[Federal Register Volume 86, Number 128 (Thursday, July 8, 2021)]
[Notices]
[Pages 36135-36137]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-14493]


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FEDERAL COMMUNICATIONS COMMISSION

[FR ID 36216]


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) has modified an existing system of records, FCC/OMD-32, FCC 
Telework Program, 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 Telework Program provides 
employees with the voluntary opportunity to work from home or another 
FCC approved telework location. The records in this system contain 
personally identifiable information from employees including employment 
information such as title, grade, series, bureau or office, supervisory 
chain; work contact information; alternate worksite information, 
including address and contact information at an alternate worksite; and 
justification documentation for requests for long-distance or fulltime 
telework that describe a temporary employee hardship. The FCC uses the 
information to manage the telework program, including conducting audits 
and reports.

DATES: This system of records will become effective on July 8, 2021. 
Written comments on the routine uses are due by August 9, 2021. The 
routine uses will become effective on August 9, 2021, unless written 
comments are received that require a contrary determination.

ADDRESSES: Send comments to Margaret Drake, at <a href="/cdn-cgi/l/email-protection#fa8a88938c9b9983ba9c9999d49d958c"><span class="__cf_email__" data-cfemail="7707051e0116140e3711141459101801">[email protected]</span></a>, 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 
<a href="/cdn-cgi/l/email-protection#78080a110e191b01381e1b1b561f170e"><span class="__cf_email__" data-cfemail="1161637867707268517772723f767e67">[email protected]</span></a>, Office of the General Counsel, Federal Communications 
Commission, 45 L Street NE, Washington, DC 20554 (and to obtain a copy 
of the Narrative Statement, which includes details of the modifications 
to this system of records).

SUPPLEMENTARY INFORMATION: FCC/OMD-32 contains personally identifiable 
information from employees including employment information such as 
title, grade, series, bureau or office, supervisory chain; work contact 
information; alternate worksite information, including address and 
contact information at an alternate worksite; and justification 
documentation for requests for long-distance or fulltime telework that 
describe a temporary employee hardship. The FCC uses the information to 
manage the telework program, including conducting audits and reports. 
This notice serves to modify FCC/OMD-32 to reflect various necessary 
changes and updates, including format changes required by OMB Circular 
A-108 since its previous publication, edits to existing routine uses, 
deleting five routine uses, and the addition of three routine uses, two 
of which address data breaches, as required by OMB Memorandum M-17-12. 
The substantive changes and modification to the previously published 
version of FCC/OMD-32 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. Renumbering and revising language in eight Routine Uses: (1) FCC 
Program Management, (2) Labor Relations, (3), General Services 
Administration, (4) U.S. Department of Labor, (5) Congressional 
Inquiries, (6) Government-wide Program Management and Oversight, (7) 
Law Enforcement and Investigation, (8) Adjudication and Litigation.
    4. Deleting five existing Routine Uses: (2) FCC Contractors; (9) 
Department of Justice; (10) Breach of Federal Data; (12) Employment, 
Clearances, Licensing, Contract, Grant, or other Benefits Decisions by 
the agency; and (13) Employment, Clearances, Licensing, Contract, 
Grant, or other Benefits Decisions by other than the agency.
    5. Adding three new Routine Uses: (9) Breach Notification, to allow 
how the FCC addresses information breaches at the Commission; (10) 
Assistance to Federal Agencies and Entities, to allow the FCC to 
provide assistance to other Federal agencies in their data breach 
situations; and (11) For Non-Federal Personnel, to allow contractors 
performing or working on a contract for the Federal Government access 
to information in this system. New Routine Uses (9) and (10) are 
required by OMB Memorandum M-17-12.
    6. 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.
    7. 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-32, FCC Telework Program.

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), 45 L Street NE, 
Washington, DC 20554.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    5 U.S.C. 5711; 5 U.S.C. 6501-6506; 5 U.S.C. 6501 note; 5 U.S.C. 
6120 note.

