Privacy Act System of Records, 51975-51978 [2011-21246]
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Federal Register / Vol. 76, No. 161 / Friday, August 19, 2011 / Notices
as noted in the County’s May 27, 2011
request and additional follow up
documentation. This supplementary
information constitutes the detailed
written justification required by Section
1605(c) for waivers based on a finding
under subsection (b).
Authority: Pub. L. 111–5, section 1605.
Dated: August 9, 2011.
Dennis J. McLerran,
Regional Administrator, EPA, Region 10.
[FR Doc. 2011–21230 Filed 8–18–11; 8:45 am]
BILLING CODE 6560–50–P
FEDERAL COMMUNICATIONS
COMMISSION
Privacy Act System of Records
Federal Communications
Commission (FCC, Commission, or the
Agency)
ACTION: Notice; one new Privacy Act
system of records; two deleted systems
of records.
AGENCY:
Pursuant to subsection (e)(4)
of the Privacy Act of 1974, as amended
(‘‘Privacy Act’’), 5 U.S.C. 552a, the FCC
proposes to add one new, consolidated
system of records, FCC/OMD–28, ‘‘Time
and Attendance Records.’’ FCC/OMD–
28, ‘‘Time and Attendance Records’’
will incorporate the information, i.e.,
personally identifiable information (PII),
presently covered by FCC/OMD–14,
‘‘Pay and Leave Records,’’ and FCC/
OMD–21, ‘‘Garnishment and Levy of
Wages,’’ and also add new and/or
updated information that pertains to the
responsibilities of the FCC’s Human
Resources Management (the Agency)
division of the Office of Managing
Director (OMD). Upon approval of FCC/
OMD–30, the Commission will cancel
FCC/OMD–14 and FCC/OMD–21. The
purposes for adding this new system of
records, FCC/OMD–28, ‘‘Time and
Attendance Records,’’ are for the
Agency to use the records in this system
primarily to prepare time and
attendance records and to certify hours
worked/leave earned and leave taken
and to administer the FCC’s time and
attendance/payroll program. These
records may also be used to validate and
verify hours worked/leave taken/credit
hours claimed and to ensure appropriate
recordkeeping as well as appropriate
expenditure of Federal funds. The new
system of records will consolidate FCC/
OMD–14 and FCC/OMD–21 that the
Agency currently uses so that all the
personally identifiable information (PII)
in the two information systems are now
housed in a single Agency system of
records.
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SUMMARY:
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In accordance with subsections
(e)(4) and (e)(11) of the Privacy Act, any
interested person may submit written
comments concerning the alteration of
this system of records on or before
September 19, 2011. The Office of
Information and Regulatory Affairs
(OIRA), Office of Management and
Budget (OMB), which has oversight
responsibility under the Privacy Act to
review the system of records, and
Congress may submit comments on or
before September 28, 2011. The
proposed new system of records will
become effective on September 28, 2011
unless the FCC receives comments that
require a contrary determination. The
Commission will publish a document in
the Federal Register notifying the
public if any changes are necessary. As
required by 5 U.S.C. 552a(r) of the
Privacy Act, the FCC is submitting
reports on this proposed new system to
OMB and Congress.
ADDRESSES: Address comments to Leslie
F. Smith, Privacy Analyst, Performance
Evaluation and Records Management
(PERM), Room 1–C216, Federal
Communications Commission (FCC),
445 12th Street, SW., Washington, DC
20554, (202) 418–0217, or via the
Internet at Leslie.Smith@fcc.gov.
FOR FURTHER INFORMATION CONTACT:
Contact Leslie F. Smith, Performance
Evaluation and Records Management
(PERM), Room 1–C216, Federal
Communications Commission, 445 12th
Street, SW., Washington, DC 20554,
(202) 418–0217 or via the Internet at
Leslie.Smith@fcc.gov.
SUPPLEMENTARY INFORMATION: As
required by the Privacy Act of 1974, as
amended, 5 U.S.C. 552a(e)(4) and
(e)(11), this document sets forth notice
of this proposed new system of records
maintained by the FCC. The FCC
previously gave complete notice of the
two systems of records, FCC/OMD–14,
‘‘Pay and Leave’’ and FCC/OMD–21,
‘‘Garnishment and Levy of Wages,’’
which the Commission intends to
cancel upon both the approval and
deployment of FCC/OMD–28, ‘‘Time
and Attendance Records,’’ as referenced
under this Notice by publication in the
Federal Register on April 5, 2006 (71 FR
17234, 17257 and 17266 respectively).
This notice is a summary of the more
detailed information about the proposed
new system of records, which may be
viewed at the location given above in
the ADDRESSES section. The purposes for
adding this new system of records, FCC/
OMD–28, ‘‘Time and Attendance
Records,’’ are for the Agency to use the
records in this system of records
primarily to prepare time and
attendance records and to certify hours
DATES:
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51975
worked/leave earned and leave taken
and to administer the FCC’s time and
attendance/payroll program. These
records may also be used to validate and
verify hours worked/leave taken/credit
hours claimed and to ensure appropriate
recordkeeping as well as appropriate
expenditure of Federal funds. The new
system of records will consolidate FCC/
OMD–14 and FCC/OMD–21 that the
Agency currently uses so that all the PII
data in the two information systems are
now housed in a single Agency system
of records.
This notice meets the requirement
documenting the change to the systems
of records that the FCC maintains, and
provides the public, OMB, and Congress
with an opportunity to comment.
