83_FR_7757 83 FR 7721 - Privacy Act of 1974; System of Records.

83 FR 7721 - Privacy Act of 1974; System of Records.

FEDERAL COMMUNICATIONS COMMISSION

Federal Register Volume 83, Issue 36 (February 22, 2018)

Page Range7721-7723
FR Document2018-03653

The Federal Communications Commission (FCC or Commission or Agency) has modified an existing system of records, FCC/OGC-3, Adjudication of Internal Complaints against Employees, subject to the Privacy Act of 1974, as amended. This action is necessary to meet the requirements of the Privacy Act to publish in the Federal Register notice of the existence and character of records maintained by the Agency. The Office of the General Counsel (OGC) uses the personally identifiable information (PII) in this system for purposes that include, but are not limited to settlement negotiations with opposing parties and to prepare for litigation before an administrative body or a court of appropriate jurisdiction.

Federal Register, Volume 83 Issue 36 (Thursday, February 22, 2018)
[Federal Register Volume 83, Number 36 (Thursday, February 22, 2018)]
[Notices]
[Pages 7721-7723]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-03653]


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FEDERAL COMMUNICATIONS COMMISSION


Privacy Act of 1974; System of Records.

AGENCY: Federal Communications Commission.

ACTION: Notice of a modified system of records.

-----------------------------------------------------------------------

SUMMARY: The Federal Communications Commission (FCC or Commission or 
Agency) has modified an existing system of records, FCC/OGC-3, 
Adjudication of Internal Complaints against Employees, subject to the 
Privacy Act of 1974, as amended. This action is necessary to meet the 
requirements of the Privacy Act to publish in the Federal Register 
notice of the existence and character of records maintained by the 
Agency. The Office of the General Counsel (OGC) uses the personally 
identifiable information (PII) in this system for purposes that 
include, but are not limited to settlement negotiations with opposing 
parties and to prepare for litigation before an administrative body or 
a court of appropriate jurisdiction.

DATES: This action will become effective on February 22, 2018. The 
routine uses in this action will become effective on March 26, 2018 
unless comments are received that require a contrary determination.

ADDRESSES: Send comments to Leslie F. Smith, Privacy Manager, 
Information Technology (IT), Room 1-C216, Federal Communications 
Commission, 445 12th Street SW, Washington, DC 20554, or to 
[email protected].

FOR FURTHER INFORMATION CONTACT: Leslie F. Smith, (202) 418-0217, or 
[email protected] (and to obtain a copy of the Narrative Statement 
and the Supplementary Document, which includes details of the proposed 
alterations to this system of records).

SUPPLEMENTARY INFORMATION: This notice serves to update and amend FCC/
OGC-3, Adjudication of Internal Complaints against Employees, as a 
result of an increased use of electronic information technology. The 
substantive changes and modifications to the previously published 
version of the FCC/OGC-3 system of records include:
    1. Updating the language in the Security Classification to follow 
with OMB guidance.
    2. Minor changes to the Purposes, Categories of Individuals, and 
Categories of Records to be consistent the language and phrasing now 
used in the FCC's SORNs.
    3. Deletion of two routine uses: (2) Public Access since releases 
under the FOIA are covered by 5 U.S.C. 552a(b)(2), so a separate 
routine use for them is not needed; and (6) Employment, Clearances, 
Licensing, Contract, Grant, or other Benefits Decisions by other than 
the agency, and its replacement with a new routine use: (5) For Certain 
Disclosures to Other Agencies to make information available to another 
Federal agency.
    4. Updating language and/or renumbering seven routine uses: (1) 
Adjudication and Litigation; (2) Law Enforcement and Investigation; (3) 
Congressional Inquiries; (4) Government-wide Program Management and 
Oversight; (6) Employment, Clearances, Licensing, Contract, Grant, or 
other Benefits Decisions by the FCC; and (7) Labor Relations.
    5. Adding three other new routine uses: (8) Breach Notification to 
address the Commission's real or suspected data breach situations; (9) 
Assistance to Federal Agencies and Entities for assistance with other 
Federal agencies' data breach situations; and (10) For Non-Federal 
Personnel to allow contractors performing or working on a contract for 
the Federal Government

[[Page 7722]]

access to information. Routine Uses (8) and (9) are required by OMB 
Memorandum m-17-12.
    The system of records is also updated to reflect various 
administrative changes related to the system managers and system 
addresses; policy and practices for storage, retrieval, and retention 
and disposal of the records; administrative, technical, and physical 
safeguards; and updated notification, records access, and contesting 
records procedures.
System Name and Number
    FCC/OGC-3, Adjudication of Internal Complaints against Employees.

SECURITY CLASSIFICATION:
    No information in this system is classified.

