Privacy Act of 1974; System of Records, 52999-53001 [2020-18888]
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Federal Register / Vol. 85, No. 167 / Thursday, August 27, 2020 / Notices
third party respondents. Section
90.1211 authorizes the fifty-five 700
MHz regional planning committees to
develop and submit on a voluntary basis
a plan on guidelines for coordination
procedures to facilitate the shared use of
the 4940–4990 MHz (4.9 GHz) band.
The Commission has stayed this
requirement indefinitely. Applicants are
granted a geographic area license for the
entire fifty MHz of 4.9 GHz spectrum
over a geographical area defined by the
boundaries of their jurisdiction—city,
county or state. Accordingly, licensees
are required to coordinate their
operations in the shared band to avoid
interference, a common practice when
joint operations are conducted.
Commission staff will use the
information to assign licenses,
determine regional spectrum
requirements and to develop technical
standards. The information will also be
used to determine whether prospective
licensees operate in compliance with
the Commission’s rules. Without such
information, the Commission could not
accommodate regional requirements or
provide for the efficient use of the
available frequencies. This information
collection includes rules to govern the
operation and licensing of the 700 MHz
and 4.9 GHz bands rules and regulation
to ensure that licensees continue to
fulfill their statutory responsibilities in
accordance with the Communications
Act of 1934, as amended. Such
information will continue to be used to
verify that applicants are legally and
technically qualified to hold licenses,
and to determine compliance with
Commission rules.
Federal Communications Commission.
Marlene Dortch,
Secretary, Office of the Secretary.
[FR Doc. 2020–18837 Filed 8–26–20; 8:45 am]
BILLING CODE 6712–01–P
FEDERAL COMMUNICATIONS
COMMISSION
[FRS 17006]
Privacy Act of 1974; System of
Records
Federal Communications
Commission.
ACTION: Notice of a modified system of
records.
khammond on DSKJM1Z7X2PROD with NOTICES
AGENCY:
The Federal Communications
Commission (FCC or Commission or
Agency) has transferred (within the
FCC), renamed, and modified an
existing system of records, FCC/OMD–
31, Private or Civil Injury Claimants
SUMMARY:
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(formerly FCC/OGC–6, Private or Civil
Injury Claimants), subject to the Privacy
Act of 1974, as amended. This action is
necessary to meet the requirements of
the Privacy Act to publish in the
Federal Register notice of the existence
and character of records maintained by
the Agency. Staff in the Office of the
Managing Director (OMD) and the Office
of General Counsel (OGC) use the
personally identifiable information (PII)
in this system for purposes that include,
but are not limited to, determining
whether a damage claim filed against
the FCC should be paid and for
reference purposes when similar cases
arise. As necessary, the records may be
transferred to the appropriate Federal
agency charged with the responsibility
of disposition.
DATES: This action will become effective
on September 28, 2020. Written
comments on the system’s routine uses
are due by September 28, 2020. The
routine uses in this action will become
effective on September 28, 2020, unless
written comments are received that
require a contrary determination.
ADDRESSES: Send comments to Leslie F.
Smith, Privacy Manager, Information
Technology (IT), Federal
Communications Commission (FCC),
Washington, DC 20554, or to
Leslie.Smith@fcc.gov or Privacy@
fcc.gov.
FOR FURTHER INFORMATION CONTACT:
Leslie F. Smith, (202) 418–0217, or
Leslie.Smith@fcc.gov or Privacy@fcc.gov
(and to obtain a copy of the Narrative
Statement and the Supplementary
Document, which includes details of the
modifications to this system of records).
SUPPLEMENTARY INFORMATION: FCC/
OMD–31 helps the FCC to determine
whether a damage claim filed against
the FCC should be paid and for
reference purposes when similar cases
arise. This notice serves to update and
modify FCC/OMD–31 to reflect various
necessary changes and updates,
including an increased use of
information technology, the expansion
of the system’s coverage of issues
related to torts, and format changes
required by OMB Circular A–108, since
its previous publication. The
substantive changes and modifications
to the previously published version of
the FCC/OMD–31 (formerly: FCC/OGC–
6, Private or Civil Injury Claimants)
system of records include:
1. Changing the name of the system of
records to FCC/OMD–31, Private or
Civil Injury Claimants, to note that this
system is being transferred to the FCC’s
Office of the Managing Director. Both
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Fmt 4703
Sfmt 4703
52999
the Office of the Managing Director and
the Office of General Counsel are the
joint managers for this system of
records. The joint management of this
SORN is also reflected in the
information in the System Manager’s
section.
