Privacy Act of 1974; System of Records

• Citation: 86 FR 41845
• Published date: 03 August 2021
• FR Document: 2021-16511
• Pages: 41845-41847
• Section: Notices
• Issuer: Federal Communications Commission

Federal Register, Volume 86 Issue 146 (Tuesday, August 3, 2021)

[Federal Register Volume 86, Number 146 (Tuesday, August 3, 2021)]
                [Notices]
                [Pages 41845-41847]
                From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
                [FR Doc No: 2021-16511]
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                FEDERAL COMMUNICATIONS COMMISSION
                [FR ID: 40816]
                Privacy Act of 1974; System of Records
                AGENCY: Federal Communications Commission.
                ACTION: Notice of a modified System of Records.
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                SUMMARY: The Federal Communications Commission (FCC or Commission or
                Agency) has modified an existing system of records, FCC/PSHSB-1, FCC
                Emergency and Continuity Alerts and Contacts System (ECACS), 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 FCC's Public Safety and Homeland Security Bureau (PSHSB)
                uses the information in ECACS to prepare for and coordinate crisis
                response activities wherever they occur in the United States and its
                territories. The FCC is modifying FCC/PSHSB-1 to add information it
                will use to alert the designated emergency contacts of Commission staff
                of an emergency involving the FCC or a staff member.
                DATES: This action will become effective on August 3, 2021. Written
                comments on the system's routine uses are due by September 2, 2021. The
                routine uses in this action will become effective on September 2, 2021
                unless written comments are received that require a contrary
                determination.
                ADDRESSES: Send comments to Margaret Drake, at [email protected], or at
                Federal Communications Commission (FCC), 45 L Street, NE, Washington,
                DC 20554 at (202) 418-1707.
                FOR FURTHER INFORMATION CONTACT: Margaret Drake, (202) 418-1707, or
                [email protected] (and to obtain a copy of the Narrative Statement and
                the Supplementary Document, which includes details of the modifications
                to this system of records).
                SUPPLEMENTARY INFORMATION: The FCC's Public Safety and Homeland
                Security Bureau (PSHSB) uses the information in ECACS to prepare for
                and coordinate crisis response activities wherever they occur in the
                United States and its territories. This notice serves to update and
                modify FCC/PSHSB-1 to add the personally identifiable information (PII)
                of Commission staff in the form of contact information and emergency
                contacts. The substantive changes and modifications to the previously
                published version of the FCC/PSHSB-1 system of records include:
                 1. Updating the Security Classification to follow OMB and FCC
                guidance.
                 2. Updating the Purposes for clarity and to include contacting the
                emergency contacts designated by FCC staff in case of an emergency
                involving a staff member.
                 3. Updating the Categories of Individuals to include emergency
                contacts designated by FCC staff.
                 4. Updating the Categories of Records to remove information that is
                no longer collected by this system and to include contact information
                for FCC employees' emergency contacts.
                 5. Updating the System Location to show the FCC's new headquarters
                address.
                 6. Adding two new Routine Uses: (1) FCC Program Management, to
                allow designated FCC staff to access the information in connection with
                the management and operation of a safe workplace, and (9) Non-Federal
                Personnel, to allow contractors performing or working on a contract for
                the Federal Government access to information in this system.
                [[Page 41846]]
                 7. Revising three Routine Uses: (3) Law Enforcement and
                Investigation to include components of agencies; (5) Government-Wide
                Program Management and Oversight to remove references to federal
                agencies for which the Privacy Act already includes exceptions, see 5
                U.S.C. 552a(6) and (10); and (10) Test Partners to include other
                federal agencies that will collaborate with the FCC on Wireless
                Emergency Alerts.
                 8. Removing one Routine Use: Contracted Third Parties and replacing
                it with a new Routine Use (9) Non-Federal Personnel.
                 The system of records is also updated to reflect various
                administrative changes related to the system address; administrative,
                technical, and physical safeguards; and updated notification, records
                access, and procedures to contest records.
                SYSTEM NAME AND NUMBER:
                 FCC/PSHSB-1, FCC Emergency and Continuity Alerts and Contacts
                System (ECACS).
                SECURITY CLASSIFICATION:
                 Unclassified.
