81_FR_83508 81 FR 83284 - Privacy Act System of Records, Amended System of Records

81 FR 83284 - Privacy Act System of Records, Amended System of Records

NATIONAL LABOR RELATIONS BOARD

Federal Register Volume 81, Issue 224 (November 21, 2016)

Page Range83284-83287
FR Document2016-27488

Pursuant to the provisions of the Privacy Act of 1974, 5 U.S.C. 552a, the Agency publishes this notice of its intention to amend a system of records, NLRB-17, Personnel Security Records. 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.

Federal Register, Volume 81 Issue 224 (Monday, November 21, 2016)
[Federal Register Volume 81, Number 224 (Monday, November 21, 2016)]
[Notices]
[Pages 83284-83287]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-27488]


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NATIONAL LABOR RELATIONS BOARD


Privacy Act System of Records, Amended System of Records

AGENCY: National Labor Relations Board.

ACTION: Notice of an Amended Privacy Act System of Records.

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SUMMARY: Pursuant to the provisions of the Privacy Act of 1974, 5 
U.S.C. 552a, the Agency publishes this notice of its intention to amend 
a system of records, NLRB-17, Personnel Security Records. All persons 
are advised that, in the absence of submitted comments considered by 
the Agency as warranting modification of the notice as here proposed, 
it is the intention of the Agency that the notice shall be effective 
upon expiration of the comment period without further action.

DATES: Written comments must be submitted no later than December 21, 
2016.

ADDRESSES: All persons who desire to submit written comments for 
consideration by the Agency in connection with this proposed notice of 
the amended system of records shall mail them to the Agency's Senior 
Agency Official for Privacy, National Labor Relations Board, 1015 Half 
Street SE., Third Floor, Washington, DC 20570-0001, or submit them 
electronically to [email protected]. Comments may also be submitted 
electronically through http://www.regulations.gov, which contains a 
copy of this proposed notice and any submitted comments.

FOR FURTHER INFORMATION CONTACT: Virginia Ephraim, IT Security and 
Privacy Compliance Specialist, National Labor Relations Board, 1015 
Half Street SE., Third Floor, Washington, DC 20570-0001, (855)-209-
9394, [email protected].

SUPPLEMENTARY INFORMATION: The Agency exempts an amended system of 
records, NLRB-17, Personnel Security Records, from the following 
provisions of the Privacy Act: (c)(3), (d), (e)(1), (e)(4)(G), 
(e)(4)(H), (e)(4)(I), and (f). The Agency is claiming exemptions 
pursuant to Sections 5 U.S.C. 552a(k)(1), (2), (3), (5), (6), and (7) 
of that Act. The Agency's direct final rule setting forth these 
exemptions appears elsewhere in today's issue of the Federal Register.
    A report of the proposal to establish these systems of records was 
filed pursuant to 5 U.S.C. 552a(r) with Congress and the Office of 
Management and Budget.

    Dated: Washington, DC November 9, 2016.

    By direction of the Board.
William B. Cowen,
Federal Register Liaison, National Labor Relations Board.
NLRB-17

SYSTEM NAME:
    Personnel Security Records

SECURITY CLASSIFICATION:
    Most personnel security records are not classified. However, in 
some cases, records of certain individuals, or portions of some 
records, may be classified in the interest of national security.

SYSTEM LOCATION:
    National Labor Relations Board, Division of Administration, 
Security Branch; the current street address of the NLRB can be found at 
www.nlrb.gov.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Individuals who may require regular, ongoing access to National 
Labor Relations Board facilities and its information technology 
systems, or information classified in the interest of national 
security, including applicants

[[Page 83285]]

for employment or contracts, federal employees, contractors, students, 
interns, volunteers, affiliates, and individuals authorized to perform 
or use services provided at National Labor Relations Board facilities. 
Individuals formerly in any of these positions may also have records in 
this system.

CATEGORIES OF RECORDS IN THE SYSTEM:
    Records in the system include the following:
    A. Copies of investigative information (i.e., SF-85/85P/86/87) 
regarding an individual that were created by the Office of Personnel 
Management, the FBI, the Department of Defense, the Department of 
Homeland Security, or other agencies that provide the NLRB with 
information.
    B. Correspondence relating to adjudication matters and results of 
suitability decisions in cases adjudicated by the Office of Personnel 
Management, Federal Investigative Services in accordance with 5 CFR 
731.
    C. Records of personnel background investigations regarding 
suitability that have been provided by other Federal agencies.
    D. Records of adjudicative and HSPD-12 decisions by other Federal 
agencies, including clearance determinations and/or polygraph results.
    E. Assorted government-wide forms that are routinely used by the 
Agency in making suitability determinations and granting clearances.
    Categories A-E above may include the following types of information 
about individuals: name, former names, birth date, birth place, Social 
Security number, home address, phone numbers, employment history, 
residential history, education and degrees earned, names of associates 
and references and their contact information, citizenship, names of 
relatives, birthdates and places of relatives, citizenship of 
relatives, names of relatives who work for the federal government, 
criminal history, mental health history, drug use, financial 
information, fingerprints, summary report of investigation, results of 
suitability decisions, level of security clearance, date of issuance of 
security clearance, requests for appeal, witness statements, 
investigator's notes, tax return information, credit reports, NLRB 
identification cards, and employee photographs, security violations, 
circumstances of violation, and agency action taken.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    Exec. Order 10450 Security requirement for Government Employment; 
Exec. Order 10865 Safeguarding classified information within industry; 
Exec. Order 12333 (amended) US Intelligence Activities; Exec. Order 
12356 National Security Information; Homeland Security Presidential 
Directive (HSPD) 12, Policy for a Common Identification Standard for 
Federal Employees and Contractors; OMB Memo M-05-24, August 2005 
Implementation of HSPD-12-policy for a Common Identification Standard 
for Federal Employees and Contractors; OPM Memo, July 2008, Final 
Credentialing Standards for Issuing Personal Identity Verification 
Cards under HSPD-12; FIPS PUB 201-2, August 2013, Federal Information 
Processing Standards Publication, Personal Identity Verification (PIV) 
of Federal Employees and Contractors; Title 5 U.S.C. Sec 3301 Civil 
Service--Generally; Title 5 U.S.C. Sec 9101 Access to Criminal History 
Records for National Security and Other Purposes; Title 5 U.S.C. Parts 
1400 National Security Positions ; Title 5 U.S.C. Parts 736 Personnel 
Investigations; Title 42 U.S.C. Sec 2165 Security Restrictions; Title 
42 U.S.C. Sec 2201 General Duties of Commission; Title 50 U.S.C. Sec 
781-858 Internal Security; Title 50 U.S.C. Sec 881--887 National 
Defense Facilities ; NLRB Administrative Policies and Procedures 
Manual, Sec-1(B) Suitability and Security Regulations.