2. Updating the Security
Classification to follow OMB guidance
and FCC guidance.
3. Adding 28 U.S.C. 1346(b), 1402(b),
2401(b), 2671 et seq., 31 U.S.C. 3711;
and Military Personnel and Civilian
Employees’ Claims Act, 31 U.S.C. 3721,
to the Authorities for Maintenance of
the System as part of the necessary
updates to the system to add military
and civilian employees to the groups
who are private or civil injury
claimants.
4. Modifying the Purposes, Categories
of Individuals, and Categories of
Records to add military and civilian
employees to those individuals who are
private or civil injury claimants.
5. Deleting routine use (1) Public
Access, since releases under the FOIA
are covered by 5 U.S.C. 552a(b)(2), so a
separate routine use for them is not
needed.
6. Updating language and/or
renumbering four routine uses: (1)
Adjudication and Litigation; (2) Law
Enforcement and Investigation; (3)
Congressional Inquiries; and (4)
Government-wide Program Management
and Oversight.
7. Adding four new routine uses: (5)
Breach Notification to address real or
suspected data breach situations at the
FCC; (6) Assistance to Federal Agencies
and Entities to allow the FCC to provide
assistance to other Federal agencies in
their data breach situations; (7) For NonFederal Personnel to allow contractors
performing or working on a contract for
the Federal Government access to this
system’s information; and (8) Non-FCC
Individuals and Organizations to
provide information to individuals and
organizations as necessary to obtain
information related to an investigation.
Routine Uses (5) and (6) are required by
OMB Memorandum 17–12.
8. Adding two new sections:
Reporting to a Consumer Reporting
Agency to address valid and overdue
debts owed by individuals to the FCC
under the Debt Collection Act, as
recommended by OMB; and History to
reference the previous publication of
this SORN in the Federal Register, as
required by OMB Circular A–108.
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Federal Register / Vol. 85, No. 167 / Thursday, August 27, 2020 / Notices
The system of records is also updated
to reflect various administrative changes
related to policy and practices for
storage, retrieval, and retention and
disposal of the records; administrative,
technical, and physical safeguards; and
updated notification, records access,
and contesting records procedures.
SYSTEM NAME AND NUMBER:
FCC/OMD–31, Private or Civil Injury
Claimants.
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
Office of the Managing Director
(OMD) and Office of General Counsel
(OGC), Federal Communications
Commission, Washington, DC 20554.
Office of the Managing Director
(OMD) and Office of General Counsel
(OGC), Federal Communications
Commission (FCC), Washington, DC
20554.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
28 U.S.C. 1346(b), 1402(b), 2401(b),
2671 et seq.; 31 U.S.C. 3711; Military
Personnel and Civilian Employees’
Claims Act, 31 U.S.C. 3721.
PURPOSE(S) OF THE SYSTEM:
Staff in OMD and OGC use
information in the system’s records for
purposes that include, but are not
limited to, determining whether the
damage claim(s) (including claims filed
by military personnel and civilian
employees) filed against the FCC should
be paid and for reference purposes
when similar cases arise.1 As necessary,
the records may be transferred to the
appropriate Federal agency charged
with the responsibility of disposition.
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
khammond on DSKJM1Z7X2PROD with NOTICES
Individuals in this system include,
but are not limited to, any individuals
who are claimants under the Federal
Tort Claims Act (FTCA), or the Military
Personnel and Civilian Employees’
Claims Act, or who assert a tort claim
against an FCC employee.2
1 OGC reviews tort claims made against the FCC.
Claimants should complete a Standard Form 95,
Claim for Damage, Injury or Death, and are
encouraged to submit the form by email to
tort.claims@fcc.gov. If email is impracticable,
claimants may also submit a claim by U.S. Mail as
noted on the FCC’s web page at: www.fcc.gov.