FCC/OMD–14
SYSTEM NAME:
Time and Attendance Records.
SECURITY CLASSIFICATION:
The FCC’s Security Operations Center
(SOC) has not assigned a security
classification to this system of records.
SYSTEM LOCATION:
Human Resources Management
(HRM), Office of Managing Director
(OMD), Federal Communications
Commission (FCC), 445 12th Street,
SW., Washington, DC 20554.
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
The categories of individuals in this
system consist of current and former
employees of the Federal
Communications Commission (FCC).
CATEGORIES OF RECORDS IN THE SYSTEM:
The categories of records in this
system are used:
1. To administer the pay, leave, and
garnishment requirements for FCC
employees: FCC employee’s name, work
and home addresses, Social Security
Number (SSN), bureau/office,
timekeeper number, salary, pay plan,
number of hours worked, leave accrual
rate, usage, and balances, and associated
supporting documentation such as
Request for Leave, Credit Hours earned,
Compensatory and Overtime hours
requested and earned, time off awards
credited, leave transfer requests, leave
donor forms, medical documentation to
support advance of sick leave and leave
transfer, tax, payroll allotment, and
direct deposit forms, etc; and
2. To administer garnishment and
levy orders: Orders served upon the FCC
for implementation, correspondence,
and memorandum issued by a court of
competent jurisdiction or by another
government entity authorized to issue
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Federal Register / Vol. 76, No. 161 / Friday, August 19, 2011 / Notices
such an order for a FCC employee
subject thereto.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
1. To administer the pay and leave,
and garnishment records: 5 U.S.C. 5501
et seq., 5525 et seq., 5701 et seq. and
6301 et seq.; 28 U.S.C. 66a; 44 U.S.C.
2801 and 2802; 5 U.S.C. 6328–6340;
Federal Employees Leave Sharing Act of
1988 and Amendments of 1993 (Pub. L.
103–103 and Pub. L. 100–566);
Executive Order 9397, November 22,
1943; Pub. L. 100–202, Pub. L. 100–440,
Pub. L. 101–509, and Personal
Responsibility and Work Opportunity
Reconciliation Act of 1996 (Pub. L. 104–
193); and
2. To administer the garnishment and
levy orders: 5 U.S.C. 5520a; 10 U.S.C.
1408; and 42 U.S.C. 659.
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PURPOSE(S):
The Human Resources Management
(HRM) uses the records in this system
to:
1. Authorize payroll deductions,
including but not limited to allotments,
charitable contributions, and union
dues;
2. Collect indebtedness, including but
not limited to overpayment of salary
and unpaid Internal Revenue Service
(IRS) taxes and/or state taxes, etc.;
3. Pay income tax obligations,
including but not limited to the Internal
Revenue Service (IRS) and states’
revenue departments;
4. Authorize the U.S. Department of
the Agriculture’s (USDA) National
Finance Center (NFC) to issue salary
checks;
5. Report gross wages and
compensation information, including
but not limited to unemployment
compensation;
6. Pay any uncollected compensation,
including but not limited to lump-sum
payments of leave upon an employee’s
separation, such as retirement and
resignation, or due to the beneficiaries
of a deceased employee;
7. Determine leave balances,
including but not limited to accrued and
used leave, sick leave, eligibility for
and/or authorize donations for the leave
transfer program, and other types of
leave categories;
8. Produce summary descriptive
statistics and analytical studies in
support of the FCC’s Human Resource
Management (HRM) functions;
9. Respond to general requests for
statistical information (without
disclosing any personally identifiable
information (PII)) under the Freedom of
Information Act (FOIA);
10. Locate specific individuals for
Human Resource Management (HRM)
functions; and
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11. Direct the FCC’s implementation
of garnishment and levy orders served
upon the Commission for
implementation, correspondence, and
memorandum, issued by a court of
competent jurisdiction or by another
government entity authorized to issue
such an order for a Commission
employee subject thereto.
ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES OF USERS AND
THE PURPOSES OF SUCH USES:
Information about individuals in this
system of records may routinely be
disclosed under the following
conditions:
1. Compliance with Welfare Reform
Requirements—Names, Social Security
Numbers, home addresses, dates of
birth, dates of hire, quarterly earnings,
employer identifying information, and
state of hire of employees may be
disclosed to the Office of Child Support
Enforcement, Administration for
Children and Families, Department of
Health and Human Services for the
purposes of locating individuals to
establish paternity, establishing and
modifying orders of child support,
identifying sources of income, and for
other child support enforcement actions
as required by the Personal
Responsibility and Work Opportunity
Reconciliation Act;
2. Adjudication and Litigation—
Where by careful review, the agency
determines that the records are both
relevant and necessary to litigation and
the use of such records is deemed by the
agency to be for a purpose that is
compatible with the purpose for which
the agency collected the records, these
records may be used by a court or
adjudicative body in a proceeding
when: (a) the agency or any component
thereof; or (b) any employee of the
agency in his or her official capacity; or
(c) any employee of the agency in his or
her individual capacity where the
agency has agreed to represent the
employee; or (d) the United States
Government is a party to litigation or
has an interest in such litigation;
3. Law enforcement and
Investigation—Where there is an
indication of a violation or potential
violation of a statute, regulation, rule, or
order, records from this system may be
shared with appropriate Federal, State,
or local authorities either for purposes
of obtaining additional information
relevant to a FCC decision or for
referring the record for investigation,
enforcement, or prosecution by another
agency;
4. Congressional Inquiries—When
requested by a Congressional office in
response to an inquiry by an individual
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made to the Congressional office for the
individual’s own records;
5. Government-wide Program
Management and Oversight—When
requested by the National Archives and
Records Administration (NARA) for the
purpose of records management
inspections conducted under authority
of 44 U.S.C. 2904 and 2906; when the
U.S. Department of Justice (DOJ) is
contacted in order to obtain that
department’s advice regarding
disclosure obligations under the
Freedom of Information Act; or when
the Office of Management and Budget
(OMB) is contacted in order to obtain
that office’s advice regarding obligations
under the Privacy Act;
6. Employment, Clearances,
Licensing, Contract, Grant, or other
Benefits Decisions by the Agency—
Disclosure may be made to a Federal,
State, local, foreign, tribal, or other
public agency maintaining civil,
criminal, or other relevant enforcement
records, or other pertinent records, or to
another public authority or professional
organization, if necessary to obtain
information relevant to an investigation
concerning the retention of an employee
or other personnel action (other than
hiring), the retention of a security
clearance, the letting of a contract, or
the issuance or retention of a grant or
other benefit;
7. Employment, Clearances,
Licensing, Contract, Grant, or other
Benefits Decisions by Other than the
Agency—Disclosure may be made to a
Federal, State, local, foreign, tribal, or
other public authority of the fact that
this system of records contains
information relevant to the retention of
an employee, the retention of a security
clearance, the letting of a contract, or
the issuance or retention of a license,
grant, or other benefit. The other agency
or licensing organization may then make
a request supported by the written
consent of the individual for the entire
records if it so chooses. No disclosure
will be made unless the information has
been determined to be sufficiently
reliable to support a referral to another
office within the agency or to another
Federal agency for criminal, civil,
administrative, personnel, or regulatory
action;
8. Labor Relations—A record from
this system may be disclosed to officials
of labor organizations recognized under
5 U.S.C. Chapter 71 upon receipt of a
formal request and in accord with the
conditions of 5 U.S.C. 7114 when
relevant and necessary to their duties of
exclusive representation concerning
personnel policies, practices, and
matters affecting working conditions;
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9. Financial Obligations under the
Debt Collection Act—A record from this
system may be disclosed to other
Federal agencies for the purpose of
collecting and reporting on delinquent
debts as authorized by the Debt
Collection Act of 1982 or the Debt
Collection Improvement Act of 1996. A
record from this system may be
disclosed to any Federal, state, or local
agency to conduct an authorized
computer matching program in
compliance with the Privacy Act of
1974, as amended, to identify and locate
individuals who are delinquent in their
repayment of certain debts owed to the
U.S. Government. A record from this
system may be used to prepare
information on items considered income
for taxation purposes to be disclosed to
Federal, State, and local governments;
10. Financial Obligations Required by
the National Finance Center et al.—
When the National Finance Center (the
FCC’s designated payroll office), the
Department of the Treasury Debt
Management Services, and/or a current
employer to effect a salary, IRS and/or
state tax refund(s), or administrative
offset to satisfy an indebtedness; and to
Federal agencies to identify and locate
former employees for the purposes of
collecting such indebtedness, including
through administrative, salary, or tax
refund offsets. Identifying and locating
former employees, and the subsequent
referral to such agencies for offset
purposes, may be accomplished through
authorized computer matching
programs. Disclosures will be made only
when all procedural steps established
by the Debt Collection Act of 1982, as
amended by the Debt Collection
Improvement Act of 1996 or the
Computer Matching and Privacy
Protection Act of 1988 as appropriate,
have been taken;
11. Breach Notification—A record
from this system may be disclosed to
appropriate agencies, entities, and
persons when (1) the Commission
suspects or has confirmed that the
security or confidentiality of
information in the system of records has
been compromised; (2) the Commission
has determined that as a result of the
suspected or confirmed compromise
there is a risk of harm to economic or
property interests, identity theft or
fraud, or harm to the security or
integrity of this system or other systems
or programs (whether maintained by the
Commission or another agency or entity)
that rely upon the compromised
information; and (3) the disclosure
made to such agencies, entities, and
persons is reasonably necessary to assist
in connection with the Commission’s
efforts to respond to the suspected or
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confirmed compromise and prevent,
minimize, or remedy such harm; and
12. Pay and Leave Disclosures—A
record from this system may be
disclosed to any source from which
additional information is requested
relevant to an FCC determination
concerning an individual’s pay or leave
to the extent necessary to identify the
individual, inform the source of the
purpose(s) of the requests, and to
identify the type of information
requested.
In each of these cases, the FCC will
determine whether disclosure of the
records is compatible with the purpose
for which the records were collected.
DISCLOSURE TO CONSUMER REPORTING
AGENCIES:
Disclosures may be made from this
system to consumer reporting agencies
as defined in the Fair Credit Reporting
Act, 15 U.S.C. 1681a(f), or the Federal
Claims Collection Act of 1966, 28 U.S.C.
3701(a)(3).
POLICIES AND PRACTICES FOR STORING,
RETRIEVING, ACCESSING, RETAINING, AND
DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
Information includes paper
document, records, and files that are
stored in file cabinets, and electronic
records, files and data that are stored on
the FCC’s network computer database.
RETRIEVABILITY:
Records are indexed by the FCC’s
employee’s name.
