[Federal Register Volume 78, Number 205 (Wednesday, October 23, 2013)]
[Notices]
[Pages 63196-63202]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-24757]


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FEDERAL COMMUNICATIONS COMMISSION


Privacy Act System of Records

AGENCY: Federal Communications Commission (FCC, Commission, or the 
Agency).

ACTION: Notice; one altered Privacy Act system of records; one new 
routine use.

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SUMMARY: Under subsection (e)(4) of the Privacy Act of 1974, as amended 
(``Privacy Act''), 5 U.S.C. 552a, the FCC proposes to change the name 
and alter one system of records, FCC/OMD-3, ``Federal Advisory 
Committee Act (FACA) Membership Files'' (formerly FCC/OMD-3, ``Federal 
Advisory Committee (FACA) Membership Files''). The FCC will alter the 
security classification; the system location(s); the categories of 
individuals; the categories of records; the authority for maintenance 
of the system; the purposes for which the information is maintained; 
three routine uses (and add routine use (7)); the storage, 
retrievability, safeguards, and retention and disposal procedures; the 
system manager and address; the notification, record access, and 
contesting record procedures; the record source categories; and make 
other edits and revisions as necessary to update the information and to 
comply with the requirements of the Privacy Act, as amended (5 U.S.C. 
552a), and the regulations and requirements of the Office of Management 
and Budget (OMB) and the National Archives and Records Administration 
(NARA).

DATES: In accordance with subsections (e)(4) and (e)(11) of the Privacy 
Act, any interested person may submit written comments concerning the 
alteration of this system of records on or before November 22, 2013. 
The Office of Information and Regulatory Affairs (OIRA), Office of 
Management and Budget (OMB), which has oversight responsibility under 
the Privacy Act to review the system of records, and Congress may 
submit comments on or before December 2, 2013. The proposed altered 
system of records will become effective on December 2, 2013 unless the 
FCC receives comments that require a contrary determination. The 
Commission will publish a document in the Federal Register notifying 
the public if any changes are necessary. As

[[Page 63197]]

required by 5 U.S.C. 552a(r) of the Privacy Act, the FCC is submitting 
reports on this proposed altered system to OMB and to both Houses of 
Congress.

ADDRESSES: Address comments to Leslie F. Smith, Privacy Analyst, 
Performance Evaluation and Records Management (PERM), Room 1-C216, 
Federal Communications Commission (FCC), 445 12th Street SW., 
Washington, DC 20554, (202) 418-0217, or via the Internet at 
[email protected] mail to: [email protected].

FOR FURTHER INFORMATION CONTACT: Leslie F. Smith, Performance 
Evaluation and Records Management (PERM), Room 1-C216, Federal 
Communications Commission, 445 12th Street SW., Washington, DC 20554, 
(202) 418-0217, or via the Internet at [email protected].

