[Federal Register Volume 80, Number 58 (Thursday, March 26, 2015)]
[Notices]
[Pages 16007-16010]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-06935]


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FEDERAL COMMUNICATIONS COMMISSION


Privacy Act System of Records

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

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

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SUMMARY: Pursuant to subsection (e)(4) of the Privacy Act of 1974, as 
amended (5 U.S.C. 552a), the FCC proposes to add a new system of 
records, FCC/OMD-32, ``FCC Telework Program.'' The FCC's Human 
Resources Management (HRM) division in the Office of Managing Director 
(OMD) will use the information contained in FCC/OMD-32 to cover the 
personally identifiable information (PII) that is required as part of 
the FCC's employee telework program. The FCC Telework Program provides 
employees with the voluntary opportunity to work from home or another 
FCC approved telework location, including but not limited to other 
approved alternate worksite(s). This system will cover the personally 
identifiable information (PII) that employees provide when they 
complete the FCC Telework Request Form and Agreement, Home Safety Self-
Certification Checklist for Home-Based Telecommuters and related 
documentation to apply voluntarily for permission to telework and any 
related information that their supervisor may include as part of the 
terms and conditions for teleworking. The FCC uses the information in 
this form and related documentation to manage the telework program and 
to conduct telework evaluations and audits.

DATES: In accordance with 5 U.S.C. 552a(e)(4) and (e)(11) of the 
Privacy Act, as amended, any interested person may submit written 
comments concerning

[[Page 16008]]

this new system of records on or before April 27, 2015. The 
Administrator, 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 May 5, 2015. The proposed 
new system of records will become effective on May 5, 2015 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, 
Information Technology (IT), Office of Managing Director (OMD), Room 1-
C216, Federal Communications Commission (FCC), 445 12th Street SW., 
Washington, DC 20554, or via the Internet at [email protected].

FOR FURTHER INFORMATION: Contact Leslie F. Smith, Information 
Technology (IT), Office of Managing Director (OMD), Room 1-C216, 
Federal Communications Commission (FCC), 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 the proposed new system of records maintained by the FCC. 
This notice is a summary of the more detailed information about the 
proposed new system of records, which may be obtained or viewed 
pursuant to the contact and location information given above in the 
ADDRESSES section. The purpose for establishing this new system of 
records, FCC/OMD-32, ``FCC Telework Program'' is to cover the PII where 
the information is maintained for each FCC employee's telework 
application and related documentation that may be included by their 
supervisor as part of the terms and conditions for teleworking. The FCC 
will use the information in this form and related documentation to 
manage, evaluate, and audit the telework program. This notice meets the 
requirement documenting the proposed new system of records that is to 
be added to the systems of records that the FCC maintains, and provides 
the public, OMB, and Congress with an opportunity to comment.
FCC/OMD-32

SYSTEM NAME:
    FCC Telework Program.

SECURITY CLASSIFICATION:
    The FCC's CIO team will provide a security classification to this 
system based on NIST FIPS-199 standards.

SYSTEM LOCATION(S):
    Human Resources Management (HRM), Office of Managing Director 
(OMD), Federal Communications Commission (FCC), 445 12th Street SW., 
Washington, DC 20554; and Individual FCC Bureaus and Offices (B/O), 
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 include FCC employees 
who voluntarily apply for permission to telework from their home, a 
satellite office, or other FCC approved alternate worksite(s), and 
their supervisors who review, approve, deny, and/or renew the telework 
applications.