2 Information in this system may also be covered
by the FCC/OMD–29, Motor Vehicle Maintenance
Program, system of records, See https://
www.fcc.gov/general/privacy-act-information
#systems.
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Jkt 250001
Information in this system of records
includes, but is not limited to, claims
and supporting documentation (i.e., SF
95, Claim for Damage, Injury or Death),
accident and incident reports, witness
statements, tort claim vouchers,
correspondence, memoranda, medical
bills and payment receipts, repair and
payment estimates and receipts, and
pictures and other supporting
documentation, and related types of
records, reports, files, and materials,
which are associated with individuals
who are claimants under the Federal
Tort Claims Act (FTCA), or the Military
Personnel and Civilian Employees’
Claims Act, or who assert a tort claim
against an FCC employee.3
RECORD SOURCE CATEGORIES:
SYSTEM MANAGER(S):
VerDate Sep<11>2014
CATEGORIES OF RECORDS IN THE SYSTEM:
The sources for the information in
this system of records include, but are
not limited to:
(a) Individuals filing such claims;
(b) Individuals who are the subjects of
such claims;
(c) Attorneys or representatives of the
claimants and the subjects of the claims;
(d) Communication between FCC
bureaus and offices (B/Os); and
(e) Investigative materials and related
documentation and decisions involved
in appeals, amendments, and litigation
concerning such claims.
ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES OF USERS AND
PURPOSES OF SUCH USES:
In addition to those disclosures
generally permitted under 5 U.S.C.
552a(b) of the Privacy Act, all or a
portion of the records or information
contained in this system may be
disclosed to authorized entities, as is
determined to be relevant and
necessary, outside the FCC as a routine
use pursuant to 5 U.S.C. 552a(b)(3) as
follows.
1. Adjudication and Litigation—To
disclose information to the Department
of Justice (DOJ), or to other
administrative or adjudicative bodies
before which the FCC is authorized to
appear, when: (a) The FCC or any
component thereof; (b) any employee of
the FCC in his or her official capacity;
(c) any employee of the FCC in his or
her individual capacity where the DOJ
or the FCC have agreed to represent the
employee; or (d) the United States is a
party to litigation or has an interest in
such litigation, and the use of such
records by the DOJ or the FCC is
deemed by the FCC to be relevant and
necessary to the litigation.
2. Law Enforcement and
Investigation—To disclose pertinent
3 Ibid.
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Sfmt 4703
information to the appropriate Federal,
State, local, or tribal agency responsible
for investigating, prosecuting, enforcing,
or implementing a statute, rule,
regulation, or order, where the FCC
becomes aware of an indication of a
violation or potential violation of civil
or criminal law or regulation.
3. Congressional Inquiries—To
provide information to a Congressional
office from the record of an individual
in response to an inquiry from that
Congressional office made at the written
request of that individual.
4. Government-wide Program
Management and Oversight—To
disclose information to the National
Archives and Records Administration
(NARA) for use in its records
management inspections; to the
Government Accountability Office
(GAO) for oversight purposes (including
determinations concerning relief of
accountable personnel from liability for
losses of public funds and related fiscal
matters); to the U.S. Treasury to
disburse payment determination
information to pay a claimant once the
compensation decision has been
reached; to the Department of Justice
(DOJ) to obtain that department’s advice
regarding disclosure obligations under
the Freedom of Information Act (FOIA);
or to the Office of Management and
Budget (OMB) to obtain that office’s
advice regarding obligations under the
Privacy Act.
5. Breach Notification—To
appropriate agencies, entities, and
persons when: (a) The Commission
suspects or has confirmed that there has
been a breach of data maintained in the
system of records; (b) the Commission
has determined that as a result of the
suspected or confirmed breach there is
a risk of harm to individuals, the
Commission (including its information
systems, programs, and operations), the
Federal Government, or national
security; and (c) the disclosure made to
such agencies, entities, and persons is
reasonably necessary to assist in
connection with the Commission’s
efforts to respond to the suspected or
confirmed breach or to prevent,
minimize, or remedy such harm.