SYSTEM LOCATION:
    Office of General Counsel (OGC), Federal Communications Commission 
(FCC), 445 12th Street SW, Washington, DC 20554.

SYSTEM MANAGER(S) AND ADDRESS:
    Office of General Counsel (OGC), Federal Communications Commission 
(FCC), 445 12th Street SW, Washington, DC 20554.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    5 U.S.C. 301.

PURPOSE(S) OF THE SYSTEM:
    Staff attorneys in the Office of General Counsel (OGC) use these 
records for purposes including, but not limited to settlement 
negotiations with opposing parties and to prepare for litigation before 
an administrative body or a court of appropriate jurisdiction.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Any FCC employee who files or is the subject of a complaint 
investigation involving internal personnel actions or activities, which 
include but are not limited to discrimination, grievance, political 
activity, separation, or adverse action.

CATEGORIES OF RECORDS IN THE SYSTEM:
    Information in this system of records involves internal personnel 
disputes that have reached the litigation stage, and may include but 
are not limited to correspondence, memoranda, transcripts of hearings, 
briefs, pleadings, investigative reports, and decisions of hearing 
examiners and Commissioners.

RECORD SOURCE CATEGORIES:
    The sources for the information in this system of records include 
but are not limited to:
    (a) Individuals filing such claims; the individuals who are the 
subjects of such claims;
    (b) Attorneys or representatives of the claimants and the subjects 
of the claims;
    (c) Communication between FCC organizational units; and
    (d) Investigative materials and related documentation and decisions 
involved in but not limited to appeals, amendments, and litigation 
concerning such claims.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND THE PURPOSES OF SUCH USES:
    In addition to those disclosures generally permitted under 5 U.S.C. 
552a(b) of the Privacy Act, all or a portion of the records or 
information contained in this system may be disclosed to authorized 
entities, as is determined to be relevant and necessary, outside the 
FCC as a routine use pursuant to 5 U.S.C. 552a(b)(3) as follows. In 
each of these cases, the FCC will determine whether disclosure of the 
records is compatible with the purpose(s) for which the records were 
collected:
    1. Adjudication and Litigation--To disclose information to the 
Department of Justice (DOJ), or other administrative body before which 
the FCC is authorized to appear, when: (a) The FCC or any component 
thereof; (b) any employee of the FCC in his or her official capacity; 
(c) any employee of the FCC in his or her individual capacity where DOJ 
or the FCC has agreed to represent the employee; or (d) the United 
States is a party to litigation or has an interest in such litigation, 
and the use of such records by DOJ or the FCC is deemed by the FCC to 
be relevant and necessary to the litigation.
    2. Law Enforcement and Investigation--To disclose pertinent 
information to the appropriate Federal, State, or local agency 
responsible for investigating, prosecuting, enforcing, or implementing 
a statute, rule, regulation, or order, where the FCC becomes aware of 
an indication of a violation or potential violation of civil or 
criminal law or regulation.
    3. Congressional Inquiries--To provide information to a 
congressional office from the record of an individual in response to an 
inquiry from that congressional office made at the request of that 
individual.
    4. Government-wide Program Management and Oversight--To disclose 
information to the National Archives and Records Administration (NARA) 
for use in its records management inspections; to the Government 
Accountability Office (GAO) for oversight purposes; to the Department 
of Justice (DOJ) to obtain that department's advice regarding 
disclosure obligations under the Freedom of Information Act (FOIA); or 
to the Office of Management and Budget (OMB) to obtain that office's 
advice regarding obligations under the Privacy Act.
    5. For Certain Disclosures to Other Federal Agencies--To disclose 
information to a Federal agency, in response to its request in 
connection with the hiring or retention of an employee, the issuance of 
a security clearance, the conducting of a suitability or security 
investigation of an individual, the classifying of jobs, the letting of 
a contract, or the issuance of a license, grant, or other benefit by 
the requesting agency, to the extent that the information is relevant 
and necessary to the requesting agency's decision on the matter.
    6. Employment, Clearances, Licensing, Contract, Grant, or other 
Benefits Decisions by the Agency--To disclose information to a Federal, 
State, local, foreign, tribal, or other public agency or authority 
maintaining civil, criminal, or other relevant enforcement records, or 
other pertinent records, or to another public authority or professional 
organization, if necessary to obtain information relevant to an 
investigation concerning the hiring or retention of an employee or 
other personnel action, the issuance or retention of a security 
clearance, the classifying of jobs, the letting of a contract, or the 
issuance or retention of a license, grant, or other benefit by the 
Commission, to the extent that the information is relevant and 
necessary to the requesting agency's decisions on the matter.
    7. Labor Relations--To disclose information to officials of labor 
organizations recognized under 5 U.S.C. Chapter 71 upon receipt of a 
formal request and in accord with the conditions of 5 U.S.C. 7114 when 
relevant and necessary to their duties of exclusive representation 
concerning personnel policies, practices, and matters affecting working 
conditions.
    8. Breach Notification--To appropriate agencies, entities, and 
persons when: (a) The Commission suspects or has confirmed that there 
has been a breach of the system of records; (b) the Commission has 
determined that as a result of the suspected or confirmed breach there 
is a risk of harm to individuals, the Commission (including its 
information systems, programs, and operations), the Federal Government, 
or national security; and (c) the disclosure made to such agencies, 
entities, and persons is reasonably necessary to assist

