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Notice2022-01799

Privacy Act of 1974; Systems of Records

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Published

January 28, 2022

Effective

February 28, 2022

Issuing agencies

Pension Benefit Guaranty Corporation

Abstract

Pursuant to the Privacy Act of 1974 the Pension Benefit Guaranty Corporation (PBGC) is proposing to establish two new systems of records: (1) PBGC-27: Ensuring Workplace Health and Safety in Response to a Public Health Emergency; and (2) PBGC-28: Physical Security and Facility Access. PBGC-27 will maintain information collected to assist PBGC with maintaining a safe and healthy workplace and to protect PBGC staff working on-site from risks associated with a public health emergency (as defined by the U.S. Department of Health and Human Services and declared by its Secretary), such as a pandemic or epidemic. PBGC-28 will maintain information collected while providing visitor, employee, and government contractor access control; physical and operational security; and video surveillance for PBGC facilities.

Full Text

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<title>Federal Register, Volume 87 Issue 19 (Friday, January 28, 2022)</title>
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[Federal Register Volume 87, Number 19 (Friday, January 28, 2022)]
[Notices]
[Pages 4668-4671]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-01799]

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PENSION BENEFIT GUARANTY CORPORATION

Privacy Act of 1974; Systems of Records

AGENCY: Pension Benefit Guaranty Corporation.

ACTION: Notice of new systems of records.

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SUMMARY: Pursuant to the Privacy Act of 1974 the Pension Benefit
Guaranty Corporation (PBGC) is proposing to establish two new systems
of records: (1) PBGC-27: Ensuring Workplace Health and Safety in
Response to a Public Health Emergency; and (2) PBGC-28: Physical
Security and Facility Access. PBGC-27 will maintain information
collected to assist PBGC with maintaining a safe and healthy workplace
and to protect PBGC staff working on-site from risks associated with a
public health emergency (as defined by the U.S. Department of Health
and Human Services and declared by its Secretary), such as a pandemic
or epidemic. PBGC-28 will maintain information collected while
providing visitor, employee, and government contractor access control;
physical and operational security; and video surveillance for PBGC
facilities.

DATES: The new systems of records described herein will become
effective February 28, 2022, without further notice, unless comments
result in a contrary determination and a notice is published to that
effect. Comments must be received on or before February 28, 2022 to be
assured of consideration.

ADDRESSES: You may submit written comments to PBGC by any of the
following methods:
<bullet> Federal eRulemaking Portal: <a href="http://www.regulations.gov">http://www.regulations.gov</a>.
Follow the website instructions for submitting comments.
<bullet> Email: <a href="/cdn-cgi/l/email-protection#106275773e737f7d7d757e646350607277733e777f66"><span class="__cf_email__" data-cfemail="126077753c717d7f7f777c666152627075713c757d64">[email&#160;protected]</span></a>. Refer to SORN in the subject
line.
<bullet> Mail or Hand Delivery: Regulatory Affairs Division, Office
of the General Counsel, Pension Benefit Guaranty Corporation, 1200 K
Street NW, Washington, DC 20005.
Commenters are strongly encouraged to submit public comments
electronically. PBGC expects to have limited personnel available to
process public comments that are submitted on paper through mail. Until
further notice, any comments submitted on paper will be considered to
the extent practicable.
All submissions must include the agency's name (Pension Benefit
Guaranty Corporation, or PBGC) and reference this notice. Comments
received will be posted without change to PBGC's website, <a href="http://www.pbgc.gov">http://www.pbgc.gov</a>, including any personal information provided. Do not
submit comments that include any personally identifiable information or
confidential business information. Copies of comments may also be
obtained by writing to Disclosure Division, Office of the General
Counsel, Pension Benefit Guaranty Corporation, 1200 K Street NW,
Washington, DC 20005, or calling 202-326-4040 during normal business
hours. (TTY users may call the Federal relay service toll-free at 1-
800-877-8339 and ask to be connected to 202-326-4040.)

FOR FURTHER INFORMATION CONTACT: Shawn Hartley, Chief Privacy Officer,
Pension Benefit Guaranty Corporation, Office of the General Counsel,
1200 K Street NW, Washington, DC 20005, 202-229-6321. For access to any
of PBGC's systems of records, contact D. Camilla Perry, Disclosure
Officer, Office of the General Counsel, Disclosure Division, 1200 K
Street NW, Washington, DC 20005, or by calling 202-229-4040, or go to
<a href="https://www.pbgc.gov/about/policies/pg/privacy-at-pbgc/system-of-records-notices">https://www.pbgc.gov/about/policies/pg/privacy-at-pbgc/system-of-records-notices</a>.