6. Assistance to Federal Agencies and
Entities—To another Federal agency or
Federal entity, when the Commission
determines that information from this
system is reasonably necessary to assist
the recipient agency or entity in: (a)
Responding to a suspected or confirmed
breach or (b) preventing, minimizing, or
remedying the risk of harm to
individuals, the recipient agency or
entity (including its information
systems, programs, and operations), the
Federal Government, or national
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Federal Register / Vol. 85, No. 167 / Thursday, August 27, 2020 / Notices
security, resulting from a suspected or
confirmed breach.
7. For Non-Federal Personnel—To
disclose information to non-Federal
personnel, i.e., contractors, performing
or working on a contract in connection
with private or civil injury claims and/
or IT services for the Federal
Government, who may require access to
this system of records.
8. Non-FCC Individuals and
Organizations—To disclose information
to individuals, including former FCC
employees, and organizations, in the
course of an investigation to the extent
necessary to obtain information
pertinent to the investigation.
REPORTING TO A CONSUMER REPORTING AGENCY:
In addition to the routine uses cited
above, the Commission may share
information from this system of records
with a consumer reporting agency
regarding an individual who has not
paid a valid and overdue debt owed to
the Commission, following the
procedures set out in the Debt
Collection Act, 31 U.S.C. 3711(e).
POLICIES AND PRACTICES FOR STORAGE OF
RECORDS:
Information in this system includes
both paper and electronic records. The
paper records, documents, and files are
maintained in file cabinets that are
located in OMD and OGC, and in the
bureaus and offices (B/Os) of the FCC
staff who provide the responses to such
claims. The electronic records, files, and
data are stored in the FCC’s computer
network.
POLICIES AND PRACTICES FOR RETRIEVAL OF
RECORDS:
Records are retrieved by the name of
the individual who filed the private or
civil injury claims.
POLICIES AND PRACTICES FOR RETENTION AND
DISPOSAL OF RECORDS:
Records are retained and disposed of
in accordance with the agency records
control schedule N1–173–91–001, Item
6, approved by the National Archives
and Records Administration (NARA).
khammond on DSKJM1Z7X2PROD with NOTICES
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL
SAFEGUARDS:
The electronic records, files, and data
are stored within FCC accreditation
boundaries and maintained in a
database housed in the FCC’s computer
network databases. Access to the
electronic files is restricted to
authorized OMD and OGC employees
and contractors, and to employees and
contractors in other B/Os who require
access, as required, for specific purposes
related to the private or civil injury
claim processes; and to IT staff,
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17:09 Aug 26, 2020
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contractors, and vendors who maintain
the IT networks and services. Other FCC
employees and contractors may be
granted access on a need-to-know basis.
The FCC’s electronic files and records
are protected by the FCC and third-party
privacy safeguards, a comprehensive
and dynamic set of IT safety and
security protocols and features that are
designed to meet all Federal IT privacy
standards, including those required by
the Federal Information Security
Modernization Act of 2014 (FISMA), the
Office of Management and Budget
(OMB), and the National Institute of
Standards and Technology (NIST).
Paper records (e.g., SF Form 95 and
related claims’ documents and
materials) are kept in file cabinets in the
OMD and OGC office suites. The file
cabinets containing these paper records
are maintained in non-public rooms in
the OMD, OGC, and B/O suites. The file
cabinets are locked at the end of the
day, or when not in use. Access to these
office suites is through card-coded
doors. The access points to these offices
are also monitored. Only authorized
OMD, OCG, and B/O supervisors and
staff who are responsible for responding
to these claims have access to these
paper records. Other FCC employees
and contractors in other B/Os may be
granted access as required, on a
temporary or limited basis for specific
purposes related to the private or civil
injury claim processes. The same
storage and security measures apply to
these loaned documents.
RECORDS ACCESS PROCEDURES:
Individuals wishing to request access
to and/or amendment of records about
them should follow the Notification
Procedure below.
CONTESTING RECORD PROCEDURES:
Individuals wishing to request an
amendment of records about them
should follow the Notification
Procedure below.
NOTIFICATION PROCEDURES:
Individuals wishing to determine
whether this system of records contains
information about them may do so by
writing to Leslie F. Smith, Privacy
Manager, Information Technology,
Federal Communications Commission,
Washington, DC 20554, or email
Leslie.Smith@fcc.gov or Privacy@
fcc.gov. Individuals requesting access
must also comply with the FCC’s
Privacy Act regulations regarding
verification of identity to gain access to
records as required under 47 CFR part
0, subpart E.
