[Federal Register Volume 85, Number 217 (Monday, November 9, 2020)]
[Notices]
[Pages 71337-71340]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-24730]


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FEDERAL COMMUNICATIONS COMMISSION

[FRS 17207]


Privacy Act of 1974; System of Records

AGENCY: Federal Communications Commission.

ACTION: Notice of a modified system of records.

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SUMMARY: The Federal Communications Commission (FCC, Commission, or 
Agency) has modified an existing system of records, FCC/OMD-3, Federal 
Advisory Committee Act (FACA) Membership Files, subject to the Privacy 
Act of 1974, as amended. This action is necessary to meet the 
requirements of the Privacy Act to publish in the Federal Register 
notice of the existence and character of records maintained by the 
Agency. The FCC uses this information to manage its Federal Advisory 
Committees (``advisory committees'' or ``committees''), which provide 
expertise and advice on a broad range of issues affecting policies and 
programs.

DATES: This action will become effective on November 9, 2020. Written 
comments on the system's routine uses are due by December 9, 2020. The 
routine uses in this action will become effective on December 9, 2020, 
unless written comments are received that require a contrary 
determination.

ADDRESSES: Send comments to Privacy Team, Federal Communications 
Commission, 45 L Street NE, Washington, DC 20554, or [email protected].

FOR FURTHER INFORMATION CONTACT: Ms. Margaret Drake, Privacy Team, 
Federal Communications Commission, 45 L Street NE, Washington, DC 
20554, 202-418-1707, or [email protected] (and to obtain a copy of the 
Narrative Statement and the Supplementary Documentation, which includes 
details of the modifications to this system of records).

SUPPLEMENTARY INFORMATION: FCC/OMD-3 helps the FCC manage Federal 
Advisory Committees, which provide expertise and advice on a broad 
range of issues affecting policies and programs. This notice serves to 
modify FCC/OMD-3 as a result of various necessary changes and updates, 
which include format changes required by OMB Circular A-108 since its 
previous publication. The substantive changes and modification to the 
previously published version of FCC/OMD-3 system of records include:
    1. Updating the Security Classification to be consistent with FCC 
policies and Executive Order 13556.
    2. Updating/revising the language in the Categories of Individuals 
to include applicants/nominees for membership to FCC Federal Advisory 
Committees.
    3. Updating/revising the Categories of Records to include 
information collected from applicants/nominees for membership to FCC 
Federal Advisory Committees.
    4. Updating/revising the Records Source Categories to include 
applicants/nominees for membership to FCC Federal Advisory Committees.
    5. Updating and/or revising language in seven Routine Uses: (1) 
Committee Communication and Reporting; (2) Public Access; (3) 
Adjudication and Litigation, (4) Law Enforcement and Investigation, (5) 
Congressional Inquiries, (6) Government-wide Program Management and 
Oversight, and (7) Breach Notification.
    6. Adding two new Routine Uses: (8) Assistance to Federal Agencies 
and Entities, to allow the FCC to provide assistance to other Federal 
agencies in their data breach situations, as required by OMB Memorandum 
M-17-12; and (9) Contract Services, Grants, or Cooperative Agreements, 
to allow contractors performing or working on a contract for the 
Federal Government access to information in this system.
    7. 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 a History 
section referencing the previous publication of this SORN in the 
Federal Register, as required by OMB Circular A-108.
    8. Updating the Policies and Practices for Retention and Disposal 
of Records in this system to state that the records in this system are 
covered by the National Archives and Records Administration's (NARA) 
General Records Schedule (GRS) DAA-GRS-2015-0001 (GRS 6.2) Federal 
Advisory Committee Records.
    The system of records is also updated to reflect various 
administrative changes related to the policy and practices for storage 
and retrieval of the information; administrative, technical, and 
physical safeguards; and updated notification, records access, and 
procedures to contest records.

SYSTEM NAME AND NUMBER: FCC/OMD-3, Federal Advisory Committee Act 
(FACA) Membership Files.
SECURITY CLASSIFICATION:
    Unclassified.