SUPPLEMENTARY INFORMATION: PBGC is proposing to establish two new
Systems of Records:

(1) PBGC-27: Ensuring Workplace Health and Safety in Response to a
Public Health Emergency

PBGC is proposing to establish a new system of records titled
``Ensuring Workplace Health and Safety in Response to a Public Health
Emergency.'' The purpose of this system is to assist PBGC with
maintaining a safe and healthy workplace and to protect PBGC staff
working on-site from risks associated with a public health emergency
(as defined by the U.S. Department of Health and Human Services and
declared by its Secretary), such as a pandemic or epidemic. This system
maintains information collected about PBGC staff and visitors accessing
PBGC facilities during a public health emergency, including a pandemic
or epidemic. It maintains biographical information collected about PBGC
staff and visitors.

(2) PBGC-28: Physical Security and Facility Access

PBGC is proposing to establish a new system of records titled
``Physical Security and Facility Access.'' The purpose of this system
is to maintain information to allow PBGC to provide for its facilities:
Control of access by visitors, employees, and government contractors;
physical and operational security; and video surveillance. This system
can also be used to maintain information from issuing temporary
facility access for employees and contractors who are not in possession
of their Personal Identity Verification (PIV) card or office key.
Pursuant to 5 U.S.C. 552a(e)(11), interested persons are invited to
submit

[[Page 4669]]

written comments on this proposed new notice. A report has been sent to
Congress and the Office of Management and Budget for their evaluation.

Issued in Washington, DC.
Gordon Hartogensis,
Director, Pension Benefit Guaranty Corporation.

SYSTEM NAME AND NUMBER:
PBGC-27: Ensuring Workplace Health and Safety in Response to a
Public Health Emergency--PBGC.

SECURITY CLASSIFICATION:
Unclassified.

SYSTEM LOCATION:
PBGC, 1200 K Street NW, Washington, DC 20005 (Records may be kept
at an additional location as backup for Continuity of Operations).

SYSTEM MANAGER(S) AND ADDRESS:
Workplace Solutions Department/Emergency Management, PBGC, 1200 K
Street NW, Washington, DC 20005.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
General Duty Clause, Section 5(a)(1) of the Occupational Safety and
Health (OSH) Act of 1970 (29 U.S.C. 627), Executive Order 12196,
Occupational safety and health programs for Federal employees (Feb. 26,
1980), Executive Order 14043, Requiring Coronavirus Disease 2019
Vaccination for Federal Employees (Sep. 14, 2021), Executive Order
14042, Executive Order on Ensuring Adequate COVID Safety Protocols for
Federal Contractors (Sep. 9, 2021), and the National Defense
Authorization Act For Fiscal Year 2017 (5 U.S.C. 6329c(b)). Information
will be collected and maintained in accordance with the Americans with
Disabilities Act of 1990 (42 U.S.C. 12101 et seq.)

PURPOSE(S):
The information in the system is collected to assist PBGC with
maintaining a safe and healthy workplace and to protect PBGC staff
working on-site from risks associated with a public health emergency
(as defined by the U.S. Department of Health and Human Services and
declared by its Secretary), such as a pandemic or epidemic.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Individuals covered by this system include PBGC staff (e.g.,
political appointees, employees, detailees, contractors, consultants,
interns, and volunteers) and visitors to a PBGC facility during a
public health emergency, such as a pandemic or epidemic.

CATEGORIES OF RECORDS IN THE SYSTEM:
This system maintains information collected about PBGC staff and
visitors accessing PBGC facilities during a public health emergency,
including a pandemic or epidemic. It maintains biographical information
collected about PBGC staff and visitors that includes, but is not
limited to, their name, contact information, or whether they are in a
high-risk category. It maintains health information collected about
PBGC staff that includes, but is not limited to, temperature checks,
test results, dates, symptoms, and potential or actual exposure to a
pathogen. It maintains health information collected about building
visitors, that includes, but is not limited to, temperature checks,
test results, dates, symptoms, and potential or actual exposure to a
pathogen. It maintains information collected about PBGC staff and
visitors to a PBGC facility necessary to conduct contact tracing that
includes, but is not limited to, the dates when they visited the
facility, the locations that they visited within the facility (e.g.,
office and cubicle number), the duration of time spent in the facility,
whether they may have potentially come into contact with a contagious
person while visiting the facility, travel dates and locations, and a
preferred contact number. It maintains information about emergency
contacts for PBGC staff that includes, but is not limited to, the
emergency contact's name, phone number, and email address.