                SYSTEM LOCATION:
                 Public Safety and Homeland Security Bureau (PSHSB), Federal
                Communications Commission (FCC), 45 L Street, NE, Washington, DC,
                20554.
                SYSTEM MANAGER(S):
                 Public Safety and Homeland Security Bureau (PSHSB), Federal
                Communications Commission (FCC).
                AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
                 Executive Order 12472, Assignment of National Security and
                Emergency Preparedness Telecommunications Functions, April 3, 1984, as
                amended February 28, 2003 and June 26, 2006; Presidential Decision
                Directive 67, Enduring Constitutional Government and Continuity of
                Government Operations, October 21, 1998; Homeland Security Act of 2002,
                6 U.S.C. 101 et seq., November 25, 2002; National Security Presidential
                Directive 51/Homeland Security Presidential Directive 20, National
                Continuity Policy, May 9, 2007; National Communications System
                Directive 3-10, Minimum Requirements for Continuity Communications
                Capabilities, July 25, 2007; National Continuity Policy Implementation
                Plan, Homeland Security Council, August 2007; Federal Continuity
                Directive 1, Federal Executive Branch National Continuity Program and
                Requirements, February 2008; Federal Continuity Directive 2, Federal
                Executive Branch Mission Essential Function and Primary Mission
                Essential Function Identification and Submission Process, February
                2008.
                PURPOSE(S) OF THE SYSTEM:
                 The FCC uses the records in this system to:
                 1. Respond to and coordinate activities such as emergencies and
                crisis management actions, responses, and related functions, including
                contacting FCC staff and their designated emergency contacts and using
                an automated telephone, text, and email system;
                 2. Manage and maintain the contact and response system for FCC
                staff for coordinating Continuity of Operations Plan (COOP) actions and
                related functions;
                 3. Conduct voluntary surveys evaluating the effectiveness of
                Wireless Emergency Alerts (WEA) and other related emergency
                notification systems, functions, and activities.
                CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
                 The categories of individuals in this system include:
                 1. FCC staff and their designated emergency contacts.
                 2. Federal Government contacts; State, Tribal, Territorial, Local
                Government and private sector contacts; and individuals representing
                institutions, organizations, and other groups engaged in crisis
                management and emergency preparedness functions, activities, and
                actions.
                 3. FCC staff who are members of the Bureau and Office (B/O)
                Emergency Response Group (ERG), Devolution Emergency Response Group
                (DERG), and FCC and B/O lines of succession.
                 4. Individuals who volunteer to participate in PSHSB surveys for
                WEA.
                CATEGORIES OF RECORDS IN THE SYSTEM:
                 The records in this system include personal and business contact
                information, such as phone number, fax number, email address, physical
                address. Records also include survey information, such as the
                individual respondents' identification numbers, email addresses, street
                addresses (street, city, state, and zip code) at the location that the
                individual responds to the survey, and other information that PSHSB
                will collect, such as the type of device, operating system, and
                wireless service provider.
                RECORD SOURCE CATEGORIES:
                 FCC employees and contractors, Federal Government, State, Tribal,
                Territorial, Local Government, and private sector contacts representing
                institutions and organizations with crisis management and emergency
                preparedness functions, as well as survey respondents' inputs
                transmitted through their wireless devices, or through other means of
                communication.
                ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
                OF USERS AND PURPOSES OF SUCH USES:
                 In addition to those disclosures generally permitted under section
                552a(b) of the Privacy Act, all or a portion of the records or
                information contained in this system may be disclosed to authorized
                entities, as is determined to be relevant and necessary, outside the
                FCC, as a routine use pursuant to 5 U.S.C. 552a(b)(3) as follows.
                 1. FCC Program Management--A record from this system may be
                accessed and used by the FCC's Office of Managing Director or
                supervisory staff in their duties associated with the management and
                operation of a safe workplace. This information may be used to notify
                staff and their designated emergency contacts of an emergency situation
                involving the FCC or a staff member.
                 2. Adjudication and Litigation--To disclose information to the
                Department of Justice (DOJ), or to a court or adjudicative body before
                which the FCC is authorized to appear, 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 where the DOJ or the FCC have agreed to represent
                the employee; or (d) the United States is a party to litigation or have
                an interest in such litigation, and the use of such records by the DOJ
                or the FCC is deemed by the FCC to be relevant and necessary to the
                litigation.
