Privacy Act of 1974; Revised System of Records, 5481-5484 [2024-01680]

Agencies

• DEPARTMENT OF AGRICULTURE

[Federal Register Volume 89, Number 19 (Monday, January 29, 2024)]
[Notices]
[Pages 5481-5484]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-01680]


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DEPARTMENT OF AGRICULTURE


Privacy Act of 1974; Revised System of Records

AGENCY: Office of the Chief Financial Officer (OCFO), National Finance 
Center (NFC).

ACTION: Notice of a modified system of records.

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SUMMARY: In accordance with the Privacy Act of 1974, as amended, and 
Office of Management and Budget Circular No. A-108, the U.S. Department 
of Agriculture (USDA) proposed revised system of records, the Personnel 
and Payroll System for USDA Employees (OP-1), will be renamed--Office 
of the Chief Financial Officer (OCFO), National Finance Center (NFC), 
Systems for Personnel, Payroll, and Time & Attendance. OCFO/NFC-1 
Systems for Personnel, Payroll, and Time & Attendance provides 
comprehensive, cost-effective, and reliable services as well as 
automated, accurate, and timely actions necessary for recording, 
processing, and reporting personnel, payroll, and time and attendance 
data for USDA and other Federal agencies serviced by NFC. These systems 
are full-service, integrated payroll, personnel, and time and 
attendance applications that link personnel actions, and processing 
payroll activities. The OCFO/NFC-1 Systems for Personnel, Payroll, and 
Time & Attendance processes personnel actions, awards, allotments, 
performance appraisals, health and life insurance, thrift savings plan, 
tax documents, severance pay, leave record, time, & attendance, 
payroll-related financial reporting operations, retirements, and 
management of debt collection on behalf of federal agencies related to 
employee debt.

DATES: In accordance with 5 U.S.C. 552a(e)(4) and (11), this notice is 
effective upon publication, subject to a 30-day notice and comment 
period in which to comment on the routine uses described in the routine 
uses section of

[[Page 5482]]

this system of records notice. Please submit your comments by February 
28, 2024.

ADDRESSES: Comments may be submitted by one of the following methods:

--Federal eRulemaking Portal: This website provides the ability to type 
short comments directly into the comment field on this web page or 
attach a file for lengthier comments. Go to https://www.regulations.gov. Follow the on-line instructions at that site for 
submitting comments.
--Postal Mail/Commercial Delivery: National Finance Center, USDA, OCFO, 
National Finance Center, P.O. Box 60000, New Orleans, Louisiana 70160 
or email [email protected].
--Instructions: All items submitted by mail or electronic mail must 
include the Agency name and docket number USDA-2022-0008. Comments 
received in response to this docket will be made available for public 
inspection and posted without change, including any personal 
information, to https://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: For general questions, please contact 
the National Finance Center, Director, 13800 Old Gentilly Road, 
Building 318, New Orleans, LA 70129, email [email protected] or call 
504-426-0120.

--For Privacy Act questions concerning this revised system of records 
notice, please contact USDA Departmental Administration Information 
Technology Office, Office of the Chief Information Officer, United 
States Department of Agriculture, email at: 
[email protected], or by phone at: 202-577-8071.
--For general USDA Privacy Act questions, please contact the USDA Chief 
Privacy Officer, Information Security Center, Office of the Chief 
Information Officer, USDA, Jamie L. Whitten Building, 100 Independence 
Ave. SW, Washington, DC 20250, email: [email protected].

SUPPLEMENTARY INFORMATION: The purposes of the system's revisions are: 
(1) Renaming the system of records notice; (2) Expanding the categories 
of individuals on whom the records are maintained in the system; (3) 
Updating the categories of records maintained in the system; (4) 
Updating the Location of the system of records; and (5) Updating 
Routine Uses.

SYSTEM NAME AND NUMBER:
    OCFO/NFC-1 Systems for Personnel, Payroll, and Time & Attendance.

SECURITY CLASSIFICATION:
    Unclassified.

SYSTEM LOCATION:
    The OCFO/NFC-1 Systems for Personnel, Payroll, and Time & 
Attendance is maintained at the Enterprise Data Center--Kansas City, 
Kansas City, MO 64114. Records can be located at NFC customer 
locations.