SUPPLEMENTARY INFORMATION: As required by the Privacy Act of 1974, as 
amended, 5 U.S.C. 552a(e)(4) and (e)(11), this document sets forth 
notice of the proposed alteration of one system of records maintained 
by the FCC, the revision of three routine uses, and the addition of one 
new routine use (7). The FCC previously gave complete notice of this 
system of records (formerly FCC/OMD-3, ``Federal Advisory Committee 
Membership Files (FACA)'') covered under this Notice by publication in 
the Federal Register on April 5, 2006 (71 FR 17234, 17249). This notice 
is a summary of the more detailed information about the proposed 
altered system of records, which may be obtained or viewed under the 
contact and location information given above in the ADDRESSES section. 
The purposes for altering FCC/OMD-3, ``Federal Advisory Committee Act 
Membership Files (FACA),'' are to change the title of the system of 
records to be consistent with the title of the Act creating these 
advisory committees (i.e., FCC/OMD-3, ``Federal Advisory Committee Act 
(FACA) Membership Files''); to revise the security classification; to 
revise the system location(s); to revise the categories of individuals; 
to revise the categories of records; to revise the purposes for which 
the information is maintained; to revise Routine Uses (2), (5), and (6) 
and to add one new Routine Use (7); to revise the storage, 
retrievability, safeguards, and retention and disposal procedures; to 
revise the system manager and address; to revise the notification, 
record access, and contesting record procedures; to revise the record 
source categories; and to make other edits and revisions as necessary 
to update the information and to comply with the requirements of the 
Privacy Act, as amended (5 U.S.C. 552a), and the regulations and 
requirements of the Office of Management and Budget (OMB) and the 
National Archives and Records Administration (NARA).
    The FCC will achieve these purposes by altering this system of 
records with these changes:
    Revision of language in the security classification, for clarity 
and to note that [t]he FCC's Security Operations Center (SOC) has not 
assigned a security classification to this system of records;
    Revision of the language in the system location(s), for clarity 
and: (1) To update information concerning the General Files, Financial 
Disclosure Files, and Committee-specific Files:
    1. General Files: Associate Managing Director-Performance 
Evaluation and Records Management (PERM), Office of Managing Director 
(OMD), Federal Communications Commission (FCC), 445 12th Street SW., 
Washington, DC 20554; (202) 418-2178.
    2. Financial Disclosure Files (i.e., OGE Form 450 and FCC Form 
A54A): Office of General Counsel (OGC), Federal Communication 
Commission (FCC), 445 12th Street SW., Washington, DC 20554; (202) 418-
1720;
    3. Committee-specific Files: Information concerning the FCC's 
current FACA Committees may be found at: http://www.fcc.gov/encyclopedia/advisory-committees-fcc
    Revision of the language regarding the Categories of Individuals 
Covered by the System, for clarity and to note that [t]he categories of 
individuals in this system include, but are not limited to those 
individuals who are:
    1. Members of Federal Advisory Committee Act (FACA) committees 
(``advisory committee'' or ``committee'') sponsored or co-sponsored by 
the Federal Communications Commission (FCC);
    2. Individual participants in FACA working groups/subcommittees 
(who are not necessarily appointed members of the advisory committee); 
and
    3. Administrative Assistant(s) or other similar contact(s) within 
the organization that an advisory committee member represents.
    Revision of the language regarding the Categories of Records in the 
System, for clarity and to note that [t]he categories of records 
include, but are not limited to:
    1. FACA Committee Members:
    Member's full name, home address(es), organization represented, 
home email address(es), home telephone and personal cellphone 
number(s), fax number(s), resume (e.g., which includes, but is not 
limited to full name, home address, home, cell, and other telephone 
numbers, home fax number(s), home email address(es), work experience, 
educational attainment, and references), nominee's qualifications 
statement, and/or letters of recommendation (e.g., which includes, but 
is not limited to the reference's name, address, telephone numbers(s), 
email address(es), and personal evaluation/recommendation of their 
colleague's job performance, skills, abilities, and related 
information), Federal lobbyist status (yes/no), area(s) of expertise, 
and occupation (or title), and tribal, (non-English speaking) 
linguistic, disability, elderly, and related group affiliation(s), 
which, are kept with the member's respective advisory committee.
    2. Individual participants in FACA working groups/subcommittees 
(who are not necessarily appointed members of the advisory committee):
    Participant's full name, home address(es), organization 
represented, home email address(es), home telephone and personal 
cellphone number(s), fax number(s), resume (e.g., which includes, but 
is not limited to the full name, home address, home, cell, and other 
telephone numbers, home fax number(s), home email address(es), work 
experience, educational attainment, and references), nominee's 
qualifications statement, and/or letters of recommendation (e.g., which 
includes, but is not limited to the reference's name, address, 
telephone numbers(s), email address(es), and personal evaluation/
recommendation of their colleague's job performance, skills, abilities, 
and related information), Federal lobbyist status (yes/no), area(s) of 
expertise, and occupation (or title), and tribal, (non-English 
speaking) linguistic, disability, elderly, and related group 
affiliation(s), which, are kept with the member's respective advisory 
committee.
    3. Committee Members' assistant(s) or organizational contact(s):
    Assistant/organizational contact's full name, home address(es), 
organization represented, home email address(es), home telephone and 
personal cellphone number(s), fax number(s), resume (e.g., which 
includes, but is not limited to the full name, home address, home, 
cell, and other telephone numbers, home fax number(s), home email 
address(es), and related information), Federal lobbyist status (yes/
no), area(s) of expertise, and occupation (or title), and tribal, (non-
English speaking) linguistic, disability, elderly, and related group 
affiliation(s), which are kept with the member's respective advisory 
committee.

[[Page 63198]]

