[Federal Register Volume 76, Number 161 (Friday, August 19, 2011)]
[Notices]
[Pages 51975-51978]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-21246]


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FEDERAL COMMUNICATIONS COMMISSION


Privacy Act System of Records

AGENCY: Federal Communications Commission (FCC, Commission, or the 
Agency)

ACTION: Notice; one new Privacy Act system of records; two deleted 
systems of records.

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SUMMARY: Pursuant to subsection (e)(4) of the Privacy Act of 1974, as 
amended (``Privacy Act''), 5 U.S.C. 552a, the FCC proposes to add one 
new, consolidated system of records, FCC/OMD-28, ``Time and Attendance 
Records.'' FCC/OMD-28, ``Time and Attendance Records'' will incorporate 
the information, i.e., personally identifiable information (PII), 
presently covered by FCC/OMD-14, ``Pay and Leave Records,'' and FCC/
OMD-21, ``Garnishment and Levy of Wages,'' and also add new and/or 
updated information that pertains to the responsibilities of the FCC's 
Human Resources Management (the Agency) division of the Office of 
Managing Director (OMD). Upon approval of FCC/OMD-30, the Commission 
will cancel FCC/OMD-14 and FCC/OMD-21. The purposes for adding this new 
system of records, FCC/OMD-28, ``Time and Attendance Records,'' are for 
the Agency to use the records in this system primarily to prepare time 
and attendance records and to certify hours worked/leave earned and 
leave taken and to administer the FCC's time and attendance/payroll 
program. These records may also be used to validate and verify hours 
worked/leave taken/credit hours claimed and to ensure appropriate 
recordkeeping as well as appropriate expenditure of Federal funds. The 
new system of records will consolidate FCC/OMD-14 and FCC/OMD-21 that 
the Agency currently uses so that all the personally identifiable 
information (PII) in the two information systems are now housed in a 
single Agency system of records.

DATES: In accordance with subsections (e)(4) and (e)(11) of the Privacy 
Act, any interested person may submit written comments concerning the 
alteration of this system of records on or before September 19, 2011. 
The Office of Information and Regulatory Affairs (OIRA), Office of 
Management and Budget (OMB), which has oversight responsibility under 
the Privacy Act to review the system of records, and Congress may 
submit comments on or before September 28, 2011. The proposed new 
system of records will become effective on September 28, 2011 unless 
the FCC receives comments that require a contrary determination. The 
Commission will publish a document in the Federal Register notifying 
the public if any changes are necessary. As required by 5 U.S.C. 
552a(r) of the Privacy Act, the FCC is submitting reports on this 
proposed new system to OMB and Congress.

ADDRESSES: Address comments to Leslie F. Smith, Privacy Analyst, 
Performance Evaluation and Records Management (PERM), Room 1-C216, 
Federal Communications Commission (FCC), 445 12th Street, SW., 
Washington, DC 20554, (202) 418-0217, or via the Internet at 
[email protected].

FOR FURTHER INFORMATION CONTACT: Contact Leslie F. Smith, Performance 
Evaluation and Records Management (PERM), Room 1-C216, Federal 
Communications Commission, 445 12th Street, SW., Washington, DC 20554, 
(202) 418-0217 or via the Internet at [email protected].

SUPPLEMENTARY INFORMATION: As required by the Privacy Act of 1974, as 
amended, 5 U.S.C. 552a(e)(4) and (e)(11), this document sets forth 
notice of this proposed new system of records maintained by the FCC. 
The FCC previously gave complete notice of the two systems of records, 
FCC/OMD-14, ``Pay and Leave'' and FCC/OMD-21, ``Garnishment and Levy of 
Wages,'' which the Commission intends to cancel upon both the approval 
and deployment of FCC/OMD-28, ``Time and Attendance Records,'' as 
referenced under this Notice by publication in the Federal Register on 
April 5, 2006 (71 FR 17234, 17257 and 17266 respectively). This notice 
is a summary of the more detailed information about the proposed new 
system of records, which may be viewed at the location given above in 
the ADDRESSES section. The purposes for adding this new system of 
records, FCC/OMD-28, ``Time and Attendance Records,'' are for the 
Agency to use the records in this system of records primarily to 
prepare time and attendance records and to certify hours worked/leave 
earned and leave taken and to administer the FCC's time and attendance/
payroll program. These records may also be used to validate and verify 
hours worked/leave taken/credit hours claimed and to ensure appropriate 
recordkeeping as well as appropriate expenditure of Federal funds. The 
new system of records will consolidate FCC/OMD-14 and FCC/OMD-21 that 
the Agency currently uses so that all the PII data in the two 
information systems are now housed in a single Agency system of 
records.
    This notice meets the requirement documenting the change to the 
systems of records that the FCC maintains, and provides the public, 
OMB, and Congress with an opportunity to comment.
FCC/OMD-14

SYSTEM NAME:
    Time and Attendance Records.

SECURITY CLASSIFICATION:
    The FCC's Security Operations Center (SOC) has not assigned a 
security classification to this system of records.

