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Notice2024-19638

Privacy Act of 1974; Systems of Records

Primary source

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Published

September 9, 2024

Effective

October 9, 2024

Issuing agencies

Pension Benefit Guaranty Corporation

Abstract

Pursuant to the Privacy Act of 1974, the Pension Benefit Guaranty Corporation (PBGC) is proposing numerous amendments to all system of records notices (SORN). There are amendments affecting multiple SORNs and amendments to specific SORNs.

Full Text

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<title>Federal Register, Volume 89 Issue 174 (Monday, September 9, 2024)</title>
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[Federal Register Volume 89, Number 174 (Monday, September 9, 2024)]
[Notices]
[Pages 73196-73248]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-19638]

[[Page 73195]]

Vol. 89

Monday,

No. 174

September 9, 2024

Part II

Pension Benefit Guaranty Corporation

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Privacy Act of 1974; Systems of Records; Notice

Federal Register / Vol. 89, No. 174 / Monday, September 9, 2024 /
Notices

[[Page 73196]]

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PENSION BENEFIT GUARANTY CORPORATION

Privacy Act of 1974; Systems of Records

AGENCY: Pension Benefit Guaranty Corporation.

ACTION: Notice of modified systems of records.

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SUMMARY: Pursuant to the Privacy Act of 1974, the Pension Benefit
Guaranty Corporation (PBGC) is proposing numerous amendments to all
system of records notices (SORN). There are amendments affecting
multiple SORNs and amendments to specific SORNs.

DATES: Comments must be received on or before October 9, 2024 to be
assured of consideration. The new systems of records described herein
will become effective October 9, 2024, without further notice, unless
comments result in a contrary determination and a notice is published
to that effect.

ADDRESSES: You may submit written comments to PBGC by any of the
following methods:
<bullet> Federal eRulemaking Portal: <a href="https://www.regulations.gov">https://www.regulations.gov</a>.
Follow the website instructions for submitting comments.
<bullet> Email: <a href="/cdn-cgi/l/email-protection#b9cbdcde97dad6d4d4dcd7cdcaf985d899d1cbdcdf84" http: pbgc.gov">pbgc.gov</a>">reg.comments@<a href="http://pbgc.gov">pbgc.gov</a></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, 445 12th
Street SW, Washington, DC, 20024-2101.
Commenters are strongly encouraged to submit comments
electronically. Commenters who submit comments on paper by mail should
allow sufficient time for mailed comments to be received before the
close of the comment period.
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 the Disclosure Division, (<a href="/cdn-cgi/l/email-protection#c5a1acb6a6a9aab6b0b7a085f9a4e5adb7a0a3f8" http: pbgc.gov">pbgc.gov</a>">disclosure@<a href="http://pbgc.gov">pbgc.gov</a></a>),
Office of the General Counsel, Pension Benefit Guaranty Corporation,
445 12th Street SW, Washington, DC, 20024-2101; or calling 202-229-4040
during normal business hours. If you are deaf or hard of hearing, or
have a speech disability, please dial 7-1-1 to access
telecommunications relay services.

FOR FURTHER INFORMATION CONTACT: Shawn Hartley, Chief Privacy Officer,
Pension Benefit Guaranty Corporation, Office of the General Counsel,
445 12th Street SW, Washington, DC, 20024-2101, 202-229-6321. For
access to any of PBGC's systems of records, write to the Disclosure
Division, (<a href="/cdn-cgi/l/email-protection#d6b2bfa5b5bab9a5a3a4b396eab7f6bea4b3b0eb" http: pbgc.gov">pbgc.gov</a>">disclosure@<a href="http://pbgc.gov">pbgc.gov</a></a>), Office of the General Counsel, Pension
Benefit Guaranty Corporation, 445 12th Street SW, Washington, DC,
20024-2101, or by calling 202-229-4040 during normal business hours, 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 removing the Prefatory Statement of
General Routine Uses and merging all pertinent General Routine Uses
from the Prefatory Statement of General Routine Uses into their
respective Routine Uses sections of the following: PBGC-1,
Congressional Correspondence; PBGC-2, Disbursements; PBGC-3, Employee
Payroll, Leave and Attendance Records; PBGC-6, Plan Participant and
Beneficiary Data--PBGC; PBGC-8, Employee Relations Files; PBGC-9,
Unclaimed Retirement Funds; PBGC-10, Administrative Appeals File; PBGC-
11, Call Detail Records; PBGC-12, Personnel Security Investigation
Records; PBGC-13, Debt Collection; PBGC-14, My Plan Administration
Account Records; PBGC-15, Emergency Notification Records; PBGC-16,
People Search; PBGC-19, Office of Negotiations and Restructuring/Office
of General Counsel Case Management System--PBGC; PBGC-21, Reasonable
Accommodation Records; PBGC-22, Telework and Alternative Worksite
Records; PBGC-23, Internal Investigations of Allegations of Harassing
Conduct; PBGC-25, PBGC.GOV Comment Management System--PBGC; PBGC-26,
PBGC Insider Threat and Data Loss Prevention--PBGC; and PBGC-27,
Ensuring Workplace Health and Safety in Response to a Public Health
Emergency--PBGC. Additionally, PBGC is making numerous administrative
updates in all SORNs, to update the citations to the Contesting Records
Procedures section and to the Privacy Act of 1974, and to update SORNs
1-3, 6, 8-16, 19, 21-23, and 25-27, to remove the citation to the
Prefatory Statement of General Routine Uses and to update the Official
Addresses and System Locations. PBGC is proposing to amend the System
Names of SORNs 6, 17, 19, 25, 26, 27, 29, and 30. PBGC is proposing to
add one routine use to all SORNs: 1-3, 6, 8-16, 19, 21-23, and 25-27.
PBGC is proposing to add one routine use from its Prefatory Statement
of General Routine Uses to SORNs 28, 29, and 30. PBGC is proposing to
republish all current system of records notices. Amendments to specific
SORNs include the following: PBGC is proposing to amend the purpose,
categories of individuals and records, record source categories, and
the policy and practices for retrieval sections of PBGC-1,
Congressional Correspondence; PBGC is proposing to clarify its system
managers, a routine use, its practice of storing records in and the
purpose of PBGC-2, Disbursements; PBGC is proposing to clarify the
categories of records maintained in PBGC-3, Employee Payroll, Leave,
and Attendance Records; PBGC is proposing to update the categories of
records and record sources in PBGC-6: Plan Participant and Beneficiary
Data--PBGC; PBGC is proposing to clarify a routine use and remove the
exemption claimed by PBGC-8, Employee Relations Files; PBGC is
proposing to add a routine use, update the record source categories,
and amend three routine uses in PBGC-9, Unclaimed Retirement Funds;
PBGC is proposing to amend the purpose and sources of records in PBGC-
10, Administrative Appeals; PBGC is proposing to update the categories
of records of PBGC-11, Call Detail Records--PBGC; PBGC is proposing to
update the purpose of the system of records, update record sources,
amend three routine uses, and a two routine uses to PBGC-12, Personnel
Security Investigation Records; PBGC is proposing to update the system
location and categories of records for PBGC-14, My Plan Administration
Account Records--PBGC; PBGC is proposing to amend a routine use in
PBGC-15, Emergency Notification Records; PBGC is proposing to update
the purpose, categories of individuals, and categories of records to
PBGC-17, Office of Inspector General Investigative Filing System; PBGC
is proposing to update the categories of records for PBGC-19, Office of
Negotiations and Restructuring/Office of General Counsel Case
Management System--PBGC; PBGC is proposing to amend the system name,
amend the categories of individuals, amend the categories of records,
amend the record sources, update one routine use, and add two routine
uses in PBGC-22, Telework and Alternative Worksite Records; PBGC is
proposing to amend the name of the system of records, update the owner
of the system of records, update the category of records and add one
routine uses to PBGC-23, Internal Investigation of Allegations of

[[Page 73197]]

Harassing Conduct; PBGC is proposing to amend the name of the system of
records and update the owner of the system of records for PBGC-25,
PBGC.GOV Comment Management System--PBGC; and, PBGC is proposing to
amend the categories of records section of PBGC -29, Freedom of
Information Act and Privacy Act Request Records--PBGC.
(1) At the direction of the Office of Information and Regulatory
Affairs, PBGC is merging all pertinent General Routine Uses from the
Prefatory Statement of General Routine Uses into the Routine Uses
sections of SORNs 1-3, 6, 8-16, 19, 21-23, and 25-27.
At the direction of the Office of Management and Budget's (OMB)
Office of Information and Regulatory Affairs (OIRA), PBGC is proposing
to merge and list all pertinent General Routine Uses from the Prefatory
Statement of General Routine Uses, last published at 83 FR 6247 (Feb.
13, 2018), into the routine uses sections of the system of records
notices (SORNs) 1-3, 6, 8-16, 19, 21-23, and 25-27. PBGC will merge the
General Routine Uses cited in each SORN in their most recent
publication into the routine uses section of each SORN.
Additionally, as it merges General Routine Uses 4 and 5 into the
SORNs, PBGC is incorporating OIRA's suggested language to clarify that
any disclosures must be relevant and necessary to litigation. As it
merges General Routine Use 14 into the SORNs, PBGC is rewriting the
language to conform to OMB Memorandum A-130. All additional revisions
will be incorporated into the merger of routine uses and renumbered
accordingly.
(2) PBGC is removing the Prefatory Statement of General Routine
Uses.
PBGC is proposing to removing the Prefatory Statement of General
Routine Uses due to the merger of General Routine Uses into each SORN
discussed in Section 1.
(3) PBGC is proposing, in all SORNs, to update the citations to the
Contesting Records Procedures section and to the Privacy Act of 1974,
and to update SORNs 1-3, 6, 8-16, 19, 21-23, and 25-27, to remove the
citation to the Prefatory Statement of General Routine Uses and to
update the Official Addresses and System Locations.
When PBGC reviewed and revised its SORNs in 2018, it omitted the
citation to its regulations explaining the process to contest
information contained in records maintained by PBGC. PBGC is adding the
citation to 29 CFR 4902.5 to the Contesting Records Procedures section
of all its SORNs. Additionally, upon review, it was noticed that the
Routine Uses section of all SORNs contained a citation error. PBGC is
amending the Privacy Act citation in the Routine Uses section of all
its SORNs, changing it from 5 U.S.C. 522a(b) to 5 U.S.C. 552a(b).
Additionally, PBGC is removing all citations to PBGC's Prefatory
Statement of General Routine Uses in SORNs 1-3, 6, 8-16, 19, 21-23, and
25-27 to reflect that General Routine Uses were merged at the direction
of OIRA. Lastly, PBGC is updating the Official Addresses of SORNs 1-3,
6, 8-16, 19, 21-23, and 25-27 to reflect PBGC's new Headquarters
location and/or system locations where applicable.
(4) PBGC is proposing to amend the System Names of SORNs 6, 17, 19,
25, 26, 27, 29, and 30.
PBGC is amending the System Names to remove a naming convention
formerly installed with previous publications. Thus, in SORNs 6, 17,
25, 26, 27, 29, and 30, PBGC will remove ``--PBGC'' from the System
Names.
(5) PBGC is proposing to add one routine use to all SORNs: 1-3, 6,
8-16, 19, 21-23, and 25-27.
Additionally, PBGC is adding a new routine use that will read: ``To
another Federal agency or non-Federal entity to compare such records in
the agency's system of records or to non-Federal records in
coordination with the Office of Inspector General (OIG) conducting an
audit, investigation, inspection, or some other review as authorized by
the Inspector General Act, as amended.'' Pursuant to the Inspector
General Empowerment Act of 2016, an Inspector General or an agency, in
coordination with an Inspector General, may conduct a computerized
comparison of two or more automated system of records or a comparison
of a Federal system of records with other records or non-Federal
records without it creating a matching program as defined by the
Computer Matching and Privacy Protection Act, as amended. PBGC's
Inspector General requested that PBGC create a new routine use to
reflect that information contained in a PBGC system of records may be
used in a computerized comparison of two or more system of records or
with non-Federal records in coordination with the OIG conducting an
audit, investigation, inspection, or some other review as authorized by
the Inspector General Act, as amended. The new routine use will be
numbered in each SORN accordingly.
(6) PBGC is proposing to add one routine use from its Prefatory
Statement of General Routine Uses to SORNs 28, 29, and 30.
During its review since their last publication, PBGC determined
that it inadvertently left out a General Routine Use 14 from its
Prefatory Statement of Routine Uses in SORNs: 28, 29, and 30. The new
routine use will be numbered in each SORN accordingly and will read
``To another Federal agency or Federal entity, when 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 agency (including its information systems, programs,
and operations), the Federal Government, or national security.''
(7) PBGC is proposing to republish all current system of records
notices.
PBGC annually reviews all system of records notices and attempts to
republish them biennially. SORNs 6, 17, 19, 21, 27, 28, 29, and 30 have
been published separately within the past four years. There have been
minor corrections, changes in system owners due to internal agency
realignments, and administrative changes for consistency in the
existing system of records notices since then. As such, PBGC proposes
to republish all current system of records notices in order to clarify
and consolidate information into one publication.
(8) PBGC is proposing to amend the purpose, categories of
individuals, categories of records, record sources, and the policy and
practices for retrieval of PBGC-1, Congressional Correspondence.
PBGC is proposing two amendments to this SORN.
First, PBGC is proposing to amend the Purpose of the System,
Categories of Individuals Covered by the System, Categories of Records
in the System, and Record Source Categories sections to reflect
inquiries may contain correspondence from the Executive Office of the
President of the United States.
Second, PBGC is proposing to amend the Policies and Practices for
Retrieval of Records section in PBGC-1: Congressional Correspondence
(last published at 83 FR 6253 (February 13, 2018)) to reflect an
additional retrieval method. The current wording of ``Name'' will be
altered to ``Records are retrieved by any one or more of the following:
name or Record ID Number.''
(9) PBGC is proposing to clarify the system managers, a routine
use, its practice of storing records in, and the purpose of PBGC-2,
Disbursements.
PBGC is proposing four amendments to PBGC-2, Disbursements (last
published at 83 FR 6254 (February 13, 2018)). First, PBGC proposes to
amend

