Privacy Act of 1974; System of Records, 5843-5845 [2022-02107]
Download as PDF
Federal Register / Vol. 87, No. 22 / Wednesday, February 2, 2022 / Notices
schedules for NARA’s approval. Once
approved by NARA, records schedules
provide mandatory instructions on what
happens to records when no longer
needed for current Government
business. The records schedules
authorize agencies to preserve records of
continuing value in the National
Archives or to destroy, after a specified
period, records lacking continuing
administrative, legal, research, or other
value. Some schedules are
comprehensive and cover all the records
of an agency or one of its major
subdivisions. Most schedules, however,
cover records of only one office or
program or a few series of records. Many
of these update previously approved
schedules, and some include records
proposed as permanent.
Agencies may not destroy Federal
records without the approval of the
Archivist of the United States. The
Archivist grants this approval only after
thorough consideration of the records’
administrative use by the agency of
origin, the rights of the Government and
of private people directly affected by the
Government’s activities, and whether or
not the records have historical or other
value. Public review and comment on
these records schedules is part of the
Archivist’s consideration process.
Schedules Pending:
1. Department of Defense, Defense
Threat Reduction Agency,
Counterintelligence Activities (DAA–
0374–2019–0002).
2. Department of Transportation,
Federal Aviation Administration, The
Aviation Safety Voluntary Safety
Reporting Program (DAA–0237–2020–
0028).
3. Department of Treasury, Bureau of
Engraving and Printing, Banknote
Development Process Records (DAA–
0318–2020–0001).
4. Court Services and Offender
Supervision Agency, Pretrial Services
Agency for the District of Columbia,
Projects and Reports (DAA–0562–2021–
0028).
Laurence Brewer,
Chief Records Officer for the U.S.
Government.
[FR Doc. 2022–02089 Filed 2–1–22; 8:45 am]
jspears on DSK121TN23PROD with NOTICES1
BILLING CODE 7515–01–P
NATIONAL LABOR RELATIONS
BOARD
Privacy Act of 1974; System of
Records
AGENCY:
National Labor Relations
Board.
ACTION:
Notice; new system of records.
VerDate Sep<11>2014
21:31 Feb 01, 2022
Jkt 256001
In accordance with the
Privacy Act of 1974, the National Labor
Relations Board (‘‘NLRB’’ or ‘‘Agency’’)
proposes to issue a National Labor
Relations Board system of records notice
titled, ‘‘Backpay Management System’’
(NLRB–36). The Agency is authorized
by the National Labor Relations Act to
remedy unfair labor practices by issuing
a backpay remedy to an individual,
called a ‘‘discriminatee,’’ for a monetary
loss that results from an unfair labor
practice. A charged party that owes
backpay is generally referred to as a
‘‘respondent.’’ The Agency uses the
Backpay Management System (BMS) to
record received funds from respondents,
to effectuate disbursements of backpay
and certain related tax forms to
discriminatees, and to facilitate
providing certain tax forms, tax reports,
and tax payments to the Internal
Revenue Service (IRS) and the Social
Security Administration. This system
notice will be included in the Agency
inventory of record systems. 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 on the
system’s routine uses must be submitted
on or before March 4, 2022. This system
will be effective upon publication. The
routine uses in this action will become
effective on March 4, 2022 unless
written comments are received that
require a contrary determination.
ADDRESSES: All persons who desire to
submit written comments for
consideration by the Agency in
connection with this proposed notice of
the 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.
FOR FURTHER INFORMATION CONTACT: For
general questions and privacy issues
please contact: NLRB’s Privacy Officer,
Office of the Chief Information Officer,
National Labor Relations Board, 1015
Half Street SE, Third Floor, Washington,
DC 20570–0001, (202) 273–3733, or
privacy@nlrb.gov.
SUPPLEMENTARY INFORMATION: In
accordance with 5 U.S.C. 552a(r), the
NLRB has provided a report of this
system of records to Congress and to the
Office of Management and Budget.
SUMMARY:
PO 00000
Frm 00065
Fmt 4703
Sfmt 4703
5843
SYSTEM NAME AND NUMBER:
NLRB–36, Backpay Management
System.
SECURITY CLASSIFICATION:
None of the records in this system are
classified.
