[Federal Register Volume 84, Number 239 (Thursday, December 12, 2019)]
[Notices]
[Pages 67967-67969]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-26754]


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NATIONAL LABOR RELATIONS BOARD


Notice of a New System of Records; Request for Comments

AGENCY: National Labor Relations Board.

ACTION: Notice of a New System of Records; request for comments.

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SUMMARY: Pursuant to the provisions of the Privacy Act of 1974, the 
Agency publishes this notice of its use and maintenance of a system of 
records, NLRB-35, NLRB FOIAonline. All persons are advised that, in the 
absence of submitted comments considered by the Agency as warranting 
modification of the notice as here proposed, it is the intention of the 
Agency that the notice shall be effective upon expiration of the 
comment period without further action.

DATES: Written comments must be received on or before January 13, 2020.

ADDRESSES: All persons who desire to submit written comments for 
consideration by the Agency in connection with this proposed notice of 
the amended system of records shall mail them to the Agency's Senior 
Agency Official for Privacy, National Labor Relations Board, 1015 Half 
Street SE, Third Floor, Washington, DC 20570-0001, or submit them 
electronically to [email protected]. Comments may also be submitted 
electronically through http://www.regulations.gov, which contains a 
copy of this proposed notice and any submitted comments.

FOR FURTHER INFORMATION CONTACT: Virginia Ephraim, IT Security and 
Privacy Compliance Specialist, National Labor Relations Board, 1015 
Half Street SE, Third Floor, Washington, DC 20570-0001, (202)-273-3733, 
[email protected].

SUPPLEMENTARY INFORMATION: The NLRB FOIAonline system contains 
electronic information of each request and administrative appeal made 
to the Agency pursuant to the Freedom of Information Act (FOIA), as 
well as correspondence related to the requests and appeals, including 
names, addresses, telephone numbers, and other information about a 
requester. NLRB FOIAonline is managed by the United States 
Environmental Protection Agency (EPA) and used by the EPA and other 
agencies to process, track, and respond to FOIA requests and appeals. 
The NLRB FOIAonline system provides the NLRB with a secure, password-
protected website to electronically receive, process, track, and store 
requests from the public for federal records; store responsive records; 
post responsive records to a website; collect data for annual reporting 
requirements to the Department of Justice; and manage internal FOIA 
administration activities. In addition, the NLRB FOIAonline system 
allows the public to submit and track FOIA requests and appeals; access 
requests and responsive records online, and obtain the status of 
requests filed with the NLRB. Social security numbers and other types 
of personally identifiable information may be provided in requests or 
in responsive documents to first-party requesters. Such sensitive 
personally identifiable information (PII) is not made publicly 
available. The name of a FOIA requester is publicly available and 
searchable by the public. With the exception of a requester's name, any 
other personally identifiable information provided by a requester 
during the process of completing the request form or creating an online 
account (e.g., home addresses, email address, and contact information) 
will not be posted to the website, nor will it be searchable by the 
public. PII determined to be publicly releasable and contained in 
documents released to the public under FOIA (e.g., the names and 
official contact information of government employees or the names of 
agency correspondents) will be publicly available and searchable by the 
public when posted. Individuals accessing the system are the Agency's 
Chief FOIA Officer, FOIA Officer, FOIA Branch management, FOIA 
processors, and members of the public. Prior to the use of NLRB 
FOIAonline, the Agency used NLRB-32, its FOIA Tracking System, which 
was published on December 13, 2006 (71 FR 74941). As of August 1, 2017, 
FTS is a legacy system only, and its modification is being published.
SYSTEM NAME AND NUMBER
    NLRB FOIAonline. NLRB-35

SECURITY CLASSIFICATION:
    None.

SYSTEM LOCATION:
    Records are stored electronically through the FOIAonline website, 
maintained at EPA's National Computer Center located at 109 T.W. 
Alexander Drive, Durham, NC 27709. Records from limited numbers of FOIA 
requests involving large volumes of documents may also be stored in 
contractor-maintained electronic databases with document management 
capabilities. Additionally, pursuant to the Agency's flexiplace and 
telework programs, or due to official travel, NLRB FOIAonline may also 
be accessed electronically from alternative worksites, including

[[Page 67968]]

employees' homes. All appropriate safeguards will be taken at these 
sites.

