Privacy Act of 1974; System of Records, 51338-51341 [2024-13269]
Download as PDF
51338
Federal Register / Vol. 89, No. 117 / Monday, June 17, 2024 / Notices
For
additional information or copies of the
information collection, contact Nicole
Ongele at (202) 418–2991. To view a
copy of this information collection
request (ICR) submitted to OMB: (1) go
to the web page https://www.reginfo.gov/
public/do/PRAMain, (2) look for the
section of the web page called
‘‘Currently Under Review,’’ (3) click on
the downward-pointing arrow in the
‘‘Select Agency’’ box below the
‘‘Currently Under Review’’ heading, (4)
select ‘‘Federal Communications
Commission’’ from the list of agencies
presented in the ‘‘Select Agency’’ box,
(5) click the ‘‘Submit’’ button to the
right of the ‘‘Select Agency’’ box, (6)
when the list of FCC ICRs currently
under review appears, look for the Title
of this ICR and then click on the ICR
Reference Number. A copy of the FCC
submission to OMB will be displayed.
SUPPLEMENTARY INFORMATION: As part of
its continuing effort to reduce
paperwork burdens, as required by the
Paperwork Reduction Act (PRA) of 1995
(44 U.S.C. 3501–3520), the FCC invited
the general public and other Federal
Agencies to take this opportunity to
comment on the following information
collection. Comments are requested
concerning: (a) Whether the proposed
collection of information is necessary
for the proper performance of the
functions of the Commission, including
whether the information shall have
practical utility; (b) the accuracy of the
Commission’s burden estimates; (c)
ways to enhance the quality, utility, and
clarity of the information collected; and
(d) ways to minimize the burden of the
collection of information on the
respondents, including the use of
automated collection techniques or
other forms of information technology.
Pursuant to the Small Business
Paperwork Relief Act of 2002, Public
Law 107–198, see 44 U.S.C. 3506(c)(4),
the FCC seeks specific comment on how
it might ‘‘further reduce the information
collection burden for small business
concerns with fewer than 25
employees.’’
OMB Control Number: 3060–1113.
Title: Election Whether to Participate
in the Wireless Emergency Alerts.
Form Number: N/A.
Type of Review: Revision of a
currently approved collection.
Respondents: Business or other forprofit; Not-for-profit institutions; State,
Local or Tribal Government.
Number of Respondents and
Responses: 1,253 respondents; 5,176
responses.
Estimated Timer per Response: 0.50–
12 hours.
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FOR FURTHER INFORMATION CONTACT:
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Frequency of Response: On occasion
and semi-annual reporting
requirements.
Obligation to Respond: Required to
obtain or retain benefits. Statutory
authority for this collection is contained
in 47 U.S.C. 151, 152, 154, 301, 303,
307, 309, 403, and 606, of the
Communications Act of 1934, as
amended, and 1201, 1203, 1204, and
1206 of the Warning Alert and Response
Network Acts.
Total Annual Burden: 106,943 hours.
Total Annual Cost: $7,050,800.
Needs and Uses: This modification to
an existing collection will require all
CMS providers to file their election
regarding participation in the WEA
system by submitting the information to
an FCC-created and maintained WEA
database that will be accessible to the
FCC, FEMA, alerting authorities and the
public. This will refresh CMS provider
WEA-elections that were last required
over a decade ago and provide a single
source of information on WEA
availability. The modifications proposed
herein will also provide WEA messages
to be made available by Participating
CMS providers in English and the 13
most commonly spoken languages in the
U.S., as well as American Sign
Language. This will make these alerts
available for the first time to the
millions of Americans who are not
native English speakers and to our
hearing impaired population.
Federal Communications Commission.
Marlene Dortch,
Secretary, Office of the Secretary.
[FR Doc. 2024–13195 Filed 6–14–24; 8:45 am]
BILLING CODE 6712–01–P
FEDERAL COMMUNICATIONS
COMMISSION
[FR ID: 225251]
Privacy Act of 1974; System of
Records
Federal Communications
Commission.
ACTION: Notice of a modified system of
records.
AGENCY:
The Federal Communications
Commission (FCC, Commission, or
Agency) proposes to modify an existing
system of records, FCC/OMD–28, Time
and Attendance Records, subject to the
Privacy Act of 1974, as amended. This
action is necessary to meet the
requirements of the Privacy Act to
publish in the Federal Register notice of
the existence and character of records
maintained by the agency. The Human
Resources Management (HRM) division
SUMMARY:
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of the FCC’s Office of Managing Director
(OMD) uses this system primarily to
prepare time and attendance records, to
certify hours worked and leave earned
and taken, and otherwise to administer
the FCC’s time and attendance/payroll
program.
This modified system of records
will become effective on June 17, 2024.
Written comments on the routine uses
are due by July 17, 2024. The routine
uses in this action will become effective
on July 17, 2024 unless comments are
received that require a contrary
determination.
DATES:
Send comments to Brendan
McTaggart, Federal Communications
Commission (FCC), 45 L Street NE,
Washington, DC 20554, or to privacy@
fcc.gov.
