Notice of an Amended Privacy Act System of Records; Request for Comment, 67964-67967 [2019-26755]
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Federal Register / Vol. 84, No. 239 / Thursday, December 12, 2019 / Notices
public and affected agencies are invited
on one or more of the following points:
(1) Whether the proposed collection of
information is necessary for the proper
performance of the function of the
agency, including whether the
information will have practical utility;
(2) The accuracy of the agency’s
estimate of the burden of the proposed
collection of information, including the
validity of the methodology and
assumptions used; (3) Ways to enhance
the quality, utility, and clarity of the
information to be collected; and (4)
Ways to minimize the burden of the
collection of information on those who
are to respond, including the use of
appropriate automated, electronic,
mechanical, or other technological
collection techniques or other forms of
information technology.
Overview of Information Collection
Title of information collection: Survey
on the Treatment of Opioid Use
Disorders.
Method of data collection: Electronic
survey.
Frequency: One-time data collection.
Members of affected public:
Administrators in drug courts in the
counties with the highest total opioidrelated overdoses and the highest
opioid-related overdose rates.
Estimation of the total numbers of
hours needed to prepare the information
collection including number of
respondents, frequency of response, and
hours of response:
Number of respondents: 269.
Frequency of response: 1.
Average time per response: 15
minutes.
Annual hour burden: 67 hours.
Status of the proposed information
collection: New.
Dated: December 9, 2019.
Michael Passante,
Acting General Counsel.
[FR Doc. 2019–26793 Filed 12–11–19; 8:45 am]
BILLING CODE 3280–F5–P
EXECUTIVE OFFICE OF THE
PRESIDENT
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Office of National Drug Control Policy
Submission for Review: Survey on
Practices and Policies Related to the
Treatment of Opioid Use Disorders
Office of National Drug Control
Policy.
ACTION: 30-Day notice and request for
comments.
AGENCY:
In accordance with the
Paperwork Reduction Act of 1995, the
SUMMARY:
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Office of National Drug Control Policy
(ONDCP) announces it will submit to
the Office of Management and Budget
(OMB) and Office of Information and
Regulatory Affairs (OIRA) an
information collection request. This
proposed information collection was
previously published in the Federal
Register of October 8, 2019 and allowed
60 days for public comment. No public
comments were received. The purpose
of this notice is to allow an additional
30 days for public comment.
DATES: ONDCP encourages and will
accept public comments on or before 30
days after the date of this publication.
ADDRESSES: Address all comments in
writing within 30 days to Jayme Delano,
Deputy Director, National HIDTA
Program Office. Email is the most
reliable means of communication. Ms.
Delano’s email address is Jayme_A_
Delano@ondcp.eop.gov.
FOR FURTHER INFORMATION CONTACT: To
request more information on the
proposed project or to obtain a copy of
the data collection plans and
instruments, contact the Executive
Office of the President, Office of
National Drug Control Policy, attention:
Jayme Delano or sent via electronic mail
at Jayme_A_Delano@ondcp.eop.gov.
Formal requests for additional plans and
instruments must be in writing. Copies
of documents submitted to OMB and
other information is available from Ms.
Delano who may be contacted at 202–
395–6794.
SUPPLEMENTARY INFORMATION: The Office
of National Drug Control Policy desires
to learn how adult drug courts are
responding to the opioid epidemic. To
do so, they propose to conduct a survey
of State/Territory Drug Court
Coordinators to learn more about adult
drug courts’ efforts to serve persons
suffering from opioid use disorders,
focusing particularly on the use of
medication-assisted treatment (MAT).
An earlier survey from 2012 found that
nearly half of drug courts were not using
MAT or had blanket prohibitions
against methadone or buprenorphine. At
the same time, ONDCP funded a suite of
resources to increase uptake of MAT in
treatment courts, including online and
in-person training workshops,
practitioner fact sheets, pocket guides
for staff members and participants,
professional tool kits, and sample
policies and procedures materials. The
proposed survey will examine statewide
MAT efforts, and policies and
procedures concerning MAT, including
whether there have been recent changes
in state certification requirements,
training modules, or funding mandates
to increase MAT adoption. ONDCP
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previously published this information
collection on October 8, 2019 at 84 FR
53762.
Request for Comments: Written
comments and/or suggestions from the
public and affected agencies are invited
on one or more of the following points:
(1) Whether the proposed collection of
information is necessary for the proper
performance of the function of the
agency, including whether the
information will have practical utility;
(2) The accuracy of the agency’s
estimate of the burden of the proposed
collection of information, including the
validity of the methodology and
assumptions used; (3) Ways to enhance
the quality, utility, and clarity of the
information to be collected; and (4)
Ways to minimize the burden of the
collection of information on those who
are to respond, including the use of
appropriate automated, electronic,
mechanical, or other technological
collection techniques or other forms of
information technology.