                 3. Law Enforcement and Investigation--To disclose pertinent
                information to the appropriate Federal, State, and/or local agency, or
                component of an agency, such as the FCC's Enforcement Bureau,
                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.
                 4. Congressional Inquiries--To provide information to a
                Congressional office from the record of an individual in response to an
                inquiry from that Congressional office made at the written request of
                that individual.
                 5. Government-Wide Program Management and Oversight--To disclose
                information to the Department of Justice (DOJ) to obtain that
                department's advice regarding
                [[Page 41847]]
                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.
                 6. Labor Relations--To officials of labor organizations recognized
                under 5 U.S.C. 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.
                 7. 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 in connection
                with Commission efforts to respond to the suspected or confirmed breach
                or to prevent, minimize, or remedy such harm.
                 8. 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.
                 9. Non-Federal Personnel--To disclose information to non-federal
                personnel, including contractors, 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.
                 10. Test Partners--To PSHSB's test partner entities, including
                other federal agencies, who help plan, conduct, and analyze the results
                of tests used to evaluate the effectiveness of WEA.
                REPORTING TO A CONSUMER REPORTING AGENCY:
                 In addition to the routine uses listed above, the Commission may
                share information from this system of records with a consumer reporting
                agency regarding an individual who has not paid a valid and overdue
                debt owed to the Commission, following the procedures set out in the
                Debt Collection Act, 31 U.S.C. 3711(e).
                POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
                 Information in ECACS consists of electronic data, files, and
                records, which are housed in the FCC's computer network databases, and
                paper documents, files, and records, which are stored in file cabinets
                in the PSHSB office suite.
                POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
                 Information in the Emergency Contacts and the COOP Contacts
                databases is retrieved by searching any field in the respective
                database(s).
                POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
                 The FCC maintains and disposes of these records in accordance with
                the requirements of the General Records Schedules (GRS) issued by the
                National Archives and Records Administration (NARA) as follows:
                 GRS 5.3, Disposition Authorities:
                 Item 010: DAA-GRS-2016-0004-0001: Continuity planning and related
                emergency planning files; and
                 Item 020: DAA-GRS-2016-0004-0002: Employee emergency contact
                information.
                 GRS 4.1, Disposition Authority: Item 030: DAA-GRS-2013-0002-0008:
                Vital or essential records program records.
                ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
                 1. The electronic records, data, and files are stored within FCC
                accreditation boundaries and maintained in a database housed in the FCC
                computer network databases. Access to the electronic files is
                restricted to authorized Commission employees and contractors; and to
                IT staff, contractors, and vendors who maintain the IT networks and
                services. Other FCC employees and contractors may be granted access on
                a need-to-know basis. The FCC's electronic files and records 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 National Institute of Standards and Technology (NIST),
                the Office of Management and Budget (OMB), and the Federal Information
                Security Modernization Act of 2014 (FISMA).
                 2. There are a limited number of paper documents, files, and
                records, which are stored in file cabinets in the FCC Operations Center
                and continuity sites. These cabinets are locked when not in use and/or
                at the end of the business day. All access points for these locations
                are monitored.
                 3. PSHSB's Test Partners and contractors will not have direct
                access to the FCC's computer network or information systems; however,
                PSHSB will provide the Test Partners data necessary to evaluate the
                effectiveness of WEA. The Test Partners will be required to implement
                privacy safeguards against the disclosure of electronic data and paper
                document files provided by the FCC.
                RECORD ACCESS PROCEDURES:
                 Individuals wishing to request access to and/or amendment of
                records about them should follow the Notification Procedure below.
                CONTESTING RECORD PROCEDURES:
                 Individuals wishing to request an amendment of records about them
                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
                [email protected]. Individuals requesting access must also comply with
                the FCC's Privacy Act regulations regarding verification of identity to
                gain access to records as required under 47 CFR part 0, subpart E.
                EXEMPTIONS PROMULGATED FOR THE SYSTEM:
                 None.
                HISTORY:
                 The FCC last gave full notice of this system of records, FCC/PSHSB-
                1, by publication in the Federal Register on April 24, 2020 (85 FR
                23024).
                Federal Communications Commission.
                Marlene Dortch,
                Secretary.
                [FR Doc. 2021-16511 Filed 8-2-21; 8:45 am]
                BILLING CODE 6712-01-P