[[Page 73198]]

the Purpose(s) of the System section to that this system is meant for
effecting all payments made on behalf of PBGC, not just those made by
Treasury, by removing the language ``payments made by the Treasury.''
Second, the Policies and Practices for Storage of Records section
currently states that records may be maintained in paper and/or
electronic form. The proposed language clarifies that ``Paper records
are stored in locked offices and PIV-reader accessed rooms.'' Third,
PBGC is proposing to add the Office of Benefits Administration as a
system owner due to their involvement with effecting benefits payments.
Fourth, PBGC is proposing to modify Routine Use 1 (formerly Routine Use
2) to clarify that this system effects payments to all persons.
(10) PBGC is proposing to clarify the categories of records
maintained in PBGC-3, Employee Payroll, Leave, and Attendance Records.
PBGC is proposing to add language to PBGC-3: Employee Payroll,
Leave, and Attendance Records (last published at 83 FR 6254 (February
13, 2018) to clarify what health information is maintained in the
system of records. The proposed language will read, ``health
information related to FMLA requests.''
(11) PBGC is proposing to update the categories of records and
record source categories in PBGC-6: Plan Participant and Beneficiary
Data--PBGC
PBGC is proposing two amendments to this SORN. First, PBGC will add
language to the Categories of Records in the System section of PBGC-6:
Plan Participant and Beneficiary Data (last published at 87 FR 79002
(December 23, 2022)) stating that the system may include user
attributes received from <a href="http://Login.gov">Login.gov</a> for user authentication. Second,
PBGC will add the General Services Administration as a record source in
the Record Source Categories section and remove ``PBGC Field Offices''
for administrative updates.
(12) PBGC is proposing to remove the exemption claimed by PBGC-8,
Employee Relations Files and update a routine use.
PBGC is proposing two amendments to this SORN. First, PBGC is
proposing to remove the exemption claimed pursuant to 5 U.S.C.
552a(k)(2) by PBGC-8, Employee Relations Files (last published at 83 FR
6256 (February 13, 2018)). During its review, PBGC determined this
exemption was invalid. Second, PBGC is proposing to amend Routine Use 2
(formerly Routine Use 3) to include the fact that information may be
shared with an employee's attorney or union representative.
(13) PBGC is proposing to update the record source categories, and
amend three routine uses in PBGC-9, Unclaimed Retirement Funds.
PBGC is proposing four amendments to this SORN (last published at
83 FR 6256 (February 13, 2018)).
First, PBGC is proposing to update the Record Source Categories to
state that PBGC collects information contained within the system from
other Federal agencies, plan administrators, plan sponsors, and
insurance companies.
Second, PBGC proposes to amend Routine Uses 2 and 3 (formerly
Routine Uses 3 and 4) to reflect that PBGC may disclose records to a
labor organization recognized as the collective bargaining
representative for participants in a plan (Routine Use 2) or use
locator services (Routine Use 3) when it is unable to issue benefit
payments because an address cannot be confirmed as current or correct.
The new language to be added to Routine Uses 2 and 3 will read: ``or
PBGC is unable to make benefit payments to those participants,
beneficiaries, and alternate payees because the address on file is
unable to be confirmed as current or correct.''
Third, PBGC proposes to amend Routine Use 4 (formerly Routine Use
5). The Office of Benefits Administration requests that PBGC amend
Routine Use 5 to reflect that a contract that binds the licensee of the
Postal Service must reference the civil and criminal penalties of the
Privacy Act. Upon its review of the current Routine Use, PBGC
determined that the parameters of the Routine Use only required
reference to the criminal penalties, and both are needed.
Fourth, PBGC proposes updating Routine Use 6 (formerly Routine Use
7) to reflect that the forum for publishing information from this SORN
will be PBGC.GOV. The clarifying language will read ``Should PBGC
disclose information under this routine use, it may be disclosed to the
public by publishing on PBGC.GOV website.''
Note that the numbering changes to the Routine Uses discussed above
result from deleting the current Routine Use 1. Routine Use 1
incorporates some of the current General Routine Uses. As discussed
elsewhere in this document, PBGC, at the direction of OIRA, is
incorporating relevant General Routine Uses into each of its SORNs and
therefore revoking its General Routine Uses. Routine Use 1 is thus no
longer needed.
(14) PBGC is proposing to amend the purpose and sources of records
in PBGC-10, Administrative Appeals.
PBGC is proposing two amendments to PBGC-10, Administrative Appeals
(last published at 83 FR 6260 (February 13, 2018)). First, PBGC is
proposing to update the Purpose of the System section to clarify ``The
purpose of this system is to catalog, review, and respond to
administrative appeals of PBGC determinations (such as plan, benefit,
qualified domestic relations order, payment, and liability
determinations) by plan participants, beneficiaries and employers.''
Second, PBGC is proposing to amend the Record Source Categories section
to specify that PBGC may receive records from an individual's attorney
or other authorized representative.
(15) PBGC is proposing to update the categories of records and
record sources of PBGC-11, Call Detail Records
PBGC is proposing to amend the Categories of Records and Record
Source Categories sections of PBGC 11: Call Detail Records (last
published at 83 FR 6261 (February 13, 2018)) to clarify that the system
of records may include records from PBGC-issued communications devices
or communications software on PBGC-issued computers, portable
electronic devices, or desktop telephones, used to send communications
internally within or externally from PBGC and used to receive
communications internally within or externally from PBGC, and records
indicating the assignment of PBGC-issued communications devices or
communications software to PBGC employees.
(16) PBGC is proposing to update the purpose of the system of
records, update the record sources, amend three routine uses, and add a
routine uses to PBGC-12, Personnel Security Investigation Records.
PBGC proposes five amendments to PBGC-12, Personnel Security
Investigation Records (last published at 83 FR 6262 (February 13,
2018)).
First, PBGC proposes to amend the Purposes of the System section to
state that records may be used for insider threat investigations and to
include PBGC's participation in the National Background Investigation
Service's Continuous Vetting process and the Trusted Workforce 2.0
Program.
Second, PBGC proposes to broaden the Record Source Categories
section to reflect all personnel forms or security forms used in
connection with background checks.
Third, PBGC proposes amending Routine Uses 1, 2, and 9 (formerly
Routine Uses 2, 3, and 10) to remove references to the Office of
Personnel Management (OPM), which no longer conducts background
investigations for suitability determinations. PBGC proposes replacing
references to OPM

[[Page 73199]]

with ``the Federal agency conducting background investigations.''
Fourth, PBGC proposes to amend Routine Use 2 (formerly Routine Use
3) to include ``the Federal agency conducting background
investigations'' to reflect the fact the agency may need to provide
documentation to that agency to complete the investigation.
Fifth, PBGC proposes a new routine use to reflect that information
maintained in this system of records may be disclosed to PBGC's Insider
Threat Program in conjunction with an investigation or inquiry. New
Routine Use 13 will read: ``To provide information to PBGC's Insider
Threat Program in conjunction with determining the severity of the
risk, if any, posed by an employee or contractor.''
Note that the numbering changes to the Routine Uses discussed above
result from deleting the current Routine Use 1. Routine Use 1
incorporates some of the current General Routine Uses. As discussed
elsewhere in this document, PBGC, at the direction of OIRA, is
incorporating relevant General Routine Uses into each of its SORNs and
therefore revoking its General Routine Uses. Routine Use 1 is thus no
longer needed.
(17) PBGC is proposing no additional updates to PBGC-13, Debt
Collection
Other than what has been detailed in Sections 1-7, there are no
additional updates to this SORN.
(18) PBGC is proposing to update the system location, record
sources, and categories of records for PBGC-14, My Plan Administration
Account Records.
PBGC is proposing three amendments to PBGC-14, My Plan
Administration Account Records (last published at 83 FR 6272 (February
13, 2018)). First, PBGC is proposing to amend the System Location
section to reflect that records may be stored in the Oracle Service
Cloud. Second, PBGC proposes to amend the Categories of Records section
to include user attributes received from <a href="http://Login.gov">Login.gov</a> for user
authentication. Third, PBGC will add the General Services
Administration as a record source in the Record Source Categories
section for <a href="http://Login.gov">Login.gov</a>.
(19) PBGC is proposing to amend a routine use in PBGC-15, Emergency
Notification Records.
PBGC is proposing to amend Routine Use 1 (Formerly Routine Use 2)
in PBGC-15 (last published at 83 FR 6266 (February 13, 2018)) to
include compelling circumstances for disclosure. Amended Routine Use 1
will read ``A record in this system of records may be disclosed to
family members, emergency medical personnel, or to law enforcement
officials in case of a medical or other emergency involving compelling
circumstances affecting the health or safety of the subject individual
excepted by 5 U.S.C. 552a(b)(8).
(20) PBGC is proposing no additional amendments to PBGC-16, People
Search
Other than what has been detailed in Sections 1-7, there are no
additional updates to this SORN.
(21) PBGC is proposing to update the purpose, categories of
individuals, and categories of records to PBGC-17, Office of Inspector
General Investigative Filing System
PBGC is proposing three amendments PBGC-17 (last republished at 89
FR 3436 (Jan. 18, 2024)).
First, PBGC is amending the Purpose of the System section to be
more consistent with wording used in other PBGC SORNs and to correct
the name of the Office of the Inspector General (OIG).
Second, PBGC is amending the wording in the first sentence of the
Categories of Individuals Covered by the System section to replace
``Office of Inspector General'' with abbreviation: ``OIG.''
Third, PBGC is amending the Categories of Records section to
include the following: aliases, telephone and cell phone numbers,
physical and mailing addresses, electronic mailing addresses, and any
other relevant personal information that is a subject of investigation
by the OIG.
(22) PBGC is proposing to update the categories of records and
record sources for PBGC-19, Office of Negotiations and Restructuring/
Office of General Counsel Case Management System--PBGC
PBGC is proposing to amend the Categories of Records and Record
Source Categories sections of PBGC-19 (last published at 86 FR 49061
(Sep. 01, 2021)) to include user attributes received from <a href="http://Login.gov">Login.gov</a> for
user authentication from the General Services Administration.
(23) PBGC is proposing no additional amendments to PBGC-21,
Reasonable Accommodation Records
Other than what has been detailed in Sections 1-7, there are no
additional updates to this SORN.
(24) PBGC is proposing to amend the system name, amend the purpose,
amend the categories of individuals, amend the categories of records,
amend the record sources, update one routine use, and add two routine
uses in PBGC-22, Telework and Alternative Worksite Records.
PBGC is proposing several amendments to PBGC-22: Telework and
Alternative Worksite Records (last published at 83 FR 6272 (February
13, 2018)).
First, PBGC is proposing to change the name to ``PBGC-22: Remote
Work, Telework, and Alternative Worksite Records--PBGC'' to reflect the
inclusion of remote work program records.
Second, PBGC proposes to add language to the Purpose(s) of the
System, Categories of Individuals, Record Source Categories, and
Categories of Records sections clarifying that the system includes
records relating to the remote work program. Moreover, PBGC proposes to
clarify in the Categories of Records section that medical telework is a
type of telework and that medical documentation to support the request
for medical telework may be contained in the system.
Third, PBGC proposes to amend Routine Use 4 (formerly Routine Use
5) to clarify that records may be disclosed to alternative dispute
resolution providers in labor or employment disputes. Routine Use 4
will now read: ``A record from this system of records may be disclosed
to appropriate third parties contracted by the agency to facilitate
mediation or other dispute resolution procedures or programs.''
Fourth, PBGC is also proposing to add a routine use for shipping of
information technology equipment to agency personnel. The new Routine
Use 5 will read: ``A record from this system may be disclosed to the
PBGC Information Technology Infrastructure Operations Department
(ITIOD) when necessary for the shipping of Government-owned IT
equipment to an employee's approved alternative work location.''
Fifth, PBGC proposes a new routine use--Routine Use 6--for loaning
office furniture to agency personnel. It will read ``A record from this
system may be disclosed to the PBGC Workplace Solutions Department
(WSD) when necessary to account for office furniture loaned to an
employee for use at their approved alternate work location.''
Note that the numbering changes to the Routine Uses discussed above
results from deleting the current Routine Use 1. Routine Use 1
incorporates some of the current General Routine Uses. As discussed
elsewhere in this document, PBGC, at the direction of OIRA, is
incorporating relevant General Routine Uses into each of its SORNs and
therefore revoking its General Routine Uses. Routine Use 1 is thus no
longer needed.
(25) PBGC is proposing to amend the name of the system of records,
update the owner of the system of records, update the category of
records, add one routine use to PBGC-23, Internal

[[Page 73200]]

Investigation of Allegations of Harassing Conduct, and remove
exemption.
PBGC is proposing five amendments to PBGC-23, Internal
Investigation of Allegations of Harassing Conduct (last published at 83
FR 6273 (February 13, 2018)).
First, PBGC proposes to amend the name of the system of records to
be more consistent with the body that conducts inquiries into
harassment complaints within PBGC. The new system name would be ``PBGC-
23: Internal Inquiries of Allegations of Harassing Conduct.''
Second, PBGC proposes to amend the system owners to be both the
Office of General Counsel's department director for the General Law and
Operations Department and the Human Resources Department, the two
departments that conduct inquiries into harassment complaints within
PBGC.
Third, PBGC is proposing to update the Categories of Records to
reflect that it now includes the ``Harassment Inquiry Committee intake
form.''
Fourth, PBGC is proposing to add a new routine use to reflect that
records may be disclosed to the PBGC Equal Employment Opportunity
Office or the Office of Inspector General in the course of their work.
Routine Use 2 will read, ``Disclosure of information from this system
of records may be made to the PBGC Office of Equal Employment
Opportunity or the PBGC Office of the Inspector General when related to
investigations under their jurisdiction.''
Lastly, PBGC is proposing to remove the exemption claimed pursuant
to 5 U.S.C. 552a(k)(2). During its review, PBGC determined this
exemption was invalid.
(26) PBGC is proposing to amend the name of the system of records
and update the owner of the system of records for PBGC-25, PBGC.GOV
Comment Management System--PBGC.
PBGC is proposing two amendments to PBGC-25: PBGC.GOV Comment
Management System--PBGC (last published at 83 FR 6274 (February 13,
2018)).
First, PBGC determined that, due to a proposed update to the
ownership of the system of records, the name of the system of records
should more accurately reflect its meaning. Accordingly, PBGC proposes
to amend the name of the system to: ``PBGC-25: Comment Management
System.''
Second, PBGC proposes to amend the owner of the system of records
to the Program Law and Policy Department within the Office of General
Counsel.
(27) PBGC is proposing no additional amendments to PBGC-26, PBGC
Insider Threat and Data Loss Prevention.
Other than what has been detailed in Sections 1-7, there are no
additional updates to this SORN.
(28) PBGC is proposing no additional amendments to PBGC-27,
Ensuring Workplace Health and Safety in response to a Public Health
Emergency--PBGC.
Other than what has been detailed in Sections 1-5, there are no
additional updates to this SORN.
(29) PBGC is proposing no additional amendments to PBGC-28,
Physical Security and Facility Access.
Other than what has been detailed in Sections 1-2 and 6-7, there
are no additional updates to this SORN.
(30) PBGC is proposing no additional amendments to PBGC-29, Freedom
of Information Act and Privacy Act Request Records--PBGC.
PBGC is proposing to amend the Categories of Records section of
PBGC-29 (last published at 88 FR 41663 (June 27, 2023)) to include user
attributes received from <a href="http://Login.gov">Login.gov</a> for account creation and user
authentication.
(31) PBGC is proposing no additional amendments to PBGC-30, Surveys
and Complaints--PBGC.
Other than what has been detailed in Sections 1-7, there are no
additional updates to this SORN.
Pursuant to 5 U.S.C. 552a(e)(11), interested persons are invited to
submit written comments on the proposed changes described in this
notice. A report has been sent to Congress and the Office of Management
and Budget for their evaluation.

Issued in Washington, DC.
Charles Chalmers,
Deputy General Counsel, Pension Benefit Guaranty Corporation.

SYSTEM NAME AND NUMBER:
PBGC-1: Congressional Correspondence.

SECURITY CLASSIFICATION:
Unclassified.

SYSTEM LOCATION:
Pension Benefit Guaranty Corporation (PBGC), 445 12th Street SW,
Washington, DC, 20024-2101 (Records may be kept at an additional
location as backup for continuity of operations.)

SYSTEM MANAGER(S):
Director, Communications Outreach and Legislative Affairs, PBGC,
445 12th Street SW, Washington, DC, 20024-2101.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
29 U.S.C. 1302; 44 U.S.C. 3101; and 5 U.S.C. 301.

PURPOSE(S) OF THE SYSTEM:
This system of records is maintained to catalog and respond to
correspondence received from members of Congress and their staff on
behalf of their constituents, from the Executive Office of the
President, its Cabinet and their staff, and from correspondence
directed to the Office of the Director of PBGC.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Members of the United States Congress and their staff,
Congressional constituents, members of the President's Cabinet and
their staff, and individuals who have corresponded with PBGC.

CATEGORIES OF RECORDS IN THE SYSTEM:
Names of members of Congress, congressional staff, presidential
staff, and constituents; addresses; phone numbers; social security
numbers; customer identification numbers; email addresses; copies of
correspondence received; replies to such correspondence.