    4. Originals or copies of the financial disclosure form, OGE Form 
450, which the FACA committee members may be required to file in 
accordance with the requirements of the Ethics in Government Act of 
1978 and the Ethics Reform Act of 1989, as amended, and E.O. 12674, as 
modified.
    Revision of the Authority for Maintenance of the System to correct 
an inaccuracy in the citation for the Federal Advisory Committee Act 
(FACA), 5 U.S.C., Appendix 2; but to expand the authorities to include 
5 U.S.C. App. (``Ethics in Government Act''); and Executive Order 
(E.O.) 12674 (as modified by E.O. 12731).
    Revision of the language regarding the Purpose(s) for which the 
information in the system is maintained, for clarity and to note that 
[t]his system covers the personally identifiable information (PII) that 
is contained in the information about the members of the FCC's FACA 
committees, which includes, but is not limited to their contact data. 
The FCC's uses for this information include, but are not limited to:
    1. Communicating effectively and promptly with these individuals 
(i.e., FCC's FACA committee members and alternatives);
    2. Completing mandatory reports to the Congress and the General 
Services Administration (GSA) about FACA committee matters; and
    3. Ensuring compliance with all ethical and conflict-of-interest 
requirements concerning the members of the FCC's FACA committees, 
including the requirements in OGE Form 450.
    Revision of the language in Routine Use (2) ``Public Access'' to 
note that [t]he public can access information about the FCC's Federal 
Advisory Committee Act (FACA) committees at: http://www.fcc.gov/encyclopedia/advisory-committee-fcc, as well as in the searchable 
database found on the General Services Administration's (GSA) Web site 
at http://www.fido.gov/facadatabase/;
    Revision of the language in Routine Use (5) ``Congressional 
Inquiries'' to note that a record from this system may be disclosed 
[w]hen requested by a Congressional office in response to an inquiry by 
an individual made to the Congressional office for the individual's own 
records;
    Revision of the language in Routine Use (6) ``Government-wide 
Program Management and Oversight'' to note that a record from this 
system may be disclosed [w]hen requested by the General Services 
Administration (GSA), the National Archives and Records Administration 
(NARA), and/or the Government Accountability Office (GAO) for the 
purpose of records management inspections conducted under authority of 
44 U.S.C. 2904 and 2906 (such disclosure(s) shall not be used to make a 
determination about individuals); when the U.S. Department of Justice 
(DOJ) is contacted in order to obtain that department's advice 
regarding disclosure obligations under the Freedom of Information Act 
(FOIA); or when the Office of Management and Budget (OMB) is contacted 
in order to obtain that office's advice regarding obligations under the 
Privacy Act; and
    Addition of Routine Use (7) to address any ``breach of Federal 
data'' situation(s) to comply with OMB Memorandum M-07-16 (May 22, 
2007), as follows:
    Routine Use (7) ``Breach Notification''--A record from this system 
may be disclosed to appropriate agencies, entities, and persons when: 
(1) The Commission suspects or has confirmed that the security or 
confidentiality of information in the system of records has been 
compromised; (2) the Commission has determined that as a result of the 
suspected or confirmed compromise there is a risk of harm to economic 
or property interests, identity theft or fraud, or harm to the security 
or integrity of this system or other systems or programs (whether 
maintained by the Commission or another agency or entity) that rely 
upon the compromised information; and (3) 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 compromise and prevent, minimize, or remedy such harm.
    Revision of the language regarding the Storage procedures for 
information in the system, for clarity and to note that the information 
in this system includes:
    1. Paper documents, reports, and files (except OGE Form 450 files) 
that are maintained in file folders in file cabinets in the office 
suites of the Performance Evaluation and Records Management (PERM) and 
the Designated Federal Officers (DFOs) in the Bureaus and Offices (B/
Os);
    2. Electronic data, records, and files that are stored in the FCC's 
computer network databases; and
    3. Original and any copies (paper format) of OGE Form 450 files, 
documents, and records are maintained in file folders in file cabinets 
in the OGC office suite.
    Revision of the language regarding the Retrievability of 
information in the system, for clarity and to note that:
    1. The FACA records (except OGE Form 450 files) are grouped 
primarily by the name of the FACA committee or subcommittee. Under this 
filing hierarchy, records can then be retrieved by the name of the 
committee member; and
    2. OGE Form 450 files are retrieved by the individual's name or 
other programmatic identifier assigned to the individual on whom they 
are maintained.
    Revision of the language regarding the Safeguards for information 
in the system, for clarity and to note that:
    1. FACA paper records documents, records, and files (except OGE 
Form 450 files) are maintained in file cabinets in the office suites of 
PERM and the DFO's Bureau or Office (B/O). These file cabinets are 
locked at the end of each business day. Access to each office suite is 
through a card-coded main door. Access to these files is restricted to 
the PERM supervisors and staff and to the DFO's authorized supervisors 
and staff in each Bureau or Office;
    2. Paper copies of OGE Form 450 files, documents, and records are 
maintained in file cabinets in the OGC office suite. These file 
cabinets are locked at the end of each business day. Access to the OGC 
office suite is through a card-coded main door. Access to these files 
is restricted to OGC supervisors and staff; and
    3. Access to the FACA electronic records, files, and data, which 
are housed in the FCC's computer network databases, is restricted to 
authorized PERM supervisors and staff; to the supervisors and staff in 
each DFO's Bureau/Office; to the OGC supervisors and staff for OGE Form 
450 files; and to the Information Technology Center (ITC) staff and 
contractors, who maintain the FCC's computer network. Other FCC 
employees and contractors may be granted access only on a ``need-to-
know'' basis. The FCC's computer network databases are protected by the 
FCC's security protocols, which include controlled access, passwords, 
and other IT safety and security features. Information resident on the 
FACA database servers is backed-up routinely onto magnetic media. Back-
up tapes are stored on-site and at a secured, off-site location.
    Revision of the language regarding the Retention and Disposal of 
information in the system, for clarity and to note that [t]he FCC 
maintains and disposes of these records in accordance with General 
Records Schedule 26 (GRS 26), ``Temporary Commissions, Boards, Councils 
and Committees,'' issued by the National Archives and Records 
Administration (NARA). Under the GRS 26:

[[Page 63199]]

    The FCC maintains and disposes of these records in accordance with 
General Records Schedule 26 (GRS 26), ``Temporary Commissions, Boards, 
Councils and Committees,'' issued by the National Archives and Records 
Administration (NARA). Under the GRS 26:
    1. (a) FACA files documenting the Commission's establishment, 
membership, policy, organization, deliberations, findings, and 
recommendations (except OGE Form 450 files) are transferred to the 
National Archives on termination of the Commission. Earlier periodic 
transfers are authorized for committees operating for three years or 
longer (N1-GRS-07-5 item). These files include such records as:
     Other materials that document the organization and 
functions of the Commission and original charter, renewal and amended 
charters, organization charts, functional statements, directives or 
memorandums to staff concerning their responsibilities, and its 
components;
     Agendas, briefing books, minutes, testimony, and 
transcripts of meetings and hearings as well as audiotapes and/or 
videotapes of meetings and hearings which were not fully transcribed;
     One copy each of reports, studies, pamphlets, posters (2 
copies) and other publications produced by or for the commission as 
well as news releases, commissioners' speeches, formal photographs and 
other significant public affairs files;
     Correspondence, subject and other files maintained by key 
commission staff, such as the chair, executive director, and legal 
counsel, documenting the functions of the commission;
     Substantive records relating to research studies and other 
projects, including unpublished studies and reports and substantive 
research materials (may include electronic data);
     Questionnaires, surveys and other raw data accumulated in 
connection with research studies and other projects where the 
information has been consolidated or aggregated in analyses, reports, 
or studies covered by Item 2(a) (may include data maintained 
electronically);
     Records created to comply with the provisions of the 
Government in the Sunshine Act, annual reports to Congress describing 
the agency's compliance with the act;
     Documentation of subcommittees, working groups, or other 
subgroups of advisory committees, that support their reports and 
recommendations to the full or parent committee. This documentation may 
include, but is not limited to minutes, transcripts, reports, 
correspondence, briefing materials, and other related records; and
     Documentation of formally designated subcommittees and 
working groups. This documentation may include, but is not limited to 
minutes, transcripts, reports, correspondence, briefing materials, and 
other related records.
    (b) FACA files (paper and electronic formats) that relate to day-
to-day advisory committee activities and/or do not contain unique 
information of historical value are destroyed or deleted when three 
years old (N1-GRS-07-1 item 2b). The paper records are destroyed by 
shredding. The electronic files are deleted by electronic erasure. 
These files include such records as:
     Correspondence, reference and working files of Commission 
staff (excluding files covered by Item 2(a));
     Audiotapes and videotapes of Commission meetings and 
hearings that have been fully transcribed, informal still photographs 
and slides of Commission members and staff, meetings, hearings, and 
other events;
     Other routine records, such as public mail, requests for 
information, consultant personnel files, records relating to logistical 
aspects of Commission meetings and hearings, etc.; and
     Extra copies of records described in Item 2(a), e.g., 
copies of meeting agenda and minutes distributed to commission members 
and staff, files accumulated by agencies on interagency bodies other 
than the secretariat or sponsor.

    Notes:  Prior to destruction/deletion, NARA, in consultation 
with FCC staff, will review these records and may identify files 
that warrant permanent retention. Such records will be transferred 
to the National Archives at the time that related permanent records 
are transferred (N1-GRS-07-1 item 2b Note).

