Privacy Act of 1974; Systems of Records, 4880-4885 [2011-1811]

Agencies

• Election Assistance Commission

[Federal Register Volume 76, Number 18 (Thursday, January 27, 2011)]
[Notices]
[Pages 4880-4885]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-1811]


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ELECTION ASSISTANCE COMMISSION


Privacy Act of 1974; Systems of Records

AGENCY: U.S. Election Assistance Commission.

ACTION: Notice of Privacy Act Systems of Records.

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SUMMARY: Pursuant to the Privacy Act of 1974, 5 U.S.C. 552a(e)(4) and 
(11), Federal agencies are required to publish in the Federal Register 
a notice of the existence and character of systems of records agencies 
maintain on individuals. In this notice, EAC provides the required 
information for 5 such systems of records that are not otherwise 
covered by an existing Government-wide system of records notice. See 
GOVERNMENT-WIDE SYSTEMS OF RECORDS, below.

DATES: Effective Date:
    The proposed systems of records and routine uses included in this 
notice will be effective without further notice on March 8, 2011 unless 
comments received require a contrary determination.

ADDRESSES: Send written comments to Ms. Stacie Fabre, 1201 New York 
Avenue, NW., Suite 300, Washington, DC 20005. Comments may also be 
transmitted by facsimile to Ms. Fabre's attention at (202) 566-5542; or 
via electronic mail at sfabre@eac.gov, with ``Comments on Privacy Act 
Systems of Records Notice'' in the subject line. All comments must be 
sent or postmarked no later than 11:59 p.m. EDT on March 8, 2011.

FOR FURTHER INFORMATION CONTACT: Ms. Stacie Fabre by telephone at (202) 
566-3105, or by electronic mail at sfabre@eac.gov.

SUPPLEMENTARY INFORMATION: The Privacy Act of 1974, at 5 U.S.C. 
552a(e)(4) and (11), directs each federal agency to provided notice to 
the public of systems of records it maintains on individuals. 
Accordingly, notice is hereby given of 5 systems of records maintained 
by EAC as described below. This notice also describes proposed routine 
uses of each system and provides contact information for inquiries. 
Following is a preliminary statement and the complete text of the 5 EAC 
systems of records. Of note, EAC maintains Federal Advisory Committee 
Act records for three statutory boards: (1) Board of Advisors; (2) 
Standards Board; and (3) Technical Guidelines Development Committee. 
However, EAC has not established systems of records for these boards 
because personally-identifiable information generated by EAC's business 
with its boards is maintained either in a government-wide system of 
records or in one of the 5 EAC systems of records.

Thomas R. Wilkey,
Executive Director, U.S. Election Assistance Commission.

NOTICE OF SYSTEMS OF RECORDS; PRELIMINARY STATEMENT GOVERNMENT-WIDE 
SYSTEMS OF RECORDS:
    In addition to the internal systems of records described below, the 
U.S. Election Assistance Commission (EAC) also maintains certain 
records covered by existing government-wide systems of records. 
Government-wide systems of records are established by federal agencies 
that are responsible for government-wide functions. Examples of 
agencies with government-wide functions are the Office of Personnel 
Management, the Office of Government Ethics, and the Department of 
Labor. Government-wide systems of records are described in notices 
published by the establishing agencies. While the establishing agency 
creates and administers the system, the actual records are physically 
maintained by agencies throughout the government. Requests for EAC 
records covered by a government-wide system of records should be 
directed to EAC pursuant to EAC's Privacy Act regulations at 11 CFR 
part 9410. In accordance with Office of Management and Budget (OMB) 
Circular No. A-130, EAC is not creating or publishing notices for the 
government-wide functions described in the following systems of records 
notices:
    (1) DOL/GOVT-1: Office of Worker's Compensation Programs, Federal 
Employees' Compensation Act File, 67 FR 16815 (April 8, 2002);
    (2) DOT/ALL-8: Employee Transportation Facilitation, 65 FR 19475 
(April 11, 2000);
    (3) EEOC/GOVT-1: Equal Employment Opportunity in the Federal 
Government Complaint and Appeal Records, 67 FR 49338 (July 30, 2002);
    (4) EPA-GOVT-2: Federal Docket Management System (FDMS), 70 FR 
15086 (March 24, 2005);
    (5) GSA/GOVT-2: Employment Under Commercial Activities Contracts, 
48 FR 6176 (February 10, 1983);
    (6) GSA/GOVT-3: Travel Charge Card Program, 69 FR 4517 (January 30, 
2004);
    (7) GSA/GOVT-4: Contracted Travel Services Program, 71 FR 48764 
(August 2, 2006);
    (8) GSA/GOVT-5: Access Certificates for Electronic Services, 64 FR 
29032 (May 8, 1999);
    (9) GSA/GOVT-6: GSA SmartPay Purchase Charge Card Program, 71 FR 
64707 (November 3, 2006);