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
None.
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53001
HISTORY:
The FCC previously gave full notice of
FCC/OMD–31, Private or Civil Injury
Claimants (formerly: FCC/OGC–6,
Private or Civil Injury Claimants), by
publication in the Federal Register on
April 5, 2006 (71 FR 17234, 17245).
Federal Communications Commission.
Marlene Dortch,
Secretary.
[FR Doc. 2020–18888 Filed 8–26–20; 8:45 am]
BILLING CODE 6712–01–P
FEDERAL COMMUNICATIONS
COMMISSION
[OMB 3060–1271; FRS 17018]
Information Collection Being
Submitted for Review and Approval to
Office of Management and Budget
Federal Communications
Commission.
ACTION: Notice and request for
comments.
AGENCY:
As part of its continuing effort
to reduce paperwork burdens, as
required by the Paperwork Reduction
Act (PRA) of 1995, the Federal
Communications Commission (FCC or
the Commission) invites the general
public and other Federal Agencies to
take this opportunity to comment on the
following information collection.
Pursuant to the Small Business
Paperwork Relief Act of 2002, the FCC
seeks specific comment on how it might
‘‘further reduce the information
collection burden for small business
concerns with fewer than 25
employees.’’ The Commission may not
conduct or sponsor a collection of
information unless it displays a
currently valid Office of Management
and Budget (OMB) control number. No
person shall be subject to any penalty
for failing to comply with a collection
of information subject to the PRA that
does not display a valid OMB control
number.
SUMMARY:
Written comments and
recommendations for the proposed
information collection should be
submitted on or before September 28,
2020.
DATES:
Comments should be sent to
www.reginfo.gov/public/do/PRAMain.
Find this particular information
collection by selecting ‘‘Currently under
30-day Review—Open for Public
Comments’’ or by using the search
function. Your comment must be
submitted into www.reginfo.gov per the
above instructions for it to be
considered. In addition to submitting in
ADDRESSES:
E:\FR\FM\27AUN1.SGM
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]]>Agencies
[Federal Register Volume 85, Number 167 (Thursday, August 27, 2020)]
[Notices]
[Pages 52999-53001]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-18888]
-----------------------------------------------------------------------
FEDERAL COMMUNICATIONS COMMISSION
[FRS 17006]
Privacy Act of 1974; System of Records
AGENCY: Federal Communications Commission.
ACTION: Notice of a modified system of records.
-----------------------------------------------------------------------
SUMMARY: The Federal Communications Commission (FCC or Commission or
Agency) has transferred (within the FCC), renamed, and modified an
existing system of records, FCC/OMD-31, Private or Civil Injury
Claimants (formerly FCC/OGC-6, Private or Civil Injury Claimants),
subject to the Privacy Act of 1974, as amended. This action is
necessary to meet the requirements of the Privacy Act to publish in the
Federal Register notice of the existence and character of records
maintained by the Agency. Staff in the Office of the Managing Director
(OMD) and the Office of General Counsel (OGC) use the personally
identifiable information (PII) in this system for purposes that
include, but are not limited to, determining whether a damage claim
filed against the FCC should be paid and for reference purposes when
similar cases arise. As necessary, the records may be transferred to
the appropriate Federal agency charged with the responsibility of
disposition.
DATES: This action will become effective on September 28, 2020. Written
comments on the system's routine uses are due by September 28, 2020.
The routine uses in this action will become effective on September 28,
2020, unless written comments are received that require a contrary
determination.
ADDRESSES: Send comments to Leslie F. Smith, Privacy Manager,
Information Technology (IT), Federal Communications Commission (FCC),
Washington, DC 20554, or to [email protected] or [email protected].
FOR FURTHER INFORMATION CONTACT: Leslie F. Smith, (202) 418-0217, or
[email protected] or [email protected] (and to obtain a copy of the
Narrative Statement and the Supplementary Document, which includes
details of the modifications to this system of records).
