Notice2024-13269
Privacy Act of 1974; System of Records
Primary source
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Published
June 17, 2024
Effective
June 17, 2024
Issuing agencies
Federal Communications Commission
Abstract
The Federal Communications Commission (FCC, Commission, or Agency) proposes to modify an existing system of records, FCC/OMD-28, Time and Attendance 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 existence and character of records maintained by the agency. The Human Resources Management (HRM) division of the FCC's Office of Managing Director (OMD) uses this system primarily to prepare time and attendance records, to certify hours worked and leave earned and taken, and otherwise to administer the FCC's time and attendance/payroll program.
Full Text
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<title>Federal Register, Volume 89 Issue 117 (Monday, June 17, 2024)</title>
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[Federal Register Volume 89, Number 117 (Monday, June 17, 2024)]
[Notices]
[Pages 51338-51341]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-13269]
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FEDERAL COMMUNICATIONS COMMISSION
[FR ID: 225251]
Privacy Act of 1974; System of Records
AGENCY: Federal Communications Commission.
ACTION: Notice of a modified system of records.
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SUMMARY: The Federal Communications Commission (FCC, Commission, or
Agency) proposes to modify an existing system of records, FCC/OMD-28,
Time and Attendance 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 existence
and character of records maintained by the agency. The Human Resources
Management (HRM) division of the FCC's Office of Managing Director
(OMD) uses this system primarily to prepare time and attendance
records, to certify hours worked and leave earned and taken, and
otherwise to administer the FCC's time and attendance/payroll program.
DATES: This modified system of records will become effective on June
17, 2024. Written comments on the routine uses are due by July 17,
2024. The routine uses in this action will become effective on July 17,
2024 unless comments are received that require a contrary
determination.
ADDRESSES: Send comments to Brendan McTaggart, Federal Communications
Commission (FCC), 45 L Street NE, Washington, DC 20554, or to
<a href="/cdn-cgi/l/email-protection#6b1b19021d0a08122b0d0808450c041d"><span class="__cf_email__" data-cfemail="d4a4a6bda2b5b7ad94b2b7b7fab3bba2">[email protected]</span></a>.
FOR FURTHER INFORMATION CONTACT: Brendan McTaggart, (202) 418-1738, or
<a href="/cdn-cgi/l/email-protection#f282809b8493918bb2949191dc959d84"><span class="__cf_email__" data-cfemail="b5c5c7dcc3d4d6ccf5d3d6d69bd2dac3">[email protected]</span></a> (and to obtain a copy of the Narrative Statement and
the Supplementary Document, which includes details of the modifications
to this system of records).
SUPPLEMENTARY INFORMATION: This notice serves to update and modify FCC/
OMD-28, as a result of various necessary changes and updates. The
substantive changes and modifications to the previously published
version of the FCC/OMD-28 system of records include:
1. Updating the language in the Security Classification to follow
OMB guidance.
2. Updating the language in the Purposes section to be consistent
with the language and phrasing currently used generally in the FCC's
SORNs.
3. Modifying the language in the Categories of Individuals and
Categories of Records to be consistent with the language and phrasing
currently used in the FCC's SORNs.
4. Updating and/or revising language in the following routine uses
(listed by the routine use number designated in this notice): (2)
Litigation; (3) Adjudication; (4) Law Enforcement and Investigation;
(5) Congressional Inquiries; (6) Government-wide Program Management and
Oversight; and (12) Breach Notification, the addition of which is as
required by OMB Memorandum No. M-17-12.
5. Adding the following new routine uses (listed by current routine
use number): (13) Assistance to Federal Agencies and Entities Related
to Breaches, the addition of which is required by OMB Memorandum No. M-
17-12; and (15) Non-Federal Personnel to allow contractors, vendors,
grantees, or volunteers performing or working on
[[Page 51339]]
a contract, grant, or cooperative agreement for the Federal Government
to have access to needed information.
6. Updating the SORN to include the National Archives and Records
Administration (NARA) General Records Schedule 2.4: Employee
Compensation and Benefits Records (DAA-GRS-2016-0015).
The system of records is also updated to reflect various
administrative changes related to the system managers and system
addresses; policy and practices for storage and retrieval of the
information; administrative, technical, and physical safeguards; and
updated notification, records access, and contesting records
procedures.
SYSTEM NAME AND NUMBER:
FCC/OMD-28, Time and Attendance Records.
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
HRM, OMD, FCC, 45 L Street NE, Washington, DC 20554.
SYSTEM MANAGER:
HRM, OMD, FCC, 45 L Street NE, Washington, DC 20554.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
5 U.S.C. 5501 et seq., 5520a, 5525 et seq., 5701 et seq. and 6301
et seq.; 10 U.S.C. 1408; 28 U.S.C. 66a; 44 U.S.C. 2801, 2802; 5 U.S.C.
