[Federal Register Volume 84, Number 239 (Thursday, December 12, 2019)]
[Notices]
[Pages 67964-67967]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-26755]


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NATIONAL LABOR RELATIONS BOARD


Notice of an Amended Privacy Act System of Records; Request for 
Comment

AGENCY: National Labor Relations Board.

ACTION: Notice of an Amended Privacy Act System of Records; request for 
comment.

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SUMMARY: Pursuant to the provisions of the Privacy Act of 1974, the 
National Labor Relations Board (NLRB or Agency) publishes this notice 
of its intention to amend a system of records, NLRB-32, Freedom of 
Information Act Tracking System (FTS) and Associated Agency Files. 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: This system of records, NLRB-32, was 
previously published on December 13, 2006 (71 FR 74941), along with 
eleven other systems of records. On July 16, 2007, pursuant to 5 U.S.C. 
552a(k)(2), a Final Rule was published (72 FR 38778), exempting 
portions of this system of records from the following provisions of the 
Privacy Act: 5 U.S.C. 52a(d)(3), (d), (e)(1), (e)(4)(G), (e)(4)(H), 
(e)(4)(I), and (f), insofar as the system contains investigatory 
material compiled for law enforcement purposes. Specifically, the Final 
Rule for this system exempted information requested under the Freedom 
of Information Act, 5 U.S.C. 552, that relates to: The Agency's 
investigation of unfair labor practice charges and representation 
cases, requests to file injunctions under 29 U.S.C. 160(j), requests to 
initiate federal court contempt proceedings, certain requests that the 
Board initiate litigation or intervene in non-Agency litigation, 
investigative subpoena enforcement cases, injunction and mandamus 
actions regarding Agency cases under investigation, bankruptcy case 
information in matters under investigation, Freedom of Information Act 
(FOIA) litigation, information involving investigatory records, and any 
other investigatory material compiled for law enforcement purposes.
    As of August 1, 2017, this FTS system is a legacy system only. The 
Agency will continue retrieving information from the system when 
appropriate, but no additional information is being added to it. The 
Agency is using FOIAonline (https://foiaonline.regulations.gov), and a 
separate system of records notice is being published for that system, 
NLRB FOIAonline. FOIAonline is a system managed and used by the 
Environmental Protection Agency (EPA) and multiple partner agencies as 
a secure, password-protected website to electronically receive, 
process, track, and store requests from the public for federal records; 
post responsive records to a website; collect data for annual reporting 
requirements to the Department of Justice; and manage internal FOIA 
administration activities. The NLRB's FOIA information for requests 
made prior to fiscal year 2015 are maintained only in FTS, and 
information for requests made between fiscal year 2015 and July 31, 
2017 are maintained in both systems.

SYSTEM NAME AND NUMBER:
    Freedom of Information Act Tracking System (FTS) and Associated 
Agency Files. NLRB-32.

SECURITY CLASSIFICATION:
    None.

SYSTEM LOCATION:
    Records are stored on electronic media at Agency Headquarters, and 
any legacy paper files are stored at Headquarters and the Regional 
Offices, or in a Federal Records Center. See the Agency's website for 
addresses (www.nlrb.gov). 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, FTS may also be accessed 
electronically from alternative worksites, including 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):
    FTS is a legacy electronic case tracking system used by the 
Agency's FOIA Branch to facilitate the accurate and timely collection, 
retrieval, and retention of information to track FOIA requests from the 
public for documents maintained by the Agency, as well as 
administrative appeals of Agency FOIA determinations. Beginning August 
1, 2017, the Agency uses FOIAonline, an EPA-administered system used by 
that agency and multiple partner agencies as 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 quarterly and 
annual reporting requirements to the Department of Justice; and manage 
internal FOIA administration activities. The NLRB's FOIA information 
for requests made prior to fiscal year 2015 is maintained only in FTS 
and Associated Agency Files. The information and activities tracked by 
FTS may be generated by the parties' filing of FOIA requests, the 
issuance of initial FOIA determinations, the parties' filing of FOIA 
appeals, and the Agency's final determinations. FTS is used to track 
the processing of FOIA requests from initial receipt of requests 
through Agency determination on appeal, the nature of records sought, 
exemptions claimed by the Agency in initial determinations, processing 
time, and any fee charges. This database is also used to generate data 
for managing the Agency's resources, creating the Agency's budget, 
preparing monthly and annual reports of casehandling activities, and 
providing requested statistical reports to the public. The Associated 
Agency Files are paper files maintained to document FOIA requests and 
appeals, and electronic files maintained on the Agency's system.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Individuals making FOIA requests for documents maintained by the 
Agency and those requesters appealing initial Agency FOIA 
determinations (``FOIA appellants''); individual parties in Agency and 
related judicial proceedings named in FOIA requests; current and former 
Agency employees assigned to process FOIA requests and appeals.