    2. Copies of FACA commission records, e.g., agendas, meeting 
minutes, final reports, and related records created by or documenting 
the accomplishments of boards and commissions are destroyed when three 
years old (N1-GRS-04-1 item 3). The paper records are destroyed by 
shredding. The electronic files are deleted by electronic erasure.
    3. Records that are maintained by FACA committee management 
officers that pertain to a FACA committee's establishment, appointment 
of members, and operation and termination, etc., are destroyed when six 
years old (N1-GRS-04-1 item 4). The paper records are destroyed by 
shredding. The electronic files are deleted by electronic erasure.
    4. OGE Form 450 files, documents, and records (including both paper 
and electronic formats) are generally retained for six years after 
filing following dissolution of the FACA Committee (except when filed 
by or with respect to a nominee for an appointment requiring 
confirmation by the Senate when the nominee is not appointed. In such 
cases, the records are generally destroyed one year after the date the 
individual ceased being under Senate consideration for appointment. 
However, if any records are needed in an ongoing investigation, they 
will be retained until no longer needed in the investigation). The 
paper records are destroyed by shredding. The electronic records are 
destroyed by electronic deletion or erasure.
    Revision of the language regarding the System Manager(s) and 
Address of the system, for clarity and to note that the system manager 
is the Assistant Managing Director, Performance Evaluation and Records 
Management (PERM), Office of Managing Director (OMD), Federal 
Communications Commission (FCC), 445 12th Street SW., Washington, DC 
20554.
    Revision of the Notification, Record Access, and Contesting Record 
Procedures for the system, for clarity and to note that individuals 
seeking information about themselves in this system should address 
their inquiries to the Privacy Analyst, Performance Evaluation and 
Records Management (PERM), Federal Communications Commission (FCC), 445 
12th Street SW., Washington, DC 20554, or http://transition.fcc.gov/omd/privacyact/request.html.
    Revision of the language regarding the Record Source Categories for 
the system, for clarity and to note that [i]nformation in this system 
includes, but is not limited to the information that is obtained from 
the FACA committee members, including their OGE Form 450; the 
Designated Federal Officer (DFO) reporting on FACA committee membership 
and activities; and the results of the work of the advisory committees.
    Revision of, updating, or otherwise changing the information in the 
SORN, as necessary, to make it conform to the way the FCC's bureaus and 
offices manage the membership, functions, and activities of their FACA 
committees.
    This notice meets the requirement documenting the changes to the 
system of records that the FCC maintains, and provides the public, 
Congress, and the Office of Management and Budget (OMB) an opportunity 
to comment.

[[Page 63200]]

FCC/OMD-3

SYSTEM NAME: Federal Advisory Committee Act (FACA) Membership Files.
 SECURITY CLASSIFICATION:
    The FCC's Security Operations Center (SOC) has not assigned a 
security classification to this system of records.

SYSTEM LOCATION:
    1. General Files: Associate Managing Director--Performance 
Evaluation and Records Management (PERM), Office of Managing Director 
(OMD), Federal Communications Commission (FCC), 445 12th Street SW., 
Washington, DC 20554; (202) 418-2178.
    2. Financial Disclosure Files (i.e., OGE Form 450 and FCC Form 
A54A): Office of General Counsel (OGC), Federal Communications 
Commission (FCC), 445 12th Street SW., Washington, DC 20554; (202) 418-
1720.
    3. Committee-Specific Files: Information concerning the FCC's 
current FACA Committees may be found at: http://www.fcc.gov/encyclopedia/advisory-committees-fcc.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    The categories of individuals in this system include, but are not 
limited to those individuals who are:
    1. Members of Federal Advisory Committee Act (FACA) committees 
(``advisory committee'' or ``committee'') sponsored or co-sponsored by 
the Federal Communications Commission (FCC);
    2. Individual participants in FACA working groups/subcommittees 
(who are not necessarily appointed members of the advisory committee); 
and
    3. Administrative Assistant(s) or other similar contact(s) within 
the organization that an advisory committee member represents.