[[Page 71338]]

SYSTEM LOCATION:
    1. General Files (stored electronically): Associate Managing 
Director--Performance Evaluation and Records Management (PERM), Office 
of Managing Director (OMD), Federal Communications Commission (FCC), 
Washington, DC 20554; (202) 418-7044.
    2. Financial Disclosure Files (i.e., OGE Form 450 and FCC Form 
A54A): Office of General Counsel (OGC), Federal Communications 
Commission (FCC), Washington, DC 20554; (202) 418-1720.
    3. Committee-Specific Files: Information concerning the FCC's 
current FACA Committees may be found at: https://fcc.gov/about-fcc/advisory-committees-fcc.\1\
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    \1\ The list of FACAs covered by the system of records is 
subject to change, as reflected on the Commission's website.
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SYSTEM MANAGER(S) AND ADDRESS:
    Associate Managing Director, Performance Evaluation and Records 
Management (PERM), Office of Managing Director (OMD), Federal 
Communications Commission (FCC), Washington, DC 20554.

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) OF THE SYSTEM:
    This system includes the personally identifiable information (PII) 
of applicants/nominees and members of the FCC's Federal Advisory 
Committee ACT (FACA) committees, including but not limited to, their 
contact data. The information in this system includes, but is not 
limited to, information that is used to:
    1. Communicate effectively and promptly with the FCC's FACA 
committee applicants, members, individual participants, and 
administrative assistants;
    2. Complete mandatory reports to Congress and the General Services 
Administration (GSA) about FACA advisory committee matters; and
    3. Ensure compliance with all ethical and conflict-of-interest 
requirements concerning the applicants/nominees and members of the 
FCC's FACA advisory committees, including the requirements in OGE Form 
450.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    The categories of individuals in this system include, but are not 
limited to:
    1. Applicants/Nominees to FACA committees sponsored or co-sponsored 
by FCC;
    2. Members of FACA committees sponsored or co-sponsored by the FCC;
    3. Individual participants in FACA working groups/subcommittees 
(who are not necessarily appointed members of the advisory committee); 
and
    4. 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 Applicants/Nominees and Members:
    Applicant/Nominee/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 applicant/nominee/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 participant'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 respective advisory committee.
    4. Originals or copies of the financial disclosure form, OGE Form 
450,\2\ and associated vetting documentation, which the FACA committee 
applicants/nominees and 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.
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    \2\ The PII contained in OGC Form 450 is covered by the Office 
of Government Ethics' government-wide system of records, OGE/GOVT-2, 
Executive Branch Confidential Financial Disclosure Report. See 84 FR 
47301.
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RECORD SOURCE CATEGORIES:
    The sources for the information in this system include, but are not 
limited to, the information that is supplied by individuals applying 
for membership to the FCC's FACA committees, members of the FCC's FACA 
committees, individual participants in the FCC's FACA committee working 
groups/subcommittees, and advisory committee members' administrative 
assistants or organizational contacts.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND THE 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. In 
each of these cases, the FCC will determine whether disclosure of the 
records is compatible with the

[[Page 71339]]

purpose(s) for which the records were collected:
    1. Committee Communication and Reporting--Records 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, their assistants, 
and other participants 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: https://www.fcc.gov/about-fcc/advisory-committees-fcc, as well as in the 
searchable database found on the General Services Administration's 
(GSA) website at https://www.facadatabase.gov/FACA/FACAPublicPage.
    3. 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; or (b) any employee of the FCC in his or her 
official capacity; or (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.
    4. 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.
    5. Congressional Inquiries--To provide information to a 
Congressional office from the record of an individual in response to an 
inquiry from that Congressional office made at the written request of 
that individual.
    6. Government-wide Program Management and Oversight--To provide 
information to the General Services Administration (GSA) and/or the 
Government Accountability Office (GAO) for oversight purposes; to the 
National Archives and Records Administration (NARA) for use in its 
records management inspections; 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.
    7. 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.
    8. 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, program, and operations), the Federal Government, 
or national security, resulting from a suspected or confirmed breach.
    9. Contract Services, Grants, or Cooperative Agreements--To 
disclose information to FCC contractors, grantees, or volunteers who 
have been engaged to assist the FCC in the performance of a contract 
service, grant, cooperative agreement, or other activity related to 
this system of records and who need to have access to the records in 
order to perform their activity.

REPORTING TO CONSUMER REPORTING AGENCIES:
    In addition to the routine uses listed 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. 3701(e).

POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
    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 Designated Federal Officers (DFOs) in the Bureaus and 
Offices (B/Os); these records are generally received electronically, 
and the DFOs are directed to scan, verify, and electronically file hard 
copies when received.
    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.

POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
    1. The FACA records (except OGE Form 450 files and associated 
vetting documents) are grouped primarily by the name of the FACA 
committee or subcommittee. Under this filing hierarchy, records are 
then retrieved by an individual's name; and
    2. OGE Form 450 files and associated vetting documents are 
retrieved by the individual's name or other programmatic identifier 
assigned to the individual on whom they are maintained.

POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
    The information in this system is maintained and disposed of in 
accordance with the National Archives and Records Administration (NARA) 
General Records Schedule DAA-GRS-2015-0001 (GRS 6.2) Federal Advisory 
Committee Records:
     Substantive Committee Records
    [cir] Records documenting the establishment and formation of 
committees and their significant actions and decisions. Refer to agency 
administrative procedures to ascertain if these records are held by the 
CMO, or DFO. Only one copy of each record is considered permanent. 
These are Permanent records and will be transferred to the National 
Archives at the time that related permanent records are transferred 
(DAA-GRS-2015-0001-0001).
     Substantive Audiovisual Records
    [cir] Records include audiotapes, videotapes, and/or other 
recordings of meetings and hearings not fully transcribed; captioned 
formal and informal analog or digital photographs, and any related 
finding aids, of committee members and staff, meetings, or hearings; 
and posters (2 copies) produced by or for the committee. These

[[Page 71340]]

are Permanent records and will be transferred to the National Archives 
at the time that related permanent records are transferred (DAA-GRS-
2015-0001-0002).
     Committee Accountability Records
    [cir] Records that document financial and ethics accountability, 
such as records documenting financial expenditures associated with the 
functioning of the committee and financial disclosure and conflict of 
interest documents. These are Temporary records that do not contain 
unique information of historical value and are destroyed or deleted 
when six years old or when no longer required for business purposes 
(DAA-GRS-2015-0001-0004).
     Non-substantive Committee Records
    [cir] Records related to specific committees that are of an 
administrative nature or are duplicative of information maintained 
elsewhere. These are Temporary records to be destroy when superseded, 
obsolete, no longer needed, or upon termination of the committee, 
whichever is sooner. (DAA-GRS-2015-0001-0005).
     Committee Management Records
    [cir] Records created and/or maintained by Committee Management 
Officers (CMOs) and their staff related to the overall management of 
committees for an agency. These records may pertain to specific 
committees or to the committee management function in general. These 
are Temporary records to be destroy when 3 years old, 3 years after 
submission of report, or 3 years after superseded or obsolete, as 
appropriate. Longer retention is authorized if required for business 
use. (DAA-GRS-2015-0001-0006).
    The FCC disposes of the paper documents by shredding. The 
electronic records, files, and data are destroyed either by physical 
destruction of the electronic storage media or by erasure of the data.

ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
    1. FACA paper records documents, records, and files (except OGE 
Form 450 files) are maintained in file cabinets in the office suites of 
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 non-public 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 associated vetting documentation; and to the 
Information Technology (IT) 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 records in the 
FCC's computer network are protected by the FCC's security protocols, 
which include controlled access, passwords, and other IT safety and 
security features.

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

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

NOTIFICATION PROCEDURE:
    Individuals wishing to determine whether this system of records 
contains information about themselves may do so by writing to Privacy 
Team, Federal Communications Commission, 45 L Street NE, Washington, DC 
20554, or [email protected].
    Individuals requesting access must also comply with the FCC's 
Privacy Act regulations regarding verification of identity to gain 
access to the records (47 CFR part 0, subpart E).

EXEMPTIONS PROMULGATED FOR THE SYSTEM:
    None.

HISTORY:
    The FCC last gave full notice of this system of records, FCC/OMD-3, 
Federal Advisory Committee Act (FACA) Membership Files, by publication 
in the Federal Register on October 13, 2013 (78 FR 63196).

Federal Communications Commission.
Cecilia Sigmund,
Federal Register Liaison Officer.
[FR Doc. 2020-24730 Filed 11-6-20; 8:45 am]
BILLING CODE 6712-01-P