[Federal Register Volume 89, Number 7 (Wednesday, January 10, 2024)]
[Notices]
[Pages 1572-1574]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-00340]



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FEDERAL COMMUNICATIONS COMMISSION

[FR ID: 196007]


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, Commission, or 
Agency) proposes to modify an existing system of records, FCC/OMD-23, 
Cadapult Space Management Center (CSMS), 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 
Commission uses this system to allocate the offices, workstations, and 
facility workstations for FCC employees and contractors following the 
FCC/National Treasury Union (NTEU) space assignment policy. This 
modification makes various necessary changes and updates, including 
formatting changes required by the Office of Management and Budget 
(OMB) Circular A-108 since its previous publication, the addition of 
six new routine uses, as well as the revision of three existing routine 
uses.

DATES: This modified system of records will become effective on January 
10, 2024. Written comments on the routine uses are due by February 9, 
2024. The routine uses in this action will become effective on February 
9, 2024 unless comments are received that require a contrary 
determination.

ADDRESSES: Send comments to Brendan McTaggart, Federal Communications 
Commission (FCC), 45 L Street NE, Washington, DC 20554, or to 
<a href="/cdn-cgi/l/email-protection#a7d7d5ced1c6c4dee7c1c4c489c0c8d1"><span class="__cf_email__" data-cfemail="6717150e1106041e2701040449000811">[email protected]</span></a>.

FOR FURTHER INFORMATION CONTACT: Brendan McTaggart, (202) 418-1738, or 
<a href="/cdn-cgi/l/email-protection#ee9e9c87988f8d97ae888d8dc0898198"><span class="__cf_email__" data-cfemail="d3a3a1baa5b2b0aa93b5b0b0fdb4bca5">[email protected]</span></a> (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: This notice serves to update and modify FCC/
OMD-23, as a result of various necessary changes and updates. The 
substantive changes and modifications to the previously published 
version of the FCC/OMD-23 system of records include:
    1. Updating the language in the Security Classification to follow 
OMB guidance.
    2. Updating the language in the Purposes section to be consistent 
with the language and phrasing currently used generally in the FCC's 
SORNs.
    3. Modifying the language in the Categories of Individuals and 
Categories of Records to be consistent with the language and phrasing 
currently used in the FCC's SORNs.
    4. Updating and/or revising language in the following routine uses 
(listed by current routine use number): (8) Congressional Inquiries; 
(9) Government-wide Program Management and Oversight; and (10) Breach 
Notification, the revision of which is required by OMB Memorandum No. 
M-17-12.
    5. Adding the following new routine uses (listed by current routine 
use number): (4) Labor Relations; (5) Litigation; (6) Adjudication; (7) 
Law Enforcement and Investigation; (11) Assistance to Federal Agencies 
and Entities Related to Breaches, the addition of which is required by 
OMB Memorandum No. M-17-12; and (12) Non-Federal Personnel to allow 
contractors, vendors, grantees, or volunteers performing or working on 
a contract, grant, or cooperative agreement for the Federal Government 
to have access to needed information.
    6. Updating the SORN to include the relevant National Archives and 
Records Administration (NARA) records schedules.
    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 and retrieval of the 
information; administrative, technical, and physical safeguards; and 
updated notification, records access, and contesting records 
procedures.

SYSTEM NAME AND NUMBER:
    FCC/OMD-23, Cadapult Space Management System (CSMS).

SECURITY CLASSIFICATION:
    No information in the system is classified.

SYSTEM LOCATION:
    Office of Managing Director (OMD), Federal Communications 
Commission (FCC), 45 L Street NE, Washington, DC 20554.

SYSTEM MANAGER(S):
    Office of Managing Director (OMD), Federal Communications 
Commission (FCC), 45 L Street NE, Washington, DC 20554.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    5 U.S.C. 301, 40 U.S.C. 468, 44 U.S.C. 3101, Executive Order 12411, 
Government Work Space Management Reforms, and the NTEU/FCC Basic 
Negotiated Agreement, Article 9, Employee Space and Facilities.

PURPOSE(S) OF THE SYSTEM:
    The FCC uses the information in this information system for 
purposes that include, but are not limited to, the allocation of the 
offices, workstations, facility workspaces, and hoteling workspaces for 
FCC employees and contractors following the FCC/NTEU space assignment 
policy, as well as tracking workstation occupancy, vacancy, and 
utilization rates; evaluating bureau and office housing and 
realignments based on utilization and reorganizations; and calculating 
and documenting FCC bureau and office rent reporting. Additionally, in 
the event of an emergency, OMD staff uses information from this system 
to devise a ``Reconstitution Plan'' to create the space requirements 
for alternative work location(s) in other buildings to be used to 
relocate FCC employees and/or contractors.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    The categories of individuals whose records are maintained in this 
system include, but are not limited to, FCC employees and contractors.