[[Page 4881]]

    (10) GSA/GOVT-7: Personal Identity Verification Identity Management 
System (PIV IDMS), 71 FR 56983 (September 28, 2006);
    (11) GSA/GOVT-8: Excluded Parties List System (EPLS), 71 FR 70515 
(December 5, 2006);
    (12) MSPB/GOVT-1: Appeals and Case Records, 67 FR 70254 (November 
21, 2002);
    (13) OGE/GOVT-1: Executive Branch Public Financial Disclosure 
Reports and Other Name-Retrieved Ethics Program Records, 68 FR 3097 
(January 22, 2003), 68 FR 24722 (May 8, 2003);
    (14) OGE/GOVT-2: Executive Branch Confidential Financial Disclosure 
Reports, 68 FR 3097 (January 22, 2003), 68 FR 24722 (May 8, 2003);
    (15) OPM/GOVT-1: General Personnel Records, 71 FR 35356 (June 19, 
2006);
    (16) OPM/GOVT-2: Employee Performance File System Records, 65 FR 
24732 (April 27, 2000);
    (17) OPM/GOVT-3: Records of Adverse Actions, Performance Based 
Reduction in Grade and Removal Actions, and Terminations of 
Probationers, 65 FR 24732 (April 27, 2000);
    (18) OPM/GOVT-5: Recruiting, Examining, and Placement Records, 71 
FR 35351 (June 19, 2006);
    (19) OPM/GOVT-9: File on Position Classification Appeals, Job 
Grading Appeals, and Retained Grade or Pay Appeals, and Fair Labor 
Standards Act (FLSA) Claims and Complaints, 71 FR 35358 (June 19, 
2006);
    (20) OPM/GOVT-10: Employee Medical File System Records, 75 FR 35099 
(June 21, 2010); and
    (21) OSC/GOVT-1: OSC Complaint Litigation and Political Activity 
Files, 64 FR 63359 (November 19, 1999).

STATEMENT OF GENERAL ROUTINE USES:
    In addition to the disclosures permitted pursuant to 5 U.S.C. 
552a(b), EAC hereby gives notice of the following general routine uses. 
These general routine uses are incorporated by reference into each 
system of records described in this notice. Routine uses described in a 
specific system of records in this notice are in addition to the list 
of the following general routine uses; unless the routine use described 
in a specific system of records in this notice expressly supersedes the 
following general routine uses.
    (1) In the event that a record in a system indicates any violation 
or potential violation of the law, whether civil, criminal, or 
regulatory in nature, and whether arising by statute, or by regulation, 
rule, or order issued pursuant thereto, the relevant record may be 
referred by authorized EAC personnel as a routine use to the 
appropriate agency, whether Federal state, local, or foreign, charged 
with the responsibility for investigating or prosecuting such 
violation, or charged with enforcing or implementing the statute, rule, 
regulation, or order issued pursuant thereto. Such referral shall also 
include and be deemed to authorize any and all appropriate and 
necessary uses of such record in a court of law or before an 
administrative board or hearing.
    (2) A record covered by a system may be disclosed by authorized EAC 
personnel as a routine use to designated officers and employees of 
other agencies and Departments of the federal government having an 
interest in the individual for employment purposes, including, but not 
limited to, the hiring or retention of any employee, the issuance of a 
security clearance, the letting of a contract, or the issuance of a 
license, grant, or other benefit by the requesting agency, to the 
extent that the information is relevant and necessary to the requesting 
agency's decision on the matter involved.
    (3) Disclosure of information by authorized EAC personnel to the 
Department of Justice, or in a proceeding before a court, adjudicative 
body, or other administrative body before which EAC is authorized or 
required to appear, when:
    (a) EAC, or any component thereof; or
    (b) Any employee of EAC in his or her official capacity; or
    (c) Any employee of EAC in his or her individual capacity where the 
Department of Justice or EAC has agreed to represent the employee; or
    (d) The United States, when EAC determines litigation is likely to 
affect EAC or any of its components, is a party to litigation or has an 
interest in such litigation, and EAC determines that the use of such 
records by the Department of Justice or EAC is relevant and necessary 
to the litigation; provided, however, that in each case EAC determines 
that the disclosure is compatible with the purpose for which the 
records were collected;
    (4) Any record in any system of records may be disclosed by 
authorized EAC personnel as a routine use to the National Archives and 
Records Administration in the course of records management inspections 
conducted under the authority of 44 U.S.C. 2904 and 2096.
    (5) Information from any system of records may be released by 
authorized EAC personnel to internal or external auditors in the 
conduct of an audit of EAC operations or accounts, but only to the 
extent that the information is relevant to and necessary for the 
conduct of the audit.
    (6) Information from any system of records may be released by 
authorized EAC personnel to General Services Administration (GSA) staff 
so that GSA may carry out various small agency support services. These 
services include, but are not limited to, payroll processing, debt 
collection, timekeeping, benefits administration, processing and paying 
invoices, and obligating funds.
    Information from any system of records may be released by 
authorized EAC personnel to the Office of the Inspector General (OIG), 
to the extent necessary to comply with an authorized OIG oversight 
function.

