[Federal Register Volume 88, Number 46 (Thursday, March 9, 2023)]
[Notices]
[Pages 14644-14647]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-04670]


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DEPARTMENT OF THE INTERIOR

National Indian Gaming Commission


Privacy Act of 1974; Notice of New System of Records

AGENCY: National Indian Gaming Commission, Department of the Interior.

ACTION: Notice of a new system of records.

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SUMMARY: In accordance with the Privacy Act of 1974, the National 
Indian Gaming Commission (NIGC) is issuing notice of its intent to 
establish a new system of records entitled, ``Payroll, Attendance, 
Retirement, and Leave Records--NIGC-3.'' This system of records will 
allow the NIGC to manage human resources and payroll functions and will 
be included in the NIGC's inventory of record systems.

DATES: This new system will become effective upon publication, except 
for its routine uses, which will become effective April 10, 2023. 
Please submit any public comment pertaining to this notice on or before 
April 10, 2023.

ADDRESSES: You may submit comments by any of the following methods:
    Mail: Privacy & Records Management Specialist, National Indian 
Gaming Commission, 1849 C Street NW, Mail Stop #1621, Washington DC 
20240.
    Email: [email protected].
    Fax: 202-632-7066.

FOR FURTHER INFORMATION CONTACT: Tim Osumi, Senior Agency Official for 
Privacy, National Indian Gaming Commission, 1849 C Street NW, Mail Stop 
#1621, Washington DC 20240, [email protected], 202-264-0676.

SUPPLEMENTARY INFORMATION: The NIGC is publishing this system of 
records notice for its employees' payroll and personnel related records 
that are hosted and/or processed by the Department of the Interior 
(DOI) Interior Business Center (IBC). The NIGC has entered into an 
agreement with the DOI IBC for such purpose. The DOI IBC is a Federal 
agency shared services provider that provides payroll and personnel 
processing services to internal and external customers, including other 
Federal agency customers, such as the NIGC. The IBC uses a system--the 
Federal Personnel and Payroll System (FPPS)--to perform these services. 
FPPS and its supporting systems manage payroll, time and attendance, 
and human capital management functions, meet regulatory requirements, 
and prepare reports to other Federal agencies. The NIGC payroll, 
attendance, retirement, and leave records described in this system of 
records notice form a part of the information contained in the FPPS. 
Associated personnel records also contained in the FPPS are covered 
under OPM/GOVT-1, General Personnel Records, a government-wide system 
of records notice published by the Office of Personnel Management.
    Although DOI hosts and processes payroll and personnel transactions 
on behalf of the NIGC, the NIGC retains ownership and control over its 
own records and is responsible for meeting requirements under the 
Privacy Act for the collection, maintenance and sharing of its records. 
Individuals seeking access to, notification or correction of their 
records owned and maintained by the NIGC must submit their requests to 
the NIGC in accordance with this system of records notice.

SYSTEM NAME AND NUMBER:
    Payroll, Attendance, Retirement, and Leave Records--NIGC-3.

SECURITY CLASSIFICATION:
    Unclassified.

SYSTEM LOCATION:
    This system is centrally-managed at NIGC headquarters, 90 K Street, 
Suite 200, Washington, DC 20002. Records are also located at other 
federal agency payroll service provider locations.

SYSTEM MANAGER:
    HR Coordinator, National Indian Gaming Commission, 90K Street NE, 
Suite 200, Washington, DC 20002. Tel: 202-632-7003.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    5 CFR part 293, subpart B, Personnel Records Subject to the Privacy 
Act; 5 CFR part 297, Privacy Procedures for Personnel Records; 
Executive Order 9397 as amended by Executive Order 13478, relating to 
Federal agency use of Social Security numbers; and 5 CFR part 515, NIGC 
Privacy Act Procedures.

PURPOSE(S) OF THE SYSTEM:
    The primary purpose of the system is to manage personnel and 
payroll functions, to ensure proper payment for salary and benefits, 
track time and attendance, retirement, leave, and other absences for 
reporting and compliance purposes; and facilitate reporting 
requirements to other Federal agencies, for payroll and tax purposes.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Individuals covered by the system include current and former NIGC 
employees and applicants for Federal employment. This system may also 
include limited information regarding employee spouses, dependents, 
emergency contacts, beneficiaries, or estate trustees who meet the 
definition of ``individual'' as defined in the Privacy Act.