FOR FURTHER INFORMATION CONTACT:
Brendan McTaggart, (202) 418–1738, or
privacy@fcc.gov (and to obtain a copy of
the Narrative Statement and the
Supplementary Document, which
includes details of the modifications to
this system of records).
SUPPLEMENTARY INFORMATION: This
notice serves to update and modify
FCC/OMD–28, as a result of various
necessary changes and updates. The
substantive changes and modifications
to the previously published version of
the FCC/OMD–28 system of records
include:
1. Updating the language in the
Security Classification to follow OMB
guidance.
2. Updating the language in the
Purposes section to be consistent with
the language and phrasing currently
used generally in the FCC’s SORNs.
3. Modifying the language in the
Categories of Individuals and Categories
of Records to be consistent with the
language and phrasing currently used in
the FCC’s SORNs.
4. Updating and/or revising language
in the following routine uses (listed by
the routine use number designated in
this notice): (2) Litigation; (3)
Adjudication; (4) Law Enforcement and
Investigation; (5) Congressional
Inquiries; (6) Government-wide Program
Management and Oversight; and (12)
Breach Notification, the addition of
which is as required by OMB
Memorandum No. M–17–12.
5. Adding the following new routine
uses (listed by current routine use
number): (13) Assistance to Federal
Agencies and Entities Related to
Breaches, the addition of which is
required by OMB Memorandum No. M–
17–12; and (15) Non-Federal Personnel
to allow contractors, vendors, grantees,
or volunteers performing or working on
ADDRESSES:
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Federal Register / Vol. 89, No. 117 / Monday, June 17, 2024 / Notices
a contract, grant, or cooperative
agreement for the Federal Government
to have access to needed information.
6. Updating the SORN to include the
National Archives and Records
Administration (NARA) General
Records Schedule 2.4: Employee
Compensation and Benefits Records
(DAA–GRS–2016–0015).
The system of records is also updated
to reflect various administrative changes
related to the system managers and
system addresses; policy and practices
for storage and retrieval of the
information; administrative, technical,
and physical safeguards; and updated
notification, records access, and
contesting records procedures.
SYSTEM NAME AND NUMBER:
FCC/OMD–28, Time and Attendance
Records.
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
HRM, OMD, FCC, 45 L Street NE,
Washington, DC 20554.
SYSTEM MANAGER:
HRM, OMD, FCC, 45 L Street NE,
Washington, DC 20554.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
5 U.S.C. 5501 et seq., 5520a, 5525 et
seq., 5701 et seq. and 6301 et seq.; 10
U.S.C. 1408; 28 U.S.C. 66a; 44 U.S.C.
2801, 2802; 5 U.S.C. 6328 through 6340;
42 U.S.C. 659; Federal Employees Leave
Sharing Act of 1988 and Amendments
of 1993 (Pub. L. Nos. 100–440, 101–
509), Personal Responsibility and Work
Opportunity Reconciliation Act 1966
(Pub. L. 104–193).
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PURPOSES OF THE SYSTEM:
HRM uses the information in this
system for the following purposes:
1. Authorizing payroll deductions,
including allotments, charitable
contributions, and union dues;
2. Collecting indebtedness, including
overpayment of salary and unpaid
Internal Revenue Service (IRS) taxes
and/or state taxes, etc.;
3. Paying income tax obligations,
including to the IRS and states’ revenue
departments;
4. Authorizing the United States
Department of Agriculture, National
Finance Center (NFC) to issue salary
payments;
5. Reporting gross wages and
compensation information, including
unemployment compensation;
6. Paying any uncollected
compensation, including lump-sum
payments of leave upon an employee’s
separation, such as retirement and
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resignation, or due to the beneficiaries
of a deceased employee;
7. Determining leave balances,
including accrued and used leave, sick
leave, eligibility for and/or authorize
donations for the leave transfer program,
and other types of leave categories;
8. Collecting aggregate telework data
to report to the Office of Personnel
Management.
9. Producing summary descriptive
statistics and analytical studies in
support of the FCC’s operational
functions;
10. Responding to general requests for
statistical information without
disclosing any personally identifiable
information (PII) under the Freedom of
Information Act (FOIA);
11. Locating specific individuals for
HRM functions; and
12. Directing the FCC’s
implementation of garnishment and
levy orders served upon the
Commission for implementation,
correspondence, and memorandum,
issued by a court of competent
jurisdiction or by another government
entity authorized to issue such an order
for a Commission employee subject
thereto.
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
The categories of individuals whose
records are maintained in this system
include current and former FCC
employees.
CATEGORIES OF RECORDS IN THE SYSTEM:
The records in this system include the
following categories of information: (1)
Information pertaining to current and
former FCC employees including names,
work and home addresses, Social
Security Numbers (SSNs), dates of birth,
dates of hire, states of hire, bureau/
office, quarterly earnings, timekeeper
numbers, salaries, pay plans, number of
hours worked, leave accrual rate, usage,
balances, associated supporting
documentation such as Requests for
Leave, Credit Hours earned,
Compensatory and Overtime hours
requested and earned, time off awards
credited, leave transfer requests, leave
donor forms, medical documentation to
support advance of sick leave and leave
transfer, tax, payroll allotment, direct
deposit forms, employer identifying
information, etc.; and (2) Orders related
to wage garnishment served on the FCC
for implementation, related
correspondence, and memoranda issued
by a court of competent jurisdiction or
by another government entity
authorized to issue such an order for a
FCC employee subject thereto.