STORAGE:
    These records are maintained in hard copy files in locked file 
cabinets when not in immediate use; in electronic format on servers, 
data disks, and encrypted thumb drives with controlled access.

NOTIFICATION PROCEDURES:
    Any individual may request the Commission to inform him or her 
whether a particular record system named by the individual contains a 
record pertaining to him or her. The request may be made in person or 
in writing at the location of the record system and to the person 
specified in the notice describing that record system. Requests 
concerning whether a government-wide system or records maintained by 
EAC contains information pertaining to the requester may be made in-
person or by sending the request to the Executive Director, U.S. 
Election Assistance Commission, 1201 New York Avenue, NW., Suite 300, 
Washington, DC 20005. In the case where an individual believes EAC 
maintains records pertaining to him or her but cannot determine which 
record system contains those records, the individual may request 
assistance in-person or by sending the request to the Executive 
Director, U.S. Election Assistance Commission, 1201 New York Avenue, 
NW., Suite 300, Washington, DC 20005.

RECORD ACCESS PROCEDURES:
    Individuals wishing to access their records should contact EAC as 
specified in the Notification Procedure, above; and in EAC's Privacy 
Act regulations at 11 CFR 9410. Individuals must furnish all of the 
information specified at 11 CFR 9410.3-11 CFR part 9410.5 for their 
records to be located and identified. Requesters must also provide 
proof of

[[Page 4882]]

their identity prior to receiving access to a record, pursuant to 11 
CFR 9410.4.

CONTESTING RECORDS PROCEDURES:
    Individuals wishing to request amendment or correction of their 
records in a system of records maintained by EAC should contact the 
appropriate system manager, as described above. Individuals must 
furnish all of the information specified in the Notification Procedure, 
and comply with EAC's Privacy Act regulations at 11 CFR part 9410 to 
ensure that their records can be identified and located.
EAC-1

SYSTEM NAME:
    Employee Pay and Leave Record Files.

SYSTEM LOCATION:
    Located in hard copy files at 1201 New York Avenue, NW., Suite 300, 
Washington, DC 20005; in electronic format on secured servers, data 
disks, and encrypted thumb drives with controlled access. EAC enters 
pay and leave information onto a General Services Administration (GSA)-
maintained system. See GSA's Privacy Act systems of records notices for 
GSA's system location and associated information.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    EAC employees and personal services contractors.

CATEGORIES OF RECORDS IN THE SYSTEM:
    Records regarding time and attendance and pay.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    The Budget and Accounting Procedures Act of 1950, as amended. 31 
U.S.C. 3511, et seq.

PURPOSE:
    To provide a system whereby EAC can track employees' payroll and 
leave information.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND THE PURPOSES OF SUCH USES:
    Information from these records is routinely provided to (1) the 
General Services Administration for accounting, payroll, and debt 
collection purposes; (2) the U.S. Department of the Treasury for 
payroll, (3) the Internal Revenue Service for tax deductions and 
withholding, and (4) participating insurance companies holding policies 
with respect to EAC employees. See also General Routine Uses contained 
in the Preliminary Statement. Users include Human Resources personnel 
within EAC for the purpose of administering the agency's time and 
attendance process; designated EAC staff for the purpose of entering 
time and attendance information into the GSA-maintained system; and EAC 
managers and supervisors for the purpose of certifying time and 
attendance data for their respective employees.

POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, 
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
    Records are maintained in file folders in locked file cabinets in 
Human Resources staff offices. Copies of individual time and attendance 
records may be maintained by designated agency timekeepers and are 
stored in locked file cabinets. Electronic records are maintained in a 
secure password protected environment and maintained with safeguards 
meeting the security requirements of the Federal Information Security 
Management Act (FISMA) of 2002.

RETRIEVABILITY:
    Records are retrieved by last name.

SAFEGUARDS:
    EAC staff maintain hard copy files in locked file cabinets in 
controlled access offices located in the Human Resources Division. 
Human Resources staff who telecommute may possess hard copy files (or 
copies of such files) at alternative worksites and are provided 
instructions concerning how to maintain such information in a secure 
manner. EAC staff maintain electronic files in a controlled access 
environment. System managers determine user permission levels based on 
staff duties and responsibilities. Only those staff authorized to 
perform tasks associated with information contained in this system of 
records have permission to access and maintain these files. Network 
users are also notified when they log in to EAC systems that improper 
use of EAC electronic systems may violate applicable law and subject 
employees to disciplinary action. EAC staff who access electronic files 
remotely may only do so by connecting to EAC's servers via a secure 
remote password-protected connection.

RETENTION AND DISPOSAL:
    Records in this system are maintained in accordance with the 
applicable National Archives and Records Administration Records 
Schedule.

SYSTEM MANAGER(S) AND ADDRESS:
    Human Resources Director, U.S. Election Assistance Commission, 1201 
New York Avenue, NW., Suite 300, Washington, DC 20005.

NOTIFICATION PROCEDURE:
    See Preliminary Statement.

RECORD ACCESS PROCEDURES:
    See Preliminary Statement.

CONTESTING RECORD PROCEDURES:
    See Preliminary Statement.

RECORD SOURCE CATEGORIES:
    EAC employees and personal services contractors.

EXEMPTIONS CLAIMED FOR THE SYSTEM:
    None.
EAC-2

SYSTEM NAME:
    Freedom of Information Act (FOIA) and Privacy Act (PA) Request 
Files.

SYSTEM LOCATION:
    Located in hard copy files at 1201 New York Avenue, NW., Suite 300, 
Washington, DC 20005; in electronic format on secured servers, data 
disks, and encrypted thumb drives with controlled access.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Persons who have submitted Privacy Act requests, Freedom of 
Information Act requests, or correspondence concerning such requests.

CATEGORIES OF RECORDS IN THE SYSTEM:
    Correspondence, formal requests, research, legal memoranda, written 
decisions, and appeals of agency decisions for FOIA and PA requests.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    The Privacy Act of 1974, 5 U.S.C. 552a; the Freedom of Information 
Act, 5 U.S.C. 552.

PURPOSE:
    To maintain files of FOIA/PA requests for annual reports and 
tracking.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND THE PURPOSES OF SUCH USES:
    Information from these records is routinely provided to FOIA 
requesters and Privacy Act requesters; individuals named in the FOIA 
request; EAC staff assigned to help process, consider, and respond to 
such requests, including any appeals. Information may also be provided 
to the United States Attorney General or other federal officials to 
fulfill EAC's annual reporting requirements; or to Congressional 
members, Committees, or staff in response to a Congressional request.

[[Page 4883]]

POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, 
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
    Hard copy records are maintained in file folders in locked cabinets 
in FOIA Officer, Privacy Act Officer, and Office of General Counsel 
staff offices. Materials responsive to a FOIA or Privacy Act request 
are also maintained by each individual respondent in locked file 
cabinets. Electronic records are maintained in a secure password 
protected environment and maintained with safeguards meeting the 
security requirements of the Federal Information Security Management 
Act (FISMA) of 2002.