SYSTEM LOCATION:
Records are maintained at the
National Labor Relations Board
Headquarters in Washington, DC and in
NLRB field locations, which are
available at https://www.nlrb.gov, and in
electronic databases.
SYSTEM MANAGER(S):
Associate Chief Financial Officer,
Finance, Office of the Chief Financial
Officer, National Labor Relations Board,
1015 Half Street SE, Washington, DC
20570.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
44 U.S.C. 3101; 5 U.S.C. 552a(e)(10);
29 U.S.C. 160(c); 29 CFR 101.16; E.O.
9397 (8 FR 16094, Nov. 30, 1943), as
amended by E.O. 13478 (73 FR 70239,
Nov. 20, 2008), relating to federal use of
Social Security Numbers.
PURPOSE(S) OF THE SYSTEM:
The purpose of the Backpay
Management System (BMS) is to enable
the Agency to record funds received
from respondents and to effectuate
disbursements of backpay and issuance
of certain tax forms to discriminatees.
The Agency uses the BMS to create
disbursement files that are transmitted
to the Department of the Treasury for
the issuance of payment to
discriminatees. The system also
facilitates the efforts and responsibility
of the Agency to send certain tax forms,
tax reports, and tax payments to the
Internal Revenue Service (IRS) and the
Social Security Administration. The
system also generates reports that are
used to support and verify the activities
being processed.
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
The system covers individuals who
are ‘‘discriminatees,’’ to whom the
Agency is issuing a backpay remedy for
a monetary loss as part of an unfair
labor practice case under the National
Labor Relations Act. The system also
covers sole proprietor respondents.
CATEGORIES OF RECORDS IN THE SYSTEM:
Records in the system may include
the following types of information about
individuals:
D For each discriminatee: Name;
Social Security number; mailing
address; home phone number; cell
phone number; email address; work
E:\FR\FM\02FEN1.SGM
02FEN1
5844
Federal Register / Vol. 87, No. 22 / Wednesday, February 2, 2022 / Notices
phone number; work email address;
Taxpayer Identification Number (TIN);
date of death if applicable; bank name,
address, and routing information;
payment amount (including wages,
interest and dues); related tax
information; information about the
discriminatee’s employer; and heir
relationship (which may include name
and contact information about the
discriminatee’s potential heirs for
purposes of disbursing backpay funds to
them as appropriate in the event of a
discriminatee’s death).
D For sole proprietor respondents:
Business name; Employer Identification
Number (EIN); business address;
business phone; business fax; and name
of business’s main person to contact for
communications.
RECORD SOURCE CATEGORIES:
The record source categories may
include: The Agency’s electronic case
management system (NxGen);
information submitted by
discriminatees; information submitted
by discriminatees’ employers;
information submitted by unions and
law firms representing discriminatees;
disbursement requests uploaded by
Agency regional compliance officers;
and payment processing data from the
Treasury Department, which is
manually entered into the BMS by the
Agency’s Office of the Chief Financial
Officer as a result of a payment returned
to the Agency primarily due to incorrect
banking information, invalid address, or
uncashed check after one year.
jspears on DSK121TN23PROD with NOTICES1
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), all or a portion of the records
or information contained in this system
may be disclosed outside the NLRB as
a routine use pursuant to 5 U.S.C.
552a(b)(3) as follows:
1. To the Department of the Treasury
for issuance of payment to
discriminatees.
2. To the IRS and the Social Security
Administration for tax reporting
purposes as part of the NLRB’s
processing of backpay payments to
discriminatees.
3. To the Department of Justice for use
in litigation when either (a) the Agency
or any component thereof, (b) any
employee of the Agency in his or her
official capacity, or (c) the United States
Government is a party to litigation or
has an interest in such litigation, and
the Agency determines that the records
are both relevant and necessary to the
litigation.
VerDate Sep<11>2014
21:31 Feb 01, 2022
Jkt 256001
4. To a court or other adjudicative
body before which the Agency is
authorized to appear, when either (a)
the Agency or any component thereof,
(b) any employee of the Agency in his
or her official capacity, or (c) the United
States Government is a party to
litigation or has an interest in such
litigation, and the Agency determines
that the records are both relevant and
necessary to the litigation.