RECORD SOURCE CATEGORIES:
Members of Congress and their staff; members of the President's
Cabinet and their staff; correspondents; agency employees preparing
responses to incoming correspondence or who generate original
correspondence in their official capacities.

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. 552a(b), and:
1. A record from this system may be disclosed to law enforcement in
the event the record is connected to a violation or potential violation
of law, whether civil, criminal or regulatory in nature, and whether
arising by general statute, regulation, rule, or order issued pursuant
thereto. Such disclosure may be made to the appropriate agency, whether
Federal, state, local, or tribal, or other public authority responsible
for enforcing, investigating or prosecuting such violation or charged
with enforcing or implementing the statute, or rule, regulation, or
order issued pursuant thereto, if PBGC determines that the records are
both relevant and necessary to any enforcement, regulatory,
investigative or prospective responsibility of the receiving entity.
2. A record from this system of records may be disclosed to a
Federal, state, tribal or local agency or to another public or private
source maintaining civil, criminal, or other relevant

[[Page 73201]]

enforcement information or other pertinent information if, and to the
extent necessary, to obtain information relevant to a PBGC decision
concerning the hiring or retention of an employee, the retention of a
security clearance, or the letting of a contract.
3. With the approval of the Director, Human Resources Department
(or his or her designee), the fact that this system of records includes
information relevant to a Federal agency's decision in connection with
the hiring or retention of an employee, the retention of a security
clearance, the letting of a contract, or the issuance of a license,
grant, or other benefit may be disclosed to that Federal agency.
4. A record from this system of records may be disclosed in a
proceeding before a court or other adjudicative body in which PBGC, an
employee of PBGC in his or her official capacity, an employee of PBGC
in his or her individual capacity whom PBGC (or the Department of
Justice (DOJ)) has agreed to represent is a party, or the United States
or any other Federal agency is a party and PBGC determines that it has
an interest in the proceeding, and if PBGC determines that the record
is relevant and necessary to the litigation and that the use is
compatible with the purpose for which PBGC collected the information.
5. When PBGC, an employee of PBGC in his or her official capacity,
or an employee of PBGC in his or her individual capacity whom PBGC (or
DOJ) has agreed to represent is a party to a proceeding before a court
or other adjudicative body, or the United States or any other Federal
agency is a party and PBGC determines that it has an interest in the
proceeding, a record from this system of records may be disclosed to
DOJ if PBGC is consulting with DOJ regarding the proceeding or has
decided that DOJ will represent PBGC, or its interest, in the
proceeding and PBGC determines that the record is relevant and
necessary to the litigation and that the use is compatible with the
purpose for which PBGC collected the information.
6. A record from this system of records may be disclosed to OMB in
connection with the review of private relief legislation as set forth
in OMB Circular No. A-19 at any stage of the legislative coordination
and clearance process as set forth in that Circular.
7. A record from this system of records may be disclosed to a
congressional office in response to an inquiry from the congressional
office made at the request of the individual.
8. A record from this system of records may be disclosed to an
official of a labor organization recognized under 5 U.S.C. ch. 71 when
necessary for the labor organization to properly perform its duties as
the collective bargaining representative of PBGC employees in the
bargaining unit.
9. A record from this system of records may be disclosed to
appropriate agencies, entities, and persons when (1) PBGC suspects or
has confirmed that there has been a breach of the system of records;
(2) PBGC has determined that as a result of the suspected or confirmed
breach there is a risk of harm to individuals, the agency (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 PBGC's efforts to respond to the suspected or confirmed
breach or to prevent, minimize, or remedy such harm.
10. To contractors, experts, consultants, and the agents thereof,
and others performing or working on a contract, service, cooperative
agreement, or other assignment for PBGC when necessary to accomplish an
agency function. Individuals provided information under this routine
use are subject to the same Privacy Act requirements and limitations on
disclosure as are applicable to PBGC employees.
11. To the National Archives and Records Administration or to the
General Services Administration for records management inspections
conducted under 44 U.S.C. 2904 and 2906.
12. To disclose information to a Federal agency, in response to its
request, in connection with hiring or retaining an employee, issuing a
security clearance, conducting a security or suitability investigation
of an individual, or classifying jobs, to the extent that the
information is relevant and necessary to the requesting agency's
decision on the matter.
13. To another Federal agency or non-Federal entity to compare such
records in the agency's system of records or to non-Federal records in
coordination with the Office of Inspector General conducting an audit,
investigation, inspection, or some other review as authorized by the
Inspector General Act, as amended.
14. To another Federal agency or Federal entity, when 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 agency (including its information systems,
programs, and operations), the Federal Government, or national
security.

POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
Records are maintained 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 or more of the following: name or
Record ID Number.

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
Personal Identity Verification (PIV) cards, assigning user accounts to
individuals needing access to the records and by passwords set by
authorized users that must be changed periodically.

RECORD ACCESS PROCEDURES:
Individuals, or third parties with written authorization from the

[[Page 73202]]

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, 445 12th Street SW, Washington, DC 20024-2101, 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, in accordance with 29 CFR 4902.5, their
records must submit a written request identifying the information they
wish to correct in their file, in addition to following the
requirements of the 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, 445 12th Street SW, Washington, DC 20024-
2101, 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:
PBGC-1, Congressional Correspondence (last published at 83 FR 6253
(Feb. 13, 2018)).

SYSTEM NAME AND NUMBER:
PBGC-2: Disbursements

SECURITY CLASSIFICATION:
Unclassified

SYSTEM LOCATION:
Pension Benefit Guaranty Corporation (PBGC), 445 12th Street SW,
Washington, DC 20024-2101, PBGC Field Offices (Field Benefit
Administration), and/or paying agent worksites. (Records may be kept at
an additional location as backup for continuity of operations.)

SYSTEM MANAGER(S):
Director, Financial Operations Department, PBGC, 445 12th Street
SW, Washington, DC 20024-2101.
Chief of Benefits Administration, Office of Benefits
Administration, PBGC, 445 12th Street SW, Washington, DC 20024-2101.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
29 U.S.C. 1302; 44 U.S.C. 3101; 5 U.S.C. 301; 31 U.S.C. 6101 et
seq.; 31 U.S.C. 9101, et seq.; 31 U.S.C. 3716.

PURPOSE(S) OF THE SYSTEM:
This system of records is maintained for use in determining amounts
to be paid and in effecting payments on behalf of PBGC.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
PBGC Employees; consultants; contractors; vendors; and any other
individuals who receive payments from PBGC.

CATEGORIES OF RECORDS IN THE SYSTEM:
Acquisition data for the procurement of goods and services;
invoices; payment vouchers; financial information of commercial vendors
and government contractors; Electronic Funds Transfer (EFT)
information; IP information; cookies (session and persistent); name;
address; taxpayer identification number; financial information; bank
information; Social Security number; and other information related to
the disbursement of funds.

RECORD SOURCE CATEGORIES:
Subject individuals and PBGC.

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. 552a(b), and
5 U.S.C. 552a(b)(3) and:
1. A record from this system of records may be transmitted to the
United States Department of the Treasury and/or financial institutions,
including entities contracted by PBGC, to effect payments to all
persons, to verify all persons eligibility to receive payments, or to
fulfill PBGC's requirement pursuant to the Digital Accountability and
Transparency Act of 2014.
2. To the Office of Personnel Management (OPM), the Office of
Management and Budget (OMB), or the Government Accountability Office
(GAO) when the information is required for program evaluation purposes.
3. A record from this system may be disclosed to a consumer
reporting agency in accordance with 31 U.S.C. 3711(e).
4. A record from this system may be disclosed to law enforcement in
the event the record is connected to a violation or potential violation
of law, whether civil, criminal or regulatory in nature, and whether
arising by general statute, regulation, rule, or order issued pursuant
thereto. Such disclosure may be made to the appropriate agency, whether
Federal, state, local, or tribal, or other public authority responsible
for enforcing, investigating or prosecuting such violation or charged
with enforcing or implementing the statute, or rule, regulation, or
order issued pursuant thereto, if PBGC determines that the records are
both relevant and necessary to any enforcement, regulatory,
investigative or prospective responsibility of the receiving entity.
5. A record from this system of records may be disclosed to a
Federal, state, tribal or local agency or to another public or private
source maintaining civil, criminal, or other relevant enforcement
information or other pertinent information if, and to the extent
necessary, to obtain information relevant to a PBGC decision concerning
the hiring or retention of an employee, the retention of a security
clearance, or the letting of a contract.
6. With the approval of the Director, Human Resources Department
(or his or her designee), the fact that this system of records includes
information relevant to a Federal agency's decision in connection with
the hiring or retention of an employee, the retention of a security
clearance, the letting of a contract, or the issuance of a license,
grant, or other benefit may be disclosed to that Federal agency.
7. A record from this system of records may be disclosed in a
proceeding before a court or other adjudicative body in which PBGC, an
employee of PBGC in his or her official capacity, an employee of PBGC
in his or her individual capacity whom PBGC (or the Department of
Justice (DOJ)) has agreed to represent is a party, or the United States
or any other Federal agency is a party and PBGC determines that it has
an interest in the proceeding, and if PBGC determines that the record
is relevant and necessary to the litigation and that the use is
compatible with the purpose for which PBGC collected the information.
8. When PBGC, an employee of PBGC in his or her official capacity,
or an employee of PBGC in his or her individual capacity whom PBGC (or
DOJ) has agreed to represent is a party to a proceeding before a court
or other adjudicative body, or the United States or any other Federal
agency is a party and PBGC determines that it has an interest in the
proceeding, a record from this system of records may be disclosed to
DOJ if PBGC is consulting with DOJ regarding the proceeding or has
decided that DOJ will represent PBGC, or its interest, in the
proceeding and PBGC determines that the record is relevant and
necessary to the litigation and that the use is compatible with the
purpose for which PBGC collected the information.

[[Page 73203]]

9. A record from this system of records may be disclosed to OMB in
connection with the review of private relief legislation as set forth
in OMB Circular No. A-19 at any stage of the legislative coordination
and clearance process as set forth in that Circular.
10. A record from this system of records may be disclosed to a
congressional office in response to an inquiry from the congressional
office made at the request of the individual.
11. A record from this system of records may be disclosed to
appropriate agencies, entities, and persons when (1) PBGC suspects or
has confirmed that there has been a breach of the system of records;
(2) PBGC has determined that as a result of the suspected or confirmed
breach there is a risk of harm to individuals, PBGC (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 PBGC's efforts to respond to the suspected or confirmed breach or
to prevent, minimize, or remedy such harm.
12. To contractors, experts, consultants, and the agents thereof,
and others performing or working on a contract, service, cooperative
agreement, or other assignment for PBGC when necessary to accomplish an
agency function. Individuals provided information under this routine
use are subject to the same Privacy Act requirements and limitations on
disclosure as are applicable to PBGC employees.
13. To the National Archives and Records Administration or to the
General Services Administration for records management inspections
conducted under 44 U.S.C. 2904 and 2906.
14. To any source from which information is requested in the course
of processing a grievance, investigation, arbitration, or other
litigation, to the extent necessary to identify the individual, inform
the source of the purpose(s) of the request, and identify the type of
information requested.
15. To disclose information to a Federal agency, in response to its
request, in connection with hiring or retaining an employee, issuing a
security clearance, conducting a security or suitability investigation
of an individual, or classifying jobs, to the extent that the
information is relevant and necessary to the requesting agency's
decision on the matter.
16. To another Federal agency or Federal entity, when 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 agency (including its information systems,
programs, and operations), the Federal Government, or national
security.
17. To another Federal agency or non-Federal entity to compare such
records in the agency's system of records or to non-Federal records in
coordination with the Office of Inspector General conducting an audit,
investigation, inspection, or some other review as authorized by the
Inspector General Act, as amended.

POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
Records are retrieved by any one or more of the following: name,
social security number, and taxpayer identification number.

POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
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 financial
systems and will be maintained in accordance with General Records
Schedule 2.4.
Transactional records may be temporary in nature and deleted once
payment has been accepted, any action has been completed, superseded,
obsolete, or no longer needed. The retention of other records may be
discontinued at the completion of the contract, a requisition requiring
payment, or upon receipt of the payment itself.

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, 445 12th Street SW, Washington, DC 20024-2101, 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, in addition to following the
requirements of the Record Access Procedure above.

EXEMPTIONS PROMULGATED FOR THE SYSTEM:
None.

HISTORY:
PBGC-2, Disbursements (last published at 83 FR 6254 (Feb. 13,
2018)).

[[Page 73204]]

SYSTEM NAME AND NUMBER:
PBGC-3: Employee Payroll, Leave, and Attendance Records.

SECURITY CLASSIFICATION:
Unclassified.

SYSTEM LOCATION:
Pension Benefit Guaranty Corporation (PBGC), 445 12th Street SW,
Washington, DC 20024-2101 (Records may be kept at an additional
location as backup for continuity of operations.)

SYSTEM MANAGER(S):
Director, Financial Operations Division, PBGC, 445 12th Street SW,
Washington, DC 20024-2101.
Director, Human Resources Department, PBGC, 445 12th Street SW,
Washington, DC 20024-2101.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
29 U.S.C. 1302; 29 CFR 825.305; 44 U.S.C. 3101; 5 U.S.C. 301; 5
U.S.C. 5501-5584.

PURPOSE(S):
This system of records is maintained to perform agency functions
involving employee, student, and intern leave, attendance, and
payments, including determinations relating to the amounts to be paid
to employees, the distribution of pay according to employee, student,
and intern directions (for allotments to financial institutions, and
for other authorized purposes), tax withholdings and other authorized
deductions, and for statistical purposes.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Current and former PBGC employees, students, and interns.

CATEGORIES OF RECORDS IN THE SYSTEM:
Personnel information, such as: names, addresses, phone numbers,
social security numbers, employee numbers, dates of birth,
notifications of personnel actions; payroll information, such as:
allotments and requests, marital status and number of dependents,
beneficiary data, child support enforcement order information (which
may include the social security numbers of custodian and minor
children), debts owed to PBGC, debts owed to the Federal government,
garnishments, personal bank account information, direct deposit
information, union dues, tax information, other deductions, time and
attendance records; co-owner and/or beneficiary of bonds; Thrift
Savings Plan information; Flexible Spending Account information; Long
Term Care Insurance; awards; retirement information; salary data
including pay rate, grade, length of service; health information
related to FMLA requests.

RECORD SOURCE CATEGORIES:
Subject individuals; subject individuals' supervisors; timekeepers;
Department of the Interior, Interior Business Center; and the Office of
Personnel Management.