[[Page 7723]]

in connection with the Commission's efforts to respond to the suspected 
or confirmed breach or to prevent, minimize, or remedy such harm.
    9. Assistance to Federal Agencies and Entities--To another Federal 
agency or Federal entity, when the Commission determines that 
information from this system is reasonably necessary to assist the 
recipient agency or entity in: (a) Responding to a suspected or 
confirmed breach or (b) preventing, minimizing, or remedying the risk 
of harm to individuals, the recipient agency or entity (including its 
information systems, program, and operations), the Federal Government, 
or national security, resulting from a suspected or confirmed breach.
    10. For Non-Federal Personnel--To disclose information to 
contractors performing or working on a contract for the Federal 
Government.

REPORTING TO A CONSUMER REPORTING AGENCY:
    In addition to the routine uses cited above, the Commission may 
share information from this system of records with a consumer reporting 
agency regarding an individual who has not paid a valid and overdue 
debt owed to the Commission, following the procedures set out in the 
Debt Collection Act, 31 U.S.C. 3711(e).

POLICIES AND PRACTICES FOR STORING OF RECORDS:
    Information in this system includes both paper and electronic 
records. The paper records, documents, and files are maintained in file 
cabinets that are located in OGC and in the bureaus and offices (B/Os) 
of the FCC staff who provide the responses to such claims. The 
electronic records, files, and data are stored in the FCC's computer 
network.

POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
    Records are retrieved by the name of the subject individual in the 
investigation.

POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
    Records are retained and disposed of in accordance with the agency 
records control schedules NC1-173-84-05, Item 3 and N1-173-91-001, Item 
6, both of which have been approved by the National Archives and 
Records Administration (NARA).

ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
    The file cabinets containing paper records in this system are 
maintained in file cabinets in ``non-public'' rooms in the OGC and B/O 
suites. The OGC and B/O file cabinets are locked at the end of the 
business day. Access to these office suites is through card-coded main 
doors. Only authorized OGC and B/O supervisors and staff who are 
responsible for responding to these claims, have access to these paper 
records.
    The electronic records, files, and data are housed in the FCC's 
computer network. Access to the electronic files is restricted to OGC 
and B/O staff who are responsible for responding to such claims, and to 
the IT staff and contractors who maintain the FCC's computer network. 
Other FCC employees and contractors may be granted access on a ``need-
to-know'' basis. The FCC's computer network databases are protected by 
the FCC's IT privacy safeguards, a comprehensive and dynamic set of IT 
safety and security protocols and features that are designed to meet 
all Federal IT privacy standards, including those required by the 
National Institute of Standards and Technology (NIST) and the Federal 
Information Security Modernization Act of 2014 (FISMA).

NOTIFICATION PROCESS:
    Individuals wishing to determine whether this system of records 
contains information about them may do so by writing to Leslie F. 
Smith, Privacy Manager, Information Technology, Federal Communications 
Commission, 445 12th Street SW, Washington, DC 20554, or email 
[email protected].
    Individuals must furnish reasonable identification by showing any 
two of the following: Social security card; driver's license; employee 
identification card; Medicare card; birth certificate; bank credit 
card; or other positive means of identification, or by signing an 
identity statement stipulating that knowingly or willfully seeking or 
obtaining access to records about another person under false pretenses 
is punishable by a fine of up to $5,000.
    Individuals requesting access must also comply with the FCC's 
Privacy Act regulations regarding verification of identity and access 
to records (47 CFR part 0, subpart E).

RECORD ACCESS PROCEDURE:
    Individuals wishing to request access to and/or amendment of 
records about them should follow the Notification Procedure above.

CONTESTING RECORD PROCEDURE:
    Individuals wishing to request an amendment of records about them 
should follow the Notification Procedure above.

EXEMPTIONS PROMULGATED FOR THE SYSTEM:
    None.

HISTORY:
    The FCC last gave full notice of this system of records, FCC/OGC-3, 
Adjudication of Internal Complaints against Employees, by publication 
in the Federal Register on April 5, 2006 (71 FR 17234, 17243).

