Privacy Act of 1974; System of Records

Issuing agencies

Abstract

The Federal Communications Commission (FCC, Commission, or Agency) proposes to establish a new system of records, FCC/OGC-8, Suspension and Debarment Records, subject to the Privacy Act of 1974, as amended. This action is necessary to meet the requirements of the Privacy Act to publish in the Federal Register notice of the creation, existence, and character of records maintained by the Agency. The Commission uses this system to collect information about any prior misconduct of individuals and entities who participate in certain programs the FCC administers (e.g., Universal Service Fund (USF) and the Telecommunications Relay Services (TRS) program) so that the Suspending and Debarring Official (SDO) can determine whether to exclude or take such other actions as permitted under 2 CFR 6001 against those individuals or entities.

Full Text

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<title>Federal Register, Volume 91 Issue 203 (Thursday, October 22, 2026)</title>
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[Federal Register Volume 91, Number 203 (Thursday, October 22, 2026)]
[Notices]
[Pages 66700-66703]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-21619]


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FEDERAL COMMUNICATIONS COMMISSION

[FR ID: 373367]


Privacy Act of 1974; System of Records

AGENCY: Federal Communications Commission.

ACTION: Notice of a new system of records.

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SUMMARY: The Federal Communications Commission (FCC, Commission, or 
Agency) proposes to establish a new system of records, FCC/OGC-8, 
Suspension and Debarment Records, subject to the Privacy Act of 1974, 
as amended. This action is necessary to meet the requirements of the 
Privacy Act to publish in the Federal Register notice of the creation, 
existence, and character of records maintained by the Agency. The 
Commission uses this system to collect information about any prior 
misconduct of individuals and entities who participate in certain 
programs the FCC administers (e.g., Universal Service Fund (USF) and 
the Telecommunications Relay Services (TRS) program) so that the 
Suspending and Debarring Official (SDO) can determine whether to 
exclude or take such other actions as permitted under 2 CFR 6001 
against those individuals or entities.

DATES: This system of records will become effective on October 22, 
2026. Written comments on the routine uses are due by November 23, 
2026. The routine uses will become effective on November 23, 2026, 
unless written comments are received that require a contrary 
determination.

ADDRESSES: Send comments to Shana Yates, FCC, 45 L Street NE, 
Washington, DC 20554, care of the Office of General Counsel, Privacy 
Team; or to <a href="/cdn-cgi/l/email-protection#5424263d2235372d143237377a333b22"><span class="__cf_email__" data-cfemail="a8d8dac1dec9cbd1e8cecbcb86cfc7de">[email&#160;protected]</span></a>.

FOR FURTHER INFORMATION CONTACT: FCC Office of General Counsel, Privacy 
Team, at <a href="/cdn-cgi/l/email-protection#dcacaeb5aabdbfa59cbabfbff2bbb3aa"><span class="__cf_email__" data-cfemail="7303011a0512100a331510105d141c05">[email&#160;protected]</span></a>.

SUPPLEMENTARY INFORMATION: In March 2026, the FCC adopted the 
Suspension and Disbarment Report & Order (Modernizing Suspension and 
Debarment Rules, GN Docket No. 19-309, Report and Order, Direct Final 
Rule, and Further Notice of Proposed Rulemaking, 41 FCC Rcd 2774 (Mar. 
27, 2026); 91 FR 18134 (Apr. 9, 2026)), which adopted the Office of 
Management and Budget (OMB) Guidelines on Governmentwide Debarment and 
Suspension (Nonprocurement) located in 2 CFR 180 with supplemental FCC-
specific rules tailored to programs that the Commission administers. 
The Commission will use this system to collect information from 
individuals and entities participating in certain FCC programs, as well 
as files and documents from investigations conducted by other 
Commission bureaus or offices, including the Office of Inspector 
General, to determine whether individuals or entities have engaged in 
misconduct and should be considered for an exclusion or other action.

[[Page 66701]]

SYSTEM NAME AND NUMBER:
    FCC/OGC-8, Suspension and Disbarment Records.

SECURITY CLASSIFICATION:
    Unclassified.