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51339
RECORD SOURCE CATEGORIES:
Sources of records include FCC
employees, bankruptcy courts, state
domestic relations courts, state public
health and welfare departments or
agencies, the IRS, and intra-agency
memoranda.
ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES OF USERS AND
THE PURPOSES OF SUCH USES:
In addition to those disclosures
generally permitted under 5 U.S.C.
552a(b) of the Privacy Act, all or a
portion of the records or information
contained in this system may be
disclosed to authorized entities, as is
determined to be relevant and
necessary, outside the FCC as a routine
use pursuant to 5 U.S.C. 552a(b)(3) as
follows:
1. Compliance with Welfare Reform
Requirements—Records, including
names, Social Security Numbers, home
addresses, dates of birth, dates of hire,
quarterly earnings, employer identifying
information, and state of hire of
employees, may be disclosed to the
Office of Child Support Enforcement,
Administration for Children and
Families, and Department of Health and
Human Services for the purposes of
locating individuals to establish
paternity, establishing and modifying
orders of child support, identifying
sources of income, and for other child
support enforcement actions as required
by the Personal Responsibility and
Work Opportunity Reconciliation Act.
2. Litigation—Records may be
disclosed to the Department of Justice
(DOJ) when: (a) the FCC or any
component thereof; (b) any employee of
the FCC in his or her official capacity;
(c) any employee of the FCC in his or
her individual capacity where the DOJ
or the FCC has agreed to represent the
employee; or (d) the United States
Government is a party to litigation or
has an interest in such litigation, and by
careful review, the FCC determines that
the records are both relevant and
necessary to the litigation, and the use
of such records by the DOJ is for a
purpose that is compatible with the
purpose for which the FCC collected the
records.
3. Adjudication—Records may be
disclosed in a proceeding before a court
or adjudicative body, when: (a) the FCC
or any component thereof; or (b) any
employee of the FCC in his or her
official capacity; or (c) any employee of
the FCC in his or her individual
capacity; or (d) the United States
Government, is a party to litigation or
has an interest in such litigation, and by
careful review, the FCC determines that
the records are both relevant and
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Federal Register / Vol. 89, No. 117 / Monday, June 17, 2024 / Notices
necessary to the litigation, and that the
use of such records is for a purpose that
is compatible with the purpose for
which the agency collected the records.
4. Law Enforcement and
Investigation—When the FCC
investigates any violation or potential
violation of a civil or criminal law,
regulation, policy, executed consent
decree, order, or any other type of
compulsory obligation, and determines
that a record in this system, either alone
or in conjunction with other
information, indicates a violation or
potential violation of law, regulation,
policy, consent decree, order, or other
compulsory obligation, the FCC may
disclose pertinent information as it
deems necessary to the target of an
investigation, as well as with the
appropriate Federal, State, local, Tribal,
international, or multinational agencies,
or a component of such an agency,
responsible for investigating,
prosecuting, enforcing, or implementing
a statute, rule, regulation, or order.
5. Congressional Inquiries—
Information may be provided to a
Congressional office in response to an
inquiry from that Congressional office
made at the written request of the
individual to whom that information
pertains.
6. Government-wide Program
Management and Oversight—Records
may be disclosed to DOJ to obtain that
Department’s advice regarding
disclosure obligations under the FOIA;
or to OMB to obtain that office’s
employer identifying information, and
advice regarding obligations under the
Privacy Act.
7. Employment, Clearances,
Licensing, Contract, Grant, or other
Benefits Decisions by the Agency—
Disclosure may be made to a Federal,
State, local, foreign, tribal, or other
public agency maintaining civil,
criminal, or other relevant enforcement
records, or other pertinent records, or to
another public authority or professional
organization, if necessary to obtain
information relevant to an investigation
concerning the retention of an employee
or other personnel action (other than
hiring), the retention of a security
clearance, the letting of a contract, or
the issuance or retention of a grant or
other benefit.
8. Employment, Clearances,
Licensing, Contract, Grant, or other
Benefits Decisions by Other than the
Agency—Disclosure may be made to a
Federal, State, local, foreign, tribal, or
other public authority of the fact that
this system of records contains
information relevant to the retention of
an employee, the retention of a security
clearance, the letting of a contract, or
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17:00 Jun 14, 2024
Jkt 262001
the issuance or retention of a license,
grant, or other benefit. The other agency
or licensing organization may then make
a request supported by the written
consent of the individual for the entire
record if it so chooses. No disclosure
will be made unless the information has
been determined to be sufficiently
reliable to support a referral to another
office within the agency or to another
Federal agency for criminal, civil,
administrative, personnel, or regulatory
action.