Federal Communications Commission.
Marlene H. Dortch,
Secretary.
[FR Doc. 2018-03653 Filed 2-21-18; 8:45 am]
BILLING CODE 6712-01-P



                                                                           Federal Register / Vol. 83, No. 36 / Thursday, February 22, 2018 / Notices                                            7721

                                               colleges and universities,4 and referral                expect that the foregoing assumptions                  DATES:  This action will become effective
                                               unions.5                                                are over-inclusive, because many                       on February 22, 2018. The routine uses
                                                  This burden assessment is based on                   employers have electronic job                          in this action will become effective on
                                               an estimate of the number of job                        application processes that should be                   March 26, 2018 unless comments are
                                               applications submitted to all Title VII-                able to capture applicant flow data                    received that require a contrary
                                               covered employers in one year,                          automatically.                                         determination.
                                               including paper-based and electronic                      However, the average burden per
                                                                                                                                                              ADDRESSES: Send comments to Leslie F.
                                               applications. The total number of job                   employer is relatively small. As stated
                                                                                                                                                              Smith, Privacy Manager, Information
                                               applications submitted every year to                    above, we estimate that UGESP applies
                                                                                                                                                              Technology (IT), Room 1–C216, Federal
                                               covered employers is estimated to be                    to 961,709 employers. Therefore, the
                                                                                                                                                              Communications Commission, 445 12th
                                               1,878,031,768, based on a National                      cost per covered employer is less than
                                                                                                                                                              Street SW, Washington, DC 20554, or to
                                               Organizations Survey 6 average of                       $124 each ($119,020,258 divided by
                                                                                                                                                              Leslie.Smith@fcc.gov.
                                               approximately 35 applications 7 for                     961,709 is equal to $123.76).
                                               every hire and a Bureau of Labor                        Additionally, UGESP allows for                         FOR FURTHER INFORMATION CONTACT:
                                               Statistics data estimate of 62,719,000                  simplified recordkeeping for employers                 Leslie F. Smith, (202) 418–0217, or
                                               annual hires.8 This figure also includes                with more than 15 but less than 100                    Leslie.Smith@fcc.gov (and to obtain a
                                               146,506 applicants for union                            employees.9                                            copy of the Narrative Statement and the
                                               membership reported on the EEO–3                                                                               Supplementary Document, which
                                                                                                         For the Commission.                                  includes details of the proposed
                                               form for 2016.                                            Dated: February 15, 2018.
                                                  The employer burden associated with                                                                         alterations to this system of records).
                                                                                                       Victoria A. Lipnic,                                    SUPPLEMENTARY INFORMATION: This
                                               collecting and storing applicant
                                               demographic data is based on the                        Acting Chair.                                          notice serves to update and amend FCC/
                                               following assumptions: Applicants                       [FR Doc. 2018–03643 Filed 2–21–18; 8:45 am]            OGC–3, Adjudication of Internal
                                               would need to be asked to provide three                 BILLING CODE 6570–01–P                                 Complaints against Employees, as a
                                               pieces of information—sex, race/                                                                               result of an increased use of electronic
                                               ethnicity, and an identification number                                                                        information technology. The substantive
                                               (a total of approximately 13 keystrokes);               FEDERAL COMMUNICATIONS                                 changes and modifications to the
                                               the employer would need to transfer                     COMMISSION                                             previously published version of the
                                               information received to a database                                                                             FCC/OGC–3 system of records include:
                                               either manually or electronically; and                  Privacy Act of 1974; System of                            1. Updating the language in the
                                               the employer would need to store the 13                 Records.                                               Security Classification to follow with
                                               characters of information for each                      AGENCY:  Federal Communications                        OMB guidance.
                                               applicant. Recordkeeping costs and                      Commission.                                               2. Minor changes to the Purposes,
                                               burden are assumed to be the time cost                                                                         Categories of Individuals, and
                                                                                                       ACTION: Notice of a modified system of
                                               associated with entering 13 keystrokes.                                                                        Categories of Records to be consistent
                                                                                                       records.
                                                  Assuming that the required                                                                                  the language and phrasing now used in
                                               recordkeeping takes 30 seconds per                      SUMMARY:   The Federal Communications                  the FCC’s SORNs.
                                               record, and assuming a total of                         Commission (FCC or Commission or                          3. Deletion of two routine uses: (2)
                                               1,878,031,768 paper and electronic                      Agency) has modified an existing                       Public Access since releases under the
                                               applications per year (as calculated                    system of records, FCC/OGC–3,                          FOIA are covered by 5 U.S.C. 552a(b)(2),
                                               above), the total UGESP burden hours                    Adjudication of Internal Complaints                    so a separate routine use for them is not
                                               for all employers would be 7,825,132.                   against Employees, subject to the                      needed; and (6) Employment,
                                               Based on a wage rate of $15.21 per hour                 Privacy Act of 1974, as amended. This                  Clearances, Licensing, Contract, Grant,
                                               for the individuals entering the data, the              action is necessary to meet the                        or other Benefits Decisions by other
                                               collection and storage of applicant                     requirements of the Privacy Act to                     than the agency, and its replacement
                                               demographic data would come to                          publish in the Federal Register notice of              with a new routine use: (5) For Certain
                                               approximately $119,020,258 per year for                 the existence and character of records                 Disclosures to Other Agencies to make
                                               all Title VII-covered employers. We                     maintained by the Agency. The Office of                information available to another Federal
                                                                                                       the General Counsel (OGC) uses the                     agency.
                                                  4 Source: U.S. Department of Education, National     personally identifiable information (PII)                 4. Updating language and/or
                                               Center for Education Statistics, IPEDS, Fall 2015.      in this system for purposes that include,              renumbering seven routine uses: (1)
                                               Number and percentage distribution of Title IV                                                                 Adjudication and Litigation; (2) Law
                                               institutions, by control of institution, level of
                                                                                                       but are not limited to settlement
                                               institution, and region: United States and other U.S.   negotiations with opposing parties and                 Enforcement and Investigation; (3)
                                               jurisdictions, academic year 2015–1 (http://            to prepare for litigation before an                    Congressional Inquiries; (4)
                                               nces.ed.gov/pubsearch/pubsinfo.asp?                     administrative body or a court of                      Government-wide Program Management
                                               pubid=2016122rev).                                                                                             and Oversight; (6) Employment,
                                                  5 EEO–3 Reports filed by referral unions in 2016
                                                                                                       appropriate jurisdiction.
                                               with EEOC.
                                                                                                                                                              Clearances, Licensing, Contract, Grant,
                                                  6 The National Organizations Survey is a survey
                                                                                                          9 See 29 CFR 1607.15A(1): Simplified                or other Benefits Decisions by the FCC;
                                               of business organizations across the United States      recordkeeping for users with less than 100             and (7) Labor Relations.
                                                                                                       employees. In order to minimize recordkeeping
                                               in which the unit of analysis is the actual
                                                                                                       burdens on employers who employ one hundred
                                                                                                                                                                 5. Adding three other new routine
                                               workplace (http://www.icpsr.umich.edu/icpsrweb/                                                                uses: (8) Breach Notification to address
                                                                                                       (100) or fewer employees, and other users not
                                               ICPSR/studies/04074).
                                                                                                       required to file EEO–1, et seq., reports, such users   the Commission’s real or suspected data
daltland on DSKBBV9HB2PROD with NOTICES