5. To a Member of Congress or to a
Congressional staff member in response
to an inquiry of the Congressional office
made at the written request of the
constituent about whom the record is
maintained. However, the investigative
file, or parts thereof, will only be
released to a Congressional office if the
Agency receives a signed statement
under 28 U.S.C. 1746 from the subject
of the investigation.
6. To the National Archives and
Records Administration (NARA)
pursuant to records management
inspections being conducted under the
authority of 44 U.S.C. 2904 and 2906.
7. To the National Archives and
Records Administration, Office of
Government Information Services
(OGIS), to the extent necessary to fulfill
its responsibilities in 5 U.S.C. 552(h), to
review administrative agency policies,
procedures, and compliance with the
Freedom of Information Act (FOIA), and
to facilitate OGIS’s offering of mediation
services to resolve disputes between
persons making FOIA requests and
administrative agencies.
8. To appropriate agencies, entities,
and persons when:
a. The National Labor Relations Board
determines that the use of information
from this system of records is
reasonably necessary and otherwise
compatible with the purpose of
collection to assist another federal
recipient agency or entity in (a)
responding to a suspected or confirmed
breach of private information, 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; or
b. The National Labor Relations Board
suspects or has confirmed there has
been a breach of this system of records;
and (a) the NLRB has determined that as
a result of the suspected or confirmed
breach, there is a risk of harm to
individuals, the NLRB (including its
information systems, programs, and
operations), the Federal Government, or
national security; and (b) the disclosure
made to such agencies, entities, and
persons is reasonably necessary to assist
PO 00000
Frm 00066
Fmt 4703
Sfmt 4703
in connection with the NLRB’s efforts to
respond to the suspected or confirmed
breach or to prevent, minimize, or
remedy such harm.
9. To contractors and their agents,
grantees, experts, consultants, and
others performing or working on a
contract, service, grant, cooperative
agreement, or other assignment for
NLRB, when necessary to accomplish an
agency function related to this system of
records. Individuals provided
information under this routine use are
subject to the same Privacy Act
requirements and limitations on
disclosure as are applicable to the NLRB
employees.
10. To an appropriate federal, state,
tribal, or local law enforcement agency
or other appropriate authority charged
with investigating or prosecuting a
violation or enforcing or implementing
a law, rule, regulation, or order, when
a record, either on its face or in
conjunction with other information,
indicates a violation or potential
violation of law, which includes
criminal, civil, or regulatory violations,
and such disclosure is proper and
consistent with the official duties of the
person making the disclosure.
11. To a court, magistrate, or
administrative tribunal in the course of
presenting evidence, including
disclosures to opposing counsel or
witnesses in the course of civil
discovery, litigation, or settlement
negotiations or in connection with
criminal law proceedings or pursuant to
the order of a court of competent
jurisdiction.
12. To third parties during the course
of a law enforcement investigation to
the extent necessary to obtain
information pertinent to the
investigation, provided disclosure is
appropriate to the proper performance
of the official duties of the officer
making the disclosure.
13. To the news media and the public,
with the approval of the Senior Agency
Official for Privacy in consultation with
counsel, when there exists a legitimate
public interest in the disclosure of the
information, when disclosure is
necessary to preserve confidence in the
integrity of the NLRB, or when
disclosure is necessary to demonstrate
the accountability of the NLRB’s
employees or individuals covered by the
system, except to the extent the Senior
Agency Official for Privacy determines
that release of the specific information
in the context of a particular case would
constitute a clearly unwarranted
invasion of personal privacy.
E:\FR\FM\02FEN1.SGM
02FEN1
Federal Register / Vol. 87, No. 22 / Wednesday, February 2, 2022 / Notices
POLICIES AND PRACTICES FOR STORAGE OF
RECORDS:
Records are maintained in electronic
databases.
POLICIES AND PRACTICES FOR RETRIEVAL OF
RECORDS:
Records may be retrieved by
individual name or other personal
identifier listed in ‘‘Categories of
Records,’’ when applicable.
identity. Requesters should also
reasonably identify the record, specify
the information they are contesting,
state the corrective action sought and
the reasons for the correction along with
supporting justification showing why
the record is not accurate, timely,
relevant, or complete.