CATEGORIES OF RECORDS IN THE SYSTEM:
    This system maintains records including:
    Employee biographical and employment information: Employee name, 
other names used, citizenship, gender, date of birth, age, group 
affiliation, marital status, Social Security number (SSN), truncated 
SSN, legal status, place of birth, records related to position, 
occupation, duty location, security clearance, financial information, 
medical information, disability information, education information, 
driver's license, race, ethnicity, personal or work telephone number, 
personal or work email address, military status and service, home or 
mailing address, Taxpayer Identification Number (TIN), bank account 
information, professional licensing and credentials, family 
relationships, involuntary debt (garnishments or child support 
payments), employee common identifier (ECI), organization code, user 
identification and any other employment information.
    Third-party information: Spouse information, emergency contact, 
beneficiary information, savings bond co-owner name(s) and information, 
and family members and dependents information.
    Salary and benefits information: Salary data, retirement data, tax 
data,

[[Page 14645]]

deductions, health benefits, allowances, insurance data, Flexible 
Spending Account, Thrift Savings Plan information and contributions, 
pay plan, payroll records, awards, court order information, back pay 
information, debts owed to the government as a result of overpayment, 
refunds owed, or a debt referred for collection on a transferred 
employee.
    Timekeeping information: Time and attendance records, and leave 
records.
    This system may also contain correspondence, documents and other 
information required to administer payroll, leave, and related 
functions.

RECORD SOURCE CATEGORIES:
    Information is obtained from individuals on whom the records are 
maintained, official personnel records of individuals on whom the 
records are maintained, supervisors, timekeepers, previous employers, 
the Internal Revenue Service and state tax agencies, the Department of 
the Treasury, other Federal agencies, courts, state child support 
agencies, employing agency accounting offices, and third-party benefit 
providers.

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 maintained in this system may be disclosed to authorized 
entities outside NIGC for purposes determined to be relevant and 
necessary as a routine use pursuant to 5 U.S.C. 552a(b)(3) as follows:
    1. To the Department of Justice (DOJ), including Offices of the 
U.S. Attorneys, or other Federal agency conducting litigation or in 
proceedings before any court, adjudicative, or administrative body, 
when it is relevant or necessary to the litigation and one of the 
following is a party to the litigation or has an interest in such 
litigation:
    (a) NIGC;
    (b) Any other Federal agency appearing before the Office of 
Hearings and Appeals;
    (c) Any NIGC employee or former employee acting in his or her 
official capacity;
    (d) Any NIGC employee or former employee acting in his or her 
individual capacity when NIGC or DOJ has agreed to represent that 
employee; or
    (e) The United States Government or any agency thereof, when DOJ 
determines that NIGC is likely to be affected by the proceeding.
    2. To the Department of the Interior or other Federal agency as 
required for payroll purposes, for preparation of payroll and other 
checks and electronic funds transfers to Federal, State, and local 
government agencies, non-governmental organizations, and individuals.
    3. To the Department of the Treasury, Internal Revenue Service, and 
state and local tax authorities for which an employee is or was subject 
to tax regardless of whether tax is or was withheld in accordance with 
Treasury Fiscal Requirements, as required.
    4. To the Office of Personnel Management or its contractors in 
connection with programs administered by that office, including, but 
not limited to, the Federal Long Term Care Insurance Program, the 
Federal Dental and Vision Insurance Program, the Flexible Spending 
Accounts for Federal Employees Program, and the electronic Human 
Resources Information Program.
    5. To another Federal agency to which an employee has transferred.
    6. To any criminal, civil, or regulatory law enforcement authority 
(whether Federal, state, territorial, local, tribal or foreign) when a 
record, either alone or in conjunction with other information, 
indicates a violation or potential violation of law--criminal, civil, 
or regulatory in nature.
    7. To a congressional office in response to a written inquiry that 
an individual covered by the system, or the heir of such individual if 
the covered individual is deceased, has made to the office.
    8. To Federal, State, local or tribal agencies where necessary to 
enable the employee's agency to obtain information relevant to the 
hiring or retention of that employee, or the issuance of a security 
clearance, contract, license, grant or other benefit.
    9. To appropriate Federal and state agencies to provide reports 
including data on unemployment insurance.
    10. To the Social Security Administration to credit the employee or 
emergency worker account for Old-Age, Survivors, and Disability 
Insurance (OASDI) and Medicare deductions.
    11. To insurance carriers to report employee election information 
and withholdings for health insurance.
    12. To charitable institutions when an employee designates an 
institution to receive contributions through salary deduction.
    13. To the Department of the Treasury, Internal Revenue Service, or 
to another Federal agency or its contractor, to disclose debtor 
information solely to aggregate information for the Internal Revenue 
Service to collect debts owed to the Federal Government through the 
offset of tax refunds.
    14. To any creditor Federal agency seeking assistance for the 
purpose of that agency implementing administrative or salary offset 
procedures in the collection of unpaid financial obligations owed the 
United States Government from an individual.
    15. To any Federal agency where the individual debtor is employed 
or receiving some form of remuneration for the purpose of enabling that 
agency to collect debts on the employee's behalf by administrative or 
salary offset procedures under the provisions of the Debt Collection 
Act of 1982.
    16. To the Department of the Treasury, Internal Revenue Service, 
and state and local authorities for the purpose of locating a debtor to 
collect a claim against the debtor.
    17. To the Federal Retirement Thrift Investment Board's record 
keeper, which administers the Thrift Savings Plan, to report 
deductions, contributions, and loan payments.
    18. 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 of 
1996.
    19. To an expert, consultant, or contractor (including employees of 
the contractor) of NIGC that performs services requiring access to 
these records on NIGC's behalf to carry out the purposes of the system, 
including employment verifications, unemployment claims, processing 
services, leave and earning statements, and 1095-C Affordable Care Act 
statements.
    20. To the Office of Personnel Management Employee Express, which 
is an employee self-service system, to initiate personnel and payroll 
actions and to obtain payroll information.
    21. To the Department of Labor for processing claims for employees 
injured on the job or claiming occupational illness.
    22. To Federal agencies and organizations to support interfaces 
with other systems operated by the Federal agencies for which the 
employee is employed or located for the purpose of avoiding 
duplication, increasing data integrity and streamlining government 
operations.
    23. To another Federal agency to provide information needed in the