CATEGORIES OF RECORDS IN THE SYSTEM:
    The categories of records in this system include, but are not 
limited to:
    1. FACA Committee Members:
    Member's full name, home address(es), organization represented, 
home email address(es), home telephone and personal cellphone 
number(s), fax number(s), resume (e.g., which includes, but is not 
limited to the full name, home address, home, cell, and other telephone 
numbers, home fax number(s), home email address(es), work experience, 
educational attainment, and references), nominee's qualifications 
statement, and/or letters of recommendation (e.g., which includes, but 
is not limited to the reference's name, address, telephone numbers(s), 
email address(es), and personal evaluation/recommendation of their 
colleague's job performance, skills, abilities, and related 
information), Federal lobbyist status (yes/no), area(s) of expertise, 
and occupation (or title), and tribal, (non-English speaking) 
linguistic, disability, elderly, and related group affiliation(s), 
which, are kept with the member's respective advisory committee.
    2. Individual participants in FACA working groups/subcommittees 
(who are not necessarily members of the advisory committee):
    Participant's full name, home address(es), organization 
represented, home email address(es), home telephone and personal 
cellphone number(s), fax number(s), resume (e.g., which includes, but 
is not limited to the full name, home address, home, cell, and other 
telephone numbers, home fax number(s), home email address(es), work 
experience, educational attainment, and references), nominee's 
qualifications statement, and/or letters of recommendation (e.g., which 
includes, but is not limited to the reference's name, address, 
telephone numbers(s), email address(es), and personal evaluation/
recommendation of their colleague's job performance, skills, abilities, 
and related information), Federal lobbyist status (yes/no), area(s) of 
expertise, and occupation (or title), and tribal, (non-English 
speaking) linguistic, disability, elderly, and related group 
affiliation(s), which, are kept with the member's respective advisory 
committee.
    3. Committee Members' assistants or organizational contacts:
    Assistant/organizational contact's full name, home address(es), 
organization represented, home email address(es), home telephone and 
personal cellphone number(s), fax number(s), resume (e.g., which 
includes, but is not limited to the full name, home address, home, 
cell, and other telephone numbers, home fax number(s), home email 
address(es), and related information), Federal lobbyist status (yes/
no), area(s) of expertise, and occupation (or title), and tribal, (non-
English speaking) linguistic, disability, elderly, and related group 
affiliation(s), which are kept with the member's respective advisory 
committee.
    4. Originals or copies of the financial disclosure form, OGE Form 
450, which the FACA committee members may be required to file in 
accordance with the requirements of the Ethics in Government Act of 
1978 and the Ethics Reform Act of 1989, as amended, and E.O. 12674, as 
modified.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    Federal Advisory Committee Act (FACA), 5 U.S.C. Appendix 2; 5 
U.S.C. App. (``Ethics in Government Act''); and Executive Order (E.O.) 
12674 (as modified by E.O. 12731).

PURPOSE(S):
    This system covers the personally identifiable information (PII) 
that is contained in the information about the members of the FCC's 
Federal Advisory Committee Act (FACA) committees, which includes, but 
is not limited to their contact data. The FCC's uses for this 
information include, but are not limited to:
    1. Communicating effectively and promptly with these individuals 
(i.e., FCC's FACA committee members);
    2. Completing mandatory reports to the Congress and the General 
Services Administration (GSA) about FACA advisory committee matters; 
and
    3. Ensuring compliance with all ethical and conflict-of-interest 
requirements concerning the members of the FCC's FACA advisory 
committees, including the requirements in OGE Form 450.

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. Committee Communication and Reporting--A record in this system 
may be disclosed to the Chair (or Vice Chair) of the Advisory Committee 
for purposes of determining membership on appropriate subcommittees or 
assignment of tasks to achieve the committee's goals, and/or used to 
distribute information to the FACA committee members for the purposes 
of conducting meetings, general committee business, and/or preparing 
reports on the membership and work of the committee;
    2. Public Access--The public can access information about the FCC's 
Federal Advisory Committee Act (FACA) committees at: http://www.fcc.gov/encyclopedia/advisory-committee-fcc, as well as in the 
searchable database found on the General Services Administration's 
(GSA) Web site at http://www.fido.gov/facadatabase/;
    3. Adjudication and Litigation--Where by careful review, the agency 
determines that the records are both relevant and necessary to 
litigation and the use of such records is deemed by the Agency to be 
for a purpose that is compatible with the purpose for which

[[Page 63201]]

the Agency collected the records, these records may be used by a court 
or adjudicative body in a proceeding when: (a) The Agency or any 
component thereof; or (b) any employee of the Agency in his or her 
official capacity; or (c) any employee of the Agency in his or her 
individual capacity where the Agency has agreed to represent the 
employee; or (d) the United States Government is a party to litigation 
or has an interest in such litigation;
    4. Law Enforcement and Investigation--Where there is an indication 
of a violation or potential violation of a statute, regulation, rule, 
or order, records from this system may be shared with appropriate 
Federal, State, or local authorities either for purposes of obtaining 
additional information relevant to a FCC decision or for referring the 
record for investigation, enforcement, or prosecution by another 
agency;
    5. Congressional Inquiries--When requested by a Congressional 
office in response to an inquiry by an individual made to the 
Congressional office for the individual's own records;
    6. Government-wide Program Management and Oversight--When requested 
by the General Services Administration (GSA), the National Archives and 
Records Administration (NARA), and/or the Government Accountability 
Office (GAO) for the purpose of records management inspections 
conducted under authority of 44 U.S.C. 2904 and 2906 (such 
disclosure(s) shall not be used to make a determination about 
individuals); when the U.S. Department of Justice (DOJ) is contacted in 
order to obtain that department's advice regarding disclosure 
obligations under the Freedom of Information Act; or when the Office of 
Management and Budget is contacted in order to obtain that office's 
advice regarding obligations under the Privacy Act; and
    7. Breach Notification--A record from this system may be disclosed 
to appropriate agencies, entities, and persons when: (1) The Commission 
suspects or has confirmed that the security or confidentiality of 
information in the system of records has been compromised; (2) the 
Commission has determined that as a result of the suspected or 
confirmed compromise there is a risk of harm to economic or property 
interests, identity theft or fraud, or harm to the security or 
integrity of this system or other systems or programs (whether 
maintained by the Commission or another agency or entity) that rely 
upon the compromised information; and (3) 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 compromise and prevent, minimize, or remedy such harm.
    In each of these cases, the FCC will determine whether disclosure 
of the records is compatible with the purpose for which the records 
were collected.

