SUPPLEMENTARY INFORMATION:

This notice serves to modify FCC/CGB-3 to make various necessary changes and updates. The substantive changes and modifications to the previously published version of the FCC/CGB-3 system of records include:

1. Modifying the language in the Purposes of the System, Categories of Individuals Covered by the System, and Categories of Records in the System to reflect the collection and maintenance of information necessary to identify any waste, fraud, or abuse in the program and to identify prior misconduct by program participants for purposes of a suspension and debarment action;

2. Modifying the Categories of Records to reflect the system includes suspension and debarment history and current status of individuals who participate in the NDBEDP;

3. Adding two new routine uses (listed by the routine use number provided in this notice): (12) Prevention of Fraud, Waste, and Abuse Disclosure; and (13) Suspension and Debarment Disclosure; and

4. Updating and revising language in the following routine use (listed by the routine use number provided in this notice): (4) Law Enforcement and Investigation.

( printed page 66142)

SYSTEM NAME AND NUMBER:

FCC/CGB-3, National Deaf-Blind Equipment Distribution Program (NDBEDP).

SECURITY CLASSIFICATION:

Unclassified.

SYSTEM LOCATION:

Consumer and Governmental Affairs Bureau (CGB), FCC, 45 L Street NE, DC 20554.

SYSTEM MANAGER:

CGB, FCC, 45 L Street NE, Washington, DC 20554.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:

47 U.S.C. 154, 201, 218, 222, 225, 226, 228, 254(k), and 620; Telecommunications Act of 1996, Public Law 014-104, 110 Stat. 56; Twenty-First Century Communications and Video Accessibility Act of 2010, as amended, Public Law 111-265, 124 Stat 2795.

PURPOSES OF THE SYSTEM:

This system collects records submitted by the certified equipment distribution program in each state, as required by the NDBEDP, to maintain each state's certification to participate in this program. Collecting and maintaining the required types of information allows staff access to documents necessary for key activities discussed in this SORN, including maintaining information regarding certified program participants; analyzing effectiveness and efficiency of this and related FCC programs; informing future rule and policy-making activity; identifying any waste, fraud, and abuse in the program; identifying prior misconduct of program participants for purposes of a suspension or debarment action; and improving staff efficiency. Records in this system are available for public inspection, e.g., in response to requests under the Freedom of Information Act (FOIA), after redaction of information that could identify a complainant or correspondent, such as the complainant's name, address, telephone number, fax number, and/or email address.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:

1. Individuals who request or receive the NDBEDP equipment;

2. Individuals who attest to the disability of the individual receiving the NDBEDP equipment and/or matters related to the eligibility requirements, qualifications, and regulations, etc., for those seeking to participate in the NDBEDP;

3. Individuals who may file complaints, and parties named in or involved with the complaint, including, but not limited to, both formal and informal complaints, and inquiries on behalf of themselves or NDBEDP participants and matters related to NDBEDP rules and regulations;

4. Individuals, including points of contact for and those who certify on behalf of entities, that participate in the NDBEDP; and

5. Certain non-Federal personnel performing services or activities related to this system of records, including, but not limited to, representatives of equipment distribution programs.

CATEGORIES OF RECORDS IN THE SYSTEM:

1. The name and contact information, including street address, email address, and phone number for the individuals requesting or receiving the NDBEDP equipment;

2. The name and contact information, including street and email addresses, phone number(s), and fax number(s) for the individuals attesting to the disability of the individual who is deaf-blind;

3. Other miscellaneous PII related to the individuals who participate in this program, e.g., response data for equipment requests, users' complaints, evaluation of the users' needs, user training data, outreach activities, equipment request denial data, and medical attestations or records regarding disability qualifications and eligibility requirements;

4. The name and contact information, including street and email addresses, phone number(s), and fax number(s) for certain non-Federal personnel performing services or activities related to this system of records, including, but not limited to, representatives of equipment distribution programs;

5. Suspension and debarment history and current status, as well as history of misconduct of individuals (including points of contact for and those who certify on behalf of entities) who participate in the NDBEDP;