SAFEGUARDS:
    EAC staff maintain hard copy files in locked file cabinets in 
controlled access offices by FOIA Officers, the Privacy Act Officer, 
the Office of the General Counsel offices. EAC staff maintain 
electronic files in a controlled access environment. System managers 
determine user permission levels based on staff duties and 
responsibilities. Only those staff authorized to perform tasks 
associated with information contained in this system of records have 
permission to access and maintain these files. Network users are also 
notified when they log in to EAC systems that improper use of EAC 
electronic systems may violate applicable law and subject employees to 
disciplinary action. EAC staff who access electronic files remotely may 
only do so by connecting to EAC's servers via a secure remote password-
protected connection.

RETRIEVABILITY:
    Records are retrieved by number and year.

RETENTION AND DISPOSAL:
    Records in this system are maintained in accordance with the 
applicable National Archives and Records Administration Records 
Schedule.

SYSTEM MANAGER(S) AND ADDRESS:
    For FOIA: Chief FOIA Officer, U.S. Election Assistance Commission, 
1201 New York Avenue, NW., Suite 300, Washington, DC 20005. For Privacy 
Act: Privacy Act Officer, U.S. Election Assistance Commission, 1201 New 
York Avenue, NW., Suite 300, Washington, DC 20005.

NOTIFICATION PROCEDURE:
    See Preliminary Statement.

RECORD ACCESS PROCEDURES:
    See Preliminary Statement.

CONTESTING RECORD PROCEDURES:
    See Preliminary Statement.

RECORD SOURCE CATEGORIES:
    Information in this system is obtained from documents submitted by 
individuals, and in some cases, organizations, requesting information 
related to FOIA or the Privacy Act. Sources also include EAC employees 
in some instances.

EXEMPTIONS CLAIMED FOR THE SYSTEM:
    None.
EAC-3

SYSTEM NAME:
    Financial Management Files.

SYSTEM LOCATION:
    Located in hard copy files at 1201 New York Avenue, NW., Suite 300, 
Washington, DC 20005; in electronic format on secured servers, data 
disks, and encrypted thumb drives with controlled access. EAC transmits 
payment, obligation, and financial information to the General Services 
Administration (GSA) in hard copy and electronically for processing. 
See GSA's Privacy Act systems of records notices for GSA's system 
location and associated information.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Individuals with whom EAC conducts financial transactions that are 
not otherwise covered by a government-wide system of records. This 
system of records does not cover individuals serving as personal 
services contractors. See Government-wide systems of records notices 
and notice EAC-1 for records concerning individuals who are personal 
services contractors.

CATEGORIES OF RECORDS IN THE SYSTEM:
    Correspondence, banking and financial information, invoices, legal 
memoranda, and other records associated with EAC's financial management 
functions.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    The Budget and Accounting Procedures Act of 1950, as amended. 31 
U.S.C. 3511, et seq.

PURPOSE:
    Information in this system is used to facilitate day-to-day 
financial management operations and for purposes of review, analysis, 
and planning by financial management personnel. Data in this system may 
also be used to prepare financial statements and other reports 
concerning obligations and payments from EAC appropriated funds.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND THE PURPOSES OF SUCH USES:
    Data may be disclosed to the U.S. Department of Justice, the 
Department of the Treasury, the General Services Administration, or the 
Government Accountability Office (GAO) in connection with payment and 
debt collection activities. Information may also be disclosed to Office 
of the Inspector General personnel and independent outside auditors in 
conjunction with reviewing EAC financial management controls and 
statements. Users include financial management personnel for purposes 
of administrating EAC funds; and other EAC personnel with 
responsibilities for overseeing financial management and internal 
control functions.

POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, 
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
    Records are maintained in file folders in locked file cabinets in 
Procurement and financial management staff offices. Electronic records 
are maintained in a secure password protected environment and 
maintained with safeguards meeting the security requirements of the 
Federal Information Security Management Act (FISMA) of 2002.

SAFEGUARDS:
    EAC staff maintain hard copy files in locked file cabinets in 
controlled access offices by financial management staff. EAC staff 
maintain electronic files in a controlled access environment. System 
managers determine user permission levels based on staff duties and 
responsibilities. Only those staff authorized to perform tasks 
associated with information contained in this system of records have 
permission to access and maintain these files. Network users are also 
notified when they login to EAC systems that improper use of EAC 
electronic systems may violate applicable law and subject employees to 
disciplinary action. EAC staff who access electronic files remotely may 
only do so by connecting to EAC's servers via a secure remote password-
protected connection.

RETRIEVABILITY:
    Records are retrieved by name and by Tax Identification Number.