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. 552a(b), and:
1. A record from this system may be disclosed to the United States
Department of the Interior, the United States Department of Labor,
Social Security Administration, and the United States Department of the
Treasury in order to effect payments to current or former PBGC
employees, students, and interns.
2. Information regarding current payments due or delinquent
repayments owed to PBGC through current and former employees, students,
and interns may be shared with the Department of the Treasury for the
purposes of offset.
3. Information from this system of records may be disclosed to the
Office of Personnel Management pursuant to that agency's responsibility
for the evaluation and oversight of Federal personnel management.
4. A record from this system may be disclosed to a consumer
reporting agency in accordance with 31 U.S.C. 3711(e).
5. A record from this system may be disclosed to law enforcement in
the event the record is connected to a violation or potential violation
of law, whether civil, criminal or regulatory in nature, and whether
arising by general statute, regulation, rule, or order issued pursuant
thereto. Such disclosure may be made to the appropriate agency, whether
Federal, state, local, or tribal, or other public authority responsible
for enforcing, investigating or prosecuting such violation or charged
with enforcing or implementing the statute, or rule, regulation, or
order issued pursuant thereto, if PBGC determines that the records are
both relevant and necessary to any enforcement, regulatory,
investigative or prospective responsibility of the receiving entity.
6. A record from this system of records may be disclosed to a
Federal, state, tribal or local agency or to another public or private
source maintaining civil, criminal, or other relevant enforcement
information or other pertinent information if, and to the extent
necessary, to obtain information relevant to a PBGC decision concerning
the hiring or retention of an employee, the retention of a security
clearance, or the letting of a contract.
7. With the approval of the Director, Human Resources Department
(or his or her designee), the fact that this system of records includes
information relevant to a Federal agency's decision in connection with
the hiring or retention of an employee, the retention of a security
clearance, the letting of a contract, or the issuance of a license,
grant, or other benefit may be disclosed to that Federal agency.
8. A record from this system of records may be disclosed in a
proceeding before a court or other adjudicative body in which PBGC, an
employee of PBGC in his or her official capacity, an employee of PBGC
in his or her individual capacity whom PBGC (or the Department of
Justice (DOJ)) has agreed to represent is a party, or the United States
or any other Federal agency is a party and PBGC determines that it has
an interest in the proceeding, and if PBGC determines that the record
is relevant and necessary to the litigation and that the use is
compatible with the purpose for which PBGC collected the information.
9. When PBGC, an employee of PBGC in his or her official capacity,
or an employee of PBGC in his or her individual capacity whom PBGC (or
DOJ) has agreed to represent is a party to a proceeding before a court
or other adjudicative body, or the United States or any other Federal
agency is a party and PBGC determines that it has an interest in the
proceeding, a record from this system of records may be disclosed to
DOJ if PBGC is consulting with DOJ regarding the proceeding or has
decided that DOJ will represent PBGC, or its interest, in the
proceeding and PBGC determines that the record is relevant and
necessary to the litigation and that the use is compatible with the
purpose for which PBGC collected the information.
10. A record from this system of records may be disclosed to OMB in
connection with the review of private relief legislation as set forth
in OMB Circular No. A-19 at any stage of the legislative coordination
and clearance process as set forth in that Circular.
11. A record from this system of records may be disclosed to a
congressional office in response to an inquiry from the congressional
office made at the request of the individual.
12. A record from this system of records may be disclosed to an
official of a labor organization recognized under 5 U.S.C. ch. 71 when
necessary for the labor organization to properly perform its duties as
the collective bargaining

[[Page 73205]]

representative of PBGC employees in the bargaining unit.
13. A record from this system of records may be disclosed to
appropriate agencies, entities, and persons when (1) PBGC suspects or
has confirmed that there has been a breach of the system of records;
(2) PBGC has determined that as a result of the suspected or confirmed
breach there is a risk of harm to individuals, PBGC (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 PBGC's efforts to respond to the suspected or confirmed breach or
to prevent, minimize, or remedy such harm
14. To contractors, experts, consultants, and the agents thereof,
and others performing or working on a contract, service, cooperative
agreement, or other assignment for PBGC when necessary to accomplish an
agency function. Individuals provided information under this routine
use are subject to the same Privacy Act requirements and limitations on
disclosure as are applicable to PBGC employees.
15. To the National Archives and Records Administration or to the
General Services Administration for records management inspections
conducted under 44 U.S.C. 2904 and 2906.
16. To any source from which information is requested in the course
of processing a grievance, investigation, arbitration, or other
litigation, to the extent necessary to identify the individual, inform
the source of the purpose(s) of the request, and identify the type of
information requested.
17. To disclose information to a Federal agency, in response to its
request, in connection with hiring or retaining an employee, issuing a
security clearance, conducting a security or suitability investigation
of an individual, or classifying jobs, to the extent that the
information is relevant and necessary to the requesting agency's
decision on the matter.
18. To another Federal agency or Federal entity, when 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 agency (including its information systems,
programs, and operations), the Federal Government, or national
security.
19. To another Federal agency or non-Federal entity to compare such
records in the agency's system of records or to non-Federal records in
coordination with the Office of Inspector General conducting an audit,
investigation, inspection, or some other review as authorized by the
Inspector General Act, as amended.

POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
Records are retrieved by any one or more of the following: name;
employee number; or social security number.

EXEMPTIONS PROMULGATED FOR THE SYSTEM:
None.

HISTORY:
PBGC-3, Employee Payroll, Leave, and Attendance Records (last
published at 83 FR 6256 (Feb. 13, 2018)).

SYSTEM NAME AND NUMBER:
PBGC-6: Plan Participant and Beneficiary Data.

SECURITY CLASSIFICATION:
Unclassified.

SYSTEM LOCATION:
Pension Benefit Guaranty Corporation (PBGC), 445 12th Street SW,
Washington, DC 20024-2101, and/or PBGC Field Offices (Field Benefit
Administration), plan administrator worksites, and paying agent
worksites. (Records may be kept at an additional location as backup for
continuity of operations.)

SYSTEM MANAGER(S):
Chief of Benefits Administration, Office of Benefits
Administration, PBGC, 445 12th Street SW, Washington, DC 20024-2101.

[[Page 73206]]

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
29 U.S.C. 1055, 1056(d)(3), 1302, 1321, 1341, 1342, and 1350; 26
U.S.C. 6103; 44 U.S.C. 3101; 5 U.S.C. 301.

PURPOSE(S) OF THE SYSTEM:
This system of records is maintained for use in determining whether
participants, alternate payees, beneficiaries, spouses and domestic
partners are eligible for benefits under plans covered by the Employee
Retirement Income Security Act (ERISA), determining supplemental
payments to be paid to those persons by a party other than PBGC,
determining the amounts of benefits to be paid, making benefit
payments, collecting benefit overpayments, and complying with statutory
and regulatory mandates.
Names, addresses, and telephone numbers are used to survey
customers to measure their satisfaction with PBGC's benefit payment
services and to track (for follow-up) those who do not respond to
surveys.
De-identified, aggregated information from this system may be used
for research into, and statistical information about, benefit
determinations for actuaries and publications.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Participants, alternate payees, beneficiaries, spouses and domestic
partners in terminated and non-terminated retirement plans covered by
ERISA, and other individuals who contact PBGC regarding benefits they
may be owed from PBGC.

CATEGORIES OF RECORDS IN THE SYSTEM:
Names; addresses; telephone numbers; email addresses; user name;
universally unique identifier (UUID) from <a href="http://Login.gov">Login.gov</a> for account
creation and authentication; gender; social security numbers and other
Social Security Administration information; tax identification numbers;
dates of birth and death; dates of hire, termination, and retirement;
salary; employment history; marital status; domestic relations orders;
time of plan participation; eligibility status; pay status; benefit
data, including records of benefit payments made to participants,
alternate payees, and beneficiaries in terminating and terminated
retirement plans; powers of attorney; insurance information where plan
benefits are provided by private insurers; medical records; disability
information; retirement plan names and numbers; correspondence; initial
and final PBGC determinations (see, 29 CFR 4003.21 and 4003.59); and
other records relating to debts owed to the Federal Government.

RECORD SOURCE CATEGORIES:
Plan administrators; participants, spouses, alternate payees,
beneficiaries, and other individuals who contact PBGC regarding
benefits they may be owed from PBGC; unions; insurance companies;
locator services; agents listed on release forms or power of attorneys;
the Social Security Administration (SSA); the Federal Aviation
Administration (FAA); the General Services Administration (GSA); and
other Federal agencies.

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. 552a(b), and:
1. A record from this system of records may be disclosed to third
parties, such as banks, insurance companies, collectively bargained
labor organizations, or trustees:
a. To enable these third parties to make or determine benefit
payments, or
b. To report to the Internal Revenue Service (IRS) the amounts of
benefits paid (or required to be paid) and taxes withheld.
2. A record from this system may be disclosed, in furtherance of
proceedings under Title IV of ERISA, to a contributing sponsor (or
other employer who maintained the plan), including any predecessor or
successor, and any member of the same control group.
3. A record from this system may be disclosed, upon request, for a
purpose authorized under ERISA, to an official of a labor organization
recognized as the current or former collective bargaining
representative of the individual about whom a request is made.
4. Payees' names, addresses, telephone numbers, and information
related to how PBGC determined that a debt was owed by such payees to
PBGC may be disclosed to the Department of the Treasury or a debt
collection agency or to collect a claim. Disclosure to a debt
collection agency may be made only under a contract issued by the
Federal government that binds any such contractor or employee of such
contractor to the penalties of the Privacy Act. The information so
disclosed will be used exclusively pursuant to the terms and conditions
of such contract and will be used solely for the purposes prescribed
therein. The contract must provide that the information so disclosed
will be returned at the conclusion of the debt collection effort.
5. The name and social security number of a participant employed or
formerly employed as a pilot by a commercial airline may be disclosed
to the Federal Aviation Administration to obtain information relevant
to the participant's eligibility or continued eligibility for
disability benefits.
6. The name of a participant's plan, the actual or estimated amount
of a participant's benefit under ERISA, the form(s) in which the
benefit is payable, and whether the participant is currently receiving
benefit payments under the plan or (if not) the earliest date(s) such
payments could commence may be disclosed to the participant's spouse,
domestic partner, former spouse, former domestic partner, child, or
other dependent solely to obtain a qualified domestic relations order
under 29 U.S.C. 1056(d) and 26 U.S.C. 414(p). PBGC will disclose the
information only upon the receipt of a written request by a prospective
alternate payee, or the alternate payee's representative, that
describes the requester's relationship to the participant and states
that the information will be used solely to obtain a qualified domestic
relations order under state domestic relations law. PBGC will notify
the participant of any information disclosed to a prospective alternate
payee or their representative under this routine use.
7. Information from an initial benefit determination under 29 CFR
4003 (excluding the participant's address, telephone number, social
security number, and any sensitive medical information) may be
disclosed to an alternate payee, or their representative, under a
qualified domestic relations order issued pursuant to 29 U.S.C. 1056(d)
and 26 U.S.C. 414, et seq., to explain how PBGC determined the benefit
due the alternate payee so that the alternate payee can pursue an
administrative appeal of the benefit determination under 29 CFR 4003,
et seq. PBGC will notify the participant of the information disclosed
to an alternate payee or their representative under this routine use.
8. Information from an alternate payee's initial benefit
determination under 29 CFR 4003.1 (excluding the alternate payee's
address, telephone number, social security number, and any sensitive
medical information) may be disclosed to a participant, or their
representative, under a qualified domestic relations order issued
pursuant to 29 U.S.C. 1056(d) and 26 U.S.C. 414(p) to explain how PBGC
determined the benefit due to the alternate payee so that the
participant may pursue an administrative appeal of the benefit
determination under 29 CFR 4003, et seq. PBGC will notify the alternate
payee of the information

[[Page 73207]]

disclosed to a participant or their representative under this routine
use.
9. Information used in calculating the benefit, or share of the
benefit, of a participant or alternate payee (excluding the
participant's or alternate payee's address, telephone number, social
security number, and any sensitive medical information) may be
disclosed to a participant or an alternate payee, or their
representative, when (a) a qualified domestic relations order issued
pursuant to 29 U.S.C. 1056(d) and 26 U.S.C. 414(p) affects the
calculation of the benefit, or share of the benefit, of the participant
or alternate payee; and (b) the information is needed to explain to the
participant or alternate payee how PBGC calculated the benefit, or
share of the benefit, of the participant or alternate payee. PBGC will
notify the participant or the alternate payee, or their representative,
as appropriate, of the information disclosed to the participant or the
alternate payee, or their representative, under this routine use.
10. The names, addresses, social security numbers, dates of birth,
and the pension plan name and number of eligible PBGC pension
recipients may be disclosed to the Department of the Treasury and the
Department of Labor to implement the income tax credit for health
insurance costs under 26 U.S.C. 35 and the program for advance payment
of the tax credit under 26 U.S.C. 7527.
11. Names, addresses, social security numbers, and dates of birth
of eligible PBGC pension recipients residing in a particular state may
be disclosed to the state's workforce agency if the agency received a
National Dislocated Worker Grant from the Department of Labor under the
Workforce Innovation and Opportunity Act of 2014 to provide assistance
and support services for state residents under 29 U.S.C. 3225.
12. Payees' names, social security numbers, and dates of birth may
be provided to the Department of the Treasury's Bureau of the Fiscal
Service, the Social Security Administration, the Internal Revenue
Service, or a third party with whom PBGC has a contractual
relationship, to verify payees' eligibility to receive payments.
13. Names and social security numbers of participants and
beneficiaries may be provided to the Department of the Treasury, the
Department of the Treasury's financial agent, and the Federal Reserve
Bank for the purpose of learning which of PBGC's check payees have
electronic debit card accounts used for the electronic deposit of
Federal benefit payments, for establishing electronic debit card
accounts for eligible participants and beneficiaries, and for
administering payments to participants and beneficiaries who have
selected this method of payment.
14. Information relating to revocation of a power of attorney may
be disclosed to the former agent that was named in the revoked power of
attorney.
15. With the exception of third-party social security numbers, all
beneficiary information contained in the participant file (such as:
names, addresses, phone numbers, email addresses and dates of birth)
provided by the subject of the record may be disclosed to the subject
of the record, upon written request to the Disclosure Officer in
accordance with the Record Access Procedure outlined below.
16. Names, social security numbers, last known addresses, dates of
birth and death, amount of benefit, plan name, plan EIN/PIN number,
name of plan sponsor, and the city and state of the plan sponsor of
plan participants and beneficiaries may be disclosed to third parties,
with whom PBGC has a contractual relationship, that provide locator
services (including credit reporting agencies, debt collection firms,
or other Federal agencies) to locate participants and beneficiaries.
Such information will be disclosed only if PBGC has no address for an
individual, if mail sent to the individual at the last known address is
returned as undeliverable, if PBGC has been unable to make benefit
payments to those participants, beneficiaries, and alternate payees
because the address on file is unable to be confirmed as current or
correct or if PBGC has been otherwise unsuccessful at contacting the
individual. Disclosure may be made only under a contract that subjects
the firm or agency providing the service and its employees to the civil
and criminal penalties of the Privacy Act. The information so disclosed
will be used exclusively pursuant to the terms and conditions of such
contract and will be used solely for the purposes prescribed therein.
The contract shall provide that the information so disclosed must be
returned or destroyed at the conclusion of the locating effort.
17. Names and addresses may be disclosed to licensees of the United
States Postal Service (USPS) to obtain current addresses under the
USPS's National Change of Address Linkage System (NCOA). Disclosure may
be made only under a contract that binds the licensee of the Postal
Service and its employees to the civil and criminal penalties of the
Privacy Act. The contract must provide that the records disclosed by
PBGC will be used exclusively for updating addresses under NCOA and
must be returned to PBGC or destroyed when the process is completed.
The records will be exchanged electronically in an encrypted format.
18. Names, social security numbers, last known addresses, dates of
birth and death, employment history, and pay status of individuals
covered by legal settlement agreements involving PBGC may be disclosed
to entities covered by or created under those agreements.
19. A record from this system may be disclosed to a consumer
reporting agency in accordance with 31 U.S.C. 3711(e).
20. A record from this system may be disclosed to law enforcement
in the event the record is connected to a violation or potential
violation of law, whether civil, criminal or regulatory in nature, and
whether arising by general statute, regulation, rule, or order issued
pursuant thereto. Such disclosure may be made to the appropriate
agency, whether federal, state, local, or tribal, or other public
authority responsible for enforcing, investigating or prosecuting such
violation or charged with enforcing or implementing the statute, or
rule, regulation, or order issued pursuant thereto, if PBGC determines
that the records are both relevant and necessary to any enforcement,
regulatory, investigative or prospective responsibility of the
receiving entity.
21. A record from this system of records may be disclosed to a
federal, state, tribal or local agency or to another public or private
source maintaining civil, criminal, or other relevant enforcement
information or other pertinent information if, and to the extent
necessary, to obtain information relevant to a PBGC decision concerning
the hiring or retention of an employee, the retention of a security
clearance, or the letting of a contract.
22. A record from this system of records may be disclosed in a
proceeding before a court or other adjudicative body in which PBGC, an
employee of PBGC in his or her official capacity, an employee of PBGC
in his or her individual capacity whom PBGC (or the Department of
Justice (DOJ)) has agreed to represent is a party, or the United States
or any other federal agency is a party and PBGC determines that it has
an interest in the proceeding, and if PBGC determines that the record
is relevant and necessary to the proceeding and that the use is
compatible with the purpose for which PBGC collected the information.
23. When PBGC, an employee of PBGC in his or her official capacity,
or an employee of PBGC in his or her