SUPPLEMENTARY INFORMATION: FCC/OMD-31 helps the FCC to determine
whether a damage claim filed against the FCC should be paid and for
reference purposes when similar cases arise. This notice serves to
update and modify FCC/OMD-31 to reflect various necessary changes and
updates, including an increased use of information technology, the
expansion of the system's coverage of issues related to torts, and
format changes required by OMB Circular A-108, since its previous
publication. The substantive changes and modifications to the
previously published version of the FCC/OMD-31 (formerly: FCC/OGC-6,
Private or Civil Injury Claimants) system of records include:
1. Changing the name of the system of records to FCC/OMD-31,
Private or Civil Injury Claimants, to note that this system is being
transferred to the FCC's Office of the Managing Director. Both the
Office of the Managing Director and the Office of General Counsel are
the joint managers for this system of records. The joint management of
this SORN is also reflected in the information in the System Manager's
section.
2. Updating the Security Classification to follow OMB guidance and
FCC guidance.
3. Adding 28 U.S.C. 1346(b), 1402(b), 2401(b), 2671 et seq., 31
U.S.C. 3711; and Military Personnel and Civilian Employees' Claims Act,
31 U.S.C. 3721, to the Authorities for Maintenance of the System as
part of the necessary updates to the system to add military and
civilian employees to the groups who are private or civil injury
claimants.
4. Modifying the Purposes, Categories of Individuals, and
Categories of Records to add military and civilian employees to those
individuals who are private or civil injury claimants.
5. Deleting routine use (1) Public Access, since releases under the
FOIA are covered by 5 U.S.C. 552a(b)(2), so a separate routine use for
them is not needed.
6. Updating language and/or renumbering four routine uses: (1)
Adjudication and Litigation; (2) Law Enforcement and Investigation; (3)
Congressional Inquiries; and (4) Government-wide Program Management and
Oversight.
7. Adding four new routine uses: (5) Breach Notification to address
real or suspected data breach situations at the FCC; (6) Assistance to
Federal Agencies and Entities to allow the FCC to provide assistance to
other Federal agencies in their data breach situations; (7) For Non-
Federal Personnel to allow contractors performing or working on a
contract for the Federal Government access to this system's
information; and (8) Non-FCC Individuals and Organizations to provide
information to individuals and organizations as necessary to obtain
information related to an investigation. Routine Uses (5) and (6) are
required by OMB Memorandum 17-12.
8. Adding two new sections: Reporting to a Consumer Reporting
Agency to address valid and overdue debts owed by individuals to the
FCC under the Debt Collection Act, as recommended by OMB; and History
to reference the previous publication of this SORN in the Federal
Register, as required by OMB Circular A-108.
[[Page 53000]]
The system of records is also updated to reflect various
administrative changes related to policy and practices for storage,
retrieval, and retention and disposal of the records; administrative,
technical, and physical safeguards; and updated notification, records
access, and contesting records procedures.
SYSTEM NAME AND NUMBER:
FCC/OMD-31, Private or Civil Injury Claimants.
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
Office of the Managing Director (OMD) and Office of General Counsel
(OGC), Federal Communications Commission, Washington, DC 20554.
SYSTEM MANAGER(S):
Office of the Managing Director (OMD) and Office of General Counsel
(OGC), Federal Communications Commission (FCC), Washington, DC 20554.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
28 U.S.C. 1346(b), 1402(b), 2401(b), 2671 et seq.; 31 U.S.C. 3711;
Military Personnel and Civilian Employees' Claims Act, 31 U.S.C. 3721.
PURPOSE(S) OF THE SYSTEM:
Staff in OMD and OGC use information in the system's records for
purposes that include, but are not limited to, determining whether the
damage claim(s) (including claims filed by military personnel and
civilian employees) filed against the FCC should be paid and for
reference purposes when similar cases arise.\1\ As necessary, the
records may be transferred to the appropriate Federal agency charged
with the responsibility of disposition.
---------------------------------------------------------------------------
\1\ OGC reviews tort claims made against the FCC. Claimants
should complete a Standard Form 95, Claim for Damage, Injury or
Death, and are encouraged to submit the form by email to
[email protected]. If email is impracticable, claimants may also
submit a claim by U.S. Mail as noted on the FCC's web page at:
www.fcc.gov.