RETENTION AND DISPOSAL:
    Records in this system are maintained in accordance with the 
applicable National Archives and Records Administration Records 
Schedule.

[[Page 4884]]

SYSTEM MANAGER(S) AND ADDRESS:
    Executive Director, U.S. Election Assistance Commission, 1201 New 
York Avenue, NW., Suite 300, Washington, DC 20005. After receipt, the 
Executive Director will direct records requests to the appropriate 
financial management staff with responsibility for the specific records 
that are the subject of the request.

NOTIFICATION PROCEDURE:
    See Preliminary Statement.

RECORD ACCESS PROCEDURES:
    See Preliminary Statement.

CONTESTING RECORD PROCEDURES:
    See Preliminary Statement.

RECORD SOURCE CATEGORIES:
    Information in this system is obtained from documents submitted by 
individuals covered by the system as well as documents issued by EAC 
financial management staff.

EXEMPTIONS CLAIMED FOR THE SYSTEM:
    None.
EAC-4

SYSTEM NAME:
    Election Assistance Commission Federal Financial Assistance and 
HAVA Grantee Files.

SYSTEM LOCATION:
    Located in hard copy files at 1201 New York Avenue, NW., Suite 300, 
Washington, DC 20005; in electronic format on secured servers, data 
disks, and encrypted thumb drives with controlled access.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Individuals with whom EAC does business for purposes of providing 
Federal financial assistance and awarding grants.

CATEGORIES OF RECORDS IN THE SYSTEM:
    Grantee, federal financial assistance, and peer reviewer 
applications, financial and banking information, correspondence, and 
legal memoranda.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    The Budget and Accounting Procedures Act of 1950, as amended. 31 
U.S.C. 3511, et seq.

PURPOSE:
    The information in this system is used to issue grant 
solicitations, analyze grant applications, make award decisions, and 
manage and oversee grantees. Information in this system is also used to 
perform all administrative functions related to EAC's other Federal 
financial assistance programs.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND THE PURPOSES OF SUCH USES:
    Data in this system is used to administer all aspects of EAC's 
federal financial assistance and grant-making programs; and to conduct 
statistical research or analyze trends associated with these 
activities. Data may also be used to assist with Congressional 
oversight of Federal funds administered by EAC. Data may be shared with 
the Department of Health and Human Services (HHS) to enable HHS to 
service EAC grant recipients. Data may be disclosed to the Department 
of Justice, the U.S. Department of the Treasury, or the Government 
Accountability Office (GAO) in connection with payment and debt 
collection activities. Information may also be disclosed to GAO in 
connection with grant administration and audit activities within GAO's 
jurisdiction; and to the National Institute of Standards and Technology 
(NIST) in conjunction with joint EAC/NIST grant activities. Access to 
records in the system is limited to authorized personnel whose official 
duties require such access. Permission level assignments allow users 
access only to those functions for which they are authorized.

POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, 
AND DISPOSTING OF RECORDS IN THE SYSTEM:
STORAGE:
    Records are maintained in file folders in locked file cabinets in 
financial management, grants, testing and certification, and research 
policies and programs staff offices. Electronic records are maintained 
in a secure password protected environment and maintained with 
safeguards meeting the security requirements of the Federal Information 
Security Management Act (FISMA) of 2002.

SAFEGUARDS:
    EAC staff maintain hard copy files in locked file cabinets in 
controlled access offices by Grants; Research, Policy, and Programs; 
Testing and Certification; and financial management staff. Electronic 
data is stored on magnetic media in a computer system with controlled 
access that requires passwords and identity authentication for users. 
EAC staff maintain electronic files in a controlled access environment. 
System managers determine user permission levels based on staff duties 
and responsibilities. Only those staff authorized to perform tasks 
associated with information contained in this system of records have 
permission to access and maintain these files. Network users are also 
notified when they login to EAC systems that improper use of EAC 
electronic systems may violate applicable law and subject employees to 
disciplinary action. EAC staff who access electronic files remotely may 
only do so by connecting to EAC's servers via a secure remote password-
protected connection.

RETRIEVABILITY:
    Records are retrieved by name and by Tax Identification Number.

RETENTION AND DISPOSAL:
    Records in this system are maintained in accordance with the 
applicable National Archives and Records Administration Records 
Schedule.

