Privacy Act of 1974; System of Records, 14110-14112 [2021-05102]
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Federal Register / Vol. 86, No. 47 / Friday, March 12, 2021 / Notices
FEDERAL COMMUNICATIONS
COMMISSION
[FR ID: 17545]
Privacy Act of 1974; System of
Records
Federal Communications
Commission.
ACTION: Notice of a modified system of
records.
AGENCY:
The Federal Communications
Commission (FCC, Commission, or
Agency) has modified an existing
system of records, FCC/OMD–2, Labor
Relations and Employee Performance
Files, subject to the Privacy Act of 1974,
as amended. This action is necessary to
meet the requirements of the Privacy
Act to publish in the Federal Register
notice of the existence and character of
records maintained by the Agency. The
records in this system contain
information on Commission employees
that the Human Resources Management
(HRM) in the Office of Managing
Director (OMD) uses for purposes such
as litigation, law enforcement,
congressional inquiries, labor
organization inquiries, and governmentwide program oversight.
DATES: This system of records will
become effective on March 12, 2021.
Written comments on the routine uses
are due by April 12, 2021. The routine
uses will become effective on April 12,
2021, unless written comments are
received that require a contrary
determination.
ADDRESSES: Send comments to Margaret
Drake, at privacy@fcc.gov, or at Federal
Communications Commission (FCC), 45
L Street NE, Washington, DC 20554 at
(202) 418–1707.
FOR FURTHER INFORMATION CONTACT:
Margaret Drake, (202) 418–1707, 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/
OMB–2 contains information on
Commission employees that the Human
Resources Management (HRM) in the
Office of Managing Director (OMD) uses
for purposes such as litigation, law
enforcement, congressional inquiries,
labor organization inquiries, and
government-wide program oversight.
This notice serves to modify FCC/OMB–
2 to reflect various necessary changes
and updates, including format changes
required by OMB Circular A–108 since
its previous publication and the
addition of two routine uses to address
data breaches, as required by OMB
SUMMARY:
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Memorandum M–17–12. The
substantive changes and modification to
the previously published version of
FCC/OMB–2 system of records include:
1. Updating the Security
Classification to follow OMB and FCC
guidance.
2. Updating the System Location to
show the FCC’s new headquarters
address.
3. Modifying the Categories of
Records to add employee grievances to
the list that currently includes only
employee responses or appeals.
4. Adding the Equal Employment
Opportunity Commission (EEOC) to the
record sources for this system when an
underlying action (e.g., suspension) is
challenged before the EEOC, the EEOrelated records may also be subject to
the governmentwide EEOC SORN.
5. Revising language in four Routine
Uses: (1) Adjudication and Litigation,
(2) Law Enforcement and Investigation,
(3) Congressional Inquiries, and (4)
Government-wide Program Management
and Oversight.
6. Deleting three existing Routine
Uses: (5) Employment, Clearances,
Licensing, Contract, Grant, or other
Benefits Decisions by the agency, (6)
Employment, Clearances, Licensing,
Contract, Grant, or other Benefits
Decisions by other than the agency, and
(7) Labor Relations.
7. Adding four new Routine Uses: (5)
Breach Notification, to allow the FCC
address information breaches at the
Commission; (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 information in this system;
and (8) Non-FCC Individuals and
Organizations, to disclose information
to individuals, including former FCC
employees, and organizations, to obtain
information pertinent to an
investigation or proceeding. New
Routine Uses (5) and (6) are required by
OMB Memorandum M–17–12.
8. Replacing the Disclosures to
Consumer Reporting section with a new
Reporting to a Consumer Reporting
Agency section to address valid and
overdue debts owed by individuals to
the FCC under the Debt Collection Act,
as recommended by OMB.
9. Modifying the Policies and
Practices for Retrieval of Records to add
the employee name as a retrieval metric
and, when applicable, examining case
logs will disclose an employee’s name
associated with a case number.
10. Updating the Records Retention
and Disposal section with a new
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Fmt 4703
Sfmt 4703
National Archives and Records (NARA)
General Records Schedule (GRS) 2.3
(DAA–GRS–2018–0002).
10. Adding a History section
referencing the previous publication of
this SORN in the Federal Register, as
required by OMB Circular A–108.