DISCLOSURE TO CONSUMER REPORTING AGENCIES:
    None.

POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, 
AND DISPOSING OF RECORDS IN THE SYSTEM: STORAGE:
    The information in this system includes:
    1. Paper documents, records, and files (except OGE Form 450 files) 
that are maintained in file folders in file cabinets in the office 
suites of the Performance Evaluation and Records Management (PERM) and 
the Designated Federal Officers (DFOs) in the Bureaus and Offices (B/
Os);
    2. Electronic data, records, and files that are stored in the FCC's 
computer network databases; and
    3. Original and any copies (paper format) of OGE Form 450 files, 
documents, and records are maintained in file folders in file cabinets 
in the OGC office suite.

RETRIEVABILITY:
    1. The FACA records (except OGE Form 450 files) are grouped 
primarily by the name of the FACA committee or subcommittee. Under this 
filing hierarchy, records can then be retrieved by the name of the 
committee member; and
    2. OGE Form 450 files are retrieved by the individual's name or 
other programmatic identifier assigned to the individual on whom they 
are maintained.

SAFEGUARDS:
    1. FACA paper records documents, records, and files (except OGE 
Form 450 files) are maintained in file cabinets in the office suites of 
PERM and the DFO's Bureau or Office (B/O). These file cabinets are 
locked at the end of each business day. Access to each office suite is 
through a card-coded main door. Access to these files is restricted to 
the PERM supervisors and staff and to the DFO's authorized supervisors 
and staff in each Bureau or Office;
    2. Paper copies of OGE Form 450 files, documents, and records are 
maintained in file cabinets in the OGC office suite. These file 
cabinets are locked at the end of each business day. Access to the OCG 
OGC office suite is through a card-coded main door. Access to these 
files is restricted to OGC supervisors and staff; and
    3. Access to the FACA electronic records, files, and data, which 
are housed in the FCC's computer network databases, is restricted to 
authorized PERM supervisors and staff; to the supervisors and staff in 
each DFO's Bureau/Office; to the OGC supervisors and staff for OGE Form 
450 files; and to the Information Technology Center (ITC) staff and 
contractors, who maintain the FCC's computer network. Other FCC 
employees and contractors may be granted access only on a ``need-to-
know'' basis. The FCC's computer network databases are protected by the 
FCC's security protocols, which include controlled access, passwords, 
and other IT safety and security features. Information resident on the 
FACA database servers is backed-up routinely onto magnetic media. Back-
up tapes are stored on-site and at a secured, off-site location.

RETENTION AND DISPOSAL:
    The FCC maintains and disposes of these records in accordance with 
General Records Schedule 26 (GRS 26), ``Temporary Commissions, Boards, 
Councils and Committees,'' issued by the National Archives and Records 
Administration (NARA). Under the GRS 26:
    1. (a) FACA files documenting the Commission's establishment, 
membership, policy, organization, deliberations, findings, and 
recommendations (except OGE Form 450 files) are transferred to the 
National Archives on termination of the Commission. Earlier periodic 
transfers are authorized for committees operating for three years or 
longer (N1-GRS-07-5 item). These files include such records as:
     Other materials that document the organization and 
functions of the Commission and original charter, renewal and amended 
charters, organization charts, functional statements, directives or 
memorandums to staff concerning their responsibilities, and its 
components;
     Agendas, briefing books, minutes, testimony, and 
transcripts of meetings and hearings as well as audiotapes and/or 
videotapes of meetings and hearings which were not fully transcribed;
     One copy each of reports, studies, pamphlets, posters (2 
copies) and other publications produced by or for the commission as 
well as news releases, commissioners' speeches, formal photographs and 
other significant public affairs files;

[[Page 63202]]