9. Labor Relations—A record from
this system may be disclosed to officials
of labor organizations recognized under
5 U.S.C. chapter 71 upon receipt of a
formal request and in accord with the
conditions of 5 U.S.C. 7114 when
relevant and necessary to their duties of
exclusive representation concerning
personnel policies, practices, and
matters affecting working conditions.
10. Financial Obligations under the
Debt Collection Act—A record from this
system may be disclosed to other
Federal agencies for the purpose of
collecting and reporting on delinquent
debts as authorized by the Debt
Collection Act of 1982 or the Debt
Collection Improvement Act of 1996. A
record from this system may be
disclosed to any Federal, state, or local
agency to conduct an authorized
computer matching program in
compliance with the Privacy Act of
1974, as amended, to identify and locate
individuals who are delinquent in their
repayment of certain debts owed to the
U.S. Government. A record from this
system may be used to prepare
information on items considered income
for taxation purposes to be disclosed to
Federal, State, and local governments.
11. Financial Obligations Required by
the National Finance Center et al.—
Records may be disclosed to the NFC
(the FCC’s designated payroll office), the
Department of the Treasury Debt
Management Services, and/or a current
employer to effect a salary, IRS and/or
state tax refund(s), or administrative
offset to satisfy an indebtedness; and to
Federal agencies to identify and locate
former employees for the purposes of
collecting such indebtedness, including
through administrative, salary, or tax
refund offsets. Identifying and locating
former employees, and the subsequent
referral to such agencies for offset
purposes, may be accomplished through
authorized computer matching
programs under applicable statutory
procedures.
12. Breach Notification—Records may
be disclosed to appropriate agencies,
entities, and persons when: (a) the
Commission suspects or has confirmed
that there has been a breach of the
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system of records; (b) the Commission
has determined that as a result of the
suspected or confirmed compromise
there is a risk of harm to individuals,
the Commission (including its
information systems, programs, and
operations), the Federal Government, or
national security; and (c) the disclosure
made to such agencies, entities, and
persons is reasonably necessary to assist
in connection with the Commission’s
efforts to respond to the suspected or
confirmed breach or to prevent,
minimize, or remedy such harm.
13. Assistance to Federal Agencies
and Entities Related to Breaches—
Records may be disclosed to another
Federal agency or Federal entity, when
the Commission determines that
information from this system is
reasonably necessary to assist the
recipient agency or entity in: (a)
responding to a suspected or confirmed
breach or (b) preventing, minimizing, or
remedying the risk of harm to
individuals, the recipient agency or
entity (including its information
systems, program, and operations), the
Federal Government, or national
security, resulting from a suspected or
confirmed breach.
14. Pay and Leave Disclosures—A
record from this system may be
disclosed to any federal or nonfederal
entity from which additional
information is requested relevant to an
FCC determination concerning an
individual’s pay or leave to the extent
necessary to identify the individual,
inform the source of the purpose(s) of
the requests, and to identify the type of
information requested.
15. Non-Federal Personnel—Records
may be disclosed to non-Federal
personnel, including contractors, other
vendors (e.g., identity verification
services), grantees, and volunteers who
have been engaged to assist the FCC in
the performance of a contract, service,
grant, cooperative agreement, or other
activity related to this system of records
and who need to have access to the
records in order to perform their
activity.
POLICIES AND PRACTICES FOR STORAGE OF
RECORDS:
The electronic data, files, and records
are housed in the FCC’s computer
network databases. The paper records
are stored in file cabinets located in the
HRM office suite. The file cabinets are
locked when not in use and/or at the
end of the business day. The file
cabinets are accessible only via cardcoded security doors. Access to the file
cabinets is restricted to authorized HRM
personnel and FCC contractors.
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Federal Register / Vol. 89, No. 117 / Monday, June 17, 2024 / Notices
themselves should follow the
Notification Procedures below.
POLICIES AND PRACTICES FOR RETRIEVAL OF
RECORDS:
Information in the electronic database
can be retrieved by searching
electronically for the FCC employee’s
name. Information in the paper records
can be retrieved by manual search for
the FCC employee’s name.
The information in this electronic
system is maintained and disposed of in
accordance with the National Archives
and Records Administration (NARA)
General Records Schedule 2.4:
Employee Compensation and Benefits
Records (DAA–GRS–2016–0015).
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL
SAFEGUARDS:
RECORD ACCESS PROCEDURES:
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Individuals wishing to request access
to and/or amendment of records about
Jkt 262001
Individuals wishing to determine
whether this system of records contains
information about themselves may do so
by writing to privacy@fcc.gov.
Individuals requesting record access or
amendment must also comply with the
FCC’s Privacy Act regulations regarding
verification of identity as required
under 47 CFR part 0, subpart E.