PURPOSE(S):
    Records in this system are used by the NLRB Security Branch staff 
for documentation and support of decisions regarding clearance for 
access to classified information, and determining suitability, 
eligibility, and fitness for service of applicants for federal 
employment and contract positions, as well as current employees 
undergoing reinvestigation at the National Labor Relations Board. The 
records in this system may be used to document security violations and 
supervisory actions in response to such violations.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND THE PURPOSES OF SUCH USES:
    Records and/or information are disclosed to:
    1. Designated officers and employees of agencies (excluding the 
National Labor Relations Board) and offices in the executive, 
legislative, or judicial branches of the Federal government, with a 
need to evaluate qualifications, suitability, or loyalty to the United 
States Government, as well as the granting of a security clearance or 
access to classified information or restricted areas.
    2. A Federal, state, local, tribal, or other charged agency 
maintaining civil, criminal, or other relevant enforcement information, 
if necessary to obtain information relevant to an NLRB decision 
concerning the hiring or retention of an employee, or the issuance of a 
security clearance, contract, grant, license, or other benefit, to the 
extent necessary to identify the individual, inform the source of the 
nature and purpose of the investigation, and to identify the type of 
information requested.
    3. A Federal, state, local, tribal, or other charged agency in 
response to its request in connection with the hiring or retention of 
an employee or the issuance of a security clearance, to the extent that 
the information is relevant and necessary to the requesting agency's 
decisions on that matter.
    4. Except as noted on Forms SF 85, 85-P, 86, and 87, when a record 
on its face, or in conjunction with other records, indicates a 
violation or potential violation of law, whether civil, criminal, or 
regulatory in nature, and whether arising by general statute or 
particular program statute, or by regulation, rule, or order issued, 
disclosure may be made to the appropriate public authority, whether 
Federal, state, local, tribal, or other authority charged with the 
responsibility of investigating or prosecuting such violation, or to 
any agency in connection with its oversight review responsibility.
    5. 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. 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, (c) any employee of the Agency in his or 
her individual capacity where the Department of Justice has agreed to 
represent the employee, or (d) 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.
    7. 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, (c) any employee of the

[[Page 83286]]

Agency in his or her individual capacity, where the Agency has agreed 
to represent the employee, or (d) 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.

DISCLOSURE TO CONSUMER REPORTING AGENCIES:
    None.

POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, 
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
    Records are maintained in paper format in file folders, on digital 
images, and in electronic databases.

RETRIEVABILITY:
    Data may be retrieved by name, Social Security number, or date of 
birth.

SAFEGUARDS:
    Paper--Paper files are stored in a locked file cabinet or a secure 
facility with an intrusion alarm system at NLRB Headquarters in the 
Security branch. Access is limited to personnel security officers and 
their duly authorized representatives who have a need to know the 
information for the performance of their official duties. The U.S. 
Postal Service and other postal providers are used to transmit hard 
copy records sent to and from field offices, other agencies, and 
designated individuals.
    Electronic--Comprehensive electronic records are maintained in the 
Security Branch and on the NLRB network. Electronic records are 
maintained in computer databases in a secure room accessible only by a 
personal identity verification card reader which is limited to Office 
of Chief Information Officer designated employees. Information that is 
transmitted electronically from field offices is encrypted. Access to 
the records is restricted to security staff with a specific role in the 
Personal Identity Verification (PIV) program and Personnel Security 
process requiring access to background investigation information to 
perform their duties, and who have been given access rights to that 
part of the system, including background investigation records. An 
audit trail is maintained and reviewed periodically to identify 
unauthorized access for both programs. Persons given roles in the PIV 
program must complete training specific to their roles to ensure they 
are knowledgeable about how to protect personally identifiable 
information.

RETENTION AND DISPOSAL:
    Personnel Security Clearance Files, Case Files are disposed in 
accordance with General Records Schedule 18, Item 22a. Files are 
destroyed upon notification of death, or no later than 5 years after 
separation or transfer of employee or no later than 5 years after the 
applicable contractual relationship with the Agency expires, whichever 
is applicable.
    Investigative Documents Furnished to the Agency are disposed in 
accordance with General Records Schedule 18, Item 22b. Files are 
destroyed in accordance with the investigating agency instructions.

SYSTEM MANAGER(S) AND ADDRESS:
    Chief Security Officer, National Labor Relations Board; the current 
street address of the NLRB can be found at www.nlrb.gov.

NOTIFICATION PROCEDURE:
    For records not exempted under 5 U.S.C. 552a(k)(1), (2), (3), (5), 
(6), and (7) of the Privacy Act, 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).
    When an individual requests notification whether the system of 
records covered by this Notice contains records pertaining to that 
individual, the request should provide the individual's full name, date 
of birth, agency name, and work location. 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, Social Security number, and home address in order 
to establish identity.