6. The name and contact information, including street and email addresses, phone number(s), and fax number(s) for individuals who make or have made formal and informal complaints and inquiries (including related supporting information), and parties named in or involved with the complaint or inquiry, in any format (including but not limited to paper, telephone, TTY, recording, Braille, and electronic submissions, such as email, internet, etc.) on behalf of themselves or NDBEDP participants; and

7. Commission correspondence, e.g., letters and related communications regarding formal and informal complaints and inquiries (which may include PII and related information) that pertain to the NDBEDP programs, NDBEDP participants, involved parties, and the certification and participation of each entity approved by the Commission to participate in the NDBEDP.

RECORD SOURCE CATEGORIES:

Information in this system is provided by individuals who request or receive the NDBEDP equipment; individuals, groups, and other entities who attest to the disability of the individual requesting or receiving the equipment; individuals, including points of contact for and those who certify on behalf of entities, that participate in NDBEDP; and other individuals, groups, and other entities who have a connection to the NDBEDP and its participants, e.g., those filing or involved with formal and informal complaints or inquiries on behalf of the participants or otherwise performing services or activities related to this system of records.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES OF USERS AND THE PURPOSES OF SUCH USES:

Information about individuals in this system of records may routinely be disclosed under the following conditions:

1. Formal or Informal Complaints—When a record in this system involves a formal or informal complaint, and/or inquiry filed against an NDBEDP certified program and related entities, the complaint or inquiry may be forwarded to the subject certified program for that state, the appropriate State and Federal medical boards, certifying associations, and related groups, and personal physicians (who may determine whether an individual meets the eligibility criteria for participation in the NDBEDP) for a response.

2. Medical Records—A medical attestation or record (including but not limited to third-party attestations, certifications, and declarations of disability) from this system may be disclosed to appropriate entities, including, but not limited to, the subject certified program for that state, the appropriate State and Federal medical boards, certifying associations, and related groups, and personal physicians for the purposes of determining whether an individual meets the eligibility criteria of being deaf-blind required to participate in the NDBEDP.

3. Income Eligibility Records—A record from this system may be disclosed to appropriate entities, ( printed page 66143) including but not limited to the subject certified program for that state, as well as the appropriate State and Federal certifying boards and authorities, for the purposes of determining whether an individual meets the income eligibility criteria required to participate in the NDBEDP.

4. Law Enforcement and Investigation—When the FCC investigates any violation or potential violation of a civil or criminal law, regulation, policy, executed consent decree, order, or any other type of compulsory obligation and determines that a record in this system, either alone or in conjunction with other information, indicates a violation or potential violation of law, regulation, policy, consent decree, order, or other compulsory obligation, the FCC may disclose pertinent information as it deems necessary to the target of an investigation, as well as with the appropriate Federal, State, local, Tribal, international, or multinational agencies, or a component of such an agency, responsible for investigating, prosecuting, enforcing, or implementing a statute, rule, regulation, order, or other compulsory obligation.

5. Litigation—Records may be disclosed to the Department of Justice (DOJ) when: (a) the FCC or any component thereof; (b) any employee of the FCC in his or her official capacity; (c) any employee of the FCC in his or her individual capacity where the DOJ or the FCC 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 by careful review, the FCC determines that the records are both relevant and necessary to the litigation, and the use of such records by the DOJ is for a purpose that is compatible with the purpose for which the FCC collected the records.

6. Adjudication—Records may be disclosed in a proceeding before a court or adjudicative body, when: (a) the FCC or any component thereof; or (b) any employee of the FCC in his or her official capacity; or (c) any employee of the FCC in his or her individual capacity; or (d) the United States Government, is a party to litigation or has an interest in such litigation, and by careful review, the FCC determines that the records are both relevant and necessary to the litigation, and that the use of such records is for a purpose that is compatible with the purpose for which the agency collected the records.

7. Congressional Inquiries—Information may be provided to a Congressional office in response to an inquiry from that Congressional office made at the written request of the individual to whom the information pertains.