                                                  7 The number of applications provided by NOS is
                                                                                                       may satisfy the requirements of this section 15 if     breach situations; (9) Assistance to
                                               35.225 and therefore calculations will not result in    they maintain and have available records showing,
                                               the same total amount due to rounding.                  for each year: (a) The number of persons hired,        Federal Agencies and Entities for
                                                  8 Bureau of Labor Statistics Job Openings and
                                                                                                       promoted, and terminated for each job, by sex, and     assistance with other Federal agencies’
                                               Labor Turnover Survey, 2016 annual level data (Not      where appropriate by race and national origin; (b)     data breach situations; and (10) For
                                               seasonally adjusted), (http://www.bls.gov/jlt/          the number of applicants for hire and promotion by
                                               data.htm) is the source of the original data. The BLS   sex and where appropriate by race and national
                                                                                                                                                              Non-Federal Personnel to allow
                                               figure (62,719,000) has been adjusted to only           origin; and (c) the selection procedures utilized      contractors performing or working on a
                                               include hires by firms with 15 or more employees.       (either standardized or not standardized).             contract for the Federal Government


                                          VerDate Sep<11>2014   20:10 Feb 21, 2018   Jkt 244001   PO 00000   Frm 00068   Fmt 4703   Sfmt 4703   E:\FR\FM\22FEN1.SGM   22FEN1


