6712-01
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 [INSERT DATE OF
PUBLICATION IN THE FEDERAL REGISTER]. Written comments on the routine uses are
due by [INSERT DATE 30 DAYS AFTER DATE OF PUBLICATION IN THE FEDERAL
REGISTER]. The routine uses in this action will become effective on [INSERT DATE 30
DAYS AFTER DATE OF PUBLICATION IN THE FEDERAL REGISTER] unless
comments are received that require a contrary determination.
ADDRESSES: Send comments to Brendan McTaggart, Federal Communications Commission
(FCC), 45 L Street, NE, Washington, D.C. 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/OMD28, 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 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-GRS2016-0015).
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 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.
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 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: 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: 6/14/2024 8:45 am; Publication Date: 6/17/2024]