee's service in
the agency and is then, if in a paper format, transferred to the
National Personnel Records Center for storage or, as appropriate, to
the next employing Federal agency. If the OPF is maintained in an
electronic format, the transfer and storage is in accordance with the
OPM-approved electronic system according to the most current version of
OPM's Guide to Personnel Recordkeeping. Destruction of the OPF is in
accordance with General Records Schedule GRS-2.2, Items 40-41.
When the individual transfers to any Federal agency or to another
appointing office, the OPF is sent to that agency or office. All
personnel-related medical records are covered by a separate OPM Privacy
Act system of records notice, OPM/GOVT-10.
Other records. These records are retained for varying periods of
time as set out by GRS-2.2.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
Access is restricted to agency personnel or contractors whose
responsibilities require access. Paper records are maintained in
lockable rooms or file cabinets. (In addition, FTC HCMO offices are in
a locked suite separate from other FTC offices not generally accessible
to the public or other FTC staff.) Access to electronic records is
controlled by ``user ID'' and password combinations and/or other
appropriate electronic access or network controls (e.g., firewalls).
FTC buildings are guarded and monitored by security personnel, cameras,
ID checks, and other physical security measures.
RECORD ACCESS PROCEDURES:
See Sec. 4.13 of the FTC's Rules of Practice, 16 CFR 4.13. For
additional guidance, see also Appendix II (How To Make A Privacy Act
Request), available on the FTC's website at https://www.ftc.gov/about-ftc/foia/foia-reading-rooms/privacy-act-systems and at 73 FR 33592,
33634 (June 12, 2008). Current FTC employees may also request access to
their records directly through their designated FTC HCMO contact or
managers, as applicable, and may be required to complete a written
request form and to show identification to obtain access to their
records. Employees may also access their records directly by utilizing
OPM's approved electronic Official Personnel Folder system, using their
assigned user ID and password.
Former FTC employees subsequently employed by another Federal
agency should contact the personnel office for their current Federal
employer. Former employees who have left Federal service and want
access to their official personnel records in storage should contact
the National Personnel Records Center, 1411 Boulder Boulevard,
Valmeyer, IL 62295.
CONTESTING RECORD PROCEDURES:
See Sec. 4.13 of the FTC's Rules of Practice, 16 CFR 4.13. For
additional guidance, see also Appendix II (How To Make A Privacy Act
Request), available on the FTC's website at https://www.ftc.gov/about-ftc/foia/foia-reading-rooms/privacy-act-systems and at 73 FR 33592,
33634 (June 12, 2008). Current FTC employees may also request access to
their records directly through their designated FTC HCMO contact or
managers, as applicable, and may be required to complete a written
request form and to show identification to obtain access to their
records. Employees may also access their records directly by utilizing
OPM's approved electronic Official Personnel Folder system, using their
assigned user ID and password.
Former FTC employees subsequently employed by another Federal
agency should contact the personnel office for their current Federal
employer. Former employees who have left Federal service and want
access to their official personnel records in storage should contact
the National Personnel Records Center, 1411 Boulder Boulevard,
Valmeyer, IL 62295.
NOTIFICATION PROCEDURES:
See Sec. 4.13 of the FTC's Rules of Practice, 16 CFR 4.13. For
additional guidance, see also Appendix II (How To Make A Privacy Act
Request), available on the FTC's website at https://www.ftc.gov/about-ftc/foia/foia-reading-rooms/privacy-act-systems and at 73 FR 33592,
33634 (June 12, 2008). Current FTC employees may also request access to
their records directly through their designated FTC HCMO contact or
managers, as applicable, and may be required to complete a written
request form and to show identification to obtain access to their
records. Employees may also access their records directly by utilizing
OPM's approved electronic Official Personnel Folder system, using their
assigned user ID and password.
Former FTC employees subsequently employed by another Federal
agency should contact the personnel office for their current Federal
employer. Former employees who have left Federal service and want
access to their official personnel records in storage should contact
the National Personnel Records Center, 1411 Boulder Boulevard,
Valmeyer, IL 62295.
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
None.
HISTORY:
80 FR 9460-9465 (February 23, 2015).
74 FR 17863-17866 (April 17, 2009).
73 FR 33591-33634 (June 12, 2008).
SYSTEM NAME AND NUMBER:
Unofficial Personnel Records-FTC (FTC-II-2).
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
Federal Trade Commission, 600 Pennsylvania Avenue NW, Washington,
DC 20580. For other locations where records may be maintained or
accessed, see Appendix III (Locations of FTC Buildings and Regional
Offices), available on the FTC's website at https://www.ftc.gov/about-ftc/foia/foia-reading-rooms/privacy-act-systems and at 80 FR 9460, 9465
(Feb. 23, 2015).
SYSTEM MANAGER(S):
Chief Human Capital Officer, Human Capital Management Office
(HCMO), Federal Trade Commission, 600 Pennsylvania Avenue NW,
Washington, DC 20580, email: [email protected].
See OPM/GOVT-2 for information about the system manager and address
for that system.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
5 U.S.C. 301, 1104, 3321, 4301-4305; 4311-4315; 5405, 6101-6106;
6301-6326; 6331-6340; 6361-6373; 6381-6387; 6391; 7301-7353; 5 U.S.C.
Chapter 75; Executive Order 12107; and 5 CFR 293.
PURPOSE(S) OF THE SYSTEM:
To assist Commission managers and supervisors in making work
assignment, evaluation, and other types of decisions related to the
employees of the Federal Trade Commission; to assist in evaluating
performance, preparing promotion and award recommendations, preparing
informal or formal disciplinary actions, approving leave, coordinating
schedules, and preparing news releases; to assist supervisors in the
interviewing, evaluation, and selection process when filling position
vacancies; and to maintain records of those considerations and actions.
[[Page 16501]]
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Current and former Commission employees, consultants, and
contractors.
CATEGORIES OF RECORDS IN THE SYSTEM:
This system of records contains information or documents about the
educational background, employment, and work history of individuals.
The types of records maintained vary with each supervisor and
Commission unit. Each supervisor may maintain some or all of the
following records: Written notes or memoranda on employee conduct and
performance (i.e., employee evaluation, employee forms, leave records,
work assignments, or disciplinary problems), including performance-
related records described in the Government-wide system of records
notice published by the Office of Personnel Management (OPM) for this
system of records, OPM/GOVT-2, or any successor OPM system notice that
may be published for this system. There may be records relating to
employee work schedules, consideration given to applicants for
positions with the FTC, and ``emergency contact'' information collected
by various offices informally.
RECORD SOURCE CATEGORIES:
Individual to whom the record pertains; individual's supervisors;
managers; Performance Review Boards; Executive Resource Boards; and
other interested parties.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSES OF SUCH USES:
(1) Records identifying the individual's work schedule may be
disclosed to that extent and for that purpose to others within or
outside the agency;
(2) Records may be referred to the Office of Personnel Management
concerning pay benefits, retirement deductions, and other information
necessary for OPM to carry out its government-wide personnel management
functions; and
(3) Records may also be used or disclosed for any of the purposes
or routine uses set forth in the Government-wide systems of records
notice published by OPM for this system of records, OPM/GOVT-2, or any
successor OPM system notice that may be published for this system.