                                               7722                        Federal Register / Vol. 83, No. 36 / Thursday, February 22, 2018 / Notices

                                               access to information. Routine Uses (8)                   (a) Individuals filing such claims; the             (GAO) for oversight purposes; to the
                                               and (9) are required by OMB                             individuals who are the subjects of such              Department of Justice (DOJ) to obtain
                                               Memorandum m–17–12.                                     claims;                                               that department’s advice regarding
                                                 The system of records is also updated                   (b) Attorneys or representatives of the             disclosure obligations under the
                                               to reflect various administrative changes               claimants and the subjects of the claims;             Freedom of Information Act (FOIA); or
                                               related to the system managers and                        (c) Communication between FCC                       to the Office of Management and Budget
                                               system addresses; policy and practices                  organizational units; and                             (OMB) to obtain that office’s advice
                                               for storage, retrieval, and retention and                 (d) Investigative materials and related             regarding obligations under the Privacy
                                               disposal of the records; administrative,                documentation and decisions involved                  Act.
                                               technical, and physical safeguards; and                 in but not limited to appeals,                           5. For Certain Disclosures to Other
                                               updated notification, records access,                   amendments, and litigation concerning                 Federal Agencies—To disclose
                                               and contesting records procedures.                      such claims.                                          information to a Federal agency, in
                                                                                                                                                             response to its request in connection
                                               System Name and Number                                  ROUTINE USES OF RECORDS MAINTAINED IN THE
                                                                                                                                                             with the hiring or retention of an
                                                                                                       SYSTEM, INCLUDING CATEGORIES OF USERS AND
                                                 FCC/OGC–3, Adjudication of Internal                   THE PURPOSES OF SUCH USES:
                                                                                                                                                             employee, the issuance of a security
                                               Complaints against Employees.                                                                                 clearance, the conducting of a suitability
                                                                                                         In addition to those disclosures                    or security investigation of an
                                               SECURITY CLASSIFICATION:
                                                                                                       generally permitted under 5 U.S.C.                    individual, the classifying of jobs, the
                                                                                                       552a(b) of the Privacy Act, all or a                  letting of a contract, or the issuance of
                                                 No information in this system is                      portion of the records or information
                                               classified.                                                                                                   a license, grant, or other benefit by the
                                                                                                       contained in this system may be                       requesting agency, to the extent that the
                                               SYSTEM LOCATION:                                        disclosed to authorized entities, as is               information is relevant and necessary to
                                                                                                       determined to be relevant and                         the requesting agency’s decision on the
                                                 Office of General Counsel (OGC),
                                                                                                       necessary, outside the FCC as a routine               matter.
                                               Federal Communications Commission
                                                                                                       use pursuant to 5 U.S.C. 552a(b)(3) as                   6. Employment, Clearances,
                                               (FCC), 445 12th Street SW, Washington,
                                                                                                       follows. In each of these cases, the FCC              Licensing, Contract, Grant, or other
                                               DC 20554.
                                                                                                       will determine whether disclosure of                  Benefits Decisions by the Agency—To
                                               SYSTEM MANAGER(S) AND ADDRESS:                          the records is compatible with the                    disclose information to a Federal, State,
                                                 Office of General Counsel (OGC),                      purpose(s) for which the records were                 local, foreign, tribal, or other public
                                               Federal Communications Commission                       collected:                                            agency or authority maintaining civil,
                                                                                                         1. Adjudication and Litigation—To                   criminal, or other relevant enforcement
                                               (FCC), 445 12th Street SW, Washington,
                                                                                                       disclose information to the Department                records, or other pertinent records, or to
                                               DC 20554.
                                                                                                       of Justice (DOJ), or other administrative             another public authority or professional
                                               AUTHORITY FOR MAINTENANCE OF THE SYSTEM:                body before which the FCC is                          organization, if necessary to obtain
                                                  5 U.S.C. 301.                                        authorized to appear, when: (a) The FCC               information relevant to an investigation
                                                                                                       or any component thereof; (b) any                     concerning the hiring or retention of an
                                               PURPOSE(S) OF THE SYSTEM:                               employee of the FCC in his or her                     employee or other personnel action, the
                                                 Staff attorneys in the Office of General              official capacity; (c) any employee of the            issuance or retention of a security
                                               Counsel (OGC) use these records for                     FCC in his or her individual capacity                 clearance, the classifying of jobs, the
                                               purposes including, but not limited to                  where DOJ or the FCC has agreed to                    letting of a contract, or the issuance or
                                               settlement negotiations with opposing                   represent the employee; or (d) the                    retention of a license, grant, or other
                                               parties and to prepare for litigation                   United States is a party to litigation or             benefit by the Commission, to the extent
                                               before an administrative body or a court                has an interest in such litigation, and               that the information is relevant and
                                               of appropriate jurisdiction.                            the use of such records by DOJ or the                 necessary to the requesting agency’s
                                                                                                       FCC is deemed by the FCC to be                        decisions on the matter.
                                               CATEGORIES OF INDIVIDUALS COVERED BY THE                relevant and necessary to the litigation.                7. Labor Relations—To disclose
                                               SYSTEM:                                                   2. Law Enforcement and                              information to officials of labor
                                                 Any FCC employee who files or is the                  Investigation—To disclose pertinent                   organizations recognized under 5 U.S.C.
                                               subject of a complaint investigation                    information to the appropriate Federal,               Chapter 71 upon receipt of a formal
                                               involving internal personnel actions or                 State, or local agency responsible for                request and in accord with the
                                               activities, which include but are not                   investigating, prosecuting, enforcing, or             conditions of 5 U.S.C. 7114 when
                                               limited to discrimination, grievance,                   implementing a statute, rule, regulation,             relevant and necessary to their duties of
                                               political activity, separation, or adverse              or order, where the FCC becomes aware                 exclusive representation concerning
                                               action.                                                 of an indication of a violation or                    personnel policies, practices, and
                                                                                                       potential violation of civil or criminal              matters affecting working conditions.
                                               CATEGORIES OF RECORDS IN THE SYSTEM:                    law or regulation.                                       8. Breach Notification—To
                                                  Information in this system of records                  3. Congressional Inquiries—To                       appropriate agencies, entities, and
                                               involves internal personnel disputes                    provide information to a congressional                persons when: (a) The Commission
                                               that have reached the litigation stage,                 office from the record of an individual               suspects or has confirmed that there has
                                               and may include but are not limited to                  in response to an inquiry from that                   been a breach of the system of records;
                                               correspondence, memoranda,                              congressional office made at the request              (b) the Commission has determined that
                                               transcripts of hearings, briefs, pleadings,             of that individual.                                   as a result of the suspected or confirmed
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                                               investigative reports, and decisions of                   4. Government-wide Program                          breach there is a risk of harm to
                                               hearing examiners and Commissioners.                    Management and Oversight—To                           individuals, the Commission (including
                                                                                                       disclose information to the National                  its information systems, programs, and
                                               RECORD SOURCE CATEGORIES:                               Archives and Records Administration                   operations), the Federal Government, or
                                                 The sources for the information in                    (NARA) for use in its records                         national security; and (c) the disclosure
                                               this system of records include but are                  management inspections; to the                        made to such agencies, entities, and
                                               not limited to:                                         Government Accountability Office                      persons is reasonably necessary to assist


