Privacy Act of 1974; System of Records

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Published

March 21, 2023

Effective

April 25, 2023

Issuing agencies

Civil Rights Commission

Abstract

In accordance with the Privacy Act of 1974, the United States Commission on Civil Rights (Commission) proposes to establish a new system of records titled, "CCR/Internal--Advisory Committee Records." This system of records will include information that the Commission collects and maintains on applicants to advisory committees.

Full Text

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<title>Federal Register, Volume 88 Issue 54 (Tuesday, March 21, 2023)</title>
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[Federal Register Volume 88, Number 54 (Tuesday, March 21, 2023)]
[Notices]
[Pages 16939-16942]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-05709]

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COMMISSION ON CIVIL RIGHTS

Privacy Act of 1974; System of Records

AGENCY: United States Commission on Civil Rights.

ACTION: Notice of a new system of records.

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SUMMARY: In accordance with the Privacy Act of 1974, the United States
Commission on Civil Rights (Commission) proposes to establish a new
system of records titled, ``CCR/Internal--Advisory Committee Records.''
This system of records will include information that the Commission
collects and maintains on applicants to advisory committees.

DATES: Submit comments on or before April 20, 2023. This new system is
effective upon publication in the Federal Register, except for the
routine uses, which are effective April 25, 2023.

ADDRESSES: You may submit written comments to <a href="/cdn-cgi/l/email-protection#720207101e1b11131414131b00013207011111005c151d04">[email&#160;protected]</a>
and/or <a href="/cdn-cgi/l/email-protection#9ae9f9f9f5e0fbe8eedaefe9f9f9e8b4fdf5ec">[email&#160;protected]</a>. All

[[Page 16940]]

submissions received must include the agency name and docket number for
this Federal Register document. The general policy for comments and
other submissions from members of the public is to make them available
for public viewing on the internet at <a href="http://www.usccr.gov/news/advisory-committees-news">www.usccr.gov/news/advisory-committees-news</a> and/or <a href="https://www.usccr.gov/news/commission-news">https://www.usccr.gov/news/commission-news</a> as
they are received without change, including any personal identifiers or
contact information.

FOR FURTHER INFORMATION CONTACT: For general questions, please contact:
David Ganz, General Counsel, United States Commission on Civil Rights
at <a href="/cdn-cgi/l/email-protection#7b1f1c1a15013b0e08181809551c140d">[email&#160;protected]</a> or Tina Louise Martin, Director, Office of
Management, U.S. Commission on Civil Rights at <a href="/cdn-cgi/l/email-protection#4531282437312c2b0530362626376b222a33">[email&#160;protected]</a>.
Please put ``CCR/Internal State Advisory Committee Records SORN'' in
the subject line of your email.

SUPPLEMENTARY INFORMATION: In accordance with the Privacy Act of 1974,
the Commission proposes to establish a new system of records titled,
``CCR/Internal--State Advisory Committee Records.'' This system of
records covers the Commission's collection and maintenance of records
on applicants for Advisory Committees.
The USCCR's Advisory Committees were created to hold briefings with
expert/public testimony and produce reports and advisory memoranda,
which are then sent to the Commission. The Commission was established
by the Civil Rights Act of 1957, Public Law 815-315, and subsequently
codified in the Civil Rights Commission Amendments Act of 1994, Public
Law 103-419. The Commission, including its 56 Advisory Committees for
all 50 states, the District of Columbia, and five U.S. territories,
publishes reports following investigations; the Commission's reports
include findings and recommendations to inform the President, Congress,
and the public on important civil rights issues.
The USCCR identifies candidates for Advisory Committee membership
through a variety of methods, including, but not limited to, public
requests for nominations; recommendations from existing advisory
committee members; consultations with knowledgeable persons outside the
USSCR; requests to be represented received from individuals and
organizations; and Commissioners' and USCCR staff's professional
knowledge of those experienced in civil rights issues. Following the
application and identification process, the USCCR develops a list of
proposed members with the relevant points of view needed to ensure
membership balance. The Commissioners then votes to appoint individuals
to serve.
The collection of information is necessary to support the USCCR
Advisory Committees. Pursuant to the Federal Advisory Committee Act
(FACA), an agency must ensure that a committee is balanced with respect
to the viewpoints represented and the functions to be performed by that
committee. Consistent with this, in order to select individuals for
potential membership on an advisory committee, the USCCR must determine
that potential members are qualified to serve on an advisory committee
and that the viewpoints are properly balanced on the committee.
The Commission has provided a report of this system of records to
the Committee on Oversight and Government Reform of the House of
Representatives, the Committee on Homeland Security and Governmental
Affairs of the Senate, and the Office of Management and Budget (OMB),
pursuant to 5 U.S.C. 552a(r) and OMB Circular A-108, ``Federal Agency
Responsibilities for Review, Reporting, and Publication under the
Privacy Act,'' dated December 23, 2016. This system will be included in
the Commission's inventory of record systems.