NOTIFICATION PROCEDURES:
POLICIES AND PRACTICES FOR RETENTION AND
DISPOSAL OF RECORDS:
Records will be retained and disposed
of in accordance with the NLRB’s
Request for Records Disposition
Authority, Records Schedule Number
DAA–0025–2017–0001, under the Back
Pay Administration disposition
(Disposition Authority Number DM–
0025–2017–0001–0006), approved by
NARA on April 9, 2018.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL
SAFEGUARDS:
Access to this application is
controlled by administrators who
determine users’ authorized access
based on each user’s office and position
within the office.
RECORD ACCESS PROCEDURES:
An individual seeking to gain access
to records in this system pertaining to
him or her should contact the System
Manager at the address above, in
accordance with the procedures set
forth in 29 CFR 102.119(b) and (c).
An individual requesting access in
person must provide identity
documents sufficient to satisfy the
custodian of the records that the
requester is entitled to such access, such
as a government-issued photo ID.
Individuals requesting access via mail
must furnish, at minimum, name, date
of birth, and home address in order to
establish identity. Requesters should
also reasonably specify the record
contents being sought.
An individual may inquire as to
whether this system contains a record
pertaining to such individual by
sending a request in writing, signed, to
the System Manager at the address
above, in accordance with the
procedures set forth in 29 CFR
102.119(a).
An individual requesting notification
of records in person must provide
identity documents sufficient to satisfy
the custodian of the records that the
requester is entitled to such notification,
such as a government-issued photo ID.
Individuals requesting notification via
mail must furnish, at minimum, name,
date of birth, and home address in order
to establish identity.
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
None.
HISTORY:
None.
Dated: January 28, 2022.
Roxanne L. Rothschild,
Executive Secretary, National Labor Relations
Board.
[FR Doc. 2022–02107 Filed 2–1–22; 8:45 am]
BILLING CODE 7545–01–P
NATIONAL SCIENCE FOUNDATION
Notice of Intent To Seek Approval To
Establish an Information Collection
System
National Science Foundation.
Notice and request for
comments.
AGENCY:
ACTION:
jspears on DSK121TN23PROD with NOTICES1
CONTESTING RECORD PROCEDURES:
An individual may request
amendment of a record pertaining to
such individual maintained in this
system by directing a request to the
System Manager at the address above, in
accordance with the procedures set
forth in 29 CFR 102.119(d).
An individual seeking to contest
records in person must provide identity
documents sufficient to satisfy the
custodian of the records that the
requester is entitled to contest such
records, such as a government-issued
photo ID. Individuals seeking to contest
records via mail must furnish, at
minimum, name, date of birth, and
home address in order to establish
VerDate Sep<11>2014
21:31 Feb 01, 2022
Jkt 256001
Under the Paperwork
Reduction Act of 1995, and as part of its
continuing effort to reduce paperwork
and respondent burden, the National
Science Foundation (NSF) is inviting
the general public or other Federal
agencies to comment on this proposed
continuing information collection.
DATES: Written comments on this notice
must be received by April 4, 2022, to be
assured consideration. Comments
received after that date will be
considered to the extent practicable.
Send comments to address below.
FOR FURTHER INFORMATION CONTACT:
Suzanne H. Plimpton, Reports Clearance
Officer, National Science Foundation,
SUMMARY:
PO 00000
Frm 00067
Fmt 4703
Sfmt 4703
5845
2415 Eisenhower Avenue, Suite
W18200, Alexandria, Virginia 22314;
telephone (703) 292–7556; or send email
to splimpto@nsf.gov. Individuals who
use a telecommunications device for the
deaf (TDD) may call the Federal
Information Relay Service (FIRS) at 1–
800–877–8339, which is accessible 24
hours a day, 7 days a week, 365 days a
year (including federal holidays).
Comments: Comments are invited on:
(a) Whether the proposed collection of
information is necessary for the proper
performance of the functions of the
Foundation, including whether the
information will have practical utility;
(b) the accuracy of the Foundation’s
estimate of the burden of the proposed
collection of information; (c) ways to
enhance the quality, utility, and clarity
of the information to be collected; and
(d) ways to minimize the burden of the
collection of information on those who
are to respond, including through the
use of automated collection techniques
or other forms of information
technology.
SUPPLEMENTARY INFORMATION:
Title of Collection: Program Monitoring
Data Collections for the National
Science Foundation (NSF) Innovation
Corps (I-Corps) Program.
OMB Number: 3145–NEW.
Expiration Date of Approval: Not
applicable.