[[Page 73208]]

individual capacity whom PBGC (or DOJ) has agreed to represent is a
party to a proceeding before a court or other adjudicative body, or the
United States or any other federal agency is a party and PBGC
determines that it has an interest in the proceeding, a record from
this system of records may be disclosed to DOJ if PBGC is consulting
with DOJ regarding the proceeding or has decided that DOJ will
represent PBGC, or its interest, in the proceeding and PBGC determines
that the record is relevant and necessary to the proceeding and that
the use is compatible with the purpose for which PBGC collected the
information.
24. A record from this system of records may be disclosed to OMB in
connection with the review of private relief legislation as set forth
in OMB Circular No. A-19 at any stage of the legislative coordination
and clearance process as set forth in that Circular.
25. A record from this system of records may be disclosed to a
congressional office in response to an inquiry from the congressional
office made at the request of the individual.
26. A record from this system of records may be disclosed to
appropriate agencies, entities, and persons when (1) PBGC suspects or
has confirmed that there has been a breach of the system of records;
(2) PBGC has determined that as a result of the suspected or confirmed
breach there is a risk of harm to individuals, PBGC (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 PBGC's efforts to respond to the suspected or confirmed breach or
to prevent, minimize, or remedy such harm.
27. To contractors, experts, consultants, and the agents thereof,
and others performing or working on a contract, service, cooperative
agreement, or other assignment for PBGC when necessary to accomplish an
agency function. Individuals provided information under this routine
use are subject to the same Privacy Act requirements and limitations on
disclosure as are applicable to PBGC employees.
28. To the National Archives and Records Administration or to the
General Services Administration for records management inspections
conducted under 44 U.S.C. 2904 and 2906.
29. To any source from which information is requested in the course
of processing a grievance, investigation, arbitration, or other
litigation, to the extent necessary to identify the individual, inform
the source of the purpose(s) of the request, and identify the type of
information requested.
30. To disclose information to a federal agency, in response to its
request, in connection with hiring or retaining an employee, issuing a
security clearance, conducting a security or suitability investigation
of an individual, or classifying jobs, to the extent that the
information is relevant and necessary to the requesting agency's
decision on the matter.
31. To another federal agency or federal entity, when 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 agency (including its information systems,
programs, and operations), the Federal Government, or national
security.
32. To Another Agency or Non-Federal Entity in Connection with an
OIG Audit, Investigation, or Inspection: To another Federal agency or
non-Federal entity to compare such records in the agency's system of
records or to non-Federal records in coordination with the Office of
Inspector General conducting an audit, investigation, inspection, or
some other review as authorized by the Inspector General Act, as
amended.

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 or more of the following: name;
social security number; customer identification number; address; date
of birth; or date of death.

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 or to amend records pertaining to themselves in
accordance with 29 CFR 4902.5, should submit a written request to the
Disclosure Officer, PBGC, 445 12th Street SW, Washington, DC 20024-
2101, providing their name, address, date of birth, and verification of
their identity in accordance with 29 CFR 4902.3(c).

[[Page 73209]]

EXEMPTIONS PROMULGATED FOR THE SYSTEM:
None.

HISTORY:
PBGC-6, Plan Participant and Beneficiary Data (last published at 87
FR 79002 (Dec. 23, 2022)).

SYSTEM NAME AND NUMBER:
PBGC-8: Employee Relations Files.

SECURITY CLASSIFICATION:
Unclassified.

SYSTEM LOCATION:
Pension Benefit Guaranty Corporation (PBGC), 445 12th Street SW,
Washington, DC 20024-2101 (Records may be kept at an additional
location as backup for continuity of operations.)

SYSTEM MANAGER(S):
Director, Human Resources Department, PBGC, 445 12th Street SW,
Washington, DC 20024-2101.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
29 U.S.C. 1302; 44 U.S.C. 3101; 5 U.S.C. 301; 5 U.S.C. 7101; 42
U.S.C. 2000e et seq.

PURPOSE(S) OF THE SYSTEM:
The purpose of this system is to catalog, investigate, and
appropriately and timely respond to administrative and union grievances
and appeals filed by PBGC employees or the Union on behalf of an
employee pursuant to PBGC's Administrative Grievance Procedure and the
Collective Bargaining Agreement.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Current and former PBGC employees who have initiated grievances
under an administrative grievance procedure or under an applicable
collective bargaining agreement.

CATEGORIES OF RECORDS IN THE SYSTEM:
Administrative and union grievances submitted by PBGC employees or
the Union; agency responses to employees and Union grievances;
employees' appeals of responses to grievances; agency responses to such
appeals and related correspondence; investigative notes; records of
proceedings; appeal decisions; last chance, last rights, and settlement
agreements, and related information.

RECORD SOURCE CATEGORIES:
Subject individuals; subject individuals' supervisors, managers,
representatives or colleagues; PBGC Office of the General Counsel; PBGC
Human Resources Department staff; Department of Labor; Office of
Personnel Management; United States Office of Special Counsel; Federal
Labor Relations Authority; the Equal Employment Opportunity Commission;
the Merit Systems Protection Board; and other individuals with relevant
information.

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. 552a(b), and:
1. A record from this system of records may be disclosed to the
Office of Personnel Management, the Merit Systems Protection Board, the
Federal Labor Relations Authority, Office of Special Counsel, or the
Equal Employment Opportunity Commission to carry out their authorized
functions (under 5 U.S.C. 1103, 1204, 7105, and 42 U.S.C. 2000e-4, in
that order).
2. A record from this system may be disclosed to a union
representative, attorney, Hearing Examiner or Arbitrator for the
purpose of representation or in order to conduct a hearing in
connection with an employee's grievance or appeal.
3. A record from this system may be disclosed to law enforcement in
the event the record is connected to a violation or potential violation
of law, whether civil, criminal or regulatory in nature, and whether
arising by general statute, regulation, rule, or order issued pursuant
thereto. Such disclosure may be made to the appropriate agency, whether
Federal, state, local, or tribal, or other public authority responsible
for enforcing, investigating or prosecuting such violation or charged
with enforcing or implementing the statute, or rule, regulation, or
order issued pursuant thereto, if PBGC determines that the records are
both relevant and necessary to any enforcement, regulatory,
investigative or prospective responsibility of the receiving entity.
4. A record from this system of records may be disclosed to a
Federal, state, tribal or local agency or to another public or private
source maintaining civil, criminal, or other relevant enforcement
information or other pertinent information if, and to the extent
necessary, to obtain information relevant to a PBGC decision concerning
the hiring or retention of an employee, the retention of a security
clearance, or the letting of a contract.
5. With the approval of the Director, Human Resources Department
(or his or her designee), the fact that this system of records includes
information relevant to a Federal agency's decision in connection with
the hiring or retention of an employee, the retention of a security
clearance, the letting of a contract, or the issuance of a license,
grant, or other benefit may be disclosed to that Federal agency.
6. A record from this system of records may be disclosed in a
proceeding before a court or other adjudicative body in which PBGC, an
employee of PBGC in his or her official capacity, an employee of PBGC
in his or her individual capacity whom PBGC (or the Department of
Justice (DOJ)) has agreed to represent is a party, or the United States
or any other Federal agency is a party and PBGC determines that it has
an interest in the proceeding, and if PBGC determines that the record
is relevant and necessary to the litigation and that the use is
compatible with the purpose for which PBGC collected the information.
7. When PBGC, an employee of PBGC in his or her official capacity,
or an employee of PBGC in his or her individual capacity whom PBGC (or
DOJ) has agreed to represent is a party to a proceeding before a court
or other adjudicative body, or the United States or any other Federal
agency is a party and PBGC determines that it has an interest in the
proceeding, a record from this system of records may be disclosed to
DOJ if PBGC is consulting with DOJ regarding the proceeding or has
decided that DOJ will represent PBGC, or its interest, in the
proceeding and PBGC determines that the record is relevant and
necessary to the litigation and that the use is compatible with the
purpose for which PBGC collected the information.
8. A record from this system of records may be disclosed to OMB in
connection with the review of private relief legislation as set forth
in OMB Circular No. A-19 at any stage of the legislative coordination
and clearance process as set forth in that Circular.
9. A record from this system of records may be disclosed to a
congressional office in response to an inquiry from the congressional
office made at the request of the individual.
10. A record from this system of records may be disclosed to an
official

[[Page 73210]]

of a labor organization recognized under 5 U.S.C. ch. 71 when necessary
for the labor organization to properly perform its duties as the
collective bargaining representative of PBGC employees in the
bargaining unit.
11. A record from this system of records may be disclosed to
appropriate agencies, entities, and persons when (1) PBGC suspects or
has confirmed that there has been a breach of the system of records;
(2) PBGC has determined that as a result of the suspected or confirmed
breach there is a risk of harm to individuals, PBGC (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 PBGC's efforts to respond to the suspected or confirmed breach or
to prevent, minimize, or remedy such harm.
12. To contractors, experts, consultants, and the agents thereof,
and others performing or working on a contract, service, cooperative
agreement, or other assignment for PBGC when necessary to accomplish an
agency function. Individuals provided information under this routine
use are subject to the same Privacy Act requirements and limitations on
disclosure as are applicable to PBGC employees.
13. To the National Archives and Records Administration or to the
General Services Administration for records management inspections
conducted under 44 U.S.C. 2904 and 2906.
14. To disclose information to a Federal agency, in response to its
request, in connection with hiring or retaining an employee, issuing a
security clearance, conducting a security or suitability investigation
of an individual, or classifying jobs, to the extent that the
information is relevant and necessary to the requesting agency's
decision on the matter.
15. To another Federal agency or non-Federal entity to compare such
records in the agency's system of records or to non-Federal records in
coordination with the Office of Inspector General conducting an audit,
investigation, inspection, or some other review as authorized by the
Inspector General Act, as amended.
16. To another Federal agency or Federal entity, when 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 agency (including its information systems,
programs, and operations), the Federal Government, or national
security.

POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
Records are retrieved by employee name or social security number.
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
participant systems and will be maintained in accordance with PBGC
Records Schedule Item 1.2: Administrative Records.

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.

EXEMPTIONS PROMULGATED FOR THE SYSTEM:
None.

HISTORY:
PBGC-8, Employee Relations Files (last published at 83 FR 6258
(Feb. 13, 2018)).

SYSTEM NAME AND NUMBER:
PBGC-9: Unclaimed Retirement Funds.

SECURITY CLASSIFICATION:
Unclassified.

SYSTEM LOCATION:
Pension Benefit Guaranty Corporation (PBGC), 445 12th Street SW,
Washington, DC 20024-2101 and paying agent worksites. (Records may be
kept at an additional location as backup for continuity of operations.)

SYSTEM MANAGER(S):
Chief of Benefits Administration, Office of Benefits
Administration, PBGC, 445 12th Street SW, Washington, DC 20024-2101.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
29 U.S.C. 1055, 1056(d)(3), 1302, 1321, 1322, 1322a, 1341, 1342,
and 1350; 29 U.S.C. 1203; 44 U.S.C. 3101; 5 U.S.C. 301.

PURPOSE(S) OF THE SYSTEM:
This system of records is maintained to locate participants,
alternate payees,

[[Page 73211]]

and beneficiaries of defined benefit and defined contribution plan
funds who may be owed benefits as the result of a terminated plan or
defined contribution plan whose funds are held under the control or
authority of PBGC, and to provide information on insurance companies to
individuals who may have had annuities purchased for them by a
terminated plan.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Participants, alternate payees, and beneficiaries in defined
benefit plans and defined contribution plans.

CATEGORIES OF RECORDS IN THE SYSTEM:
Names; dates of birth and death; social security numbers;
addresses; email addresses; telephone numbers; names of plan sponsor;
names of defined benefit and defined contribution plans; plan numbers
for defined benefit and defined contribution plans; employment history;
pay status; amount of benefit owed; last known address of the plan
sponsor and plan sponsor EIN/PN.

RECORD SOURCE CATEGORIES:
PBGC-6; the SSA; the FAA; the IRS; other Federal agencies; plan
administrators; plan sponsors; insurance companies; labor organization
officials; firms or agencies providing locator services; USPS
licensees; and any other individual that provides PBGC with information
regarding a missing participant, beneficiary, or alternate payee.

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. 552a(b), and:
1. Names and social security numbers of plan participants,
beneficiaries, and alternate payees may be disclosed to the Internal
Revenue Service (IRS) to obtain current addresses from tax return
information and to the Social Security Administration (SSA) to obtain
current addresses. Such information will be disclosed only if PBGC has
no address for an individual or if mail sent to the individual at the
last known address is returned as undeliverable.
2. Names and last known addresses may be disclosed to an official
of a labor organization recognized as the collective bargaining
representative of participants for posting in union halls or for other
means of publication to obtain current addresses of participants and
beneficiaries. Such information will be disclosed only if PBGC has no
address for an individual, if mail sent to the individual at the last
known address is returned as undeliverable, or PBGC is unable to make
benefit payments to those participants, beneficiaries, and alternate
payees because the address on file is unable to be confirmed as current
or correct or if PBGC has been otherwise unsuccessful at contacting the
individual.
3. Names, social security numbers, last known addresses, dates of
birth and death, amount of benefit, retirement plan name, plan EIN/PN
number, name of plan sponsor, and the city and state of the plan
sponsor may be disclosed to private firms and agencies that provide
locator services, including credit reporting agencies and debt
collection firms or agencies, to locate participants, beneficiaries,
and alternate payees. Such information will be disclosed only if PBGC
has no address for an individual, if mail sent to the individual at the
last known address is returned as undeliverable, if PBGC has no address
for an individual, if mail sent to the individual at the last known
address is returned as undeliverable, or if PBGC has been otherwise
unsuccessful at contacting the individual or if PBGC is unable to make
benefit payments to those participants, beneficiaries, and alternate
payees because the address on file is unable to be confirmed as current
or correct or if PBGC has been otherwise unsuccessful at contacting the
individual. Disclosure may be made only under a contract that subjects
the firm or agency providing the service and its employees and
contractors to the civil and criminal penalties of the Privacy Act. The
information so disclosed will be used exclusively pursuant to the terms
and conditions of such contract and must be used solely for the
purposes prescribed therein. The contract must provide that the
information so disclosed will be returned or destroyed at the
conclusion of the locating effort.
4. Names and addresses may be disclosed to licensees of the United
States Postal Service (USPS) to obtain current addresses under the
USPS's National Change of Address Linkage System (NCOA). Disclosure may
be made only under a contract that binds the licensee of the Postal
Service and its employees to the civil and criminal penalties of the
Privacy Act. The contract must provide that the records disclosed by
PBGC will be used exclusively for updating addresses under NCOA and
must be returned to PBGC or destroyed when the process is completed.
The records will be exchanged electronically in an encrypted format.
5. Names and last known addresses may be disclosed to other
participants in, and beneficiaries under, a retirement plan to obtain
the current addresses of individuals. Such information will be
disclosed only if PBGC has no address for an individual or if mail sent
to the individual at the last known address is returned as
undeliverable.
6. Names of participants and beneficiaries, names and addresses of
participants' former employers, and the plan name may be disclosed to
the public to obtain the current addresses for participants,
beneficiaries, and alternate payees. Should PBGC disclose information
under this routine use, it may be disclosed to the public by publishing
on PBGC.GOV website when PBGC is unable to make benefit payments to
those participants, beneficiaries, and alternate payees because the
address on file is unable to be confirmed as current or correct.
7. Names, social security numbers, last known addresses, dates of
birth and death, employment history, and pay status of individuals
covered by legal settlement agreements involving PBGC may be disclosed
to entities covered by or created under those agreements.
8. Names, social security numbers, last known addresses, dates of
birth, and benefit amounts owed may be disclosed to other government
agencies under a Memorandum of Understanding or an Interagency
Agreement in order to locate missing participants.
9. Names, social security numbers, dates of birth and death, name
of plan sponsors, plan sponsor EIN/PN may be periodically disclosed to
insurance companies where annuities have been purchased by a terminated
plan.
10. A record from this system may be disclosed to law enforcement
in the event the record is connected to a violation or potential
violation of law, whether civil, criminal or regulatory in nature, and
whether arising by general statute, regulation, rule, or order issued
pursuant thereto. Such disclosure may be made to the appropriate
agency, whether federal, state, local, or tribal, or other public
authority responsible for enforcing, investigating or prosecuting such
violation or charged with enforcing or implementing the statute, or
rule, regulation, or order issued pursuant thereto, if PBGC determines
that the records are both relevant and necessary to any enforcement,
regulatory, investigative or prospective responsibility of the
receiving entity.
11. A record from this system of records may be disclosed in a
proceeding before a court or other adjudicative body in which PBGC, an
employee of PBGC in his or her official