CATEGORIES OF RECORDS IN THE SYSTEM:
    The records in this system include, but are not limited to, the 
name, organization (bureau/office/division), pay type, grade, 
supervisory status, bargaining unit status, workspace requirements, 
workspace location (office or workstation), and work telephone number 
for each employee or contractor.

RECORD SOURCE CATEGORIES:
    Sources of records in this system include FCC employees and 
contractor; FCC information systems and applications used in the 
onboarding, offboarding, and reassignment processes; and diagrams and 
drawings.

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:
    1. Emergency Response--A record on an individual in this system of 
records may be disclosed to emergency medical

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personnel, e.g., doctors, nurses, and/or paramedics, or to law 
enforcement officials in case of a medical or other emergency involving 
the FCC employee without the subsequent notification to the individual 
identified in 5 U.S.C. 552a(b)(8).
    2. First Responders--A record from this system of records may be 
disclosed to law enforcement officials, Department of Homeland Security 
(DHS), Federal Emergency Management Agency (FEMA), Department of 
Defense (DOD), National Telecommunications and Information 
Administration (NTIA), White House Communications Agency (WHCA), other 
federal agencies, and state and local emergency response officials, 
e.g., fire, safety, and rescue personnel, etc., and medical personnel, 
e.g., doctors, nurses, and paramedics, etc., in case of an emergency 
situation at FCC facilities without the subsequent notification to the 
individual identified in 5 U.S.C. 552a(b)(8).
    3. Reconstitution Plan--A record from this system of records may be 
disclosed to the General Services Administration (GSA), the National 
Telecommunications and Information Administration (NTIA), the 
Department of Homeland Security (DHS), and Federal Emergency Management 
Agency (FEMA); District of Columbia, Virginia, and Maryland state 
government agencies; and any other Federal, state, and local agencies 
involved in Federal agency evacuation, emergency facilities, space 
management, and/or relocation policies and plans, or related issues.
    4. Labor Relations--A record from this system may be disclosed 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.
    5. Litigation--To disclose records 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 
Department of Justice is for a purpose that is compatible with the 
purpose for which the FCC collected the records.
    6. Adjudication--To disclose records 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. 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, to 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 requirement.
    8. 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.
    9. Government-wide Program Management and Oversight--To DOJ to 
obtain that Department's advice regarding disclosure obligations under 
the Freedom of Information Act (FOIA); or to OMB to obtain that 
office's advice regarding obligations under the Privacy Act.
    10. 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 compromise 
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.
    11. Assistance to Federal Agencies and Entities Related to 
Breaches--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.
    12. Non-Federal Personnel--To disclose information 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.

POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
    This an electronic system of records that resides on the FCC's or a 
vendor's network.

POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
    Information in the electronic database can be retrieved by 
searching electronically for the FCC employee or contractor's name, 
workspace location, and organizational unit, e.g., bureau/office.

POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
    The information in this electronic system is maintained and 
disposed of in accordance with the relevant NARA records schedules, 
including General Records Schedule (GRS) 5.1: Common Office Records, 
DAA-GRS-2016-0016; and GRS 5.3: Continuity and Emergency Planning 
Records, DAA-GRS-2016-0004.

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 and paper files is restricted to authorized employees and 
contractors; and in the case of electronic files 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. The electronic files and records are protected by the FCC and 
third-party privacy safeguards, a comprehensive

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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 Procedures 
below.

CONTESTING RECORD PROCEDURES:
    Individuals wishing to request access to and/or amendment of 
records about themselves should follow the Notification Procedures 
below.

NOTIFICATION PROCEDURES:
    Individuals wishing to determine whether this system of records 
contains information about themselves may do so by writing to 
<a href="/cdn-cgi/l/email-protection#9bebe9f2edfaf8e2dbfdf8f8b5fcf4ed"><span class="__cf_email__" data-cfemail="cabab8a3bcaba9b38aaca9a9e4ada5bc">[email protected]</span></a>. Individuals requesting record access or amendment must 
also comply with the FCC's Privacy Act regulations regarding 
verification of identity as required under 47 CFR part 0, subpart E.

EXEMPTIONS PROMULGATED FOR THE SYSTEM:
    None.

HISTORY:
    (75 FR 56533) (September 16, 2010).

Federal Communications Commission.
Marlene Dortch,
Secretary.
[FR Doc. 2024-00340 Filed 1-9-24; 8:45 am]
BILLING CODE 6712-01-P


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