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
The electronic records, files, and data
are stored within FCC or a vendor’s
accreditation boundaries and
maintained in FCC or vendor’s
computer network databases. Access to
the electronic files is restricted to
authorized employees and contractors;
and to IT staff, contractors, and vendors
who maintain the IT networks and
services. Other employees and
contractors may be granted access on a
need-to-know basis. The electronic files
and records are protected by FCC and
third-party privacy safeguards, a
comprehensive and dynamic set of IT
safety and security protocols and
features that are designed to meet all
Federal privacy standards, including
those required by the Federal
Information Security Modernization Act
of 2014 (FISMA), the Office of
Management and Budget (OMB), and
the National Institute of Standards and
Technology (NIST).
The paper records are stored in file
cabinets located in the HRM office suite.
The file cabinets are locked when not in
use and/or at the end of the business
day. The file cabinets are accessible
only via card-coded security doors.
Access to the file cabinets is restricted
to authorized HRM personnel and FCC
contractors.
17:00 Jun 14, 2024
Individuals wishing to request access
to and/or amendment of records about
themselves should follow the
Notification Procedures below.
NOTIFICATION PROCEDURES:
POLICIES AND PRACTICES FOR RETENTION AND
DISPOSAL OF RECORDS:
VerDate Sep<11>2014
CONTESTING RECORD PROCEDURES:
None.
HISTORY:
76 FR 51975 (August 19, 2011) and 76
FR 55388 (September 7, 2011)
(correction).
Federal Communications Commission.
Marlene Dortch,
Secretary.
[FR Doc. 2024–13269 Filed 6–14–24; 8:45 am]
BILLING CODE 6712–01–P
FEDERAL DEPOSIT INSURANCE
CORPORATION
[OMB No. 3064–0103; –0163]
Agency Information Collection
Activities: Proposed Collection
Renewal; Comment Request
Federal Deposit Insurance
Corporation (FDIC).
ACTION: Notice and request for comment.
AGENCY:
The FDIC, as part of its
obligations under the Paperwork
Reduction Act of 1995, invites the
general public and other Federal
agencies to take this opportunity to
comment on the request to renew the
existing information collections
described below (OMB Control No.
3064–0103, and –0163). The notice of
the proposed renewal for these
information collections were previously
SUMMARY:
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51341
published in the Federal Register on
March 20, 2024 and March 25, 2024,
allowing for a 60-day comment period.
Comments must be submitted on
or before July 17, 2024.
DATES:
Interested parties are
invited to submit written comments to
the FDIC by any of the following
methods:
• Agency Website: https://
www.fdic.gov/resources/regulations/
federal-register-publications/.
• Email: comments@fdic.gov. Include
the name and number of the collection
in the subject line of the message.
• Mail: Manny Cabeza (202–898–
3767), Regulatory Counsel, MB–3128,
Federal Deposit Insurance Corporation,
550 17th Street NW, Washington, DC
20429.
• Hand Delivery: Comments may be
hand-delivered to the guard station at
the rear of the 17th Street NW building
(located on F Street NW), on business
days between 7:00 a.m. and 5:00 p.m.
Written comments and
recommendations for the proposed
information collection should be sent
within 30 days of publication of this
notice to www.reginfo.gov/public/do/
PRAMain. Find this particular
information collection by selecting
‘‘Currently under 30-day Review—Open
for Public Comments’’ or by using the
search function.
ADDRESSES:
FOR FURTHER INFORMATION CONTACT:
Manny Cabeza, Regulatory Counsel,
202–898–3767, mcabeza@fdic.gov, MB–
3128, Federal Deposit Insurance
Corporation, 550 17th Street NW,
Washington, DC 20429.
Proposal
to renew the following currently
approved collection of information:
1. Title: Recordkeeping Requirements
Associated with Real Estate Appraisals
and Evaluations.
OMB Number: 3064–0103.
Forms: None.
Affected Public: Insured State
Nonmember Banks and State Savings
Associations.
Burden Estimate:
SUPPLEMENTARY INFORMATION:
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Agencies
[Federal Register Volume 89, Number 117 (Monday, June 17, 2024)]
[Notices]
[Pages 51338-51341]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-13269]
-----------------------------------------------------------------------
FEDERAL COMMUNICATIONS COMMISSION
[FR ID: 225251]
Privacy Act of 1974; System of Records
AGENCY: Federal Communications Commission.
ACTION: Notice of a modified system of records.
-----------------------------------------------------------------------
SUMMARY: The Federal Communications Commission (FCC, Commission, or
Agency) proposes to modify an existing system of records, FCC/OMD-28,
Time and Attendance Records, subject to the Privacy Act of 1974, as
amended. This action is necessary to meet the requirements of the
Privacy Act to publish in the Federal Register notice of the existence
and character of records maintained by the agency. The Human Resources
Management (HRM) division of the FCC's Office of Managing Director
(OMD) uses this system primarily to prepare time and attendance
records, to certify hours worked and leave earned and taken, and
otherwise to administer the FCC's time and attendance/payroll program.
DATES: This modified system of records will become effective on June
17, 2024. Written comments on the routine uses are due by July 17,
2024. The routine uses in this action will become effective on July 17,
2024 unless comments are received that require a contrary
determination.
ADDRESSES: Send comments to Brendan McTaggart, Federal Communications
Commission (FCC), 45 L Street NE, Washington, DC 20554, or to
[email protected].
