[Federal Register Volume 85, Number 167 (Thursday, August 27, 2020)]
[Notices]
[Pages 52999-53001]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-18888]


-----------------------------------------------------------------------

FEDERAL COMMUNICATIONS COMMISSION

[FRS 17006]


Privacy Act of 1974; System of Records

AGENCY: Federal Communications Commission.

ACTION: Notice of a modified system of records.

-----------------------------------------------------------------------

SUMMARY: The Federal Communications Commission (FCC or Commission or 
Agency) has transferred (within the FCC), renamed, and modified an 
existing system of records, FCC/OMD-31, Private or Civil Injury 
Claimants (formerly FCC/OGC-6, Private or Civil Injury Claimants), 
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. Staff in the Office of the Managing Director 
(OMD) and the Office of General Counsel (OGC) use the personally 
identifiable information (PII) in this system for purposes that 
include, but are not limited to, determining whether a damage claim 
filed against the FCC should be paid and for reference purposes when 
similar cases arise. As necessary, the records may be transferred to 
the appropriate Federal agency charged with the responsibility of 
disposition.

DATES: This action will become effective on September 28, 2020. Written 
comments on the system's routine uses are due by September 28, 2020. 
The routine uses in this action will become effective on September 28, 
2020, unless written comments are received that require a contrary 
determination.

ADDRESSES: Send comments to Leslie F. Smith, Privacy Manager, 
Information Technology (IT), Federal Communications Commission (FCC), 
Washington, DC 20554, or to [email protected] or [email protected].

FOR FURTHER INFORMATION CONTACT: Leslie F. Smith, (202) 418-0217, or 
[email protected] or [email protected] (and to obtain a copy of the 
Narrative Statement and the Supplementary Document, which includes 
details of the modifications to this system of records).

SUPPLEMENTARY INFORMATION: FCC/OMD-31 helps the FCC to determine 
whether a damage claim filed against the FCC should be paid and for 
reference purposes when similar cases arise. This notice serves to 
update and modify FCC/OMD-31 to reflect various necessary changes and 
updates, including an increased use of information technology, the 
expansion of the system's coverage of issues related to torts, and 
format changes required by OMB Circular A-108, since its previous 
publication. The substantive changes and modifications to the 
previously published version of the FCC/OMD-31 (formerly: FCC/OGC-6, 
Private or Civil Injury Claimants) system of records include:
    1. Changing the name of the system of records to FCC/OMD-31, 
Private or Civil Injury Claimants, to note that this system is being 
transferred to the FCC's Office of the Managing Director. Both the 
Office of the Managing Director and the Office of General Counsel are 
the joint managers for this system of records. The joint management of 
this SORN is also reflected in the information in the System Manager's 
section.
    2. Updating the Security Classification to follow OMB guidance and 
FCC guidance.
    3. Adding 28 U.S.C. 1346(b), 1402(b), 2401(b), 2671 et seq., 31 
U.S.C. 3711; and Military Personnel and Civilian Employees' Claims Act, 
31 U.S.C. 3721, to the Authorities for Maintenance of the System as 
part of the necessary updates to the system to add military and 
civilian employees to the groups who are private or civil injury 
claimants.
    4. Modifying the Purposes, Categories of Individuals, and 
Categories of Records to add military and civilian employees to those 
individuals who are private or civil injury claimants.
    5. Deleting routine use (1) Public Access, since releases under the 
FOIA are covered by 5 U.S.C. 552a(b)(2), so a separate routine use for 
them is not needed.
    6. Updating language and/or renumbering four routine uses: (1) 
Adjudication and Litigation; (2) Law Enforcement and Investigation; (3) 
Congressional Inquiries; and (4) Government-wide Program Management and 
Oversight.
    7. Adding four new routine uses: (5) Breach Notification to address 
real or suspected data breach situations at the FCC; (6) Assistance to 
Federal Agencies and Entities to allow the FCC to provide assistance to 
other Federal agencies in their data breach situations; (7) For Non-
Federal Personnel to allow contractors performing or working on a 
contract for the Federal Government access to this system's 
information; and (8) Non-FCC Individuals and Organizations to provide 
information to individuals and organizations as necessary to obtain 
information related to an investigation. Routine Uses (5) and (6) are 
required by OMB Memorandum 17-12.
    8. Adding two new sections: Reporting to a Consumer Reporting 
Agency to address valid and overdue debts owed by individuals to the 
FCC under the Debt Collection Act, as recommended by OMB; and History 
to reference the previous publication of this SORN in the Federal 
Register, as required by OMB Circular A-108.