SYSTEM LOCATION:
    Federal Communications Commission (FCC), Office of the General 
Counsel (OGC), 45 L Street NE, Washington, DC 20554; or FISMA-compliant 
contractor.

SYSTEM MANAGER(S):
    FCC, OGC, 45 L Street NE, Washington, DC 20554.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    47 U.S.C. 151, 152, 154, 218, 225, 254, 403, 616, and 620; E.O. 
12,549, 51 FR 6370 (Feb. 18, 1986); E.O. 12,689, 54 FR 34131 (Aug. 18, 
1989); 2 CFR part 180; 2 CFR part 6001.

PURPOSE(S) OF THE SYSTEM:
    The FCC uses this system to collect information to investigate 
individuals and entities participating in certain FCC programs to 
determine if such persons have engaged in prior misconduct or 
violations set forth in 2 CFR 6001 and whether to initiate an exclusion 
or other action.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Individuals, including points of contact for and those who certify 
on behalf of entities or those who otherwise act as agents, 
representatives, or independent contractors on behalf of entities, that 
participate in FCC programs; individuals who are or have been the 
subjects of FCC (including, without limitation, the Office of Inspector 
General) investigations and enforcement actions; individuals who are or 
have provided information in FCC investigations, including other bureau 
or office investigations (e.g., witnesses, complainants, informants).

CATEGORIES OF RECORDS IN THE SYSTEM:
    Categories of records in this system include, but are not limited 
to:
    1. Information that is associated with individuals participating in 
FCC programs, including contact information, financial information, 
information related to the product or service being provided, criminal 
and other related histories, FCC program-specific certifications, and 
suspension and debarment history and current status, as well as history 
of misconduct germane to suspension or debarment;
    2. Information about the customers of individuals or entities that 
participate in FCC programs;
    3. Files developed during investigations of known or alleged fraud, 
waste, and abuse; other irregularities; or violations of laws, 
regulations, orders, or requirements;
    4. Files related to programs and operations administered or 
financed by the FCC or funds managed by the FCC, including contractors 
and others doing business with or on behalf of the FCC;
    5. Investigative reports and related documents, including, without 
limitation, correspondences, logs, notes, summaries, attachments, 
charts, spreadsheets, and working papers; and
    6. Audit reports and supporting documentation, including, without 
limitation, correspondences, memoranda, transcripts, notes, 
computations, flowcharts, illustrations and summaries.

RECORD SOURCE CATEGORIES:
    Individuals and points of contact for entities that participate in 
certain programs the FCC administers (e.g., USF, TRS program); 
individuals that provide information in relation to FCC investigations 
(e.g., witnesses, complainants, informants); entities that participate 
in certain programs the FCC administers; entities that provide 
information in relation to FCC investigations; information referred to 
the SDO by other FCC bureaus and offices, including the Office of 
Inspector General; information gathered by administrators of certain 
FCC funds related to FCC programs (e.g., Universal Service 
Administration Company (USAC) for USF programs or Rolka Loube for TRS 
programs); information referred to the SDO by other Federal, State, 
local, Tribal, international, or multinational agencies or by any 
interagency committees, such as the Interagency Suspension and 
Debarment Committee (ISDC).