(Visit www.opm.gov for more information.)
For other ways that the Privacy Act permits the FTC to use or
disclose system records outside the agency, see Appendix I (Authorized
Disclosures and Routine Uses Applicable to All FTC Privacy Act Systems
of Records), available on the FTC's website at https://www.ftc.gov/about-ftc/foia/foia-reading-rooms/privacy-act-systems and at 83 FR
55541, 55542-55543 (Nov. 6, 2018).
POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
Maintained in file folders, envelopes and in electronic formats.
POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
Indexed by individual's name.
POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
Records are generally retained in accordance with National Archives
and Records Administration (NARA) General Records Schedule (GRS) 2.2,
items 80 (supervisory personnel files) and 70-73 (employee performance
records). A detailed retention schedule for employee performance-
related records, which include ratings of record, supporting
documentation for those ratings, and any other performance-related
material required by agency performance appraisal system, is also set
forth in OPM/GOVT-2. In general, supervisory personnel files are
destroyed within 1 year after the employee separates or transfers from
the agency, and employee performance records that have not been
destroyed as obsolete or superseded, or have not been placed in the
employee's Official Personnel Folder (OPF), see FTC II-1, are destroyed
when they are 4 years old for non-SES appointees, or 5 years old for
SES appointments. Where any of these records are needed in connection
with an administrative, quasi-judicial or judicial proceeding, they may
be retained as authorized by GRS 2.2-2.3.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
Access is restricted to agency personnel or contractors whose
responsibilities require access. Paper records are maintained in
lockable rooms or file cabinets. Access to electronic records is
controlled by ``user ID'' and password combination and/or other
appropriate electronic access or network controls (e.g., firewalls).
FTC buildings are guarded and monitored by security personnel, cameras,
ID checks, and other physical security measures.
RECORD ACCESS PROCEDURES:
See Sec. 4.13 of the FTC's Rules of Practice, 16 CFR 4.13. For
additional guidance, see also Appendix II (How To Make A Privacy Act
Request), available on the FTC's website at https://www.ftc.gov/about-ftc/foia/foia-reading-rooms/privacy-act-systems and at 73 FR 33592,
33634 (June 12, 2008). Current FTC employees may also request access to
their records directly from the manager maintaining the documents. If
these documents have become part of a case file, due to an official
review or investigation, the employee may request access through the
appropriate office conducting the review or investigation (e.g., the
Office of Inspector General, General Counsel, Equal Employment
Opportunity and Workplace Inclusion, etc.).
CONTESTING RECORD PROCEDURES:
See Sec. 4.13 of the FTC's Rules of Practice, 16 CFR 4.13. For
additional guidance, see also Appendix II (How To Make A Privacy Act
Request), available on the FTC's website at https://www.ftc.gov/about-ftc/foia/foia-reading-rooms/privacy-act-systems and at 73 FR 33592,
33634 (June 12, 2008). Current FTC employees may also request access to
their records directly from the manager maintaining the documents. If
these documents have become part of a case file, due to an official
review or investigation, the employee may request access through the
appropriate office conducting the review or investigation (OIG, OGC,
EEO, ER/LR, etc.).
NOTIFICATION PROCEDURES:
See Sec. 4.13 of the FTC's Rules of Practice, 16 CFR 4.13. For
additional guidance, see also Appendix II (How To Make A Privacy Act
Request), available on the FTC's website at https://www.ftc.gov/about-ftc/foia/foia-reading-rooms/privacy-act-systems and at 73 FR 33592,
33634 (June 12, 2008). Current FTC employees may also request access to
their records directly from the manager maintaining the documents. If
these documents have become part of a case file, due to an official
review or investigation, the employee may request access through the
appropriate office conducting the review or investigation (OIG, OGC,
EEO, ER/LR, etc.).
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
None.
HISTORY:
80 FR 9460-9465 (February 23, 2015).
74 FR 17863-17866 (April 17, 2009).
73 FR 33591-33634 (June 12, 2008).
SYSTEM NAME AND NUMBER:
Workers' Compensation--FTC (FTC-II-3).
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
Federal Trade Commission, 600 Pennsylvania Avenue NW, Washington,
[[Page 16502]]
DC 20580. For other locations where records may be maintained or
accessed, see Appendix III (Locations of FTC Buildings and Regional
Offices), available on the FTC's website at https://www.ftc.gov/about-ftc/foia/foia-reading-rooms/privacy-act-systems and at 80 FR 9460, 9465
(Feb. 23, 2015).
SYSTEM MANAGER(S):
Chief Human Capital Officer, Human Capital Management Office
(HCMO), Federal Trade Commission, 600 Pennsylvania Avenue NW,
Washington, DC 20580, email: [email protected].
See DOL/GOVT-1 for information about the system manager and address
for that system.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
Federal Employees Compensation Act (FECA), 5 U.S.C. 8101 et seq.,
20 CFR 1.1 et seq.
PURPOSE(S) OF THE SYSTEM:
To consider claims filed by employees and/or their survivors for
compensation under FECA based on work-related injuries, and to maintain
records concerning such claims. The FECA establishes the system for
processing and adjudicating claims that the Commission employee and/or
the Commission and other covered individuals file with DOL's Office of
Workers' Compensation Programs, seeking monetary, medical and similar
benefits for injuries or deaths sustained by the individual while in
the performance of duty. The records maintained in this system are
created as a result of and are necessary to this process. The records
provide information and verification about the individual's employment-
related injury and the resulting disabilities and/or impairments, if
any, on which decisions awarding or denying benefits provided under the
FECA must be based.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Individuals (i.e., FTC employees) and/or their survivors who file
claims seeking benefits under the Federal Employees' Compensation Act
(FECA) for injuries sustained by the individual while in the
performance of duty. The FECA applies to all civilian Federal
employees, including various classes of persons whom provide or have
provided personal service to the government of the United States.
CATEGORIES OF RECORDS IN THE SYSTEM:
This system may contain the following kinds of records: Names;
Social Security numbers; reports of injury by the employee and/or the
Commission; claim forms filed by or on behalf of injured employees or
their survivors seeking benefits under the FECA; forms authorizing
medical care and treatment; other medical records and reports; bills
and other payment records; compensation payment records; copies of
formal orders for or against the payment of benefits; copies of
transcripts of hearings conducted; and any other medical, employment,
or personal information submitted or gathered in connection with the
claim. The system may also contain information relating to dates of
birth, marriage, divorce, and death; notes of telephone conversations
conducted in connection with the claim; information relating to
vocational and/or medical rehabilitation plans and progress reports;
records relating to court proceedings, insurance, banking and
employment; articles from newspapers and other publications;
information relating to other benefits (financial and otherwise) the
claimant may be entitled to; and information received from various
investigative agencies concerning possible violations of Federal civil
or criminal law. The system may also contain consumer credit reports on
individuals indebted to the United States, information relating to the
debtor's assets, liabilities, income and expenses, personal financial
statements, correspondence to and from the debtor, information relating
to the location of the debtor, and other records and reports relating
to the implementation of the Federal Claims Collection Act (as
amended), including investigative reports or administrative review
matters. Individual records listed here are included in a claim file
only insofar as they may be pertinent or applicable to the employee or
beneficiary.