[[Page 53000]]

    The system of records is also updated to reflect various 
administrative changes related to policy and practices for storage, 
retrieval, and retention and disposal of the records; administrative, 
technical, and physical safeguards; and updated notification, records 
access, and contesting records procedures.

SYSTEM NAME AND NUMBER:
    FCC/OMD-31, Private or Civil Injury Claimants.

SECURITY CLASSIFICATION:
    Unclassified.

SYSTEM LOCATION:
    Office of the Managing Director (OMD) and Office of General Counsel 
(OGC), Federal Communications Commission, Washington, DC 20554.

SYSTEM MANAGER(S):
    Office of the Managing Director (OMD) and Office of General Counsel 
(OGC), Federal Communications Commission (FCC), Washington, DC 20554.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    28 U.S.C. 1346(b), 1402(b), 2401(b), 2671 et seq.; 31 U.S.C. 3711; 
Military Personnel and Civilian Employees' Claims Act, 31 U.S.C. 3721.

PURPOSE(S) OF THE SYSTEM:
    Staff in OMD and OGC use information in the system's records for 
purposes that include, but are not limited to, determining whether the 
damage claim(s) (including claims filed by military personnel and 
civilian employees) filed against the FCC should be paid and for 
reference purposes when similar cases arise.\1\ As necessary, the 
records may be transferred to the appropriate Federal agency charged 
with the responsibility of disposition.
---------------------------------------------------------------------------

    \1\ OGC reviews tort claims made against the FCC. Claimants 
should complete a Standard Form 95, Claim for Damage, Injury or 
Death, and are encouraged to submit the form by email to 
[email protected]. If email is impracticable, claimants may also 
submit a claim by U.S. Mail as noted on the FCC's web page at: 
www.fcc.gov.
---------------------------------------------------------------------------

 CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Individuals in this system include, but are not limited to, any 
individuals who are claimants under the Federal Tort Claims Act (FTCA), 
or the Military Personnel and Civilian Employees' Claims Act, or who 
assert a tort claim against an FCC employee.\2\
---------------------------------------------------------------------------

    \2\ Information in this system may also be covered by the FCC/
OMD-29, Motor Vehicle Maintenance Program, system of records, See 
https://www.fcc.gov/general/privacy-act-information#systems.
---------------------------------------------------------------------------

CATEGORIES OF RECORDS IN THE SYSTEM:
    Information in this system of records includes, but is not limited 
to, claims and supporting documentation (i.e., SF 95, Claim for Damage, 
Injury or Death), accident and incident reports, witness statements, 
tort claim vouchers, correspondence, memoranda, medical bills and 
payment receipts, repair and payment estimates and receipts, and 
pictures and other supporting documentation, and related types of 
records, reports, files, and materials, which are associated with 
individuals who are claimants under the Federal Tort Claims Act (FTCA), 
or the Military Personnel and Civilian Employees' Claims Act, or who 
assert a tort claim against an FCC employee.\3\
---------------------------------------------------------------------------

    \3\ Ibid.
---------------------------------------------------------------------------