SYSTEM MANAGER(S):
    Director, National Finance Center, 13800 Old Gentilly Road, 
Building 318, New Orleans, LA 70129, [email protected], 504-426-0120.
    Chief Financial Officers Act of 1990 Public Law 101-576.

PURPOSE OF THE SYSTEM:
    The purpose of the OCFO/NFC-1 Systems for Personnel, Payroll, and 
Time & Attendance is to provide comprehensive, cost- effective, and 
reliable services as well as automated, accurate, and timely actions 
necessary for recording, processing, and reporting personnel, payroll, 
and time and attendance data for USDA and non-USDA agencies serviced by 
NFC. These systems are a full-service, integrated payroll, personnel, 
and time and attendance applications that link personnel actions and 
payroll activities.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    USDA and non-USDA Federal Employees, former employees, contractors, 
permittees, cooperators, and applicants for Federal employment whose 
personnel, payroll, and time & attendance records are serviced by NFC 
are covered by the system.

CATEGORIES OF RECORDS IN THE SYSTEM:
    The systems consist of current and historical personnel, payroll, 
and time and attendance records.

RECORD SOURCE CATEGORIES:
    Information in these systems come from Federal agencies, employees, 
contractors, managers, agency human resources offices, agency payroll 
and personnel offices, individuals on whom the record is maintained, 
educational institutions, and agency officials.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND PURPOSES OF SUCH USES:
    In addition to those disclosures generally permitted under 5 U.S.C. 
552a(b) of the Privacy Act of 1974, records contained in this system 
may be disclosed outside USDA as a routine use pursuant to 5 U.S.C. 
552a(b)(3), to the extent that such uses are compatible with the 
purposes for which the information was collected. Such permitted 
routine uses include the following:
    (1) Office of Personnel Management for required action, records, 
and reports;
    (2) Department of Treasury for issuance of checks and bonds;
    (3) Department of Labor for Office of Workers Compensation
    (4) Congress for special reports, or in response to an inquiry from 
a Congressional office made at the written request of the individual 
about whom the record pertains;
    (5) White House for special reports;
    (6) Office of Management and Budget for special reports;
    (7) General Accounting Office for special Reports;
    (8) Disclosure to the Department of Justice (DOJ) for use in 
litigation when: (a) the agency or any component thereof; or (b) any 
employee of the agency in his or her official capacity where DOJ has 
agreed to represent the employee; or the United States Government is a 
party to litigation or has an interest in such litigation;
    (9) General Services Administration for records retirement and/or 
destruction;
    (10) State Department for passport and foreign assignments;
    (11) Department of Transportation, Environmental Protection Agency 
and cooperating state and local agencies for accident and safety 
records;
    (12) Internal Revenue Service and State and local government for 
matters in connection with payment of income taxes;
    (13) Social Security Administration for social security payment 
Information;
    (14) Combined Federal Campaign for reports and records;
    (15) Department of Health and Human Services for scheduling 
physical examinations;
    (16) All Government agencies and potential employers concerning 
employment inquiries;
    (17) Equal Employment Opportunity Commission for handling 
Complaints;
    (18) appropriate agency, whether Federal, State, local or foreign, 
charged with the responsibility of investigating or prosecuting a 
violation of law, or of enforcing or implementing a statute or a rule, 
regulation or order issued pursuant thereto, of any record within this 
system when information available indicates a violation or potential 
violation of law, whether, civil, criminal, or regulatory in nature, 
and whether arising by general statue or other particular program 
statute, or by rule, regulation or order issued pursuant thereto;
    (19) a court, magistrate, or administrative tribunal, or to 
opposing