FOR FURTHER INFORMATION CONTACT: Brendan McTaggart, (202) 418-1738, or
[email protected] (and to obtain a copy of the Narrative Statement and
the Supplementary Document, which includes details of the modifications
to this system of records).
SUPPLEMENTARY INFORMATION: This notice serves to update and modify FCC/
OMD-28, as a result of various necessary changes and updates. The
substantive changes and modifications to the previously published
version of the FCC/OMD-28 system of records include:
1. Updating the language in the Security Classification to follow
OMB guidance.
2. Updating the language in the Purposes section to be consistent
with the language and phrasing currently used generally in the FCC's
SORNs.
3. Modifying the language in the Categories of Individuals and
Categories of Records to be consistent with the language and phrasing
currently used in the FCC's SORNs.
4. Updating and/or revising language in the following routine uses
(listed by the routine use number designated in this notice): (2)
Litigation; (3) Adjudication; (4) Law Enforcement and Investigation;
(5) Congressional Inquiries; (6) Government-wide Program Management and
Oversight; and (12) Breach Notification, the addition of which is as
required by OMB Memorandum No. M-17-12.
5. Adding the following new routine uses (listed by current routine
use number): (13) Assistance to Federal Agencies and Entities Related
to Breaches, the addition of which is required by OMB Memorandum No. M-
17-12; and (15) Non-Federal Personnel to allow contractors, vendors,
grantees, or volunteers performing or working on
[[Page 51339]]
a contract, grant, or cooperative agreement for the Federal Government
to have access to needed information.
6. Updating the SORN to include the National Archives and Records
Administration (NARA) General Records Schedule 2.4: Employee
Compensation and Benefits Records (DAA-GRS-2016-0015).
The system of records is also updated to reflect various
administrative changes related to the system managers and system
addresses; policy and practices for storage and retrieval of the
information; administrative, technical, and physical safeguards; and
updated notification, records access, and contesting records
procedures.
SYSTEM NAME AND NUMBER:
FCC/OMD-28, Time and Attendance Records.
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
HRM, OMD, FCC, 45 L Street NE, Washington, DC 20554.
SYSTEM MANAGER:
HRM, OMD, FCC, 45 L Street NE, Washington, DC 20554.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
5 U.S.C. 5501 et seq., 5520a, 5525 et seq., 5701 et seq. and 6301
et seq.; 10 U.S.C. 1408; 28 U.S.C. 66a; 44 U.S.C. 2801, 2802; 5 U.S.C.
6328 through 6340; 42 U.S.C. 659; Federal Employees Leave Sharing Act
of 1988 and Amendments of 1993 (Pub. L. Nos. 100-440, 101-509),
Personal Responsibility and Work Opportunity Reconciliation Act 1966
(Pub. L. 104-193).
PURPOSES OF THE SYSTEM:
HRM uses the information in this system for the following purposes:
1. Authorizing payroll deductions, including allotments, charitable
contributions, and union dues;
2. Collecting indebtedness, including overpayment of salary and
unpaid Internal Revenue Service (IRS) taxes and/or state taxes, etc.;
3. Paying income tax obligations, including to the IRS and states'
revenue departments;
4. Authorizing the United States Department of Agriculture,
National Finance Center (NFC) to issue salary payments;
5. Reporting gross wages and compensation information, including
unemployment compensation;
6. Paying any uncollected compensation, including lump-sum payments
of leave upon an employee's separation, such as retirement and
resignation, or due to the beneficiaries of a deceased employee;
7. Determining leave balances, including accrued and used leave,
sick leave, eligibility for and/or authorize donations for the leave
transfer program, and other types of leave categories;
8. Collecting aggregate telework data to report to the Office of
Personnel Management.
9. Producing summary descriptive statistics and analytical studies
in support of the FCC's operational functions;
10. Responding to general requests for statistical information
without disclosing any personally identifiable information (PII) under
the Freedom of Information Act (FOIA);
11. Locating specific individuals for HRM functions; and
12. Directing the FCC's implementation of garnishment and levy
orders served upon the Commission for implementation, correspondence,
and memorandum, issued by a court of competent jurisdiction or by
another government entity authorized to issue such an order for a
Commission employee subject thereto.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
The categories of individuals whose records are maintained in this
system include current and former FCC employees.
CATEGORIES OF RECORDS IN THE SYSTEM:
The records in this system include the following categories of
information: (1) Information pertaining to current and former FCC
employees including names, work and home addresses, Social Security
Numbers (SSNs), dates of birth, dates of hire, states of hire, bureau/
office, quarterly earnings, timekeeper numbers, salaries, pay plans,
number of hours worked, leave accrual rate, usage, balances, associated
supporting documentation such as Requests for Leave, Credit Hours
earned, Compensatory and Overtime hours requested and earned, time off
awards credited, leave transfer requests, leave donor forms, medical
documentation to support advance of sick leave and leave transfer, tax,
payroll allotment, direct deposit forms, employer identifying
information, etc.; and (2) Orders related to wage garnishment served on
the FCC for implementation, related correspondence, and memoranda
issued by a court of competent jurisdiction or by another government
entity authorized to issue such an order for a FCC employee subject
thereto.
