Privacy Act of 1974; System of Records

Published date12 March 2021
Citation86 FR 14110
Record Number2021-05102
SectionNotices
CourtFederal Communications Commission
14110
Federal Register / Vol. 86, No. 47 / Friday, March 12, 2021 / Notices
FEDERAL COMMUNICATIONS
COMMISSION
[FR ID: 17545]
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, Commission, or
Agency) has modified an existing
system of records, FCC/OMD–2, Labor
Relations and Employee Performance
Files, 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
records in this system contain
information on Commission employees
that the Human Resources Management
(HRM) in the Office of Managing
Director (OMD) uses for purposes such
as litigation, law enforcement,
congressional inquiries, labor
organization inquiries, and government-
wide program oversight.
DATES
: This system of records will
become effective on March 12, 2021.
Written comments on the routine uses
are due by April 12, 2021. The routine
uses will become effective on April 12,
2021, unless written comments are
received that require a contrary
determination.
ADDRESSES
: Send comments to Margaret
Drake, at privacy@fcc.gov, 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
privacy@fcc.gov (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
: FCC/
OMB–2 contains information on
Commission employees that the Human
Resources Management (HRM) in the
Office of Managing Director (OMD) uses
for purposes such as litigation, law
enforcement, congressional inquiries,
labor organization inquiries, and
government-wide program oversight.
This notice serves to modify FCC/OMB–
2 to reflect various necessary changes
and updates, including format changes
required by OMB Circular A–108 since
its previous publication and the
addition of two routine uses to address
data breaches, as required by OMB
Memorandum M–17–12. The
substantive changes and modification to
the previously published version of
FCC/OMB–2 system of records include:
1. Updating the Security
Classification to follow OMB and FCC
guidance.
2. Updating the System Location to
show the FCC’s new headquarters
address.
3. Modifying the Categories of
Records to add employee grievances to
the list that currently includes only
employee responses or appeals.
4. Adding the Equal Employment
Opportunity Commission (EEOC) to the
record sources for this system when an
underlying action (e.g., suspension) is
challenged before the EEOC, the EEO-
related records may also be subject to
the governmentwide EEOC SORN.
5. Revising language in four Routine
Uses: (1) Adjudication and Litigation,
(2) Law Enforcement and Investigation,
(3) Congressional Inquiries, and (4)
Government-wide Program Management
and Oversight.
6. Deleting three existing Routine
Uses: (5) Employment, Clearances,
Licensing, Contract, Grant, or other
Benefits Decisions by the agency, (6)
Employment, Clearances, Licensing,
Contract, Grant, or other Benefits
Decisions by other than the agency, and
(7) Labor Relations.
7. Adding four new Routine Uses: (5)
Breach Notification, to allow the FCC
address information breaches at the
Commission; (6) Assistance to Federal
Agencies and Entities, to allow the FCC
to provide assistance to other Federal
agencies in their data breach situations;
(7) For Non-Federal Personnel, to allow
contractors performing or working on a
contract for the Federal Government
access to information in this system;
and (8) Non-FCC Individuals and
Organizations, to disclose information
to individuals, including former FCC
employees, and organizations, to obtain
information pertinent to an
investigation or proceeding. New
Routine Uses (5) and (6) are required by
OMB Memorandum M–17–12.
8. Replacing the Disclosures to
Consumer Reporting section with a new
Reporting to a Consumer Reporting
Agency section to address valid and
overdue debts owed by individuals to
the FCC under the Debt Collection Act,
as recommended by OMB.
9. Modifying the Policies and
Practices for Retrieval of Records to add
the employee name as a retrieval metric
and, when applicable, examining case
logs will disclose an employee’s name
associated with a case number.
10. Updating the Records Retention
and Disposal section with a new
National Archives and Records (NARA)
General Records Schedule (GRS) 2.3
(DAA–GRS–2018–0002).
10. Adding a History section
referencing the previous publication of
this SORN in the Federal Register, as
required by OMB Circular A–108.
The system of records is also updated
to reflect various administrative changes
related to the policy and practices for
storage of the information;
administrative, technical, and physical
safeguards; and updated notification,
records access, and procedures to
contest records.
SYSTEM NAME AND NUMBER
:
FCC
/
OMD
2
,
LABOR RELATIONS AND EMPLOYEE
PERFORMANCE FILES
SECURITY CLASSIFICATION
:
Unclassified.
SYSTEM LOCATION
:
Human Resources Management
(HRM), Office of Managing Director
(OMD), Federal Communications
Commission (FCC), 45 L Street NE,
Washington, DC, 20554.
SYSTEM MANAGER
(
S
):
Human Resources Management
(HRM), Office of Managing Director
(OMD), Federal Communications
Commission (FCC).
AUTHORITY FOR MAINTENANCE OF THE SYSTEM
:
5 U.S.C. 35, 43, 61, 63, 71, 73, 75, and
77.
PURPOSE
(
S
):
These records contain information on
Commission employees for purposes
such as litigation, law enforcement,
congressional inquiries, labor
organization inquiries, and government-
wide program oversight.