---------------------------------------------------------------------------
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Individuals in this system include, but are not limited to, any
individuals who are claimants under the Federal Tort Claims Act (FTCA),
or the Military Personnel and Civilian Employees' Claims Act, or who
assert a tort claim against an FCC employee.\2\
---------------------------------------------------------------------------
\2\ Information in this system may also be covered by the FCC/
OMD-29, Motor Vehicle Maintenance Program, system of records, See
https://www.fcc.gov/general/privacy-act-information#systems.
---------------------------------------------------------------------------
CATEGORIES OF RECORDS IN THE SYSTEM:
Information in this system of records includes, but is not limited
to, claims and supporting documentation (i.e., SF 95, Claim for Damage,
Injury or Death), accident and incident reports, witness statements,
tort claim vouchers, correspondence, memoranda, medical bills and
payment receipts, repair and payment estimates and receipts, and
pictures and other supporting documentation, and related types of
records, reports, files, and materials, which are associated with
individuals who are claimants under the Federal Tort Claims Act (FTCA),
or the Military Personnel and Civilian Employees' Claims Act, or who
assert a tort claim against an FCC employee.\3\
---------------------------------------------------------------------------
\3\ Ibid.
---------------------------------------------------------------------------
RECORD SOURCE CATEGORIES:
The sources for the information in this system of records include,
but are not limited to:
(a) Individuals filing such claims;
(b) Individuals who are the subjects of such claims;
(c) Attorneys or representatives of the claimants and the subjects
of the claims;
(d) Communication between FCC bureaus and offices (B/Os); and
(e) Investigative materials and related documentation and decisions
involved in appeals, amendments, and litigation concerning such claims.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND PURPOSES OF SUCH USES:
In addition to those disclosures generally permitted under 5 U.S.C.
552a(b) of the Privacy Act, all or a portion of the records or
information contained in this system may be disclosed to authorized
entities, as is determined to be relevant and necessary, outside the
FCC as a routine use pursuant to 5 U.S.C. 552a(b)(3) as follows.
1. Adjudication and Litigation--To disclose information to the
Department of Justice (DOJ), or to other administrative or adjudicative
bodies before which the FCC is authorized to appear, when: (a) The FCC
or any component thereof; (b) any employee of the FCC in his or her
official capacity; (c) any employee of the FCC in his or her individual
capacity where the DOJ or the FCC have agreed to represent the
employee; or (d) the United States is a party to litigation or has an
interest in such litigation, and the use of such records by the DOJ or
the FCC is deemed by the FCC to be relevant and necessary to the
litigation.
2. Law Enforcement and Investigation--To disclose pertinent
information to the appropriate Federal, State, local, or tribal agency
responsible for investigating, prosecuting, enforcing, or implementing
a statute, rule, regulation, or order, where the FCC becomes aware of
an indication of a violation or potential violation of civil or
criminal law or regulation.
3. Congressional Inquiries--To provide information to a
Congressional office from the record of an individual in response to an
inquiry from that Congressional office made at the written request of
that individual.
4. Government-wide Program Management and Oversight--To disclose
information to the National Archives and Records Administration (NARA)
for use in its records management inspections; to the Government
Accountability Office (GAO) for oversight purposes (including
determinations concerning relief of accountable personnel from
liability for losses of public funds and related fiscal matters); to
the U.S. Treasury to disburse payment determination information to pay
a claimant once the compensation decision has been reached; to the
Department of Justice (DOJ) to obtain that department's advice
regarding disclosure obligations under the Freedom of Information Act
(FOIA); or to the Office of Management and Budget (OMB) to obtain that
office's advice regarding obligations under the Privacy Act.
5. Breach Notification--To appropriate agencies, entities, and
persons when: (a) The Commission suspects or has confirmed that there
has been a breach of data maintained in the system of records; (b) the
Commission has determined that as a result of the suspected or
confirmed breach there is a risk of harm to individuals, the Commission
(including its information systems, programs, and operations), the
Federal Government, or national security; and (c) the disclosure made
to such agencies, entities, and persons is reasonably necessary to
assist in connection with the Commission's efforts to respond to the
suspected or confirmed breach or to prevent, minimize, or remedy such
harm.