Overview of Information Collection
Title of Information Collection:
Survey on Practices and Policies Related
to the Treatment of Opioid Use
Disorders.
Method of data collection: Electronic
survey.
Frequency: One-time data collection.
Members of affected public: State and
Territory Drug Court Coordinators.
Estimation of the total numbers of
hours needed to prepare the information
collection including number of
respondents, frequency of response, and
hours of response:
Number of respondents: 54.
Frequency of response: 1.
Average time per response: 17
minutes.
Annual hour burden: 15 hours.
Status of the proposed information
collection: New.
Dated: December 9, 2019.
Michael Passante,
Acting General Counsel.
[FR Doc. 2019–26803 Filed 12–11–19; 8:45 am]
BILLING CODE 3280–F5–P
NATIONAL LABOR RELATIONS
BOARD
Notice of an Amended Privacy Act
System of Records; Request for
Comment
AGENCY:
National Labor Relations
Board.
Notice of an Amended Privacy
Act System of Records; request for
comment.
ACTION:
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Federal Register / Vol. 84, No. 239 / Thursday, December 12, 2019 / Notices
Pursuant to the provisions of
the Privacy Act of 1974, the National
Labor Relations Board (NLRB or
Agency) publishes this notice of its
intention to amend a system of records,
NLRB–32, Freedom of Information Act
Tracking System (FTS) and Associated
Agency Files. All persons are advised
that, in the absence of submitted
comments considered by the Agency as
warranting modification of the notice as
here proposed, it is the intention of the
Agency that the notice shall be effective
upon expiration of the comment period
without further action.
DATES: Written comments must be
received on or before January 13, 2020.
ADDRESSES: All persons who desire to
submit written comments for
consideration by the Agency in
connection with this proposed notice of
the amended system of records shall
mail them to the Agency’s Senior
Agency Official for Privacy, National
Labor Relations Board, 1015 Half Street
SE, Third Floor, Washington, DC
20570–0001, or submit them
electronically to privacy@nlrb.gov.
Comments may also be submitted
electronically through https://
www.regulations.gov, which contains a
copy of this proposed notice and any
submitted comments.
FOR FURTHER INFORMATION CONTACT:
Virginia Ephraim, IT Security and
Privacy Compliance Specialist, National
Labor Relations Board, 1015 Half Street
SE, Third Floor, Washington, DC
20570–0001, (202) 273–3733, privacy@
nlrb.gov.
SUPPLEMENTARY INFORMATION: This
system of records, NLRB–32, was
previously published on December 13,
2006 (71 FR 74941), along with eleven
other systems of records. On July 16,
2007, pursuant to 5 U.S.C. 552a(k)(2), a
Final Rule was published (72 FR 38778),
exempting portions of this system of
records from the following provisions of
the Privacy Act: 5 U.S.C. 52a(d)(3), (d),
(e)(1), (e)(4)(G), (e)(4)(H), (e)(4)(I), and
(f), insofar as the system contains
investigatory material compiled for law
enforcement purposes. Specifically, the
Final Rule for this system exempted
information requested under the
Freedom of Information Act, 5 U.S.C.
552, that relates to: The Agency’s
investigation of unfair labor practice
charges and representation cases,
requests to file injunctions under 29
U.S.C. 160(j), requests to initiate federal
court contempt proceedings, certain
requests that the Board initiate litigation
or intervene in non-Agency litigation,
investigative subpoena enforcement
cases, injunction and mandamus actions
regarding Agency cases under
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investigation, bankruptcy case
information in matters under
investigation, Freedom of Information
Act (FOIA) litigation, information
involving investigatory records, and any
other investigatory material compiled
for law enforcement purposes.
As of August 1, 2017, this FTS system
is a legacy system only. The Agency will
continue retrieving information from the
system when appropriate, but no
additional information is being added to
it. The Agency is using FOIAonline
(https://foiaonline.regulations.gov), and
a separate system of records notice is
being published for that system, NLRB
FOIAonline. FOIAonline is a system
managed and used by the
Environmental Protection Agency (EPA)
and multiple partner agencies as a
secure, password-protected website to
electronically receive, process, track,
and store requests from the public for
federal records; post responsive records
to a website; collect data for annual
reporting requirements to the
Department of Justice; and manage
internal FOIA administration activities.
The NLRB’s FOIA information for
requests made prior to fiscal year 2015
are maintained only in FTS, and
information for requests made between
fiscal year 2015 and July 31, 2017 are
maintained in both systems.
SYSTEM NAME AND NUMBER:
Freedom of Information Act Tracking
System (FTS) and Associated Agency
Files. NLRB–32.
SECURITY CLASSIFICATION:
None.