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM
:
Current and former Federal
Communications Commission (FCC)
employees.
CATEGORIES OF RECORDS IN THE SYSTEM
:
This system contains a variety of
records relating to formal and informal
actions based on conduct or
performance and also includes files
dealing with grievances filed under the
negotiated or administrative grievance
procedures, requests for
reconsideration, arbitrations, appeals,
and miscellaneous inquiries and
complaints. These records may include:
1. Case number, employee name,
Social Security Number, grade, job title,
and employment history; and
2. Copies of notices of proposed
actions; materials relied on by the
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Federal Register / Vol. 86, No. 47 / Friday, March 12, 2021 / Notices
agency to support the proposed action;
statements of witnesses; employee
grievances, responses, or appeals;
transcripts; and agency decisions.
RECORD SOURCE CATEGORIES
:
This system of records includes
information provided by an individual
on whom the record is maintained;
testimony of witnesses, supervisors and
managers, and union officials; and
decisions by arbitrators and other third-
parties, e.g., Department of Labor, Equal
Employment Opportunity Commission,
Federal Labor Relations Authority, and
Merit System Protection Board.
ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM
,
INCLUDING CATEGORIES OF USERS AND
THE PURPOSES OF SUCH USE
:
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.
1. Adjudication and Litigation—To
disclose information to the Department
of Justice (DOJ), or to other
administrative or adjudicative bodies
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 the DOJ
or the FCC have 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 the 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, local, or tribal 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 written
request of that individual.
4. Government-wide Program
Management and Oversight—To
disclose information to the U.S.
Treasury to disburse payment
determination information to pay a
claimant once the compensation
decision has been reached; 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. Breach Notification—To
appropriate agencies, entities, and
persons when: (a) The Commission
suspects or has confirmed that there has
been a breach of data 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
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 the Commission’s
efforts to respond to the suspected or
confirmed breach or to prevent,
minimize, or remedy such harm.
6. 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, programs, and operations), the
Federal Government, or national
security, resulting from a suspected or
confirmed breach.
7. For Non-Federal Personnel—To
disclose information to non-Federal
personnel, i.e., contractors, performing
or working on a contract in connection
with human resources management
and/or IT services for the Federal
Government, who may require access to
this system of records.
8. Non-FCC Individuals and
Organizations—To disclose information
to individuals, including former FCC
employees, and organizations, in the
course of an investigation or proceeding
to the extent necessary to obtain
information pertinent to the
investigation or proceeding.
REPORTING TO A CONSUMER REPORTING
AGENCIES
:
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 STORAGE 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 OMD. The electronic records,
files, and data are stored in the FCC’s
computer network.
POLICIES AND PRACTICES FOR RETRIEVAL OF
RECORDS
:
These records are retrieved
preliminarily by case number or
employee name. Where applicable, an
examination of case logs will disclose
the name of an employee associated
with a case number.
POLICIES AND PRACTIES FOR RETENTION AND
DISPOSAL OF RECORDS
:
Records in this system are subject to
General Records Schedule 2.3 (DAA–
GRS–2018–0002). Disposal is by
shredding or burning for paper files and
deletion for electronic files.
ADMINISTRATIVE
,
TECHNICAL
,
AND PHYSICAL
SAFEGUARDS
:
The electronic records, files, and data
are stored within FCC accreditation
boundaries and maintained in a
database housed in the FCC’s computer
network databases. Access to the
electronic files is restricted to
authorized OMD 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
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 IT privacy
standards, including those required by
the Federal Information Security
Modernization Act of 2014 (FISMA), the
Office of Management and Budget
(OMB), and the National Institute of
Standards and Technology (NIST).
Paper records are kept in file cabinets in
non-public rooms in the OMD office
suite. The file cabinets are locked at the
end of the day, or when not in use.
Access to these office suites is through
card-coded doors. The access points to
these offices are also monitored. Only
authorized OMD supervisors and staff
have access to these paper records.
RECORD ACCESS PROCEDURES
:
Individuals wishing to request access
to and/or amendment of records about
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Federal Register / Vol. 86, No. 47 / Friday, March 12, 2021 / Notices
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 PROCEDURE
:
Individuals wishing to determine
whether this system of records contains
information about themselves may do so
by writing 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 CLAIMED FOR THE SYSTEM
:
None.
HISTORY
:
The FCC previously gave full notice of
FCC/OMD–2, Labor Relations and
Employee Performance Files, by
publication in the Federal Register on
April 5, 2006 (71 FR 17248).
Federal Communications Commission.
Marlene Dortch,
Secretary.
[FR Doc. 2021–05102 Filed 3–11–21; 8:45 am]
BILLING CODE 6712–01–P
FEDERAL ELECTION COMMISSION
Sunshine Act Meeting
TIME AND DATE
: Thursday, March 11,
2021 at 10:00 a.m.
PLACE
: Virtual meeting. Note: Because of
the COVID–19 pandemic, we will
conduct the open meeting virtually. If
you would like to access the meeting,
see the instructions below.
STATUS
: This meeting will be open to the
public. To access the virtual meeting, go
to the commission’s website
www.fec.gov and click on the banner to
be taken to the meeting page.
