Notice2024-00340
Privacy Act of 1974; System of Records
Primary source
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Published
January 10, 2024
Effective
January 10, 2024
Issuing agencies
Federal Communications Commission
Abstract
The Federal Communications Commission (FCC, Commission, or Agency) proposes to modify an existing system of records, FCC/OMD-23, Cadapult Space Management Center (CSMS), 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 Commission uses this system to allocate the offices, workstations, and facility workstations for FCC employees and contractors following the FCC/National Treasury Union (NTEU) space assignment policy. This modification makes various necessary changes and updates, including formatting changes required by the Office of Management and Budget (OMB) Circular A-108 since its previous publication, the addition of six new routine uses, as well as the revision of three existing routine uses.
Full Text
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<title>Federal Register, Volume 89 Issue 7 (Wednesday, January 10, 2024)</title>
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[Federal Register Volume 89, Number 7 (Wednesday, January 10, 2024)]
[Notices]
[Pages 1572-1574]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-00340]
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FEDERAL COMMUNICATIONS COMMISSION
[FR ID: 196007]
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) proposes to modify an existing system of records, FCC/OMD-23,
Cadapult Space Management Center (CSMS), 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
Commission uses this system to allocate the offices, workstations, and
facility workstations for FCC employees and contractors following the
FCC/National Treasury Union (NTEU) space assignment policy. This
modification makes various necessary changes and updates, including
formatting changes required by the Office of Management and Budget
(OMB) Circular A-108 since its previous publication, the addition of
six new routine uses, as well as the revision of three existing routine
uses.
DATES: This modified system of records will become effective on January
10, 2024. Written comments on the routine uses are due by February 9,
2024. The routine uses in this action will become effective on February
9, 2024 unless comments are received that require a contrary
determination.
ADDRESSES: Send comments to Brendan McTaggart, Federal Communications
Commission (FCC), 45 L Street NE, Washington, DC 20554, or to
<a href="/cdn-cgi/l/email-protection#a7d7d5ced1c6c4dee7c1c4c489c0c8d1"><span class="__cf_email__" data-cfemail="6717150e1106041e2701040449000811">[email protected]</span></a>.
FOR FURTHER INFORMATION CONTACT: Brendan McTaggart, (202) 418-1738, or
<a href="/cdn-cgi/l/email-protection#ee9e9c87988f8d97ae888d8dc0898198"><span class="__cf_email__" data-cfemail="d3a3a1baa5b2b0aa93b5b0b0fdb4bca5">[email protected]</span></a> (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: This notice serves to update and modify FCC/
OMD-23, as a result of various necessary changes and updates. The
substantive changes and modifications to the previously published
version of the FCC/OMD-23 system of records include:
1. Updating the language in the Security Classification to follow
OMB guidance.
2. Updating the language in the Purposes section to be consistent
with the language and phrasing currently used generally in the FCC's
SORNs.
3. Modifying the language in the Categories of Individuals and
Categories of Records to be consistent with the language and phrasing
currently used in the FCC's SORNs.
4. Updating and/or revising language in the following routine uses
(listed by current routine use number): (8) Congressional Inquiries;
(9) Government-wide Program Management and Oversight; and (10) Breach
Notification, the revision of which is required by OMB Memorandum No.
M-17-12.
5. Adding the following new routine uses (listed by current routine
use number): (4) Labor Relations; (5) Litigation; (6) Adjudication; (7)
Law Enforcement and Investigation; (11) Assistance to Federal Agencies
and Entities Related to Breaches, the addition of which is required by
OMB Memorandum No. M-17-12; and (12) Non-Federal Personnel to allow
contractors, vendors, grantees, or volunteers performing or working on
a contract, grant, or cooperative agreement for the Federal Government
to have access to needed information.
6. Updating the SORN to include the relevant National Archives and
Records Administration (NARA) records schedules.
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 and retrieval of the
information; administrative, technical, and physical safeguards; and
updated notification, records access, and contesting records
procedures.
SYSTEM NAME AND NUMBER:
FCC/OMD-23, Cadapult Space Management System (CSMS).
SECURITY CLASSIFICATION:
No information in the system is classified.
SYSTEM LOCATION:
Office of Managing Director (OMD), Federal Communications
Commission (FCC), 45 L Street NE, Washington, DC 20554.
SYSTEM MANAGER(S):
Office of Managing Director (OMD), Federal Communications
Commission (FCC), 45 L Street NE, Washington, DC 20554.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
5 U.S.C. 301, 40 U.S.C. 468, 44 U.S.C. 3101, Executive Order 12411,
Government Work Space Management Reforms, and the NTEU/FCC Basic
Negotiated Agreement, Article 9, Employee Space and Facilities.