     Correspondence, subject and other files maintained by key 
commission staff, such as the chair, executive director, and legal 
counsel, documenting the functions of the commission;
     Substantive records relating to research studies and other 
projects, including unpublished studies and reports and substantive 
research materials (may include electronic data);
     Questionnaires, surveys and other raw data accumulated in 
connection with research studies and other projects where the 
information has been consolidated or aggregated in analyses, reports, 
or studies covered by Item 2(a) (may include data maintained 
electronically);
     Records created to comply with the provisions of the 
Government in the Sunshine Act, annual reports to Congress describing 
the agency's compliance with the act;
     Documentation of subcommittees, working groups, or other 
subgroups of advisory committees, that support their reports and 
recommendations to the full or parent committee. This documentation may 
include, but is not limited to minutes, transcripts, reports, 
correspondence, briefing materials, and other related records; and
     Documentation of formally designated subcommittees and 
working groups. This documentation may include, but is not limited to 
minutes, transcripts, reports, correspondence, briefing materials, and 
other related records.
    (b) FACA files (paper and electronic formats) that relate to day-
to-day advisory committee activities and/or do not contain unique 
information of historical value are destroyed or deleted when three 
years old (N1-GRS-07-1 item 2b). The paper records are destroyed by 
shredding. The electronic files are deleted by electronic erasure. 
These files include such records as:
     Correspondence, reference and working files of Commission 
staff (excluding files covered by Item 2(a));
     Audiotapes and videotapes of Commission meetings and 
hearings that have been fully transcribed, informal still photographs 
and slides of Commission members and staff, meetings, hearings, and 
other events;
     Other routine records, such as public mail, requests for 
information, consultant personnel files, records relating to logistical 
aspects of Commission meetings and hearings, etc.; and
     Extra copies of records described in Item 2(a), e.g., 
copies of meeting agenda and minutes distributed to commission members 
and staff, files accumulated by agencies on interagency bodies other 
than the secretariat or sponsor.

    Notes:  Prior to destruction/deletion, NARA, in consultation 
with FCC staff, will review these records and may identify files 
that warrant permanent retention. Such records will be transferred 
to the National Archives at the time that related permanent records 
are transferred (N1-GRS-07-1 item 2b Note).

    2. Copies of FACA commission records, e.g., agendas, meeting 
minutes, final reports, and related records created by or documenting 
the accomplishments of boards and commissions are destroyed when three 
years old (N1-GRS-04-1 item 3). The paper records are destroyed by 
shredding. The electronic files are deleted by electronic erasure.
    3. Records that are maintained by FACA committee management 
officers that pertain to a FACA committee's establishment, appointment 
of members, and operation and termination, etc., are destroyed when six 
years old (N1-GRS-04-1 item 4). The paper records are destroyed by 
shredding. The electronic files are deleted by electronic erasure.
    4. OGE Form 450 files, documents, and records (including both paper 
and electronic formats) are generally retained for six years after 
filing following dissolution of the FACA Committee (except when filed 
by or with respect to a nominee for an appointment requiring 
confirmation by the Senate when the nominee is not appointed. In such 
cases, the records are generally destroyed one year after the date the 
individual ceased being under Senate consideration for appointment. 
However, if any records are needed in an ongoing investigation, they 
will be retained until no longer needed in the investigation). The 
paper records are destroyed by shredding. The electronic records are 
destroyed by electronic deletion or erasure.

SYSTEM MANAGER(S) AND ADDRESS:
    Assistant Managing Director, Performance Evaluation and Records 
Management (PERM), Office of Managing Director (OMD), Federal 
Communications Commission (FCC), 445 12th Street SW., Washington, DC 
20554.

NOTIFICATION PROCEDURE:
    Privacy Analyst, Performance Evaluation and Records Management 
(PERM), Federal Communications Commission (FCC), 445 12th Street SW., 
Washington, DC 20554, or http://transition.fcc.gov/omd/privacyact/request.html.

RECORD ACCESS PROCEDURES:
    Privacy Analyst, Performance Evaluation and Records Management 
(PERM), Federal Communications Commission (FCC), 445 12th Street SW., 
Washington, DC 20554, or http://transition.fcc.gov/omd/privacyact/request.html.

CONTESTING RECORD PROCEDURES:
    Privacy Analyst, Performance Evaluation and Records Management 
(PERM), Federal Communications Commission (FCC), 445 12th Street SW., 
Washington, DC 20554, or http://transition.fcc.gov/omd/privacyact/request.html.

RECORD SOURCE CATEGORIES:
    Information in this system includes, but is not limited to the 
information that is obtained from the FACA committee members, including 
their OGE Form 450 filings; the Designated Federal Officer (DFO) 
reporting on FACA committee membership and activities; and the results 
of the work of the advisory committees.

EXEMPTIONS CLAIMED FOR THE SYSTEM:
    None.

Federal Communications Commission.
Marlene H. Dortch,
Secretary, Office of the Secretary, Office of Managing Director.
[FR Doc. 2013-24757 Filed 10-22-13; 8:45 am]
BILLING CODE 6712-01-P