MATTERS TO BE CONSIDERED
:
Draft Interpretive Rule: Possible Use of
Campaign Funds for Residential and
Personal Security
Draft Advisory Opinion 2021–03:
National Republican Senatorial
Committee (NRSC) and National
Republican Congressional Committee
(NRCC)
Draft Advisory Opinion 2021–01:
Aluminate, Inc.
Audit Division Recommendation
Memorandum on Dr. Raul Ruiz for
Congress (A19–03)
Audit Division Recommendation
Memorandum on the Grassroots
Victory PAC (A19–14)
Proposed Final Audit Report on the
National Tooling & Machining
Association (NTMA) Committee for a
Strong Economy (A19–10)
Proposed Final Audit Report on Van
Drew for Congress (A19–04)
Management and Administrative
Matters
CONTACT PERSON FOR MORE INFORMATION
:
Judith Ingram, Press Officer, Telephone:
(202) 694–1220.
Authority: Government in the Sunshine
Act, 5 U.S.C. 552b.
Submitted: March 4, 2021.
Laura E. Sinram,
Acting Secretary and Clerk of the
Commission.
[FR Doc. 2021–04906 Filed 3–5–21; 11:15 am]
BILLING CODE 6715–01–P
FEDERAL RESERVE SYSTEM
Change in Bank Control Notices;
Acquisitions of Shares of a Bank or
Bank Holding Company
The notificants listed below have
applied under the Change in Bank
Control Act (Act) (12 U.S.C. 1817(j)) and
§ 225.41 of the Board’s Regulation Y (12
CFR 225.41) to acquire shares of a bank
or bank holding company. The factors
that are considered in acting on the
applications are set forth in paragraph 7
of the Act (12 U.S.C. 1817(j)(7)).
The public portions of the
applications listed below, as well as
other related filings required by the
Board, if any, are available for
immediate inspection at the Federal
Reserve Bank(s) indicated below and at
the offices of the Board of Governors.
This information may also be obtained
on an expedited basis, upon request, by
contacting the appropriate Federal
Reserve Bank and from the Board’s
Freedom of Information Office at
https://www.federalreserve.gov/foia/
request.htm. Interested persons may
express their views in writing on the
standards enumerated in paragraph 7 of
the Act.
Comments regarding each of these
applications must be received at the
Reserve Bank indicated or the offices of
the Board of Governors, Ann E.
Misback, Secretary of the Board, 20th
Street and Constitution Avenue NW,
Washington DC 20551–0001, not later
than March 26, 2021.
A. Federal Reserve Bank of
Minneapolis (Chris P. Wangen,
Assistant Vice President), 90 Hennepin
Avenue, Minneapolis, Minnesota
55480–0291:
1. This corrects the previous
notification relating to Jerome M. Bauer
and Susanne M. Bauer, both of Durand,
Wisconsin; to acquire voting shares of
Security Financial Services Corporation,
and thereby indirectly acquire voting
shares of Security Financial Bank, both
of Durand, Wisconsin, and Jackson
County Bank, Black River Falls,
Wisconsin.
In addition, Jerome M. Bauer,
Susanne M. Bauer, Tad M. Bauer, Jodi
N. Bauer, Timothy A. Hoffman, Julie M.
Hoffman, Janice M. Spindler, and
Steven R. Spindler, all of Durand,
Wisconsin; the Chad W. and Amanda S.
Smith Revocable Grantor Trust,
Amanda S. Smith, both of Eau Galle,
Wisconsin, individually, and together
with Chad W. Smith, as co-trustees,
Durand, Wisconsin; the James M. and
Linda M. Bauer Revocable Grantor
Trust, James M. Bauer and Linda M.
Bauer, as co-trustees, the John J. and
Mary Jane Brantner Revocable Grantor
Trust, John J. Brantner and Mary Jane
Brantner, as co-trustees, and the Larry J.
and Marcia J. Weber Revocable Grantor
Trust, Larry J. Weber, as trustee, all of
Durand, Wisconsin; as a group acting in
concert, to retain voting shares of
Security Financial Services Corporation,
and thereby indirectly retain voting
shares of Security Financial Bank and
Jackson County Bank.
Board of Governors of the Federal Reserve
System, March 9, 2021.
Michele Taylor Fennell,
Deputy Associate Secretary of the Board.
[FR Doc. 2021–05197 Filed 3–11–21; 8:45 am]
BILLING CODE P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Centers for Disease Control and
Prevention
[60Day–21–21AT; Docket No. CDC–2021–
0027]
Proposed Data Collection Submitted
for Public Comment and
Recommendations
AGENCY
: Centers for Disease Control and
Prevention (CDC), Department of Health
and Human Services (HHS).
ACTION
: Notice with comment period.
SUMMARY
: The Centers for Disease
Control and Prevention (CDC), as part of
its continuing effort to reduce public
burden and maximize the utility of
government information, invites the
general public and other Federal
agencies the opportunity to comment on
a proposed and/or continuing
information collection, as required by
the Paperwork Reduction Act of 1995.
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