RECORD SOURCE CATEGORIES:
The information in this system is collected in part directly from
the individual or from the individual's emergency contact. Information
is also collected from human resources systems, emergency notification
systems, and Federal, state, and local agencies assisting with the
response to a public health emergency. Information may also be
collected from property management companies responsible for managing
office buildings that house PBGC facilities including security systems
monitoring access to PBGC facilities, video surveillance, and access
control devices.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSES OF SUCH USES:
Information about covered individuals may be disclosed without
consent as permitted by the Privacy Act of 1974, 5 U.S.C. 522a(b), and:
1. General Routine Uses G1 through G14 apply to this system of
records (see Prefatory Statement of General Routine Uses at 83 FR 6247
(Feb. 13, 2018)).
These records and information in these records may also be
disclosed:
2. To a Federal, state, or local agency to the extent necessary to
comply with laws governing reporting of infectious disease;
3. To PBGC staff member's emergency contact for purposes of
locating a staff member during a public health emergency;
4. To federal contractors performing physical security and/or
access control duties at PBGC facilities.

POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING,
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
Records are maintained manually in paper and/or electronic form,
including computer databases, magnetic tapes, and discs. Records are
also maintained on PBGC's secure network and back-up tapes.

RETRIEVABILITY:
Records are retrieved by the name of the individual.

RETENTION AND DISPOSAL:
Records are maintained in accordance with the General Records
Retention Schedules issued by the National Archives and Records
Administration (NARA) or a PBGC records disposition schedule approved
by NARA. Records existing on paper are destroyed beyond recognition.
Records existing on computer storage media are destroyed according to
the applicable PBGC media practice Records of emergency contacts for
PBGC staff will be maintained in accordance with General Records
Schedule 5.3, Item 020: Employee Emergency Contact Information, which
requires that the records be destroyed when superseded or obsolete, or
upon separation or transfer of employee. PBGC will work with the
National Archives and Records Administration (NARA) to draft and secure
approval of a records disposition schedule to cover the remainder of
the records described in this SORN. Until this records disposition
schedule is approved by NARA, PBGC will maintain, and not destroy,
these records.

SAFEGUARDS:
PBGC has adopted appropriate administrative, technical, and
physical controls in accordance with PBGC's security program to protect
the security, integrity, and availability of the information, and to
ensure that records are not disclosed to or accessed by unauthorized
individuals.
Paper records are kept in file cabinets in areas of restricted
access that are

[[Page 4670]]

locked after office hours. Electronic records are stored on computer
networks and protected by assigning user identification numbers to
individuals needing access to the records and by passwords set by
authorized users that must be changed periodically.

RECORD ACCESS PROCEDURE:
Individuals, or third parties with written authorization from the
individual, wishing to request access to their records in accordance
with 29 CFR 4902.4, should submit a written request to the Disclosure
Officer, PBGC, 1200 K Street NW, Washington, DC 20005, providing their
name, address, date of birth, and verification of their identity in
accordance with 29 CFR 4902.3(c).

CONTESTING RECORD PROCEDURE:
Individuals, or third parties with written authorization from the
individual, wishing to amend their records must submit a written
request, in accordance with 29 CFR 4902.5, identifying the information
they wish to correct in their file, in addition to following the
requirements of the Record Access Procedure above.

NOTIFICATION PROCEDURE:
Individuals, or third parties with written authorization from the
individual, wishing to learn whether this system of records contains
information about them should submit a written request to the
Disclosure Officer, PBGC, 1200 K Street NW, Washington, DC 20005,
providing their name, address, date of birth, and verification of their
identity in accordance with 29 CFR 4902.3(c).

EXEMPTIONS PROMULGATED FOR THE SYSTEM:
None.

HISTORY
None.

SYSTEM NAME AND NUMBER:
PBGC-28: Physical Security and Facility Access.

SECURITY CLASSIFICATION:
Unclassified.

SYSTEM LOCATION:
Pension Benefit Guaranty Corporation (PBGC), 1200 K Street NW,
Washington, DC 20005. (Records may be kept at an additional location as
backup for continuity of operations.)