This system includes only claims-related records maintained by the
FTC. Claims are transmitted the United States Department of Labor (DOL)
for processing and adjudication. Data maintained by DOL by the
Government-wide system of records notice published by DOL for its
system of records, see DOL/GOVT-1 (Office of Workers' Compensation
Programs, Federal Employees' Compensation Act File) or any successor
DOL system notice that may be published for that system.
RECORD SOURCE CATEGORIES:
Employee claiming work-related injury; beneficiaries; witnesses;
FTC supervisors, managers, and responsible FTC HCMO staff; DOL;
suppliers of health care products and services and their agents and
representatives, including physicians, hospitals, and clinics; consumer
credit reports, etc.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSES OF SUCH USES:
Records in this system may be:
(1) Disclosed in response to queries from Department of Labor,
Office of Workers Compensation Programs, supervisors and employees
about compensation claims; and
(2) Used or disclosed for any purpose or routine use set forth in
the system of records notice published by DOL for this system of
records, DOL/GOVT-1 (Office of Workers' Compensation Programs, Federal
Employees' Compensation Act File), or any successor DOL system notice
that may be published for this system.
For other ways that the Privacy Act permits the FTC to use or
disclose system records outside the agency, see Appendix I (Authorized
Disclosures and Routine Uses Applicable to All FTC Privacy Act Systems
of Records), available on the FTC's website at https://www.ftc.gov/about-ftc/foia/foia-reading-rooms/privacy-act-systems and at 83 FR
55541, 55542-55543 (Nov. 6, 2018).
POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
Maintained in file folders or temporary electronic files.
POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
Indexed by individual's name.
POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
Records are retained and disposed of under the National Archives
and Records Administration's General Records Schedule 2.4, items 100-
101.
See DOL/GOVT-1 for the retention and disposal schedules that apply
to claims files maintained by that agency. In general, all case files
and automated data in that system pertaining to a claim are destroyed
15 years after the case file has become inactive. Case files that have
been scanned to create electronic copies are destroyed after the copies
are verified. Automated data are retained in their most current form
only, however, and as information is updated, outdated information is
deleted.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
Access is restricted to agency personnel or contractors whose
responsibilities require access. Paper records are maintained in
lockable rooms or file cabinets. Access to electronic records is
controlled by ``user ID'' and password combination and/or other
appropriate electronic access or network controls (e.g., firewalls).
FTC
[[Page 16503]]
buildings are guarded and monitored by security personnel, cameras, ID
checks, and other physical security measures.
RECORD ACCESS PROCEDURES:
See Sec. 4.13 of the FTC's Rules of Practice, 16 CFR 4.13. For
additional guidance, see also Appendix II (How To Make A Privacy Act
Request), available on the FTC's website at https://www.ftc.gov/about-ftc/foia/foia-reading-rooms/privacy-act-systems and at 73 FR 33592,
33634 (June 12, 2008). Current FTC employees may directly access their
records via DOL's electronic system, ECOMP (Employees' Compensation
Operations & Management Portal). Access to their specific records is
controlled by ``user ID'' and password combination and/or other
appropriate electronic access or network controls (e.g., firewalls).
See DOL/GOVT-1 for information about the notification, record access
and contesting procedures for claims records maintained by DOL.
CONTESTING RECORD PROCEDURES:
See Sec. 4.13 of the FTC's Rules of Practice, 16 CFR 4.13. For
additional guidance, see also Appendix II (How To Make A Privacy Act
Request), available on the FTC's website at https://www.ftc.gov/about-ftc/foia/foia-reading-rooms/privacy-act-systems and at 73 FR 33592,
33634 (June 12, 2008). See DOL/GOVT-1 for information about the
notification, record access and contesting procedures for claims
records maintained by DOL.
NOTIFICATION PROCEDURES:
See Sec. 4.13 of the FTC's Rules of Practice, 16 CFR 4.13. For
additional guidance, see also Appendix II (How To Make A Privacy Act
Request), available on the FTC's website at https://www.ftc.gov/about-ftc/foia/foia-reading-rooms/privacy-act-systems and at 73 FR 33592,
33634 (June 12, 2008). See DOL/GOVT-1 for information about the
notification, record access and contesting procedures for claims
records maintained by DOL.
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
As explained in DOL/GOVT-1, in accordance with 5 U.S.C. 552a(k)(2),
investigative materials, if any, in this system of records compiled for
law enforcement purposes are exempt from subsections (c)(3), (d),
(e)(1), (e)(4)(G), (H) and (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 under an express promise that the identity of the source
would be held in confidence, or prior to January 1, 1975, under an
implied promise that the identity of the source would be held in
confidence.
HISTORY:
80 FR 9460-9465 (February 23, 2015).
73 FR 33591-33634 (June 12, 2008).
* * * * *
SYSTEM NAME AND NUMBER:
Employment Application-Related Records-FTC (FTC-II-4).
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
Federal Trade Commission, 600 Pennsylvania Avenue NW, Washington,
DC 20580. For other locations where records may be maintained or
accessed, see Appendix III (Locations of FTC Buildings and Regional
Offices), available on the FTC's website at https://www.ftc.gov/about-ftc/foia/foia-reading-rooms/privacy-act-systems and at 80 FR 9460, 9465
(Feb. 23, 2015).
SYSTEM MANAGER(S):
Chief Human Capital Officer, Human Capital Management Office,
Federal Trade Commission, 600 Pennsylvania Avenue NW, Washington, DC
20580.
See OPM/GOVT-5 for information about the system manager and address
for OPM's system of records.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
Federal Trade Commission Act, 15 U.S.C. 41 et seq.; 5 U.S.C. ch.
33, subch. I; 5 U.S.C. 4103; Executive Order 9397.
PURPOSE(S) OF THE SYSTEM:
To consider individuals who have applied for FTC employment by
evaluating and making determinations of their qualifications or
ineligibility; to rate and rank applicants for purposes of selecting
candidates for employment. As noted in OPM/GOVT-5, records are also
maintained and used to help identify training needs and for referral or
research purposes.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Individuals who have applied for employment at the FTC.
CATEGORIES OF RECORDS IN THE SYSTEM:
Applications for employment, correspondence, and other records
submitted, generated, or otherwise compiled and maintained by the FTC
as part of the recruitment, examination, or placement of individuals
seeking FTC employment. Records covered by this system are fully
described in the Government-wide system of records notice published by
the Office of Personnel Management (OPM) for this system of records,
OPM/GOVT-5 (Recruiting, Examining, and Placement Records).
RECORD SOURCE CATEGORIES:
Applicants; OPM; applicants' personal references; FTC contractor's
website.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSES OF SUCH USES:
See OPM/GOVT-5 for a list of routine uses authorized by OPM for
records in this system. Those uses include, for example:
(1) 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, when
the disclosing agency becomes aware of an indication of a violation or
potential violation of civil or criminal law or regulation.
(2) To disclose information to any source from which additional
information is requested (to the extent necessary to identify the
individual, inform the source of the purposes of the request, and to
identify the type of information requested), when necessary to obtain
information relevant to an agency decision concerning hiring or
retaining an employee, issuing a security clearance, conducting a
security or suitability investigation of an individual, classifying
positions, letting a contract, or issuing a license, grant or other
benefit.