6328 through 6340; 42 U.S.C. 659; Federal Employees Leave Sharing Act
of 1988 and Amendments of 1993 (Pub. L. Nos. 100-440, 101-509),
Personal Responsibility and Work Opportunity Reconciliation Act 1966
(Pub. L. 104-193).
PURPOSES OF THE SYSTEM:
HRM uses the information in this system for the following purposes:
1. Authorizing payroll deductions, including allotments, charitable
contributions, and union dues;
2. Collecting indebtedness, including overpayment of salary and
unpaid Internal Revenue Service (IRS) taxes and/or state taxes, etc.;
3. Paying income tax obligations, including to the IRS and states'
revenue departments;
4. Authorizing the United States Department of Agriculture,
National Finance Center (NFC) to issue salary payments;
5. Reporting gross wages and compensation information, including
unemployment compensation;
6. Paying any uncollected compensation, including lump-sum payments
of leave upon an employee's separation, such as retirement and
resignation, or due to the beneficiaries of a deceased employee;
7. Determining leave balances, including accrued and used leave,
sick leave, eligibility for and/or authorize donations for the leave
transfer program, and other types of leave categories;
8. Collecting aggregate telework data to report to the Office of
Personnel Management.
9. Producing summary descriptive statistics and analytical studies
in support of the FCC's operational functions;
10. Responding to general requests for statistical information
without disclosing any personally identifiable information (PII) under
the Freedom of Information Act (FOIA);
11. Locating specific individuals for HRM functions; and
12. Directing the FCC's implementation of garnishment and levy
orders served upon the Commission for implementation, correspondence,
and memorandum, issued by a court of competent jurisdiction or by
another government entity authorized to issue such an order for a
Commission employee subject thereto.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
The categories of individuals whose records are maintained in this
system include current and former FCC employees.
CATEGORIES OF RECORDS IN THE SYSTEM:
The records in this system include the following categories of
information: (1) Information pertaining to current and former FCC
employees including names, work and home addresses, Social Security
Numbers (SSNs), dates of birth, dates of hire, states of hire, bureau/
office, quarterly earnings, timekeeper numbers, salaries, pay plans,
number of hours worked, leave accrual rate, usage, balances, associated
supporting documentation such as Requests for Leave, Credit Hours
earned, Compensatory and Overtime hours requested and earned, time off
awards credited, leave transfer requests, leave donor forms, medical
documentation to support advance of sick leave and leave transfer, tax,
payroll allotment, direct deposit forms, employer identifying
information, etc.; and (2) Orders related to wage garnishment served on
the FCC for implementation, related correspondence, and memoranda
issued by a court of competent jurisdiction or by another government
entity authorized to issue such an order for a FCC employee subject
thereto.
RECORD SOURCE CATEGORIES:
Sources of records include FCC employees, bankruptcy courts, state
domestic relations courts, state public health and welfare departments
or agencies, the IRS, and intra-agency memoranda.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSES OF SUCH USES:
In addition to those disclosures generally permitted under 5 U.S.C.
552a(b) of the Privacy Act, all or a portion of the records or
information contained in this system may be disclosed to authorized
entities, as is determined to be relevant and necessary, outside the
FCC as a routine use pursuant to 5 U.S.C. 552a(b)(3) as follows:
1. Compliance with Welfare Reform Requirements--Records, including
names, Social Security Numbers, home addresses, dates of birth, dates
of hire, quarterly earnings, employer identifying information, and
state of hire of employees, may be disclosed to the Office of Child
Support Enforcement, Administration for Children and Families, and
Department of Health and Human Services for the purposes of locating
individuals to establish paternity, establishing and modifying orders
of child support, identifying sources of income, and for other child
support enforcement actions as required by the Personal Responsibility
and Work Opportunity Reconciliation Act.
2. 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 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.
3. Adjudication--Records may be disclosed in a proceeding before a
court or adjudicative body, when: (a) the FCC or any component thereof;
or (b) any employee of the FCC in his or her official capacity; or (c)
any employee of the FCC in his or her individual capacity; or (d) the
United States Government, is a party to litigation or has an interest
in such litigation, and by careful review, the FCC determines that the
records are both relevant and
[[Page 51340]]
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.
4. 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, or order.
5. 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 that
information pertains.
6. Government-wide Program Management and Oversight--Records may be
disclosed to DOJ to obtain that Department's advice regarding
disclosure obligations under the FOIA; or to OMB to obtain that
office's employer identifying information, and advice regarding
obligations under the Privacy Act.
7. Employment, Clearances, Licensing, Contract, Grant, or other
Benefits Decisions by the Agency--Disclosure may be made to a Federal,
State, local, foreign, tribal, or other public agency maintaining
civil, criminal, or other relevant enforcement records, or other
pertinent records, or to another public authority or professional
organization, if necessary to obtain information relevant to an
investigation concerning the retention of an employee or other
personnel action (other than hiring), the retention of a security
clearance, the letting of a contract, or the issuance or retention of a
grant or other benefit.