SAFEGUARDS:
The paper documents, files, and
records, which are stored in file cabinets
in the HRM office suite, are locked
when not in use and/or at the end of the
business day. These file cabinets are
accessible only via card-coded security
doors. Access is restricted to authorized
HRM supervisors, staff, and contractors.
The electronic records, files, and data
are housed in the FCC’s computer
network databases. Access to the
electronic files is restricted to
authorized HRM supervisors, staff, and
contractors. Authorized staff and
contractors in the FCC’s Information
Technology Center (ITC), who manage
the FCC’s computer network databases,
also have access to the electronic files.
Other FCC employees and contractors
may be granted access on a ‘‘need-toknow’’ basis. The FCC’s computer
network databases are protected by the
FCC’s security protocols, which include
controlled access, passwords, and other
security features. The electronic
information is backed-up routinely.
Back-up tapes are stored on-site and at
a secured, off-site location.
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RETENTION AND DISPOSAL:
1. For Pay and Leave Records—The
FCC maintains and disposes of these
records in accordance with General
Records Schedule 2 (GRS 2) issued by
the National Archives and Records
Administration (NARA). Under the GRS
2, records are retained for various
periods. Generally, the records are kept
from 3 to 56 years, depending on the
type of record involved.
2. For Garnishment and Levy of
Wages Records—The FCC retains these
records until the expiration of the
garnishment or levy order or until the
employee leaves the Commission,
whichever comes first. In some
instances that are related to a
garnishment or levy order, the
information is destroyed three years
after the termination of the garnishment
or levy order.
Disposal of the paper documents,
records, and files is by shredding.
Electronic records are destroyed
physically (electronic storage media) or
by electronic erasure.
Individuals may request a copy of the
(document) disposition instructions
from the FCC Privacy Act Officer or
access GRS 2 directly at https://
www.archives.gov/records-mgmt/ardor/
grs02.html.
SYSTEM MANAGER(S) AND ADDRESS:
Human Resources Management
(HRM), Office of Managing Director
(OMD), Federal Communications
Commission (FCC), 445 12th Street,
SW., Washington, DC 20554.
NOTIFICATION PROCEDURE:
Address inquiries to the Human
Resources Management (HRM), Office of
Managing Director (OMD), Federal
Communications Commission (FCC),
445 12th Street, SW., Washington, DC
20554.
RECORD ACCESS PROCEDURES:
Address inquiries to the Human
Resources Management (HRM), Office of
Managing Director (OMD), Federal
Communications Commission (FCC),
445 12th Street, SW., Washington, DC
20554.
CONTESTING RECORD PROCEDURES:
Address inquiries to the Human
Resources Management (HRM), Office of
Managing Director (OMD), Federal
Communications Commission (FCC),
445 12th Street, SW., Washington, DC
20554.
RECORD SOURCE CATEGORIES:
The sources of the records in this
system are FCC employees and FCC
managers, bankruptcy courts, state
domestic relations courts, state public
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health and welfare departments or
agencies, Internal Revenue Service, and
intra-agency memoranda.
EXEMPTIONS CLAIMED FOR THE SYSTEM:
None.
Federal Communications Commission.
Bulah P. Wheeler,
Deputy Manager, Office of the Secretary,
Office of Managing Director.
[FR Doc. 2011–21246 Filed 8–18–11; 8:45 am]
BILLING CODE 6712–01–P
FEDERAL COMMUNICATIONS
COMMISSION
[ET Docket No. 04–186 and 02–380; DA 11–
1291]
Unlicensed Operation in the TV
Broadcast Bands
Federal Communications
Commission.
ACTION: Notice.
AGENCY:
In this document the Office of
Engineering and Technology
conditionally designates Microsoft
Corporation as TV bands device
database administrators. The TV bands
databases will be used by fixed and
personal portable unlicensed devices to
identify unused channels in the
spectrum used principally by the
broadcast television service that are
available at their geographic locations.
Microsoft is the tenth entity designated
to develop a database that will enable
the introduction of this new class of
unlicensed broadband wireless devices
in the TV spectrum.
FOR FURTHER INFORMATION CONTACT:
Hugh L. Van Tuyl at (202) 418–7056 or
Alan Stillwell at (202) 418–2925 or via
the Internet at Hugh.VanTuyl@fcc.gov or
Alan.Stillwell@fcc.gov, TTY (202) 418–
2989.
SUPPLEMENTARY INFORMATION: This is a
summary of the Commission’s Order, ET
Docket No. 04–186 and 02–380, DA 11–
1291, adopted July 28, 2011 and
released July 29, 2011. The full text of
this document is available for
inspection and copying during normal
business hours in the FCC Reference
Center (Room CY–A257), 445 12th
Street, SW., Washington, DC 20554. The
complete text of this document also may
be purchased from the Commission’s
copy contractor, Best Copy and Printing,
Inc., 445 12th Street, SW., Room CY–
B402, Washington, DC 20554. The full
text may also be downloaded at:
https://www.fcc.gov.
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SUMMARY:
Summary of Order
1. In this Order, the Office of
Engineering and Technology designates
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Microsoft Corporation as a TV bands
database administrator pursuant to
§ 15.715 of its rules, subject to
conditions described. The TV bands
databases will be used by fixed and
personal portable unlicensed devices to
identify unused channels in the
spectrum used principally by the
broadcast television service that are
available at their geographic locations.
Microsoft is the tenth entity designated
to develop a database that will enable
the introduction of this new class of
unlicensed broadband wireless devices
in the TV spectrum.