(3) 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, classifying positions, letting a contract, or issuing
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 in the matter.
For other ways that the Privacy Act permits the FTC to use or
disclose system records outside the agency, see Appendix I (Authorized
Disclosures and Routine Uses Applicable to All FTC Privacy Act Systems
of Records), available on the FTC's website at https://www.ftc.gov/
about-ftc/foia/foia-
[[Page 16504]]
reading-rooms/privacy-act-systems and at 83 FR 55541, 55542-55543 (Nov.
6, 2018).
POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
Electronic, paper, or other non-electronic records. The FTC
(through an FTC contractor and in conjunction with OPM) uses websites
to collect personal data from applicants for electronic management,
processing, and storage. These data can also be downloaded and printed
out.
POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
By name only.
POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
Records in this system are retained for varying lengths of time
pursuant to the National Archives and Records Administration's General
Records Schedule 2.1. Job vacancy records in this system are retained
for two years after selection certificate is closed or final settlement
of any associated litigation, whichever is later, and job applications
in this system are retained for one year after date of submission.
Interview records related to filling job vacancies are retained two
years after case is closed by hire or non-selection, expiration of
right to appeal a non-selection, or final settlement of any associated
litigation, whichever is later.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
Access is restricted to FTC personnel and contractors whose job
duties require such access. Paper records are maintained in lockable
cabinets or offices. Burn bags or shredding is used to destroy
printouts, correspondence, or other records containing sensitive data.
Access to electronic records is protected by ``user ID'' and password
combination and/or other access or network controls (e.g., firewalls).
FTC buildings are guarded and monitored by security personnel, cameras,
ID checks, and other physical security measures.
RECORD ACCESS PROCEDURES:
See Sec. 4.13 of the FTC's Rules of Practice, 16 CFR 4.13. For
additional guidance, see also Appendix II (How To Make A Privacy Act
Request), available on the FTC's website at https://www.ftc.gov/about-ftc/foia/foia-reading-rooms/privacy-act-systems and at 73 FR 33592,
33634 (June 12, 2008).
CONTESTING RECORD PROCEDURES:
See Sec. 4.13 of the FTC's Rules of Practice, 16 CFR 4.13. For
additional guidance, see also Appendix II (How To Make A Privacy Act
Request), available on the FTC's website at https://www.ftc.gov/about-ftc/foia/foia-reading-rooms/privacy-act-systems and at 73 FR 33592,
33634 (June 12, 2008).
NOTIFICATION PROCEDURES:
See Sec. 4.13 of the FTC's Rules of Practice, 16 CFR 4.13. For
additional guidance, see also Appendix II (How To Make A Privacy Act
Request), available on the FTC's website at https://www.ftc.gov/about-ftc/foia/foia-reading-rooms/privacy-act-systems and at 73 FR 33592,
33634 (June 12, 2008).
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
See OPM/GOVT-5 and 5 CFR 297.501. Investigatory materials, if any,
relating to eligibility determinations, where disclosure may reveal
confidential sources, in this system are exempted under 5 U.S.C.
552a(k)(5).
HISTORY:
80 FR 9460-9465 (February 23, 2015).
73 FR 33591-33634 (June 12, 2008).
* * * * *
SYSTEM NAME AND NUMBER:
Equal Employment Opportunity Statistical Reporting System-FTC (FTC-
II-5).
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
Federal Trade Commission, 600 Pennsylvania Avenue NW, Washington,
DC 20580. For other locations where records may be maintained or
accessed, see Appendix III (Locations of FTC Buildings and Regional
Offices), available on the FTC's website at https://www.ftc.gov/about-ftc/foia/foia-reading-rooms/privacy-act-systems and at 80 FR 9460, 9465
(Feb. 23, 2015).
SYSTEM MANAGER(S):
Director, Equal Employment Opportunity Office, Federal Trade
Commission, 600 Pennsylvania Avenue NW, Washington, DC 20580, email:
[email protected].
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
5 U.S.C. 1301, 3301, 7201, 7204; Executive Order 10577; 42 U.S.C.
2000e-16; Public Law 93-112.
PURPOSE(S) OF THE SYSTEM:
To maintain EEO-related data about the FTC workforce; to protect
and limit access to such workforce data by collecting and maintaining
such data separately from certain other human resources records about
employees; to provide the FTC's EEO Office with data necessary to
create general statistical analyses and reports.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
FTC employees.
CATEGORIES OF RECORDS IN THE SYSTEM:
Coded minority group designations and other data relevant to equal
employment opportunity (EEO) at the FTC; other employee identification
data (e.g., position, grade, office or duty station).
RECORD SOURCE CATEGORIES:
Self-identification by employee (e.g., on information collection
forms completed by the employee); visual identification of employees or
other personal information or knowledge used by FTC Human Resources or
other staff for coding EEO-related data into the system; employee
identification data from other human resources record systems (e.g.,
FTC-II-I, General Personnel Records-FTC).
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSES OF SUCH USES:
Data from system records are disclosed only in aggregate, non-
individually identifiable form in analyses and reports generated for
use within the FTC and for reporting to Congress, the Office of
Management and Budget, the Equal Employment Opportunity Commission, and
the Office of Personnel Management, as required by law. For other ways
that the Privacy Act permits the FTC to use or disclose system records
outside the agency, see Appendix I (Authorized Disclosures and Routine
Uses Applicable to All FTC Privacy Act Systems of Records), available
on the FTC's website at https://www.ftc.gov/about-ftc/foia/foia-reading-rooms/privacy-act-systems and at 83 FR 55541, 55542-55543 (Nov.
6, 2018).
POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
Data from information collection forms completed by FTC employees
are entered into and stored in a structured electronic database
maintained on agency servers, with restricted access (see
``Safeguards'' below). Paper forms are compiled and kept in the FTC's
EEO Office.
POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
Indexed by name of individual, name of group, or by cross-reference
to title and grade or other human resources data fields or codes.
POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
Records are retained and destroyed in accordance with schedules and
[[Page 16505]]
guidance issued or approved by the National Archives and Records
Administration. See, e.g., General Records Schedule 2.3, item 35 (EEO-
related employment statistics), which authorizes disposal after five
years.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
Access is restricted to FTC personnel or contractors whose job
duties require such access. Initial receipt and handling of information
collection forms, as well as entry of data into computerized databases,
is limited to authorized FTC individuals. Information collection forms
are forwarded to and stored in lockable cabinets and offices within the
FTC's EEO Office. Completed forms and system data are stored and
maintained separately from other human resources records to prevent
access or use by unauthorized individuals. Access to electronic records
is controlled by ``user ID'' and password combination, and may be
obtained only by written authorization of the FTC's EEO Director.
System database is further protected by other network controls (e.g.,
firewalls). FTC buildings are guarded and monitored by security
personnel, cameras, ID checks, and other physical security measures.
RECORD ACCESS PROCEDURES:
See Sec. 4.13 of the FTC's Rules of Practice, 16 CFR 4.13. For
additional guidance, see also Appendix II (How To Make A Privacy Act
Request), available on the FTC's website at https://www.ftc.gov/about-ftc/foia/foia-reading-rooms/privacy-act-systems and at 73 FR 33592,
33634 (June 12, 2008).