6. Assistance to Federal Agencies and Entities--To another Federal
agency or Federal entity, when the Commission determines that
information from this system is reasonably necessary to assist the
recipient agency or entity in: (a) Responding to a suspected or
confirmed breach or (b) preventing, minimizing, or remedying the risk
of harm to individuals, the recipient agency or entity (including its
information systems, programs, and operations), the Federal Government,
or national
[[Page 53001]]
security, resulting from a suspected or confirmed breach.
7. For Non-Federal Personnel--To disclose information to non-
Federal personnel, i.e., contractors, performing or working on a
contract in connection with private or civil injury claims and/or IT
services for the Federal Government, who may require access to this
system of records.
8. Non-FCC Individuals and Organizations--To disclose information
to individuals, including former FCC employees, and organizations, in
the course of an investigation to the extent necessary to obtain
information pertinent to the investigation.
REPORTING TO A CONSUMER REPORTING AGENCY:
In addition to the routine uses cited above, the Commission may
share information from this system of records with a consumer reporting
agency regarding an individual who has not paid a valid and overdue
debt owed to the Commission, following the procedures set out in the
Debt Collection Act, 31 U.S.C. 3711(e).
POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
Information in this system includes both paper and electronic
records. The paper records, documents, and files are maintained in file
cabinets that are located in OMD and OGC, and in the bureaus and
offices (B/Os) of the FCC staff who provide the responses to such
claims. The electronic records, files, and data are stored in the FCC's
computer network.
POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
Records are retrieved by the name of the individual who filed the
private or civil injury claims.
POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
Records are retained and disposed of in accordance with the agency
records control schedule N1-173-91-001, Item 6, approved by the
National Archives and Records Administration (NARA).
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
The electronic records, files, and data are stored within FCC
accreditation boundaries and maintained in a database housed in the
FCC's computer network databases. Access to the electronic files is
restricted to authorized OMD and OGC employees and contractors, and to
employees and contractors in other B/Os who require access, as
required, for specific purposes related to the private or civil injury
claim processes; and to IT staff, contractors, and vendors who maintain
the IT networks and services. Other FCC employees and contractors may
be granted access on a need-to-know basis.
The FCC's electronic files and records are protected by the FCC and
third-party privacy safeguards, a comprehensive and dynamic set of IT
safety and security protocols and features that are designed to meet
all Federal IT privacy standards, including those required by the
Federal Information Security Modernization Act of 2014 (FISMA), the
Office of Management and Budget (OMB), and the National Institute of
Standards and Technology (NIST).
Paper records (e.g., SF Form 95 and related claims' documents and
materials) are kept in file cabinets in the OMD and OGC office suites.
The file cabinets containing these paper records are maintained in non-
public rooms in the OMD, OGC, and B/O suites. The file cabinets are
locked at the end of the day, or when not in use. Access to these
office suites is through card-coded doors. The access points to these
offices are also monitored. Only authorized OMD, OCG, and B/O
supervisors and staff who are responsible for responding to these
claims have access to these paper records. Other FCC employees and
contractors in other B/Os may be granted access as required, on a
temporary or limited basis for specific purposes related to the private
or civil injury claim processes. The same storage and security measures
apply to these loaned documents.
RECORDS ACCESS PROCEDURES:
Individuals wishing to request access to and/or amendment of
records about them should follow the Notification Procedure below.
CONTESTING RECORD PROCEDURES:
Individuals wishing to request an amendment of records about them
should follow the Notification Procedure below.
NOTIFICATION PROCEDURES:
Individuals wishing to determine whether this system of records
contains information about them may do so by writing to Leslie F.
Smith, Privacy Manager, Information Technology, Federal Communications
Commission, Washington, DC 20554, or email [email protected] or
[email protected]. Individuals requesting access must also comply with
the FCC's Privacy Act regulations regarding verification of identity to
gain access to records as required under 47 CFR part 0, subpart E.
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
None.
HISTORY:
The FCC previously gave full notice of FCC/OMD-31, Private or Civil
Injury Claimants (formerly: FCC/OGC-6, Private or Civil Injury
Claimants), by publication in the Federal Register on April 5, 2006 (71
FR 17234, 17245).
Federal Communications Commission.
Marlene Dortch,
Secretary.
[FR Doc. 2020-18888 Filed 8-26-20; 8:45 am]
BILLING CODE 6712-01-P
