[Federal Register Volume 89, Number 18 (Friday, January 26, 2024)]
[Notices]
[Pages 5233-5235]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-01515]



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FEDERAL COMMUNICATIONS COMMISSION

[FR ID: 198702]


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/OWD-1, 
Reasonable Accommodation Requests, 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's Office of 
Workforce Diversity (OWD) uses this system to provide a method by which 
the FCC can identify Commission employees who have requested 
accommodations related to: religion; disability; or pregnancy, 
childbirth, or related medical conditions. Information on the 
disposition of each request is also maintained in this system.

DATES: This modified system of records will become effective on January 
26, 2024. Written comments on the routine uses are due by February 26, 
2024. The routine uses in this action will become effective on February 
26, 2024 unless comments are received that require a contrary 
determination.

ADDRESSES: Send comments to Brendan McTaggart, Attorney-Advisor, Office 
of General Counsel, Federal Communications Commission, 45 L Street NE, 
Washington, DC 20554, or to [email protected].

FOR FURTHER INFORMATION CONTACT: Brendan McTaggart, (202) 418-1738, or 
[email protected].

SUPPLEMENTARY INFORMATION: This notice serves to update and modify FCC/
OWD-1 as a result of the various necessary changes and updates. The 
substantive changes and modifications to the previously published 
version of the FCC/OWD-1 system of records include:
    1. Updating the name of the system of records from FCC/OWD-1, 
Reasonable Accommodation Requests, to FCC/OWD-1, FCC Accommodation 
Requests, to reflect the expansion of the system to include religious 
and pregnancy/childbirth accommodations in addition to reasonable 
accommodations related to disability.
    2. Modifying the Authority for Maintenance of the System, 
Categories of Individuals, Categories of Records, and Record Source 
Categories sections to reflect expansion of the system of records.
    3. Updating and/or revising language in six routine uses (listed by 
current routine use number): (1) Litigation and (2) Adjudication (now 
two separate routine uses); (3) Law Enforcement and Investigation; (4) 
Congressional Inquiries; (5) Government-wide Program Management and 
Oversight; and (7) Nonfederal Personnel.
    The system of records is also updated to reflect various 
administrative changes related to the system managers and system 
addresses; policy and practices for storage, retention, disposal and 
retrieval of the information; administrative, technical, and physical 
safeguards; and updated notification, records access, and contesting 
records procedures.

SYSTEM NAME AND NUMBER:
    FCC/OWD-1, FCC Accommodation Requests.

SECURITY CLASSIFICATION:
    Unclassified.

SYSTEM LOCATION:
    Office of Workplace Diversity (OWD), Federal Communications 
Commission (FCC), 45 L Street NE, Washington, DC 20554.

SYSTEM MANAGERS:
    Office of Workplace Diversity (OWD), Federal Communications 
Commission (FCC), 45 L Street NE, Washington, DC 20554; and/or Security 
Operations Center, Federal Communications Commission (FCC), 45 L Street 
NE, Washington, DC 20554.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    Executive Order (E.O.) 13164, Establishing Procedures to Facilitate 
the Provision of Reasonable Accommodation; EEOC, Enforcement Guidance 
on Reasonable Accommodation and Undue Hardship Under the Americans with 
Disabilities Act, 29 CFR part 1615; Rehabilitation Act of 1973, 29 
U.S.C. 12101 et seq.; 29 CFR 1630, Title VII of the Civil Rights Act of 
1964, as amended, 29 U.S.C. Part 1605; U.S. Equal Employment 
Opportunity Commission's Compliance Manual, Section 12: Religious 
Discrimination (January 15, 2021); U.S. Equal Employment Opportunity 
Commission's Questions and Answers: Religious Discrimination in the 
Workplace (July 22, 2008); The Pregnant Workers Fairness Act (PWFA), 
Pub. L. 117-328, 136 Stat. 4459 (2022).

PURPOSES OF THE SYSTEM:
    This system provides a method by which the FCC can identify 
Commission employees who have requested accommodations related to: 
religion; disability; or pregnancy, childbirth, or related medical 
conditions. Information on the disposition of each request is also 
maintained in this system.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    The categories of records in this system are FCC employees 
(including, but not limited to full-time and part-time Commission 
employees, temporary hires, interns, and co-op students.) who have 
requested accommodations.

CATEGORIES OF RECORDS IN THE SYSTEM:
    The categories of records in this system include but are not 
limited to the information that FCC employees (including, but not 
limited to full time, part time, temporary hires, interns, and co-op 
students) provide when requesting accommodation, including through 
submission of FCC Forms 5626, 5627, and 5652. These categories of 
records include: applicant/employee's name, phone number, email 
address; employee's office, supervisor's name and phone number; date of 
request; types of accommodation(s) requested; reason(s) for request; 
specific information, supporting documentation, and related materials 
regarding medical condition, including but not limited to the 
characteristics of impairment, job function difficulties, current 
limitation(s), past accommodation(s), specific accommodation(s), 
permanent or temporary condition(s); specific information, supporting 
documentation, and related materials regarding pregnancy, childbirth, 
or related conditions; specific information, supporting documentation, 
and related materials regarding requests for religious accommodations; 
signatures of applicant and receiving official; FCC-ACC Number 
(reasonable accommodations number); and disposition of request.