SYSTEM LOCATION:
Records are stored on electronic
media at Agency Headquarters, and any
legacy paper files are stored at
Headquarters and the Regional Offices,
or in a Federal Records Center. See the
Agency’s website for addresses
(www.nlrb.gov). Records from limited
numbers of FOIA requests involving
large volumes of documents may also be
stored in contractor-maintained
electronic databases with document
management capabilities. Additionally,
pursuant to the Agency’s flexiplace and
telework programs, or due to official
travel, FTS may also be accessed
electronically from alternative
worksites, including employees’ homes.
All appropriate safeguards will be
taken at these sites.
SYSTEM MANAGER:
Assistant General Counsel/Freedom of
Information Act Officer, FOIA Branch,
National Labor Relations Board. The
Agency’s address is available on its
website (www.nlrb.gov).
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AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
5 U.S.C. 552; 44 U.S.C. 3101.
PURPOSE(S):
FTS is a legacy electronic case
tracking system used by the Agency’s
FOIA Branch to facilitate the accurate
and timely collection, retrieval, and
retention of information to track FOIA
requests from the public for documents
maintained by the Agency, as well as
administrative appeals of Agency FOIA
determinations. Beginning August 1,
2017, the Agency uses FOIAonline, an
EPA-administered system used by that
agency and multiple partner agencies as
a secure, password-protected website to
electronically receive, process, track,
and store requests from the public for
federal records; store responsive
records; post responsive records to a
website; collect data for quarterly and
annual reporting requirements to the
Department of Justice; and manage
internal FOIA administration activities.
The NLRB’s FOIA information for
requests made prior to fiscal year 2015
is maintained only in FTS and
Associated Agency Files. The
information and activities tracked by
FTS may be generated by the parties’
filing of FOIA requests, the issuance of
initial FOIA determinations, the parties’
filing of FOIA appeals, and the Agency’s
final determinations. FTS is used to
track the processing of FOIA requests
from initial receipt of requests through
Agency determination on appeal, the
nature of records sought, exemptions
claimed by the Agency in initial
determinations, processing time, and
any fee charges. This database is also
used to generate data for managing the
Agency’s resources, creating the
Agency’s budget, preparing monthly
and annual reports of casehandling
activities, and providing requested
statistical reports to the public. The
Associated Agency Files are paper files
maintained to document FOIA requests
and appeals, and electronic files
maintained on the Agency’s system.
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
Individuals making FOIA requests for
documents maintained by the Agency
and those requesters appealing initial
Agency FOIA determinations (‘‘FOIA
appellants’’); individual parties in
Agency and related judicial proceedings
named in FOIA requests; current and
former Agency employees assigned to
process FOIA requests and appeals.
CATEGORIES OF RECORDS IN THE SYSTEM:
(1) Summary information of FOIA
requests and appeals made to the
Agency (such as requester contact
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information, assumption of fees
information, request information, appeal
information, and Agency personnel
assigned to process FOIA requests) is
maintained in FTS. Electronic
documents associated with FOIA
requests and appeals are maintained on
an Agency network drive and are
accessible through FTS.
(2) Associated Agency Files are paper
and electronic records concerning the
processing of initial FOIA requests to
the Agency and appeals of those initial
determinations. These records include
administrative records (such as FOIA
requests, initial Agency determinations,
documents responsive to the FOIA
requests, documents withheld from
FOIA requesters, final Agency
determinations on appeal, and bills to
the requesters for chargeable fees),
correspondence, legal research
memoranda, and other related
documents. Both FTS and the
Associated Agency Files may include
FOIA requesters’ and FOIA appellants’
home addresses and home telephone
numbers, if such information is
provided to the Agency. Portions of
these records include civil investigatory
and law enforcement information
contained in the requested documents at
issue. As of June 2016, the Agency no
longer created Associated Agency Files
in paper form.
RECORDS SOURCE CATEGORIES:
For records not exempted under 5
U.S.C. 552a(k)(2) of the Privacy Act,
record source categories include Agency
employees processing FOIA requests,
FOIA requesters and appellants, and
documents relating to the processing of
a FOIA request.
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ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES OF USERS AND
THE PURPOSE OF SUCH USES:
Records may be disclosed:
1. To a federal, state, or local agency
(including a bar association or other
legal licensing authority), charged with
the responsibility for investigating,
defending, or pursuing violations of law
or rule (civil, criminal, or regulatory in
nature), in any case in which there is an
indication of a violation or potential
violation of law or rule;
2. to the Agency’s legal representative,
including the Department of Justice and
other outside counsel, where the
Agency is a party in litigation or has an
interest in litigation, including when
any of the following is a party to
litigation or has an interest in such
litigation: (a) The Agency, or any
component thereof; (b) any employee of
the Agency in his or her official
capacity; (c) any employee of the
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Agency in her or her individual
capacity, where the Department of
Justice has agreed or is considering a
request to represent the employee; or (d)
the United States, where the Agency
determines that litigation is likely to
affect the Agency or any of its
components;
3. to individuals who need the
information in connection with the
processing of an internal Agency
grievance;
4. to an arbitrator to resolve disputes
under a negotiated Agency grievance
arbitration procedure;
5. to officials of labor organizations
recognized under 5 U.S.C., chapter 71,
when disclosure is not prohibited by
law, and the data is normally
maintained by the Agency in the regular
course of business and is necessary for
a full and proper discussion,
understanding, and negotiation of
subjects within the scope of collective
bargaining. The foregoing shall have the
identical meaning as 5 U.S.C.