CATEGORIES OF RECORDS IN THE SYSTEM:
    The categories of records in the system include but are not limited 
to, the information that FCC employees are (voluntarily) required to 
provide on FCC Telework Request Form and Agreement, Home Safety Self-
Certification for Home-Based Telecommuters, Certificate of Completion 
of telework training, and/or Reasonable Accommodation Requests \1\ to 
apply for permission to telework from home or at another FCC approved 
alternate worksite(s). These records include, but are not limited to:
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    \1\ The FCC system of records notice (SORN), FCC/OWD-1, 
``Reasonable Accommodation Requests under the Rehabilitation Act of 
1973,'' (76 FR 17234, 17268 published on April 5, 2006) covers the 
PII contained in requests for reasonable accommodations.
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    1. FCC employee's name; title, series, grade; bureau/division/
branch; date of request and date telework training completed; and 
supervisor's name and telephone number;
    2. Employee telework request: Routine (regular/recurring) and/or 
situational (ad hoc), start date and end date; regular/recurring days 
during pay period week 1 and/or week 2--Monday(s) to Friday(s);\2\ 
Emergency Response Group (ERG) membership for Continuity of Operations 
(COOP) and continuity plan activation;
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    \2\ The FCC SORN, FCC/OMD-28, ``FCC Time and Attendance (T&A) 
Records,'' (76 FR 51975 published on August 19, 2011 (correction 
notice) and 76 FR 55388 published on September 7, 2011) and two OPM 
government-wide system of records notices, OPM/GOVT-2, ``Employee 
Performance File Systems Records (71 FR 35342, 35347 published on 
June 19, 2006) and OPM/GOVT-3, ``Records of Adverse Actions, 
Performance Based Reduction in Grade and Removal Actions, and 
Termination of Probationers'' (71 FR 35342, 35350 published on June 
19, 2006), cover the PII related to an employee's teleworking 
information that is included in their bi-weekly time and attendance 
submission.
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    3. Description of work to be performed during telework, including 
supervisor's conditions specific to telework agreement (e.g., that 
includes but is not limited to contact expectations, reporting 
requirements, etc.); and ERG responsibilities (if applicable);
    4. Employee's Official Duty Station: Address and telephone 
number(s);
    5. Employee's alternate worksite: Address and telephone number(s); 
employee's email address (if different from work email); fax number; 
and tour of duty (hours);
    6. Approvals (including terms of the telework agreement): 
Employee's signature and date; supervisor's signature and date; 
cancellation/denial, including reason; renewal; and supervisor and 
employee's initials and date;
    7. Self-certification for home safety;
    8. Telework Training certificate (i.e., Home Safety Self-
certification checklist for home-based telecommuters; also known as 
Home Self-certification Form);
    9. Reasonable Accommodation Requests; and
    10. Rosters of teleworking employees maintained by the Bureaus and 
Offices (B/O) for (routine and emergency) contact purposes.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    The Telework Enhancement Act of 2010 (December 9, 2010); Public Law 
111-292, codified primarily at 5 U.S.C. 6501-6506.

PURPOSE(S):
    The FCC provides a telework program for Commission employees. The 
telework program is voluntary, but employees must qualify to 
participate in this program by: (1) Filling out FCC Telework Request 
Form and Agreement and Home Safety Self-Certification Checklist for 
Home-Based Telecommuters, and (2) completing telework training. This 
system covers the personally identifiable information (PII) that FCC 
employees must provide when they apply for permission to telework from 
home or at other FCC approved alternate worksite(s); and the terms and 
conditions that relate to this telework agreement. The FCC will use the 
information in the FCC Telework

[[Page 16009]]

Request Form and Agreement and related documentation to manage the 
telework program, to conduct telework evaluations and audits, and to 
prepare reports, as required by Congress and other Federal agencies, 
which include but are not limited to DOL, GAO, GSA, OMB, and OPM.
    The B/O may also maintain employee teleworking rosters for contact 
purposes.

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. The FCC will 
determine whether disclosure of the records is compatible with the 
purpose for which the records were collected in each of these cases.
    1. FCC Program Management--A record from this system may be 
accessed and used by the FCC's HRM and B/O supervisory staff in their 
duties associated with the management and operation of the FCC Telework 
Program participants for FCC employees. This information may be used to 
conduct audits, evaluations, and/or investigations of the telework 
program (for the purposes, which include, but are not limited to, 
eliminating waste, fraud, and abuse in the telework program). This 
information may be shared with an employee's supervisors or co-workers, 
staff in OMD, and/or the Office of Inspector General (OIG), as 
necessary;
    2. FCC Contractors--Records from this system (including paper 
documents and electronic records and data) may be disclosed to and used 
by contractors working at the FCC as required in the performance of 
their assigned duties as directed by the HRM and IT supervisors and 
staff;
    3. Congressional Investigations and Inquiries--A record from this 
system may be disclosed to either House of Congress, or, to the extent 
of matter within its jurisdiction, any committee or subcommittee 
thereof, for the purposes of an official Congressional investigation, 
which includes but is not limited to information concerning the FCC 
Telework Program, and/or in response to an inquiry made by an 
individual to the Congressional office for the individual's own 
records;
    4. Government-wide Program Management and Oversight--When requested 
by the National Archives and Records Administration (NARA), the Office 
of Personnel Management (OPM), the General Services Administration 
(GSA), and/or the Government Accountability Office (GAO) for the 
purpose of records management studies conducted under authority of 44 
U.S.C. 2904 and 2906 (such disclosure(s) shall not be used to make a 
determination about individuals); 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;
    5. General Services Administration (GSA)--A record from this system 
may be disclosed to GSA when FCC employees and contractors use a GSA 
approved alternate worksite for the purposes that include, but are not 
limited to security regulations, facilities management (that include, 
but are not limited to facility space allocation and management 
requirements, staffing requirements, and related work-space 
arrangements), and/or other GSA function(s); or when an emergency at 
the FCC headquarters and/or FCC facilities requires FCC employees to 
relocate to a GSA approved alternate worksite(s) until they can return 
to their normal FCC work location;
    6. Department of Labor--A record from this system may be disclosed 
to the Department of Labor (DOL) for telework labor management issues, 
which include but are not limited to when an employee sustains injuries 
while working at home, emergency office relocation requirements, and 
other issues that impact an employee teleworking at home or at approved 
alternate worksites.
    7. 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;
    8. 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;
    9. Department of Justice--A record from this system of records may 
be disclosed to the Department of Justice (DOJ) or in a proceeding 
before a court or adjudicative body when:
    (a) The United States, the Commission, a component of the 
Commission, or, when represented by the government, an employee of the 
Commission is a party to litigation or anticipated litigation or has an 
interest in such litigation, and
    (b) The Commission determines that the disclosure is relevant or 
necessary to the litigation;
    10. Breach of Federal Data--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;
    11. 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;
    12. Employment, Clearances, Licensing, Contract, Grant, or other 
Benefits Decisions by the agency--A record from this system may be 
disclosed to a Federal, State, local, foreign, tribal, or other public 
agency or authority 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