[[Page 73212]]

capacity, an employee of PBGC in his or her individual capacity whom
PBGC (or the Department of Justice (DOJ)) has agreed to represent is a
party, or the United States or any other federal agency is a party and
PBGC determines that it has an interest in the proceeding, and if PBGC
determines that the record is relevant and necessary to the proceeding
and that the use is compatible with the purpose for which PBGC
collected the information.
12. When PBGC, an employee of PBGC in his or her official capacity,
or an employee of PBGC in his or her individual capacity whom PBGC (or
DOJ) has agreed to represent is a party to a proceeding before a court
or other adjudicative body, or the United States or any other federal
agency is a party and PBGC determines that it has an interest in the
proceeding, a record from this system of records may be disclosed to
DOJ if PBGC is consulting with DOJ regarding the proceeding or has
decided that DOJ will represent PBGC, or its interest, in the
proceeding and PBGC determines that the record is relevant and
necessary to the proceeding and that the use is compatible with the
purpose for which PBGC collected the information.
13. A record from this system of records may be disclosed to OMB in
connection with the review of private relief legislation as set forth
in OMB Circular No. A-19 at any stage of the legislative coordination
and clearance process as set forth in that Circular.
14. A record from this system of records may be disclosed to a
congressional office in response to an inquiry from the congressional
office made at the request of the individual.
15. A record from this system of records may be disclosed to
appropriate agencies, entities, and persons when (1) PBGC suspects or
has confirmed that there has been a breach of the system of records;
(2) PBGC has determined that as a result of the suspected or confirmed
breach there is a risk of harm to individuals, PBGC (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 PBGC's efforts to respond to the suspected or confirmed breach or
to prevent, minimize, or remedy such harm.
16. To contractors, experts, consultants, and the agents thereof,
and others performing or working on a contract, service, cooperative
agreement, or other assignment for PBGC when necessary to accomplish an
agency function. Individuals provided information under this routine
use are subject to the same Privacy Act requirements and limitations on
disclosure as are applicable to PBGC employees.
17. To the National Archives and Records Administration or to the
General Services Administration for records management inspections
conducted under 44 U.S.C. 2904 and 2906.
18. To disclose information to a federal agency, in response to its
request, in connection with hiring or retaining an employee, issuing a
security clearance, conducting a security or suitability investigation
of an individual, or classifying jobs, to the extent that the
information is relevant and necessary to the requesting agency's
decision on the matter.
19. To another federal agency or federal entity, when 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 agency (including its information systems,
programs, and operations), the Federal Government, or national
security.
20. To Another Agency or Non-Federal Entity in Connection with an
OIG Audit, Investigation, or Inspection: To another Federal agency or
non-Federal entity to compare such records in the agency's system of
records or to non-Federal records in coordination with the Office of
Inspector General conducting an audit, investigation, inspection, or
some other review as authorized by the Inspector General Act, as
amended.

POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
Records are retrieved by employee name, social security number and/
or date of birth.

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

[[Page 73213]]

written request to the Disclosure Officer, PBGC, 445 12th Street SW,
Washington, DC 20024-2101, 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:
PBGC-9, Unclaimed Pensions (amended to Unclaimed Retirement Funds)
(last published at 83 FR 6256 (Feb. 13, 2018)).

SYSTEM NAME AND NUMBER:
PBGC-10: Administrative Appeals Files.

SECURITY CLASSIFICATION:
Unclassified.

SYSTEM LOCATION:
Pension Benefit Guaranty Corporation (PBGC), 445 12th Street SW,
Washington, DC 20024-2101. (Records may be kept at an additional
location as backup for continuity of operations.)

SYSTEM MANAGER(S):
Manager of the Appeals Division, Office of the General Counsel,
PBGC, 445 12th Street SW, Washington, DC 20024-2101.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
29 U.S.C. 1302; 44 U.S.C. 3101; 5 U.S.C. 301; 29 U.S.C. ch. 18; 29
CFR 4003.

PURPOSE(S) OF THE SYSTEM:
The purpose of this system is to catalog, review, and respond to
administrative appeals of PBGC determinations (such as plan, benefit,
qualified domestic relations order, payment, and liability
determinations) by plan participants, beneficiaries and employers.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Individuals who file administrative appeals with the PBGC Appeals
Board.

CATEGORIES OF RECORDS IN THE SYSTEM:
Personal information (such as names, addresses, social security
numbers, gender, dates of birth, dates of hire and termination, salary,
marital status, marriage certificates, birth certificates, domestic
relations orders, medical records); employment and pension plan
information (such as the name of the pension plan, plan number, dates
of commencement of plan participation or employment, statements
regarding employment, dates of termination of plan participation or
retirement, benefit payment data, benefit election forms and data on
beneficiaries, pay status, calculations of benefit amounts,
calculations of amounts subject to recoupment and/or recovery, and
worker's compensation awards); Social Security Administration (SSA)
information; insurance claims and awards; correspondence; and other
information relating to appeals and initial and final PBGC
determinations.

RECORD SOURCE CATEGORIES:
Subject individuals; participants, beneficiaries, or alternate
payees; attorney or other authorized representative; plan
administrators, plan actuaries, paying agents, purchased annuity
providers, contributing sponsors (or other employer who maintained the
plan, which may include any predecessor, successor, or member of the
same control group); the labor organization recognized as the
collective bargaining representative of a participant; SSA; other
individuals who possess relevant records; and any third party affected
by the decision.

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. 552a(b), and:
1. A record from this system may be disclosed to third parties who
may be aggrieved by the decision of the Appeals Board under 29 CFR
4003.57.
2. A record from this system may be disclosed, upon request, to an
attorney representative or a non-attorney representative who has a
power of attorney for the subject individuals, under 29 CFR 4003.6.
3. A record from this system may be disclosed to third parties,
such as banks, insurance companies, and trustees, to effectuate benefit
payments to plan participants, beneficiaries, and/or alternate payees.
4. A record from this system may be disclosed to third parties,
such as contractors and expert witnesses, to obtain expert analysis of
an issue necessary to resolve an appeal.
5. A record from this system, specifically, the name and social
security number of a participant, may be disclosed to an official of a
labor organization recognized as the collective bargaining
representative of the participant to obtain information relevant to the
resolution of an appeal.
6. A record from this system may be disclosed to a consumer
reporting agency in accordance with 31 U.S.C. 3711(e).
7. A record from this system may be disclosed to law enforcement in
the event the record is connected to a violation or potential violation
of law, whether civil, criminal or regulatory in nature, and whether
arising by general statute, regulation, rule, or order issued pursuant
thereto. Such disclosure may be made to the appropriate agency, whether
Federal, state, local, or tribal, or other public authority responsible
for enforcing, investigating or prosecuting such violation or charged
with enforcing or implementing the statute, or rule, regulation, or
order issued pursuant thereto, if PBGC determines that the records are
both relevant and necessary to any enforcement, regulatory,
investigative or prospective responsibility of the receiving entity.
8. A record from this system of records may be disclosed in a
proceeding before a court or other adjudicative body in which PBGC, an
employee of PBGC in his or her official capacity, an employee of PBGC
in his or her individual capacity whom PBGC (or the Department of
Justice (DOJ)) has agreed to represent is a party, or the United States
or any other Federal agency is a party and PBGC determines that it has
an interest in the proceeding, and if PBGC determines that the record
is relevant and necessary to the litigation and that the use is
compatible with the purpose for which PBGC collected the information.
9. When PBGC, an employee of PBGC in his or her official capacity,
or an employee of PBGC in his or her individual capacity whom PBGC (or
DOJ) has agreed to represent is a party to a proceeding before a court
or other adjudicative body, or the United States or any other Federal
agency is a party and PBGC determines that it has an interest in the
proceeding, a record from this system of records may be disclosed to
DOJ if PBGC is consulting with DOJ regarding the proceeding or has
decided that DOJ will represent PBGC, or its interest, in the
proceeding and PBGC determines that the record is relevant and
necessary to the litigation and that the use is compatible with the
purpose for which PBGC collected the information.
10. A record from this system of records may be disclosed to OMB in
connection with the review of private relief legislation as set forth
in OMB Circular No. A-19 at any stage of the legislative coordination
and clearance process as set forth in that Circular.
11. A record from this system of records may be disclosed to a
congressional office in response to an inquiry from the congressional
office made at the request of the individual.
12. A record from this system of records may be disclosed to an
official

[[Page 73214]]

of a labor organization recognized under 5 U.S.C. ch. 71 when necessary
for the labor organization to properly perform its duties as the
collective bargaining representative of PBGC employees in the
bargaining unit.
13. A record from this system of records may be disclosed to
appropriate agencies, entities, and persons when (1) PBGC suspects or
has confirmed that there has been a breach of the system of records;
(2) PBGC has determined that as a result of the suspected or confirmed
breach there is a risk of harm to individuals, PBGC (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 PBGC's efforts to respond to the suspected or confirmed breach or
to prevent, minimize, or remedy such harm
14. To contractors, experts, consultants, and the agents thereof,
and others performing or working on a contract, service, cooperative
agreement, or other assignment for PBGC when necessary to accomplish an
agency function. Individuals provided information under this routine
use are subject to the same Privacy Act requirements and limitations on
disclosure as are applicable to PBGC employees.
15. To the National Archives and Records Administration or to the
General Services Administration for records management inspections
conducted under 44 U.S.C. 2904 and 2906.
16. To any source from which information is requested in the course
of processing a grievance, investigation, arbitration, or other
litigation, to the extent necessary to identify the individual, inform
the source of the purpose(s) of the request, and identify the type of
information requested.
17. To disclose information to a Federal agency, in response to its
request, in connection with hiring or retaining an employee, issuing a
security clearance, conducting a security or suitability investigation
of an individual, or classifying jobs, to the extent that the
information is relevant and necessary to the requesting agency's
decision on the matter.
18. To another Federal agency or Federal entity, when 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 agency (including its information systems,
programs, and operations), the Federal Government, or national
security.
19. To another Federal agency or non-Federal entity to compare such
records in the agency's system of records or to non-Federal records in
coordination with the Office of Inspector General conducting an audit,
investigation, inspection, or some other review as authorized by the
Inspector General Act, as amended.

POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
Records are retrieved by any one or more of the following:
participant, beneficiary, and/or alternate payee's name, social
security number, or PBGC customer identification number; plan name;
appeal number; or extension request number.
Electronic records are stored on computer networks, which may
include cloud-based systems, and protected by controlled access with
Personal Identity Verification (PIV) cards, assigning user accounts to
individuals needing access to the records and by passwords set by
authorized users that must be changed periodically.

EXEMPTIONS PROMULGATED FOR THE SYSTEM:
None.

HISTORY:
PBGC-10, Administrative Appeals Files (last published at 83 FR 6260
(Feb. 13, 2018)).

SYSTEM NAME AND NUMBER:
PBGC-11: Call Detail Records.

SECURITY CLASSIFICATION:
Unclassified.

SYSTEM LOCATION:
Pension Benefit Guaranty Corporation (PBGC), 445 12th Street SW,
Washington, DC 20024-2101. (Records may be kept at an additional
location as backup for continuity of operations.)

[[Page 73215]]

SYSTEM MANAGER(S):
Chief Information Officer, Office of Information Technology, PBGC,
445 12th Street SW, Washington, DC 20024-2101.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
29 U.S.C. 1302; 44 U.S.C. 3101; 5 U.S.C. 301.

PURPOSE(S) OF THE SYSTEM:
This system of records is used for Office of the Inspector General
investigations and other special investigation requests.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
PBGC employees, contractors, students and interns.

CATEGORIES OF RECORDS IN THE SYSTEM:
Records relating to the use of PBGC-issued communications devices
or communications software on PBGC-issued computers, portable
electronic devices, or desktop telephones, used to send communications
internally within or externally from PBGC and used to receive
communications internally within or externally from PBGC, and records
indicating the assignment of PBGC-issued communications devices or
communications software to PBGC employees.

RECORD SOURCE CATEGORIES:
Assignment records for PBGC-issued communications devices or
communications software on PBGC-issued computers, portable electronic
devices, or desktop telephones.