[[Page 5483]]

counsel in a proceeding before any of the above, of any record within 
the system which constitutes evidence in that proceeding, or which is 
sought in the course of discovery to the extent that USDA determines 
that the records are relevant to the proceedings;
    (20) any agency of the Federal Government which has identified USDA 
or Non-USDA employees as having defaulted in the repayment of an 
obligation incurred under any statutory authority except the Internal 
Revenue Code, the Social Security Act, or the U.S. tariff laws;
    (21) the Internal Revenue Service to enable it to offset and 
satisfy past due, legally enforceable debts owed to USDA against 
Federal income tax refunds;
    (22) labor organizations recognized under 5 U.S.C. Chapter 71 to 
provide home addresses or designated mailing addresses of bargaining 
unit employees;
    (23) the cooperator(s) selected to evaluate personnel-related 
demonstration projects;
    (24) The 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 purpose of 
locating individuals to establish paternity, establishing and modifying 
sources of income, and for other child support enforcement actions as 
required by the Personal Responsibility and Work Opportunity 
Reconciliation Act of 1966 (Pub. L. 104-193). Se.
    (25) To the Department of Justice (DOJ) when: (a) USDA or Non-USDA 
or any component thereof; or (b) any employee of USDA or Non-USDA in 
his or her official capacity where the Department of Justice has agreed 
to represent the employee; or (c) the United States Government, is a 
party to litigation or has an interest in such litigation, and USDA or 
Non-USDA determines that the records are both relevant and necessary to 
the litigation and the use of such records by the Department of Justice 
is deemed by USDA or Non-USDA to be for a purpose that is compatible 
with the purpose for which USDA or Non-USDA collected the records.
    (26) To a congressional office in response to an inquiry from that 
Congressional office made at the written request of the individual 
about whom the record pertains;
    (27) To the National Archives and Records Administration (NARA) or 
other Federal government agencies pursuant to records management 
activities being conducted under 44 U.S.C. 2904 and 2906;
    (28) To appropriate agencies, entities, and persons when (1) USDA 
suspects or has confirmed that the security or confidentiality of 
information in the system of records has been compromised; (2) USDA has 
determined that as a result of the suspected or confirmed breach, there 
is a risk of harm to individuals, USDA (including its information 
systems, programs, and operations), the Federal Government, or national 
security; and (3) the disclosure to such agencies, entities, and 
persons is reasonably necessary to assist in connection with USDA's 
efforts to respond to the suspected or confirmed compromise and 
prevent, minimize, or remedy such harm; or to another Federal agency or 
Federal entity, when information from this system of records is 
reasonably necessary to assist the recipient agency or entity in (1) 
responding to a suspected or confirmed breach; or (2) preventing, 
minimizing, or remedying the risk of harm to individuals, the agency 
(including its information systems, programs, and operations), the 
Federal Government, or national security.
    (29) When a record on its face, or in conjunction with other 
records, indicates a violation or potential violation of law, whether 
civil, criminal or regulatory in nature, and whether arising by general 
statute or particular program, statute, or by regulation, rule, or 
order issued pursuant thereto, disclosure may be made to the 
appropriate Federal, State, local, foreign, Tribal, or other public 
authority responsible for enforcing, investigating, or prosecuting such 
violation or charged with enforcing or implementing the statute, or 
rule, regulation, or order issued pursuant thereto, if the information 
disclosed is relevant to any enforcement, regulatory, investigative or 
prosecutive responsibility of the receiving entity. Referral to the 
appropriate agency, whether Federal, State, local, or foreign, charged 
with the responsibility of investigating or prosecuting violation of 
law, or of enforcing or implementing a statute, rule, regulation, or 
order issued pursuant thereto, of any record within this system when 
information available indicates a violation or potential violation of 
law, whether civil, criminal, or regulatory in nature;
    (30) To a court or adjudicative body in a proceeding when: (a) USDA 
or non-USDA or any component thereof; or (b) any employee of USDA in 
his or her official capacity; or (c) any employee of USDA in his or her 
individual capacity where USDA has agreed to represent the employee; or 
the United States Government is a party to litigation or has an 
interest in such litigation, and USDA determines that the records are 
both relevant and necessary to the litigation, and that use of such 
records is therefore deemed by USDA to be for a purpose that is 
compatible with the purpose for which USDA collected the records;
    (31) To contractors and their agents, grantees, experts, 
consultants, and others performing or working on a contract, service, 
grant, cooperative agreement, or other assignment for the USDA or Non-
USDA, when necessary to accomplish an agency function related to this 
system of records. Individuals providing information under this routine 
use are subject to the same Privacy Act requirements and limitations on 
disclosure as are applicable to USDA officers and employees;
    (32) To appropriate agencies, entities, and persons (1) when NFC 
suspects or has confirmed that there has been a breach of the system of 
records, (2) NFC has determined that as a result of the suspected or 
confirmed breach there is a risk of harm to individuals, NFC (including 
its information systems, programs, and operations), the Federal 
Government, or national security and (3) the disclosure made to such 
agencies, entities, and persons are reasonably necessary to assist in 
connection with NFC efforts to respond to the suspected or confirmed 
breach or to prevent, minimize, or remedy such harm;
    (33) To another Federal agency or Federal entity, when NFC 
determines that information from this system of records is reasonably 
necessary to assist the recipient agency or entity in (1) responding to 
a suspected or confirmed breach or (2) preventing, minimizing, or 
remedying the risk of harm to individuals, the recipient agency or 
entity (including its information systems, programs, and operations), 
the Federal Government, or national security, resulting from a 
suspected or confirmed breach;
    (34) To disclose relevant information with personal identifiers of 
Federal civilian employees whose records are contained in the 
Personnel, Payroll, and Time & Attendance System for USDA and Non-USDA 
Employees to an authorized Federal, State, tribal, local, or foreign 
agency, or other public authority. This will help eliminate waste, 
fraud, and abuse in Governmental programs or operations; to help 
identify individuals who are potentially in violation of civil or 
criminal law or regulation; and to