7114(b)(4);
6. to a member of Congress or to a
congressional staff member in response
to an inquiry of the congressional office
made at the request of the constituent
about whom the records are maintained;
7. to FOIA requesters, when the
Agency discloses requested documents
under the circumstances of the Agency’s
discretionary release policy, set forth in
the Agency’s FOIA Manual (available on
the Agency’s website at www.nlrb.gov);
8. to the following federal agencies:
(a) The Office of Management and
Budget in order to obtain advice
regarding the Agency’s obligations
under the Privacy Act, or to assist with
the Agency’s budget requests; (b) the
Department of Justice in order to obtain
advice regarding the Agency’s
obligations under the Freedom of
Information Act; or (c) the National
Archives and Records Administration,
in records management inspections
conducted under the authority of 44
U.S.C. 2904 and 2906;
9. to contractors and other federal
agencies, for the purpose of assisting the
Agency in further development and
continuing maintenance of electronic
case tracking systems, or for assisting
the Agency with electronic document
management for purposes of responding
to discovery, FOIA requests, or
congressional inquiries;
10. to agencies of the United States
Government, or to foreign or
international law enforcement or
administrative authorities, in order to
comply with requirements imposed by,
or to claim rights conferred in,
international agreements and
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arrangements in which the United
States participates; and
11. to the National Archives and
Records Administration, Office of
Government Information Services
(OGIS), to the extent necessary to fulfill
its responsibilities under 5 U.S.C.
552(h), to review administrative agency
policies, procedures and compliance
with the FOIA, and to facilitate OGIS’
offering of mediation services to resolve
disputes between persons making FOIA
requests and administrative agencies.
DISCLOSURE TO CONSUMER REPORTING
AGENCIES:
None.
POLICIES AND PRACTICES FOR STORAGE OF
RECORDS:
Data is maintained on paper and
electronic media.
POLICIES AND PRACTICES FOR RETRIEVAL OF
RECORDS:
Data may be retrieved by individual
names of those making FOIA requests
and FOIA appeals to the Agency; names
of parties in Agency or related judicial
proceedings named in FOIA requests,
names of current and former Agency
employees assigned to cases; as well as
by non-personal identifiers, such as case
numbers assigned by the Agency.
POLICIES AND PRACTICES FOR RETENTION AND
DISPOSAL OF RECORDS:
FTS information will be retained and
disposed of in accordance with General
Records Schedule 4.2, Item 020, which
provides for destruction six years after
final agency action, but longer retention
is authorized if required for business
use.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL
SAFEGUARDS:
Paper—Access to Agency working
and storage areas is restricted to Agency
employees who have a need to use the
information in order to perform their
duties, custodial personnel, and other
contractor and security personnel.
Associated Agency Files are maintained
in lockable file cabinets in staffed or
locked areas during working hours. The
facilities are protected from
unauthorized access during nonworking hours by security personnel.
Electronic—Electronic system-based
access controls are in place to prevent
data misuse. Access to electronic
information is controlled by
administrators who determine users’
authorized access based on each user’s
office and position within the Agency.
Access criteria, procedures, controls,
and responsibilities are documented
and consistent with the policies stated
in policies AC–1 ‘‘Information Security
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Access Control Policy’’ dated October 3,
2017 and IA–1 ‘‘Information Security
Identification and Authentication
Policy’’ dated September 8, 2017. All
network users are also warned at the
time of each network login that the
system is for use by authorized users
only, and that unauthorized or improper
use is a violation of law. Agency
employees may access FTS from
alternative worksites but may not
reproduce or transfer Agency
information or documents to any system
or equipment other than NLRB systems
and NLRB-approved equipment.
RECORDS ACCESS PROCEDURES:
For records not exempted under 5
U.S.C. 552a(k)(2) of the Privacy Act, an
individual seeking to gain access to
records in this system pertaining to their
own records should contact the System
Manager in accordance with the
procedures set forth in 29 CFR
102.119(b)–(c).
CONTESTING RECORDS PROCEDURE:
For records not exempted under 5
U.S.C. 552a(k)(2) of the Privacy Act, an
individual may request amendment of a
record in this system pertaining to their
own records by directing a request to
the System Manager in accordance with
the procedures set forth in 29 CFR
102.119(d).