RECORD SOURCE CATEGORIES:
    The sources for the information in this system of records include, 
but are not limited to:
    (a) Individuals filing such claims;
    (b) Individuals who are the subjects of such claims;
    (c) Attorneys or representatives of the claimants and the subjects 
of the claims;
    (d) Communication between FCC bureaus and offices (B/Os); and
    (e) Investigative materials and related documentation and decisions 
involved in appeals, amendments, and litigation concerning such claims.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND PURPOSES OF SUCH USES:
    In addition to those disclosures generally permitted under 5 U.S.C. 
552a(b) of the Privacy Act, all or a portion of the records or 
information contained in this system may be disclosed to authorized 
entities, as is determined to be relevant and necessary, outside the 
FCC as a routine use pursuant to 5 U.S.C. 552a(b)(3) as follows.
    1. 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.
    2. 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.
    3. 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.
    4. Government-wide Program Management and Oversight--To disclose 
information to the National Archives and Records Administration (NARA) 
for use in its records management inspections; to the Government 
Accountability Office (GAO) for oversight purposes (including 
determinations concerning relief of accountable personnel from 
liability for losses of public funds and related fiscal matters); to 
the U.S. Treasury to disburse payment determination information to pay 
a claimant once the compensation decision has been reached; to the 
Department of Justice (DOJ) to obtain that department's advice 
regarding disclosure obligations under the Freedom of Information Act 
(FOIA); or to the Office of Management and Budget (OMB) to obtain that 
office's advice regarding obligations under the Privacy Act.
    5. 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.
    6. 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

[[Page 53001]]

security, resulting from a suspected or confirmed breach.
    7. For Non-Federal Personnel--To disclose information to non-
Federal personnel, i.e., contractors, performing or working on a 
contract in connection with private or civil injury claims and/or IT 
services for the Federal Government, who may require access to this 
system of records.
    8. Non-FCC Individuals and Organizations--To disclose information 
to individuals, including former FCC employees, and organizations, in 
the course of an investigation to the extent necessary to obtain 
information pertinent to the investigation.

REPORTING TO A CONSUMER REPORTING AGENCY:
    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:
    Information in this system includes both paper and electronic 
records. The paper records, documents, and files are maintained in file 
cabinets that are located in OMD and OGC, and in the bureaus and 
offices (B/Os) of the FCC staff who provide the responses to such 
claims. The electronic records, files, and data are stored in the FCC's 
computer network.

POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
    Records are retrieved by the name of the individual who filed the 
private or civil injury claims.

POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
    Records are retained and disposed of in accordance with the agency 
records control schedule N1-173-91-001, Item 6, approved by the 
National Archives and Records Administration (NARA).

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 OMD and OGC employees and contractors, and to 
employees and contractors in other B/Os who require access, as 
required, for specific purposes related to the private or civil injury 
claim processes; 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).
    Paper records (e.g., SF Form 95 and related claims' documents and 
materials) are kept in file cabinets in the OMD and OGC office suites. 
The file cabinets containing these paper records are maintained in non-
public rooms in the OMD, OGC, and B/O suites. The file cabinets are 
locked at the end of the day, or when not in use. Access to these 
office suites is through card-coded doors. The access points to these 
offices are also monitored. Only authorized OMD, OCG, and B/O 
supervisors and staff who are responsible for responding to these 
claims have access to these paper records. Other FCC employees and 
contractors in other B/Os may be granted access as required, on a 
temporary or limited basis for specific purposes related to the private 
or civil injury claim processes. The same storage and security measures 
apply to these loaned documents.

RECORDS ACCESS PROCEDURES:
    Individuals wishing to request access to and/or amendment of 
records about them should follow the Notification Procedure below.

CONTESTING RECORD PROCEDURES:
    Individuals wishing to request an amendment of records about them 
should follow the Notification Procedure below.

NOTIFICATION PROCEDURES:
    Individuals wishing to determine whether this system of records 
contains information about them may do so by writing to Leslie F. 
Smith, Privacy Manager, Information Technology, Federal Communications 
Commission, Washington, DC 20554, or email [email protected] or 
[email protected]. 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 PROMULGATED FOR THE SYSTEM:
    None.

HISTORY:
    The FCC previously gave full notice of FCC/OMD-31, Private or Civil 
Injury Claimants (formerly: FCC/OGC-6, Private or Civil Injury 
Claimants), by publication in the Federal Register on April 5, 2006 (71 
FR 17234, 17245).

Federal Communications Commission.
Marlene Dortch,
Secretary.
[FR Doc. 2020-18888 Filed 8-26-20; 8:45 am]
BILLING CODE 6712-01-P