Type of Request: Intent to seek
approval to establish an information
collection for post-award output and
outcome monitoring system.
Abstract: The National Science
Foundation (NSF) Innovation Corps (ICorps) Program was started in 2011 to
develop and nurture a national
innovation ecosystem built upon
fundamental research that guides the
output of scientific and engineering
discoveries closer to the development of
technologies, products, and services that
benefit society.
The goal of the I-Corps Program is to
use experiential education to help
entrepreneurial researchers reduce the
time necessary to translate promising
ideas from the laboratory bench to
widespread implementation. In addition
to accelerating technology translation,
the NSF I-Corps program also seeks to
reduce the risk associated with
technology development conducted
without insight into industry
requirements and challenges.
The NSF I-Corps Program is designed
to support the commercialization of
‘‘deep technologies,’’ those revolving
around fundamental discoveries in
science and engineering. The program
addresses the skill and knowledge gaps
associated with the transformation of
E:\FR\FM\02FEN1.SGM
02FEN1
Agencies
[Federal Register Volume 87, Number 22 (Wednesday, February 2, 2022)]
[Notices]
[Pages 5843-5845]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-02107]
=======================================================================
-----------------------------------------------------------------------
NATIONAL LABOR RELATIONS BOARD
Privacy Act of 1974; System of Records
AGENCY: National Labor Relations Board.
ACTION: Notice; new system of records.
-----------------------------------------------------------------------
SUMMARY: In accordance with the Privacy Act of 1974, the National Labor
Relations Board (``NLRB'' or ``Agency'') proposes to issue a National
Labor Relations Board system of records notice titled, ``Backpay
Management System'' (NLRB-36). The Agency is authorized by the National
Labor Relations Act to remedy unfair labor practices by issuing a
backpay remedy to an individual, called a ``discriminatee,'' for a
monetary loss that results from an unfair labor practice. A charged
party that owes backpay is generally referred to as a ``respondent.''
The Agency uses the Backpay Management System (BMS) to record received
funds from respondents, to effectuate disbursements of backpay and
certain related tax forms to discriminatees, and to facilitate
providing certain tax forms, tax reports, and tax payments to the
Internal Revenue Service (IRS) and the Social Security Administration.
This system notice will be included in the Agency inventory of record
systems. 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 on the system's routine uses must be submitted
on or before March 4, 2022. This system will be effective upon
publication. The routine uses in this action will become effective on
March 4, 2022 unless written comments are received that require a
contrary determination.
ADDRESSES: All persons who desire to submit written comments for
consideration by the Agency in connection with this proposed notice of
the 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.
FOR FURTHER INFORMATION CONTACT: For general questions and privacy
issues please contact: NLRB's Privacy Officer, Office of the Chief
Information Officer, National Labor Relations Board, 1015 Half Street
SE, Third Floor, Washington, DC 20570-0001, (202) 273-3733, or
[email protected].
SUPPLEMENTARY INFORMATION: In accordance with 5 U.S.C. 552a(r), the
NLRB has provided a report of this system of records to Congress and to
the Office of Management and Budget.
SYSTEM NAME AND NUMBER:
NLRB-36, Backpay Management System.
SECURITY CLASSIFICATION:
None of the records in this system are classified.
SYSTEM LOCATION:
Records are maintained at the National Labor Relations Board
Headquarters in Washington, DC and in NLRB field locations, which are
available at https://www.nlrb.gov, and in electronic databases.
SYSTEM MANAGER(S):
Associate Chief Financial Officer, Finance, Office of the Chief
Financial Officer, National Labor Relations Board, 1015 Half Street SE,
Washington, DC 20570.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
44 U.S.C. 3101; 5 U.S.C. 552a(e)(10); 29 U.S.C. 160(c); 29 CFR
101.16; E.O. 9397 (8 FR 16094, Nov. 30, 1943), as amended by E.O. 13478
(73 FR 70239, Nov. 20, 2008), relating to federal use of Social
Security Numbers.
