[Federal Register Volume 89, Number 117 (Monday, June 17, 2024)]
[Notices]
[Pages 51338-51341]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[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 
[email protected].

FOR FURTHER INFORMATION CONTACT: Brendan McTaggart, (202) 418-1738, or 
[email protected] (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 
[email protected]. 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