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND PURPOSES OF SUCH USES:
    In addition to those disclosures generally permitted under 5 U.S.C. 
552a(b) of the Privacy Act, all or a portion of the records or 
information contained in this system may be disclosed to authorized 
entities, as is determined to be relevant and necessary, outside the 
FCC as a routine use pursuant to 5 U.S.C. 552a(b)(3) as follows.
    1. Public Access--Names and other information about individuals or 
entities subject to investigations or exclusions contained in this 
system may be disclosed to the public in Commission releases, 
including, without limitation, Notices of Suspension and Proposed 
Debarments, Notices of Limited Denials of Participation, or Notices of 
Debarment.
    2. Suspension and Debarment Disclosure--The FCC may disclose 
information from this system to other Federal agencies considering 
suspension or debarment action if the information is relevant to the 
suspension and debarment action or if the FCC determines such agency 
has a more sufficient nexus to the matter or more resources and 
therefore will receive a referral from the FCC.
    3. Suspension and Debarment Inquiry--the FCC may disclose 
information from this system to interagency committees, such as the 
ISDC, for guidance or support or to liaise to determine which other 
federal agencies to refer suspension and debarment matters to.
    4. <a href="http://SAM.gov">SAM.gov</a>--OGC may disclose information and files to the General 
Services Administration to notify the agency that the FCC has excluded 
an individual or entity and that the individual or entity should be 
placed on the government-wide System for Award Management (SAM) 
exclusion list.
    5. Administrators--the FCC may disclose information from this 
system to its relevant FCC fund administrators (e.g., USAC or Rolka 
Loube) in order to seek more information for any exclusion or other 
related action or investigation and to otherwise notify such 
administrators that the FCC has excluded an individual or entity.
    6. Law Enforcement and Investigation--When the FCC investigates any 
violation or potential violation of a civil or criminal law, 
regulation, policy, executed consent decree, order, or any other type 
of compulsory obligation and determines that a record in this system, 
either alone or in conjunction with other information, indicates a 
violation or potential violation of law, regulation, policy, consent 
decree, order, or other compulsory obligation, the FCC may disclose 
pertinent information as it deems necessary to the target of an 
investigation, as well as with the appropriate Federal, State, local, 
Tribal, international, or multinational agencies, or a component of 
such an agency, responsible for investigating, prosecuting, enforcing, 
or implementing a statute, rule, regulation, order, or other compulsory 
obligation.
    7. Litigation--Records may be disclosed to the Department of 
Justice (DOJ) when: (a) the FCC or any component thereof; (b) any 
employee of the FCC in his or her official capacity; (c) any employee 
of the FCC in his or her individual capacity where the DOJ or the FCC 
has agreed to represent the employee; or (d) the United States 
Government is a party to litigation or

[[Page 66702]]

has an interest in such litigation, and by careful review, the FCC 
determines that the records are both relevant and necessary to the 
litigation, and the use of such records by the DOJ is for a purpose 
that is compatible with the purpose for which the FCC collected the 
records.
    8. Adjudication--Records may be disclosed in a proceeding before a 
court or adjudicative body, when: (a) the FCC or any component thereof; 
(b) any employee of the FCC in his or her official capacity; (c) any 
employee of the FCC in his or her individual capacity; or (d) the 
United States Government, is a party to litigation or has an interest 
in such litigation, and by careful review, the FCC determines that the 
records are both relevant and necessary to the litigation, and that the 
use of such records is for a purpose that is compatible with the 
purpose for which the agency collected the records.
    9. Congressional Inquiries--Information may be provided to a 
Congressional office in response to an inquiry from that Congressional 
office made at the written request of the individual to whom the 
information pertains.
    10. Government-wide Program Management and Oversight--Information 
may be disclosed to the DOJ to obtain that department's advice 
regarding disclosure obligations under the Freedom of Information Act 
(FOIA); or to the Office of Management and Budget (OMB) to obtain that 
office's advice regarding obligations under the Privacy Act.
    11. Breach Notification--Records may be disclosed to appropriate 
agencies, entities, and persons when: (a) the Commission suspects or 
has confirmed that there has been a breach of PII maintained in the 
system of records; (b) the Commission has determined that as a result 
of the suspected or confirmed breach there is a risk of harm to 
individuals, the Commission (including its information system, 
programs, and operations), the Federal Government, or national 
security; and (c) the disclosure made to such agencies, entities, and 
persons is reasonably necessary to assist in connection with the 
Commission's efforts to respond to the suspected or confirmed breach or 
to prevent, minimize, or remedy such harm.
    12. Assistance to Federal Agencies and Entities Related to 
Breaches--Records may be disclosed to another Federal agency or Federal 
entity, when the Commission determines that information from this 
system is reasonably necessary to assist the recipient agency or entity 
in: (a) responding to a suspected or confirmed breach or (b) 
preventing, minimizing, or remedying the risk of harm to individuals, 
the recipient agency or entity (including its information systems, 
program, and operations), the Federal Government, or national security, 
resulting from a suspected or confirmed breach.
    13. Non-Federal Personnel--Records may be disclosed to non-Federal 
personnel, including contractors, other vendors (e.g., identity 
verification services), grantees, and volunteers who have been engaged 
to assist the FCC in the performance of a service, grant, cooperative 
agreement, or other activity related to this system of records and who 
need to have access to the records in order to perform their activity.
    14. Department of Treasury--Records may be disclosed to the U.S. 
Department of Treasury when disclosure of the information is relevant 
to review payment and award eligibility through the Do Not Pay Working 
System for the purposes of identifying, preventing, or recouping 
improper payments to an applicant for, or recipient of, Federal funds, 
including funds disbursed by a state (meaning a state of the United 
States, the District of Columbia, a territory or possession of the 
United States, or a federally recognized Indian tribe) in a state-
administered, federally funded program.
    15. Prevention of Fraud, Waste, and Abuse Disclosure--Records may 
be disclosed to Federal agencies, non-Federal entities, their 
employees, and agents (including contractors, their agents or 
employees; employees or contractors of the agents or designated 
agents); or contractors, their employees or agents with whom the FCC 
has a contract, service agreement, cooperative agreement, or computer 
matching agreements for the purpose of: (1) detection, prevention, and 
recovery of improper payments; (2) detection and prevention of fraud, 
waste, and abuse in Federal programs administered by a Federal agency 
or non-Federal entity; (3) detection of fraud, waste, and abuse by 
individuals in their operations and programs, but only to the extent 
that the information shared is necessary and relevant to verify pre-
award and prepayment requirements prior to the release of Federal 
funds, prevent and recover improper payments for services rendered 
under programs of the FCC or of those Federal agencies and non-Federal 
entities to which the FCC provides information under this routine use.

POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
    This is an electronic system of records that resides on the FCC's 
network or on an FCC vendor's network.

POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
    Records in this system of records, including the administrative 
records for such matters, can be retrieved by the name of individual or 
entity who is investigated, excluded, and/or otherwise the target for 
another action.

POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
    The FCC is drafting a retention and disposition schedule for these 
records; currently all records retention schedules are pending. 
Unscheduled records are retained indefinitely pending the agency's 
submission, and the National Archives and Records Administration's 
(NARA) approval, of a disposition schedule.

[[Page 66703]]

ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
    The electronic records, files, and data are stored within FCC or 
vendor accreditation boundaries and maintained in a database housed in 
the FCC's or a vendor's computer network databases. Access to the 
electronic files is restricted to authorized employees and contractors; 
and to IT staff, contractors, and vendors who maintain the IT networks 
and services. Other employees and contractors may be granted access on 
a need-to-know basis. The electronic files and records are protected by 
the FCC and third-party privacy safeguards, a comprehensive and dynamic 
set of IT safety and security protocols and features that are designed 
to meet all Federal IT privacy standards, including those required by 
the Federal Information Security Modernization Act of 2014 (FISMA), the 
Office of Management and Budget (OMB), and the National Institute of 
Standards and Technology (NIST).

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

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

NOTIFICATION PROCEDURES:
    Individuals wishing to determine whether this system of records 
contains information about themselves may do so by writing to 
<a href="/cdn-cgi/l/email-protection#49393b203f282a30092f2a2a672e263f"><span class="__cf_email__" data-cfemail="4636342f3027253f0620252568212930">[email&#160;protected]</span></a>. Individuals requesting access must also comply with 
the FCC's Privacy Act regulations regarding verification of identity to 
gain access to records as required under 47 CFR part 0, subpart E.

EXEMPTIONS PROMULGATED FOR THE SYSTEM:
    None. However, when exempt records received from other systems of 
records become part of this system, the FCC claims the same exemptions 
for those records that are claimed for the system(s) of records from 
which they originated.

HISTORY:
    None.

Federal Communications Commission.

Marlene Dortch,
Secretary, Office of the Secretary.
[FR Doc. 2026-21619 Filed 10-21-26; 8:45 am]
BILLING CODE 6712-01-P


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