RECORD SOURCE CATEGORIES:
Sources of records include FCC employees, bankruptcy courts, state
domestic relations courts, state public health and welfare departments
or agencies, the IRS, and intra-agency memoranda.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSES OF SUCH USES:
In addition to those disclosures generally permitted under 5 U.S.C.
552a(b) of the Privacy Act, all or a portion of the records or
information contained in this system may be disclosed to authorized
entities, as is determined to be relevant and necessary, outside the
FCC as a routine use pursuant to 5 U.S.C. 552a(b)(3) as follows:
1. Compliance with Welfare Reform Requirements--Records, including
names, Social Security Numbers, home addresses, dates of birth, dates
of hire, quarterly earnings, employer identifying information, and
state of hire of employees, may be disclosed to the Office of Child
Support Enforcement, Administration for Children and Families, and
Department of Health and Human Services for the purposes of locating
individuals to establish paternity, establishing and modifying orders
of child support, identifying sources of income, and for other child
support enforcement actions as required by the Personal Responsibility
and Work Opportunity Reconciliation Act.
2. Litigation--Records may be disclosed to the Department of
Justice (DOJ) when: (a) the FCC or any component thereof; (b) any
employee of the FCC in his or her official capacity; (c) any employee
of the FCC in his or her individual capacity where the DOJ or the FCC
has agreed to represent the employee; or (d) the United States
Government is a party to litigation or has an interest in such
litigation, and by careful review, the FCC determines that the records
are both relevant and necessary to the litigation, and the use of such
records by the DOJ is for a purpose that is compatible with the purpose
for which the FCC collected the records.
3. Adjudication--Records may be disclosed in a proceeding before a
court or adjudicative body, when: (a) the FCC or any component thereof;
or (b) any employee of the FCC in his or her official capacity; or (c)
any employee of the FCC in his or her individual capacity; or (d) the
United States Government, is a party to litigation or has an interest
in such litigation, and by careful review, the FCC determines that the
records are both relevant and
[[Page 51340]]
necessary to the litigation, and that the use of such records is for a
purpose that is compatible with the purpose for which the agency
collected the records.
4. Law Enforcement and Investigation--When the FCC investigates any
violation or potential violation of a civil or criminal law,
regulation, policy, executed consent decree, order, or any other type
of compulsory obligation, and determines that a record in this system,
either alone or in conjunction with other information, indicates a
violation or potential violation of law, regulation, policy, consent
decree, order, or other compulsory obligation, the FCC may disclose
pertinent information as it deems necessary to the target of an
investigation, as well as with the appropriate Federal, State, local,
Tribal, international, or multinational agencies, or a component of
such an agency, responsible for investigating, prosecuting, enforcing,
or implementing a statute, rule, regulation, or order.
5. Congressional Inquiries--Information may be provided to a
Congressional office in response to an inquiry from that Congressional
office made at the written request of the individual to whom that
information pertains.
6. Government-wide Program Management and Oversight--Records may be
disclosed to DOJ to obtain that Department's advice regarding
disclosure obligations under the FOIA; or to OMB to obtain that
office's employer identifying information, and advice regarding
obligations under the Privacy Act.
7. Employment, Clearances, Licensing, Contract, Grant, or other
Benefits Decisions by the Agency--Disclosure may be made to a Federal,
State, local, foreign, tribal, or other public agency maintaining
civil, criminal, or other relevant enforcement records, or other
pertinent records, or to another public authority or professional
organization, if necessary to obtain information relevant to an
investigation concerning the retention of an employee or other
personnel action (other than hiring), the retention of a security
clearance, the letting of a contract, or the issuance or retention of a
grant or other benefit.
8. Employment, Clearances, Licensing, Contract, Grant, or other
Benefits Decisions by Other than the Agency--Disclosure may be made to
a Federal, State, local, foreign, tribal, or other public authority of
the fact that this system of records contains information relevant to
the retention of an employee, the retention of a security clearance,
the letting of a contract, or the issuance or retention of a license,
grant, or other benefit. The other agency or licensing organization may
then make a request supported by the written consent of the individual
for the entire record if it so chooses. No disclosure will be made
unless the information has been determined to be sufficiently reliable
to support a referral to another office within the agency or to another
Federal agency for criminal, civil, administrative, personnel, or
regulatory action.
9. Labor Relations--A record from this system may be disclosed to
officials of labor organizations recognized under 5 U.S.C. chapter 71
upon receipt of a formal request and in accord with the conditions of 5
U.S.C. 7114 when relevant and necessary to their duties of exclusive
representation concerning personnel policies, practices, and matters
affecting working conditions.
10. Financial Obligations under the Debt Collection Act--A record
from this system may be disclosed to other Federal agencies for the
purpose of collecting and reporting on delinquent debts as authorized
by the Debt Collection Act of 1982 or the Debt Collection Improvement
Act of 1996. A record from this system may be disclosed to any Federal,
state, or local agency to conduct an authorized computer matching
program in compliance with the Privacy Act of 1974, as amended, to
identify and locate individuals who are delinquent in their repayment
of certain debts owed to the U.S. Government. A record from this system
may be used to prepare information on items considered income for
taxation purposes to be disclosed to Federal, State, and local
governments.