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. 552a(b), and:
1. A record from this system may be disclosed to law enforcement in
the event the record is connected to a violation or potential violation
of law, whether civil, criminal or regulatory in nature, and whether
arising by general statute, regulation, rule, or order issued pursuant
thereto. Such disclosure may be made to the appropriate agency, whether
Federal, state, local, or tribal, or other public authority responsible
for enforcing, investigating or prosecuting such violation or charged
with enforcing or implementing the statute, or rule, regulation, or
order issued pursuant thereto, if PBGC determines that the records are
both relevant and necessary to any enforcement, regulatory,
investigative or prospective responsibility of the receiving entity.
2. With the approval of the Director, Human Resources Department
(or his or her designee), the fact that this system of records includes
information relevant to a Federal agency's decision in connection with
the hiring or retention of an employee, the retention of a security
clearance, the letting of a contract, or the issuance of a license,
grant, or other benefit may be disclosed to that Federal agency.
3. A record from this system of records may be disclosed in a
proceeding before a court or other adjudicative body in which PBGC, an
employee of PBGC in his or her official capacity, an employee of PBGC
in his or her individual capacity whom PBGC (or the Department of
Justice (DOJ)) has agreed to represent is a party, or the United States
or any other Federal agency is a party and PBGC determines that it has
an interest in the proceeding, and if PBGC determines that the record
is relevant and necessary to the litigation and that the use is
compatible with the purpose for which PBGC collected the information.
4. When PBGC, an employee of PBGC in his or her official capacity,
or an employee of PBGC in his or her individual capacity whom PBGC (or
DOJ) has agreed to represent is a party to a proceeding before a court
or other adjudicative body, or the United States or any other Federal
agency is a party and PBGC determines that it has an interest in the
proceeding, a record from this system of records may be disclosed to
DOJ if PBGC is consulting with DOJ regarding the proceeding or has
decided that DOJ will represent PBGC, or its interest, in the
proceeding and PBGC determines that the record is relevant and
necessary to the litigation and that the use is compatible with the
purpose for which PBGC collected the information.
5. A record from this system of records may be disclosed to a
congressional office in response to an inquiry from the congressional
office made at the request of the individual.
6. A record from this system of records may be disclosed to an
official of a labor organization recognized under 5 U.S.C. ch. 71 when
necessary for the labor organization to properly perform its duties as
the collective bargaining representative of PBGC employees in the
bargaining unit.
7. A record from this system of records may be disclosed to
appropriate agencies, entities, and persons when (1) PBGC suspects or
has confirmed that there has been a breach of the system of records;
(2) PBGC has determined that as a result of the suspected or confirmed
breach there is a risk of harm to individuals, PBGC (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 PBGC's efforts to respond to the suspected or confirmed breach or
to prevent, minimize, or remedy such harm.
8. To contractors, experts, consultants, and the agents thereof,
and others performing or working on a contract, service, cooperative
agreement, or other assignment for PBGC when necessary to accomplish an
agency function. Individuals provided information under this routine
use are subject to the same Privacy Act requirements and limitations on
disclosure as are applicable to PBGC employees.
9. To the National Archives and Records Administration or to the
General Services Administration for records management inspections
conducted under 44 U.S.C. 2904 and 2906.
10. To any source from which information is requested in the course
of processing a grievance, investigation, arbitration, or other
litigation, to the extent necessary to identify the individual, inform
the source of the purpose(s) of the request, and identify the type of
information requested.
11. To disclose information to a Federal agency, in response to its
request, in connection with hiring or retaining an employee, issuing a
security clearance, conducting a security or suitability investigation
of an individual, or classifying jobs, to the extent that the
information is relevant and necessary to the requesting agency's
decision on the matter.
12. To another Federal agency or Federal entity, when 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 agency (including its information systems,
programs, and operations), the Federal Government, or national
security.
13. To another Federal agency or non-Federal entity to compare such
records in the agency's system of records or to non-Federal records in
coordination with the Office of Inspector General conducting an audit,
investigation, inspection, or some other review as authorized by the
Inspector General Act, as amended.

[[Page 73216]]

POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
Records are maintained in 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 or more of the following: name of
employee or contractor; telephone extension number; PBGC-issued
portable electronic device number; or telephone number called.

EXEMPTIONS PROMULGATED FOR THE SYSTEM:
None.

HISTORY:
PBGC-11, Call Detail Records (last published at 83 FR 6261 (Feb.
13, 2018)).

SYSTEM NAME AND NUMBER:
PBGC-12: Personnel Security Investigation Records.

SECURITY CLASSIFICATION:
Unclassified.

SYSTEM LOCATION:
Pension Benefit Guaranty Corporation (PBGC), 445 12th Street SW,
Washington, DC 20024-2101 (Records may be kept at an additional
location as backup for continuity of operations.)

SYSTEM MANAGER(S):
Department Director, Information Technology Infrastructure
Operations Department, PBGC, 445 12th Street SW, Washington, DC 20024-
2101.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
29 U.S.C. 1302; 5 U.S.C. 3301; 44 U.S.C. 3101; Executive Order
10577; Executive Order 12968; Executive Order 13467; Executive Order
13488; 5 CFR 5.2; 5 CFR 731, 732 and 736; 5 CFR 1400; OMB Circular No.
A-130 Revised; Federal Information Processing Standard 201; Homeland
Security Presidential Directive 12.

PURPOSE(S) OF THE SYSTEM:
The records in this system of records are used to document and
support decisions as to the suitability, eligibility, and fitness for
service of applicants for Federal employment and contract positions,
and may include students, interns, or vendors to the extent their
duties require access to Federal facilities, information, information
systems, or applications.
The records may also be used to help streamline and make the
background suitability investigations and adjudications processes more
efficient.
The records additionally may be used for insider threat
investigations, to document security violations and supervisory actions
taken in response to such violations, and to support PBGC's
participation in continuous vetting processes that conduct automated
database checks.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Current and former applicants, employees, students, interns,
government contractors, experts, instructors, vendors, and consultants
to Federal programs who undergo a personnel background investigation to
determining suitability for employment, contractor employee fitness,
credentialing for Homeland Security Presidential Directive 12, and/or
access to PBGG facilities or information technology system. Individuals
who have corresponded with PBGC regarding personnel security
investigations. This system also includes individuals accused of or
found in violation of PBGC's security rules and regulations.

CATEGORIES OF RECORDS IN THE SYSTEM:
Name; former names; date and place of birth; home address; email
address; phone numbers; employment history; residential history;
education and degrees; citizenship; passport information; name, date
and place of birth, social security number, and citizenship information
for spouse or cohabitant; the name and marriage information for current
and former spouse(s) or domestic partner, names of associates and
references and their contact information; names, dates and places of
birth, citizenship, and addresses of relatives; names of relatives who
work for the Federal government; information on foreign contacts and
activities; association records; information on loyalty to the United
States; criminal history; mental health history; drug use; financial
information; photographs; personal identity verification (PIV) card
information; information from the Internal Revenue

[[Page 73217]]

Service (IRS) pertaining to income tax returns; credit reports;
information pertaining to security clearances; other agency reports
furnished to PBGC in connection with the background investigation
process; summaries of personal and third party interviews conducted
during the background investigation; results of suitability decisions;
and additional records developed from records above.
Records pertaining to security violations may contain information
pertaining to circumstances of the violation; witness statements;
investigator's notes; and documentation of agency action taken in
response to security violations.

RECORD SOURCE CATEGORIES:
Questionnaires for national security, public trust, or non-
sensitive positions; information from personal interviews with the
applicant and various individuals, such as former employers,
references, neighbors, and other associates who may have information
about the subject of the investigation; investigative records and
notices of personnel actions furnished by other Federal agencies;
public records such as court filings; publications such as newspapers,
magazines, and periodicals; tax records; educational institutions;
police departments; credit bureaus; probation officials; prison
officials; and medical professionals.

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. 552a(b), and:
1. A record, from which information is requested during an
investigation or during continuous monitoring of investigations from
this system, may be disclosed to an authorized source (i.e., someone
who has the legal authority to request such information, such as an
investigator from the Federal agency conducting background
investigations, or the Office of the Inspector General) to the extent
necessary to identify the individual, inform the source of the nature
and purpose of the investigation, or identify the type of information
requested.
2. A record from this system of records may be disclosed to the
Federal agency conducting background investigations, the Office of
Personnel Management, the Merit Systems Protection Board, the Federal
Labor Relations Authority, or the Equal Employment Opportunity
Commission to carry out its respective authorized functions (under 5
U.S.C. 1204, and 7105, and 42 U.S.C. 2000e-4).
3. To designated officers and employees of agencies, offices, and
other establishments in the executive, legislative, and judicial
branches of the Federal Government, having a need to evaluate
qualifications, suitability, and loyalty to the United States
Government and/or a security clearance or access determination.
4. To designated officers and employees of agencies, offices, and
other establishments in the executive, legislative, and judicial
branches of the Federal Government, when such agency, office, or
establishment investigates an individual for purposes of granting a
security clearance, or for the purpose of making a determination of
qualifications, suitability, or loyalty to the United States
Government, or access to classified information or restricted areas.
5. To designated officers and employees of agencies, offices, and
other establishments in the executive, judicial, or legislative
branches of the Federal Government, having the responsibility to grant
clearances to make a determination regarding access to classified
information or restricted areas, or to evaluate qualifications,
suitability, or loyalty to the United States Government, in connection
with performance of a service to the Federal Government under a
contract or other agreement.
6. To U.S. intelligence agencies for use in intelligence
activities.
7. To the appropriate Federal, state, tribal, local, or other
public authority responsible for investigating, prosecuting, enforcing,
or implementing a statute, rule, regulation, or order where OPM becomes
aware of an indication of a violation or potential violation of civil
or criminal law or regulation.
8. To an agency, office, or other establishment in the executive,
legislative, or judicial branches of the Federal Government, in
response to its request, in connection with the hiring or retention of
an employee, the issuance of a security clearance, the conducting of a
security or suitability investigation of an individual, the classifying
of jobs, the letting of a contract, or the issuance of a license,
grant, or other benefit by the requesting agency, to the extent that
the information is relevant and necessary to the requesting agency's
decision on the matter.
9. 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 request of that individual. However, to the extent
these records may reveal the identity of an individual who has provided
information pertaining to the investigation, the investigative file, or
the parts thereof, are exempt from release. Further, requests for
records contained in this system will be referred to the Federal agency
conducting background investigations.
10. To disclose information to contractors, experts, consultants,
or students performing or working on a contract, service, or job for
PBGC.
11. To disclose results of investigations or individuals records to
agencies, such as the Department of Labor, providing adjudicative
support services to PBGC.
12. To provide criminal history record information to the FBI, to
help ensure the accuracy and completeness of FBI and PBGC records.
13. To provide information to PBGC's Insider Threat program in
conjunction with determining the severity of the risk, if any, posed by
an employee or contractor.
14. A record from this system may be disclosed to law enforcement
in the event the record is connected to a violation or potential
violation of law, whether civil, criminal or regulatory in nature, and
whether arising by general statute, regulation, rule, or order issued
pursuant thereto. Such disclosure may be made to the appropriate
agency, whether federal, state, local, or tribal, or other public
authority responsible for enforcing, investigating or prosecuting such
violation or charged with enforcing or implementing the statute, or
rule, regulation, or order issued pursuant thereto, if PBGC determines
that the records are both relevant and necessary to any enforcement,
regulatory, investigative or prospective responsibility of the
receiving entity.
15. A record from this system of records may be disclosed to a
federal, state, tribal or local agency or to another public or private
source maintaining civil, criminal, or other relevant enforcement
information or other pertinent information if, and to the extent
necessary, to obtain information relevant to a PBGC decision concerning
the hiring or retention of an employee, the retention of a security
clearance, or the letting of a contract.
16. With the approval of the Director, Human Resources Department
(or his or her designee), the fact that this system of records includes
information relevant to a federal agency's decision in connection with
the hiring or retention of an employee, the retention of a security
clearance, the letting of a contract, or the issuance of a license,

[[Page 73218]]

grant, or other benefit may be disclosed to that federal agency.
17. A record from this system of records may be disclosed in a
proceeding before a court or other adjudicative body in which PBGC, an
employee of PBGC in his or her official capacity, an employee of PBGC
in his or her individual capacity whom PBGC (or the Department of
Justice (DOJ)) has agreed to represent is a party, or the United States
or any other federal agency is a party and PBGC determines that it has
an interest in the proceeding, and if PBGC determines that the record
is relevant and necessary to the proceeding and that the use is
compatible with the purpose for which PBGC collected the information.
18. When PBGC, an employee of PBGC in his or her official capacity,
or an employee of PBGC in his or her individual capacity whom PBGC (or
DOJ) has agreed to represent is a party to a proceeding before a court
or other adjudicative body, or the United States or any other federal
agency is a party and PBGC determines that it has an interest in the
proceeding, a record from this system of records may be disclosed to
DOJ if PBGC is consulting with DOJ regarding the proceeding or has
decided that DOJ will represent PBGC, or its interest, in the
proceeding and PBGC determines that the record is relevant and
necessary to the proceeding and that the use is compatible with the
purpose for which PBGC collected the information.
19. A record from this system of records may be disclosed to OMB in
connection with the review of private relief legislation as set forth
in OMB Circular No. A-19 at any stage of the legislative coordination
and clearance process as set forth in that Circular.
20. A record from this system of records may be disclosed to a
congressional office in response to an inquiry from the congressional
office made at the request of the individual.
21. A record from this system of records may be disclosed to an
official of a labor organization recognized under 5 U.S.C. ch. 71 when
necessary for the labor organization to properly perform its duties as
the collective bargaining representative of PBGC employees in the
bargaining unit.
22. A record from this system of records may be disclosed to
appropriate agencies, entities, and persons when (1) PBGC suspects or
has confirmed that there has been a breach of the system of records;
(2) PBGC has determined that as a result of the suspected or confirmed
breach there is a risk of harm to individuals, PBGC (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 PBGC's efforts to respond to the suspected or confirmed breach or
to prevent, minimize, or remedy such harm.
23. To contractors, experts, consultants, and the agents thereof,
and others performing or working on a contract, service, cooperative
agreement, or other assignment for PBGC when necessary to accomplish an
agency function. Individuals provided information under this routine
use are subject to the same Privacy Act requirements and limitations on
disclosure as are applicable to PBGC employees.
24. To the National Archives and Records Administration or to the
General Services Administration for records management inspections
conducted under 44 U.S.C. 2904 and 2906.
25. To any source from which information is requested in the course
of processing a grievance, investigation, arbitration, or other
litigation, to the extent necessary to identify the individual, inform
the source of the purpose(s) of the request, and identify the type of
information requested.
26. To disclose information to a federal agency, in response to its
request, in connection with hiring or retaining an employee, issuing a
security clearance, conducting a security or suitability investigation
of an individual, or classifying jobs, to the extent that the
information is relevant and necessary to the requesting agency's
decision on the matter.
27. To another federal agency or federal entity, when 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 agency (including its information systems,
programs, and operations), the Federal Government, or national
security.
28. To Another Agency or Non-Federal Entity in Connection with an
OIG Audit, Investigation, or Inspection: To another Federal agency or
non-Federal entity to compare such records in the agency's system of
records or to non-Federal records in coordination with the Office of
Inspector General conducting an audit, investigation, inspection, or
some other review as authorized by the Inspector General Act, as
amended.

POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
Records are retrieved by any one or more of the following: name;
social security number; unique case serial number; or other unique
identifier.

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

[[Page 73219]]

4902.4, should submit a written request to the Disclosure Officer,
PBGC, 445 12th Street SW, Washington, DC 20024-2101, 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:
Pursuant to 5 U.S.C. 552a(k)(2), records in this system are exempt
from the requirements of subsections (c)(3), (d), (e)(1), (e)(4) (G),
(H), (I), and (f) of 5 U.S.C. 552a, provided, however, that if any
individual is denied any right, privilege, or benefit that he or she
would otherwise be entitled to by Federal law, or for which he or she
would otherwise be eligible, as a result of the maintenance of these
records, such material will be provided to the individual, except to
the extent that the disclosure of the material would reveal the
identity of a source who furnished information to the Government with
an express promise that the identity of the source would be held in
confidence.

HISTORY:
PBGC-12, Personnel Security Investigation Records (last published
at 83 FR 6262 (Feb. 13, 2018)).

SYSTEM NAME AND NUMBER:
PBGC-13: Debt Collection

SECURITY CLASSIFICATION:
Unclassified

SYSTEM LOCATION:
Pension Benefit Guaranty Corporation (PBGC), 445 12th Street SW,
Washington, DC 20024-2101 and/or plan administrator worksites, and
paying agents worksites. (Records may be kept at an additional location
as backup for continuity of operations.)

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
29 U.S.C. 1302; 31 U.S.C. 3711(a); 44 U.S.C. 3101; 5 U.S.C. 301;
Executive Order 13019.

PURPOSE(S) OF THE SYSTEM:
This system of records is maintained for the purpose of collecting
debts owed to PBGC by various individuals, including, but not limited
to, pension plans and/or sponsors owing insurance premiums, interest
and penalties; PBGC employees and former employees; consultants and
vendors; participants, alternate payees, and beneficiaries in
retirement plans coming under the control or authority of PBGC; and
individuals who received payments from PBGC to which they are not
entitled. This system facilitates PBGC's compliance with the Debt
Collection Improvement Act of 1996.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Any individual who may owe a debt to PBGC, including but not
limited to: pension plans and/or sponsors owing insurance premiums,
interest, and penalties; employees and former employees of PBGC;
individuals who are consultants and vendors to PBGC; participants,
alternate payees, and beneficiaries in terminating and terminated
defined benefit or defined contribution plans coming under the control
or authority of PBGC; and any individual who received payments to which
they are not entitled.