The system of records is also updated
to reflect various administrative changes
related to the policy and practices for
storage of the information;
administrative, technical, and physical
safeguards; and updated notification,
records access, and procedures to
contest records.
SYSTEM NAME AND NUMBER:
FCC/OMD–2, LABOR RELATIONS AND EMPLOYEE
PERFORMANCE FILES
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
Human Resources Management
(HRM), Office of Managing Director
(OMD), Federal Communications
Commission (FCC), 45 L Street NE,
Washington, DC, 20554.
SYSTEM MANAGER(S):
Human Resources Management
(HRM), Office of Managing Director
(OMD), Federal Communications
Commission (FCC).
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
5 U.S.C. 35, 43, 61, 63, 71, 73, 75, and
77.
PURPOSE(S):
These records contain information on
Commission employees for purposes
such as litigation, law enforcement,
congressional inquiries, labor
organization inquiries, and governmentwide program oversight.
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
Current and former Federal
Communications Commission (FCC)
employees.
CATEGORIES OF RECORDS IN THE SYSTEM:
This system contains a variety of
records relating to formal and informal
actions based on conduct or
performance and also includes files
dealing with grievances filed under the
negotiated or administrative grievance
procedures, requests for
reconsideration, arbitrations, appeals,
and miscellaneous inquiries and
complaints. These records may include:
1. Case number, employee name,
Social Security Number, grade, job title,
and employment history; and
2. Copies of notices of proposed
actions; materials relied on by the
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Federal Register / Vol. 86, No. 47 / Friday, March 12, 2021 / Notices
agency to support the proposed action;
statements of witnesses; employee
grievances, responses, or appeals;
transcripts; and agency decisions.
RECORD SOURCE CATEGORIES:
This system of records includes
information provided by an individual
on whom the record is maintained;
testimony of witnesses, supervisors and
managers, and union officials; and
decisions by arbitrators and other thirdparties, e.g., Department of Labor, Equal
Employment Opportunity Commission,
Federal Labor Relations Authority, and
Merit System Protection Board.
ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES OF USERS AND
THE PURPOSES OF SUCH USE:
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 U.S.
Treasury to disburse payment
determination information to pay a
claimant once the compensation
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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
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 human resources management
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 or proceeding
to the extent necessary to obtain
information pertinent to the
investigation or proceeding.
REPORTING TO A CONSUMER REPORTING
AGENCIES:
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
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Fmt 4703
Sfmt 4703
14111
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. The electronic records,
files, and data are stored in the FCC’s
computer network.
POLICIES AND PRACTICES FOR RETRIEVAL OF
RECORDS:
These records are retrieved
preliminarily by case number or
employee name. Where applicable, an
examination of case logs will disclose
the name of an employee associated
with a case number.
POLICIES AND PRACTIES FOR RETENTION AND
DISPOSAL OF RECORDS:
Records in this system are subject to
General Records Schedule 2.3 (DAA–
GRS–2018–0002). Disposal is by
shredding or burning for paper files and
deletion for electronic files.
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 employees and
contractors; 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 are kept in file cabinets in
non-public rooms in the OMD office
suite. 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 supervisors and staff
have access to these paper records.
RECORD ACCESS PROCEDURES:
Individuals wishing to request access
to and/or amendment of records about
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14112
Federal Register / Vol. 86, No. 47 / Friday, March 12, 2021 / Notices
Individuals wishing to request access
to and/or amendment of records about
themselves should follow the
Notification Procedure below.
Proposed Final Audit Report on the
National Tooling & Machining
Association (NTMA) Committee for a
Strong Economy (A19–10)
Proposed Final Audit Report on Van
Drew for Congress (A19–04)
Management and Administrative
Matters
NOTIFICATION PROCEDURE:
CONTACT PERSON FOR MORE INFORMATION:
Individuals wishing to determine
whether this system of records contains
information about themselves may do so
by writing 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.
Judith Ingram, Press Officer, Telephone:
(202) 694–1220.
themselves should follow the
Notification Procedure below.
CONTESTING RECORD PROCEDURES:
EXEMPTIONS CLAIMED FOR THE SYSTEM:
Authority: Government in the Sunshine
Act, 5 U.S.C. 552b.
Submitted: March 4, 2021.
Laura E. Sinram,
Acting Secretary and Clerk of the
Commission.