PURPOSE(S):
    The FCC Telework Program provides employees with the voluntary 
opportunity to work from home or another FCC approved telework 
location. The FCC uses the information in this system to manage the 
telework

[[Page 36136]]

program, including conducting and audits and reports.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Current and former Federal Communications Commission (FCC) staff, 
including employees and interns.

CATEGORIES OF RECORDS IN THE SYSTEM:
    The records in this system contain personally identifiable 
information from employees including employment information such as 
title, grade, series, bureau or office, supervisory chain; work contact 
information; alternate worksite information, including address and 
contact information at an alternate worksite; and justification 
documentation for requests for long-distance or fulltime telework that 
describe a temporary employee hardship.

RECORD SOURCE CATEGORIES:
    This system of records includes information provided by an 
individual on whom the record is maintained, and supervisors and 
managers.

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. FCC Program Management--To FCC's HRM and supervisory staff as 
part of their duties associated with the management and operation of 
the FCC Telework Program. This information may be used to conduct 
audits, evaluations, and/or investigations of the telework program to 
prevent waste, fraud, and abuse; ensure compliance with program and FCC 
policies and procedures; and inform future program development and 
implementation. This information may be shared with the Office of 
Inspector General (OIG).
    2. Labor Relations--To officials of labor organizations recognized 
under 5 U.S.C. Chapter 71 consistent with provisions in an effective 
collective bargaining agreement or 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.
    3. General Services Administration (GSA)--To GSA when FCC employees 
use a GSA approved alternate worksite for purposes such as security 
regulations, facilities management (including facility space allocation 
and management requirements, staffing requirements, and related work-
space arrangements), and/or other GSA function(s); or when an emergency 
at the FCC headquarters and/or FCC facilities requires FCC employees to 
relocate to a GSA approved alternate worksite(s).
    4. U.S. Department of Labor--To the U.S. Department of Labor (DOL) 
for telework labor management issues, including worker's compensation 
and workplace safety issues.
    5. 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.
    6. Government-wide Program Management and Oversight--To disclose 
information to the Department of Justice (DOJ) to obtain that 
department's advice regarding disclosure obligations under the Freedom 
of Information Act (FOIA); to the Office of Management and Budget (OMB) 
to obtain that office's advice regarding obligations under the Privacy 
Act; or to the Office of Personnel Management for its government-wide 
oversight of telework.
    7. 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.
    8. 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.
    9. 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.
    10. 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.
    11. 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.

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:
    The information pertaining to the FCC Telework Program includes 
electronic records, files, and data and paper documents, records, and 
files. HRM manage these electronic data and paper document files:
    1. The electronic data will be stored in the computer files housed 
in the FCC's computer network.
    2. The paper records are scanned and uploaded to the electronic 
system before being destroyed.

POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
    The records may be retrieved by various identifiers, including the 
individual's name or bureau or office.

[[Page 36137]]

POLICIES AND PRACTIES FOR RETENTION AND DISPOSAL OF RECORDS:
    The National Archives and Records Administration (NARA) established 
records schedule number DAA-GRS-2018-0002-004 for telework/alternate 
worksite program case files. In accordance with this records schedule, 
the FCC will maintain information in this system of records until 
superseded or obsolete, or one year after the end of an employee's 
participation in the program, whichever is sooner, or longer if 
required for business use.

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 supervisors and managers; 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). 
The paper records are scanned and uploaded to the electronic system 
before being destroyed.

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 PROCEDURE:
    Individuals wishing to determine whether this system of records 
contains information about themselves may do so by writing 
<a href="/cdn-cgi/l/email-protection" class="__cf_email__" data-cfemail="5404263d2235372d143237377a333b22">[email protected]</a>. 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-32, FCC Telework 
Program by publication in the Federal Register on March 26, 2015 (80 FR 
16007).

Federal Communications Commission.
Marlene Dortch,
Secretary, Office of the Secretary.
[FR Doc. 2021-14493 Filed 7-7-21; 8:45 am]
BILLING CODE 6712-01-P


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