CATEGORIES OF RECORDS IN THE SYSTEM:
Plan filings; names; addresses; social security numbers; taxpayer
identification numbers; employee numbers; pay records; travel vouchers
and related documents filed by PBGC employees; invoices filed by
consultants and vendors to PBGC; records of benefit payments made to
participants, alternate payees, and beneficiaries in plans covered by
ERISA; and other relevant records relating to a debt including
financial information, bank account numbers, the amount, status, and
history of the debt, and the program under which the debt arose.

RECORD SOURCE CATEGORIES:
Subject individuals; plan administrators; labor organization
officials; debt collection agencies or firms; firms or agencies
providing locator services; and other Federal agencies.

[[Page 73220]]

vi. Debt sales;
vii. Publication of names and identities of delinquent debtors in
the media or other appropriate news or websites; and
viii. Any other debt collection method authorized by law;
b. To collect a debt owed to the United States through the offset
of payments made by states, territories, commonwealths, tribal
governments, or the District of Columbia;
c. To account or report on the status of debts for which such
entity has a financial or other legitimate need for the information in
the performance of official duties; or
d. For any other appropriate debt collection purpose.
4. A record from this system may be disclosed to a consumer
reporting agency in accordance with 31 U.S.C. 3711(e).
5. A record from this system may be disclosed to law enforcement in
the event the record is connected to a violation or potential violation
of law, whether civil, criminal or regulatory in nature, and whether
arising by general statute, regulation, rule, or order issued pursuant
thereto. Such disclosure may be made to the appropriate agency, whether
Federal, state, local, or tribal, or other public authority responsible
for enforcing, investigating or prosecuting such violation or charged
with enforcing or implementing the statute, or rule, regulation, or
order issued pursuant thereto, if PBGC determines that the records are
both relevant and necessary to any enforcement, regulatory,
investigative or prospective responsibility of the receiving entity.
6. A record from this system of records may be disclosed to a
Federal, state, tribal or local agency or to another public or private
source maintaining civil, criminal, or other relevant enforcement
information or other pertinent information if, and to the extent
necessary, to obtain information relevant to a PBGC decision concerning
the hiring or retention of an employee, the retention of a security
clearance, or the letting of a contract.
7. With the approval of the Director, Human Resources Department
(or his or her designee), the fact that this system of records includes
information relevant to a Federal agency's decision in connection with
the hiring or retention of an employee, the retention of a security
clearance, the letting of a contract, or the issuance of a license,
grant, or other benefit may be disclosed to that Federal agency.
8. A record from this system of records may be disclosed in a
proceeding before a court or other adjudicative body in which PBGC, an
employee of PBGC in his or her official capacity, an employee of PBGC
in his or her individual capacity whom PBGC (or the Department of
Justice (DOJ)) has agreed to represent is a party, or the United States
or any other Federal agency is a party and PBGC determines that it has
an interest in the proceeding, and if PBGC determines that the record
is relevant and necessary to the litigation and that the use is
compatible with the purpose for which PBGC collected the information.
9. When PBGC, an employee of PBGC in his or her official capacity,
or an employee of PBGC in his or her individual capacity whom PBGC (or
DOJ) has agreed to represent is a party to a proceeding before a court
or other adjudicative body, or the United States or any other Federal
agency is a party and PBGC determines that it has an interest in the
proceeding, a record from this system of records may be disclosed to
DOJ if PBGC is consulting with DOJ regarding the proceeding or has
decided that DOJ will represent PBGC, or its interest, in the
proceeding and PBGC determines that the record is relevant and
necessary to the litigation and that the use is compatible with the
purpose for which PBGC collected the information.
10. A record from this system of records may be disclosed to OMB in
connection with the review of private relief legislation as set forth
in OMB Circular No. A-19 at any stage of the legislative coordination
and clearance process as set forth in that Circular.
11. A record from this system of records may be disclosed to a
congressional office in response to an inquiry from the congressional
office made at the request of the individual.
12. A record from this system of records may be disclosed to an
official of a labor organization recognized under 5 U.S.C. ch. 71 when
necessary for the labor organization to properly perform its duties as
the collective bargaining representative of PBGC employees in the
bargaining unit.
13. A record from this system of records may be disclosed to
appropriate agencies, entities, and persons when (1) PBGC suspects or
has confirmed that there has been a breach of the system of records;
(2) PBGC has determined that as a result of the suspected or confirmed
breach there is a risk of harm to individuals, PBGC (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 PBGC's efforts to respond to the suspected or confirmed breach or
to prevent, minimize, or remedy such harm.
14. To contractors, experts, consultants, and the agents thereof,
and others performing or working on a contract, service, cooperative
agreement, or other assignment for PBGC when necessary to accomplish an
agency function. Individuals provided information under this routine
use are subject to the same Privacy Act requirements and limitations on
disclosure as are applicable to PBGC employees.
15. To the National Archives and Records Administration or to the
General Services Administration for records management inspections
conducted under 44 U.S.C. 2904 and 2906.
16. To any source from which information is requested in the course
of processing a grievance, investigation, arbitration, or other
litigation, to the extent necessary to identify the individual, inform
the source of the purpose(s) of the request, and identify the type of
information requested.
17. To disclose information to a Federal agency, in response to its
request, in connection with hiring or retaining an employee, issuing a
security clearance, conducting a security or suitability investigation
of an individual, or classifying jobs, to the extent that the
information is relevant and necessary to the requesting agency's
decision on the matter.
18. To another Federal agency or Federal entity, when 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 agency (including its information systems,
programs, and operations), the Federal Government, or national
security.
19. To another Federal agency or non-Federal entity to compare such
records in the agency's system of records or to non-Federal records in
coordination with the Office of Inspector General conducting an audit,
investigation, inspection, or some other review as authorized by the
Inspector General Act, as amended.

[[Page 73221]]

POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
Records are retrieved by any one or more of the following: employer
identification number; social security number; customer identification
number; plan number; recovery tracking number; name of debtor, plan,
plan sponsor, plan administrator, participant, alternate payee, or
beneficiary.

EXEMPTIONS PROMULGATED FOR THE SYSTEM:
None.

HISTORY:
PBGC-13, Debt Collection (last published at 83 FR 6264 (Feb. 13,
2018)).

SYSTEM NAME AND NUMBER:
PBGC-14: My Plan Administration Account Records.

SECURITY CLASSIFICATION:
Unclassified.

SYSTEM LOCATION:
Pension Benefit Guaranty Corporation (PBGC), 445 12th Street SW,
Washington, DC 20024-2101 and at its Oracle Service Cloud. (Records may
be kept at an additional location as backup for continuity of
operations.)

SYSTEM MANAGER(S):
Director, Financial Operations Department, PBGC, 445 12th Street
SW, Washington, DC 20024-2101.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
29 U.S.C. 1302, 1306, and 1343; 44 U.S.C. 3101; 5 U.S.C. 301; 44
U.S.C. 3601, et seq.

PURPOSE(S) OF THE SYSTEM:
This system of records is maintained for use in verifying the
identity of individuals who register to use the My PAA application to
make PBGC filings, and receiving, authenticating, processing, and
keeping a history of filings and premium payments submitted to PBGC by
registered users. Information from this system is used to provide the
public with contact information for plan sponsors, plan administrators,
pension practitioners, actuaries and pension benefit professionals who
submit plan information through My PAA.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Individuals who use the My Plan Administration Account (My PAA)
application to make PBGC filings and payments electronically via PBGC's
website (<a href="http://www.pbgc.gov">www.pbgc.gov</a>), including individuals acting for plan sponsors,
plan administrators, pension practitioners, actuaries, pension benefit
professionals.

CATEGORIES OF RECORDS IN THE SYSTEM:
User name; email address and universally unique identifier (UUID)
from <a href="http://Login.gov">Login.gov</a> for account creation and authentication, work telephone
number; work email address; other contact information; a temporary
PBGC-issued user ID and password; a user-selected user ID and password;
a secret question/secret answer combination for authentication; IP
addresses; cookies (session and persistent); financial information;
taxpayer identification number; bank information; for each pension plan
for which the user intends to participate in making filings with PBGC:
the plan name; employer identification number; plan number; the plan
administrator's name, address, phone number, email address, and other
contact information; and the role that the user will play in the filing
process, e.g., creating and editing filings, signing filings
electronically as the plan administrator, signing filings
electronically as the enrolled actuary, or authorizing payments to
PBGC.

RECORD SOURCE CATEGORIES:
Registered users; and the General Services Administration (GSA).

[[Page 73222]]

covered by the Employee Retirement Income Security Act of 1974 (ERISA).
2. A record from this system may be disclosed to law enforcement in
the event the record is connected to a violation or potential violation
of law, whether civil, criminal or regulatory in nature, and whether
arising by general statute, regulation, rule, or order issued pursuant
thereto. Such disclosure may be made to the appropriate agency, whether
Federal, state, local, or tribal, or other public authority responsible
for enforcing, investigating or prosecuting such violation or charged
with enforcing or implementing the statute, or rule, regulation, or
order issued pursuant thereto, if PBGC determines that the records are
both relevant and necessary to any enforcement, regulatory,
investigative or prospective responsibility of the receiving entity.
3. A record from this system of records may be disclosed in a
proceeding before a court or other adjudicative body in which PBGC, an
employee of PBGC in his or her official capacity, an employee of PBGC
in his or her individual capacity whom PBGC (or the Department of
Justice (DOJ)) has agreed to represent is a party, or the United States
or any other Federal agency is a party and PBGC determines that it has
an interest in the proceeding, and if PBGC determines that the record
is relevant and necessary to the litigation and that the use is
compatible with the purpose for which PBGC collected the information.
4. When PBGC, an employee of PBGC in his or her official capacity,
or an employee of PBGC in his or her individual capacity whom PBGC (or
DOJ) has agreed to represent is a party to a proceeding before a court
or other adjudicative body, or the United States or any other Federal
agency is a party and PBGC determines that it has an interest in the
proceeding, a record from this system of records may be disclosed to
DOJ if PBGC is consulting with DOJ regarding the proceeding or has
decided that DOJ will represent PBGC, or its interest, in the
proceeding and PBGC determines that the record is relevant and
necessary to the litigation and that the use is compatible with the
purpose for which PBGC collected the information.
5. A record from this system of records may be disclosed to OMB in
connection with the review of private relief legislation as set forth
in OMB Circular No. A-19 at any stage of the legislative coordination
and clearance process as set forth in that Circular.
6. A record from this system of records may be disclosed to a
congressional office in response to an inquiry from the congressional
office made at the request of the individual.
7. A record from this system of records may be disclosed to
appropriate agencies, entities, and persons when (1) PBGC suspects or
has confirmed that there has been a breach of the system of records;
(2) PBGC has determined that as a result of the suspected or confirmed
breach there is a risk of harm to individuals, PBGC (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 PBGC's efforts to respond to the suspected or confirmed breach or
to prevent, minimize, or remedy such harm.
8. To contractors, experts, consultants, and the agents thereof,
and others performing or working on a contract, service, cooperative
agreement, or other assignment for PBGC when necessary to accomplish an
agency function. Individuals provided information under this routine
use are subject to the same Privacy Act requirements and limitations on
disclosure as are applicable to PBGC employees.
9. To any source from which information is requested in the course
of processing a grievance, investigation, arbitration, or other
litigation, to the extent necessary to identify the individual, inform
the source of the purpose(s) of the request, and identify the type of
information requested.
10. To disclose information to a Federal agency, in response to its
request, in connection with hiring or retaining an employee, issuing a
security clearance, conducting a security or suitability investigation
of an individual, or classifying jobs, to the extent that the
information is relevant and necessary to the requesting agency's
decision on the matter.
11. To another Federal agency or Federal entity, when 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 agency (including its information systems,
programs, and operations), the Federal Government, or national
security.
12. To another Federal agency or non-Federal entity to compare such
records in the agency's system of records or to non-Federal records in
coordination with the Office of Inspector General conducting an audit,
investigation, inspection, or some other review as authorized by the
Inspector General Act, as amended.

POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
Records are retrieved by any one or more of the following: name;
user ID; email address; telephone number; plan name; EIN; or plan
number.

RECORD ACCESS PROCEDURES:
Individuals, or third parties with written authorization from the

[[Page 73223]]

EXEMPTIONS PROMULGATED FOR THE SYSTEM:
None.

HISTORY:
PBGC-14, My Plan Administration Account Records (last published at
83 FR 6265 (Feb. 13, 2018)).

SYSTEM NAME AND NUMBER:
PBGC-15: Emergency Notification Records.

SECURITY CLASSIFICATION:
Unclassified.

SYSTEM LOCATION:
Pension Benefit Guaranty Corporation (PBGC), 445 12th Street SW,
Washington, DC 20024-2101. (Records may be kept at an additional
location as backup for continuity of operations.)

SYSTEM MANAGER(S):
Director, Workplace Solutions Department, PBGC, 445 12th Street SW,
Washington, DC 20024-2101.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
29 U.S.C. 1302; 44 U.S.C. 3101; 5 U.S.C. 301; Executive Order
12656.

PURPOSE(S) OF THE SYSTEM:
This system of records is maintained for notifying PBGC employees,
students, interns, and contractors of PBGC's operating status in the
event of an emergency, natural disaster or other event affecting PBGC
operations; and for contacting employees, students, interns, and
contractors who are out of the office on leave or after regular duty
hours to provide information necessary for official business.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
PBGC employees, students, interns, and individuals who work for
PBGC as contractors or as employees of contractors.

CATEGORIES OF RECORDS IN THE SYSTEM:
Name; title; organizational component; employer; PBGC and personal
telephone numbers; PBGC and personal email addresses; other contact
information; user ID; a temporary PBGC-issued password; and a user-
selected password.

RECORD SOURCE CATEGORIES:
Subject individuals.

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. 552a(b), and:
1. A record in this system of records may be disclosed to family
members, emergency medical personnel, or to law enforcement officials
in case of a medical or other emergency involving compelling
circumstances affecting the health or safety of the subject individual
excepted by 5 U.S.C. 552a(b)(8).
2. A record from this system may be disclosed to law enforcement in
the event the record is connected to a violation or potential violation
of law, whether civil, criminal or regulatory in nature, and whether
arising by general statute, regulation, rule, or order issued pursuant
thereto. Such disclosure may be made to the appropriate agency, whether
Federal, state, local, or tribal, or other public authority responsible
for enforcing, investigating or prosecuting such violation or charged
with enforcing or implementing the statute, or rule, regulation, or
order issued pursuant thereto, if PBGC determines that the records are
both relevant and necessary to any enforcement, regulatory,
investigative or prospective responsibility of the receiving entity.
3. A record from this system of records may be disclosed in a
proceeding before a court or other adjudicative body in which PBGC, an
employee of PBGC in his or her official capacity, an employee of PBGC
in his or her individual capacity whom PBGC (or the Department of
Justice (DOJ)) has agreed to represent is a party, or the United States
or any other Federal agency is a party and PBGC determines that it has
an interest in the proceeding, and if PBGC determines that the record
is relevant and necessary to the litigation and that the use is
compatible with the purpose for which PBGC collected the information.
4. When PBGC, an employee of PBGC in his or her official capacity,
or an employee of PBGC in his or her individual capacity whom PBGC (or
DOJ) has agreed to represent is a party to a proceeding before a court
or other adjudicative body, or the United States or any other Federal
agency is a party and PBGC determines that it has an interest in the
proceeding, a record from this system of records may be disclos

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Indexed from Federal Register on September 9, 2024.

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.