CONTESTING RECORD PROCEDURES:
See Sec. 4.13 of the FTC's Rules of Practice, 16 CFR 4.13. For
additional guidance, see also Appendix II (How To Make A Privacy Act
Request), available on the FTC's website at https://www.ftc.gov/about-ftc/foia/foia-reading-rooms/privacy-act-systems and at 73 FR 33592,
33634 (June 12, 2008).
NOTIFICATION PROCEDURES:
See Sec. 4.13 of the FTC's Rules of Practice, 16 CFR 4.13. For
additional guidance, see also Appendix II (How To Make A Privacy Act
Request), available on the FTC's website at https://www.ftc.gov/about-ftc/foia/foia-reading-rooms/privacy-act-systems and at 73 FR 33592,
33634 (June 12, 2008).
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
None.
HISTORY:
73 FR 33591-33634 (June 12, 2008).
* * * * *
SYSTEM NAME AND NUMBER:
Discrimination Complaint System-FTC (FTC-II-6).
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
Federal Trade Commission, 600 Pennsylvania Avenue NW, Washington,
DC 20580. For other locations where records may be maintained or
accessed, see Appendix III (Locations of FTC Buildings and Regional
Offices), available on the FTC's website at https://www.ftc.gov/about-ftc/foia/foia-reading-rooms/privacy-act-systems and at 80 FR 9460, 9465
(Feb. 23, 2015).
SYSTEM MANAGER(S):
Director, Equal Employment Opportunity Office, Federal Trade
Commission, 600 Pennsylvania Avenue NW, Washington, DC 20580, email:
[email protected].
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
Section 717 of Title VII of the Civil Rights Act of 1964, as
amended, 42 U.S.C. 2000e-16; 29 CFR part 1614.
PURPOSE(S) OF THE SYSTEM:
To assist in the consideration given to reviews of potential or
alleged violations of equal employment opportunity (EEO) statutes and
regulations and to maintain records on pre-complaint and complaint
matters relating to those issues; for the purpose of counseling,
investigating, and adjudicating such complaints; to resolve issues
related to alleged discrimination because of race, color, religion,
sex, national origin, age, physical or mental disability, sexual
orientation, or status as a parent in connection with EEO matters; to
make reports to Office of Management and Budget, Merit Systems
Protection Board, and Equal Employment Opportunity Commission. (This
system corresponds to EEOC/GOVT-1, Equal Employment Opportunity in the
Federal Government Complaint and Appeal Records.)
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Past or present Federal Trade Commission employees and applicants
for employment.
CATEGORIES OF RECORDS IN THE SYSTEM:
Complaints, affidavits, supporting documents, memoranda,
correspondence, and notes relevant to and compiled during precomplaint
and complaint investigations and matters at the FTC; investigatory
files and reports incorporating copies of such records.
RECORD SOURCE CATEGORIES:
Individual about whom the record is maintained, affiants, and EEO
staff, other personnel records.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSES OF SUCH USES:
The system of records notice published for this system by the EEOC
(EEO/GOVT-1) sets forth the routine uses (disclosures) of records in
this system outside the agency. (For further information, the EEOC's
website is www.eeoc.gov.)
In addition, records in this system may be routinely used and/or
disclosed:
(1) To the complainant's lawyer or other formally designated
representative of the individual, to the extent required by applicable
Federal sector equal employment law and regulations. Portions of the
investigatory file may be redacted to protect against disclosure
outside the agency of information about individuals other than the
complainant.
(2) As relevant and necessary in administrative hearings and
appeals to which the complainant and the FTC are parties before the
EEOC, including any related court litigation or appeals.
For other ways that the Privacy Act permits the FTC to use or
disclose system records outside the agency, see Appendix I (Authorized
Disclosures and Routine Uses Applicable to All FTC Privacy Act Systems
of Records), available on the FTC's website at https://www.ftc.gov/about-ftc/foia/foia-reading-rooms/privacy-act-systems and at 83 FR
55541, 55542-55543 (Nov. 6, 2018).
POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
Documents consist mainly of paper records; certain records (e.g.,
draft memoranda, letters, emails) may be generated or maintained
electronically.
POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
Indexed by name of the complainant.
POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
Records are retained pursuant to General Records Schedule 2.3 for
varying periods of time after resolution of a case; including cases
that did not result in an official formal or informal EEO complaint (2
years), cases resolved within the agency that did not go to the formal
process stage (3 years), and cases resolved by formal process within
the agency, by the Equal Employment Opportunity Commission, or by a
U.S. Court (7 years).
[[Page 16506]]
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
Access is restricted to FTC personnel and contractors whose
responsibilities require access. Paper records are maintained in
lockable cabinets in the FTC's EEO Office, and access is restricted to
FTC's EEO staff and parties concerned in any related proceeding. Access
to electronic records is controlled by ``user ID'' and password
combination, and/or other appropriate electronic access and network
controls (e.g., firewalls). FTC buildings are guarded and monitored by
security personnel, cameras, ID checks, and other physical security
measures.
RECORD ACCESS PROCEDURES:
See Sec. 4.13 of the FTC's Rules of Practice, 16 CFR 4.13. For
additional guidance, see also Appendix II (How To Make A Privacy Act
Request), available on the FTC's website at https://www.ftc.gov/about-ftc/foia/foia-reading-rooms/privacy-act-systems and at 73 FR 33592,
33634 (June 12, 2008).
CONTESTING RECORD PROCEDURES:
See Sec. 4.13 of the FTC's Rules of Practice, 16 CFR 4.13. For
additional guidance, see also Appendix II (How To Make A Privacy Act
Request), available on the FTC's website at https://www.ftc.gov/about-ftc/foia/foia-reading-rooms/privacy-act-systems and at 73 FR 33592,
33634 (June 12, 2008).
NOTIFICATION PROCEDURES:
See Sec. 4.13 of the FTC's Rules of Practice, 16 CFR 4.13. For
additional guidance, see also Appendix II (How To Make A Privacy Act
Request), available on the FTC's website at https://www.ftc.gov/about-ftc/foia/foia-reading-rooms/privacy-act-systems and at 73 FR 33592,
33634 (June 12, 2008).
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
As provided in EEOC/GOVT-1, pursuant to subsection (k)(2) of the
Privacy Act, 5 U.S.C. 552a(k)(2), investigatory materials, if any,
compiled for law enforcement purposes in this system of records are
exempt from subsections (c)(3), (d), (e)(1), (e)(4)(G), (e)(4)(H),
(e)(4)(I) and (f) of the Act.
HISTORY:
73 FR 33591-33634 (June 12, 2008).
* * * * *
SYSTEM NAME AND NUMBER:
Employee Adverse Action and Disciplinary Records-FTC. (FTC-II-8).
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
Federal Trade Commission, 600 Pennsylvania Avenue NW, Washington,
DC 20580. For other locations where records may be maintained or
accessed, see Appendix III (Locations of FTC Buildings and Regional
Offices), available on the FTC's website at https://www.ftc.gov/about-ftc/foia/foia-reading-rooms/privacy-act-systems and at 80 FR 9460, 9465
(Feb. 23, 2015).