8. Government-wide Program Management and Oversight—Records may be disclosed 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.

9. Breach Notification—Records may be disclosed to appropriate agencies, entities, and persons when: (a) the Commission suspects or has confirmed that there has been a breach of PII maintained in the system of records; (b) the Commission has determined that as a result of the suspected or confirmed breach there is a risk of harm to individuals, the Commission (including its information system, programs, and operations), the Federal Government, or national security; and (c) the disclosure made to such agencies, entities, and persons is reasonably necessary to assist in connection with the Commission's efforts to respond to the suspected or confirmed breach or to prevent, minimize, or remedy such harm.

10. Assistance to Federal Agencies and Entities Related to Breaches—Records may be disclosed 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.

11. Non-Federal Personnel—Records may be disclosed to non-Federal personnel, including contractors, other vendors ( e.g., identity verification services), grantees, and volunteers who have been engaged to assist the FCC in the performance of a contract, service, grant, cooperative agreement, or other activity related to this system of records and who need to have access to the records in order to perform their activity.

12. Prevention of Fraud, Waste, and Abuse Disclosure—Records may be disclosed to Federal agencies, non-Federal entities, their employees, and agents (including contractors, their agents or employees; employees or contractors of the agents or designated agents); or contractors, their employees or agents with whom the FCC has a contact, service agreement, cooperative agreement, or computer matching agreements for the purpose of: (1) detection, prevention, and recovery of improper payments; (2) detection and prevention of fraud, waste, and abuse in Federal programs administered by a Federal agency or non-Federal entity; (3) detection of fraud, waste, and abuse by individuals in their operations and programs, but only to the extent that the information shared is necessary and relevant to verify pre-award and prepayment requirements prior to the release of Federal funds, prevent and recover improper payments for services rendered under programs of the FCC or of those Federal agencies and non-Federal entities to which the FCC provides information under this routine use.

13. Suspension and Debarment Disclosure—The FCC may disclose information from this system to other Federal agencies considering suspension or debarment action if the information is relevant to the suspension and debarment action.

POLICIES AND PRACTICES FOR STORAGE OF RECORDS:

This electronic system of records resides on the FCC's network or on an FCC vendor's network.

POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:

Records in this system of records can be retrieved by any category field, e.g., the individual's contact information, including the individual's name(s), street address, email address(es), landline phone and cell phone number(s), complainant(s), and description fields.

POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:

The information in this system is maintained and disposed of in accordance with the National Archives and Records Administration (NARA) General Records Schedule DAA-0173-2017-0002.

ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:

The electronic records, files, and data are stored within FCC or a vendor's accreditation boundaries and maintained in a database housed in the FCC's or vendor's computer network databases. Access to the electronic files is restricted to authorized employees and contractors; and to IT staff, contractors, and vendors who maintain the IT networks and services. Other employees and contractors may be granted access on a need-to-know basis. ( printed page 66144) The electronic files and records are protected by the FCC and third-party privacy safeguards, a comprehensive and dynamic set of IT safety and security protocols and features that are designed to meet all Federal privacy standards, including those required by the Federal Information Security Modernization Act of 2014 (FISMA), OMB, and the National Institute of Standards and Technology (NIST).

RECORD ACCESS PROCEDURES:

Individuals wishing to request access to and/or amendment of records about themselves should follow the Notification Procedure below.

CONTESTING RECORD PROCEDURES:

Individuals wishing to request access to and/or amendment of records about themselves should follow the Notification Procedure below.

NOTIFICATION PROCEDURES:

Individuals wishing to determine whether this system of records contains information about themselves may do so by writing to privacy@fcc.gov. Individuals requesting access must also comply with the FCC's Privacy Act regulations regarding verification of identity to gain access to records as required under 47 CFR Part 0, subpart E.

EXEMPTIONS PROMULGATED FOR THE SYSTEM:

None.

HISTORY:

88 FR 60451 (Sept. 1, 2023).