2. On September 23, 2010, the
Commission adopted a Second
Memorandum Opinion and Order
(Second MO&O) in ET Docket No. 04–
186, 75 FR 75814, December 6, 2010,
that updated the rules for unlicensed
wireless devices that can operate in
broadcast television spectrum at
locations where that spectrum is unused
by licensed services. This unused TV
spectrum is commonly referred to as
television ‘‘white spaces.’’ The rules
allow for the use of unlicensed TV
bands devices in the unused spectrum
to provide broadband data and other
services for consumers and businesses.
3. To prevent interference to
authorized users of the TV bands, TV
bands devices must include a geolocation capability and the capability to
access a database that identifies
incumbent users entitled to interference
protection, including, for example, full
power and low power TV stations,
broadcast auxiliary point-to-point
facilities, PLMRS/CMRS operations on
channels 14–20, and the Offshore
Radiotelephone Service. The database
will calculate and communicate to a TV
bands device which TV channels are
vacant and can be used at the device’s
location. The database will also register
the locations of fixed TV bands devices
and protected locations and channels of
certain incumbent services that are not
recorded in Commission databases. The
rules state that the Commission will
designate one or more entities to
administer a TV bands database.
4. The Office of Engineering and
Technology (OET) released a public
notice on November 25, 2009, inviting
entities interested in being designated as
a TV bands database administrator to
file proposals with the Commission and
inviting comments on the proposals.
The notice requested that entities
address how the basic components of a
TV band database as required by the
Commission’s rules would be satisfied—
i.e., a data repository, a data registration
process, and a query process—and
whether the entity sought to provide all
or only some of these functions. Entities
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were also required to affirm that the
database service would comply with all
of the applicable rules. Nine parties
filed proposals in response to this
public notice.
5. On January 26, 2011, OET issued an
Order designating all nine parties that
filed proposals as TV bands database
administrators, subject to certain
conditions. Specifically, the
administrators were required to: (1)
Supplement their initial filings to show
how they will comply with the rule
changes adopted in the Second MO&O;
(2) attend workshops conducted by OET
to address the operation of the databases
to ensure consistency and compliance
with the rules; (3) cooperate with any
steps OET deems necessary to ensure
compliance with the rules; and (4) agree
that they will not use their capacity as
a database manager to engage in any
discriminatory or anti-competitive
practices or any practices that may
compromise the privacy of users. In
addition, each administrator’s database
will be subject to a trial period of not
less than 45 days before it is allowed to
be made available for actual use by TV
bands devices to allow interested parties
an opportunity to check that the
database is providing accurate results.
OET conducted three workshops after
the release of the January 26, 2011
order.
6. On April 18, 2011, Microsoft
Corporation filed a proposal with OET
seeking designation as a TV bands
database administrator. Microsoft’s
proposal addressed the questions in the
November 25, 2009, public notice that
invited proposals from parties seeking
to be designated as database
administrators. In addition, Microsoft
provided information to show that it
will comply with the rule changes
adopted in the Second MO&O and
stated that it will comply with the other
three conditions in the January 26, 2011,
order that conditionally designated the
nine database administrators. Microsoft
representatives attended all three of
OET’s database administrator
workshops. On April 29, 2011, OET
issued a public notice seeking comment
on Microsoft’s proposal. Two parties
filed comments, and Microsoft filed
reply comments.
Discussion
7. Based upon our review of its
proposal and the record before us, OET
is designating Microsoft Corporation as
a TV bands database administrator,
subject to the conditions described. OET
finds that Microsoft has shown that it
has the technical expertise to develop
and operate a TV bands database.
Moreover, none of the concerns raised
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]]>Agencies
[Federal Register Volume 76, Number 161 (Friday, August 19, 2011)]
[Notices]
[Pages 51975-51978]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-21246]
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FEDERAL COMMUNICATIONS COMMISSION
Privacy Act System of Records
AGENCY: Federal Communications Commission (FCC, Commission, or the
Agency)
ACTION: Notice; one new Privacy Act system of records; two deleted
systems of records.
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SUMMARY: Pursuant to subsection (e)(4) of the Privacy Act of 1974, as
amended (``Privacy Act''), 5 U.S.C. 552a, the FCC proposes to add one
new, consolidated system of records, FCC/OMD-28, ``Time and Attendance
Records.'' FCC/OMD-28, ``Time and Attendance Records'' will incorporate
the information, i.e., personally identifiable information (PII),
presently covered by FCC/OMD-14, ``Pay and Leave Records,'' and FCC/
OMD-21, ``Garnishment and Levy of Wages,'' and also add new and/or
updated information that pertains to the responsibilities of the FCC's
Human Resources Management (the Agency) division of the Office of
Managing Director (OMD). Upon approval of FCC/OMD-30, the Commission
will cancel FCC/OMD-14 and FCC/OMD-21. The purposes for adding this new
system of records, FCC/OMD-28, ``Time and Attendance Records,'' are for
the Agency to use the records in this system primarily to prepare time
and attendance records and to certify hours worked/leave earned and
leave taken and to administer the FCC's time and attendance/payroll
program. These records may also be used to validate and verify hours
worked/leave taken/credit hours claimed and to ensure appropriate
recordkeeping as well as appropriate expenditure of Federal funds. The
new system of records will consolidate FCC/OMD-14 and FCC/OMD-21 that
the Agency currently uses so that all the personally identifiable
information (PII) in the two information systems are now housed in a
single Agency system of records.