SYSTEM MANAGER(S):
Chief Human Capital Officer, Human Capital Management Office,
Federal Trade Commission, 600 Pennsylvania Avenue NW, Washington, DC
20580.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
5 U.S.C. 4301 et seq.; 5 U.S.C. 4311 et seq.; 5 U.S.C. 7101 et
seq.; 5 U.S.C. 7501 et seq.; 5 U.S.C. 7511 et seq.; 5 U.S.C. 7541 et
seq.; and 5 CFR parts 293, 315, 432 & 752.
PURPOSE(S) OF THE SYSTEM:
To document proposed and final agency decisions on disciplinary
actions, adverse actions, and performance-based actions in order for
them to be defensible before third-party review.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Current or former FTC employees who have been disciplined or had a
performance- based action taken against them, or who have a proposed
disciplinary or performance-based action against them.
CATEGORIES OF RECORDS IN THE SYSTEM:
Case files and records related to adverse actions and performance-
based actions (removal, suspension, reduction-in-grade) against
employees. The file can include a copy of the proposed adverse action
with supporting documents, statements of witnesses, employee's reply,
hearing notices, reports, agency decisions, reversal of action, and
appeal records. Other types of records are set out in the Office of
Personnel Management (OPM) Privacy Act system of records notice
applicable to this system, OPM/GOVT-3 (Records of Adverse Actions,
Performance Based Reduction in Grade and Removal Actions, and
Termination of Probationers), or any successor system notice for this
system.
RECORD SOURCE CATEGORIES:
Individual about whom the records pertain, witnesses, supervisors,
program managers, counselors, related correspondence from organizations
or persons.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSES OF SUCH USES:
Records in this system may be disclosed for any of the routine uses
set forth in OPM/GOVT-3.
In addition, records in this system:
(1) Including records of disciplinary actions, adverse actions and
performance-based actions, may be disclosed to and used by employee
relations specialists or others whose official duties require such
information;
(2) Including records of official time used and travel and per diem
money spent while attending to union business, may be disclosed to and
used by labor relations specialists and others whose official duties
require such information. Information in system records may also be
disclosed to officials of labor organizations recognized under 5 U.S.C.
7101 et seq. when relevant and necessary to their duties as exclusive
representative; and
(3) May be disclosed to the Federal Labor Relations Authority
(including its General Counsel) when requested in connection with
investigation and resolution of allegations of unfair labor practices,
in connection with the resolution of exceptions to arbitrator's awards
where a question of material fact is raised and matters before the
Federal Service Impasses Panel.
For other ways that the Privacy Act permits the FTC to use or
disclose system records outside the agency, see Appendix I (Authorized
Disclosures and Routine Uses Applicable to All FTC Privacy Act Systems
of Records), available on the FTC's website at https://www.ftc.gov/about-ftc/foia/foia-reading-rooms/privacy-act-systems and at 83 FR
55541, 55542-55543 (Nov. 6, 2018).
POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
Paper records stored in file folders; temporary electronic files.
POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
Indexed by individual's name.
POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
Records related to adverse actions, performance-based reduction-in-
grade and removal actions, and termination of probationers are
destroyed seven years after case is closed in accordance with General
Records Schedule 2.3, items 60-62, issued by the National Archives and
Records Administration. Actions related to labor management relations
arbitration are destroyed 5 years after final resolution in accordance
with General Records Schedule 2.3, item 52.
[[Page 16507]]
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
Access is restricted to agency personnel or contractors whose
responsibilities require access. Paper records are maintained in
lockable rooms or file cabinets. Access to any electronic records is
controlled by ``user ID'' and password combination and/or other
appropriate access or network controls (e.g., firewalls). FTC buildings
are guarded and monitored by security personnel, cameras, ID checks,
and other physical security measures.
RECORD ACCESS PROCEDURES:
See Sec. 4.13 of the FTC's Rules of Practice, 16 CFR 4.13. For
additional guidance, see also Appendix II (How To Make A Privacy Act
Request), available on the FTC's website at https://www.ftc.gov/about-ftc/foia/foia-reading-rooms/privacy-act-systems and at 73 FR 33592,
33634 (June 12, 2008).
CONTESTING RECORD PROCEDURES:
See Sec. 4.13 of the FTC's Rules of Practice, 16 CFR 4.13. For
additional guidance, see also Appendix II (How To Make A Privacy Act
Request), available on the FTC's website at https://www.ftc.gov/about-ftc/foia/foia-reading-rooms/privacy-act-systems and at 73 FR 33592,
33634 (June 12, 2008).
NOTIFICATION PROCEDURES:
See Sec. 4.13 of the FTC's Rules of Practice, 16 CFR 4.13. For
additional guidance, see also Appendix II (How To Make A Privacy Act
Request), available on the FTC's website at https://www.ftc.gov/about-ftc/foia/foia-reading-rooms/privacy-act-systems and at 73 FR 33592,
33634 (June 12, 2008).
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
None.
HISTORY:
80 FR 9460-9465 (February 23, 2015).
73 FR 33591-33634 (June 12, 2008).
SYSTEM NAME AND NUMBER:
Claimants Under Federal Tort Claims Act and Military Personnel and
Civilian Employees' Claims Act-FTC. (FTC-II-9).
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
Federal Trade Commission, 600 Pennsylvania Avenue NW, Washington,
DC 20580. For other locations where records may be maintained or
accessed, see Appendix III (Locations of FTC Buildings and Regional
Offices), available on the FTC's website at https://www.ftc.gov/about-ftc/foia/foia-reading-rooms/privacy-act-systems and at 80 FR 9460, 9465
(Feb. 23, 2015).
SYSTEM MANAGER(S):
Deputy General Counsel for Legal Counsel, Office of the General
Counsel, Federal Trade Commission, 600 Pennsylvania Avenue NW,
Washington, DC 20580.
Assistant Chief Financial Officer for Financial Systems, Internal
Control and Policy, Financial Management Office, Federal Trade
Commission, 600 Pennsylvania Avenue NW, 20580.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
Federal Tort Claims Act, 28 U.S.C. 1346(b), 28 U.S.C. 2671-2680;
Military Personnel and Civilian Employees' Claims Act, 31 U.S.C. 3721.
PURPOSE(S) OF THE SYSTEM:
To consider claims made under the above-cited statutes; to
investigate those claims; to determine appropriate responses to those
claims; and to maintain records outlining all considerations and
actions related to those claims.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Individuals who have claimed reimbursement from FTC under Federal
Tort Claims Act and Military Personnel and Civilian Employees' Claims
Act.
CATEGORIES OF RECORDS IN THE SYSTEM:
Personal information relating to incidents in which the FTC may be
liable for property damage, loss, or personal injuries; reimbursement
applications; internal memoranda; and witness statements.
RECORD SOURCE CATEGORIES:
Individual about whom the record pertains (claimant); FTC employee
involved in incident; other FTC employees or other persons having
knowledge of the circumstances; official police report (if any); and
insurance company representing claimant (if any).