NOTIFICATION PROCEDURES:
For records not exempted under 5
U.S.C. 552a(k)(2) of the Privacy Act, an
individual may inquire as to whether
this system contains a record pertaining
to such individual by directing a request
to the System Manager in accordance
with the procedures set forth in 29 CFR
102.119(a).
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
Pursuant to 5 U.S.C. 552a(k)(2), the
Agency has exempted portions of this
system, including investigatory material
compiled for law enforcement purposes
and requested under the FOIA, from the
following provisions of the Privacy Act:
5 U.S.C. 552a(c)(3), (d), (e)(1), (e)(4)(G),
(e)(4)(H), (e)(4)(I), and (f).
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HISTORY:
A notice of this system was
previously published on December 13,
2006 (71 FR 74941).
Dated: Washington, DC, December 9, 2019.
By direction of the Board.
Roxanne L. Rothschild,
Executive Secretary.
[FR Doc. 2019–26755 Filed 12–11–19; 8:45 am]
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NATIONAL LABOR RELATIONS
BOARD
Notice of a New System of Records;
Request for Comments
AGENCY:
National Labor Relations
Board.
Notice of a New System of
Records; request for comments.
ACTION:
Pursuant to the provisions of
the Privacy Act of 1974, the Agency
publishes this notice of its use and
maintenance of a system of records,
NLRB–35, NLRB FOIAonline. All
persons are advised that, in the absence
of submitted comments considered by
the Agency as warranting modification
of the notice as here proposed, it is the
intention of the Agency that the notice
shall be effective upon expiration of the
comment period without further action.
DATES: Written comments must be
received on or before January 13, 2020.
ADDRESSES: All persons who desire to
submit written comments for
consideration by the Agency in
connection with this proposed notice of
the amended system of records shall
mail them to the Agency’s Senior
Agency Official for Privacy, National
Labor Relations Board, 1015 Half Street
SE, Third Floor, Washington, DC
20570–0001, or submit them
electronically to privacy@nlrb.gov.
Comments may also be submitted
electronically through https://
www.regulations.gov, which contains a
copy of this proposed notice and any
submitted comments.
FOR FURTHER INFORMATION CONTACT:
Virginia Ephraim, IT Security and
Privacy Compliance Specialist, National
Labor Relations Board, 1015 Half Street
SE, Third Floor, Washington, DC
20570–0001, (202)–273–3733, privacy@
nlrb.gov.
SUMMARY:
The NLRB
FOIAonline system contains electronic
information of each request and
administrative appeal made to the
Agency pursuant to the Freedom of
Information Act (FOIA), as well as
correspondence related to the requests
and appeals, including names,
addresses, telephone numbers, and
other information about a requester.
NLRB FOIAonline is managed by the
United States Environmental Protection
Agency (EPA) and used by the EPA and
other agencies to process, track, and
respond to FOIA requests and appeals.
The NLRB FOIAonline system provides
the NLRB with a secure, passwordprotected website to electronically
receive, process, track, and store
requests from the public for federal
SUPPLEMENTARY INFORMATION:
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67967
records; store responsive records; post
responsive records to a website; collect
data for annual reporting requirements
to the Department of Justice; and
manage internal FOIA administration
activities. In addition, the NLRB
FOIAonline system allows the public to
submit and track FOIA requests and
appeals; access requests and responsive
records online, and obtain the status of
requests filed with the NLRB. Social
security numbers and other types of
personally identifiable information may
be provided in requests or in responsive
documents to first-party requesters.
Such sensitive personally identifiable
information (PII) is not made publicly
available. The name of a FOIA requester
is publicly available and searchable by
the public. With the exception of a
requester’s name, any other personally
identifiable information provided by a
requester during the process of
completing the request form or creating
an online account (e.g., home addresses,
email address, and contact information)
will not be posted to the website, nor
will it be searchable by the public. PII
determined to be publicly releasable
and contained in documents released to
the public under FOIA (e.g., the names
and official contact information of
government employees or the names of
agency correspondents) will be publicly
available and searchable by the public
when posted. Individuals accessing the
system are the Agency’s Chief FOIA
Officer, FOIA Officer, FOIA Branch
management, FOIA processors, and
members of the public. Prior to the use
of NLRB FOIAonline, the Agency used
NLRB–32, its FOIA Tracking System,
which was published on December 13,
2006 (71 FR 74941). As of August 1,
2017, FTS is a legacy system only, and
its modification is being published.
SYSTEM NAME AND NUMBER
NLRB FOIAonline. NLRB–35
SECURITY CLASSIFICATION:
None.