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                                                                           Federal Register / Vol. 83, No. 36 / Thursday, February 22, 2018 / Notices                                                 7723

                                               in connection with the Commission’s                     B/O file cabinets are locked at the end               EXEMPTIONS PROMULGATED FOR THE SYSTEM:
                                               efforts to respond to the suspected or                  of the business day. Access to these                     None.
                                               confirmed breach or to prevent,                         office suites is through card-coded main
                                                                                                                                                             HISTORY:
                                               minimize, or remedy such harm.                          doors. Only authorized OGC and B/O
                                                  9. Assistance to Federal Agencies and                supervisors and staff who are                           The FCC last gave full notice of this
                                               Entities—To another Federal agency or                   responsible for responding to these                   system of records, FCC/OGC–3,
                                               Federal entity, when the Commission                     claims, have access to these paper                    Adjudication of Internal Complaints
                                               determines that information from this                   records.                                              against Employees, by publication in the
                                               system is reasonably necessary to assist                                                                      Federal Register on April 5, 2006 (71 FR
                                                                                                         The electronic records, files, and data
                                               the recipient agency or entity in: (a)                                                                        17234, 17243).
                                                                                                       are housed in the FCC’s computer
                                               Responding to a suspected or confirmed                  network. Access to the electronic files is            Federal Communications Commission.
                                               breach or (b) preventing, minimizing, or                restricted to OGC and B/O staff who are               Marlene H. Dortch,
                                               remedying the risk of harm to                           responsible for responding to such                    Secretary.
                                               individuals, the recipient agency or                    claims, and to the IT staff and                       [FR Doc. 2018–03653 Filed 2–21–18; 8:45 am]
                                               entity (including its information                       contractors who maintain the FCC’s                    BILLING CODE 6712–01–P
                                               systems, program, and operations), the                  computer network. Other FCC
                                               Federal Government, or national                         employees and contractors may be
                                               security, resulting from a suspected or                 granted access on a ‘‘need-to-know’’                  FEDERAL COMMUNICATIONS
                                               confirmed breach.                                       basis. The FCC’s computer network                     COMMISSION
                                                  10. For Non-Federal Personnel—To                     databases are protected by the FCC’s IT               [OMB 3060–0686]
                                               disclose information to contractors                     privacy safeguards, a comprehensive
                                               performing or working on a contract for                 and dynamic set of IT safety and                      Information Collection Being
                                               the Federal Government.                                 security protocols and features that are              Submitted to the Office of Management
                                               REPORTING TO A CONSUMER REPORTING AGENCY:
                                                                                                       designed to meet all Federal IT privacy               and Budget
                                                                                                       standards, including those required by
                                                 In addition to the routine uses cited                 the National Institute of Standards and               AGENCY: Federal Communications
                                               above, the Commission may share                         Technology (NIST) and the Federal                     Commission.
                                               information from this system of records                 Information Security Modernization Act                ACTION: Notice and request for
                                               with a consumer reporting agency                        of 2014 (FISMA).                                      comments.
                                               regarding an individual who has not
                                               paid a valid and overdue debt owed to                   NOTIFICATION PROCESS:                                 SUMMARY:    As part of its continuing effort
                                               the Commission, following the                                                                                 to reduce paperwork burdens, and as
                                                                                                          Individuals wishing to determine                   required by the Paperwork Reduction
                                               procedures set out in the Debt                          whether this system of records contains
                                               Collection Act, 31 U.S.C. 3711(e).                                                                            Act (PRA) of 1995, the Federal
                                                                                                       information about them may do so by                   Communications Commission
                                               POLICIES AND PRACTICES FOR STORING OF                   writing to Leslie F. Smith, Privacy                   (Commission) invites the general public
                                               RECORDS:                                                Manager, Information Technology,                      and other Federal agencies to take this