PURPOSE(S) OF THE SYSTEM:
The purpose of the Backpay Management System (BMS) is to enable the
Agency to record funds received from respondents and to effectuate
disbursements of backpay and issuance of certain tax forms to
discriminatees. The Agency uses the BMS to create disbursement files
that are transmitted to the Department of the Treasury for the issuance
of payment to discriminatees. The system also facilitates the efforts
and responsibility of the Agency to send certain tax forms, tax
reports, and tax payments to the Internal Revenue Service (IRS) and the
Social Security Administration. The system also generates reports that
are used to support and verify the activities being processed.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
The system covers individuals who are ``discriminatees,'' to whom
the Agency is issuing a backpay remedy for a monetary loss as part of
an unfair labor practice case under the National Labor Relations Act.
The system also covers sole proprietor respondents.
CATEGORIES OF RECORDS IN THE SYSTEM:
Records in the system may include the following types of
information about individuals:
[ssquf] For each discriminatee: Name; Social Security number;
mailing address; home phone number; cell phone number; email address;
work
[[Page 5844]]
phone number; work email address; Taxpayer Identification Number (TIN);
date of death if applicable; bank name, address, and routing
information; payment amount (including wages, interest and dues);
related tax information; information about the discriminatee's
employer; and heir relationship (which may include name and contact
information about the discriminatee's potential heirs for purposes of
disbursing backpay funds to them as appropriate in the event of a
discriminatee's death).
[ssquf] For sole proprietor respondents: Business name; Employer
Identification Number (EIN); business address; business phone; business
fax; and name of business's main person to contact for communications.
RECORD SOURCE CATEGORIES:
The record source categories may include: The Agency's electronic
case management system (NxGen); information submitted by
discriminatees; information submitted by discriminatees' employers;
information submitted by unions and law firms representing
discriminatees; disbursement requests uploaded by Agency regional
compliance officers; and payment processing data from the Treasury
Department, which is manually entered into the BMS by the Agency's
Office of the Chief Financial Officer as a result of a payment returned
to the Agency primarily due to incorrect banking information, invalid
address, or uncashed check after one year.
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), all or a portion of the records or information contained in
this system may be disclosed outside the NLRB as a routine use pursuant
to 5 U.S.C. 552a(b)(3) as follows:
1. To the Department of the Treasury for issuance of payment to
discriminatees.
2. To the IRS and the Social Security Administration for tax
reporting purposes as part of the NLRB's processing of backpay payments
to discriminatees.
3. To the Department of Justice for use in litigation when either
(a) the Agency or any component thereof, (b) any employee of the Agency
in his or her official capacity, or (c) the United States Government is
a party to litigation or has an interest in such litigation, and the
Agency determines that the records are both relevant and necessary to
the litigation.
4. To a court or other adjudicative body before which the Agency is
authorized to appear, when either (a) the Agency or any component
thereof, (b) any employee of the Agency in his or her official
capacity, or (c) the United States Government is a party to litigation
or has an interest in such litigation, and the Agency determines that
the records are both relevant and necessary to the litigation.
5. To a Member of Congress or to a Congressional staff member in
response to an inquiry of the Congressional office made at the written
request of the constituent about whom the record is maintained.
However, the investigative file, or parts thereof, will only be
released to a Congressional office if the Agency receives a signed
statement under 28 U.S.C. 1746 from the subject of the investigation.
6. To the National Archives and Records Administration (NARA)
pursuant to records management inspections being conducted under the
authority of 44 U.S.C. 2904 and 2906.
7. To the National Archives and Records Administration, Office of
Government Information Services (OGIS), to the extent necessary to
fulfill its responsibilities in 5 U.S.C. 552(h), to review
administrative agency policies, procedures, and compliance with the
Freedom of Information Act (FOIA), and to facilitate OGIS's offering of
mediation services to resolve disputes between persons making FOIA
requests and administrative agencies.
8. To appropriate agencies, entities, and persons when:
a. The National Labor Relations Board determines that the use of
information from this system of records is reasonably necessary and
otherwise compatible with the purpose of collection to assist another
federal recipient agency or entity in (a) responding to a suspected or
confirmed breach of private information, 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; or
b. The National Labor Relations Board suspects or has confirmed
there has been a breach of this system of records; and (a) the NLRB has
determined that as a result of the suspected or confirmed breach, there
is a risk of harm to individuals, the NLRB (including its information
systems, programs, and operations), the Federal Government, or national
security; and (b) the disclosure made to such agencies, entities, and
persons is reasonably necessary to assist in connection with the NLRB's
efforts to respond to the suspected or confirmed breach or to prevent,
minimize, or remedy such harm.