CATEGORIES OF RECORDS IN THE SYSTEM:
    (1) Summary information of FOIA requests and appeals made to the 
Agency (such as requester contact

[[Page 67966]]

information, assumption of fees information, request information, 
appeal information, and Agency personnel assigned to process FOIA 
requests) is maintained in FTS. Electronic documents associated with 
FOIA requests and appeals are maintained on an Agency network drive and 
are accessible through FTS.
    (2) Associated Agency Files are paper and electronic records 
concerning the processing of initial FOIA requests to the Agency and 
appeals of those initial determinations. These records include 
administrative records (such as FOIA requests, initial Agency 
determinations, documents responsive to the FOIA requests, documents 
withheld from FOIA requesters, final Agency determinations on appeal, 
and bills to the requesters for chargeable fees), correspondence, legal 
research memoranda, and other related documents. Both FTS and the 
Associated Agency Files may include FOIA requesters' and FOIA 
appellants' home addresses and home telephone numbers, if such 
information is provided to the Agency. Portions of these records 
include civil investigatory and law enforcement information contained 
in the requested documents at issue. As of June 2016, the Agency no 
longer created Associated Agency Files in paper form.

RECORDS SOURCE CATEGORIES:
    For records not exempted under 5 U.S.C. 552a(k)(2) of the Privacy 
Act, record source categories include Agency employees processing FOIA 
requests, 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 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;
    3. to individuals who need the information in connection with the 
processing of an internal Agency grievance;
    4. to an arbitrator to resolve disputes under a negotiated Agency 
grievance arbitration procedure;
    5. 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);
    6. 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;
    7. to FOIA requesters, when the Agency discloses requested 
documents under the circumstances of the Agency's discretionary release 
policy, set forth in the Agency's FOIA Manual (available on the 
Agency's website at www.nlrb.gov);
    8. 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;
    9. 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;
    10. to agencies of the United States Government, or to foreign or 
international law enforcement or administrative authorities, in order 
to comply with requirements imposed by, or to claim rights conferred 
in, international agreements and arrangements in which the United 
States participates; and
    11. to the National Archives and Records Administration, Office of 
Government Information Services (OGIS), to the extent necessary to 
fulfill its responsibilities under 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.

DISCLOSURE TO CONSUMER REPORTING AGENCIES:
    None.

POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
    Data is maintained on paper and electronic media.

POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
    Data may be retrieved by individual names of those making FOIA 
requests and FOIA appeals to the Agency; names of parties in Agency or 
related judicial proceedings named in FOIA requests, names of current 
and former Agency employees assigned to cases; as well as by non-
personal identifiers, such as case numbers assigned by the Agency.

POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
    FTS information will be 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:
    Paper--Access to Agency working and storage areas is restricted to 
Agency employees who have a need to use the information in order to 
perform their duties, custodial personnel, and other contractor and 
security personnel. Associated Agency Files are maintained in lockable 
file cabinets in staffed or locked areas during working hours. The 
facilities are protected from unauthorized access during non-working 
hours by security personnel.
    Electronic--Electronic system-based access controls are in place to 
prevent data misuse. Access to electronic information is controlled by 
administrators who determine users' authorized access based on each 
user's office and position within the Agency. Access criteria, 
procedures, controls, and responsibilities are documented and 
consistent with the policies stated in policies AC-1 ``Information 
Security

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Access Control Policy'' dated October 3, 2017 and IA-1 ``Information 
Security Identification and Authentication Policy'' dated September 8, 
2017. 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. Agency employees 
may access FTS from alternative worksites but may not reproduce or 
transfer Agency information or documents to any system or equipment 
other than NLRB systems and NLRB-approved equipment.

RECORDS ACCESS PROCEDURES:
    For records not exempted under 5 U.S.C. 552a(k)(2) of the Privacy 
Act, an individual seeking to gain access to records in this system 
pertaining to their own records should contact the System Manager in 
accordance with the procedures set forth in 29 CFR 102.119(b)-(c).

CONTESTING RECORDS PROCEDURE:
    For records not exempted under 5 U.S.C. 552a(k)(2) of the Privacy 
Act, an individual 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:
    For records not exempted under 5 U.S.C. 552a(k)(2) of the Privacy 
Act, 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 
102.119(a).

EXEMPTIONS PROMULGATED FOR THE SYSTEM:
    Pursuant to 5 U.S.C. 552a(k)(2), the Agency has exempted portions 
of this system, including investigatory material compiled for law 
enforcement purposes and requested under the FOIA, from the following 
provisions of the Privacy Act: 5 U.S.C. 552a(c)(3), (d), (e)(1), 
(e)(4)(G), (e)(4)(H), (e)(4)(I), and (f).

HISTORY:
    A notice of this system was previously published on December 13, 
2006 (71 FR 74941).

    Dated: Washington, DC, December 9, 2019.

    By direction of the Board.
Roxanne L. Rothschild,
Executive Secretary.
[FR Doc. 2019-26755 Filed 12-11-19; 8:45 am]
 BILLING CODE 7545-01-P