DATES: In accordance with subsections (e)(4) and (e)(11) of the Privacy
Act, any interested person may submit written comments concerning the
alteration of this system of records on or before September 19, 2011.
The Office of Information and Regulatory Affairs (OIRA), Office of
Management and Budget (OMB), which has oversight responsibility under
the Privacy Act to review the system of records, and Congress may
submit comments on or before September 28, 2011. The proposed new
system of records will become effective on September 28, 2011 unless
the FCC receives comments that require a contrary determination. The
Commission will publish a document in the Federal Register notifying
the public if any changes are necessary. As required by 5 U.S.C.
552a(r) of the Privacy Act, the FCC is submitting reports on this
proposed new system to OMB and Congress.
ADDRESSES: Address comments to Leslie F. Smith, Privacy Analyst,
Performance Evaluation and Records Management (PERM), Room 1-C216,
Federal Communications Commission (FCC), 445 12th Street, SW.,
Washington, DC 20554, (202) 418-0217, or via the Internet at
Leslie.Smith@fcc.gov.
FOR FURTHER INFORMATION CONTACT: Contact Leslie F. Smith, Performance
Evaluation and Records Management (PERM), Room 1-C216, Federal
Communications Commission, 445 12th Street, SW., Washington, DC 20554,
(202) 418-0217 or via the Internet at Leslie.Smith@fcc.gov.
SUPPLEMENTARY INFORMATION: As required by the Privacy Act of 1974, as
amended, 5 U.S.C. 552a(e)(4) and (e)(11), this document sets forth
notice of this proposed new system of records maintained by the FCC.
The FCC previously gave complete notice of the two systems of records,
FCC/OMD-14, ``Pay and Leave'' and FCC/OMD-21, ``Garnishment and Levy of
Wages,'' which the Commission intends to cancel upon both the approval
and deployment of FCC/OMD-28, ``Time and Attendance Records,'' as
referenced under this Notice by publication in the Federal Register on
April 5, 2006 (71 FR 17234, 17257 and 17266 respectively). This notice
is a summary of the more detailed information about the proposed new
system of records, which may be viewed at the location given above in
the ADDRESSES section. The purposes for adding this new system of
records, FCC/OMD-28, ``Time and Attendance Records,'' are for the
Agency to use the records in this system of records primarily to
prepare time and attendance records and to certify hours worked/leave
earned and leave taken and to administer the FCC's time and attendance/
payroll program. These records may also be used to validate and verify
hours worked/leave taken/credit hours claimed and to ensure appropriate
recordkeeping as well as appropriate expenditure of Federal funds. The
new system of records will consolidate FCC/OMD-14 and FCC/OMD-21 that
the Agency currently uses so that all the PII data in the two
information systems are now housed in a single Agency system of
records.
This notice meets the requirement documenting the change to the
systems of records that the FCC maintains, and provides the public,
OMB, and Congress with an opportunity to comment.
FCC/OMD-14
SYSTEM NAME:
Time and Attendance Records.
SECURITY CLASSIFICATION:
The FCC's Security Operations Center (SOC) has not assigned a
security classification to this system of records.
SYSTEM LOCATION:
Human Resources Management (HRM), Office of Managing Director
(OMD), Federal Communications Commission (FCC), 445 12th Street, SW.,
Washington, DC 20554.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
The categories of individuals in this system consist of current and
former employees of the Federal Communications Commission (FCC).
CATEGORIES OF RECORDS IN THE SYSTEM:
The categories of records in this system are used:
1. To administer the pay, leave, and garnishment requirements for
FCC employees: FCC employee's name, work and home addresses, Social
Security Number (SSN), bureau/office, timekeeper number, salary, pay
plan, number of hours worked, leave accrual rate, usage, and balances,
and associated supporting documentation such as Request for Leave,
Credit Hours earned, Compensatory and Overtime hours requested and
earned, time off awards credited, leave transfer requests, leave donor
forms, medical documentation to support advance of sick leave and leave
transfer, tax, payroll allotment, and direct deposit forms, etc; and
2. To administer garnishment and levy orders: Orders served upon
the FCC for implementation, correspondence, and memorandum issued by a
court of competent jurisdiction or by another government entity
authorized to issue
[[Page 51976]]
such an order for a FCC employee subject thereto.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
1. To administer the pay and leave, and garnishment records: 5
U.S.C. 5501 et seq., 5525 et seq., 5701 et seq. and 6301 et seq.; 28
U.S.C. 66a; 44 U.S.C. 2801 and 2802; 5 U.S.C. 6328-6340; Federal
Employees Leave Sharing Act of 1988 and Amendments of 1993 (Pub. L.
103-103 and Pub. L. 100-566); Executive Order 9397, November 22, 1943;
Pub. L. 100-202, Pub. L. 100-440, Pub. L. 101-509, and Personal
Responsibility and Work Opportunity Reconciliation Act of 1996 (Pub. L.