RECORD ACCESS PROCEDURES:
    For records not exempted under 5 U.S.C. 552a(k)(1), (2), (3), (5), 
(6), and (7) of the Privacy Act, 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).
    When an individual requests access to records contained within the 
system of records covered by this Notice pertaining to that individual, 
the request should provide the individual's full name, date of birth, 
agency name, and work location. 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, Social Security 
number, and home address in order to establish identity. Requesters 
should also reasonably specify the record contents being sought. 
Investigative information created by other agencies (Record Category A, 
above) remain the property of those agencies and requests regarding 
such material must be directed to them.
    Current NLRB employees employed in bargaining units covered by a 
collective-bargaining agreement should refer to the applicable 
provisions of that agreement.

CONTESTING RECORD PROCEDURES:
    For records not exempted under 5 U.S.C. 552a(k)(1), (2), (3), (5), 
(6), and (7) of the Privacy Act, 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).
    When an individual seeks to contest records contained within the 
system of records covered by this Notice pertaining to that individual, 
the request should provide the individual's full name, date of birth, 
agency name, and work location. 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, social security number, 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. Investigative information created by other agencies 
(Record Category A, above) remain the property of those agencies and 
requests regarding such material must be directed to them.

RECORD SOURCE CATEGORIES:
    For records not exempted under 5 U.S.C. 552a(k)(1), (2), (3), (5), 
(6), and (7) of the Privacy Act, record source

[[Page 83287]]

categories include the following: the employee, contractor, or 
applicant via use of the SF-85, SF-85P, SF-86, or SF-87 and personal 
interviews; employers' and former employers' records; FBI criminal 
history records and other databases; financial institutions and credit 
reports; medical records and health care providers; educational 
institutions; interviews of witnesses such as neighbors, friends, co-
workers, business associates, teachers, landlords, or family members; 
tax records; and other public records. Security violation information 
is obtained from a variety of sources, including security inspections, 
witnesses, supervisors' reports, audit reports.

EXEMPTIONS CLAIMED FOR THE SYSTEM:
    Pursuant to 5 U.S.C. 552a(k)(1), (2), (3), (5), (6), and (7) of the 
Privacy Act, the Agency has exempted portions of this system that 
relate to providing an accounting of disclosures to the data subject, 
and access to and amendment of records (5 U.S.C. 552a(c)(3),(d), 
(e)(1), (e)(4)(G), (e)(4)(H), (e)(4)(I), and (f)). This system may 
contain the following types of information:
    1. Properly classified information subject to the provisions of 
section 552(b)(1), which states as follows: (A) specifically authorized 
under criteria established by an Executive order to be kept secret in 
the interest of national defense or foreign policy and (B) are in fact 
properly classified pursuant to such Executive order.
    2. Investigatory material compiled for law enforcement purposes, 
other than material within the scope of subsection (j)(2) of this 
section: provided, however, that if any individual is denied any right, 
privilege, or benefit that he would otherwise be entitled by Federal 
law, or for which he would otherwise be eligible, as a result of the 
maintenance of such material, such material shall be provided to such 
individual, except to the extent that the disclosure of such material 
would reveal the identity of a source who furnished information to the 
Government under an express promise that the identity of the source 
would be held in confidence, or, prior to the effective date of this 
section, under an implied promise that the identity of the source would 
be held in confidence.
    3. Information maintained in connection with providing protective 
services to the President of the United States or other individuals 
pursuant to section 3056 of title 18 of the U.S. Code.
    4. Investigatory material compiled solely for the purpose of 
determining suitability, eligibility, or qualifications for Federal 
civilian employment and Federal contact or access to classified 
information. Materials may be exempted to the extent that release of 
the material to the individual whom the information is about would 
reveal the identity of a source who furnished information to the 
Government under an express promise that the identity of the source 
would be held in confidence or, prior to September 27, 1975, furnished 
information to the Government under an implied promise that the 
identity of the source would be held in confidence.
    5. Testing and examination materials, compiled during the course of 
a personnel investigation, that are used solely to determine individual 
qualifications for appointment or promotion in the Federal service, 
when disclosure of the material would compromise the objectivity or 
fairness of the testing or examination process.
    6. Evaluation materials, compiled during the course of a personnel 
investigation, that are used solely to determine potential for 
promotion in the armed services may be exempted to the extent that the 
disclosure of the data would reveal the identity of a source who 
furnished information to the Government under an express promise that 
the identity of the source would be held in confidence or, prior to 
September 27, 1975, under an implied promise that the identity of the 
source would be held in confidence.