[[Page 16010]]

the issuance or retention of a grant, or other benefit; and
    13. Employment, Clearances, Licensing, Contract, Grant, or other 
Benefits Decisions by other than the agency--A record from this system 
may be disclosed to a Federal, State, local, foreign, tribal, or other 
public agency or 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.

DISCLOSURE TO CONSUMER REPORTING AGENCIES:
    None.

POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, 
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
    The information pertaining to the FCC Telework Program includes 
electronic records, files, and data and paper documents, records, and 
files. HRM and the B/O will jointly manage these electronic data and 
paper document files:
    1. The electronic data will be stored in the computer files housed 
in the FCC's computer network databases.
    2. The paper documents, files and records will be stored in filing 
cabinets in the HRM office suite and, in the appropriate B/O files, as 
applicable for teleworking employees.

RETRIEVABILITY:
    Information in the FCC Telework Program may be retrieved by various 
identifiers, including, but not limited to the individual's name, B/O, 
address, home phone number, and residential address, and supervisor's 
name.

SAFEGUARDS:
    Access to the electronic files is restricted to authorized HRM and 
B/O supervisors and staff, and the contractor's supervisors and staff, 
who manage the FCC computer network databases. The FCC requires that 
these computer network databases be protected by various security 
protocols and safeguards, which include, but are not limited to, 
controlled access, passwords, and other security features. In addition, 
data in the network servers are routinely backed-up. The servers are 
stored in a secured environment to protect the data.
    The paper documents, including all forms and related documentation, 
are maintained in file cabinets that are located in HRM and B/Os. The 
file cabinets are locked when not in use and at the end of the business 
day. Access to these files is restricted to authorized HRM, B/O 
supervisors, staff, and contractors. Only authorized staff may be 
granted access to contact rosters. Paper copies of such rosters must be 
under the control of the employee or locked in a secure container when 
not in use. Safeguards in place adhere to Federal standards, including 
the National Institute of Standard and Technology (NIST) and FCC 
standards.

RETENTION AND DISPOSAL:
    The National Archives and Records Administration (NARA) has not 
established a records schedule for the information in the FCC Telework 
Program. Consequently, the FCC will maintain the information in the 
telework program files until NARA approves the appropriate records 
schedule.

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; and Individual FCC Bureaus and Offices, Federal 
Communications Commission (FCC), 445 12th Street SW., Washington, DC 
20554.

NOTIFICATION PROCEDURE:
    Privacy Analyst, Information Technology (IT), Office of Managing 
Director (OMD), Federal Communications Commission (FCC), 445 12th 
Street SW., Washington, DC 20554.

RECORD ACCESS PROCEDURES:
    Privacy Analyst, Information Technology (IT), Office of Managing 
Director (OMD), Federal Communications Commission (FCC), 445 12th 
Street SW., Washington, DC 20554.

CONTESTING RECORD PROCEDURES:
    Privacy Analyst, Information Technology (IT), Office of Managing 
Director (OMD), Federal Communications Commission (FCC), 445 12th 
Street SW., Washington, DC 20554.

RECORD SOURCE CATEGORIES:
    The sources for the information in the FCC Telework Program 
include, but are not limited to:
    1. The information that the FCC employees are required to provide 
on the FCC Telework Request Form and Agreement, Telework Training 
Certificate, and Home Safety Self-Certification when they voluntarily 
seek to participate in the telework program; Reasonable Accommodations 
Requests; and
    2. Information related to an employee's application, which the 
supervisor may include as part of the terms and conditions for an 
employee's telework review and approval, disapproval, and/or renewal.

EXEMPTIONS CLAIMED FOR THE SYSTEM:
    None.

Federal Communications Commission.
Marlene H. Dortch,
Secretary.
[FR Doc. 2015-06935 Filed 3-25-15; 8:45 am]
 BILLING CODE 6712-01-P