SYSTEM LOCATION:
    Human Resources Management (HRM), Office of Managing Director 
(OMD), Federal Communications Commission (FCC), 445 12th Street, SW., 
Washington, DC 20554.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    The categories of individuals in this system consist of current and 
former employees of the Federal Communications Commission (FCC).

CATEGORIES OF RECORDS IN THE SYSTEM:
    The categories of records in this system are used:
    1. To administer the pay, leave, and garnishment requirements for 
FCC employees: FCC employee's name, work and home addresses, Social 
Security Number (SSN), bureau/office, timekeeper number, salary, pay 
plan, number of hours worked, leave accrual rate, usage, and balances, 
and associated supporting documentation such as Request 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, and direct deposit forms, etc; and
    2. To administer garnishment and levy orders: Orders served upon 
the FCC for implementation, correspondence, and memorandum issued by a 
court of competent jurisdiction or by another government entity 
authorized to issue

[[Page 51976]]

such an order for a FCC employee subject thereto.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    1. To administer the pay and leave, and garnishment records: 5 
U.S.C. 5501 et seq., 5525 et seq., 5701 et seq. and 6301 et seq.; 28 
U.S.C. 66a; 44 U.S.C. 2801 and 2802; 5 U.S.C. 6328-6340; Federal 
Employees Leave Sharing Act of 1988 and Amendments of 1993 (Pub. L. 
103-103 and Pub. L. 100-566); Executive Order 9397, November 22, 1943; 
Pub. L. 100-202, Pub. L. 100-440, Pub. L. 101-509, and Personal 
Responsibility and Work Opportunity Reconciliation Act of 1996 (Pub. L. 
104-193); and
    2. To administer the garnishment and levy orders: 5 U.S.C. 5520a; 
10 U.S.C. 1408; and 42 U.S.C. 659.

PURPOSE(S):
    The Human Resources Management (HRM) uses the records in this 
system to:
    1. Authorize payroll deductions, including but not limited to 
allotments, charitable contributions, and union dues;
    2. Collect indebtedness, including but not limited to overpayment 
of salary and unpaid Internal Revenue Service (IRS) taxes and/or state 
taxes, etc.;
    3. Pay income tax obligations, including but not limited to the 
Internal Revenue Service (IRS) and states' revenue departments;
    4. Authorize the U.S. Department of the Agriculture's (USDA) 
National Finance Center (NFC) to issue salary checks;
    5. Report gross wages and compensation information, including but 
not limited to unemployment compensation;
    6. Pay any uncollected compensation, including but not limited to 
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. Determine leave balances, including but not limited to accrued 
and used leave, sick leave, eligibility for and/or authorize donations 
for the leave transfer program, and other types of leave categories;
    8. Produce summary descriptive statistics and analytical studies in 
support of the FCC's Human Resource Management (HRM) functions;
    9. Respond to general requests for statistical information (without 
disclosing any personally identifiable information (PII)) under the 
Freedom of Information Act (FOIA);
    10. Locate specific individuals for Human Resource Management (HRM) 
functions; and
    11. Direct 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.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND THE PURPOSES OF SUCH USES:
    Information about individuals in this system of records may 
routinely be disclosed under the following conditions:
    1. Compliance with Welfare Reform Requirements--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, 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. Adjudication and Litigation--Where by careful review, the agency 
determines that the records are both relevant and necessary to 
litigation and the use of such records is deemed by the agency to be 
for a purpose that is compatible with the purpose for which the agency 
collected the records, these records may be used by a court or 
adjudicative body in a proceeding when: (a) the agency or any component 
thereof; or (b) any employee of the agency in his or her official 
capacity; or (c) any employee of the agency in his or her individual 
capacity where the agency has agreed to represent the employee; or (d) 
the United States Government is a party to litigation or has an 
interest in such litigation;
    3. Law enforcement and Investigation--Where there is an indication 
of a violation or potential violation of a statute, regulation, rule, 
or order, records from this system may be shared with appropriate 
Federal, State, or local authorities either for purposes of obtaining 
additional information relevant to a FCC decision or for referring the 
record for investigation, enforcement, or prosecution by another 
agency;
    4. Congressional Inquiries--When requested by a Congressional 
office in response to an inquiry by an individual made to the 
Congressional office for the individual's own records;
    5. Government-wide Program Management and Oversight--When requested 
by the National Archives and Records Administration (NARA) for the 
purpose of records management inspections conducted under authority of 
44 U.S.C. 2904 and 2906; when the U.S. Department of Justice (DOJ) is 
contacted in order to obtain that department's advice regarding 
disclosure obligations under the Freedom of Information Act; or when 
the Office of Management and Budget (OMB) is contacted in order to 
obtain that office's advice regarding obligations under the Privacy 
Act;
    6. 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;
    7. 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 records 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;
    8. 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;

[[Page 51977]]