SYSTEM LOCATION:
Records are stored electronically
through the FOIAonline website,
maintained at EPA’s National Computer
Center located at 109 T.W. Alexander
Drive, Durham, NC 27709. Records from
limited numbers of FOIA requests
involving large volumes of documents
may also be stored in contractormaintained electronic databases with
document management capabilities.
Additionally, pursuant to the Agency’s
flexiplace and telework programs, or
due to official travel, NLRB FOIAonline
may also be accessed electronically from
alternative worksites, including
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]]>Agencies
[Federal Register Volume 84, Number 239 (Thursday, December 12, 2019)]
[Notices]
[Pages 67964-67967]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-26755]
=======================================================================
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NATIONAL LABOR RELATIONS BOARD
Notice of an Amended Privacy Act System of Records; Request for
Comment
AGENCY: National Labor Relations Board.
ACTION: Notice of an Amended Privacy Act System of Records; request for
comment.
-----------------------------------------------------------------------
[[Page 67965]]
SUMMARY: Pursuant to the provisions of the Privacy Act of 1974, the
National Labor Relations Board (NLRB or Agency) publishes this notice
of its intention to amend a system of records, NLRB-32, Freedom of
Information Act Tracking System (FTS) and Associated Agency Files. All
persons are advised that, in the absence of submitted comments
considered by the Agency as warranting modification of the notice as
here proposed, it is the intention of the Agency that the notice shall
be effective upon expiration of the comment period without further
action.
DATES: Written comments must be received on or before January 13, 2020.
ADDRESSES: All persons who desire to submit written comments for
consideration by the Agency in connection with this proposed notice of
the amended system of records shall mail them to the Agency's Senior
Agency Official for Privacy, National Labor Relations Board, 1015 Half
Street SE, Third Floor, Washington, DC 20570-0001, or submit them
electronically to [email protected]. Comments may also be submitted
electronically through https://www.regulations.gov, which contains a
copy of this proposed notice and any submitted comments.
FOR FURTHER INFORMATION CONTACT: Virginia Ephraim, IT Security and
Privacy Compliance Specialist, National Labor Relations Board, 1015
Half Street SE, Third Floor, Washington, DC 20570-0001, (202) 273-3733,
[email protected].
SUPPLEMENTARY INFORMATION: This system of records, NLRB-32, was
previously published on December 13, 2006 (71 FR 74941), along with
eleven other systems of records. On July 16, 2007, pursuant to 5 U.S.C.
552a(k)(2), a Final Rule was published (72 FR 38778), exempting
portions of this system of records from the following provisions of the
Privacy Act: 5 U.S.C. 52a(d)(3), (d), (e)(1), (e)(4)(G), (e)(4)(H),
(e)(4)(I), and (f), insofar as the system contains investigatory
material compiled for law enforcement purposes. Specifically, the Final
Rule for this system exempted information requested under the Freedom
of Information Act, 5 U.S.C. 552, that relates to: The Agency's
investigation of unfair labor practice charges and representation
cases, requests to file injunctions under 29 U.S.C. 160(j), requests to
initiate federal court contempt proceedings, certain requests that the
Board initiate litigation or intervene in non-Agency litigation,
investigative subpoena enforcement cases, injunction and mandamus
actions regarding Agency cases under investigation, bankruptcy case
information in matters under investigation, Freedom of Information Act
(FOIA) litigation, information involving investigatory records, and any
other investigatory material compiled for law enforcement purposes.
As of August 1, 2017, this FTS system is a legacy system only. The
Agency will continue retrieving information from the system when
appropriate, but no additional information is being added to it. The
Agency is using FOIAonline (https://foiaonline.regulations.gov), and a
separate system of records notice is being published for that system,
NLRB FOIAonline. FOIAonline is a system managed and used by the
Environmental Protection Agency (EPA) and multiple partner agencies as
a secure, password-protected website to electronically receive,
process, track, and store requests from the public for federal records;
post responsive records to a website; collect data for annual reporting
requirements to the Department of Justice; and manage internal FOIA
administration activities. The NLRB's FOIA information for requests
made prior to fiscal year 2015 are maintained only in FTS, and
information for requests made between fiscal year 2015 and July 31,
2017 are maintained in both systems.
SYSTEM NAME AND NUMBER:
Freedom of Information Act Tracking System (FTS) and Associated
Agency Files. NLRB-32.
SECURITY CLASSIFICATION:
None.
SYSTEM LOCATION:
Records are stored on electronic media at Agency Headquarters, and
any legacy paper files are stored at Headquarters and the Regional
Offices, or in a Federal Records Center. See the Agency's website for
addresses (www.nlrb.gov). Records from limited numbers of FOIA requests
involving large volumes of documents may also be stored in contractor-
maintained electronic databases with document management capabilities.
Additionally, pursuant to the Agency's flexiplace and telework
programs, or due to official travel, FTS may also be accessed
electronically from alternative worksites, including employees' homes.