SYSTEM MANAGER:
    Assistant General Counsel/Freedom of Information Act Officer, FOIA 
Branch, National Labor Relations Board. The Agency's address is 
available on its website (www.nlrb.gov).

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    5 U.S.C. 552; 44 U.S.C. 3101.

PURPOSE(S):
    To provide the public a single location to submit and track FOIA 
requests and administrative appeals filed with participating agencies 
such as the NLRB, to participate in litigation regarding agency action 
on such requests and appeals, to manage internal FOIA administration 
activities, to collect data for quarterly and annual reporting 
requirements to the Department of Justice, and to assist the NLRB in 
carrying out any other responsibilities under the FOIA, Privacy Act, 
and applicable executive orders. NLRB FOIAonline may also be used to 
assist in evaluating Agency employee performance. This system replaces 
the Agency's FTS system (NLRB-32), which is now a legacy system only.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Individuals requesting information or filing administrative appeals 
under the Freedom of Information Act; current and former Agency 
employees assigned to process FOIA requests and appeals; individual 
parties in Agency and related judicial proceedings; and individuals who 
are subjects of such requests and administrative appeals.

CATEGORIES OF RECORDS IN THE SYSTEM:
    A copy of each Freedom of Information Act request received by the 
NLRB, which may include individuals' names, mailing addresses, email 
addresses, phone numbers, social security numbers, dates of birth, user 
names and passwords for registered users, FOIA tracking numbers, dates 
requests are submitted and received, related administrative appeals and 
agency responses. Records also include communications with requesters, 
internal FOIA administrative documents, notes or other related or 
supporting documentation, and responsive records.

RECORDS SOURCE CATEGORIES:
    Record source categories include the Agency's electronic case 
management system (NxGen), the Agency's email system, Agency employees 
processing FOIA requests and providing information, FOIA requesters and 
appellants, and documents relating to the processing of a FOIA request.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND THE PURPOSE OF SUCH USES:
    Records may be disclosed:
    1. To a federal, state, or local agency (including a bar 
association or other legal licensing authority), charged with the 
responsibility for investigating, defending, or pursuing violations of 
law or rule (civil, criminal, or regulatory in nature), in any case in 
which there is an indication of a violation or potential violation of 
law or rule;
    2. to another federal agency (a) with an interest in the record in 
connection with a referral of a FOIA request to that agency for its 
views or decision on disclosure, or (b) in order to obtain advice and 
recommendations concerning matters on which the agency has specialized 
experience or particular competence that may be useful to an agency in 
making required determinations under the FOIA;
    3. in a federal, state, or local proceeding or hearing, which is 
administrative, judicial, or regulatory, in accordance with the 
procedures governing such disclosure and proceeding or hearing, and 
such records are determined by the Agency to be arguably relevant to 
the litigation;
    4. to a submitter of records or subject of a record in order to 
provide assistance to the NLRB in making a determination as to 
disclosure.
    5. information from this system of records may be disclosed to 
appropriate Federal, State, or local agencies, other entities, and 
persons when it is suspected or confirmed that: (1) The security or 
confidentiality of information in the system of records has been 
compromised; (2) 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 that rely upon 
the compromised information; and (3) and those receiving the 
information are reasonably necessary to assist with the Agency's 
efforts to respond to the suspected or confirmed compromise and to 
prevent, minimize, or remedy any such harm.
    6. to the Agency's legal representative, including the Department 
of Justice and other outside counsel, where the Agency is a party in 
litigation or has an interest in litigation, including when any of the 
following is a party to litigation or has an interest in such 
litigation: (a) The Agency, or any component thereof; (b) any employee 
of the Agency in his or her official capacity; (c) any employee of the 
Agency in her or her individual capacity, where the Department of 
Justice has agreed or is considering a request to represent the 
employee; or (d) the United States, where the Agency determines that 
litigation is likely to affect the Agency or any of its components;
    7. to individuals who need the information in connection with the 
processing of an internal Agency grievance;
    8. to an arbitrator to resolve disputes under a negotiated Agency 
grievance arbitration procedure;
    9. to officials of labor organizations recognized under 5 U.S.C., 
chapter 71, when disclosure is not prohibited by law, and the data is 
normally maintained by the Agency in the regular course of business and 
is necessary for a full and proper discussion, understanding, and 
negotiation of subjects within the scope of collective bargaining. The 
foregoing shall have the identical meaning as 5 U.S.C. 7114(b)(4);
    10. to a member of Congress or to a congressional staff member in 
response to an inquiry of the congressional office made at the request 
of the constituent about whom the records are maintained;
    11. to the following federal agencies: (a) The Office of Management 
and Budget in order to obtain advice regarding the Agency's obligations 
under the Privacy Act, or to assist with the Agency's budget requests; 
(b) the Department of Justice in order to obtain advice regarding the 
Agency's obligations under the Freedom of Information Act; or (c) the 
National Archives and Records Administration, in records management 
inspections conducted under the authority of 44 U.S.C. 2904 and 2906;
    12. to contractors and other federal agencies, for the purpose of 
assisting the Agency in further development and continuing maintenance 
of electronic case tracking systems, or for assisting the Agency with 
electronic document management for purposes of responding to discovery, 
FOIA requests, or congressional inquiries;
    13. to the National Archives and Records Administration, Office of 
Government Information Services (OGIS), to the extent necessary to 
fulfill its responsibilities in 5 U.S.C. 552(h), to review 
administrative agency policies, procedures and compliance with the 
FOIA, and to facilitate OGIS' offering of mediation services to resolve 
disputes between persons making FOIA requests and administrative 
agencies.