[FR Doc. 2016-27488 Filed 11-18-16; 8:45 am]
 BILLING CODE 7545-01-P



                                                    83284                      Federal Register / Vol. 81, No. 224 / Monday, November 21, 2016 / Notices

                                                    individual about whom the record is                     disclosure as are applicable to NCUA                  the amended system of records shall
                                                    maintained.                                             employees.                                            mail them to the Agency’s Senior
                                                       7. A record from a system of records                   11. A record from a system of records               Agency Official for Privacy, National
                                                    may be disclosed as a routine use to the                may be disclosed to appropriate                       Labor Relations Board, 1015 Half Street
                                                    officers and employees of the General                   agencies, entities, and persons when (1)              SE., Third Floor, Washington, DC
                                                    Services Administration (GSA) in                        NCUA suspects or has confirmed that                   20570–0001, or submit them
                                                    connection with administrative services                 the security or confidentiality of                    electronically to pac@nlrb.gov.
                                                    provided to this Agency under                           information in the system of records has              Comments may also be submitted
                                                    agreement with GSA.                                     been compromised; (2) NCUA has                        electronically through http://
                                                       8. Records in a system of records may                determined that as a result of the                    www.regulations.gov, which contains a
                                                    be disclosed as a routine use to the                    suspected or confirmed compromise                     copy of this proposed notice and any
                                                    Department of Justice, when: (a) NCUA,                  there is a risk of harm to economic or                submitted comments.
                                                    or any of its components or employees                   property interests, identity theft or                 FOR FURTHER INFORMATION CONTACT:
                                                    acting in their official capacities, is a               fraud, or harm to the security or                     Virginia Ephraim, IT Security and
                                                    party to litigation; or (b) Any employee                integrity of this system or other systems             Privacy Compliance Specialist, National
                                                    of NCUA in his or her individual                        or programs (whether maintained by                    Labor Relations Board, 1015 Half Street
                                                    capacity is a party to litigation and                   NCUA or another agency or entity) that                SE., Third Floor, Washington, DC
                                                    where the Department of Justice has                     rely upon the compromised information;                20570–0001, (855)-209–9394, pac@
                                                    agreed to represent the employee; or (c)                and (3) the disclosure made to such                   nlrb.gov.
                                                    The United States is a party in litigation,             agencies, entities, and persons is
                                                                                                                                                                  SUPPLEMENTARY INFORMATION: The
                                                    where NCUA determines that litigation                   reasonably necessary to assist in
                                                                                                                                                                  Agency exempts an amended system of
                                                    is likely to affect the agency or any of                connection with NCUA’s efforts to
                                                                                                                                                                  records, NLRB–17, Personnel Security
                                                    its components, is a party to litigation                respond to the suspected or confirmed
                                                                                                                                                                  Records, from the following provisions
                                                    or has an interest in such litigation, and              compromise and prevent, minimize, or
                                                                                                                                                                  of the Privacy Act: (c)(3), (d), (e)(1),
                                                    NCUA determines that use of such                        remedy such harm.
                                                                                                                                                                  (e)(4)(G), (e)(4)(H), (e)(4)(I), and (f). The
                                                    records is relevant and necessary to the                  12. A record from a system of records
                                                                                                                                                                  Agency is claiming exemptions
                                                    litigation, provided, however, that in                  may be shared with the Office of
                                                                                                                                                                  pursuant to Sections 5 U.S.C. 552a(k)(1),
                                                    each case, NCUA determines that                         Management and Budget (OMB) in
                                                                                                                                                                  (2), (3), (5), (6), and (7) of that Act. The
                                                    disclosure of the records to the                        connection with the review of private
                                                                                                                                                                  Agency’s direct final rule setting forth
                                                    Department of Justice is a use of the                   relief legislation as set forth in OMB
                                                                                                                                                                  these exemptions appears elsewhere in
                                                    information contained in the records                    Circular A–19 at any stage of the
                                                                                                                                                                  today’s issue of the Federal Register.
                                                    that is compatible with the purpose for                 legislative coordination and clearance
                                                                                                                                                                     A report of the proposal to establish
                                                    which the records were collected.                       process as set forth in that circular.
                                                                                                                                                                  these systems of records was filed
                                                       9. Records in a system of records may                [FR Doc. 2016–27948 Filed 11–18–16; 8:45 am]          pursuant to 5 U.S.C. 552a(r) with
                                                    be disclosed as a routine use in a                      BILLING CODE 4510–FW–P                                Congress and the Office of Management
                                                    proceeding before a court or                                                                                  and Budget.
                                                    adjudicative body before which NCUA
                                                                                                                                                                    Dated: Washington, DC November 9, 2016.
                                                    is authorized to appear (a) when NCUA                   NATIONAL LABOR RELATIONS
                                                    or any of its components or employees                                                                           By direction of the Board.
                                                                                                            BOARD
                                                    are acting in their official capacities; (b)                                                                  William B. Cowen,
                                                    where NCUA or any employee of NCUA                      Privacy Act System of Records,                        Federal Register Liaison, National Labor
                                                    in his or her individual capacity has                   Amended System of Records                             Relations Board.
                                                    agreed to represent the employee; or (c)                                                                      NLRB–17
                                                    where NCUA determines that litigation                   AGENCY:    National Labor Relations
                                                    is likely to affect the agency or any of                Board.                                                SYSTEM NAME:
                                                    its components, is a party to litigation                ACTION: Notice of an Amended Privacy                    Personnel Security Records
                                                    or has an interest in such litigation, and              Act System of Records.
                                                                                                                                                                  SECURITY CLASSIFICATION:
                                                    NCUA determines that use of such
                                                                                                            SUMMARY:   Pursuant to the provisions of                Most personnel security records are
                                                    records is relevant and necessary to the
                                                                                                            the Privacy Act of 1974, 5 U.S.C. 552a,               not classified. However, in some cases,
                                                    litigation, provided, however, NCUA
                                                                                                            the Agency publishes this notice of its               records of certain individuals, or
                                                    determines that disclosure of the
                                                                                                            intention to amend a system of records,               portions of some records, may be
                                                    records to the Department of Justice is
                                                                                                            NLRB–17, Personnel Security Records.                  classified in the interest of national
                                                    a use of the information contained in
                                                                                                            All persons are advised that, in the                  security.
                                                    the records that is compatible with the
                                                                                                            absence of submitted comments
                                                    purpose for which the records were                                                                            SYSTEM LOCATION:
                                                                                                            considered by the Agency as warranting
                                                    collected.
                                                                                                            modification of the notice as here                      National Labor Relations Board,
                                                       10. A record from a system of records                proposed, it is the intention of the                  Division of Administration, Security
                                                    may be disclosed to contractors, experts,               Agency that the notice shall be effective             Branch; the current street address of the
                                                    consultants, and the agents thereof, and                upon expiration of the comment period                 NLRB can be found at www.nlrb.gov.
                                                    others performing or working on a
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                                                                            without further action.
                                                    contract, service, cooperative                                                                                CATEGORIES OF INDIVIDUALS COVERED BY THE
                                                                                                            DATES: Written comments must be                       SYSTEM:
                                                    agreement, or other assignment for
                                                    NCUA when necessary to accomplish an                    submitted no later than December 21,                    Individuals who may require regular,
                                                    agency function or administer an                        2016.                                                 ongoing access to National Labor
                                                    employee benefit program. Individuals                   ADDRESSES:  All persons who desire to                 Relations Board facilities and its
                                                    provided information under this routine                 submit written comments for                           information technology systems, or
                                                    use are subject to the same Privacy Act                 consideration by the Agency in                        information classified in the interest of
                                                    requirements and limitations on                         connection with this proposed notice of               national security, including applicants