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collect debts and overpayments owed to Federal, State, or local 
governments and their components;
    (35) To an agency or organization for the purpose of performing 
audit or oversight operations as authorized by law, but only such 
information as is necessary and relevant to such audit or oversight 
function.

POLICIES AND PRACTICIES FOR STORAGE OF RECORDS:
    Electronic records are stored at the USDA Office of the Chief 
Information Officer (OCIO), Digital Infrastructure Services Center 
(DISC) Data Center, and Iron Mountain Digital Records Center. All other 
record formats are stored at the Federal Records Centers.

POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
    These records are retrieved by various combinations of name, 
agency, birth date, social security number, or identification number of 
the individual on whom they are maintained.

POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
    Records are retained and disposed of in accordance with approved 
NARA guidance, NFC Records Control Schedule N1-016-10-7.
    Pursuant to this records schedule, records are retained for 56 
years.

ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
    Paper or microfiche/microfilmed records are located at the Federal 
Records Centers. Access to computerized records is limited, through use 
of user logins and passwords, access codes, and entry logs, to those 
whose official duties require access.
    Computerized records systems are consistent with the requirements 
of the Federal Information Security Management Act (Pub. L. 107-296), 
and associated OMB policies, standards and guidance from the National 
Institute of Standards and Technology.

RECORD ACCESS PROCEDURES:
    Individuals seeking to gain access to a record in this system of 
records maycontact the NFC Director at the address listed above. 
Provide the NFC Director with the necessary particulars such as full 
legal name, date of birth, work address, country of citizenship. 
Requesters must also reasonably specify the record contents sought. The 
request must meet the requirements of the regulations at 34 CFR 5b.5, 
including proof of identity. All requests for access to records must be 
in writing and should be submitted to the NFC Director at the address 
listed above. A determination whether a record may be accessed will be 
made at the time a request is received.

CONTESTING RECORDS PROCEDURES:
    Individuals seeking to contest or amend information maintained in 
the system should direct their request to the above listed NFC Director 
and should include the reason for contesting it and the proposed 
amendment to the information with supporting information to show how 
the record is inaccurate. A request for contesting records should 
contain: Name, address including zip code, name of the system of 
records, year of records in question, and any other pertinent 
information to help identify the data requested.

NOTIFICATION PROCEDURES:
    Any individual may request information regarding this system of 
records, or information as to whether the system contains records 
pertaining to the individual, from the NFC Director listed above.

EXEMPTIONS PROMULGATED FOR THE SYSTEM:
    None.

HISTORY:
    Federal Register, Vol. 40, No. 167, August 27, 1975, page 38986-
38989; Federal Register, Vol. 63, No 18, Wednesday, January 18, 1998.

Trudy Sandefer,
Deputy Director, GESD/NFC/OCFO/USDA.
[FR Doc. 2024-01680 Filed 1-26-24; 8:45 am]
BILLING CODE 3410-68-P