[FR Doc. 2021–04906 Filed 3–5–21; 11:15 am]
BILLING CODE 6715–01–P
None.
HISTORY:
The FCC previously gave full notice of
FCC/OMD–2, Labor Relations and
Employee Performance Files, by
publication in the Federal Register on
April 5, 2006 (71 FR 17248).
FEDERAL RESERVE SYSTEM
Change in Bank Control Notices;
Acquisitions of Shares of a Bank or
Bank Holding Company
The notificants listed below have
applied under the Change in Bank
Control Act (Act) (12 U.S.C. 1817(j)) and
§ 225.41 of the Board’s Regulation Y (12
[FR Doc. 2021–05102 Filed 3–11–21; 8:45 am]
CFR 225.41) to acquire shares of a bank
or bank holding company. The factors
BILLING CODE 6712–01–P
that are considered in acting on the
applications are set forth in paragraph 7
of the Act (12 U.S.C. 1817(j)(7)).
FEDERAL ELECTION COMMISSION
The public portions of the
applications listed below, as well as
Sunshine Act Meeting
other related filings required by the
TIME AND DATE: Thursday, March 11,
Board, if any, are available for
2021 at 10:00 a.m.
immediate inspection at the Federal
PLACE: Virtual meeting. Note: Because of Reserve Bank(s) indicated below and at
the COVID–19 pandemic, we will
the offices of the Board of Governors.
conduct the open meeting virtually. If
This information may also be obtained
you would like to access the meeting,
on an expedited basis, upon request, by
see the instructions below.
contacting the appropriate Federal
STATUS: This meeting will be open to the Reserve Bank and from the Board’s
public. To access the virtual meeting, go Freedom of Information Office at
https://www.federalreserve.gov/foia/
to the commission’s website
request.htm. Interested persons may
www.fec.gov and click on the banner to
express their views in writing on the
be taken to the meeting page.
standards enumerated in paragraph 7 of
MATTERS TO BE CONSIDERED:
the Act.
Draft Interpretive Rule: Possible Use of
Comments regarding each of these
Campaign Funds for Residential and
applications must be received at the
Personal Security
Reserve Bank indicated or the offices of
Draft Advisory Opinion 2021–03:
the Board of Governors, Ann E.
National Republican Senatorial
Misback, Secretary of the Board, 20th
Committee (NRSC) and National
Republican Congressional Committee Street and Constitution Avenue NW,
Washington DC 20551–0001, not later
(NRCC)
than March 26, 2021.
Draft Advisory Opinion 2021–01:
A. Federal Reserve Bank of
Aluminate, Inc.
Minneapolis (Chris P. Wangen,
Audit Division Recommendation
Assistant Vice President), 90 Hennepin
Memorandum on Dr. Raul Ruiz for
Avenue, Minneapolis, Minnesota
Congress (A19–03)
Audit Division Recommendation
55480–0291:
1. This corrects the previous
Memorandum on the Grassroots
notification relating to Jerome M. Bauer
Victory PAC (A19–14)
Federal Communications Commission.
Marlene Dortch,
Secretary.
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17:04 Mar 11, 2021
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and Susanne M. Bauer, both of Durand,
Wisconsin; to acquire voting shares of
Security Financial Services Corporation,
and thereby indirectly acquire voting
shares of Security Financial Bank, both
of Durand, Wisconsin, and Jackson
County Bank, Black River Falls,
Wisconsin.
In addition, Jerome M. Bauer,
Susanne M. Bauer, Tad M. Bauer, Jodi
N. Bauer, Timothy A. Hoffman, Julie M.
Hoffman, Janice M. Spindler, and
Steven R. Spindler, all of Durand,
Wisconsin; the Chad W. and Amanda S.
Smith Revocable Grantor Trust,
Amanda S. Smith, both of Eau Galle,
Wisconsin, individually, and together
with Chad W. Smith, as co-trustees,
Durand, Wisconsin; the James M. and
Linda M. Bauer Revocable Grantor
Trust, James M. Bauer and Linda M.
Bauer, as co-trustees, the John J. and
Mary Jane Brantner Revocable Grantor
Trust, John J. Brantner and Mary Jane
Brantner, as co-trustees, and the Larry J.
and Marcia J. Weber Revocable Grantor
Trust, Larry J. Weber, as trustee, all of
Durand, Wisconsin; as a group acting in
concert, to retain voting shares of
Security Financial Services Corporation,
and thereby indirectly retain voting
shares of Security Financial Bank and
Jackson County Bank.