All appropriate safeguards will be taken at these sites.
SYSTEM MANAGER:
Assistant General Counsel/Freedom of Information Act Officer, FOIA
Branch, National Labor Relations Board. The Agency's address is
available on its website (www.nlrb.gov).
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
5 U.S.C. 552; 44 U.S.C. 3101.
PURPOSE(S):
FTS is a legacy electronic case tracking system used by the
Agency's FOIA Branch to facilitate the accurate and timely collection,
retrieval, and retention of information to track FOIA requests from the
public for documents maintained by the Agency, as well as
administrative appeals of Agency FOIA determinations. Beginning August
1, 2017, the Agency uses FOIAonline, an EPA-administered system used by
that agency and multiple partner agencies as a secure, password-
protected website to electronically receive, process, track, and store
requests from the public for federal records; store responsive records;
post responsive records to a website; collect data for quarterly and
annual reporting requirements to the Department of Justice; and manage
internal FOIA administration activities. The NLRB's FOIA information
for requests made prior to fiscal year 2015 is maintained only in FTS
and Associated Agency Files. The information and activities tracked by
FTS may be generated by the parties' filing of FOIA requests, the
issuance of initial FOIA determinations, the parties' filing of FOIA
appeals, and the Agency's final determinations. FTS is used to track
the processing of FOIA requests from initial receipt of requests
through Agency determination on appeal, the nature of records sought,
exemptions claimed by the Agency in initial determinations, processing
time, and any fee charges. This database is also used to generate data
for managing the Agency's resources, creating the Agency's budget,
preparing monthly and annual reports of casehandling activities, and
providing requested statistical reports to the public. The Associated
Agency Files are paper files maintained to document FOIA requests and
appeals, and electronic files maintained on the Agency's system.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Individuals making FOIA requests for documents maintained by the
Agency and those requesters appealing initial Agency FOIA
determinations (``FOIA appellants''); individual parties in Agency and
related judicial proceedings named in FOIA requests; current and former
Agency employees assigned to process FOIA requests and appeals.
CATEGORIES OF RECORDS IN THE SYSTEM:
(1) Summary information of FOIA requests and appeals made to the
Agency (such as requester contact
[[Page 67966]]
information, assumption of fees information, request information,
appeal information, and Agency personnel assigned to process FOIA
requests) is maintained in FTS. Electronic documents associated with
FOIA requests and appeals are maintained on an Agency network drive and
are accessible through FTS.
(2) Associated Agency Files are paper and electronic records
concerning the processing of initial FOIA requests to the Agency and
appeals of those initial determinations. These records include
administrative records (such as FOIA requests, initial Agency
determinations, documents responsive to the FOIA requests, documents
withheld from FOIA requesters, final Agency determinations on appeal,
and bills to the requesters for chargeable fees), correspondence, legal
research memoranda, and other related documents. Both FTS and the
Associated Agency Files may include FOIA requesters' and FOIA
appellants' home addresses and home telephone numbers, if such
information is provided to the Agency. Portions of these records
include civil investigatory and law enforcement information contained
in the requested documents at issue. As of June 2016, the Agency no
longer created Associated Agency Files in paper form.
RECORDS SOURCE CATEGORIES:
For records not exempted under 5 U.S.C. 552a(k)(2) of the Privacy
Act, record source categories include Agency employees processing FOIA
requests, FOIA requesters and appellants, and documents relating to the
processing of a FOIA request.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSE OF SUCH USES:
Records may be disclosed:
1. To a federal, state, or local agency (including a bar
association or other legal licensing authority), charged with the
responsibility for investigating, defending, or pursuing violations of
law or rule (civil, criminal, or regulatory in nature), in any case in
which there is an indication of a violation or potential violation of
law or rule;
2. to the Agency's legal representative, including the Department
of Justice and other outside counsel, where the Agency is a party in
litigation or has an interest in litigation, including when any of the
following is a party to litigation or has an interest in such
litigation: (a) The Agency, or any component thereof; (b) any employee
of the Agency in his or her official capacity; (c) any employee of the
Agency in her or her individual capacity, where the Department of
Justice has agreed or is considering a request to represent the
employee; or (d) the United States, where the Agency determines that
litigation is likely to affect the Agency or any of its components;
3. to individuals who need the information in connection with the
processing of an internal Agency grievance;
4. to an arbitrator to resolve disputes under a negotiated Agency
grievance arbitration procedure;
5. to officials of labor organizations recognized under 5 U.S.C.,
chapter 71, when disclosure is not prohibited by law, and the data is
normally maintained by the Agency in the regular course of business and
is necessary for a full and proper discussion, understanding, and
negotiation of subjects within the scope of collective bargaining. The