[[Page 14646]]

performance of official duties related to reconciling or reconstructing 
data files or to enable that agency to respond to an inquiry by the 
individual to whom the record pertains.
    24. To the National Archives and Records Administration (NARA) to 
conduct records management inspections under the authority of 44 U.S.C. 
2904 and 2906.
    25. To the Office of Management and Budget (OMB) during the 
coordination and clearance process in connection with legislative 
affairs as mandated by OMB Circular A-19.
    26. To Federal, state, territorial, local, tribal, or foreign 
agencies that have requested information relevant or necessary to the 
hiring, firing or retention of an employee or contractor, regarding the 
issuance of a security clearance, license, contract, grant or other 
benefit.
    27. To state, territorial, and local governments, and tribal 
organizations to provide information needed in response to court order 
and/or discovery purposes related to litigation, when the disclosure is 
compatible with the purpose for which the records were compiled.
    28. To the Department of the Treasury to recover debts owed to the 
United States.
    29. To the news media and the public, with the approval of the 
Public Affairs Officer in consultation with the General Counsel and the 
Senior Agency Official for Privacy, where there exists a legitimate 
public interest in the disclosure of the information or when disclosure 
is necessary to preserve confidence in the integrity of NIGC or is 
necessary to demonstrate the accountability of NIGC's officers, 
employees, or individuals covered by the system, except to the extent 
it is determined that release of the specific information in the 
context of a particular case would constitute an unwarranted invasion 
of personal privacy.
    30. To the Executive Office of the President in response to an 
inquiry from that office made at the request of the subject of a record 
or a third party on that person's behalf, or for a purpose compatible 
with the reason for which the records are collected or maintained.
    31. To the Office of Personnel Management, the Merit System 
Protection Board, Federal Labor Relations Authority, or the Equal 
Employment Opportunity Commission when requested in the performance of 
their authorized duties.
    32. To state offices of unemployment compensation to assist in 
processing an individual's unemployment, survivor annuity, or health 
benefit claim, or for records reconciliation purposes.
    33. To Federal Employees' Group Life Insurance or Health Benefits 
carriers in connection with survivor annuity or health benefits claims 
or records reconciliations.
    34. To any source from which additional information is requested by 
NIGC relevant to a NIGC determination concerning an individual's pay, 
leave, or travel expenses, to the extent necessary to identify the 
individual, inform the source of the purpose(s) of the request, and to 
identify the type of information requested.
    35. To the Social Security Administration and the Department of the 
Treasury to disclose pay data on an annual basis, and as necessary to 
execute their statutory responsibilities for the effective 
administration of benefits programs, payroll and taxes.
    36. To a Federal agency or in response to a congressional inquiry 
when additional or statistical information is requested relevant to a 
Federal benefit or program, such as the NIGC Transit Fare Subsidy 
Program.
    37. To the Department of Health and Human Services for the purpose 
of providing information on new hires and quarterly wages as required 
under the Personal Responsibility and Work Opportunity Reconciliation 
Act of 1996.
    38. To appropriate agencies, entities, and persons when:
    (a) NIGC suspects or has confirmed that there has been a breach of 
the system of records;
    (b) NIGC has determined that as a result of the suspected or 
confirmed breach there is a risk of harm to individuals, NIGC 
(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 NIGC's efforts to 
respond to the suspected or confirmed breach or to prevent, minimize, 
or remedy such harm.
    39. To another Federal agency or Federal entity, when NIGC 
determines that information from this system of records 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, programs, and operations), the Federal Government, or national 
security, resulting from a suspected or confirmed breach.
    40. To an agency or organization for the purpose of performing 
audit or oversight operations as authorized by law, but only such 
information as is necessary and relevant to such audit or oversight 
function.
    41. To a court, magistrate, or administrative tribunal, including 
disclosures to opposing counsel in the course of discovery, pursuant to 
appropriate court order or other judicial process in the course of 
criminal, civil or administrative litigation.
    42. In an appropriate proceeding before a court, grand jury, or 
administrative or adjudicative body, when the Department of Justice 
determines that the records are arguably relevant to the proceeding; or 
in an appropriate proceeding before an administrative or adjudicative 
body when the adjudicator determines the records to be relevant to the 
proceeding.
    43. To the Department of the Interior or other Federal agency 
operating as a shared service provider under a cross-servicing 
agreement with NIGC for purposes relating to the processing and 
maintenance of these records, to reconstitute the system in case of 
system failure or helpdesk request, and to ensure the integrity and 
effective management of the system of records.

POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
    Records are maintained in manual, microfilm, microfiche, 
electronic, imaged and computer printout form. Original input documents 
are stored in standard office filing equipment and/or as imaged 
documents on magnetic media at all locations which prepare and provide 
input documents and information for data processing. Paper records are 
maintained in file folders stored within locking filing cabinets or 
locked rooms in secured facilities with controlled access. Electronic 
records are stored in computers, removable drives, storage devices, 
electronic databases, and other electronic media.

POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
    Records may be retrieved by employee name, SSN, TIN, ECI, birth 
date, organizational code, or assigned person number.

POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
    Records are maintained in accordance with General Records Schedule 
(GRS) 1.0 ``Finance'' and GRS 2.0 ``Human Resources.'' The records are 
temporary records. Paper records are disposed of by shredding or 
pulping, and records maintained on electronic media are degaussed or 
erased in accordance with

[[Page 14647]]

the applicable records retention schedule and NARA guidelines.

ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
    Access to records in the system is limited to authorized personnel 
who have a need to access the records in the performance of their 
official duties, and each person's access is restricted to only the 
functions and data necessary to perform that person's job 
responsibilities. Paper or micro format records are maintained in 
locked file cabinets in secured rooms under the control of authorized 
personnel. Computer servers on which electronic records are stored are 
located in secured facilities with physical, technical and 
administrative levels of security to prevent unauthorized access to the 
information network and information assets. Security controls include 
encryption, firewalls, audit logs, and network system security 
monitoring. Electronic data is protected through user identification, 
passwords, database permissions and software controls. System 
administrators and authorized users are trained and required to follow 
established internal security protocols and must complete all security, 
privacy, and records management training, and sign system Rules of 
Behavior. Information technology systems adhere to: National Institute 
of Standards and Technology privacy and security; the Paperwork 
Reduction Act of 1995, Public Law 104-13; the Federal Information 
Security Modernization Act of 2014, Public Law 113-283, as codified at 
44 U.S.C. 3551, et seq.; and the Federal Information Processing 
Standard 199, Standards for Security Categorization of Federal 
Information and Information Systems.

RECORD ACCESS PROCEDURES:
    Requests must meet the requirements of NIGC regulations that 
implement the Privacy Act of 1974, at 25 CFR part 515; specifically, 25 
CFR 515.3.

CONTESTING RECORD PROCEDURES:
    Requests for correction or amendment must identify the record to be 
changed and the corrective action sought. Such requests must satisfy 
the NIGC Privacy Act procedures in NIGC's Privacy Act regulations at 25 
CFR part 515, particularly 25 CFR 515.6.

NOTIFICATION PROCEDURES:
    Any individual who wants to know whether this system of records 
contains a record about themselves, can make a request pursuant to the 
NIGC Privacy Act regulations at 25 CFR 515.3.

EXEMPTIONS PROMULGATED FOR THE SYSTEM:
    None.

HISTORY:
    None.

E. Sequoyah Simermeyer,
Chairman, National Indian Gaming Commission.
[FR Doc. 2023-04670 Filed 3-8-23; 8:45 am]
BILLING CODE 7565-01-P