8. Employment, Clearances, Licensing, Contract, Grant, or other
Benefits Decisions by Other than the Agency--Disclosure may be made to
a Federal, State, local, foreign, tribal, or other public authority of
the fact that this system of records contains information relevant to
the retention of an employee, the retention of a security clearance,
the letting of a contract, or the issuance or retention of a license,
grant, or other benefit. The other agency or licensing organization may
then make a request supported by the written consent of the individual
for the entire record if it so chooses. No disclosure will be made
unless the information has been determined to be sufficiently reliable
to support a referral to another office within the agency or to another
Federal agency for criminal, civil, administrative, personnel, or
regulatory action.
9. Labor Relations--A record from this system may be disclosed to
officials of labor organizations recognized under 5 U.S.C. chapter 71
upon receipt of a formal request and in accord with the conditions of 5
U.S.C. 7114 when relevant and necessary to their duties of exclusive
representation concerning personnel policies, practices, and matters
affecting working conditions.
10. Financial Obligations under the Debt Collection Act--A record
from this system may be disclosed to other Federal agencies for the
purpose of collecting and reporting on delinquent debts as authorized
by the Debt Collection Act of 1982 or the Debt Collection Improvement
Act of 1996. A record from this system may be disclosed to any Federal,
state, or local agency to conduct an authorized computer matching
program in compliance with the Privacy Act of 1974, as amended, to
identify and locate individuals who are delinquent in their repayment
of certain debts owed to the U.S. Government. A record from this system
may be used to prepare information on items considered income for
taxation purposes to be disclosed to Federal, State, and local
governments.
11. Financial Obligations Required by the National Finance Center
et al.--Records may be disclosed to the NFC (the FCC's designated
payroll office), the Department of the Treasury Debt Management
Services, and/or a current employer to effect a salary, IRS and/or
state tax refund(s), or administrative offset to satisfy an
indebtedness; and to Federal agencies to identify and locate former
employees for the purposes of collecting such indebtedness, including
through administrative, salary, or tax refund offsets. Identifying and
locating former employees, and the subsequent referral to such agencies
for offset purposes, may be accomplished through authorized computer
matching programs under applicable statutory procedures.
12. 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 the system of records;
(b) the Commission has determined that as a result of the suspected or
confirmed compromise there is a risk of harm to individuals, the
Commission (including its information systems, programs, and
operations), the Federal Government, or national security; and (c) the
disclosure made to such agencies, entities, and persons is reasonably
necessary to assist in connection with the Commission's efforts to
respond to the suspected or confirmed breach or to prevent, minimize,
or remedy such harm.
13. 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.
14. Pay and Leave Disclosures--A record from this system may be
disclosed to any federal or nonfederal entity from which additional
information is requested relevant to an FCC determination concerning an
individual's pay or leave to the extent necessary to identify the
individual, inform the source of the purpose(s) of the requests, and to
identify the type of information requested.
15. 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 contract, service, grant,
cooperative agreement, or other activity related to this system of
records and who need to have access to the records in order to perform
their activity.
POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
The electronic data, files, and records are housed in the FCC's
computer network databases. The paper records are stored in file
cabinets located in the HRM office suite. The file cabinets are locked
when not in use and/or at the end of the business day. The file
cabinets are accessible only via card-coded security doors. Access to
the file cabinets is restricted to authorized HRM personnel and FCC
contractors.
[[Page 51341]]
POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
Information in the electronic database can be retrieved by
searching electronically for the FCC employee's name. Information in
the paper records can be retrieved by manual search for the FCC
employee's name.
POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
The information in this electronic system is maintained and
disposed of in accordance with the National Archives and Records
Administration (NARA) General Records Schedule 2.4: Employee
Compensation and Benefits Records (DAA-GRS-2016-0015).
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
The electronic records, files, and data are stored within FCC or a
vendor's accreditation boundaries and maintained in FCC or 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 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 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).
The paper records are stored in file cabinets located in the HRM
office suite. The file cabinets are locked when not in use and/or at
the end of the business day. The file cabinets are accessible only via
card-coded security doors. Access to the file cabinets is restricted to
authorized HRM personnel and FCC contractors.
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#5b2b29322d3a38221b3d3838753c342d"><span class="__cf_email__" data-cfemail="b2c2c0dbc4d3d1cbf2d4d1d19cd5ddc4">[email protected]</span></a>. Individuals requesting record access or amendment must
also comply with the FCC's Privacy Act regulations regarding
verification of identity as required under 47 CFR part 0, subpart E.
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
None.
HISTORY:
76 FR 51975 (August 19, 2011) and 76 FR 55388 (September 7, 2011)
(correction).
Federal Communications Commission.
Marlene Dortch,
Secretary.
[FR Doc. 2024-13269 Filed 6-14-24; 8:45 am]
BILLING CODE 6712-01-P
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