foregoing shall have the identical meaning as 5 U.S.C. 7114(b)(4);
6. to a member of Congress or to a congressional staff member in
response to an inquiry of the congressional office made at the request
of the constituent about whom the records are maintained;
7. to FOIA requesters, when the Agency discloses requested
documents under the circumstances of the Agency's discretionary release
policy, set forth in the Agency's FOIA Manual (available on the
Agency's website at www.nlrb.gov);
8. to the following federal agencies: (a) The Office of Management
and Budget in order to obtain advice regarding the Agency's obligations
under the Privacy Act, or to assist with the Agency's budget requests;
(b) the Department of Justice in order to obtain advice regarding the
Agency's obligations under the Freedom of Information Act; or (c) the
National Archives and Records Administration, in records management
inspections conducted under the authority of 44 U.S.C. 2904 and 2906;
9. to contractors and other federal agencies, for the purpose of
assisting the Agency in further development and continuing maintenance
of electronic case tracking systems, or for assisting the Agency with
electronic document management for purposes of responding to discovery,
FOIA requests, or congressional inquiries;
10. to agencies of the United States Government, or to foreign or
international law enforcement or administrative authorities, in order
to comply with requirements imposed by, or to claim rights conferred
in, international agreements and arrangements in which the United
States participates; and
11. to the National Archives and Records Administration, Office of
Government Information Services (OGIS), to the extent necessary to
fulfill its responsibilities under 5 U.S.C. 552(h), to review
administrative agency policies, procedures and compliance with the
FOIA, and to facilitate OGIS' offering of mediation services to resolve
disputes between persons making FOIA requests and administrative
agencies.
DISCLOSURE TO CONSUMER REPORTING AGENCIES:
None.
POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
Data is maintained on paper and electronic media.
POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
Data may be retrieved by individual names of those making FOIA
requests and FOIA appeals to the Agency; names of parties in Agency or
related judicial proceedings named in FOIA requests, names of current
and former Agency employees assigned to cases; as well as by non-
personal identifiers, such as case numbers assigned by the Agency.
POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
FTS information will be retained and disposed of in accordance with
General Records Schedule 4.2, Item 020, which provides for destruction
six years after final agency action, but longer retention is authorized
if required for business use.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
Paper--Access to Agency working and storage areas is restricted to
Agency employees who have a need to use the information in order to
perform their duties, custodial personnel, and other contractor and
security personnel. Associated Agency Files are maintained in lockable
file cabinets in staffed or locked areas during working hours. The
facilities are protected from unauthorized access during non-working
hours by security personnel.
Electronic--Electronic system-based access controls are in place to
prevent data misuse. Access to electronic information is controlled by
administrators who determine users' authorized access based on each
user's office and position within the Agency. Access criteria,
procedures, controls, and responsibilities are documented and
consistent with the policies stated in policies AC-1 ``Information
Security
[[Page 67967]]
Access Control Policy'' dated October 3, 2017 and IA-1 ``Information
Security Identification and Authentication Policy'' dated September 8,
2017. All network users are also warned at the time of each network
login that the system is for use by authorized users only, and that
unauthorized or improper use is a violation of law. Agency employees
may access FTS from alternative worksites but may not reproduce or
transfer Agency information or documents to any system or equipment
other than NLRB systems and NLRB-approved equipment.
RECORDS ACCESS PROCEDURES:
For records not exempted under 5 U.S.C. 552a(k)(2) of the Privacy
Act, an individual seeking to gain access to records in this system
pertaining to their own records should contact the System Manager in
accordance with the procedures set forth in 29 CFR 102.119(b)-(c).
CONTESTING RECORDS PROCEDURE:
For records not exempted under 5 U.S.C. 552a(k)(2) of the Privacy
Act, an individual may request amendment of a record in this system
pertaining to their own records by directing a request to the System
Manager in accordance with the procedures set forth in 29 CFR
102.119(d).
NOTIFICATION PROCEDURES:
For records not exempted under 5 U.S.C. 552a(k)(2) of the Privacy
Act, an individual may inquire as to whether this system contains a
record pertaining to such individual by directing a request to the
System Manager in accordance with the procedures set forth in 29 CFR
102.119(a).
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
Pursuant to 5 U.S.C. 552a(k)(2), the Agency has exempted portions
of this system, including investigatory material compiled for law
enforcement purposes and requested under the FOIA, from the following
provisions of the Privacy Act: 5 U.S.C. 552a(c)(3), (d), (e)(1),
(e)(4)(G), (e)(4)(H), (e)(4)(I), and (f).
HISTORY:
A notice of this system was previously published on December 13,
2006 (71 FR 74941).
Dated: Washington, DC, December 9, 2019.
By direction of the Board.
Roxanne L. Rothschild,
Executive Secretary.
[FR Doc. 2019-26755 Filed 12-11-19; 8:45 am]
BILLING CODE 7545-01-P