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSES OF SUCH USES:
Records in this system:
(1) May be referred to Department of Justice, General Services
Administration, or other federal agency when the matter comes within
the jurisdiction of such agency; and
(2) May be used in discussions and correspondence with insurance
companies, with other persons or entities that may be liable, with
potential witnesses or others having knowledge of the matter.
For other ways that the Privacy Act permits the FTC to use or
disclose system records outside the agency, see Appendix I (Authorized
Disclosures and Routine Uses Applicable to All FTC Privacy Act Systems
of Records), available on the FTC's website at https://www.ftc.gov/about-ftc/foia/foia-reading-rooms/privacy-act-systems and at 83 FR
55541, 55542-55543 (Nov. 6, 2018).
POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
Paper records stored in file folders; temporary electronic files.
POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
Indexed by individual's name.
POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
Records are retained for 7 years after the matter has been
resolved, and then destroyed, as provided in General Records Schedule
1.1, item 80, issued by the National Archives and Records
Administration, except any claims files that are affected by court
order or subject to litigation proceedings, which are destroyed when
the court order is lifted or the litigation is concluded, or when the
files are 7 years, whichever is later.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
Access is restricted to agency personnel or contractors whose
responsibilities require access. Paper records are maintained in
lockable rooms or file cabinets. Access to electronic records is
controlled by ``user ID'' and password combination and/or other
appropriate access or network controls (e.g., firewalls). FTC buildings
are guarded and monitored by security personnel, cameras, ID checks,
and other physical security measures.
RECORD ACCESS PROCEDURES:
See Sec. 4.13 of the FTC's Rules of Practice, 16 CFR 4.13. For
additional guidance, see also Appendix II (How To Make A Privacy Act
Request), available on the FTC's website at https://www.ftc.gov/about-ftc/foia/foia-reading-rooms/privacy-act-systems and at 73 FR 33592,
33634 (June 12, 2008).
CONTESTING RECORD PROCEDURES:
See Sec. 4.13 of the FTC's Rules of Practice, 16 CFR 4.13. For
additional guidance, see also Appendix II (How To Make A Privacy Act
Request), available on the FTC's website at https://www.ftc.gov/about-ftc/foia/foia-reading-rooms/privacy-act-systems and at 73 FR 33592,
33634 (June 12, 2008).
[[Page 16508]]
NOTIFICATION PROCEDURES:
See Sec. 4.13 of the FTC's Rules of Practice, 16 CFR 4.13. For
additional guidance, see also Appendix II (How To Make A Privacy Act
Request), available on the FTC's website at https://www.ftc.gov/about-ftc/foia/foia-reading-rooms/privacy-act-systems and at 73 FR 33592,
33634 (June 12, 2008).
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
None.
HISTORY:
80 FR 9460-9465 (February 23, 2015).
74 FR 17863-17866 (April 17, 2009).
73 FR 33591-33634 (June 12, 2008).
* * * * *
SYSTEM NAME AND NUMBER:
e-Train Learning Management System-FTC (FTC-II-12).
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
Federal Trade Commission, 600 Pennsylvania Avenue NW, Washington,
DC 20580. For other locations where records may be maintained or
accessed, see Appendix III (Locations of FTC Buildings and Regional
Offices), available on the FTC's website at https://www.ftc.gov/about-ftc/foia/foia-reading-rooms/privacy-act-systems and at 80 FR 9460, 9465
(Feb. 23, 2015).
SYSTEM MANAGER(S):
Chief Human Capital Officer, Human Capital Management Office
(HCMO), Federal Trade Commission, 600 Pennsylvania Avenue NW,
Washington, DC 20580, email: [email protected].
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
Federal Trade Commission Act, 15 U.S.C. 41 et seq.; 5 U.S.C. ch.
41; 5 CFR 410.701.
PURPOSE(S) OF THE SYSTEM:
To provide information to agency managers necessary to indicate the
training that has been requested and provided to individual employees;
to determine course offerings and frequency; and to manage the training
program administered by the Human Capital Management Office. Since this
system is legally part of the OPM's Government-wide system of records
notice for this system, OPM/GOVT-1, it is subject to the same purposes
set forth for that system by OPM, see OPM/GOVT-1, or any successor OPM
system notice that may be published for this system (visit www.opm.gov
for more information).
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Individuals who, at the time the records are added to the system,
are FTC employees who registered to attend training courses offered by
the Human Capital Management Office.
CATEGORIES OF RECORDS IN THE SYSTEM:
Employee social security number, position title, pay plan, series,
grade, organizational code, work address, work phone number,
supervisor, date of birth, work email address, course number, course
title, course date and time, attendance indicator, separation date,
etc.
RECORD SOURCE CATEGORIES:
Individual about whom the record is maintained, supervisors,
managers, and Human Capital Management Office staff responsible for the
training program.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSES OF SUCH USES:
Since this system is legally part of the OPM's Government-wide
system of records notice for this system, OPM/GOVT-1, it is subject to
the same routine uses set forth for that system by OPM, see OPM/GOVT-1,
or any successor OPM system notice that may be published for this
system (visit www.opm.gov for more information).
For other ways that the Privacy Act permits the FTC to use or
disclose system records outside the agency, see Appendix I (Authorized
Disclosures and Routine Uses Applicable to All FTC Privacy Act Systems
of Records), available on the FTC's website at https://www.ftc.gov/about-ftc/foia/foia-reading-rooms/privacy-act-systems and at 83 FR
55541, 55542-55543 (Nov. 6, 2018).
POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
Records are stored in electronic record systems and temporary paper
printouts.
POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
Indexed by employee social security number and name.
POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
Employee training records are generally retained according to
General Records Schedule (GRS) 2.6, issued by the National Archives and
Records Administration.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
Access is restricted to agency personnel or contractors whose
responsibilities require access. Paper records are maintained in
lockable rooms or file cabinets. Access to electronic records is
controlled by ``user ID'' and password combination and/or other
appropriate electronic access and network controls (e.g., firewalls).
FTC buildings are guarded and monitored by security personnel, cameras,
ID checks, and other physical security measures.
RECORD ACCESS PROCEDURES:
See Sec. 4.13 of the FTC's Rules of Practice, 16 CFR 4.13. For
additional guidance, see also Appendix II (How To Make A Privacy Act
Request), available on the FTC's website at https://www.ftc.gov/about-ftc/foia/foia-reading-rooms/privacy-act-systems and at 73 FR 33592,
33634 (June 12, 2008).
CONTESTING RECORD PROCEDURES:
See Sec. 4.13 of the FTC's Rules of Practice, 16 CFR 4.13. For
additional guidance, see also Appendix II (How To Make A Privacy Act
Request), available on the FTC's website at https://www.ftc.gov/about-ftc/foia/foia-reading-rooms/privacy-act-systems and at 73 FR 33592,
33634 (June 12, 2008).
NOTIFICATION PROCEDURES:
See Sec. 4.13 of the FTC's Rules of Practice, 16 CFR 4.13. For
additional guidance, see also Appendix II (How To Make A Privacy Act
Request), available on the FTC's website at https://www.ftc.gov/about-ftc/foia/foia-reading-rooms/privacy-act-systems and at 73 FR 33592,
33634 (June 12, 2008).
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
None.