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                                                                               Federal Register / Vol. 81, No. 224 / Monday, November 21, 2016 / Notices                                             83285

                                                    for employment or contracts, federal                    within industry; Exec. Order 12333                       2. A Federal, state, local, tribal, or
                                                    employees, contractors, students,                       (amended) US Intelligence Activities;                 other charged agency maintaining civil,
                                                    interns, volunteers, affiliates, and                    Exec. Order 12356 National Security                   criminal, or other relevant enforcement
                                                    individuals authorized to perform or use                Information; Homeland Security                        information, if necessary to obtain
                                                    services provided at National Labor                     Presidential Directive (HSPD) 12, Policy              information relevant to an NLRB
                                                    Relations Board facilities. Individuals                 for a Common Identification Standard                  decision concerning the hiring or
                                                    formerly in any of these positions may                  for Federal Employees and Contractors;                retention of an employee, or the
                                                    also have records in this system.                       OMB Memo M–05–24, August 2005                         issuance of a security clearance,
                                                                                                            Implementation of HSPD–12-policy for                  contract, grant, license, or other benefit,
                                                    CATEGORIES OF RECORDS IN THE SYSTEM:
                                                                                                            a Common Identification Standard for                  to the extent necessary to identify the
                                                       Records in the system include the                    Federal Employees and Contractors;                    individual, inform the source of the
                                                    following:                                              OPM Memo, July 2008, Final                            nature and purpose of the investigation,
                                                       A. Copies of investigative information               Credentialing Standards for Issuing                   and to identify the type of information
                                                    (i.e., SF–85/85P/86/87) regarding an                    Personal Identity Verification Cards                  requested.
                                                    individual that were created by the                     under HSPD–12; FIPS PUB 201–2,                           3. A Federal, state, local, tribal, or
                                                    Office of Personnel Management, the                     August 2013, Federal Information                      other charged agency in response to its
                                                    FBI, the Department of Defense, the                     Processing Standards Publication,                     request in connection with the hiring or
                                                    Department of Homeland Security, or                     Personal Identity Verification (PIV) of               retention of an employee or the issuance
                                                    other agencies that provide the NLRB                    Federal Employees and Contractors;                    of a security clearance, to the extent that
                                                    with information.                                       Title 5 U.S.C. Sec 3301 Civil Service—                the information is relevant and
                                                       B. Correspondence relating to                        Generally; Title 5 U.S.C. Sec 9101                    necessary to the requesting agency’s
                                                    adjudication matters and results of                     Access to Criminal History Records for                decisions on that matter.
                                                    suitability decisions in cases                          National Security and Other Purposes;                    4. Except as noted on Forms SF 85,
                                                    adjudicated by the Office of Personnel                  Title 5 U.S.C. Parts 1400 National                    85–P, 86, and 87, when a record on its
                                                    Management, Federal Investigative                       Security Positions ; Title 5 U.S.C. Parts             face, or in conjunction with other
                                                    Services in accordance with 5 CFR 731.                  736 Personnel Investigations; Title 42                records, indicates a violation or
                                                       C. Records of personnel background                   U.S.C. Sec 2165 Security Restrictions;                potential violation of law, whether civil,
                                                    investigations regarding suitability that               Title 42 U.S.C. Sec 2201 General Duties               criminal, or regulatory in nature, and
                                                    have been provided by other Federal                     of Commission; Title 50 U.S.C. Sec 781–               whether arising by general statute or
                                                    agencies.                                               858 Internal Security; Title 50 U.S.C.                particular program statute, or by
                                                       D. Records of adjudicative and HSPD–                 Sec 881—887 National Defense                          regulation, rule, or order issued,
                                                    12 decisions by other Federal agencies,                 Facilities ; NLRB Administrative                      disclosure may be made to the
                                                    including clearance determinations and/                                                                       appropriate public authority, whether
                                                                                                            Policies and Procedures Manual, Sec–
                                                    or polygraph results.                                                                                         Federal, state, local, tribal, or other
                                                                                                            1(B) Suitability and Security
                                                       E. Assorted government-wide forms                                                                          authority charged with the
                                                                                                            Regulations.
                                                    that are routinely used by the Agency in                                                                      responsibility of investigating or
                                                    making suitability determinations and                   PURPOSE(S):                                           prosecuting such violation, or to any
                                                    granting clearances.                                                                                          agency in connection with its oversight
                                                       Categories A–E above may include the                   Records in this system are used by the              review responsibility.
                                                    following types of information about                    NLRB Security Branch staff for                           5. A Member of Congress or to a
                                                    individuals: name, former names, birth                  documentation and support of decisions                Congressional staff member in response
                                                    date, birth place, Social Security                      regarding clearance for access to                     to an inquiry of the Congressional office
                                                    number, home address, phone numbers,                    classified information, and determining               made at the written request of the
                                                    employment history, residential history,                suitability, eligibility, and fitness for             constituent about whom the record is
                                                    education and degrees earned, names of                  service of applicants for federal                     maintained. However, the investigative
                                                    associates and references and their                     employment and contract positions, as                 file, or parts thereof, will only be
                                                    contact information, citizenship, names                 well as current employees undergoing                  released to a Congressional office if the
                                                    of relatives, birthdates and places of                  reinvestigation at the National Labor                 Agency receives a signed statement
                                                    relatives, citizenship of relatives, names              Relations Board. The records in this                  under 28 U.S.C. 1746 from the subject
                                                    of relatives who work for the federal                   system may be used to document                        of the investigation.
                                                    government, criminal history, mental                    security violations and supervisory                      6. The Department of Justice for use
                                                    health history, drug use, financial                     actions in response to such violations.               in litigation when either (a) the Agency
                                                    information, fingerprints, summary                                                                            or any component thereof, (b) any
                                                                                                            ROUTINE USES OF RECORDS MAINTAINED IN THE
                                                    report of investigation, results of                                                                           employee of the Agency in his or her
                                                                                                            SYSTEM, INCLUDING CATEGORIES OF USERS AND
                                                    suitability decisions, level of security                THE PURPOSES OF SUCH USES:
                                                                                                                                                                  official capacity, (c) any employee of the
                                                    clearance, date of issuance of security                                                                       Agency in his or her individual capacity
                                                    clearance, requests for appeal, witness                   Records and/or information are                      where the Department of Justice has
                                                    statements, investigator’s notes, tax                   disclosed to:                                         agreed to represent the employee, or (d)
                                                    return information, credit reports, NLRB                  1. Designated officers and employees                the United States Government is a party
                                                    identification cards, and employee                      of agencies (excluding the National                   to litigation or has an interest in such
                                                                                                            Labor Relations Board) and offices in                 litigation, and the Agency determines
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                                                    photographs, security violations,
                                                    circumstances of violation, and agency                  the executive, legislative, or judicial               that the records are both relevant and
                                                    action taken.                                           branches of the Federal government,                   necessary to the litigation.
                                                                                                            with a need to evaluate qualifications,                  7. A court or other adjudicative body
                                                    AUTHORITY FOR MAINTENANCE OF THE SYSTEM:                suitability, or loyalty to the United                 before which the Agency is authorized
                                                      Exec. Order 10450 Security                            States Government, as well as the                     to appear, when either (a) the Agency or
                                                    requirement for Government                              granting of a security clearance or access            any component thereof, (b) any
                                                    Employment; Exec. Order 10865                           to classified information or restricted               employee of the Agency in his or her
                                                    Safeguarding classified information                     areas.                                                official capacity, (c) any employee of the