SYSTEM MANAGER(S) AND ADDRESS:
Director, Workplace Solutions Department, PBGC, 1200 K Street NW,
Washington, DC 20005.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
Executive Order 12977; 6 CFR part 37; Homeland Security
Presidential Directive (HSPD) 12: Policy for a Common Identification
Standard for Federal Employees and Contractors.

PURPOSE(S) OF THE SYSTEM:
The purpose of this system is to maintain information to allow PBGC
to provide for its facilities: Control of visitor, employee, and
government contractor access; physical and operational security; and
video surveillance. It can also be used to maintain information from
issuing temporary facility access for employees and contractors who are
not in possession of their Personal Identity Verification (PIV) card or
office key.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Current PBGC employees, students, interns, government contractors,
employees of other agencies, vendors, and other authorized visitors who
access PBGC facilities.

CATEGORIES OF RECORDS IN THE SYSTEM:
This system contains records relating to employee and government
contractor access, visitor access, and facility security. This includes
government Personal Identity Verification (PIV) cards, visitor,
contractor, and employee access records, temporary access cards,
biometric data, and video surveillance recordings. PIV card records
include the following information: Name, type of access, employee
affiliation, expiration date, activation date, credential serial
number, height, eye color, and hair color. Visitor access records
include the following information: Name, reason for visit, organization
name, date and time of visit, floor visited, and temporary visitor
badge number or barcode. Employee access records include date and time
of room or facility access and fingerprint or other biometric data.

RECORD SOURCE CATEGORIES:
Subject individuals, employees, visitors, contractors, vendors, and
others visiting PBGC facilities.

POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
Records are maintained manually in paper and/or electronic form
(including computer databases or discs). Records may also be maintained
on back-up tapes, or on a PBGC or a contractor-hosted network.

POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
Records are retrieved by any one of the following: Employee or
contractor name, PIV card number, temporary access card number, access
clearance, key number, key removal date and time, visitor name, date
and time of visit, organization, name of PBGC personnel escorting the
visitor, visitor badge number, and reason for visit.

RETENTION AND DISPOSAL:
Records are maintained and destroyed in accordance with the
National Archives and Record Administration's (NARA) Basic Laws and
Authorities (44 U.S.C. 3301, et seq.) or a PBGC records disposition
schedule approved by NARA. Records existing on paper are destroyed
beyond recognition. Records existing on computer storage media are
destroyed according to the applicable PBGC media practice for physical
security and access control systems and will be maintained in
accordance with General Records Schedule 5.6 Security Records Items:
010, 021, 100, 111, 120, 121, 130, and 240.

ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
PBGC has established security and privacy protocols that meet the
required security and privacy standards issued by the National
Institute of Standards and Technology (NIST). Records are maintained 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. PBGC has adopted appropriate
administrative, technical, and physical controls in accordance with
PBGC's security program to protect the confidentiality, integrity, and
availability of the information, and to ensure that records are not
disclosed to or accessed by unauthorized individuals.
Electronic records are stored on computer networks, which may
include cloud-based systems, and protected by controlled access with
PIV cards, assigning user accounts to individuals needing access to the
records and by passwords set by authorized users that must be changed
periodically.

[[Page 4671]]

RECORD ACCESS PROCEDURES:
Individuals, or third parties with written authorization from the
individual, wishing to request access to their records in accordance
with 29 CFR 4902.4, should submit a written request to the Disclosure
Officer, PBGC, 1200 K Street NW, Washington, DC 20005, providing their
name, address, date of birth, and verification of their identity in
accordance with 29 CFR 4902.3(c).

CONTESTING RECORD PROCEDURES:
Individuals, or third parties with written authorization from the
individual, wishing to amend their records must submit a written
request, in accordance with 29 CFR 4902.5, identifying the information
they wish to correct in their file, following the requirements of
Record Access Procedure above.

NOTIFICATION PROCEDURES:
Individuals, or third parties with written authorization from the
individual, wishing to learn whether this system of records contains
information about them should submit a written request to the
Disclosure Officer, PBGC, 1200 K Street NW, Washington, DC 20005,
providing their name, address, date of birth, and verification of their
identity in accordance with 29 CFR 4902.3(c).

EXEMPTIONS PROMULGATED FOR THE SYSTEM:
None.

HISTORY:
None.

[FR Doc. 2022-01799 Filed 1-27-22; 8:45 am]
BILLING CODE 7709-02-P

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