104-193); and
2. To administer the garnishment and levy orders: 5 U.S.C. 5520a;
10 U.S.C. 1408; and 42 U.S.C. 659.
PURPOSE(S):
The Human Resources Management (HRM) uses the records in this
system to:
1. Authorize payroll deductions, including but not limited to
allotments, charitable contributions, and union dues;
2. Collect indebtedness, including but not limited to overpayment
of salary and unpaid Internal Revenue Service (IRS) taxes and/or state
taxes, etc.;
3. Pay income tax obligations, including but not limited to the
Internal Revenue Service (IRS) and states' revenue departments;
4. Authorize the U.S. Department of the Agriculture's (USDA)
National Finance Center (NFC) to issue salary checks;
5. Report gross wages and compensation information, including but
not limited to unemployment compensation;
6. Pay any uncollected compensation, including but not limited to
lump-sum payments of leave upon an employee's separation, such as
retirement and resignation, or due to the beneficiaries of a deceased
employee;
7. Determine leave balances, including but not limited to accrued
and used leave, sick leave, eligibility for and/or authorize donations
for the leave transfer program, and other types of leave categories;
8. Produce summary descriptive statistics and analytical studies in
support of the FCC's Human Resource Management (HRM) functions;
9. Respond to general requests for statistical information (without
disclosing any personally identifiable information (PII)) under the
Freedom of Information Act (FOIA);
10. Locate specific individuals for Human Resource Management (HRM)
functions; and
11. Direct the FCC's implementation of garnishment and levy orders
served upon the Commission for implementation, correspondence, and
memorandum, issued by a court of competent jurisdiction or by another
government entity authorized to issue such an order for a Commission
employee subject thereto.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSES OF SUCH USES:
Information about individuals in this system of records may
routinely be disclosed under the following conditions:
1. Compliance with Welfare Reform Requirements--Names, Social
Security Numbers, home addresses, dates of birth, dates of hire,
quarterly earnings, employer identifying information, and state of hire
of employees may be disclosed to the Office of Child Support
Enforcement, Administration for Children and Families, Department of
Health and Human Services for the purposes of locating individuals to
establish paternity, establishing and modifying orders of child
support, identifying sources of income, and for other child support
enforcement actions as required by the Personal Responsibility and Work
Opportunity Reconciliation Act;
2. Adjudication and Litigation--Where by careful review, the agency
determines that the records are both relevant and necessary to
litigation and the use of such records is deemed by the agency to be
for a purpose that is compatible with the purpose for which the agency
collected the records, these records may be used by a court or
adjudicative body in a proceeding when: (a) the agency or any component
thereof; or (b) any employee of the agency in his or her official
capacity; or (c) any employee of the agency in his or her individual
capacity where the agency has agreed to represent the employee; or (d)
the United States Government is a party to litigation or has an
interest in such litigation;
3. Law enforcement and Investigation--Where there is an indication
of a violation or potential violation of a statute, regulation, rule,
or order, records from this system may be shared with appropriate
Federal, State, or local authorities either for purposes of obtaining
additional information relevant to a FCC decision or for referring the
record for investigation, enforcement, or prosecution by another
agency;
4. Congressional Inquiries--When requested by a Congressional
office in response to an inquiry by an individual made to the
Congressional office for the individual's own records;
5. Government-wide Program Management and Oversight--When requested
by the National Archives and Records Administration (NARA) for the
purpose of records management inspections conducted under authority of
44 U.S.C. 2904 and 2906; when the U.S. Department of Justice (DOJ) is
contacted in order to obtain that department's advice regarding
disclosure obligations under the Freedom of Information Act; or when
the Office of Management and Budget (OMB) is contacted in order to
obtain that office's advice regarding obligations under the Privacy
Act;
6. Employment, Clearances, Licensing, Contract, Grant, or other
Benefits Decisions by the Agency--Disclosure may be made to a Federal,
State, local, foreign, tribal, or other public agency maintaining
civil, criminal, or other relevant enforcement records, or other
pertinent records, or to another public authority or professional
organization, if necessary to obtain information relevant to an
investigation concerning the retention of an employee or other
personnel action (other than hiring), the retention of a security
clearance, the letting of a contract, or the issuance or retention of a
grant or other benefit;
7. Employment, Clearances, Licensing, Contract, Grant, or other
Benefits Decisions by Other than the Agency--Disclosure may be made to
a Federal, State, local, foreign, tribal, or other public authority of
the fact that this system of records contains information relevant to
the retention of an employee, the retention of a security clearance,
the letting of a contract, or the issuance or retention of a license,
grant, or other benefit. The other agency or licensing organization may
then make a request supported by the written consent of the individual
for the entire records if it so chooses. No disclosure will be made
unless the information has been determined to be sufficiently reliable
to support a referral to another office within the agency or to another
Federal agency for criminal, civil, administrative, personnel, or
regulatory action;
8. Labor Relations--A record from this system may be disclosed to
officials of labor organizations recognized under 5 U.S.C. Chapter 71
upon receipt of a formal request and in accord with the conditions of 5
U.S.C. 7114 when relevant and necessary to their duties of exclusive
representation concerning personnel policies, practices, and matters
affecting working conditions;
[[Page 51977]]
9. Financial Obligations under the Debt Collection Act--A record
from this system may be disclosed to other Federal agencies for the
purpose of collecting and reporting on delinquent debts as authorized
by the Debt Collection Act of 1982 or the Debt Collection Improvement
Act of 1996. A record from this system may be disclosed to any Federal,
state, or local agency to conduct an authorized computer matching
program in compliance with the Privacy Act of 1974, as amended, to
identify and locate individuals who are delinquent in their repayment
of certain debts owed to the U.S. Government. A record from this system
may be used to prepare information on items considered income for
taxation purposes to be disclosed to Federal, State, and local
governments;
10. Financial Obligations Required by the National Finance Center
et al.--When the National Finance Center (the FCC's designated payroll
office), the Department of the Treasury Debt Management Services, and/
or a current employer to effect a salary, IRS and/or state tax
refund(s), or administrative offset to satisfy an indebtedness; and to
Federal agencies to identify and locate former employees for the
purposes of collecting such indebtedness, including through
administrative, salary, or tax refund offsets. Identifying and locating
former employees, and the subsequent referral to such agencies for
offset purposes, may be accomplished through authorized computer
matching programs. Disclosures will be made only when all procedural
steps established by the Debt Collection Act of 1982, as amended by the
Debt Collection Improvement Act of 1996 or the Computer Matching and
Privacy Protection Act of 1988 as appropriate, have been taken;
11. Breach Notification--A record from this system may be disclosed
to appropriate agencies, entities, and persons when (1) the Commission
suspects or has confirmed that the security or confidentiality of
information in the system of records has been compromised; (2) the
Commission has determined that as a result of the suspected or
confirmed compromise there is a risk of harm to economic or property
interests, identity theft or fraud, or harm to the security or
integrity of this system or other systems or programs (whether
maintained by the Commission or another agency or entity) that rely
upon the compromised information; and (3) the disclosure made to such
agencies, entities, and persons is reasonably necessary to assist in
connection with the Commission's efforts to respond to the suspected or
confirmed compromise and prevent, minimize, or remedy such harm; and
12. Pay and Leave Disclosures--A record from this system may be
disclosed to any source from which additional information is requested
relevant to an FCC determination concerning an individual's pay or
leave to the extent necessary to identify the individual, inform the
source of the purpose(s) of the requests, and to identify the type of
information requested.