[[Page 67969]]

DISCLOSURE TO CONSUMER REPORTING AGENCIES:
    None.

POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
    Records are stored in a secure, password protected electronic 
system that utilizes security hardware and software to include multiple 
firewalls, active intruder detection, and role-based access controls.

POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
    Requests are retrieved from the system by numerous data elements 
and key word searches, including name, agency, date, subject, FOIA 
tracking number, and other information retrievable with full-text 
searching capability.

POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
    Records are retained and disposed of in accordance with General 
Records Schedule 4.2, Item 020, which provides for destruction six 
years after final agency action, but longer retention is authorized if 
required for business use.

ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
    Access to electronic information is controlled by administrators 
who determine users' authorized access based on each user's office and 
position within the office. Access criteria, procedures, controls, and 
responsibilities are documented and consistent with the policies stated 
in APPM IT-8 (Agency Wide Information Assurance Policy), memorandum AC-
1: Information Security Access Control Policy, and memorandum 1A-1: 
Information Security Identification and Authentication Policy. All 
network users are also warned at the time of each network login that 
the system is for use by authorized users only, and that unauthorized 
or improper use is a violation of law. Those Agency employees who 
telework may access NLRB FOIAonline from alternative worksites and are 
instructed as to keeping such information in a secure manner.

RECORDS ACCESS PROCEDURES:
    Individuals seeking to gain access to their own records in this 
system should contact the System Manager in accordance with the 
procedures set forth in 29 CFR 102.119(b)-(c).

CONTESTING RECORDS PROCEDURE:
    Individuals may request amendment of a record in this system 
pertaining to their own records by directing a request to the System 
Manager in accordance with the procedures set forth in 29 CFR 
102.119(d).

NOTIFICATION PROCEDURES:
    An individual may inquire as to whether this system contains a 
record pertaining to such individual by directing a request to the 
System Manager in accordance with the procedures set forth in 29 CFR 
102.1 1 9(a).

EXEMPTIONS PROMULGATED FOR THE SYSTEM:
    None.

HISTORY:
    None for this system.

    Dated: Washington, DC, December 9, 2019.

    By direction of the Board.
Roxanne L. Rothschild,
Executive Secretary.
[FR Doc. 2019-26754 Filed 12-11-19; 8:45 am]
 BILLING CODE 7545-01-P