Board of Governors of the Federal Reserve
System, March 9, 2021.
Michele Taylor Fennell,
Deputy Associate Secretary of the Board.
[FR Doc. 2021–05197 Filed 3–11–21; 8:45 am]
BILLING CODE P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Centers for Disease Control and
Prevention
[60Day–21–21AT; Docket No. CDC–2021–
0027]
Proposed Data Collection Submitted
for Public Comment and
Recommendations
Centers for Disease Control and
Prevention (CDC), Department of Health
and Human Services (HHS).
ACTION: Notice with comment period.
AGENCY:
The Centers for Disease
Control and Prevention (CDC), as part of
its continuing effort to reduce public
burden and maximize the utility of
government information, invites the
general public and other Federal
agencies the opportunity to comment on
a proposed and/or continuing
information collection, as required by
the Paperwork Reduction Act of 1995.
SUMMARY:
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]]>Agencies
[Federal Register Volume 86, Number 47 (Friday, March 12, 2021)]
[Notices]
[Pages 14110-14112]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-05102]
[[Page 14110]]
=======================================================================
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FEDERAL COMMUNICATIONS COMMISSION
[FR ID: 17545]
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, Commission, or
Agency) has modified an existing system of records, FCC/OMD-2, Labor
Relations and Employee Performance Files, subject to the Privacy Act of
1974, as amended. This action is necessary to meet the requirements of
the Privacy Act to publish in the Federal Register notice of the
existence and character of records maintained by the Agency. The
records in this system contain information on Commission employees that
the Human Resources Management (HRM) in the Office of Managing Director
(OMD) uses for purposes such as litigation, law enforcement,
congressional inquiries, labor organization inquiries, and government-
wide program oversight.
DATES: This system of records will become effective on March 12, 2021.
Written comments on the routine uses are due by April 12, 2021. The
routine uses will become effective on April 12, 2021, unless written
comments are received that require a contrary determination.
ADDRESSES: Send comments to Margaret Drake, at [email protected], or at
Federal Communications Commission (FCC), 45 L Street NE, Washington, DC
20554 at (202) 418-1707.
FOR FURTHER INFORMATION CONTACT: Margaret Drake, (202) 418-1707, 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/OMB-2 contains information on Commission
employees that the Human Resources Management (HRM) in the Office of
Managing Director (OMD) uses for purposes such as litigation, law
enforcement, congressional inquiries, labor organization inquiries, and
government-wide program oversight. This notice serves to modify FCC/
OMB-2 to reflect various necessary changes and updates, including
format changes required by OMB Circular A-108 since its previous
publication and the addition of two routine uses to address data
breaches, as required by OMB Memorandum M-17-12. The substantive
changes and modification to the previously published version of FCC/
OMB-2 system of records include:
1. Updating the Security Classification to follow OMB and FCC
guidance.
2. Updating the System Location to show the FCC's new headquarters
address.
3. Modifying the Categories of Records to add employee grievances
to the list that currently includes only employee responses or appeals.
4. Adding the Equal Employment Opportunity Commission (EEOC) to the
record sources for this system when an underlying action (e.g.,
suspension) is challenged before the EEOC, the EEO-related records may
also be subject to the governmentwide EEOC SORN.
5. Revising language in four Routine Uses: (1) Adjudication and
Litigation, (2) Law Enforcement and Investigation, (3) Congressional
Inquiries, and (4) Government-wide Program Management and Oversight.
6. Deleting three existing Routine Uses: (5) Employment,
Clearances, Licensing, Contract, Grant, or other Benefits Decisions by
the agency, (6) Employment, Clearances, Licensing, Contract, Grant, or
other Benefits Decisions by other than the agency, and (7) Labor
Relations.
7. Adding four new Routine Uses: (5) Breach Notification, to allow
the FCC address information breaches at the Commission; (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 information
in this system; and (8) Non-FCC Individuals and Organizations, to
disclose information to individuals, including former FCC employees,
and organizations, to obtain information pertinent to an investigation
or proceeding. New Routine Uses (5) and (6) are required by OMB
Memorandum M-17-12.