                                                 Information in this system includes                   Federal Communications Commission,                    opportunity to comment on the
                                               both paper and electronic records. The                  445 12th Street SW, Washington, DC                    following information collection.
                                               paper records, documents, and files are                 20554, or email Leslie.Smith@fcc.gov.                 Comments are requested concerning:
                                               maintained in file cabinets that are                       Individuals must furnish reasonable                Whether the collection of information is
                                               located in OGC and in the bureaus and                   identification by showing any two of the              necessary for the proper performance of
                                               offices (B/Os) of the FCC staff who                     following: Social security card; driver’s             the functions of the Commission,
                                               provide the responses to such claims.                   license; employee identification card;                including whether the information shall
                                               The electronic records, files, and data                 Medicare card; birth certificate; bank                have practical utility; the accuracy of
                                               are stored in the FCC’s computer                        credit card; or other positive means of               the Commission’s burden estimate;
                                               network.                                                identification, or by signing an identity             ways to enhance the quality, utility, and
                                                                                                       statement stipulating that knowingly or               clarity of the information collected;
                                               POLICIES AND PRACTICES FOR RETRIEVAL OF                 willfully seeking or obtaining access to
                                               RECORDS:
                                                                                                                                                             ways to minimize the burden of the
                                                                                                       records about another person under                    collection of information on the
                                                 Records are retrieved by the name of                  false pretenses is punishable by a fine               respondents, including the use of
                                               the subject individual in the                           of up to $5,000.                                      automated collection techniques or
                                               investigation.                                             Individuals requesting access must                 other forms of information technology;
                                               POLICIES AND PRACTICES FOR RETENTION AND                also comply with the FCC’s Privacy Act                and ways to further reduce the
                                               DISPOSAL OF RECORDS:                                    regulations regarding verification of                 information collection burden on small
                                                 Records are retained and disposed of                  identity and access to records (47 CFR                business concerns with fewer than 25
                                               in accordance with the agency records                   part 0, subpart E).                                   employees.
                                               control schedules NC1–173–84–05, Item                                                                           The Commission may not conduct or
                                                                                                       RECORD ACCESS PROCEDURE:                              sponsor a collection of information
                                               3 and N1–173–91–001, Item 6, both of
                                               which have been approved by the                           Individuals wishing to request access               unless it displays a currently valid
                                               National Archives and Records                           to and/or amendment of records about                  control number. No person shall be
                                                                                                       them should follow the Notification                   subject to any penalty for failing to
                                               Administration (NARA).
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                                                                                                       Procedure above.                                      comply with a collection of information
                                               ADMINISTRATIVE, TECHNICAL, AND PHYSICAL                                                                       subject to the PRA that does not display
                                               SAFEGUARDS:                                             CONTESTING RECORD PROCEDURE:                          a valid Office of Management and
                                                  The file cabinets containing paper                     Individuals wishing to request an                   Budget (OMB) control number.
                                               records in this system are maintained in                amendment of records about them                       DATES: Written PRA comments should
                                               file cabinets in ‘‘non-public’’ rooms in                should follow the Notification                        be submitted on or before March 23,
                                               the OGC and B/O suites. The OGC and                     Procedure above.                                      2018.


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Document Created: 2018-02-22 02:51:05
Document Modified: 2018-02-22 02:51:05
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 a modified system of records.
DatesThis action will become effective on February 22, 2018. The routine uses in this action will become effective on March 26, 2018 unless comments are received that require a contrary determination.
ContactLeslie F. Smith, (202) 418-0217, or [email protected] (and to obtain a copy of the Narrative Statement and the Supplementary Document, which includes details of the proposed alterations to this system of records).
FR Citation83 FR 7721 

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