SYSTEM MANAGER(S) AND ADDRESS:
    Executive Director, U.S. Election Assistance Commission, 1201 New 
York Avenue, NW., Suite 300, Washington, DC 20005. After receipt, the 
Executive Director will direct records requests to the appropriate 
division staff with responsibility for the specific Federal financial 
management or grants records that are the subject of the request.

NOTIFICATION PROCEDURE:
    See Preliminary Statement.

RECORD ACCESS PROCEDURES:
    See Preliminary Statement.

CONTESTING RECORD PROCEDURES:
    See Preliminary Statement.

RECORD SOURCE CATEGORIES:
    Information in this system is obtained from documents submitted by 
individuals covered by the system as well as documents issued by EAC 
financial management staff.

EXEMPTIONS CLAIMED FOR THE SYSTEM:
    None.
EAC-5

SYSTEM NAME:
    Agency Correspondence and Public Comments.

SYSTEM LOCATION:
    Located in hard copy files at 1201 New York Avenue, NW., Suite 300, 
Washington, DC 20005; in electronic format on secured servers, data 
disks, and encrypted thumb drives with controlled access.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Individuals who correspond with EAC and its employees in their 
official capacity; or who submit public comments to EAC in response to 
a solicitation.

[[Page 4885]]

CATEGORIES OF RECORDS IN THE SYSTEM:
    Correspondence to and from EAC and its employees in their official 
capacity. Records in this system of records may include comments 
specifically solicited by EAC; or comments sent to EAC absent a 
specific solicitation.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    5 U.S.C. 301.

PURPOSE:
    To maintain and track incoming and outgoing correspondence between 
individuals and EAC and its employees in their official capacity.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND THE PURPOSES OF SUCH USES:
    Disclosure may be made to a Congressional office from the record of 
an individual in response to an inquiry from the Congressional office 
made at the request of that individual. Records may also be disclosed 
to temporary employees, contingent employees, personal services 
contractors, and other individuals performing duties for EAC but not 
having agency employee status; when such individuals need access to the 
records to perform the agency functions assigned to them. Any record in 
this system may be used by EAC staff in connection with their official 
duties or to any person who is utilized by the Commission to perform 
clerical or administrative functions relating to official EAC business.

POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, 
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
    Records are maintained in file folders in locked file cabinets in 
staff offices. Electronic records are maintained in a secure password 
protected environment and maintained with safeguards meeting the 
security requirements of the Federal Information Security Management 
Act (FISMA) of 2002.

SAFEGUARDS:
    EAC staff maintain hard copy files in locked file cabinets in 
controlled access offices by division, depending on the type and 
subject matter of the correspondence. EAC staff maintain electronic 
files in a controlled access environment. System managers determine 
user permission levels based on staff duties and responsibilities. Only 
those staff authorized to perform tasks associated with information 
contained in this system of records have permission to access and 
maintain these files. Network users are also notified when they log in 
to EAC systems that improper use of EAC electronic systems may violate 
applicable law and subject employees to disciplinary action. EAC staff 
who access electronic files remotely may only do so by connecting to 
EAC's servers via a secure remote password-protected connection.

RETRIEVABILITY:
    Records are generally retrieved by name, but may be retrieved by 
date of correspondence, subject matter, or tracking number, depending 
on which EAC division maintains the record.

RETENTION AND DISPOSAL:
    Records in this system are maintained in accordance with the 
applicable National Archives and Records Administration Records 
Schedule.

SYSTEM MANAGER(S) AND ADDRESS:
    Executive Director, U.S. Election Assistance Commission, 1201 New 
York Avenue, NW., Suite 300, Washington, DC 20005. After receipt, the 
Executive Director will direct records requests to the appropriate 
division staff with responsibility for the specific federal financial 
management or grants records that are the subject of the request.

NOTIFICATION PROCEDURE:
    See Preliminary Statement.

RECORD ACCESS PROCEDURES:
    See Preliminary Statement.

CONTESTING RECORD PROCEDURES:
    See Preliminary Statement.

RECORD SOURCE CATEGORIES:
    Information in this system is obtained from documents submitted by 
individuals covered by the system. Information in this system may also 
come from documents created by EAC staff.

EXEMPTIONS CLAIMED FOR THE SYSTEM:
    None.

Thomas R. Wilkey,
Executive Director, U.S. Election Assistance Commission.
[FR Doc. 2011-1811 Filed 1-26-11; 8:45 am]
BILLING CODE 6820-KF-P