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                                                    83286                       Federal Register / Vol. 81, No. 224 / Monday, November 21, 2016 / Notices

                                                    Agency in his or her individual                          RETENTION AND DISPOSAL:                               name, date of birth, agency name, and
                                                    capacity, where the Agency has agreed                      Personnel Security Clearance Files,                 work location. An individual requesting
                                                    to represent the employee, or (d) the                    Case Files are disposed in accordance                 access in person must provide identity
                                                    United States Government is a party to                   with General Records Schedule 18, Item                documents sufficient to satisfy the
                                                    litigation or has an interest in such                    22a. Files are destroyed upon                         custodian of the records that the
                                                    litigation, and the Agency determines                    notification of death, or no later than 5             requester is entitled to such access, such
                                                    that the records are both relevant and                   years after separation or transfer of                 as a government-issued photo ID.
                                                    necessary to the litigation.                             employee or no later than 5 years after               Individuals requesting access via mail
                                                                                                             the applicable contractual relationship               must furnish, at minimum, name, date
                                                    DISCLOSURE TO CONSUMER REPORTING                                                                               of birth, Social Security number, and
                                                                                                             with the Agency expires, whichever is
                                                    AGENCIES:
                                                                                                             applicable.                                           home address in order to establish
                                                       None.                                                   Investigative Documents Furnished to                identity. Requesters should also
                                                                                                             the Agency are disposed in accordance                 reasonably specify the record contents
                                                    POLICIES AND PRACTICES FOR STORING,
                                                                                                             with General Records Schedule 18, Item                being sought. Investigative information
                                                    RETRIEVING, ACCESSING, RETAINING, AND
                                                    DISPOSING OF RECORDS IN THE SYSTEM:
                                                                                                             22b. Files are destroyed in accordance                created by other agencies (Record
                                                                                                             with the investigating agency                         Category A, above) remain the property
                                                    STORAGE:                                                 instructions.                                         of those agencies and requests regarding
                                                      Records are maintained in paper                                                                              such material must be directed to them.
                                                                                                             SYSTEM MANAGER(S) AND ADDRESS:                          Current NLRB employees employed
                                                    format in file folders, on digital images,
                                                    and in electronic databases.                               Chief Security Officer, National Labor              in bargaining units covered by a
                                                                                                             Relations Board; the current street                   collective-bargaining agreement should
                                                    RETRIEVABILITY:                                          address of the NLRB can be found at                   refer to the applicable provisions of that
                                                      Data may be retrieved by name, Social                  www.nlrb.gov.                                         agreement.
                                                    Security number, or date of birth.                       NOTIFICATION PROCEDURE:                               CONTESTING RECORD PROCEDURES:

                                                    SAFEGUARDS:                                                 For records not exempted under 5                      For records not exempted under 5
                                                                                                             U.S.C. 552a(k)(1), (2), (3), (5), (6), and (7)        U.S.C. 552a(k)(1), (2), (3), (5), (6), and (7)
                                                       Paper—Paper files are stored in a                     of the Privacy Act, an individual may                 of the Privacy Act, an individual may
                                                    locked file cabinet or a secure facility                 inquire as to whether this system                     request amendment of a record
                                                    with an intrusion alarm system at NLRB                   contains a record pertaining to such                  pertaining to such individual
                                                    Headquarters in the Security branch.                     individual by sending a request in                    maintained in this system by directing
                                                    Access is limited to personnel security                  writing, signed, to the System Manager                a request to the System Manager at the
                                                    officers and their duly authorized                       at the address above, in accordance with              address above, in accordance with the
                                                    representatives who have a need to                       the procedures set forth in 29 CFR                    procedures set forth in 29 CFR
                                                    know the information for the                             102.119(a).                                           102.119(d).
                                                    performance of their official duties. The                   When an individual requests                           When an individual seeks to contest
                                                    U.S. Postal Service and other postal                     notification whether the system of                    records contained within the system of
                                                    providers are used to transmit hard copy                 records covered by this Notice contains               records covered by this Notice
                                                    records sent to and from field offices,                  records pertaining to that individual,                pertaining to that individual, the request
                                                    other agencies, and designated                           the request should provide the                        should provide the individual’s full
                                                    individuals.                                             individual’s full name, date of birth,                name, date of birth, agency name, and
                                                       Electronic—Comprehensive electronic                   agency name, and work location. An                    work location. An individual seeking to
                                                    records are maintained in the Security                   individual requesting notification of                 contest records in person must provide
                                                    Branch and on the NLRB network.                          records in person must provide identity               identity documents sufficient to satisfy
                                                    Electronic records are maintained in                     documents sufficient to satisfy the                   the custodian of the records that the
                                                    computer databases in a secure room                      custodian of the records that the                     requester is entitled to contest such
                                                    accessible only by a personal identity                   requester is entitled to such notification,           records, such as a government-issued
                                                    verification card reader which is limited                such as a government-issued photo ID.                 photo ID. Individuals seeking to contest
                                                    to Office of Chief Information Officer                   Individuals requesting notification via               records via mail must furnish, at
                                                    designated employees. Information that                   mail must furnish, at minimum, name,                  minimum, name, date of birth, social
                                                    is transmitted electronically from field                 date of birth, Social Security number,                security number, and home address in
                                                    offices is encrypted. Access to the                      and home address in order to establish                order to establish identity. Requesters
                                                    records is restricted to security staff                  identity.                                             should also reasonably identify the
                                                    with a specific role in the Personal                                                                           record, specify the information they are
                                                    Identity Verification (PIV) program and                  RECORD ACCESS PROCEDURES:
                                                                                                                                                                   contesting, state the corrective action
                                                    Personnel Security process requiring                       For records not exempted under 5                    sought and the reasons for the
                                                    access to background investigation                       U.S.C. 552a(k)(1), (2), (3), (5), (6), and (7)        correction along with supporting
                                                    information to perform their duties, and                 of the Privacy Act, an individual                     justification showing why the record is
                                                    who have been given access rights to                     seeking to gain access to records in this             not accurate, timely, relevant, or
                                                    that part of the system, including                       system pertaining to him or her should                complete. Investigative information
                                                    background investigation records. An                     contact the System Manager at the
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                                                                                                                                                                   created by other agencies (Record
                                                    audit trail is maintained and reviewed                   address above, in accordance with the                 Category A, above) remain the property
                                                    periodically to identify unauthorized                    procedures set forth in 29 CFR                        of those agencies and requests regarding
                                                    access for both programs. Persons given                  102.119(b) and (c).                                   such material must be directed to them.
                                                    roles in the PIV program must complete                     When an individual requests access to
                                                    training specific to their roles to ensure               records contained within the system of                RECORD SOURCE CATEGORIES:
                                                    they are knowledgeable about how to                      records covered by this Notice                          For records not exempted under 5
                                                    protect personally identifiable                          pertaining to that individual, the request            U.S.C. 552a(k)(1), (2), (3), (5), (6), and (7)
                                                    information.                                             should provide the individual’s full                  of the Privacy Act, record source


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                                                                               Federal Register / Vol. 81, No. 224 / Monday, November 21, 2016 / Notices                                            83287