PURPOSE(S) OF THE SYSTEM:
The FCC uses the information in this information system for
purposes that include, but are not limited to, the allocation of the
offices, workstations, facility workspaces, and hoteling workspaces for
FCC employees and contractors following the FCC/NTEU space assignment
policy, as well as tracking workstation occupancy, vacancy, and
utilization rates; evaluating bureau and office housing and
realignments based on utilization and reorganizations; and calculating
and documenting FCC bureau and office rent reporting. Additionally, in
the event of an emergency, OMD staff uses information from this system
to devise a ``Reconstitution Plan'' to create the space requirements
for alternative work location(s) in other buildings to be used to
relocate FCC employees and/or contractors.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
The categories of individuals whose records are maintained in this
system include, but are not limited to, FCC employees and contractors.
CATEGORIES OF RECORDS IN THE SYSTEM:
The records in this system include, but are not limited to, the
name, organization (bureau/office/division), pay type, grade,
supervisory status, bargaining unit status, workspace requirements,
workspace location (office or workstation), and work telephone number
for each employee or contractor.
RECORD SOURCE CATEGORIES:
Sources of records in this system include FCC employees and
contractor; FCC information systems and applications used in the
onboarding, offboarding, and reassignment processes; and diagrams and
drawings.
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:
1. Emergency Response--A record on an individual in this system of
records may be disclosed to emergency medical
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personnel, e.g., doctors, nurses, and/or paramedics, or to law
enforcement officials in case of a medical or other emergency involving
the FCC employee without the subsequent notification to the individual
identified in 5 U.S.C. 552a(b)(8).
2. First Responders--A record from this system of records may be
disclosed to law enforcement officials, Department of Homeland Security
(DHS), Federal Emergency Management Agency (FEMA), Department of
Defense (DOD), National Telecommunications and Information
Administration (NTIA), White House Communications Agency (WHCA), other
federal agencies, and state and local emergency response officials,
e.g., fire, safety, and rescue personnel, etc., and medical personnel,
e.g., doctors, nurses, and paramedics, etc., in case of an emergency
situation at FCC facilities without the subsequent notification to the
individual identified in 5 U.S.C. 552a(b)(8).
3. Reconstitution Plan--A record from this system of records may be
disclosed to the General Services Administration (GSA), the National
Telecommunications and Information Administration (NTIA), the
Department of Homeland Security (DHS), and Federal Emergency Management
Agency (FEMA); District of Columbia, Virginia, and Maryland state
government agencies; and any other Federal, state, and local agencies
involved in Federal agency evacuation, emergency facilities, space
management, and/or relocation policies and plans, or related issues.
4. Labor Relations--A record from this system may be disclosed 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.
5. 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 his or her official capacity; (c) any employee of the FCC in
his or her 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, and the use of such records by the
Department of Justice is for a purpose that is compatible with the
purpose for which the FCC collected the records.
6. 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 his or her official capacity; or (c) any
employee of the FCC in his or her 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, and that the
use of such records is for a purpose that is compatible with the
purpose for which the agency collected the records.
7. 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, to 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, order, or other requirement.
8. 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.
9. Government-wide Program Management and Oversight--To DOJ to
obtain that Department's advice regarding disclosure obligations under
the Freedom of Information Act (FOIA); or to OMB to obtain that
office's advice regarding obligations under the Privacy Act.
10. 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 compromise
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.
11. 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.
12. 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.
POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
This an electronic system of records that resides on the FCC's or a
vendor's network.
POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
Information in the electronic database can be retrieved by
searching electronically for the FCC employee or contractor's name,
workspace location, and organizational unit, e.g., bureau/office.
POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
The information in this electronic system is maintained and
disposed of in accordance with the relevant NARA records schedules,
including General Records Schedule (GRS) 5.1: Common Office Records,
DAA-GRS-2016-0016; and GRS 5.3: Continuity and Emergency Planning
Records, DAA-GRS-2016-0004.
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
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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).
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 request access to and/or amendment of
records about themselves 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
<a href="/cdn-cgi/l/email-protection#9bebe9f2edfaf8e2dbfdf8f8b5fcf4ed"><span class="__cf_email__" data-cfemail="cabab8a3bcaba9b38aaca9a9e4ada5bc">[email protected]</span></a>. 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:
(75 FR 56533) (September 16, 2010).
Federal Communications Commission.
Marlene Dortch,
Secretary.
[FR Doc. 2024-00340 Filed 1-9-24; 8:45 am]
BILLING CODE 6712-01-P
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