11. Financial Obligations Required by the National Finance Center
et al.--Records may be disclosed to the NFC (the FCC's designated
payroll office), the Department of the Treasury Debt Management
Services, and/or a current employer to effect a salary, IRS and/or
state tax refund(s), or administrative offset to satisfy an
indebtedness; and to Federal agencies to identify and locate former
employees for the purposes of collecting such indebtedness, including
through administrative, salary, or tax refund offsets. Identifying and
locating former employees, and the subsequent referral to such agencies
for offset purposes, may be accomplished through authorized computer
matching programs under applicable statutory procedures.
12. Breach Notification--Records may be disclosed to appropriate
agencies, entities, and persons when: (a) the Commission suspects or
has confirmed that there has been a breach of the system of records;
(b) the Commission has determined that as a result of the suspected or
confirmed compromise there is a risk of harm to individuals, the
Commission (including its information systems, programs, and
operations), the Federal Government, or national security; and (c) the
disclosure made to such agencies, entities, and persons is reasonably
necessary to assist in connection with the Commission's efforts to
respond to the suspected or confirmed breach or to prevent, minimize,
or remedy such harm.
13. Assistance to Federal Agencies and Entities Related to
Breaches--Records may be disclosed to another Federal agency or Federal
entity, when the Commission determines that information from this
system is reasonably necessary to assist the recipient agency or entity
in: (a) responding to a suspected or confirmed breach or (b)
preventing, minimizing, or remedying the risk of harm to individuals,
the recipient agency or entity (including its information systems,
program, and operations), the Federal Government, or national security,
resulting from a suspected or confirmed breach.
14. Pay and Leave Disclosures--A record from this system may be
disclosed to any federal or nonfederal entity from which additional
information is requested relevant to an FCC determination concerning an
individual's pay or leave to the extent necessary to identify the
individual, inform the source of the purpose(s) of the requests, and to
identify the type of information requested.
15. Non-Federal Personnel--Records may be disclosed to non-Federal
personnel, including contractors, other vendors (e.g., identity
verification services), grantees, and volunteers who have been engaged
to assist the FCC in the performance of a contract, service, grant,
cooperative agreement, or other activity related to this system of
records and who need to have access to the records in order to perform
their activity.
POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
The electronic data, files, and records are housed in the FCC's
computer network databases. The paper records are stored in file
cabinets located in the HRM office suite. The file cabinets are locked
when not in use and/or at the end of the business day. The file
cabinets are accessible only via card-coded security doors. Access to
the file cabinets is restricted to authorized HRM personnel and FCC
contractors.
[[Page 51341]]
POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
Information in the electronic database can be retrieved by
searching electronically for the FCC employee's name. Information in
the paper records can be retrieved by manual search for the FCC
employee's name.
POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
The information in this electronic system is maintained and
disposed of in accordance with the National Archives and Records
Administration (NARA) General Records Schedule 2.4: Employee
Compensation and Benefits Records (DAA-GRS-2016-0015).
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
The electronic records, files, and data are stored within FCC or a
vendor's accreditation boundaries and maintained in FCC or vendor's
computer network databases. Access to the electronic files is
restricted to authorized employees and contractors; and to IT staff,
contractors, and vendors who maintain the IT networks and services.
Other employees and contractors may be granted access on a need-to-know
basis. The electronic files and records are protected by FCC and third-
party privacy safeguards, a comprehensive and dynamic set of IT safety
and security protocols and features that are designed to meet all
Federal privacy standards, including those required by the Federal
Information Security Modernization Act of 2014 (FISMA), the Office of
Management and Budget (OMB), and the National Institute of Standards
and Technology (NIST).
The paper records are stored in file cabinets located in the HRM
office suite. The file cabinets are locked when not in use and/or at
the end of the business day. The file cabinets are accessible only via
card-coded security doors. Access to the file cabinets is restricted to
authorized HRM personnel and FCC contractors.
RECORD ACCESS PROCEDURES:
Individuals wishing to request access to and/or amendment of
records about themselves should follow the Notification Procedures
below.
CONTESTING RECORD PROCEDURES:
Individuals wishing to request access to and/or amendment of
records about themselves should follow the Notification Procedures
below.
NOTIFICATION PROCEDURES:
Individuals wishing to determine whether this system of records
contains information about themselves may do so by writing to
[email protected]. Individuals requesting record access or amendment must
also comply with the FCC's Privacy Act regulations regarding
verification of identity as required under 47 CFR part 0, subpart E.
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
None.
HISTORY:
76 FR 51975 (August 19, 2011) and 76 FR 55388 (September 7, 2011)
(correction).
Federal Communications Commission.
Marlene Dortch,
Secretary.
[FR Doc. 2024-13269 Filed 6-14-24; 8:45 am]
BILLING CODE 6712-01-P