                                                    categories include the following: the                   information. Materials may be exempted                DATES: Submit comments by December
                                                    employee, contractor, or applicant via                  to the extent that release of the material            20, 2016. Comments received after this
                                                    use of the SF–85, SF–85P, SF–86, or SF–                 to the individual whom the information                date will be considered if it is practical
                                                    87 and personal interviews; employers’                  is about would reveal the identity of a               to do so, but the Commission is able to
                                                    and former employers’ records; FBI                      source who furnished information to the               ensure consideration only for comments
                                                    criminal history records and other                      Government under an express promise                   received before this date.
                                                    databases; financial institutions and                   that the identity of the source would be              ADDRESSES: You may submit comments
                                                    credit reports; medical records and                     held in confidence or, prior to                       by any of the following methods:
                                                    health care providers; educational                      September 27, 1975, furnished                           • Federal Rulemaking Web site: Go to
                                                    institutions; interviews of witnesses                   information to the Government under an                http://www.regulations.gov and search
                                                    such as neighbors, friends, co-workers,                 implied promise that the identity of the              for Docket ID NRC–2016–0220. Address
                                                    business associates, teachers, landlords,               source would be held in confidence.                   questions about NRC dockets to Carol
                                                    or family members; tax records; and                        5. Testing and examination materials,              Gallagher; telephone: 301–415–3463;
                                                    other public records. Security violation                compiled during the course of a                       email: Carol.Gallagher@nrc.gov. For
                                                    information is obtained from a variety of               personnel investigation, that are used                technical questions, contact the
                                                    sources, including security inspections,                solely to determine individual                        individual listed in the FOR FURTHER
                                                    witnesses, supervisors’ reports, audit                  qualifications for appointment or                     INFORMATION CONTACT section of this
                                                    reports.                                                promotion in the Federal service, when                document.
                                                    EXEMPTIONS CLAIMED FOR THE SYSTEM:
                                                                                                            disclosure of the material would                        • Mail comments to: Cindy Bladey,
                                                                                                            compromise the objectivity or fairness                Office of Administration, Mail Stop:
                                                       Pursuant to 5 U.S.C. 552a(k)(1), (2),
                                                                                                            of the testing or examination process.                OWFN–12–H08, U.S. Nuclear
                                                    (3), (5), (6), and (7) of the Privacy Act,
                                                                                                               6. Evaluation materials, compiled                  Regulatory Commission, Washington,
                                                    the Agency has exempted portions of
                                                                                                            during the course of a personnel                      DC 20555–0001.
                                                    this system that relate to providing an
                                                                                                            investigation, that are used solely to                  For additional direction on obtaining
                                                    accounting of disclosures to the data
                                                                                                            determine potential for promotion in the              information and submitting comments,
                                                    subject, and access to and amendment
                                                                                                            armed services may be exempted to the                 see ‘‘Obtaining Information and
                                                    of records (5 U.S.C. 552a(c)(3),(d), (e)(1),
                                                                                                            extent that the disclosure of the data                Submitting Comments’’ in the
                                                    (e)(4)(G), (e)(4)(H), (e)(4)(I), and (f)). This
                                                                                                            would reveal the identity of a source                 SUPPLEMENTARY INFORMATION section of
                                                    system may contain the following types
                                                                                                            who furnished information to the                      this document.
                                                    of information:
                                                       1. Properly classified information                   Government under an express promise
                                                                                                                                                                  FOR FURTHER INFORMATION CONTACT: Emil
                                                    subject to the provisions of section                    that the identity of the source would be
                                                                                                                                                                  Tabakov, Office of Nuclear Reactor
                                                    552(b)(1), which states as follows: (A)                 held in confidence or, prior to
                                                                                                                                                                  Regulation, U.S. Nuclear Regulatory
                                                    specifically authorized under criteria                  September 27, 1975, under an implied
                                                                                                                                                                  Commission, Washington, DC 20555–
                                                    established by an Executive order to be                 promise that the identity of the source
                                                                                                                                                                  0001; telephone: 301–415–6814, email:
                                                    kept secret in the interest of national                 would be held in confidence.
                                                                                                                                                                  Emil.Tabakov@.nrc.gov.
                                                    defense or foreign policy and (B) are in                [FR Doc. 2016–27488 Filed 11–18–16; 8:45 am]
                                                                                                                                                                  SUPPLEMENTARY INFORMATION:
                                                    fact properly classified pursuant to such               BILLING CODE 7545–01–P
                                                    Executive order.                                                                                              I. Obtaining Information and
                                                       2. Investigatory material compiled for                                                                     Submitting Comments
                                                    law enforcement purposes, other than                                                                          A. Obtaining Information
                                                    material within the scope of subsection                 NUCLEAR REGULATORY
                                                    (j)(2) of this section: provided, however,              COMMISSION                                               Please refer to Docket ID NRC–2016–
                                                    that if any individual is denied any                                                                          0220 when contacting the NRC about
                                                                                                            [NRC–2016–0220]                                       the availability of information for this
                                                    right, privilege, or benefit that he would
                                                    otherwise be entitled by Federal law, or                                                                      action. You may obtain publicly-
                                                                                                            Report on Changes to Low-Level
                                                    for which he would otherwise be                                                                               available information related to this
                                                                                                            Waste Burial Charges
                                                    eligible, as a result of the maintenance                                                                      action by any of the following methods:
                                                    of such material, such material shall be                AGENCY: Nuclear Regulatory                               • Federal rulemaking Web site: Go to
                                                    provided to such individual, except to                  Commission.                                           http://www.regulations.gov and search
                                                    the extent that the disclosure of such                  ACTION: Draft NUREG; request for                      for Docket ID NRC–2016–0220.
                                                    material would reveal the identity of a                 comment.                                                 • NRC’s Agencywide Documents
                                                    source who furnished information to the                                                                       Access and Management System
                                                    Government under an express promise                     SUMMARY:   The U.S. Nuclear Regulatory                (ADAMS): You may obtain publicly-
                                                    that the identity of the source would be                Commission (NRC) is issuing for public                available documents online in the
                                                    held in confidence, or, prior to the                    comment draft NUREG–1307 Revision                     ADAMS Public Documents collection at
                                                    effective date of this section, under an                16, ‘‘Report on Waste Burial Charges:                 http://www.nrc.gov/reading-rm/
                                                    implied promise that the identity of the                Changes in Decommissioning Waste                      adams.html. To begin the search, select
                                                    source would be held in confidence.                     Disposal Costs at Low-Level Waste                     ‘‘ADAMS Public Documents’’ and then
                                                       3. Information maintained in                         Burial Facilities.’’ This report, which is            select ‘‘Begin Web-based ADAMS
                                                    connection with providing protective                    revised periodically, explains the                    Search.’’ For problems with ADAMS,
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                                                    services to the President of the United                 formula acceptable to the NRC for                     please contact the NRC’s Public
                                                    States or other individuals pursuant to                 determining the minimum                               Document Room (PDR) reference staff at
                                                    section 3056 of title 18 of the U.S. Code.              decommissioning fund requirements for                 1–800–397–4209, 301–415–4737, or by
                                                       4. Investigatory material compiled                   nuclear power reactors. Specifically,                 email to pdr.resource@nrc.gov. NUREG–
                                                    solely for the purpose of determining                   this report provides adjustment factors,              1307 Revision 16, ‘‘Report on Waste
                                                    suitability, eligibility, or qualifications             and updates to these values, for the                  Burial Charges: Changes in
                                                    for Federal civilian employment and                     labor, energy, and waste components of                Decommissioning Waste Disposal Costs
                                                    Federal contact or access to classified                 the minimum formula.                                  at Low-Level Waste Burial Facilities, is


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Document Created: 2018-02-14 08:33:59
Document Modified: 2018-02-14 08:33:59
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice of an Amended Privacy Act System of Records.
DatesWritten comments must be submitted no later than December 21, 2016.
ContactVirginia Ephraim, IT Security and Privacy Compliance Specialist, National Labor Relations Board, 1015 Half Street SE., Third Floor, Washington, DC 20570-0001, (855)-209- 9394, [email protected]
FR Citation81 FR 83284 

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