9. To contractors and their agents, grantees, experts, consultants,
and others performing or working on a contract, service, grant,
cooperative agreement, or other assignment for NLRB, when necessary to
accomplish an agency function related to this system of records.
Individuals provided information under this routine use are subject to
the same Privacy Act requirements and limitations on disclosure as are
applicable to the NLRB employees.
10. To an appropriate federal, state, tribal, or local law
enforcement agency or other appropriate authority charged with
investigating or prosecuting a violation or enforcing or implementing a
law, rule, regulation, or order, when a record, either on its face or
in conjunction with other information, indicates a violation or
potential violation of law, which includes criminal, civil, or
regulatory violations, and such disclosure is proper and consistent
with the official duties of the person making the disclosure.
11. To a court, magistrate, or administrative tribunal in the
course of presenting evidence, including disclosures to opposing
counsel or witnesses in the course of civil discovery, litigation, or
settlement negotiations or in connection with criminal law proceedings
or pursuant to the order of a court of competent jurisdiction.
12. To third parties during the course of a law enforcement
investigation to the extent necessary to obtain information pertinent
to the investigation, provided disclosure is appropriate to the proper
performance of the official duties of the officer making the
disclosure.
13. To the news media and the public, with the approval of the
Senior Agency Official for Privacy in consultation with counsel, when
there exists a legitimate public interest in the disclosure of the
information, when disclosure is necessary to preserve confidence in the
integrity of the NLRB, or when disclosure is necessary to demonstrate
the accountability of the NLRB's employees or individuals covered by
the system, except to the extent the Senior Agency Official for Privacy
determines that release of the specific information in the context of a
particular case would constitute a clearly unwarranted invasion of
personal privacy.
[[Page 5845]]
POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
Records are maintained in electronic databases.
POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
Records may be retrieved by individual name or other personal
identifier listed in ``Categories of Records,'' when applicable.
POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
Records will be retained and disposed of in accordance with the
NLRB's Request for Records Disposition Authority, Records Schedule
Number DAA-0025-2017-0001, under the Back Pay Administration
disposition (Disposition Authority Number DM-0025-2017-0001-0006),
approved by NARA on April 9, 2018.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
Access to this application is controlled by administrators who
determine users' authorized access based on each user's office and
position within the office.
RECORD ACCESS PROCEDURES:
An individual seeking to gain access to records in this system
pertaining to him or her should contact the System Manager at the
address above, in accordance with the procedures set forth in 29 CFR
102.119(b) and (c).
An individual requesting access in person must provide identity
documents sufficient to satisfy the custodian of the records that the
requester is entitled to such access, such as a government-issued photo
ID. Individuals requesting access via mail must furnish, at minimum,
name, date of birth, and home address in order to establish identity.
Requesters should also reasonably specify the record contents being
sought.
CONTESTING RECORD PROCEDURES:
An individual may request amendment of a record pertaining to such
individual maintained in this system by directing a request to the
System Manager at the address above, in accordance with the procedures
set forth in 29 CFR 102.119(d).
An individual seeking to contest records in person must provide
identity documents sufficient to satisfy the custodian of the records
that the requester is entitled to contest such records, such as a
government-issued photo ID. Individuals seeking to contest records via
mail must furnish, at minimum, name, date of birth, and home address in
order to establish identity. Requesters should also reasonably identify
the record, specify the information they are contesting, state the
corrective action sought and the reasons for the correction along with
supporting justification showing why the record is not accurate,
timely, relevant, or complete.
NOTIFICATION PROCEDURES:
An individual may inquire as to whether this system contains a
record pertaining to such individual by sending a request in writing,
signed, to the System Manager at the address above, in accordance with
the procedures set forth in 29 CFR 102.119(a).
An individual requesting notification of records in person must
provide identity documents sufficient to satisfy the custodian of the
records that the requester is entitled to such notification, such as a
government-issued photo ID. Individuals requesting notification via
mail must furnish, at minimum, name, date of birth, and home address in
order to establish identity.
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
None.
HISTORY:
None.
Dated: January 28, 2022.
Roxanne L. Rothschild,
Executive Secretary, National Labor Relations Board.
[FR Doc. 2022-02107 Filed 2-1-22; 8:45 am]
BILLING CODE 7545-01-P