In each of these cases, the FCC will determine whether disclosure
of the records is compatible with the purpose for which the records
were collected.
DISCLOSURE TO CONSUMER REPORTING AGENCIES:
Disclosures may be made from this system to consumer reporting
agencies as defined in the Fair Credit Reporting Act, 15 U.S.C.
1681a(f), or the Federal Claims Collection Act of 1966, 28 U.S.C.
3701(a)(3).
POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING,
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
Information includes paper document, records, and files that are
stored in file cabinets, and electronic records, files and data that
are stored on the FCC's network computer database.
RETRIEVABILITY:
Records are indexed by the FCC's employee's name.
SAFEGUARDS:
The paper documents, files, and records, which are stored in file
cabinets in the HRM office suite, are locked when not in use and/or at
the end of the business day. These file cabinets are accessible only
via card-coded security doors. Access is restricted to authorized HRM
supervisors, staff, and contractors.
The electronic records, files, and data are housed in the FCC's
computer network databases. Access to the electronic files is
restricted to authorized HRM supervisors, staff, and contractors.
Authorized staff and contractors in the FCC's Information Technology
Center (ITC), who manage the FCC's computer network databases, also
have access to the electronic files. Other FCC employees and
contractors may be granted access on a ``need-to-know'' basis. The
FCC's computer network databases are protected by the FCC's security
protocols, which include controlled access, passwords, and other
security features. The electronic information is backed-up routinely.
Back-up tapes are stored on-site and at a secured, off-site location.
RETENTION AND DISPOSAL:
1. For Pay and Leave Records--The FCC maintains and disposes of
these records in accordance with General Records Schedule 2 (GRS 2)
issued by the National Archives and Records Administration (NARA).
Under the GRS 2, records are retained for various periods. Generally,
the records are kept from 3 to 56 years, depending on the type of
record involved.
2. For Garnishment and Levy of Wages Records--The FCC retains these
records until the expiration of the garnishment or levy order or until
the employee leaves the Commission, whichever comes first. In some
instances that are related to a garnishment or levy order, the
information is destroyed three years after the termination of the
garnishment or levy order.
Disposal of the paper documents, records, and files is by
shredding. Electronic records are destroyed physically (electronic
storage media) or by electronic erasure.
Individuals may request a copy of the (document) disposition
instructions from the FCC Privacy Act Officer or access GRS 2 directly
at https://www.archives.gov/records-mgmt/ardor/grs02.html.
SYSTEM MANAGER(S) AND ADDRESS:
Human Resources Management (HRM), Office of Managing Director
(OMD), Federal Communications Commission (FCC), 445 12th Street, SW.,
Washington, DC 20554.
NOTIFICATION PROCEDURE:
Address inquiries to the Human Resources Management (HRM), Office
of Managing Director (OMD), Federal Communications Commission (FCC),
445 12th Street, SW., Washington, DC 20554.
RECORD ACCESS PROCEDURES:
Address inquiries to the Human Resources Management (HRM), Office
of Managing Director (OMD), Federal Communications Commission (FCC),
445 12th Street, SW., Washington, DC 20554.
CONTESTING RECORD PROCEDURES:
Address inquiries to the Human Resources Management (HRM), Office
of Managing Director (OMD), Federal Communications Commission (FCC),
445 12th Street, SW., Washington, DC 20554.
RECORD SOURCE CATEGORIES:
The sources of the records in this system are FCC employees and FCC
managers, bankruptcy courts, state domestic relations courts, state
public
[[Page 51978]]
health and welfare departments or agencies, Internal Revenue Service,
and intra-agency memoranda.
EXEMPTIONS CLAIMED FOR THE SYSTEM:
None.
Federal Communications Commission.
Bulah P. Wheeler,
Deputy Manager, Office of the Secretary, Office of Managing Director.
[FR Doc. 2011-21246 Filed 8-18-11; 8:45 am]
BILLING CODE 6712-01-P