8. Replacing the Disclosures to Consumer Reporting section with a
new Reporting to a Consumer Reporting Agency section to address valid
and overdue debts owed by individuals to the FCC under the Debt
Collection Act, as recommended by OMB.
9. Modifying the Policies and Practices for Retrieval of Records to
add the employee name as a retrieval metric and, when applicable,
examining case logs will disclose an employee's name associated with a
case number.
10. Updating the Records Retention and Disposal section with a new
National Archives and Records (NARA) General Records Schedule (GRS) 2.3
(DAA-GRS-2018-0002).
10. Adding a History section referencing the previous publication
of this SORN in the Federal Register, as required by OMB Circular A-
108.
The system of records is also updated to reflect various
administrative changes related to the policy and practices for storage
of the information; administrative, technical, and physical safeguards;
and updated notification, records access, and procedures to contest
records.
SYSTEM NAME AND NUMBER:
FCC/OMD-2, Labor Relations and Employee Performance Files
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
Human Resources Management (HRM), Office of Managing Director
(OMD), Federal Communications Commission (FCC), 45 L Street NE,
Washington, DC, 20554.
SYSTEM MANAGER(S):
Human Resources Management (HRM), Office of Managing Director
(OMD), Federal Communications Commission (FCC).
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
5 U.S.C. 35, 43, 61, 63, 71, 73, 75, and 77.
PURPOSE(S):
These records contain information on Commission employees for
purposes such as litigation, law enforcement, congressional inquiries,
labor organization inquiries, and government-wide program oversight.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Current and former Federal Communications Commission (FCC)
employees.
CATEGORIES OF RECORDS IN THE SYSTEM:
This system contains a variety of records relating to formal and
informal actions based on conduct or performance and also includes
files dealing with grievances filed under the negotiated or
administrative grievance procedures, requests for reconsideration,
arbitrations, appeals, and miscellaneous inquiries and complaints.
These records may include:
1. Case number, employee name, Social Security Number, grade, job
title, and employment history; and
2. Copies of notices of proposed actions; materials relied on by
the
[[Page 14111]]
agency to support the proposed action; statements of witnesses;
employee grievances, responses, or appeals; transcripts; and agency
decisions.
RECORD SOURCE CATEGORIES:
This system of records includes information provided by an
individual on whom the record is maintained; testimony of witnesses,
supervisors and managers, and union officials; and decisions by
arbitrators and other third-parties, e.g., Department of Labor, Equal
Employment Opportunity Commission, Federal Labor Relations Authority,
and Merit System Protection Board.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSES OF SUCH USE:
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 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 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 human resources management 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 or proceeding to the extent necessary to
obtain information pertinent to the investigation or proceeding.
REPORTING TO A CONSUMER REPORTING AGENCIES:
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. The electronic records, files, and
data are stored in the FCC's computer network.
POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
These records are retrieved preliminarily by case number or
employee name. Where applicable, an examination of case logs will
disclose the name of an employee associated with a case number.
POLICIES AND PRACTIES FOR RETENTION AND DISPOSAL OF RECORDS:
Records in this system are subject to General Records Schedule 2.3
(DAA-GRS-2018-0002). Disposal is by shredding or burning for paper
files and deletion for electronic files.
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 employees and contractors; 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 are kept in file cabinets in non-public rooms in the OMD
office suite. 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 supervisors and staff have access to these paper
records.
RECORD ACCESS PROCEDURES:
Individuals wishing to request access to and/or amendment of
records about
[[Page 14112]]
themselves should follow the Notification Procedure below.
CONTESTING RECORD PROCEDURES:
Individuals wishing to request access to and/or amendment of
records about themselves should follow the Notification Procedure
below.
NOTIFICATION PROCEDURE:
Individuals wishing to determine whether this system of records
contains information about themselves may do so by writing
[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 CLAIMED FOR THE SYSTEM:
None.
HISTORY:
The FCC previously gave full notice of FCC/OMD-2, Labor Relations
and Employee Performance Files, by publication in the Federal Register
on April 5, 2006 (71 FR 17248).
Federal Communications Commission.
Marlene Dortch,
Secretary.
[FR Doc. 2021-05102 Filed 3-11-21; 8:45 am]
BILLING CODE 6712-01-P