HISTORY:
75 FR 52749-52751 (August 27, 2010).
73 FR 33591-33634 (June 12, 2008).
* * * * *
III. Federal Trade Commission Financial Systems of Records
* * * * *
SYSTEM NAME AND NUMBER:
Personnel Payroll System-FTC. (FTC-III-1).
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
Federal Personnel Payroll System (FPPS) Management Division, U.S.
Department of Interior, Interior Business Center, 7301 West Mansfield
Avenue, Denver, CO 80227.
Federal Trade Commission, 600 Pennsylvania Avenue NW, Washington,
DC 20580. For other locations where
[[Page 16509]]
records may be maintained or accessed, see Appendix III (Locations of
FTC Buildings and Regional Offices), available on the FTC's website at
https://www.ftc.gov/about-ftc/foia/foia-reading-rooms/privacy-act-systems and at 80 FR 9460, 9465 (Feb. 23, 2015).
SYSTEM MANAGER(S):
Chief Human Capital Officer, Human Capital Management Office,
Federal Trade Commission, 600 Pennsylvania Avenue NW, Washington, DC
20580, email: [email protected].
See DOI-85 for the FPPS system manager and address.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
Title 5 of the United States Code, Part III, Subparts A-G; 31
U.S.C. 3512; 5 U.S.C. 5101 et seq.; Public Law 81-784, 64 Stat. 832;
Office of Management and Budget Circular A-123, ``Management's
Responsibility for Enterprise Risk Management and Internal Control''
(Revised 07/15/2016) and Attachment D, ``Compliance with the Federal
Financial Management Improvement Act'' (09/20/2013).
PURPOSE(S) OF THE SYSTEM:
To maintain, process and/or provide complete, accurate, and prompt:
(a) Payment of salary and deductions; (b) payroll information relating
to retirement contributions, including the calculation of retirement
benefits; (c) generation and maintenance of human resources and payroll
records and transactions; (d) interaction of human resources and
payroll systems with core financial systems; (e) adequate internal
controls to ensure that human resources and payroll systems are
operating in accordance with applicable laws and regulations; and (f)
information, without extraneous material, to those internal and
external to the agency who require the information, including the
answering of employees' inquiries regarding their retirement
contributions while they are with the agency.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Current and former Federal Trade Commission employees.
CATEGORIES OF RECORDS IN THE SYSTEM:
Employee name, Social Security number, and organizational code; pay
rate and grade, retirement, and location data; length of service; pay,
leave, time and attendance, allowances, and cost distribution records;
deductions for Medicare or FICA, FEGLI, union dues, taxes, allotments,
quarters, charities, health benefits, Thrift Savings Fund
contributions, awards, shift schedules, pay differentials, IRS tax lien
data, commercial garnishments, child support and/or alimony wage
assignments; and related payroll and personnel data. Also included is
information on debts owed to the government as a result of overpayment,
refunds owed, or a debt referred for collection on a transferred
employee.
These records are also covered by the applicable system notice
published by the Department of Interior (DOI), DOI-85 (Payroll,
Attendance, Retirement, and Leave Records--Interior), and any successor
system notice that may be published by DOI for this system.
RECORD SOURCE CATEGORIES:
Individuals on whom the records are maintained, official personnel
records of individuals on whom the records are maintained, supervisors,
timekeepers, previous employer, and the Internal Revenue Service.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSES OF SUCH USES:
Records in this system:
(1) That identify the individual's work schedule may be disclosed
to that extent, and for that purpose, to others within or outside the
agency;
(2) To the extent they contain information about an individual's
unemployment compensation, may be referred to state and local
unemployment compensation boards;
(3) To the extent they contain information about employment pay,
benefits, retirement deductions, and other information necessary for
the Office of Personnel Management (OPM) to carry out its Government-
wide personnel management functions, may be referred to OPM for such
purposes;
(4) May be referred to OPM upon the individual's retirement,
transfer to another Federal agency, or resignation from Federal
service; and
(5) May be disclosed for any routine use noted in the Department of
Interior (DOI) Privacy Act system of records notice applicable to this
system, DOI-85 (Payroll, Attendance, Retirement, and Leave Records--
Interior), or any successor system notice for this system.
For other ways that the Privacy Act permits the FTC to use or
disclose system records outside the agency, see Appendix I (Authorized
Disclosures and Routine Uses Applicable to All FTC Privacy Act Systems
of Records), available on the FTC's website at https://www.ftc.gov/about-ftc/foia/foia-reading-rooms/privacy-act-systems and at 83 FR
55541, 55542-55543 (Nov. 6, 2018).
POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
Stored on computer tape at the U.S. Department of Interior,
Interior Business Center, which processes employee payroll for the FTC
under an interagency agreement. Paper printouts or original input
documents may be stored at the FTC in locked file cabinets or as imaged
documents on magnetic media at all locations that prepare and input
documents and information for data processing.
POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
Indexed by name, Social Security number, and organizational code.
POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
The records in this system have varying retention periods as
described in the National Archives and Records Administration's General
Records Schedule 2.4 (items 010-050) for agency payroll records.
Records are held for length of the service of the employee while he or
she is at FTC. Information is forwarded to (a) gaining agency when
employee transfers to another Federal agency; or (b) National Archives
and Records Administration, National Personnel Records Center when
employee separates or retires from the Federal government.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
Access is restricted to agency personnel or contractors whose
responsibilities require access. Paper records are maintained in
lockable rooms or file cabinets. Access to electronic records is
controlled by ``user ID'' and password combination and/or other
appropriate electronic access controls. FTC buildings are guarded and
monitored by security personnel, cameras, ID checks, and other physical
security measures.
RECORD ACCESS PROCEDURES:
See Sec. 4.13 of the FTC's Rules of Practice, 16 CFR 4.13. For
additional guidance, see also Appendix II (How To Make A Privacy Act
Request), available on the FTC's website at https://www.ftc.gov/about-ftc/foia/foia-reading-rooms/privacy-act-systems and at 73 FR 33592,
33634 (June 12, 2008).
CONTESTING RECORD PROCEDURES:
See Sec. 4.13 of the FTC's Rules of Practice, 16 CFR 4.13. For
additional guidance, see also Appendix II (How To Make A Privacy Act
Request), available on the FTC's website at https://www.ftc.gov/about-
ftc/foia/foia-reading-
[[Page 16510]]
rooms/privacy-act-systems and at 73 FR 33592, 33634 (June 12, 2008).
NOTIFICATION PROCEDURES:
See Sec. 4.13 of the FTC's Rules of Practice, 16 CFR 4.13. For
additional guidance, see also Appendix II (How To Make A Privacy Act
Request), available on the FTC's website at https://www.ftc.gov/about-ftc/foia/foia-reading-rooms/privacy-act-systems and at 73 FR 33592,
33634 (June 12, 2008).
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
None.
HISTORY:
80 FR 9460-9465 (February 23, 2015).
74 FR 17863-17866 (April 17, 2009).
73 FR 33591-33634 (June 12, 2008).
* * * * *
Heather Hippsley,
Deputy General Counsel.
[FR Doc. 2019-07842 Filed 4-18-19; 8:45 am]
BILLING CODE 6750-01-P