    9. 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;
    10. Financial Obligations Required by the National Finance Center 
et al.--When the National Finance Center (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. Disclosures will be made only when all procedural 
steps established by the Debt Collection Act of 1982, as amended by the 
Debt Collection Improvement Act of 1996 or the Computer Matching and 
Privacy Protection Act of 1988 as appropriate, have been taken;
    11. Breach Notification--A record from this system may be disclosed 
to appropriate agencies, entities, and persons when (1) the Commission 
suspects or has confirmed that the security or confidentiality of 
information in the system of records has been compromised; (2) the 
Commission has determined that as a result of the suspected or 
confirmed compromise there is a risk of harm to economic or property 
interests, identity theft or fraud, or harm to the security or 
integrity of this system or other systems or programs (whether 
maintained by the Commission or another agency or entity) that rely 
upon the compromised information; and (3) the disclosure made to such 
agencies, entities, and persons is reasonably necessary to assist in 
connection with the Commission's efforts to respond to the suspected or 
confirmed compromise and prevent, minimize, or remedy such harm; and
    12. Pay and Leave Disclosures--A record from this system may be 
disclosed to any source 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.
    In each of these cases, the FCC will determine whether disclosure 
of the records is compatible with the purpose for which the records 
were collected.

DISCLOSURE TO CONSUMER REPORTING AGENCIES:
    Disclosures may be made from this system to consumer reporting 
agencies as defined in the Fair Credit Reporting Act, 15 U.S.C. 
1681a(f), or the Federal Claims Collection Act of 1966, 28 U.S.C. 
3701(a)(3).

POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, 
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
    Information includes paper document, records, and files that are 
stored in file cabinets, and electronic records, files and data that 
are stored on the FCC's network computer database.

RETRIEVABILITY:
    Records are indexed by the FCC's employee's name.

SAFEGUARDS:
    The paper documents, files, and records, which are stored in file 
cabinets in the HRM office suite, are locked when not in use and/or at 
the end of the business day. These file cabinets are accessible only 
via card-coded security doors. Access is restricted to authorized HRM 
supervisors, staff, and contractors.
    The electronic records, files, and data are housed in the FCC's 
computer network databases. Access to the electronic files is 
restricted to authorized HRM supervisors, staff, and contractors. 
Authorized staff and contractors in the FCC's Information Technology 
Center (ITC), who manage the FCC's computer network databases, also 
have access to the electronic files. Other FCC employees and 
contractors may be granted access on a ``need-to-know'' basis. The 
FCC's computer network databases are protected by the FCC's security 
protocols, which include controlled access, passwords, and other 
security features. The electronic information is backed-up routinely. 
Back-up tapes are stored on-site and at a secured, off-site location.

RETENTION AND DISPOSAL:
    1. For Pay and Leave Records--The FCC maintains and disposes of 
these records in accordance with General Records Schedule 2 (GRS 2) 
issued by the National Archives and Records Administration (NARA). 
Under the GRS 2, records are retained for various periods. Generally, 
the records are kept from 3 to 56 years, depending on the type of 
record involved.
    2. For Garnishment and Levy of Wages Records--The FCC retains these 
records until the expiration of the garnishment or levy order or until 
the employee leaves the Commission, whichever comes first. In some 
instances that are related to a garnishment or levy order, the 
information is destroyed three years after the termination of the 
garnishment or levy order.
    Disposal of the paper documents, records, and files is by 
shredding. Electronic records are destroyed physically (electronic 
storage media) or by electronic erasure.
    Individuals may request a copy of the (document) disposition 
instructions from the FCC Privacy Act Officer or access GRS 2 directly 
at http://www.archives.gov/records-mgmt/ardor/grs02.html.

SYSTEM MANAGER(S) AND ADDRESS:
    Human Resources Management (HRM), Office of Managing Director 
(OMD), Federal Communications Commission (FCC), 445 12th Street, SW., 
Washington, DC 20554.

NOTIFICATION PROCEDURE:
    Address inquiries to the Human Resources Management (HRM), Office 
of Managing Director (OMD), Federal Communications Commission (FCC), 
445 12th Street, SW., Washington, DC 20554.

RECORD ACCESS PROCEDURES:
    Address inquiries to the Human Resources Management (HRM), Office 
of Managing Director (OMD), Federal Communications Commission (FCC), 
445 12th Street, SW., Washington, DC 20554.

CONTESTING RECORD PROCEDURES:
    Address inquiries to the Human Resources Management (HRM), Office 
of Managing Director (OMD), Federal Communications Commission (FCC), 
445 12th Street, SW., Washington, DC 20554.

RECORD SOURCE CATEGORIES:
    The sources of the records in this system are FCC employees and FCC 
managers, bankruptcy courts, state domestic relations courts, state 
public

[[Page 51978]]

health and welfare departments or agencies, Internal Revenue Service, 
and intra-agency memoranda.

EXEMPTIONS CLAIMED FOR THE SYSTEM:
    None.

Federal Communications Commission.
Bulah P. Wheeler,
Deputy Manager, Office of the Secretary, Office of Managing Director.
[FR Doc. 2011-21246 Filed 8-18-11; 8:45 am]
BILLING CODE 6712-01-P