RECORD SOURCE CATEGORIES:
    The sources for the information in this system include, but are not 
limited to FCC employees and applicants (including, but not limited to 
full-time and part-time Commission employees, temporary hires, interns, 
and co-op students), who have requested accommodations.

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.

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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. Litigation--To disclose records to the Department of Justice 
(DOJ) when: (a) the FCC or any component thereof; (b) any employee of 
the FCC in their official capacity; (c) any employee of the FCC in 
their individual capacity where the DOJ or the FCC has agreed to 
represent the employee; or (d) the United States Government is a party 
to litigation or has an interest in such litigation, and by careful 
review, the FCC determines that the records are both relevant and 
necessary to the litigation.
    2. Adjudication--To disclose records in a proceeding before a court 
or adjudicative body, when: (a) the FCC or any component thereof; or 
(b) any employee of the FCC in their official capacity; or (c) any 
employee of the FCC in their individual capacity; or (d) the United 
States Government, is a party to litigation or has an interest in such 
litigation, and by careful review, the FCC determines that the records 
are both relevant and necessary to the litigation.
    3. Law Enforcement and Investigation--When the FCC investigates any 
violation or potential violation of a civil or criminal law, 
regulation, policy, executed consent decree, order, or any other type 
of compulsory obligation and determines that a record in this system, 
either alone or in conjunction with other information, indicates a 
violation or potential violation of law, regulation, policy, consent 
decree, order, or other compulsory obligation, the FCC may disclose 
pertinent information as it deems necessary to the target of an 
investigation, as well as with the appropriate Federal, State, local, 
Tribal, international, or multinational agencies, or a component of 
such an agency, responsible for investigating, prosecuting, enforcing, 
or implementing a statute, rule, regulation, or order.
    4. Congressional Inquiries--To provide information to a 
Congressional office from the record of an individual in response to an 
inquiry from the Congressional office made at the written request of 
that individual.
    5. Government-wide Program Management and Oversight--To disclose 
information 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.
    6. Labor Relations--To officials of labor organizations recognized 
under 5 U.S.C. Chapter 71 upon receipt of a formal request and in 
accord with the conditions of 5 U.S.C. 7114 when relevant and necessary 
to their duties of exclusive representation concerning personnel 
policies, practices, and matters affecting working conditions.
    7. Breach Notification--To appropriate agencies, entities, and 
persons when (a) the Commission suspects or has confirmed that there 
has been a breach of 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 Related to 
Breaches--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. Non-Federal Personnel--To disclose information to non-Federal 
personnel, including contractors, other vendors (e.g., identity 
verification services), grantees, and 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.

POLICES AND PRACTICES FOR STORAGE OF RECORDS:
    This an electronic system of records that resides on the FCC's 
network. Paper documents and files including paper copies of form email 
correspondence, notes, and other related records are stored in file 
cabinets in the OWD office suite.

POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
    Information in this system's paper document files and records is 
retrieved by searching by the individual's last name or the 
(corresponding) ACC number. Information in the electronic records and 
files is retrieved by the individual's last name, ACC number, office/
workstation address, bureau/office, and accommodations request date.

POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
    OWD staff maintains the information in this system in accordance 
with the National Archives and Records Administration (NARA) General 
Records Schedule 2.3, Employee Relations Records (DAA-GRS-2018-0002), 
specifically: DAA-GRS-2022-0001 (Religious Accommodations Revision); 
DAA-GRS-2018-0002-0001 (Employee Relations Programs' Administrative 
Records); and DAA-GRS-2018-0002-0002 (Reasonable Accommodation Case 
Files).

ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
    The electronic records, files, and data are stored within FCC or a 
vendor's accreditation boundaries and maintained in a database housed 
in the FCC's or vendor's computer network databases. Access to the 
electronic and paper files is restricted to authorized employees and 
contractors; and in the case of electronic files to IT staff, 
contractors, and vendors who maintain the IT networks and services. 
Other employees and contractors may be granted access on a need-to-know 
basis. The 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 privacy standards, including those required by the Federal 
Information Security Modernization Act of 2014 (FISMA), OMB, and the 
National Institute of Standards and Technology (NIST). The paper 
documents, files, and related materials are stored in approved security 
containers, which are locked when not in use and/or at the end of the 
business day. These paper documents are stored in locked file cabinets 
in the OWD office suite, when not in use and/or at the end of day. 
These paper documents are destroyed by shredding when no longer needed.

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

CONTESTING RECORD PROCEDURES:
    Individuals wishing to contest information pertaining to him or her 
in the system of records should follow the Notification Procedures 
below.

NOTIFICATION PROCEDURES:
    Individuals wishing to determine whether this system of records 
contains information about themselves may do so by writing to 
[email protected]. Individuals requesting record access or amendment must 
also comply with the FCC's Privacy Act regulations regarding 
verification of identity as required under 47 CFR part 0, subpart E.

EXEMPTIONS PROMULGATED FOR THE SYSTEM:
    None.

HISTORY:
    84 FR 3163 (Feb. 11, 2019)

Federal Communications Commission.

Marlene Dortch,
Secretary.
[FR Doc. 2024-01515 Filed 1-25-24; 8:45 am]
BILLING CODE 6712-01-P