U.S. Commission on Civil Rights.
David Ganz,
General Counsel.

SYSTEM NAME AND NUMBER:
United States Commission on Civil Rights, CCR/Internal--State
Advisory Committee Records.

SECURITY CLASSIFICATION:
Unclassified.

SYSTEM LOCATION:
Records are maintained primarily by the U.S. Commission on Civil
Rights, Office of Management located at Pennsylvania Ave. NW, Suite
1150, Washington, DC 20425. Records may be located in locked cabinets
and offices, on the Commission's local area network, or in designated
U.S. data centers for FedRAMP-authorized cloud service providers.

SYSTEM MANAGER(S):
Director of Management, U.S. Commission on Civil Rights,
Pennsylvania Ave. NW, Suite 1150 Washington, DC 20425,
<a href="/cdn-cgi/l/email-protection#eb9f868a999f8285ab9e98888899c58c849d">[email&#160;protected]</a>.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
The Civil Rights Act of 1957, Public Law 815-315, and subsequently
modified in the Civil Rights Commission Amendments Act of 1994, 42
U.S.C. 1975a; 45 CFR part 703 (Operations and Functions of State
Advisory Committees); Federal Advisory Committee Act (FACA), Public Law
92-463 codified as 5 U.S.C. App. 2; 41 CFR part 102-3 (Federal Advisory
Committee Management Regulations.)

PURPOSE(S) OF THE SYSTEM:
The purpose of this system of records is to allow the Commission to
collect and maintain records on applicants to State Advisory
Committees.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Applicants to State and Territory Advisory Committees.

CATEGORIES OF RECORDS IN THE SYSTEM:
[ballot] Applicant's name and address;
[ballot] Applicant's contact information;
[ballot] Applicant's experience in civil rights;
[ballot] Applicant's resume, prior education and professional
experience;
[ballot] Applicant's personal information that was voluntarily
submitted as part of their Advisory Committee application, which may
include, political and ideological identification, race/ethnicity,
national origin, gender, sexual orientation, languages spoken,
disability status, age, religion, and veteran status and, if, any,
journal publications or social media handles;

RECORD SOURCE CATEGORIES:
Information is obtained from the individuals who submit their
application to the State and Territory Advisory Committee.

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 outside the
Commission as a routine use pursuant to 5 U.S.C. 552a(b)(3) as follows:
a. To the Department of Justice, including Offices of the U.S.
Attorneys; another Federal agency conducting litigation or in
proceedings before any court, adjudicative, or administrative body;
another party in litigation before a court, adjudicative, or
administrative body; or to a court, adjudicative, or administrative
body. Such disclosure is permitted only when it is relevant or
necessary to the litigation or proceeding, and one of the following is
a party to the litigation or has an interest in such litigation:
(1) The Commission, or any component thereof;

[[Page 16941]]

(2) Any employee or former employee of the Commission in his or her
official capacity;
(3) Any employee or former employee of the Commission in his or her
capacity where the Department of Justice or the Commission has agreed
to represent the employee;
(4) The United States, a Federal agency, or another party in
litigation before a court, adjudicative, or administrative body, upon
the Commission's General Counsel's approval, pursuant to 5 CFR part 295
or otherwise.
b. To the appropriate Federal, State, or local agency responsible
for investigating, prosecuting, enforcing, or implementing a statute,
rule, regulation, or order, when a record, either on its face or in
conjunction with other information, indicates or is relevant to a
violation or potential violation of civil or criminal law or
regulation.
c. To a member of Congress from the record of an individual in
response to an inquiry made at the request of the individual to whom
the record pertains.
d. To the National Archives and Records Administration (NARA) for
records management inspections being conducted under the authority of
44 U.S.C. 2904 and 2906.
e. To appropriate agencies, entities, and persons when (1) the
Commission suspects or has confirmed that there has been a breach of
the system of records; (2) 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 (3) 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.
f. To another Federal agency or Federal entity, when the Commission
determines that information from this system of records is reasonably
necessary to assist the recipient agency or entity in (1) responding to
a suspected or confirmed breach or (2) 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 security, resulting from a
suspected or confirmed breach.
g. To contractors, grantees, experts, consultants, or volunteers
performing or working on a contract, service, grant, cooperative
agreement, or other assignment for the Commission when the Commission
determines that it is necessary to accomplish an agency function
related to this system of records. Individuals provided information
under this routine use are subject to the same Privacy Act requirements
and limitations on disclosure as are applicable to Commission
employees.
h. To another Federal agency or commission with responsibility for
labor or employment relations or other issues, including equal
employment opportunity and reasonable accommodation issues, when that
agency or commission has jurisdiction over reasonable accommodation.
i. To an authorized appeal grievance examiner, formal complaints
examiner, administrative judge, equal employment opportunity
investigator, arbitrator, or other duly authorized official engages in
investigation or settlement of a grievance, complaint, or appeal filed
by an individual who requested a reasonable accommodation or other
appropriate modification.
j. To another Federal agency, including but not limited to the
Equal Employment Opportunity Commission and the Office of Special
Counsel to obtain advice regarding statutory, regulatory, policy, and
other requirements related to reasonable accommodation.
k. To another Federal agency or entity authorized to procure
assistive technologies and services in response to a request for
reasonable accommodation.
l. To first aid and safety personnel if the individual's medical
condition requires emergency treatment.
m. To another Federal agency or oversight body charged with
evaluating the Commission's compliance with the laws, regulations, and
policies governing reasonable accommodation requests.
n. To another Federal agency pursuant to a written agreement with
the Commission to provide services (such as medical evaluations), when
necessary, in support of reasonable accommodation decisions.

POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
The records in this system of records are stored electronically on
the Commission's local area network or with FedRAMP-authorized cloud
service providers segregated from non-government traffic and data, with
access limited to a small number of personnel. In addition, paper
records are stored in locked file cabinets in access-restricted
offices.

POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
Records may be retrieved by name or other unique personal
identifiers.

POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
Records in this system of records are maintained in accordance with
the General Records Schedule 2.3 and are destroyed three years after
separation from the agency or all appeals are concluded, whichever is
later, but longer retention is authorized if requested for business
use.

ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
Records in the system are protected from unauthorized access and
misuse through various administrative, technical, and physical security
measures. Commission security measures are in compliance with the
Federal Information Security Modernization Act (Pub. L. 113-283),
associated Commission policies, and applicable standards and guidance
from the National Institute of Standards and Technology. Strict
controls have been imposed to minimize the risk of compromising the
information that is stored. Access to the paper and electronic records
in this system of records is limited to those individuals who have a
need to know the information for the performance of their official
duties and who have appropriate clearances or permissions.

RECORDS ACCESS PROCEDURES:
Individuals seeking notification of and access to their records in
this system of records may submit a request in person or in writing to
the Office of the General Counsel, United States, Commission on Civil
Rights 1331 Pennsylvania Ave. NW, Suite 1150, Washington, DC 20425 or
by emailing <a href="/cdn-cgi/l/email-protection#8befeceae5f1cbfef8e8e8f9a5ece4fd">[email&#160;protected]</a>. The words ``Privacy Act Request'' should
be placed in on the face of the envelope in order to facilitate
requests by mail. Individuals must furnish the following information
for their records to be located:
1. Full name;
2. Reasonably specific description of the information sought
including the nature of the records sought and, if possible, the
approximate dates covered by the record; and,
3. If the request is made by mail, the address to which the
information should be sent.
The individual requesting access to the records must also comply
with the Commission's regulations regarding verification of identity
(45 CFR 705.4).

[[Page 16942]]

CORRECTING OR AMENDING RECORD PROCEDURES:
Individuals wishing to request amendment of records about them
contained in this system of records may do so by writing to the General
Counsel, United State Commission on Civil Rights 1331 Pennsylvania Ave.
NW, Suite 1150, Washington, DC 20425 or by emailing <a href="/cdn-cgi/l/email-protection#2b4f4c4a45516b5e58484859054c445d">[email&#160;protected]</a>.
Requests for amendment of records should include the following
information for their records to be located:
1. The name of the individual requesting the correction or
amendment.
2. The name of the system of records in which the record sought to
be amended is maintained.
3. The location of the record system from which the record was
obtained.
4. A copy of the record sought to be amended or a description of
that record.
5. A statement of the material in the record that should be
corrected or amended.
6. A statement of the specific wording of the correction or
amendment sought.
7. A statement of the basis for the requested correction or
amendment, including any material that the individual can furnish to
substantiate the reasons for the amendment sought.

NOTIFICATION PROCEDURES:
See ``Record Access Procedure.''

EXEMPTIONS PROMULGATED FOR THE SYSTEM:
None.

HISTORY:
None.

[FR Doc. 2023-05709 Filed 3-20-23; 8:45 am]
BILLING CODE 6335-01-P

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